A.
Granting of hardship; proof.
(1)
The Board of Commissioners may grant a modification
of the requirements of one or more provisions of this chapter if the
literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and that
the purpose and intent of this chapter is observed.
(2)
Proof of undue hardship must be presented to the township
by the subdivider/land developer. It shall not be considered sufficient
proof of hardship to show that greater profit would result if the
variance were granted. Furthermore, the hardship complained of cannot
be self-created and must be suffered directly by the property in question.
B.
Procedure for modification.
(1)
All requests for a modification shall be submitted
to the Zoning Official in writing and shall accompany and be a part
of the application for development. The request shall state in full
the grounds and facts of unreasonableness or hardship on which the
request is based, the provision(s) of this chapter involved and the
minimum modification necessary to abate the hardship.
(2)
The Township Planning Commission shall review the
applicant's request and submit a report to the Board of Commissioners.
(3)
The Board of Commissioners shall review and approve
or disapprove the request and keep a written record of all action
on the matter.
(4)
A written summary of any exception shall be appended
to the record plan.
[Added 10-13-2022 by Ord. No. 2197[1]]
A.
The applicant shall prepare and submit to the Township a preliminary/final
plan, the application form, and a letter requesting a waiver from
the land development plan approval process. The requirements of the
preliminary/final plan found in this article must be met unless specific
waivers are requested and granted by the Board of Commissioners.
B.
Applicant shall submit the appropriate fee for review of a land development
plan, copies of the preliminary/final plan in accordance with § 149-14B,
application, and a letter to the Township, and request that a review
be scheduled with the Township Planning Commission. If, upon review
by the Township, the land development waiver request is acceptable,
that portion of the fee submitted by the applicant that is required
for review of a land development plan shall be refunded to the applicant.
C.
The Township Zoning Official shall review the submission for completeness,
and if the submission is incomplete, shall return the submission to
the applicant within seven working days and indicate the deficiencies.
If the submission is complete, the Township Zoning Official shall
accept the preliminary/final plan, application, request letter, and
fees.
D.
The Township Zoning Official shall, upon acceptance of a complete submission, immediately distribute copies of the preliminary/final plan, application, and request letter, with a request to review, in accordance with § 146-14D.
E.
The Township Engineer shall, within 30 days following the receipt
of the plan from the Township:
(1)
Review the applicant's submission for compliance with all applicable
requirements of the Zoning Ordinance, this chapter, the Municipal
Comprehensive Plan, and all other ordinances and regulations.
(2)
Review the engineering considerations in the applicant's submission.
(3)
Prepare a report for the Planning Commission and Board of Commissioners,
including a recommendation for the granting or denial of the waiver
from the land development plan approval process.
F.
Action of Planning Commission.
(1)
Within 60 days following the receipt of a complete preliminary/final
plan submission, the Planning Commission shall, at a public meeting:
(a)
Review the applicant's submission.
(b)
Review all reports and recommendations received.
(c)
Evaluate the plan, reports, and any discussion of the plan.
(d)
Determine whether the preliminary/final plan meets the objectives
and requirements of this chapter, the Municipal Comprehensive Plan,
and other ordinances.
(e)
Recommend revisions, if necessary, so that the plan will conform
to Township regulations.
(f)
Recommend granting or denying the waiver from the land development
plan approval process.
G.
Actions by the Board of Commissioners.
(1)
Following the receipt of the Township Planning Commission's
recommendation, the Board of Commissioners shall, at a public meeting:
(a)
Receive and review the applicant's submission.
(b)
Receive and review the reports of the Township Engineer, Township
Fire Marshal, Township Traffic Engineer, any other reports submitted,
and the recommendation of the Township Planning Commission.
(c)
Evaluate the applicant's submission, the Township Engineer's
report, the Planning Commission's recommendation, and any other
appropriate reports.
(d)
Determine whether the preliminary/final plan meets the objectives
and requirements of this chapter, the Zoning Ordinance, the Municipal
Comprehensive Plan, and other ordinances.
(e)
Adopt a resolution approving or rejecting the request for a
waiver from the land development plan approval process. If the waiver
request is approved, the Board shall express its approval and state
the conditions of approval, if any. If the request is not approved,
the Board shall state the reasons for disapproval.
(f)
The decision of the Board of Commissioners and any conditions
imposed by the Board shall be in writing and shall be communicated
to the applicant or the applicant's agent personally or be mailed
to him at the last known address not later than 15 days following
the decision or within such time limits as may be required by the
Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(g)
Approval of the waiver request shall be rescinded automatically
upon the applicant's or applicant's agent's failure
to accept, in writing, all conditions imposed by the Board of Commissioners
within seven days of receipt of the written decision.
H.
If approved:
(1)
Applicant shall submit one copy of the final plan to the Township
Engineer, who shall issue a letter specifying the number and format
of plans required for signatures and recording. Prior to submission
of the plans for Township signatures and recording, applicant shall
have the record plan signed by the property owner.
(2)
After all other signatures, as required by this chapter, are on the
preliminary/final plan, the Board of Commissioners shall sign the
preliminary/final plan.
(3)
The property owner and, if different, the applicant, shall record
the plan in the office of the Recorder of Deeds of Montgomery County,
as provided under this chapter. A copy of the recorded plan shall
be provided to the Township and the Township Engineer.
I.
Approval of the request for a waiver from the land development plan
approval process shall constitute approval of the project and, following
the completion of the recording procedure, the authorization for the
construction of the site improvements and buildings. A developer's
agreement will not be required; however, building permits will be
required and the applicant shall be required to post appropriate escrow
with the Township to cover the cost of inspections.
J.
Criteria for the waiver from the land development plan approval process.
In order to qualify for a waiver from the land development plan approval
process, the applicant shall meet the following criteria:
(1)
The application is for a primary disturbance of less than 10,000
square feet or construction of a primary building of less than 10,000
square feet;
(2)
The application is for a minor building addition or an accessory
building that is not more than 20% of the existing principal building;
(3)
The application is for a minor building addition or an accessory
building that is not more than 10,000 square feet in size; and
(4)
All applicable zoning requirements, including building setbacks and
building and impervious surface coverages, must be met.
K.
A waiver from the land development plan approval process shall not
be granted if there is a significant impact upon neighboring properties,
stormwater management control requirements, traffic, or the public
health, safety, and welfare.
L.
A proposed development receiving a waiver of land development in
accordance with the provisions of this section shall still be required
to obtain building, grading, and all other applicable permits required
under the Township's Code of Ordinances.
Any person desiring to challenge a decision
of the Board of Commissioners regarding the application of this chapter
or any subsequent amendment hereto or any decision of any township
official pursuant to this chapter shall proceed in accordance with
the Municipalities Planning Code, 53 P.S. § 10101 et seq.
It is hereby declared to be the legislative
intent that:
A.
If a court of competent jurisdiction declares any
provision of this chapter to be invalid or ineffective, in whole or
in part, the effect of such decision shall be limited to those provisions
which are expressly stated in the decision to be invalid or ineffective,
and all other provisions of this chapter shall continue to be separately
and fully effective.
B.
If a court of competent jurisdiction declares any
provision of this chapter to a lot, building or other structure or
tract of land to be invalid or ineffective, in whole or in part, the
effect of such decision shall be limited to the person, property or
situation immediately involved in the controversy, and the application
of any such provision to other persons, property or situations shall
not be affected.
All codes and ordinances of the Township of
Abington inconsistent herewith or with any portion thereof are hereby
repealed to the extent of such inconsistency.
The effective date of this chapter shall be
the 18th day of June 1991.
This chapter was approved and enacted by the
Board of Commissioners this 13th day of June 1991.
