A.
The Board of Supervisors may grant a modification
to any of the applicable provisions of this chapter, where a proper
basis for such modification is demonstrated by the applicant, to the
satisfaction of the Board, provided that substantial justice shall
be done and the public interest secured, and further provided that
such modification will not have the effect of nullifying the intent
and purpose of this chapter:
[Amended 11-3-1997 by Ord. No. 97-21]
(1)
Where the applicant demonstrates that such modification
is necessary for promoting flexibility, economy and ingenuity in the
layout and design of subdivisions and land developments, in accordance
with modern and evolving principles of site planning and development;
(2)
Where the applicant demonstrates that literal compliance
with mandatory provisions of this chapter is unreasonable;
(3)
Where the applicant demonstrates that literal compliance
with mandatory provisions of this chapter will cause undue hardship;
or
(4)
Where the applicant demonstrates that an alternative
standard will provide equal or better protection of public health,
safety and welfare.
B.
In granting modifications, the Board may impose such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so modified.
C.
Requests for modifications shall be in accordance
with the provisions of 53 P.S. § 10512.1.
[Added 6-5-1995 by Ord. No. 95-01]
A.
The Township shall assign a subdivision application
number to all applications, and all matters referring to this should
be tied in with and filed in accordance with the subdivision case
number. The Township shall keep a record of its findings, decisions
and recommendations relative to all subdivision plans filed with it
for review.
B.
All such records shall be public records.
[Amended 6-5-1995 by Ord. No. 95-01; 4-20-1998 by Ord. No. 98-02; 8-3-1998 by Ord. No. 98-07; 3-18-2002 by Ord. No. 02-01]
A.
Subdivision and land development application fees shall be fixed by the Board of Supervisors by resolution. In addition to such application fees, all disbursements by the Township incident to plan review, approval and inspection of construction, inspection of dedicated improvements, including but not necessarily limited to engineering fees, legal fees, costs of material or site testing, any maintenance costs prior to acceptance of improvements by the Township, any inspection costs incurred after dedication of public improvements but prior to the expiration of the eighteen-month maintenance period, any costs that the Township incurs in enforcing the maintenance security, and any other professional services used by the Township in conjunction with plan review, inspection of improvements and enforcement of maintenance security, shall be paid for by the applicant pursuant to Subsection B herein. The costs and fees required by this section shall be in amounts ordinarily and customarily charged by the professional consultant and in no event shall such fees and costs exceed the rate charged by the professional consultant to the Township. Any fees that the Township incurs prior to final approval of a land development or subdivision plan must be reimbursed by the applicant and/or the developer prior to the recording of the final approved subdivision or land development plan. Any fees incurred by the Township after the final plan is approved but prior to dedication of public improvements must be paid before the Township will accept the public improvements. Any fees that the Township incurs after public improvements have been dedicated but prior to the expiration of the eighteen-month maintenance period must be paid before the maintenance security is released.
B.
Upon submission of a sketch plan pursuant to § 103-10 which is distributed to the Township Engineer, Solicitor or other Township consultant for review, the applicant, owner, subdivider or developer ("the applicant") shall deposit an amount as set and established from time to time by resolution of the Township's Board of Supervisors to be held in an escrow account with the Township. Upon submission of a preliminary plan pursuant to § 103-12, the applicant shall deposit with the Township an amount as set and established from time to time by resolution of the Township's Board of Supervisors to be held in an escrow account with the Township. Upon submission of a final plan pursuant to § 103-14, the applicant shall deposit an amount as set and established from time to time by resolution of the Township's Board of Supervisors in an escrow account with the Township. Upon receipt of an invoice or bill from a Township consultant for services rendered in review of the sketch plan, preliminary plan and final plan, the Township shall withdraw from the designated escrow account the amount necessary to pay the consultant's bill as it becomes due. The Township shall send the applicant a copy of the consultant's invoice and notice that such bill has been paid from the escrow funds. In the event that the applicant's escrow account is depleted prior to all consultants' fees being paid in full, or is insufficient to cover the Township's consultants' fees, the Township may require the applicant to deposit additional funds in the escrow account to cover the unpaid consultants' fees. Prior to the date when the applicant executes and submits a performance guaranty or escrow agreement pursuant to § 103-17, no building permits shall be issued until the applicant has reimbursed the Township for all outstanding consultants' fees. After the applicant has executed and submitted a performance guaranty or escrow agreement, the Township may use the escrow funds established as the performance guaranty for the payment of the consultants' fees. Any amount remaining in the escrow funds after the applicant's plans have been approved will be refunded to the applicant. After the applicant/developer has executed and submitted a maintenance guarantee, the Township may use the escrow funds established as the maintenance guarantee for the payment of the consultant's fees. Any amount remaining in the escrow funds after the expiration of the eighteen-month maintenance period will be refunded to the applicant/developer.
A minimum of six inspections by Township representatives
shall be effected, as follows:
[Amended 4-16-1990 by Ord. No. 90-02]
A.
Any person, partnership or corporation who or which
has violated any provision of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding, pay a judgment
of not more than $500, plus all court costs, including reasonable
attorneys' fees incurred by the Township as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge determining
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in
which event there shall have deemed to have been only one such violation
until the fifth day following the date of determination of a violation
by the Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.
[Amended 6-5-1995 by Ord. No. 95-01]
