A.
The Subdivision and Land Development Ordinance requirements are minimum
standards for the protection and promotion of the public health, safety,
and welfare. The regulations preserve public order and establish interactions
among citizens in a way that prevents a conflict of rights. The regulations
ensure the uninterrupted enjoyment of rights by all of the citizenry
by guiding development and growth and permit municipalities to minimize
such problems as may presently exist or which may be foreseen.
B.
Modifications shall only be granted to encourage flexibility and
ingenuity in the layout and design of subdivisions and land developments
when meeting the intent and purpose of the chapter, when literal compliance
would be unreasonable, cause undue hardship, or when an alternative
standard is demonstrated to provide equal or better results and if
the modification would not be contrary to the public interest.
(1)
Purpose. The provisions of these regulations are intended as a minimum
standard for the protection of the public health, safety and general
welfare. If the literal compliance with any mandatory provision of
these regulations is demonstrated by the applicant to be unreasonable
and to cause undue hardship because of peculiar conditions pertaining
to the particular property, and if the applicant demonstrates that
an alternative proposal will provide equal or better results, the
Board of Supervisors may grant a modification from such mandatory
provision, so that substantial justice may be done and the public
interest secured while permitting the reasonable utilization of the
property. However, the granting of a modification shall not have the
effect of making null and void the purpose and/or intent of this chapter.
(2)
Procedure. All requests for modifications shall be made in accordance
with the following procedure:
(a)
Application requirements.
[1]
All requests for modifications shall be made 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, or the alternative standard proposed to provide equal or better results, the provision(s) of this chapter which are requested to be modified, and the minimum modification necessary. The request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 98-24).
(b)
Review by Planning Commission. At a scheduled public meeting,
the Planning Commission shall review the modification request and
provide comments to the Board of Supervisors.
(c)
Action by Board of Supervisors. At a scheduled public meeting,
the Board of Supervisors shall review the comments submitted by the
Planning Commission, and the request, to determine if the literal
compliance with any mandatory provision of the chapter is demonstrated
by the applicant to exact undue hardship or to be unreasonable, or
that an alternative standard has been demonstrated to provide equal
or better results, provided that such modification will not be contrary
to the public interest and that the purpose and intent of this chapter
is observed. The applicant shall demonstrate that the alternative
proposal represents the minimum modification necessary. If the Board
of Supervisors determines that the applicant has met his burden, it
may grant a modification from the literal compliance with the terms
of this chapter.
(d)
Notification of municipal action.
(3)
Authority to impose conditions. In granting a modification, the Board
of Supervisors, as applicable, may impose such conditions that will,
in its judgment, secure substantially the objectives of the standards
and requirements of this chapter.
(4)
Time extension modifications. In instances where the applicant requires
additional time to resolve outstanding conditions of approval, a written
request, with the associated fee, shall be submitted for consideration
of review for the last Board of Supervisors or Planning Commission
meeting, as applicable, prior to the deadline for plan recordation.
The written request must include an explanation necessary to justify
the time extension.
(5)
Waiver of preliminary plan modifications. In instances where the
applicant submits a preliminary plan and is approved for a waiver
of preliminary plan processing, a written notification shall be provided
to the County Planning Commission as part of the application so that
the county reviews the plan as a final plan and creates recording
papers.
A.
When a plan, whether preliminary or final, has been approved subject
to conditions, and when the applicant rejects one or all of the conditions,
the applicant shall so notify the Board of Supervisors in writing
30 days of the date of the Board of Supervisors' action. Such
notification of rejection of one or more of the conditions of approval
shall serve to automatically rescind the approval of the plan.
B.
Failure by the applicant to notify the Board of Supervisors of rejection
of one or more of the conditions of approval within the time so specified
shall serve as notice of acceptance of the conditions of approval
and that the applicant intends to fully comply with the conditions
unless such condition is invalidated by a final order of court upon
appeal thereto by the applicant.
A.
Right to appeals. Any person aggrieved by a finding or decision of
the Board of Supervisors with respect to the approval or disapproval
of a plan or request for modification may appeal as provided for in
the Pennsylvania Municipalities Planning Code and other relevant statutes
and rules.
B.
Mediation option. As an alternative to an adjudicatory appeal proceeding,
any party entitled to appeal a decision of the Board of Supervisors
may request the utilization of mediation as an aid in resolving the
dispute. Participation in mediation shall be wholly voluntary by the
parties and shall be conducted as prescribed in the Pennsylvania Municipalities
Planning Code.
Brecknock Township shall keep an accurate, public record of
its findings, decisions and recommendations relevant to all applications
filed with it for review or approval.
A.
Review fee. Each subdivision or land development plan application
shall be accompanied by the required review fee as established and
adopted by ordinance or resolution by the Board of Supervisors. Fees
shall be payable to Brecknock Township at the time of application
(unless otherwise noted herein), and plan processing, approval and
recording shall not be completed until all required fees are paid.
There shall be no refund or credit of fees or a portion of any fee
should the applicant withdraw the plan during the review process or
fail to receive plan approval.
B.
Professional service fees. In addition to the required review fee,
it is anticipated that additional expenses will be incurred by Brecknock
Township in processing the preliminary and/or final plans which are
submitted or which may be required to be submitted under this chapter,
for engineering, legal or other professional consultant expenses.
If the fees are not sufficient to cover these expenses incurred in
the review of said plans, Brecknock Township shall notify the person
submitting the plans for review of the additional expense and shall
request payment of the same. All payment requested by Brecknock Township
for engineering, legal or other professional expense shall be the
actual cost of the services incurred by Brecknock Township. These
services shall be billed at the normal established rate for engineering
or legal services provided to Brecknock Township.
