Township of Millcreek, PA Article XV Administration

§ 125-104 Application of regulations.

A. The regulations established in this chapter shall constitute the minimum standards for protection of the public health, safety and welfare in the subdivision and/or development of land.

B. Regulations established in the Pennsylvania Municipalities Planning Code,[1] Chapter 145, Zoning, Chapter 116, Stormwater Management, Chapter 29, Part 2, Public and Private Improvements, the Sewage Facilities Planning Act[2] and other laws, ordinances and regulations which apply by their terms to subdivision, development and/or use of land shall apply even if not expressly incorporated in this chapter.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

[2] Editor's Note: See 35 P.S. § 750.1 et seq.

§ 125-105 Variances from and modification of regulations.

A. A variance from mandatory regulations established in this chapter may be granted only where the Board of Supervisors, upon written application by the applicant, shall make the findings required by § 125-38A as they apply to the proposed development. Economic cost or hardship shall not constitute a proper basis for variance from established regulations.

B. Modifications from established regulations shall be governed by § 125-38B of this chapter, and shall be granted only where authorized in this chapter and subject to the guidelines established in § 125-37B.

C. In granting a variance or modification, the Board of Supervisors shall impose such conditions as it believes are necessary and appropriate in the circumstances to ensure the general objectives of these regulations.

§ 125-106 Maintenance of records.

A. All plans, agreements and other documents required to be submitted under this chapter shall become the property of Millcreek Township.

B. All plans and other documents pertinent to a proposed and/or approved development shall be maintained in a permanent file by the Engineering Department. Copies of resolutions, decisions and other documents issued by the Township in connection with a development shall be retained in this file.

C. Original recorded deeds and other documents conveying title in property to Millcreek Township shall be maintained in a permanent file by the Township Secretary, a copy of said documents to be retained by the Engineering Department for its file.

§ 125-107 Review, administration and inspections.

A. The Township Engineer is authorized to supervise acceptance, review and administration of plan submissions and inspection and other actions undertaken after approval of a plan.

B. The Township Solicitor is authorized to review all documents of a legal nature and any other matter on request of the Board of Supervisors, the Engineer or a developer, to participate on request in meetings at which matters pertinent to a development are addressed, to prepare decisions and notices on request of the Board of Supervisors or the Engineer and to assist in measures taken to enforce conditions, agreements or obligations under security tendered to the Township.

C. The Board of Supervisors may in its discretion retain engineers, attorneys or other professionals to assist in plan reviews, inspection or other actions related to plan review and implementation.

D. The Township Treasurer is authorized to establish and maintain accounts, receive fees, deposits and security due pursuant to this chapter and to make such payments from said accounts as are authorized.

E. A developer shall be obligated to pay for all services rendered or incurred by Millcreek Township in connection with review, administration, inspection and enforcement of plans, approvals, agreements, these regulations and security for completion of required improvements, in accordance with schedules of fees established from time to time by the Board of Supervisors and as actually incurred.

F. Inclusions of Appendixes A and B in this chapter is for convenience only, said forms having been adopted by the Board of Supervisors by resolution and the Board having authority to supplement or revise forms at any time.[1]

[1] Editor's Note: Said appendixes are on file in the Township offices.

§ 125-108 Authority of Board of Supervisors.

A. The Board of Supervisors in its discretion may, from time to time:

(1) Revise, modify and amend this chapter and the regulations established herein, substantive amendments to be enacted by an amendatory ordinance;

(2) By resolution, establish and amend fees and deposits for the filing, review and administration of plans and inspection and other services provided by the Township with respect to approved plans;

(3) By resolution, establish and amend procedures for acceptance and review of plan applications so long as such revision does not alter substantive rights accorded in the Municipalities Planning Code[1] or in this chapter;

[1] Editor's Note: See 53 P.S. § 10101 et seq.

(4) Adopt and amend forms for use in submitting applications for plan approval, agreement documents required by this chapter and/or Chapter 116, Stormwater Management, checklists and other forms to be used by the Engineering Department;

(5) Establish and amend documents required in connection with plan applications and approvals, including but not limited to certificates required to be set forth on a plat and those submitted as a condition on approval;

(6) Authorize persons to initiate and prosecute proceedings for enforcement of this chapter and/or collection of sums due to the Township for completion of required improvements or other reason;

(7) Establish or amend specifications for work or improvements required under this chapter and other ordinances of the Township; and

(8) Take all other actions necessary or appropriate to effectuate the provisions and intent of this chapter.

B. Forms and nonsubstantive revisions effected by resolution or administratively shall be deemed incorporated within this chapter.

C. Forms adopted by resolution of the Board of Supervisors are attached as Appendix A[2] to this chapter for convenience and may from time to time be revised by resolution.

[2] Editor's Note: Appendix A is on file in the Township offices.

D. Appendix B confirms existing regulations adopted by the Board of Supervisors, which may amend the same by resolution.