[Ord. No. 1974-1, 2/18/1974]
Where Borough Council finds that extraordinary hardships may
result from strict compliance with these regulations, it may vary
the regulations so that substantial justice may be done and the public
interest secured, provided that such variation will not have the effect
of nullifying the intent and purpose of the Comprehensive Plan or
these regulations.
[Ord. No. 1974-1, 2/18/1974]
In granting variances and modifications the Borough Council,
with the advice of the Borough Planning Commission, may require such
conditions as will in its judgement secure substantially the objectives
of the standards or requirements so varied or modified.
[Ord. No. 1974-1, 2/18/1974]
1.
The applicant or owner submitting plans for a subdivision or land
development shall be required to pay fees in accordance with the fee
schedule adopted by resolution of Borough Council, and, in addition,
shall pay all costs to the Borough for the services of the Borough
Administration, Borough Solicitor and Borough Engineer. These fees
and costs shall consist of application, filing fees and legal and
engineering fees.
2.
The application filing fees will be for all Borough fees and costs
incident to discussion, negotiations and review of subdivision and
land development plans submitted for approval.
3.
The legal and engineering fees shall include but not be limited to
the following:
A.
The legal fees will be for legal services rendered to the Borough
for discussions and negotiations relating to subdivisions or land
developments, the drafting of the contracts and bonds required hereunder,
for the review and/or preparation of all legal documents required
by the Borough and for final acceptance of dedications and improvements
and other incidental items.
B.
The engineering fees will be for engineering services rendered to
the Borough for discussions and negotiations, inspections, escrow
releases and other incidental items relating to subdivisions or land
developments.
4.
To the legal and engineering fees required to be paid as set forth
above there shall be added the sum of 10% which the owner or applicant
shall pay to the Borough for the collection of such fees and the disbursement
of same to the Borough Solicitor and the Borough Engineer.
5.
The legal and engineering fees required to be paid by this Part shall
be promptly paid to the Borough by the owner or applicant, upon the
submission of bills therefor to the owner or applicant by the Borough
from time to time as such fees are billed to the Borough by its attorneys,
engineers, or other advisors.
[Ord. No. 1974-1, 2/18/1974]
1.
Three days prior to the commencement of any operation in the construction
or installation of streets, curbs, sidewalks, drainage facilities,
street signs, monuments, or sewers, the owner shall notify the Borough
Engineer who shall inspect the work, materials, construction and installation
with Borough requirements.
2.
The Borough Engineer shall be authorized to perform such tests of
materials as he believes are reasonably required in order to ensure
proper control of materials. The owner or applicant shall pay to the
Borough the costs of such tests, plus 10% to reimburse the Borough
for the collection of such fees and disbursement of same to the Borough
Engineer.
[Ord. No. 1974-1, 2/18/1974]
All ordinances and resolutions of the Borough of Doylestown
inconsistent herewith or with any part hereof are hereby repealed
to the extent of such inconsistency.
[Ord. No. 1974-1, 2/18/1974]
1.
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 finds the application or any
provision or provisions of this chapter to any 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.
[Ord. No. 1974-1, 2/18/1974]
This chapter shall become effective February 18, 1974.
