Township of Tredyffrin, PA Article XI Administration

§ 181-65 Relief from unnecessary hardship.

A. In any case in which an applicant demonstrates to the satisfaction of the Township approving authority that strict application of any provisions of this chapter would be unreasonable and would cause unnecessary hardship as applied to the proposed subdivision or land development, the Board may grant a modification of such provision so as to grant relief from the unnecessary hardship. Any such modification granted shall be the least modification necessary to grant relief from the unnecessary hardship and shall be applied so that substantial justice may be done and the public interest secured; provided, however, that such modification shall not be granted if it would have the effect of nullifying the intent and purpose of this chapter.

B. In granting modifications, the Board may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements so modified.

§ 181-66 Records.

A. The Township shall assign a subdivision application number to all subdivision and land development applications, and all matters referring to an application should be filed in accordance with the subdivision case number. The Township shall keep a record of its findings, decisions and recommendations relative to all plans filed with it for review.

B. All such records shall be public records.

§ 181-67 Establishment or adjustment of review fees and other fees.

[Amended 12-2-2013 by Ord. No. HR-399; 1-27-2014 by Ord. No. HR-402]

A. The Board of Supervisors shall, by resolution, establish or adjust such fees and costs as it deems necessary for the following:

(1) Tentative sketch plans.

(2) Preliminary plans.

(3) Recording of final plans.

(4) Condominium or homeowners' association declaration plans.

(5) Improvement construction plans.

(6) Erosion, sedimentation and stormwater control plans.

(7) Preparation, review and recording of subdivision and/or land development agreements.

(8) Review and administration of performance and maintenance guaranty instruments.

(9) Preparation, review and/or recording of deeds of dedication.

(10) Permits.

(11) Inspections and testing.

B. Every applicant shall, at the time of filing application for approval of a plan, pay to the Township a nonrefundable filing fee as adopted by the Board and an escrow deposit, as set forth herein, to cover the costs of plan review and processing. Amounts of the filing fee and escrow deposit shall be fixed by the Board by resolution. The escrowed funds shall be used to reimburse the Township for actual expenditures incident to these processes, including but not limited to the review fees which are otherwise recoverable under 53 P.S. § 10503. Professional consultants include, but are not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects and planners, including professionals employed by the Township such as the Township Engineer and the Director of Planning and Zoning. Any costs incurred by the Township in excess of the amount held in escrow shall be fully reimbursed by the applicant from time to time in accordance with schedules fixed by the Board by resolution and in any case prior to issuance of any permits. Any costs not paid within the time specified by the Township shall be assessed an interest penalty as established by the Board and may result in the suspension of reviews of the applicant's plans. All delinquent accounts may be deemed a municipal claim and collected pursuant to the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq.

C. For plans involving both subdivision and land development, both fees will apply to the areas affected.

D. Where sketch plan review, traffic studies or other special analyses are required by the Board or the Planning Commission, the applicant shall agree to reimburse the Township for costs incurred.

E. The applicant shall reimburse the Township for expenses incurred for the inspection of improvements based upon a schedule established by resolution of the Board from time to time. Following final plan approval and prior to recording, a second escrow deposit shall be established to cover the cost of inspections of improvements, construction, materials, or site testing or maintenance costs prior to the acceptance of improvements by the Township. Any costs incurred by the Township in excess of the amount held in escrow shall be fully reimbursed by the applicant from time to time in accordance with schedules fixed by the Board by resolution and in any case prior to the acceptance of any public improvements. Any costs not paid within the time specified by the Township shall be assessed an interest penalty as established by the Board and may result in the denial or withdrawal of any permits. All delinquent accounts may be deemed a municipal claim and collected pursuant to the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq.