(A) The provisions of this subchapter are intended as minimum standards for the protection of the public health, safety and welfare. The Board of Supervisors of the township may grant a waiver from literal compliance with mandatory provisions of this chapter provided that the following findings are made where relevant in a given case:
(1) Compliance would cause unnecessary hardship, excluding economic hardship, as it applies to a particular property;
(2) Such unnecessary hardship has not been created by the appellant;
(3) The waiver, if authorized, will not alter the essential character neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare;
(4) The waiver, if authorized, will represent the minimum modification necessary to afford relief and will represent the least modification possible of the regulation in issue; and
(5) An alternative proposal will not allow for equal or better results.
(B) Additionally, the Board of Supervisors may hear and decide appeals where it is alleged that the Zoning Officer and/or the Township SEO has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this subchapter.
(C) The approval of a waiver or appeal shall not have the effect of making null and void the intent and purpose of this subchapter. In the approval of a waiver or appeal, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this subchapter. This section shall in no way preempt the authority of the BCDH or the DEP.
(D) Application procedures for a waiver request and/or appeal: all requests for waivers or appeals shall be processed in accordance with the following.
(1) A request for a waiver or appeal shall be submitted to the Township Secretary. The request shall be made in writing and identify:
(a) The specific section of this subchapter which is requested for waiver or the decision which is being appealed;
(b) The proposed alternative to the requirement, when applicable; and
(c) Justifications for an approval of the waiver or appeal.
(2) Along with an application fee, the applicant shall deposit a sum of money in an escrow account. The amount of both the application fee and the escrow shall be established by a separate resolution of the Board of Supervisors. At its discretion, the Board may waive or reduce initial escrow amounts. The escrow shall be used to reimburse the township for all reasonable professional expenses incurred during the review, hearing and decision of the waiver request/appeal. The applicant shall reimburse all costs and expenses in excess of the escrow account within 30 days of receiving an invoice for these excess expenses.
(3) The township shall:
(a) Schedule the waiver request/appeal for consideration by the Board of Supervisors at a public meeting within 60 days of receipt of the application; and
(b) Provide adequate notice of the meeting at which the request/appeal will be considered to the applicant, the Zoning Officer, the SEO and any other involved parties.
(4) At all times, the burden to present credible evidence and the burden of persuasion shall be upon the applicant for a waiver from the terms of this subchapter. In no case shall any applicant be exempted from this burden or the presentation of the required evidence.
(5) Following the hearing upon the waiver request/appeal, the Board of Supervisors shall take such public action as it shall deem advisable no later than its next regularly scheduled monthly public meeting. Such action shall cite the findings supporting and reasons for the disposition of the waiver or appeal. Failure by the Board to act within this timeframe shall be deemed a denial of the request/appeal.
(6) Any applicant granted a waiver under this section shall enter into a O&M agreement with the township and shall provide the township with a maintenance escrow.
(Ord. 207, passed 12-14-2011)