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A parcel of land may be added to an existing recorded lot for the sole purpose of increasing the lot size provided that:
A. The parcel to be added must be contiguous to the existing lot and should maintain or improve the overall straightness of lot lines.
B. The plan prepared for the addition of such parcel shall follow the procedures outlined in this Chapter except that a preliminary plan need not be filed.
C. The resulting lots must conform to all current applicable zoning requirements.
(Ord. 2011-05, 3/14/2011, § 314)
1. No plan which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation (PennDOT) shall be finally approved unless the plan contains a notice that a highway occupancy permit is required pursuant to § 420 of the Act of June 1, 1945 (P.L.1242, No. 428), known as the “State Highway Law,” or any amendments thereof, 36 P.S. § 670.101 et seq., before driveway access to a State highway is permitted.
2. The plan shall be marked to indicate that access to the State highway shall be only as authorized by a highway occupancy permit.
3. Neither the Department nor the Township to which permit-issuing authority has been delegated under the State Highway Law, 36 P.S. § 670.101 et seq., shall be liable in damages for any injury to persons or property arising out of the issuance or denial of a driveway permit, or for failure to regulate any driveway. Furthermore, the Township shall not be held liable for damages to persons or property arising out of the issuance or denial of a driveway permit by the Department.
(Ord. 2011-05, 3/14/2011, § 315)
The Board of Township Supervisors shall set fees, payable in advance, for review of plans.
A. Such review fees may include reasonable and necessary charges by the Township’s professional consultants or engineer for review and report thereon to the Township.
B. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or consultants for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.
C. Such fees shall be based upon a schedule adopted by resolution of the Board of Township Supervisors upon enactment of this Chapter, or as such schedule may be amended. A copy of said fee schedule shall be available for review at the Township office.
(Ord. 2011-05, 3/14/2011, § 316)
1. In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, pay the undisputed amount and notify the Township of such fees that are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant’s request over disputed fees.
2. In the event that the Township and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution as set forth below:
A. If within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Township shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review such expenses and make a determination as to the amount thereof which is reasonable and necessary.
B. The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
C. In the event that the Township and the applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then upon application of either party, the President Judge of the Court of Common Pleas of York County (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Township engineer nor any professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding 5 years.
D. The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay one-half of the fee of the appointed professional engineer.
(Ord. 2011-05, 3/14/2011, § 317)
The Township may offer a mediation option as an aid in completing proceedings required by this Section. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in Part 14 of this Chapter.
(Ord. 2011-05, 3/14/2011, § 318)
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