§ 22-1205. Remedies to Effect Completion of Improvements .

   In the event that any improvements which may be required have not been installed as provided in this Chapter or in accordance with the approved final plan, the Board of Township Supervisors shall have the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of, installing or making repairs or corrections to all the improvements covered by said security the Board of Township Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer or both, shall be used solely for the installation of the improve ments covered by such security, and not for any other Township purpose.

(Ord. 2011-05, 3/14/2011, § 1205)

§ 22-1206. Fees for Inspection of Improvements .

   The Board of Township Supervisors shall prescribe that the applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement 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. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or consultants for work performed for similar services 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.

(Ord. 2011-05, 3/14/2011, § 1206)

§ 22-1207. Disputes Over Inspection Fees .

   1.   If the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, pay the undisputed amount and notify the Township of such expenses that are disputed as unreasonable or unnecessary, in which case the Township shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant’s request over disputed engineer expenses.

   2.   In the event that the Township and the applicant cannot agree on the amount of expenses 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, § 1207)

Part 13 Modification of Requirements

§ 22-1301. Special Conditions .

   Where, the literal enforcement of the provisions of these regulations will exact undue hardship because of peculiar conditions pertaining to the land in question, the Board of Township Supervisors, after review by the Planning Commission, and recommendation by the Township Engineer as required, may grant a modification of the requirements of one or more provisions of this Chapter provided that such modification will not be contrary to the public interest or the Township Comprehensive Plan and that the purpose and intent of this Chapter is observed.

(Ord. 2011-05, 3/14/2011, § 1301)

§ 22-1302. Applications for Modification .

   All requests for a modification shall be in writing and shall accompany the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the Part involved and the minimum modification necessary. The burden of proof is placed on the applicant to justify modification of the Part.

(Ord. 2011-05, 3/14/2011, § 1302)

§ 22-1303. Modification Action by the Board of Township Supervisors .

   1.   The Board of Township Supervisors shall consider and act upon requests for modification at a regularly scheduled meeting of the Board.

   2.   A formal hearing shall not be required. However, the applicant or any interested party may request a hearing upon agreement to pay for the public notice and stenographic costs thereof.

   3.   At any meeting or hearing, the applicant or his representative shall present evidence in support of the request.

   4.   The Board of Township Supervisors after hearing said evidence and considering the application, may grant or deny said modification.

   5.   In modifying any requirements, the Board of Township Supervisors shall record its action and the grounds for the modification of a requirement to the applicant applying for the modification. A note should be placed on the plan stating the modification and date granted.

   6.   Whenever a request for the modification of a requirement is denied, the Board of Township Supervisors shall record its action and the grounds for such denial in its minutes. The Board of Township Supervisors shall transmit a copy of the action and the grounds for such denial of any alteration to the applicant applying for the modification.

(Ord. 2011-05, 3/14/2011, § 1303)

Part 14 Enforcement, Penalties, Severability, Amendments, and Enactment