A. If any mandatory provisions of these regulation are shown by the applicant, to the satisfaction of the Board of Supervisors to be unreasonable, to cause undue hardship, or that an alternate standard can provide equal or better results, the Board of Supervisors may grant a modification to that provision. A modification may be granted provided it will not be contrary to public interest and the purpose and intent of this ordinance is maintained.

B. All requests for modifications shall be in writing and signed by the applicant. The request shall state the reasons and grounds for why the provision is unreasonable or the hardship imposed, and shall discuss the minimum modification necessary.

C. it is not sufficient proof of hardship to show that greater profit would result if the modification were granted. Furthermore, hardship complained of cannot be claimed by one who. purchases with or without knowledge of restrictions; it must be from the application of this Ordinance; it must be suffered directly by the property in question; and evidence of a modification granted under similar circumstances shall not be considered.

D. The Board of Supervisors shall request an advisory opinion on the modification request from the Planning Commission.

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

F. The Township shall keep a written record of all requests for modifications.

G. If a modification is granted it shall be referenced in the conditions of approval of the plan, and shall apply only to that plan.

A. The applicant shall reimburse the Township for all reasonable professional including but not limited to engineering, expenses, legal, consultant fees for review, modification or supplementing the feasibility studies required under Article V pursuant to the provisions of this Ordinance. Prior to the filing of a preliminary plan, and prior to the filing of a final plan the applicant shall, for expenses, deposit with the Township Secretary the appropriate non-refundable filing fee and a deposit towards the professional expenses in accordance with the fee schedule adopted by the Township Board of Supervisors. Thereafter, as the deposit for expenses is expended, the applicant shall make further deposits upon notice from the Township Secretary until approval of the plan. Upon approval of the final plan, the Township Secretary shall forthwith refund to the applicant any uncommitted portion of the deposit remaining after all expenses incurred by the Township.

B. In the event the applicant disputes the amount of any such expense in connection with the review of a plan, or the inspection of improvements, the applicant shall, within ten (10) working days of the date of billing, notify the Township that such expenses 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.

C. If within twenty (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 municipality shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.

D. The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deem necessary and render a decision within fifty (50) days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.

E. In the event that the Township and the applicant cannot agree upon the professional engineer to be appointed within twenty (20) days of the billing date, then upon application of either party, the President Judge of the Court of Common Please of Bucks 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 municipal engineer nor any professional engineer who has been retained by, or performed services for, the municipality or the applicant within the preceding five (5) years.

F. 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 One Thousand Dollars ($1,000.00) or more, the municipality shall pay the fee of the professional engineer, but otherwise the municipality and the applicant shall each pay one-half () of the fee of the appointed professional engineer.

A. Preventive Remedies

1. In addition to other remedies, the Township may institute and maintain appropriate actions at law or in equity to restrain, correct or abate violations, to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.

2. The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any ordinance adopted pursuant to this article. This authority to deny such a permit or approval shall apply to any of the following applicants:

a. The owner of record at the time of such violation.

b. The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

c. The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.

d. The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

As an additional condition for issuance of a permit or the granting of an approval to any such owner, vendee or lessee for the development of any such real property, the Township may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.

B. Enforcement Remedies

1. Any person, partnership or corporation who or which has violated the provisions of this subdivision and land development ordinance, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, shall pay a judgment of not more than Five Hundred Dollars ($500.00) plus all court costs plus reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this Ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day -following the date of the determination of a violation by the district justice and thereafter each day that the violation continues shall constitute a separate violation.

2. The Court of Common Pleas, upon petition of the defendant, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.

3. Nothing contained herein shall be construed or interpreted to grant to any person or entity other than the Township, the right to commence any action for enforcement pursuant to this Section.

A. Improvements

Before approving any subdivision or land development plan for recording, the Board of Supervisors shall either require that the necessary grading, paving and other improvements herein specified shall have been installed in strict accordance with the standards and specifications of the Township, or that the Board of Supervisors be assured by means of a proper contract and completion guarantee, as set forth in Section 2.03 (B) hereof, that the improvements will subsequently be installed by the developer.

B. Contracts

In all cases where the necessary grading, paving and other improvements required herein, both on-site and off-site, shall not have been installed in strict accordance with the standards and specifications of the Township prior to approval of the final plan, the developers shall enter into a written agreement with the township in accordance with the requirements of the Municipalities Planning Code in the manner and form approved by the Township Solicitor, wherein developer shall agree, to the extent applicable:

1. To construct or cause to be constructed at his own expense all streets, street signs, curbs, sidewalks, street and buffer plantings, street lights, fire hydrants, water supply system, sanitary sewer system, (including capped sewers and water mains), storm sewers, drainage and erosion control improvements, and other improvements including off-site improvements as may be required by the Township shown on said subdivision or land development plan, all in strict accordance with the standards and specifications of the Township and within the time specified in said agreement.

2. To make adequate provisions with the Township Engineer for the inspection of the construction of the aforesaid improvements to assure strict compliance with Township standards and specifications.

3. To secure the structural integrity of the required improvements for the subdivision as well as the functioning of the required improvements in the subdivision in accordance with the design and specifications of that particular final plat of the required improvements including streets, street signs, curbs, sidewalks, street and buffer plantings, street lights, fire hydrants, water mains (including capped water mains), sanitary sewers (including capped sewers), storm sewers, drainage, grading and erosion control improvements, including off-site improvements as may be required by the Township and other improvements for the period of eighteen months from the date of acceptance of dedication of some or all of the required improvements following completion.

4. To pay all costs, charges or rates of the utility furnishing electric service for the street lighting facilities installed by the developer until such time as the streets shown on the subdivision and/or land development plan 'shall have been accepted or condemned by the Township for public--use, and to indemnify and save harmless the Township from and against all suits, actions, claims and demands for electric service as aforesaid, or any part thereof, to the time that said streets shall be accepted or condemned as public streets in the manner hereinabove set forth.

5. To post contemporaneous with the execution of such agreement such financial security as is required by the Pennsylvania Municipalities Planning Code, as amended.

6. To obtain the easements and releases required by this Ordinance.

7. To reimburse the Township promptly for attorney's and engineer's inspection fees and fees for other professionals employed by the Township to review or process subdivision and land development plans.

C. The provisions of this section shall not relieve the developer from the penalties provided for in Section 515 of the Pennsylvania Municipalities Planning Code or this Ordinance.

A. The Board of Supervisors and Township Planning Commission shall keep records of their findings, decisions, and recommendations relative to all subdivision and land development plans filed with them for review or approval.

B. All records shall be public records.