§ 222-7.10. Appeals and requests for modifications.

All appeals or requests for modifications shall be processed in accordance with the following:

A. 

An appeal or request for a modification shall be submitted to the Township. The request shall be made in writing and identify the following:

(1) 

The specific section of this chapter from which a modification is requested or a decision which is being appealed.

(2) 

The proposed alternative to the requirements, when applicable.

(3) 

Justifications for an approval of the modification or appeal.

B. 

Modification of design requirements. Upon application made, the Township may modify one or more requirements of this chapter where strict compliance with the terms of this chapter cannot reasonably be achieved and where each of the following is demonstrated by the applicant to the reasonable satisfaction of the Township or its representatives:

(1) 

The applicant has done all that can reasonably be done to satisfy the design requirements;

(a) 

If additional land is required, the applicant provides satisfactory evidence that it cannot be purchased at a reasonable price.

(b) 

No traffic problem will be created as a result of the modification.

(c) 

The applicant executes an indemnity agreement satisfactory to the Township.

C. 

The provisions of this chapter are intended as minimum standards for the protection of the public health, safety and welfare. The Board of Supervisors may grant a modification from literal compliance with mandatory provisions of this chapter if the applicant can demonstrate that an alternative proposal will allow for equal or better results.

D. 

Any persons aggrieved by any action of the Township designee may appeal to the Board of Supervisors of East Hempfield Township within 30 days of the date of the action taken by the Township designee.

E. 

The approval of a modification or appeal shall not have the effect of making null and void the intent and purpose of this chapter. In the approval of a modification 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 chapter.