[Amended 7-26-1990 by Ord. No. 140-C; 10-5-1992 by Ord. No.
127-R; 5-2-2005 by Ord. No. 140-G]
A. No application for preliminary or final approval shall
be considered as submitted until the fees and/or escrow deposits,
as set forth below, shall have been paid.
B. The Commissioners shall adopt and amend, by resolution,
a schedule of fees, payable by the applicant to the Township, for the filing
of preliminary and final plans.
C. The Board of Commissioners shall adopt and amend,
by resolution, a schedule of fees, including fees for professional
consultants and a schedule of escrow deposits to be paid by the applicant
to the Township at the time of filing of an application, sufficient
to pay all Township expenditures anticipated in the course of its
review and disposition of plans.
(1) Costs incurred by the Township in excess of the escrowed
amount shall be paid by the applicant prior to the granting of approvals
or permits. If a final bill is issued to the applicant after approval,
he shall pay it within 15 days of receipt.
(2) If costs incurred by the Township are less than the
escrowed amount, the difference shall be refunded to the applicant
following disposition of the plans.
D. Township expenditures subject to escrow as in Subsection
C above include, but are not limited to, the following:
(1) Engineering and other technical services such as plan
review and construction inspections.
(2) Materials and facilities tests.
(3) Services of the Township Solicitor and his staff for
all legal and administrative services performed in relation to the
application.
(4) Dedication, legal fees, title insurance, advertising
and other costs involved in the dedication of land, streets and public
improvements to the Township.
[Amended 10-5-1992 by Ord. No. 127-R]
A. Conditions. The Township shall have no obligation
to take over and make public any street or other improvement unless:
(1) The requirement improvements, utility mains and laterals
and monuments shown on an approved plan or plans have been constructed
to all requirements.
(2) It is established to the satisfaction of the Township
Commissioners that there is a need for the improvements to be taken
over and made public.
B. Acceptance. The Township shall have no responsibility
with respect to any street or other improvement, notwithstanding the
use of the same by the public, unless the street or other improvement
is accepted by ordinance or resolution of the Township Commissioners.
C. Guarantee. The Township accepts dedication of required
improvements following their completion, and Commissioners shall require
posting of financial security by the applicant to secure the structural
integrity and functioning of these improvements in accordance with
the design and specifications as depicted on the approved final plan.
The type of security shall meet the approval of the Township Solicitor
and shall be in compliance with the applicable requirements of the
Pennsylvania Municipalities Planning Code.
(1) The amount of financial security shall be 15% of the
actual cost of installation of the improvements.
(2) The term of the guarantee shall be 18 months from
the date of acceptance of dedication.
[Amended 10-5-1992 by Ord. No. 127-R]
Any person, partnership or corporation who or
which has violated the provisions of this chapter shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $500, plus all court
costs, including the reasonable attorney's fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or be payable until the date of determination of a violation by the
Magisterial District Judge. 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 Magisterial
District Judge determining that there has been a violation further
determines that there was a good faith basis for the person, partnership
or corporation violating this chapter 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 Magisterial District Judge,
and thereafter each day that a violation continues shall constitute
a separate violation. All fines collected for such violations shall
be paid to the Township.