The Township Manager shall assign an application number to all applications for preliminary plan and final plan approval. All matters pertaining to such applications shall be filed in accordance with the subdivision and/or land development application number. In addition, the Township shall keep a record of its findings, decisions and recommendations relative to all subdivision and/or land development plans filed with the application for review. All such records shall be public records.
Upon the filing of an application for preliminary and final approval of a subdivision and/or land development plan, the landowner or developer shall pay to the Township Manager to the use of the Township, such fees as the Board of Commissioners shall from time to time provide by ordinance or resolution.
[Amended 9-12-1989 by Ord. No. 1211]
A. 
The landowner or developer shall pay to the use of the Township, and upon invoice rendered by the Township, such charges as shall be made by the Township Engineer or other Township inspector for the field inspection of improvements in the subdivision or land development; but, in the event that, owing to special or unusual conditions, specialized or expert inspections, analyses or tests shall be performed by persons or firms selected by the Board of Commissioners, and the fees and costs of such inspections, analyses or tests shall be paid by the landowner or developer to the use of the Township upon invoice rendered by the Township, in an amount equivalent to the actual cost thereof to the Township.
B. 
All invoices shall be due upon presentation.
C. 
Any landowner or developer who is delinquent in the payment of invoices shall be denied issuance of any further approvals or permits by the Township, whether such approvals or permits pertain to the development for which said invoice was rendered or any other land or development within the Township.
D. 
The Township Code Enforcement Officer (Building Inspector) or Township Manager shall revoke all permits issued to landowners or developers who are delinquent in the payment of any invoice.
E. 
A landowner or developer who disputes an invoice as billed within 10 days shall state such objection to the Township Manager, in writing, upon receipt, via certified mail, return receipt requested.
F. 
Reimbursement by the applicant to the Township shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or consultant for work performed 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.
(1) 
In the event that 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, notify the Township that such expenses are disputed as unreasonable or unnecessary, in which case the Township shall not delay or disapprove a subdivision and/or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.
(2) 
If, within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of the 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 said expenses and to make a determination as to the amount thereof which is reasonable and necessary.
(3) 
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.
(4) 
In the event that the Township and 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 (or if at the time there is 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 service for the Township or the applicant within the preceding five years.
(5) 
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 1/2 of the fee of the appointed professional engineer.
[Amended 9-12-1989 by Ord. No. 1211]
A. 
The landowner or developer shall pay to the use of the Township, and upon invoice rendered by the Township, the actual cost of all fees incurred by the Township in the review of all subdivision and/or land development plans by the Township Engineer, consultants, Township Solicitor and such other professionals as are engaged by the Township to review and evaluate subdivision and land development plans. The need for such professionals, and the selection thereof, shall be determined solely by the Board of Commissioners.
B. 
In the event that the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notify the Township that such fees 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.
C. 
In the event that the Township and the applicant cannot agree on the amount of review fees which are reasonable and necessary, the applicant and Township shall follow the procedure for dispute resolution set forth in § 123-58F.
The landowner or developer shall pay to the use of the Township and upon invoice rendered by the Township, the cost of performing all material tests determined by the Board of Commissioners to be necessary or desirable in connection with the inspection or approval of all subdivision and/or land development plans or improvements.
The landowner or developer shall pay to the use of the Township, and upon invoice rendered by the Township, all fees incurred by the Township in the preparation of the subdivision and land development agreements, improvement and maintenance bonds, escrow agreements and other instruments deemed necessary or desirable by the Board of Commissioners in connection with subdivisions or land developments.
[Amended 6-13-1989 by Ord. No. 1200]
A. 
Preventive remedies.
(1) 
In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and 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 provisions. 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.
(3) 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current 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. 
Jurisdiction. Magisterial District Judges shall have initial jurisdiction in proceedings brought under this section.
C. 
Enforcement remedies.
(1) 
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 reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the 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.
(2) 
The Court of Common Pleas, upon petition, may grant an order of stays, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
(3) 
Nothing contained in this section 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.
All fines collected for violations of this chapter, as provided in § 123-62, shall be paid over to the Township of Springfield.