A.Â
Application filing fees. Application filing fees shall be established,
from time to time, by resolution of the Board of Supervisors. The
application filing fees shall cover the administrative costs associated
with processing an application for approval of a subdivision or land
development and shall be payable to the Township at the time of submission
of the application.
B.Â
Application review fees.
(1)Â
Application review fees shall include reasonable and necessary charges
by the Township's professional consultants or the Township Engineer
for review and report on the application to the Township. Such review
fees shall be based upon a schedule established from time to time
by resolution of the Board of Supervisors. Such review fees shall
be reasonable and in accordance with the ordinary and customary charges
by the Township Engineer or other consultants for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the Township Engineer or other consultants to the
Township when fees are not reimbursed or otherwise imposed on applicants.
(2)Â
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Township Secretary 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.Â
Inspection fees.
(1)Â
The Township may 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 established from time to time by resolution of the Board
of Supervisors.
(2)Â
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 services in the community, but in no
event shall the fees exceed the rate or cost charged by the Township
Engineer or consultant to the Township when fees are not reimbursed
or otherwise imposed on applicants.
(3)Â
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 30 working days of the date of billing, notify the Township
Secretary 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.[1]
(4)Â
If within 45 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 the said expenses and make a determination
as to the amount thereof which is reasonable and necessary.[2]
(5)Â
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 within 60 days.[3]
(6)Â
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 the judicial district in which the Township
is located, 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 five years.
(7)Â
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 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 more than $5,000, the arbitrator shall have the
discretion to assess the arbitration fee in whole or in part against
either the applicant or the professional consultant. The governing
body and the consultant whose fees are the subject of the dispute
shall be parties to the proceeding.[4]
The Board of Supervisors may, from time to time, amend this
chapter in accordance with the following provisions.
A.Â
Planning Commission review. In the case of amendments other than
those prepared by the Township Planning Commission, the Board of Supervisors
shall submit the proposed amendment to the Planning Commission for
recommendations at least 30 days prior to the date fixed for the public
hearing on the proposed amendment.
B.Â
County Planning Commission review. The proposed amendment shall be
submitted to the Washington County Planning Commission for review
and recommendations at least 30 days prior to the Board of Supervisors'
public hearing on the amendment.
C.Â
Public hearing. Amendments to this chapter shall become effective
only after a public hearing conducted by the Board of Supervisors,
which is held pursuant to public notice as defined herein.
D.Â
Publication, advertisement and availability of ordinance.
(1)Â
Proposed amendments shall not be enacted unless public notice, as
defined herein, of the proposed enactment is given, including the
time and place of the meeting at which passage will be considered
and a reference to a place within the Township where copies of the
proposed amendment may be examined without charge or obtained for
a charge not greater than the cost thereof.
(2)Â
The Board of Supervisors shall publish the proposed amendment once
in one newspaper of general circulation in the Township not more than
60 days nor less than seven days prior to passage. Publication of
the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Township Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included:
(a)Â
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time the public notice is published.
(b)Â
An attested copy of the proposed amendment shall be filed in
the County Law Library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(c)Â
In the event substantial amendments are made in the proposed
amendment before voting upon enactment, the Board of Supervisors shall,
at least 10 days prior to enactment, readvertise in one newspaper
of general circulation in the Township, a brief summary setting forth
all the provisions in reasonable detail, together with a summary of
the amendments.
(d)Â
Subdivision and land development amendments may be incorporated
into official ordinance books by reference with the same force and
effect as if duly recorded therein.
E.Â
Filing after enactment. Within 30 days after adoption, the Board
of Supervisors shall forward a certified copy of the amendment to
the Washington County Planning Commission.
Any party aggrieved by the decision of the Board of Supervisors
regarding a subdivision or land development plan may appeal such decision,
within 30 days of the date of entry of the decision of the Board of
Supervisors, to the Washington County Court of Common Pleas.
A.Â
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.
B.Â
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 this chapter. The authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)Â
The owner of record at the time of such violation.
(2)Â
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.
(3)Â
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.
(4)Â
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.
C.Â
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.
A.Â
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
attorneys' 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.
B.Â
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
C.Â
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.
Whenever there is a difference between a minimum standard or
dimension specified in this chapter and those contained in another
official regulation, resolution or ordinance of the Township or any
other restriction or covenant, the most restrictive standard shall
apply. If a question of conflict arises between various portions of
this chapter, the most restrictive term shall apply.