[Ord. 418, 1/29/2014]
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, PRD, or other land development
and shall be payable to the Township at the time of submission of
the application. The foregoing application filing fee(s) shall be
exclusive of reimbursable review and inspection fees of professional
consultants, as provided hereinafter.
[Ord. 418, 1/29/2014]
1.
Application Review Fees.
A.
Review Fees. Applicants shall reimburse the Township as provided
hereinafter for all application review fees incurred by the Township
by its professional consultants. Application review fees shall include
reasonable and necessary charges by the Township's professional consultants
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 such professional consultants for similar service in the community,
but in no event shall the fees exceed the rate or cost charged by
the professional consultants to the Township when fees are not reimbursed
or otherwise imposed on applicants. (Fees charged to the Township
relating to any appeal of a decision on an application shall not be
considered review fees and may not be charged to an applicant.) The
Board of Supervisor may, from time to time by resolution, also establish
escrow or other security requirements for professional review fees,
in which event such escrow accounts or other security arrangements
shall be established or put in place at the time of submission of
the application in accordance with such resolution. Interim and final
review fees shall be invoiced and paid, and disputed invoices resolved,
in accordance with the procedures set forth in this section.
B.
Procedures for Invoicing and Payment of Application Review Fees.
(1)
The Township's professional consultants shall issue to the Township
on a monthly basis or at such other interval as required by the Township
an itemized invoice reflecting solely work performed on the application
being reviewed by it, which itemized bill shall show the work performed
and shall identify the person performing the services and the time
and date spent for each task.
(2)
The Township shall forward said itemized bill(s) to the applicant
either as interim bill(s) or at its discretion as part of a final
bill as provided hereinafter. All interim and final invoices for application
review fees shall be due and payable by applicant to the Township
within 30 days of transmittal by the Township.
(3)
Subsequent to a decision on an application (tentative/preliminary
or final decision), whether or not interim bills have been issued,
the Township shall submit to the applicant an itemized bill for review
fees, specifically designated as a final bill. The final bill shall
include all review fees incurred at least through the date of the
decision on the application. If for any reason additional review is
required subsequent to the decision, including inspections and other
work to satisfy the conditions of the approval, the review fees shall
be charged to the applicant as a supplement to the final bill.
C.
Applicant Disputes Regarding Invoices for Application Review Fees.
(1)
In the event the applicant disputes the amount of any such review
fees invoice or part thereof, the applicant shall, no later than 45
days after the date of transmittal of the invoice to the applicant,
notify the Township and the Township's professional consultant that
such fees are disputed and shall explain the basis of their objections
to the fees charged, in which case the Township shall not delay or
disapprove a subdivision or land development application due to the
applicant's dispute over fees. However, all undisputed invoices or
parts thereof shall be paid by the due date regardless of the submission
of a dispute as to the remainder of any invoice. Failure of the applicant
to dispute a bill within 45 days shall be a waiver of the applicant's
right to arbitration of that bill or any undisputed portion thereof.
Failure of applicant to dispute any item contained in any interim
bill within 45 days of transmittal shall constitute a waiver of applicant's
right to include same as part of a dispute raised for the first time
in response to any subsequent invoice or to the final bill. To the
extent that the applicant has submitted escrow or other security to
the Township, the Township may secure payment from same on the 46th
day following transmittal of any invoice or part thereof concerning
which no timely payment has been remitted or dispute submitted pursuant
to this section.
(2)
In the event that applicant shall have given timely notice of a dispute as provided hereunder and the Township's professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant shall have the right, within 45 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional consultant to serve as an arbitrator, in which case the applicant and the Township and the Township's professional consultant shall follow the procedures for dispute resolution set forth in this Part (see Subsection 3, below), provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
2.
Inspection Fees.
A.
Inspection Fees. The applicant shall reimburse the Township for the
reasonable and necessary expense incurred in connection with the inspection
of improvements, as provided hereinafter. The applicant shall not
be required to reimburse the Board of Supervisors for any inspection
which is duplicative of inspections conducted by other governmental
agencies or public utilities. The burden of proving that any inspection
is duplicative shall be upon the objecting applicant. Such reimbursement
shall be based upon a schedule established by resolution of the Board
of Supervisors. Such expense shall be reasonable and in accordance
with the ordinary and customary fees charged by the Township's professional
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 professional consultant to the Township for comparable services
when fees are not reimbursed or otherwise imposed on applicants. The
Board of Supervisors may, from time to time by resolution, also establish
escrow or other security requirements for inspection fees, in which
event such escrow accounts or other security arrangements shall be
deposited or put in place before any permits are issued to commence
any work on the land development in accordance with such resolution.
Interim and final inspection fees shall be invoiced and paid, and
disputed invoices resolved, in accordance with the procedures set
forth in this Part (see Subsections 2C and 3, below).
B.
Procedures for Invoicing and Payment of Inspection Fees.
(1)
The Township's professional consultants shall issue to the Township
on a monthly basis or at such other interval as required by the Township
an itemized invoice reflecting solely work performed in connection
with the inspection of improvements performed, which itemized bill
shall show the work performed and shall identify the person performing
the services and the time and date spent for each task.
(2)
The Township shall forward said itemized bill(s) to the applicant
either as interim bill(s) or at its discretion as part of a final
bill as provided hereinafter. All interim and final invoices for inspection
fees shall be due and payable by applicant to the Township within
30 days of transmittal by the Township.
C.
Applicant Disputes Regarding Interim Invoices for Inspection Fees.
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, including any interim
invoice, the applicant shall, no later than 30 days after the date
of transmittal of a bill for inspection services, notify the Township
and the Township's professional consultant that such inspection expenses
are disputed as unreasonable or unnecessary and shall explain the
basis of their objections to the fees charged, in which case the Township
shall not delay or disapprove a request for release of financial security,
a subdivision or land development application or any approval or permit
related to development due to the applicant's dispute of inspection
expenses. Failure of the applicant to dispute any interim or final
bill within 30 days of transmittal shall be a waiver of the applicant's
right to arbitration of that bill under this section. Failure of applicant
to dispute any item contained in any interim bill within 30 days of
transmittal shall constitute a waiver of applicant's right to include
same as part of a dispute raised for the first time in response any
subsequent invoice or to the final bill. To the extent that the applicant
has submitted escrow or other security to the Township, the Township
may secure payment from same on the thirty-first day following transmittal
of any invoice or part thereof concerning which no timely payment
has been remitted or dispute submitted pursuant to this section.
D.
Final Invoices for Inspection Fees. Prior to the final release of
financial security for completion of improvements for a subdivision
or land development, or any phase thereof, the professional consultant
shall submit to the governing body a bill for inspection services,
specifically designated as a final bill. The final bill shall include
inspection fees incurred through the release of financial security.
The final bill shall be transmitted by the Township to applicant for
reimbursement to the Township.
E.
Disputes Regarding Final Invoices for Inspection Fees. In the event
that applicant disputes the amount of any such expense in connection
with the final bill for inspections of improvements, applicant shall,
no later than 30 days after the date of transmittal of the final bill
for inspection services, notify the Township and the Township's professional
consultant that such inspection expenses or part thereof are disputed
as unreasonable or unnecessary and shall explain the basis of their
objections to the fees charged, in which case the Township shall not
delay or disapprove a request for release of financial security, a
subdivision or land development application or any approval or permit
related to the development due to applicant's dispute of inspection
expenses. Failure of applicant to dispute the final bill or any portion
thereof within 30 days shall be a waiver of applicant's right to arbitration
of that bill under this section. If the professional consultant and
the applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant shall have the right, within 45
days of the transmittal of the final bill or supplement to the final
bill to the applicant, to request the appointment of another professional
consultant to serve as an arbitrator.
3.
Resolution of Disputes; Arbitration.
A.
In the event that the applicant raises a timely dispute hereunder
to any interim invoice or final bill for review fees or interim invoice
or final bill for inspection fees, and provided that applicant further
makes timely request for the appointment of another professional consultant
to serve as an arbitrator, then the applicant and professional consultant
whose fees are being challenged shall, by mutual agreement, appoint
another professional consultant to review any bills the applicant
has disputed and which remain unresolved and make a determination
as to the amount thereof which is reasonable and necessary. The arbitrator
shall be of the same profession as the professional consultant whose
fees are being challenged.
B.
The arbitrator so appointed shall hear such evidence and review such
documentation as the arbitrator in his or her sole opinion deems necessary
and shall render a decision no later than 50 days after the date of
appointment. Based on the decision of the arbitrator, the applicant
or the professional consultant whose fees were challenged shall be
required to pay any amounts necessary to implement the decision within
60 days of the decision. In the event the Township has paid the professional
consultant an amount in excess of the amount determined to be reasonable
and necessary, the professional consultant shall within 60 days reimburse
the excess payment.
C.
In the event that the Township's professional consultant and applicant
cannot agree upon the arbitrator to be appointed within 20 days of
the request for appointment of an arbitrator, 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 arbitrator, who, in that case, shall
be neither the Township's professional consultant nor any professional
consultant who has been retained by, or performed services for, the
Township or the applicant within the preceding five years.
D.
The fee of the arbitrator shall be paid by the applicant if the review
fee charged is sustained by the arbitrator; otherwise, it shall be
divided equally between the parties. If the disputed fees are found
to be excessive 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.
[Ord. 418, 1/29/2014]
Any party aggrieved by the decision of the Board of Supervisors
regarding a subdivision or land development plan may appeal such decision
to the Allegheny County Court of Common Pleas within 30 days of the
date of entry of the decision of the Board of Supervisors in accordance
with the Municipalities Planning Code, 53 P.S. § 10101 et
seq., and as otherwise provided under law.
[Ord. 418, 1/29/2014]
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 this chapter. The 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.
[Ord. 418, 1/29/2014]
1.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefore
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 magisterial district judge's determination of a violation.
If the defendant neither pays nor appeals the judgment in the assigned
time, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute as 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. If the magisterial district judge believes
that there was no such violation, there shall be deemed to have been
only one such violation until the fifth day following the date of
the magisterial district judge's determination of the violation, and
thereafter, each day that a violation continues shall constitute a
separate violation.
2.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Township the right to
commence any action for enforcement pursuant to this section.
[Ord. 418, 1/29/2014]
1.
Whenever any provision of these subdivision regulations is at variance
with another lawfully adopted rule, regulation, ordinance, restriction
or covenant, that which imposes the most restrictive requirement shall
govern.
2.
Whenever there is a difference between a minimum standard or dimension
specified in these subdivision regulations and those contained in
another official regulation, resolution or ordinance of the Township,
the highest standard shall apply. If a question of conflict arises
between various portions of these subdivision regulations, the most
restrictive term shall apply.
[Ord. 418, 1/29/2014]
1.
No land development or subdivision of any lot, tract or parcel of
land shall be made or approved, no lot in a subdivision shall be sold,
no permit to grade, erect, alter, repair or occupy any land, building,
or structure shall be issued, and no street, sanitary sewer, storm
sewer, water main or other improvements in connection therewith shall
be laid out, constructed, opened or dedicated for public use or travel,
or for the common use of occupancy of buildings abutting thereon,
except in accordance with the provisions of this chapter and all other
provisions of the Township of North Fayette Code of Ordinances and
other Township ordinances, resolutions and regulations, and all other
applicable federal, state and county laws, regulations and ordinances.
2.
No grading, construction or site development activity shall be undertaken, nor shall any grading, building, occupancy or other permit shall be issued until an applicant shall apply for, obtain and comply with all necessary federal, state, county and Township permits, including, but not limited to, any highway occupancy permits and traffic signal permits required by Chapter 21 of the Township of North Fayette Code of Ordinances, "Streets and Sidewalks," the County of Allegheny under its applicable regulations and the Pennsylvania Department of Transportation, under the State Highway Law, 63 P.S. § 67-420, as amended, the Department of Transportation's regulations or otherwise.
