All provisions of this chapter shall be administered by the Board of Commissioners or its officially designated representatives. All matters relating to this chapter shall be submitted to the Township of Lower Merion Director of Building and Planning who will handle the matter in accordance with the current Township of Lower Merion policies, procedures and guidelines established by the Board of Commissioners.
The developer shall pay fees and costs to the Township as set forth in Chapter A167 Fees, as adopted and amended from time to time by the Board of Commissioners.
A. 
Professional consultants' fees. The applicant will be required to deposit sums with the Township, to be held in escrow until released for the payment of the Township's consultant fees, including the fees of the Township Solicitor, land planners, traffic consultants, landscape architects and all other professional consultants whose services are engaged with respect to reviewing plans, resolving issues and preparation of documents in conjunction with an application. Moneys escrowed for this purpose may be combined with sums escrowed for the payment of the Township Engineer's fees and costs.
B. 
If the funds available for the payment of those fees and costs required by this article are or become inadequate to pay those fees and costs anticipated or incurred, the Township will send notice to the applicant to make an additional deposit. Until that deposit is made, permits for any work on the project may be withheld. If the deposit is not made within 20 days of the request therefor, any permits issued for work on the site may be suspended and site improvement escrow releases may be withheld. Any funds held in escrow on behalf of site improvements may be applied to the payment of costs and fees incurred or anticipated, at the discretion of the Director of Building and Planning.
C. 
Escrow accounts for fees to conduct the necessary inspection and review services provided by the Township of Lower Merion during the construction of improvements approved in the final plan shall be established in accordance with Article VII, Improvement Construction Requirements.
D. 
Disputes. In the event the applicant disputes the amount of any such review fee, the fee dispute process established in the Pennsylvania Municipalities Planning Code shall be followed.
A. 
Violations and penalties.
(1) 
Any person or partnership or corporation who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon or who sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by other use of a plat of such subdivision or land development or erect any building thereon, unless and until a final plat has been prepared in full compliance with the provisions of this chapter and of the regulations adopted hereunder and has been recorded as provided herein, or who shall violate any other provision of this chapter, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, be subject to a fine or penalty of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. All fines collected for such violations shall be paid over to the Township. The description by metes and bounds in the instrument of transfer or other document 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) 
Any person, partnership or corporation who or which violates any provision of this chapter not referred to in Subsection A(1) above shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, be subject to a fine or penalty not exceeding $500, plus all court costs, including the reasonable attorney fees incurred by the Township as a result thereof, to be collected as fines or penalties are collected.
(3) 
No judgment shall commence or be imposed, levied or be payable until the date of determination of a violation by the District Justice.
(4) 
If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
(5) 
Each day that a violation continues shall constitute a separate violation, unless the District Justice 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 District Justice and thereafter each day that a violation continues shall constitute a separate violation.
B. 
Remedies.
(1) 
In addition to the fines or penalties under § 135-9.3A, the Board of Commissioners may refuse to issue any permit or grant any approval necessary to further improve any real property which has been developed or has resulted in violation to this chapter. The Township may enforce the requirements or conditions imposed upon any subdivision or land development by injunctive proceeding. Any such requirements or conditions shall be binding on the developer and his successors and assigns, including a tenant or mortgagee acquiring an interest in a portion of or all of the subdivision or land development before or after the imposition of the requirements or conditions.
(2) 
In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, to correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building.