Township of Upper Hanover, PA Article VIII Administration; Fees; Penalties

§ 425-800 General administration.

The Board of Supervisors or its officially designated representatives shall administer all provisions of this chapter. All matters relating to this chapter shall be submitted to the Township Secretary, who shall handle the matter in accordance with current Township policies, procedures and guidelines established by the Board of Supervisors.

§ 425-801 Records.

The Township shall keep a public record of its correspondence, findings, recommendations and actions relating to plans filed for review, in accordance with the policies, procedures and guidelines established by the Board of Supervisors.

§ 425-802 Fees and costs.

A. No application for preliminary or final plan approval shall be considered as submitted until the fees and/or escrow deposit, as set forth below, shall have been paid.

B. The Board of Supervisors 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 Supervisors shall adopt and amend by resolution 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) The applicant shall pay any costs incurred by the Township in excess of the escrowed amount prior to the granting of approvals or permits.

(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 in reviewing and/or preparing documents related to the plan reviews.

§ 425-803 Violations and penalties.

A. 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.

B. 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.

C. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.

D. 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 the 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.

E. All fines collected for such violations shall be paid to the Township.