[Amended 3-6-2006 by Ord. No. 391]
Filing fees shall be paid to the Township at
the time that subdivision and land development applications are filed.
Applications are not considered filed until all fees are paid in full
and a completed application (including all requisite number of plans)
has been submitted. Filing fee shall be established by a resolution
of the Board of Commissioners and the Montgomery County Planning Commission
and amended from time to time.
A.
County review fee: a fee charged by the county that
will cover the costs of review by Montgomery County Planning Commission
and established from time to time by the Montgomery County Commissioners.
This fee must be paid at the time of filing.
B.
Township review fee: The applicant shall pay a Township
review fee to the Township for the Township's professional consultants’
review of subdivision and land development plans. Such review fees
shall be based upon a schedule established by resolution, which shall
be reasonable and in accordance with the ordinary customary charges
of the Township Engineer or other professional consultants and/or
attorneys for similar services in the community but in no event shall
the fee exceed the rate or cost charged by the engineer or attorney
to the municipality when fees are not reimbursed or otherwise imposed
on the applicant.
C.
Inspection fees, enqineering services, testing and dedication: The applicant shall pay and/or reimburse to the Township all engineering and inspection fees associated with the review of construction of subdivisions and land developments within the Township. In addition, the applicant shall pay and/or reimburse the Township for all professional consultant fees associated with the dedication of roads and other public improvements within the Township and be responsible for advertising fees and the actual costs of any required testing, including, but not limited to, drainage, water and/or material testing. The amount of the hourly rate for these fees shall be governed by the requirements of Subsection B above and shall be established by resolution of the Township from time to time.
D.
Resolution of disputes involving fees. In the event the applicant disputes any of the fees set forth in Subsections B and C above, the procedure for such dispute shall be governed by Sections 503 and 510 of the Pennsylvania Municipalities Planning Code, which sections are incorporated herein by reference.
A.
Conditions. The Township shall have no obligation
to accept dedication of any road or other improvement unless:
B.
Acceptance. The Township shall have no responsibility
with respect to any road or other improvement, notwithstanding the
use of the same by the public, unless the road or other improvement
is accepted by an ordinance or resolution adopted by the Township
Board of Commissioners.
C.
Guarantee. The applicant shall guarantee, for a period
of 18 months from the date of the ordinance or resolution accepting
dedication, the stability of all materials and work to remedy all
defects in materials or workmanship, all shrinkage, settlement or
other faults of any kind whatsoever arising therefrom, at his own
expense and to the satisfaction of the Township Engineer, when notified
in writing to do so by the Township. In order to secure the guarantee
as herein required, the Township shall be assured by means of a proper
guarantee in the form of a maintenance bond, with surety satisfactory
to the Township, or the deposit of funds or securities in escrow or
other security satisfactory to the Township in an amount equal to
15% of the actual cost of the installation of said improvements, including
contingencies, engineering and inspections.
[Amended 3-6-2006 by Ord. No. 391]
D.
As-built plans. The applicant shall submit as-built
plans to the Township within 30 days of the completion of all improvements.
[Added 3-6-2006 by Ord. No. 391]
(1)
As-built plan submittals shall consist of one set
of paper prints to the Township and one set to the Township Engineer.
After review and final approval, the applicant shall submit to both
the Township and the Township Engineer two sets of paper prints, one
reproducible Mylar and one electronic version of the same information
suitable for GIS application, and shall provide the Township Engineer
with the same information.
(2)
The following information shall be shown on the as-built
plans:
(a)
All improvements shall be shown.
(b)
Plan scale (same as approved final plans).
(c)
Streets, including right-of-way and cartway
widths, curbs, shoulders, horizontal and vertical curve data, metes
and bounds and grades.
(d)
Sidewalks and handicap ramps, including widths.
(e)
Driveway locations and widths.
(f)
Curb, including elevations at all changes in
direction.
(g)
Concrete monuments with elevations, and property
corner markers.
(h)
Storm sewer lines, inlets and manholes, including
inverts, top-of-grate elevations, pipe sizes, pipe materials, grades
and direction of flow, in both plan views and profiles.
(i)
Water mains with hydrants, valves and laterals,
including pipe sizes and pipe materials.
(j)
Sanitary sewer lines and manholes, including
lateral stationing and invert at main, lateral length, lateral invert
at trap, pipe sizes, pipe materials, grades and direction of flow
in both plan views and profiles.
(k)
Gas, electric, cable and telephone lines, including
pipe sizes, pipe materials, transformers and valves.
(l)
Detention basins, including berm width and elevation,
spillway width and elevation, inverts, pipe sizes, pipe materials
and pipe grades.
(m)
Street trees, including species and caliper.
(n)
Traffic signs, including legends.
(o)
Street lights, including manufacturer, model
number and type of lamp.
(p)
Street addresses for each lot, including number
and street name.
(q)
Paving cross-sections.
(3)
As-built plans shall be signed and sealed by the responsible
professional engineer and/or professional land surveyor.
A.
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 except the seller or transferor from such penalties or from
the remedies herein provided.
B.
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 adopted pursuant to Article V of the Pennsylvania Municipalities Planning Code, as amended.[1]
(1)
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.
(2)
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 subdivision or 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.
[1]
Editor's Note: See 53 P.S. § 10501
et seq.
[Amended 11-26-1990 by Ord. No. 217]
A.
Any person, partnership, or corporation who or which
has violated the provisions of this chapter enacted under the Pennsylvania
Municipalities Planning Code, as amended, or prior enabling laws 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 District Justice. 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 District
Justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation
violating the ordinance 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.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
C.
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.
