Township of Horsham, PA Article VIII Fees and Conditions of Acceptance

§ 198-57 Fees, costs and guarantee.

The landowner shall be required to pay the fees and costs as established by resolution adopted by Council, and to furnish a performance guarantee when required by the Township, including, but not limited to, a written development agreement to be recorded in the office of the Recorder of Deeds of Montgomery County.

A. A deposit of a fee and escrow fund shall be required at the time of submission of the preliminary plans in order to cover engineering, legal, and other out-of-pocket expenses incurred during review and approval of subdivision or land development plans. Such fee and escrow fund shall be in accordance with a schedule of fees as may be amended from time to time by Township Council. Final approval of such plan shall not be given until all necessary fees are paid in full.

B. The owner shall pay to the Township reasonable engineering fees incurred by the Township for the services of the Township Engineer, Landscape Architect, and Lighting Consultant, incidental to the examination and other work incidental to the approval of each subdivision or development, or section thereof; in addition, he shall also pay to the Township reasonable legal fees incurred by the Township for legal services incidental to the preliminary approval of such plans of each subdivision or development, or section thereof, the final approval thereof, and the drafting of the contract and the bonds required by this chapter. The owner shall also pay for engineering and legal services required by the Township which may arise by reason of the approval of such plans of each subdivision or development, or section thereof, including the cost of legal services and engineering services incidental to the final acceptance by the Township of the streets laid out on the subdivision, including advertising and other costs, as well as all costs of inspections by Township employees or representatives thereof, not otherwise covered by permit fees.

C. The engineering, legal fees, and other fees required to be paid by this article shall be promptly paid to the Township by the owner, upon the submission of bills thereof to the owner by the Township from time to time, as such fees are billed to the Township by its appointed consultants or as determined by the Township in the case of Township employees. Failure to promptly pay any such fee shall result in revocation of the building permit. In the event that any bills for engineering, legal, or other services rendered are not paid within 30 days, whether before or after the final approval of a subdivision or land development, interest shall be added to said bill at the rate of 1.5% per month, or such other rate as determined by resolution of the Township Council.

D. To the engineering, legal, and other fees required to be paid to the Township by this article, there shall be added an appropriate administration fee determined by the Township, which the owner shall pay to the Township for the collection of such fees and expenses incidental to the plan review or development of the land in question.

E. There shall be paid to the Township a sum to assist in the financing of specified major transportation capacity improvements in designated transportation district subareas; the demand for such is uniquely created by development, is in the best interest of the Township and its residents, is equitable, and does not impose an unfair burden on development. Such fees shall be as stated in Chapter 122, Impact Fees, as amended, of the Code of Horsham Township, which is based on Pennsylvania Act 209, and shall be imposed on residential and nonresidential developments.

F. There shall be paid to the Township a sum to be used as a contribution toward the cost of outfall stormwater sewers and appurtenances in the said Township. Said contributions shall be calculated on the following alternative basis at the election of the Township:

(1) One dollar per linear foot of proposed new roads and existing roads abutting the tract; or

(2) One hundred dollars per developable acre in the subdivision or development; or

(3) Total cost of all drainage projects directly caused by the proposed subdivision.

G. There shall also be paid to the Township a sum to be used as a contribution toward the acquisition, development, and capital improvement of park lands throughout the Township. Said contribution shall be calculated on the basis of the total floor area of all floors, including storage areas in any new building, including additions. Said contribution shall be calculated as follows:

(1) For all residential subdivisions and developments, the sum of $350 per dwelling unit.

(2) For commercial and industrial subdivisions and developments, the sum of $0.50 per square foot of total floor area.

(3) The contribution set forth in Subsection G(1) and (2), above, may be waived, in Council's discretion, in lieu of a dedication to the Township of land located in the Township of comparable value.

§ 198-58 Conditions of acceptance.

A. Conditions. The Township shall have no obligation to take over and make public any street or other improvement unless:

(1) The required improvements, utilities, water and sewer mains and laterals, and monuments shown on an approved plan or plans have been constructed to all requirements of this chapter. As-constructed plans, prepared by a professional land surveyor licensed in the state of Pennsylvania, verifying the adequacy of constructed facilities, shall be submitted for all facilities proposed for dedication to Horsham Township or other governing authority.

(2) It is established to the satisfaction of the governing body that there is a need for the improvements to be taken over and made public.

B. Acceptance. The Township shall have no responsibility with respect to any street or other improvement, notwithstanding the use of the same by the public, unless the street or other improvement is accepted by ordinance or resolution of the governing body.

C. Guarantee. The landowner will guarantee, for a period of 18 months from the date of the resolution accepting dedication, to maintain the stability of all materials and work, to promptly make good and replace all poor or inferior materials and work and to remedy all defects in materials or workmanship, all shrinkage, settlement, or other faults of any kind whatsoever arising therefrom necessary for the structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan. Landowner shall do so at his own expense and to the satisfaction of the Township Engineer, and, in order to secure the guarantee as herein required, the Township shall be assured by means of a proper financial security in the amount of 15% of the actual cost of installation of said improvements to be posted by the landowner with the Township.