[Amended 6-13-1977 by Ord. No. 81; 6-20-1990 by Ord. No. 119; 8-21-1996 by Ord. No. 150]
A. 
A fee shall be set for each lot or dwelling unit appearing on the plan, as set forth on the Fee Schedule, as established by resolution of the Board of Supervisors from time to time.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Township offices.
B. 
Final plan.
(1) 
No fee will be charged for filing an improvement construction plan or a record plan, unless no preliminary plan has been filed, in which case the fees established for a preliminary plan will be charged. The subdivider, developer or builder will also be required to furnish a cash escrow, in an amount to be completed under Subsection B(2) below, but not less than $500, in order to guarantee the payment of:
(a) 
Engineering services. The services of the Township Engineer, as provided in these rules and regulations. In addition, all costs for other engineering and professional certification as deemed necessary.
(b) 
Material and facilities tests. The actual cost of all drainage, water and/or material tests.
(c) 
Inspections. A fee, as set forth in the Fee Schedule,[2] for each hour or portion thereof that the Township Building Inspector is engaged on the work.
[2]
Editor's Note: The Fee Schedule is on file in the Township offices.
(d) 
Dedications. Legal fees, advertising and other costs involved in the dedication of streets and public improvements to the Township.
(e) 
Legal services. The services of the Township Solicitor for legal services incidental to the preliminary and final approval of plans of each subdivision or development or section thereof, and specifically including but not limited to the review of all plans, correspondence and permits; the preparation of subdivision and escrow agreements, easements, covenants and deeds; the attendance at any meetings with the Supervisors, the Planning Commission, the Township Engineer, the developer or the developer's representatives in connection with the development; and any telephone conferences in connection with any of the above.
(2) 
Method of payment. The costs set forth in Subsections B(1)(a) through (e) above shall be estimated and escrowed at 10% of the total construction cost of the public improvements required to be built under the improvement construction plan of the final plans unless, in the judgment of the Township Engineer, a greater amount is necessary to secure the payment of the expenses which the Township is likely to incur in connection with the subdivision as described in Subsections B(1)(a) through (e) above. Such estimate shall be escrowed with the Township in cash, and the Township may draw upon the escrow as necessary to reimburse itself for the fees and costs set forth in Subsections B(1)(a) through (e) above. Simultaneously, with each such draw from the escrow of the Township, the Township shall send the developer an invoice (marked "paid") for the amount drawn specifying the particular fee, cost or expense for which the Township has drawn payment or reimbursement. The developer shall at no time permit the cash escrow required by this subsection to be reduced below an amount reasonably estimated by the Township Engineer to be necessary to reimburse the Township for the remaining fees, costs and expenses which the Township is reasonably likely to incur prior to the completion of the subdivision or land development. Within 10 days of the developer's receipt of notice from the Township that the balance of the escrow required by this subsection is deemed inadequate to cover the reasonable costs and expenses likely to be incurred by the Township, the developer shall post such additional moneys as have been specified in the notice. Subject to the dispute resolution procedure set forth in the Pennsylvania Municipalities Planning Code, as amended,[3] the refusal to post such moneys as shall be requested by the Township, shall be deemed a breach of the developer's obligations under the improvement agreement and shall entitle the Township to withhold any requested inspections or permits until such time as the escrow has been increased as requested by the Township.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Costs of processing subdivision and land development escrow accounts. The administrative costs of processing subdivision and land development escrow account release requests in accordance with Worcester Township Board of Supervisors Resolution 97-1[4] (as such resolution may be amended from time to time).
[Added 2-19-1997 by Ord. No. 156]
[4]
Editor's Note: Said resolution is on file in the Township offices.
A. 
Conditions. The Township shall have no obligation to take over and make public any street or other improvement unless:
(1) 
The requirement improvements, utility mains and laterals and monuments shown on an approved plan or plans have been constructed to all requirements.
(2) 
It is established to the satisfaction of the Township Supervisors 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 Township Supervisors.
C. 
Guaranty. The applicant shall guarantee, for a period of two years from the date of the ordinance accepting dedication, to maintain the stability of all materials and work and 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, at his own expense, and to the satisfaction of the Township Engineer, when notified in writing to do so by the Township Engineer; and, in order to secure the guaranty as herein required, the Township shall be assured by means of a proper guaranty in the form of a bond, with surety satisfactory to the Township, or the deposit of funds or securities in escrow in an amount equal to 5% of the completion guaranty posted by the owner with the Township.
[Amended 8-21-1996 by Ord. No. 150]
Any person, 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 otherwise, 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, shall be subject to a civil enforcement proceeding before a District Justice with jurisdiction over the Township; and if a judgment is entered against such person, the members of such partnership or the officers of such corporation or the agent of any of them, said person or persons shall pay a judgment not exceeding $500 per lot or parcel or per dwelling within each lot or parcel, plus all court costs, including reasonable attorneys' fees incurred by the municipality as a result thereof. All judgments collected for such violations shall be paid over to the municipality whose ordinance has been violated. This remedy is in addition to any other remedies or penalties provided by law. 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.[1]
[1]
Editor's Note: Former Article VIII, dealing with condominiums and condominium conversions, was deleted 8-21-1996 by Ord. No. 150.