All applications submitted for approval of a subdivision or
land development shall be subject to the following fees:
A.
Application filing fees. A schedule of application filing fees shall
be established, from time to time, by resolution of the Board of Supervisors.
The application filing fees shall cover the administrative costs associated
with processing an application for approval of a subdivision or land
development and shall be payable to the Township at the time of submission
of the application.
B.
Application review fees.
(1)
Application review fees shall include reasonable and necessary charges
by the Township's professional consultants or the Township Engineer
for completeness reviews and compliance reviews and reports on the
application to the Township. Such review fees shall be reasonable
and in accordance with the ordinary and customary charges by the Township
Engineer or other professional consultants for similar service in
the Township, but in no event shall the fees exceed the rate or cost
charged by the Township Engineer or other professional consultants
to the Township when fees are not reimbursed or otherwise imposed
on applicants. Fees charged to the Township relating to the appeal
of any decision on an application shall not be considered review fees
and shall not be charged to the applicant.
(2)
The Board of Supervisors shall submit to the applicant an itemized
bill showing work performed, identifying the person performing the
services and the time and date spent for each task. Nothing in this
subsection shall prohibit interim itemized billing or Township escrow
or other security requirements. In the event that the applicant disputes
the amount of any such review fees, the applicant shall, no later
than 45 days after the date of transmittal of the bill to the applicant,
notify the Township and the Township's professional consultant
that such fees are disputed and shall explain the basis of their objections
to the fees charged, in which case the Township shall not delay or
disapprove a subdivision or land development application due to the
applicant's dispute over fees. Failure of the applicant to dispute
a bill within 45 days shall be a waiver of the applicant's right
to arbitration of that bill under this subsection.
(3)
In the event that the Township's professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution for inspection fees set forth in Subsection C of this section, provided the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
(4)
Subsequent to a decision on an application, the Board of Supervisors
shall submit to the applicant an itemized bill for review fees, specifically
designated as a final bill. The final bill shall include all review
fees incurred at least through the date of the decision on the application.
If for any reason additional review is required subsequent to the
decision, including inspections and other work to satisfy the conditions
of the approval, the review fees shall be charged to the applicant
as a supplement to the final bill.
C.
Inspection fees.
(1)
The applicant shall reimburse the Township for the reasonable and
necessary expense incurred for the inspection of improvements. Such
reimbursement shall be based upon a schedule established, from time
to time, by resolution of the Board of Supervisors. The applicant
shall not be required to reimburse the Township for any inspection
which is duplicative of inspections conducted by other governmental
agencies or public utilities. The burden of proving that any inspection
is duplicative shall be upon the objecting applicant. Such reimbursement
shall be reasonable and in accordance with the ordinary and customary
fees charged by the Township's professional consultant for work
performed for similar services in the community, but in no event shall
the fees exceed the rate or cost charged by the Township's professional
consultant to the Township for comparable services when fees are not
reimbursed or otherwise imposed on applicants.
(2)
An inspection fee escrow deposit in an amount established, from time to time, by resolution of the Board of Supervisors shall be payable at the time of execution of the development agreement required by § 206-29 of this chapter to guarantee payment of the estimated inspection fees required by this subsection. The actual amount of the inspection fees in excess of the escrow deposit shall be payable within 10 days of billing by the Township. Any monies remaining in the escrow account after all inspection fees have been paid shall be returned to the applicant. Failure to pay the required escrow deposit or any additional inspection fees required by this subsection shall cause the Township to defer the applicant's request for acceptance of the public improvements for which the inspection fees are required until such time as the required fees are paid in full.
(3)
The Board of Supervisors shall submit to the applicant an itemized
bill showing the work performed in connection with the inspection
of improvements performed, identifying the person performing the services
and the time and date spent for each task.
(4)
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
no later than 30 days after the date of transmittal of a bill for
inspection services, notify the Township and the Township's professional
consultant that such inspection expenses are disputed as unreasonable
or unnecessary and shall explain the basis of their objections to
the fees charged, in which case the Township shall not delay or disapprove
a request for release of the performance bond, a subdivision or land
development application or any approval or permit related to development
due to the applicant's dispute of inspection expenses. Failure
of the applicant to dispute a bill within 30 days shall be a waiver
of the applicant's right to arbitration of that bill under this
subsection.
(5)
Subsequent to the final release of the performance bond for completion
of improvements for a subdivision or land development or any phase
thereof, the professional consultant shall submit to the Board of
Supervisors a bill for inspection services, specifically designated
as a final bill. The final bill shall include inspection fees incurred
through the release of the performance bond.
(6)
If the Township's professional consultant and the applicant
cannot agree on the amount of expenses which are reasonable and necessary,
then the applicant shall have the right, within 45 days of the transmittal
of the final bill or supplement to the final bill to the applicant,
to request the appointment of another professional consultant to serve
as an arbitrator. The applicant and professional consultant whose
fees are being challenged shall, by mutual agreement, appoint another
professional consultant to review any bills the applicant has disputed
and which remain unresolved and make a determination as to the amount
thereof which is reasonable and necessary. The arbitrator shall be
of the same profession as the professional consultant whose fees are
being challenged.
(7)
The arbitrator so appointed shall hear such evidence and review such
documentation as the arbitrator, in his or her sole opinion, deems
necessary and shall render a decision no later than 50 days after
the date of appointment. Based on the decision of the arbitrator,
the applicant or the professional consultant whose fees were challenged
shall be required to pay any amounts necessary to implement the decision
within 60 days. In the event that the Township has paid the professional
consultant an amount in excess of the amount determined to be reasonable
and necessary, the professional consultant shall, within 60 days,
reimburse the excess payment.
(8)
In the event that the Township's professional consultant and
applicant cannot agree upon the arbitrator to be appointed within
20 days of the request for appointment of an arbitrator, then, upon
application of either party, the President Judge of the Court of Common
Pleas of the judicial district in which the Township is located, or,
if at the time there be no President Judge, then the senior active
judge then sitting, shall appoint such arbitrator, who, in that case,
shall be neither the Township's professional consultant nor any
professional consultant who has been retained by, or performed services
for, the Township or the applicant within the preceding five years.
(9)
The fee of the arbitrator shall be paid by the applicant if the review
fee charged is sustained by the arbitrator; otherwise, it shall be
divided equally between the parties. If the disputed fees are found
to be excessive by more than $5,000, the arbitrator shall have the
discretion to assess the arbitration fee, in whole or in part, against
either the applicant or the professional consultant. The Board of
Supervisors and the professional consultant whose fees are the subject
of the dispute shall be parties to the proceedings.
The Board of Supervisors may, from time to time, amend this
chapter in accordance with the following provisions:
A.
Planning Commission review. In the case of amendments other than
those prepared by the Township Planning Commission, the Board of Supervisors
shall submit the proposed amendment to the Planning Commission for
recommendation at least 30 days prior to the date fixed for the public
hearing on the proposed amendment.
B.
County Planning Commission review. The proposed amendment shall be
submitted to the Washington County Planning Commission for review
and recommendation at least 30 days prior to the public hearing on
the amendment.
C.
Public hearing. Amendments to this chapter shall become effective
only after a public hearing conducted by the Board of Supervisors
is held pursuant to public notice, as defined herein.
D.
Publication, advertisement and availability of ordinance.
(1)
Proposed amendments shall not be enacted unless public notice, as
defined herein, of the proposed enactment is given, including the
time and place of the meeting at which passage will be considered
and a reference to a place within the Township where copies of the
proposed amendment may be examined without charge or obtained for
a charge not greater than the cost thereof.
(2)
The Board of Supervisors shall publish the proposed amendment once
in one newspaper of general circulation in the Township not more than
60 nor less than seven days prior to passage. Publication of the proposed
amendment shall include either the full text thereof or the title
and a brief summary prepared by the Township Solicitor and setting
forth all the provisions in reasonable detail. If the full text is
not included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time the public notice is published.
(b)
An attested copy of the proposed amendment shall be filed in
the County Law Library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(c)
In the event substantial amendments are made in the proposed
amendment, before voting upon enactment, the Board of Supervisors
shall, at least 10 days prior to enactment, readvertise in one newspaper
of general circulation in the Township a brief summary setting forth
all the provisions in reasonable detail, together with a summary of
the amendments.
(d)
Subdivision and land development amendments may be incorporated
into official ordinance books by reference with the same force and
effect as if duly recorded herein.
E.
Filing after enactment. Within 30 days after adoption, the Board
of Supervisors shall forward a certified copy of the amendment to
the Washington County Planning Commission.
Any party aggrieved by the decision of the Board of Supervisors
regarding a subdivision or land development plan may appeal such decision
within 30 days of the date of entry of the decision of the Board of
Supervisors to the Washington County Court of Common Pleas.
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 exempt 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 this chapter. The authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
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.
(3)
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.
(4)
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.
C.
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 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.
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 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 Magisterial District Judge.
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 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
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 Magisterial District Judge, 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 judgment 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.
Whenever there is a difference between a minimum standard or
dimension specified in this chapter and those contained in another
official regulation, resolution or ordinance of the Township or any
other restriction or covenant, the most restrictive standard shall
apply. If a question of conflict arises between various portions of
this chapter, the most restrictive term shall apply.
