Township of Lower Providence, PA Administration

§ 123-73 Administrative agency.

All provisions of this Part 1 shall be administered by the Board of Supervisors or by a Township official designated by the Board. All plans, applications, correspondence, complaints, requests for variances or amendments or appeals shall be delivered to the Township Building and submitted through the Township Manager.

§ 123-74 Records.

The Township shall keep a record of its correspondence, recommendations, findings and actions relating to all plans filed with it for review. All such records shall be public records. For filing purposes, the Township shall assign an application number to all applications for subdivisions and land developments, and all records on an application shall be filed in accordance with the case number and the name of the applicant.

§ 123-75 Fees.

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

The Board of Supervisors shall adopt and amend, by resolution, a Township schedule of fees. The subdivider, developer or builder shall pay fees and costs to the Township as set forth in the Township schedule of fees,[1] for the following:

(1)

Preliminary plan: the Township filing fee and the Montgomery County Planning Commission Act 247 review fee.

(2)

Final plan. Unless a preliminary plan has been filed, the fee established for preliminary plans will be charged for filing an improvement construction plan or a record plan. The subdivider, developer or builder will be required to submit an escrow deposit to reimburse the Township for actual expenditures resulting from those processes. The escrowed funds shall be used to reimburse the Township for the following:

(a)

Engineering services. The services of the Township Engineer as provided in these rules and regulations, including plan review and inspection; 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)

Dedication. Legal fees, advertising and other costs involved in the dedication of roads and public improvements to the Township.

(d)

The costs of the preparation of the escrow agreement shall be included as one of the costs to be paid by the developer.

(e)

Any costs incurred by the Township in excess of the amount held in escrow shall be fully reimbursed by the applicant prior to the issuance of any permits.

(3)

Following final plan approval and recording and the establishment of any required performance guaranty, a second escrow deposit shall be established to cover the cost of the following, prior to the acceptance of improvements by the Township:

(a)

Inspections of improvements construction.

(b)

Materials on site testing.

(c)

Maintenance costs, e.g., snow removal.

(d)

Any costs incurred by the Township in excess of the amount held in escrow shall be fully reimbursed by the applicant.

[1]

Editor's Note: The current fee schedule is available for examination in the office of the Code Enforcement Officer. See also Ch. 67, Building Construction.

§ 123-76 Violations and penalties.

[Amended 8-10-1992 by Ord. No. 384]

Any person, partnership or corporation who or which has violated the provisions of this Part 1 shall, upon being found liable therefore in a civil enforcement proceeding commenced by Lower Providence 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 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 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 this 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.

§ 123-77 Modifications.

If any mandatory provisions of this Part 1 are shown by the applicant, to the satisfaction of the Board, to be unreasonable and to cause undue hardship as they apply to his proposed subdivision, the Board may grant a modification to such applicant from such mandatory provisions, so that substantial justice may be done and the public interest secured, provided that such modifications will not have the effect of nullifying the intent and purpose of this Part 1.

In granting modifications, the Board may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified.