A.
Required fees; payment from escrow.
[Amended 2-14-1989 by Ord. No. 390, approved 2-14-1989]
(1)
Each landowner and/or developer shall pay to the Borough reasonable
engineering fees, legal fees and fees for other professional services
incurred by the Borough incidental to the approval of each subdivision
and/or land development or section thereof. Each landowner and/or
developer shall also pay for engineering fees and legal fees required
by the Borough which may arise by reason of the approval of such plan
of each subdivision and/or land development, or section thereof, including
the cost of legal services and engineering services and other professional
services incidental to the final acceptance by the Borough of the
streets laid out on the subdivision, including advertising and costs,
as well as all costs of inspections by Borough employees not otherwise
covered by permit fees. At the time of the application, the amount
of all anticipated engineering fees, legal fees and other professional
fees shall be estimated by the Borough Secretary and shall be placed
in escrow with the Borough prior to the processing of said application.
In the event that the estimated amount is insufficient to cover the
cost, the landowner and/or development shall pay the balance due upon
presentation of an invoice by the Borough Secretary. In the event
that the amount placed in escrow is greater than the costs incurred
by the Borough, the balance shall be refunded by the Borough Secretary
within a reasonable time subsequent to final approval or rejection.
(2)
The engineering, legal fees and other fees for professional services
required to be paid by this article shall be promptly paid from the
escrow fund to the Borough by the landowner and/or developer, upon
the submission of bills thereof to the landowner and/or developer
by the Borough from time to time, as such fees are billed to the Borough
by the engineer or solicitor or other professional as determined by
the Borough or as determined by the Borough in the case of Borough
employees. In the event that the escrow fund is exhausted and additional
bills are submitted to the landowner and/or developer which remain
unpaid after 30 days, the building permit issued shall be revoked.
B.
Each landowner and/or developer seeking approval of any preliminary
or final subdivision and/or land development plan shall pay at the
time of filing said plan and application fee of $500. In addition,
in the event that there are in excess of five lots in any subdivision
plan, a fee of $50 per lot shall be charged. In the case of a land
development plan, an additional $50 shall be charged as a fee for
each 1/2 acre or fraction thereof in excess of three acres.
[Amended 2-14-1989 by Ord. No. 390, approved 2-14-1989]
C.
To the engineering and legal fees required to be paid to the Borough
by this article, there shall be added the sum of 3% which the owner
shall pay to the Borough as reimbursement to the Borough of the costs
incurred by the Borough for the collection of such fees and the disbursement
of the same to the Borough Engineer and Borough Solicitor.
D.
A deposit in the amount of $25 per lot shall be required at the time
of submission of the preliminary plans in order to cover engineering
and legal fees incurred during review and approval of subdivision
or land development plans. Periodic billings shall be made based upon
the actual cost of review, and these bills must be paid within 30
days of submittal. No final approval of any plan shall be given until
all necessary fees have been paid in full. In the event that any bill
for engineering, legal or other services is rendered and not paid
within 30 days, whether before or after the final approval of a subdivision,
interest shall be added to said bill at the rate of 1.5% per month.
E.
There shall also be paid to the Borough a sum to be used as a contribution
toward the cost of outfall stormwater sewers and sanitary sewers and
appurtenances in said Borough. Said contribution shall be calculated
on the following alternative basis at the election of the Borough:
(1)
For storm sewers:
A.
Conditions. The Borough shall have no obligation to take over and
make public any street or other improvement unless:
B.
Acceptance. The Borough 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 an ordinance adopted by the Borough Council.
C.
Guaranty. The applicants 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 at his own expense and to the satisfaction of the
Borough Engineer, when notified in writing to do so by the Borough
Engineer; and, in order to secure the guaranty as herein required,
the Borough shall be assured by means of a proper financial security
not exceeding 15% of the actual cost of installation of said improvements
to be posted by the owner with the Borough.
[Amended 5-27-1986 by Ord. No. 375, approved 5-27-86]
[Amended 12-30-1980 by Ord. No. 344]
Any person, partnership or corporation being the owner or agent
of the owner of any lot, tract, parcel, building(s) or land who 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, without having
prepared a final plat in full compliance with the provisions of this
chapter, and said plan has not been recorded as provided herein, shall
be guilty of a summary offense, and, upon conviction thereof, such
person, or the members of such partnership or the officers of such
corporation, or the agent of any of them, responsible for such violation
shall pay a fine not exceeding $500 per lot, parcel, building or dwelling.
All fines collected for such violations shall be paid over to the
Borough of West Conshohocken. 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.
