[Amended 12-26-1990 by Ord. No. 90-12; 11-4-2020 by Ord. No. 2020-03]
All provisions of this chapter shall be administered by the
Board of Supervisors or its officially designated representatives.
All matters relating to this chapter shall be submitted to the Township
Secretary, who shall handle the matter in accordance with current
Township policies, procedures and guidelines established by the Board
of Supervisors.
The Township shall keep a public record of its correspondence,
findings, recommendations and actions relating to plans filed for
review, in accordance with the policies, procedures and guidelines
established by the Board of Supervisors and Planning Commission.
A.
No application for preliminary or final plan approval shall be considered
as submitted until the fees and/or escrow deposit, as set forth below,
shall have been paid.
B.
The Board of Supervisors shall adopt and amend by resolution a schedule
of fees, payable by the applicant to the Township, for the filing
of preliminary and final plans.
C.
The Board of Supervisors shall adopt and amend by resolution a schedule
of escrow deposits and fees to be paid by the applicant to the Township
at the time of filing of an application, sufficient to pay all Township
expenditures anticipated in the course of its review and disposition
of plans. The applicant shall execute and submit with its application
a contract for professional services to be provided by the Township
to the applicant setting forth the terms and conditions of the use
of the escrow deposit established by the applicant.
(1)
Costs incurred by the Township in excess of the escrowed amount shall
be paid by the applicant prior to the granting of approvals or permits.
(2)
If costs incurred by the Township are less than the escrowed amount,
the difference shall be refunded to the applicant following disposition
of the plans.
D.
Township expenditures subject to escrow as in Subsection C above include but are not limited to the following:
(1)
Engineering and other technical services such as plan review and
construction inspections performed by engineers, traffic engineers,
landscape architects, geologists, planners, and other professionals
during the plan review.
(2)
Materials and facilities tests.
(3)
Services of the Township Solicitor in reviewing and/or preparing
documents related to the plan reviews, plan approval and recording
final plans.
(4)
Actual costs of recording.
(5)
An administration charge of 15% of the total costs described in the
previous four subsections.
A.
Preventative remedies.
(1)
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, to correct or
abate violations, to prevent unlawful construction, to recover damages
and to prevent illegal occupancy of a building, structure or premises.
(2)
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 to this chapter. As an additional condition for the issuance
of any such permit or approval, the Township may require compliance
with the conditions that would have been applicable to the property
at which time the applicant acquired an interest in such real property.
B.
Enforcement remedies. Any person, partnership, or corporation who
or which has violated the provisions of this chapter shall, upon being
found liable therefore in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $500 plus all court
costs, including the reasonable attorney fees incurred by the Township
as a result thereof. If timely appealed, no judgment shall commence
or be imposed, levied, or be 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 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 district justice and thereafter
each day that a violation continues shall constitute a separate violation.
All fines collected for such violations shall be paid to the Township.
The Board of Supervisors may, from time to time, amend, supplement,
change, modify or repeal this chapter by proceeding in accordance
with the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All proposed amendments before adoption shall be referred to
the Township Planning Commission and the Montgomery County Planning
Commission at least 30 days prior to the public hearing, for recommendation
and report, which shall be advisory.
Should any section of this chapter be declared to be invalid
by a court of competent jurisdiction, such decision shall not affect
the validity of the chapter as a whole or any other part thereof.
All ordinances and parts of ordinances inconsistent herewith
are repealed upon the legally effective date of this chapter.
