[Amended 3-18-1986 by Ord. No. 67-3; 4-4-1989 by Ord. No.
109; 2-20-1996 by Ord. No. 176]
The subdivider shall be required to furnish
a bond and to pay the following fees and costs:
B.
Preliminary plan.
(1)
For all subdivisions consisting of five or fewer parcels
or tracts of land, a fee in an amount set by resolution of the Board
of Supervisors shall be submitted with the plans.
(2)
For all subdivisions consisting of six or more but
not exceeding 10 parcels or tracts of land, a fee in an amount set
by resolution of the Board of Supervisors shall be submitted with
the plans.
(3)
For all other subdivision plans, including but not
limited to lots in excess of 10 parcels or tracts of land, condominiums/townhouses
and/or apartments, and all other general land development plans, a
fee in an amount set by resolution of the Board of Supervisors shall
be submitted with the plans.
(4)
The Township shall maintain a record of all costs,
including but not limited to engineering, legal, planning, administration
and advertising incurred for the processing of said subdivisions in
excess of five parcels or tracts of land and all other subdivisions
for condominiums/townhouses and general land development plans. A
condition for final approval of said plan shall be an accounting of
said costs expended by the Township. Should the accounting establish
a cost less than the fee paid the Township by the applicant, the Township
shall remit to the applicant the difference between the amount of
fee paid and the actual cost of processing said application. Should
the accounting establish a cost in excess of the fee paid, the applicant,
prior to final approval, shall pay to the Township the difference
between the actual cost expended by the Township in processing the
application and the amount of fee paid.
[Amended 3-21-2000 by Ord. No. 208]
C.
Final plan. 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 the preliminary
plan will be charged. No final plan shall be approved unless all fees
have been paid in full, to guarantee the payment of the following:
[Amended 4-4-1989 by Ord. No. 109; 5-10-2007 by Ord. No.
274]
(1)
Engineering services: the services of the Township
Engineer or designee, as provided in these rules and regulations,
and, in addition, all costs for other engineering and professional
certifications as are deemed necessary.
(2)
Material and facilities tests: the actual cost of
all drainage, water and/or material tests.
(3)
Inspection: two times the payroll plus expenses for
each hour or portion thereof that the Township Code Enforcement Officer
is engaged in the work.
(4)
Dedication: legal fees, advertising and other costs
involved in the dedication of streets and public improvements to the
Township.
(5)
Street, sewer and utility construction.
A.
Conditions. The Township shall have no obligation
to take over and make public any street or other improvement unless:
(1)
The required improvements, utility mains and laterals
and monuments, shown on an approved plan or plans, have been constructed
to all requirements and specifications.
(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 and all shrinkage,
settlement or other faults of any kind whatsoever arising therefrom,
at his own expense and to the satisfaction of the Township Engineer
or designee, 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.
A.
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 improvement 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 who shall 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 guilty
of a misdemeanor, 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 $1,000 per lot or parcel or per dwelling within
each lot or parcel. All fines collected for such violations shall
be paid over to the Township. 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]
B.
Any person, partnership or corporation who or which
has violated or permitted the violation of this subdivision and land
development chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, pay a judgment of
not more than $1,000 plus all court costs, including reasonable attorney
fees incurred by the Township as a result thereof. Each day that the
violation continues shall constitute a separate violation.
[Amended 5-10-2007 by Ord. No. 274]
