Township of Lower Frederick, PA Article VII Administration, Fees and Penalties

§ 145-70 General administration.

All provisions of this chapter shall be administered by the Board of Supervisors or their 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.

§ 145-71 Records.

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.

§ 145-72 Fees and costs.

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 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.

(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.

(2) Materials and facilities tests.

(3) Services of the Township Solicitor in reviewing and/or preparing documents related to the plan reviews.

§ 145-73 Violations and penalties.

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 Lower Frederick Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by Lower Frederick 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 District Justice. If the defendant neither pays nor timely appeals the judgment, Lower Frederick 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 the 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 the violation continues shall constitute a separate violation. All fines collected for such violations shall be paid to the Township.