[Ord. 127, 8/20/1990, § 7.10]
(a)
The Township Supervisors shall establish by resolution a collection
procedure and Schedule of Fees to be paid by the subdivider at the
time of filing a Subdivision or Land Development Plan.
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The subdivider is also responsible for paying all costs of supervision
of installation of improvements in accordance with Section 604 of
this Chapter.
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(b)
The Schedule of Fees shall be obtainable in the office of the Township
Secretary.
(c)
No Final Plan shall be endorsed unless and until all fees and charges
have been paid in full.
[Ord. 261, 10/16/2006, § 1; as amended by Ord.
312, 8/20/2012, § LXX]
The applicant shall be responsible for payment of all Township
professional consultant review and inspection fees pursuant to the
Pennsylvania Municipalities Planning Code. The rates of such professional
consultants shall be established and set forth in the Township's
Fee Schedule Resolution, which may be amended from time to time. The
applicant's agreement to remit payment of such professional consultant
review and inspection fees shall be a requirement and condition of
all subdivision and land development approvals. Pursuant to Municipalities
Planning Code 53 P.S. § 10510(g) and this Chapter, the applicant
shall, within 45 days of receipt of any decision granting preliminary,
final or preliminary/final subdivision and/or land development approval,
reimburse the Township for all outstanding engineering, administrative,
legal and other professional consultant review fees associated with
the applicant's application and shall, within 30 days of receipt
of any subsequent invoices from the Township or its professional consultants,
remit payment to the Township for all reasonable engineering, administrative,
legal and other professional consultant review fees associated with
the applicant's subdivision and land development for the subject
property. Should the applicant wish to dispute any of the above-referenced
fees, it must notify the municipality and the municipality's
professional consultant no later than 30 days after the transmittal
of any bill for services (or as otherwise set forth in the Pennsylvania
Municipalities Planning Code), and shall identify with specificity
the basis for the objection to any charge for fees, cost, expense,
etc. The failure of the applicant to contest such fees within such
time period constitutes a waiver of the right to contest any such
fees charged. Should the applicant contest any fee, it shall nonetheless
remit payment of the disputed fees, without prejudice to its position
in disputing the same. The procedure set forth in Municipalities Planning
Code 53 P.S. § 10510(g)(2) through (5) shall then be utilized
to resolve all timely disputed fees. Any balance not paid within such
thirty-day period shall bear interest at the rate of 1 1/2% per
month.
[Ord. 261, 10/16/2006, § 1; as amended by Ord.
312, 8/20/2012, § LXXI]
(a)
The applicant shall, upon submission of an application, be required
to tender certain monies to be placed in an escrow fund to be applied
to satisfy professional consultants' review fees or other costs
incurred by the Township in reviewing said plans. The applicant shall
further be required, upon the Township's approval of a final
or preliminary/final subdivision and land development application,
be required to tender certain monies to be placed in an escrow fund
to be applied to satisfy professional consultants' inspection
fees or other costs incurred by the Township in reviewing said plans.
Such escrows shall be in an amount pursuant to the Township's
Fee Schedule Resolution, which may be amended from time to time.
(b)
Said monies shall be placed in an escrow fund at the time as set
forth above and shall be applied to fees as they are accrued and billed
to the Township. In the event that the actual costs for professional
and consultant review or inspection fees do not exhaust said escrow
fund, the balance thereof shall be refundable to the applicant. Said
funds shall be maintained by the applicant to insure payment of all
such fees, and in the event such escrow fund shall be reduced by payment
of such fees to an amount equal to or less than 20% of the original
escrow deposit, the applicant shall post additional monies, as may
be directed by the Township, to renew such fund, which additional
monies shall be tendered and paid to the Township within 10 days of
a written request by the Township. In the event that the applicant
falls to post said additional review and inspection fees monies as
directed by the Township, the Township may proceed by imposing a lien
for municipal claims, together with the imposition of attorneys'
fees, against the property, may withhold the release of any approved
subdivision and land development plans for recording until such time
as all outstanding professional consultant review fees are paid (except
to the extent successfully challenged, noting that the applicant is
required to submit payment for challenged fees as provided in § 702),
may withhold building or other permits if unchallenged professional
consultant inspection fees are not paid, or may take any other action
under the law. Any challenge to such professional consultant review
or Inspection fees by the applicant shall be pursuant to § 702
above.
[Ord. 261, 10/16/2006, § 1]
The applicant shall, in addition to the fees stated above, pay
to the Township all costs for inspection of utilities and/or improvements
for the subdivision/land development.
[Ord. 261, 10/16/2006, § 1]
The Township Board of Supervisors hereby reserves the right
and entitlement to revise, modify, adjust or change the schedule of
review fees, costs or expenses by Resolution of the Township Board
of Supervisors as may be deemed necessary from time to time.
[Ord. 127, 8/20/1990, § 7.20]
(a)
The Township Supervisors may grant a modification of the requirements
of one or more provisions of this Ordinance if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modifications will not
be contrary to the public interest and that the purpose and intent
of this Ordinance are observed.
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All requests for a modification shall be in writing and shall
accompany and be a part of the application for subdivision or development.
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The request shall state in full the grounds or provisions of
this Ordinance involved and the minimum modification necessary. The
request for modification may be referred to the Planning Commission
for advisory comments. The Supervisors shall keep a written record
of all action on all requests for modifications.
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In granting modifications, the Supervisors may impose such conditions
as will, in their judgment, secure substantially the objectives of
the standards or requirements so modified.
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(b)
No changes, erasures, modifications or revisions shall be made in
any plan of a subdivision or land development after approval has been
made by the Supervisors, unless the said plan is first resubmitted
to and approved by the Township Supervisors.
[Ord. 127, 8/20/1990, § 7.30]
[Ord. 127, 8/20/1990, § 7.41]
In addition to other remedies, the Township may institute and
maintain appropriate actions by law or in equity to restrain, correct
or abate violations, to prevent unlawful construction, to recover
damages and to prevent illegal occupancy of a building, structure
or premises. The description by metes and bounds in the instrument
of transfer or other documents used in the process of selling or transferring
shall not exempt the seller or transferror from such penalties or
from the remedies herein provided.
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 of this ordinance.
This authority to deny such a permit or approval shall apply
to any one of the following:
(a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such a vendee or lessee had actual or
constructive knowledge of the violation.
(c)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(d)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
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As an additional condition for issuance of a permit or the granting
of an approval to any such current owner, vendee or lessee for the
development of any such real property, the Township may require compliance
with the conditions that would have been applicable to the property
at the time the applicant acquired an interest in such real property.
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[Ord. 127, 8/20/1990, § 7.42]
Any person, partnership or corporation who or which has violated
the provisions of this Ordinance shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the 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 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 the Ordinance
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.
The Court of Common Pleas, upon petition, may grant an order
to stay, upon cause shown, tolling the per diem judgment pending a
final adjudication of the violation and judgment.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
[Ord. 127, 8/20/1990, § 7.43]
Upon conviction of such misdemeanor, such persons 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 shall be paid 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.
[Ord. 127, 8/20/1990, § 7.441]
The Township Supervisors may authorize a solicitor to appear
before a district justice to issue an appropriate order requiring
the defendant to remedy a violation which has continued subsequent
to an enforcement notice.
[Ord. 127, 8/20/1990, § 7.442]
In default of payment of such fine or upon failure to comply
with the order of the district justice, the supervisors may petition
the Court of Common Pleas for a contempt citation.
[Ord. 127, 8/20/1990, § 7.443]
In addition to these remedies, the Township may institute and
maintain appropriate actions by law or equity to restrain, correct
or abate violations, to prevent unlawful construction, to recover
damages and to prevent illegal occupancy of a building, structure
or premises.
[Ord. 127, 8/20/1990, § 7.444]
The Township Supervisors may institute and maintain appropriate
actions by law or in equity to set aside and invalidate any deed of
conveyance, sale or contract to sell real estate which has been divided
or developed in violation of this Ordinance.
[Ord. 127, 8/20/1990, § 7.45]
Nothing herein shall prevent the Township from taking such other
action necessary to prevent or remedy any violation.
[Ord. 127, 8/20/1990, § 7.50]
The Township Planning Commission and the Township Supervisors
shall keep a record of their findings, decisions, and recommendations
relative to all subdivision plans filed for review. Such records shall
be made available to the public for review.
[Ord. 127, 8/20/1990, § 7.60]
The subdivider shall be responsible for observing the procedures
established in this Ordinance and for submitting all plans and documents
as may be required.
[Ord. 127, 8/20/1990, § 7.70]
(a)
Whenever there is a difference between the minimum standards specified
herein and those included in other official Township regulations the
more stringent requirements shall apply and are not hereby repealed.
(b)
All existing Ordinances or parts of Ordinances which are contrary
to the provisions of this Ordinance are hereby repealed to the extent
necessary to give this Ordinance full force and effect, except as
noted in § 718(a).
[Amended by Ord. 312, 8/20/2012, § LXXII]
[Ord. 127, 8/20/1990, § 7.80]
(a)
The Township Supervisors may from time to time revise, modify, or
amend these regulations. At least 30 days prior to the hearing on
any amendment, the Township shall submit the proposed amendment to
the Berks County Planning Commission for recommendations. Within 30
days after adoption, the Township shall forward a certified copy of
any amendment to the Subdivision and Land Development Ordinance to
the Berks County Planning Commission.
(b)
Any revisions, modifications, or amendments to these regulations
shall be made in accordance with the procedures established by law.
[Ord. 127, 8/20/1990, § 7.90]
Should any article, section, subsection, paragraph, clause,
phrase, or provision of these Regulations be declared by a court of
competent jurisdiction to be invalid, such judgment shall not affect
the validity of the Regulations as a whole or any part or provision
thereof other than the part so declared to be invalid or unconstitutional.
