[Ord. 2001-3, 12/10/2001, § 1101]
All applications submitted for approval of a subdivision or
land development shall be subject to the following fees.
A. Application Filing Fees. A schedule of application filing fees shall
be established, from time to time, by resolution of Township Supervisors.
The application filing fees shall cover the administrative costs associated
with processing an application for approval of a subdivision or land
development and shall be payable to the Township at the time of submission
of the application.
B. Application Review Fees.
(1)
An application review escrow deposit in an amount established
from time to time by resolution of Township Supervisors also shall
be payable at the time of submission of the application to guarantee
payment of the estimated application review fees required by this
subsection. The actual amount of the review fees in excess of the
escrow deposit shall be payable within 10 days of billing by the Township.
Any monies remaining in the escrow account after all review fees have
been paid shall be returned to the applicant.
(2)
Failure to pay the required escrow deposit or any additional
review fees required by this subsection shall cause the application
to be determined to be incomplete and the application shall not be
scheduled for review by the Planning Commission or Township Supervisors
until such fees are paid.
(3)
Application review fees shall include reasonable and necessary
charges by the Township's professional consultants or the Township
Engineer for review and report on the application to the Township.
Such review fees shall be based upon a schedule established from time
to time by resolution of Township Supervisors. Such review fees shall
be reasonable and in accordance with the ordinary and customary charges
by the Township Engineer or other professional consultants for similar
service in the community, but in no event shall the fees exceed the
rate or cost charged by the Township Engineer or other professional
consultants to the Township when fees are not reimbursed or otherwise
imposed on applicants.
(4)
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Chairman of the Township Supervisors that such fees are disputed,
in which case the Township shall not delay or disapprove a subdivision
or land development application due to the applicant's request
over disputed fees.
(5)
In the event that the Township and the applicant cannot agree
on the amount of review fees which are reasonable and necessary, then
the applicant and the Township shall follow the procedure for resolution
of disputes as set forth below in subsection (C) of this Section.
C. Inspection Fees.
(1)
The applicant shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection of improvements.
Such reimbursement shall be based upon a schedule established from
time to time by resolution of Township Supervisors. Such expense shall
be reasonable and in accordance with the ordinary and customary fees
charged by the Township Engineer or consultant for work performed
for similar services in the community, but in no event shall the fees
exceed the rate or cost charged by the Township Engineer or consultant
to the Township when fees are not reimbursed or otherwise imposed
on applicant.
(2)
An inspection fee escrow deposit in an amount established from
time to time by resolution of Township Supervisors shall be payable
at the time of execution of the development agreement required by
§ 413 of this Chapter to guarantee payment of the estimated
inspection fees required by this Section. The actual amount of the
inspection fees in excess of the escrow deposit shall be payable within
10 days of billing by the Township. Any monies remaining in the escrow
account after all inspection fees have been paid shall be returned
to the applicant.
(3)
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Chairman
of The Township Supervisors that such expenses are disputed as unreasonable
or unnecessary, in which case the Township shall not delay or disapprove
a subdivision or land development application or any approval or permit
related to development due to the applicant's request over disputed
engineer expenses.
(4)
If within 20 days from the date of billing, the Township and
the applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Township shall jointly,
by mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(5)
The professional engineer so appointed shall hear such evidence
and review such documentation as the professional engineer in his
or her sole opinion deems necessary and render a decision within 50
days of the billing date. The applicant shall be required to pay the
entire amount determined in the decision immediately.
(6)
In the event that the Township and the applicant cannot agree
upon the professional engineer to be appointed within 20 days of the
billing date, then upon application of either party, the President
Judge of the Court of Common Pleas of the judicial district in which
the Township is located or if at the time there be no President Judge,
then the senior active judge then sitting shall appoint such engineer,
who, in that case, shall be neither the Township Engineer nor any
professional engineer who has been retained by, or performed services
for, the Township or the applicant within the preceding five years.
(7)
The fees of the appointed professional engineer for determining
the reasonable and necessary expenses shall be paid by the applicant
if the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by one thousand ($1,000.00) dollars
or more, the Township shall pay the fee of the professional engineer,
but otherwise the Township, and the applicant shall each pay 1/2 of
the appointed professional engineer.
[Ord. 2001-3, 12/10/2001, § 1102]
Township Supervisors may, from time to time, amend this Chapter
in accordance with the following provisions.
A. Planning Commission Review. In the case of amendments other than
those prepared by the Township Planning Commission, Township Supervisors
shall submit the proposed amendment to the Planning Commission for
recommendations at least 30 days prior to the date fixed for the public
hearing on the proposed amendment.
B. County Planning Agency Review. The proposed amendment shall be submitted
to the Washington County Department of Economic Development for review
and recommendations at least 30 days prior to Township Supervisor's
public hearing on the amendment.
C. Public Hearing. Amendments to this Chapter shall become effective
only after a public hearing conducted by Township Supervisors which
is held pursuant to public notice, as defined herein.
D. Publication, Advertisement and Availability of Ordinance.
(1)
Proposed amendments shall not be enacted unless public notice,
as defined herein, of the proposed enactment is given, including the
time and place of the meeting at which passage will be considered
and a reference to a place within the Township where copies of the
proposed amendments may be examined without charge or obtained for
a charge not greater than the cost thereof.
(2)
Township Supervisors shall publish the proposed amendment once
in one newspaper of general circulation in the Township not more than
60 days nor less than seven days prior to passage. Publication of
the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Township Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time the public notice is published.
(b)
An attested copy of the proposed amendment shall be filed in
the County Law Library or other County office designated by the County
Commissioners who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(c)
In the event substantial amendments are made in the proposed
amendment, before voting upon enactment, Township Supervisors shall,
at least 10 days prior to enactment, re-advertise in one newspaper
of general circulation in the Township, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
(d)
Subdivision and land development amendments may be incorporated
into official ordinance books by reference with the same force and
effect as if duly recorded therein.
E. Filing After Enactment. Within 30 days after adoption, the Township
Secretary shall forward a certified copy of the amendment to the Washington
County Department of Economic Development.
[Ord. 2001-3, 12/10/2001, § 1103]
Any party aggrieved by the decision of Township Supervisors
regarding a subdivision or land development plan may appeal such decision
within 30 days of the date of entry of the decision of Township Supervisors
to the Washington County Court of Common Pleas.
[Ord. 2001-3, 12/10/2001, § 1104]
1. 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 transferor from such penalties or from
the remedies herein provided.
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 of this Chapter. The authority to deny such a permit
or approval shall apply to any of the following applicants.
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 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.
3. As an additional condition for issuance of a permit or the granting
of an approval to any such owner, 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.
[Ord. 2001-3, 12/10/2001, § 1105]
1. 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 the Township, pay a
judgment of not more than five hundred ($500.00) dollars 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 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.
2. The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
3. 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. 2001-3, 12/10/2001, § 1106]
Whenever there is a difference between a minimum standard or
dimension specified in this Chapter and those contained in another
official regulation, Resolution or Chapter of the Township or any
other restriction or covenant, the most restrictive standard shall
apply. If a question of conflict arises between various portions of
this Chapter, the most restrictive term shall apply.