Township of Ross, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 1166, 8/27/1973, § 1165.01]
The properly authorized official of the Township shall administer the provisions of this chapter and enforce the decisions of the Board of Commissioners made hereunder, and report any violations to the Board of Commissioners.
[Ord. 1166, 8/27/1973, § 1165.02]
1. 
The duties of the official who administers and enforces this chapter shall be to:
A. 
Examine all applications for preliminary and final plats to see if they meet the requirements of §§ 22-402 and 22-502.
B. 
Stamp applications with date received and distribute applications and plats as required by this chapter.
C. 
File in the record of the Planning Commission all applications received.
D. 
Certify to the Planning Commission and Township Commissioners, before they review plats, that all submission procedures have been met and all fees paid. Distribute plats and recommendations after action by the Planning Commission and/or Commissioners.
[Ord. 1166, 8/27/1973, § 1165.03]
1. 
The Board of Commissioners shall establish, by resolution, a collection procedure and schedule of fees to be paid by the subdivider at the time of filing a preliminary plat. The resolution shall also establish a fee for public hearings.
2. 
The schedule of fees shall be posted in the office of the Township Manager.
3. 
Charges for field inspection shall be established on the basis of the number of lots to be inspected, including improvements to be provided.
4. 
No final plat shall be approved unless all fees and charges are paid in full.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991, § 22-304; and as amended by Ord. 2288, 4/12/2010]
1. 
Review fees may include reasonable and necessary charges by the municipality's professional consultants for review and report thereon to the Township. Such review fees shall be based upon a schedule established by ordinance or resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the professional consultant for comparable services to the Township for services which are not reimbursed or otherwise imposed on applicants. Fees charged to the Township relating to any appeal of a decision on an application shall not be considered review fees and may not be charged to an applicant.
A. 
The Board of Commissioners shall submit to the applicant an itemized bill showing work performed, identifying the person performing the services and the time and date spent for each task. Nothing in this paragraph shall prohibit interim itemized billing or municipal escrow or other security requirements. In the event the applicant disputes the amount of any such review fees, the applicant shall, no later than 45 days after the date of transmittal of the bill to the applicant, notify the Township and the Township's professional consultant that such fees are disputed and shall explain the basis of their objections to the fees charged, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's dispute over fees. Failure of the applicant to dispute a bill within 45 days shall be a waiver of the applicant's right to arbitration of that bill under § 510(g) of the Municipalities Planning Code, 53 P.S. § 10510(g).
B. 
In the event that the Township's professional consultant 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 dispute resolution set forth in § 510(g) of the Municipalities Planning Code, 53 P.S. § 10510(g), provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
C. 
Subsequent to a decision on an application, the Board of Commissioners shall submit to the applicant an itemized bill for review fees, specifically designated as a final bill. The final bill shall include all review fees incurred at least through the date of the decision on the application. If for any reason additional review is required subsequent to the decision, including inspections and other work to satisfy the conditions of the approval, the review fees shall be charged to the applicant as a supplement to the final bill.
[Ord. 1166, 8/27/1973, § 1165.04]
1. 
No lot in a subdivision shall be sold, no permit to erect, alter or repair any building upon land in a subdivision or development shall be issued, and no building shall be erected in a subdivision or development until a final plat of such subdivision or land development has been approved and properly recorded and until improvements have been either constructed or guaranteed in accordance with § 22-504.
2. 
No person shall connect to any water line, storm, drainage or sanitary sewer, without first obtaining the required permit and paying the proper connection charge.
3. 
No person shall dig, make any cuts or changes whatsoever in the cartway, gutters or right-of-way without first obtaining a permit and paying the proper fee.
[Ord. 1166, 8/27/1973, § 1165.05]
Where any Township road, including the paved area, gutters, utilities and the right-of-way, is hereafter damaged in any manner whatsoever, the person or persons directly responsible for the damage, the subcontractor and/or general contractor for whom the person or his superiors work, or with whom they have contracted, shall be jointly liable for any and all damage to the Township road and shall repair the damage within 90 days of any written demand by the Township. All repairs shall meet Township standards and shall be subject to Township inspection. The liability of the developer, if any, shall be determined by the Street Committee of the Township Commissioners with consultation of the Township Engineer and/or Superintendent of Public Works and the Solicitor.
[Ord. 1166, 8/27/1973, § 1165.06; as amended by Ord. 1726, 10/14/1991, § 22-307]
Any subdivider or land developer aggrieved by a finding, decision, or other action of the Township Planning Commission or Board of Commissioners regarding this chapter, may request and shall receive an opportunity to appear before the Planning Commission or Board of Commissioners, to present additional relevant information and request, in writing, reconsideration of the original finding, decision, or action.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991, § 22-308]
1. 
The Board of Commissioners may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
2. 
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.
3. 
The request for modification shall be referred to the Planning Commission for advisory comments.
4. 
The Board of Commissioners shall keep a written record of all action on all requests for modifications.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991, § 22-309]
1. 
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice. A brief summary setting forth the principal provisions of the proposed amendment and a reference to the place within the Township where copies of the proposed amendment may be secured or examined shall be incorporated in the public notice. Unless the proposed amendment shall have been prepared by the Planning Commission, the Board of Commissioners shall submit the amendment to the Planning Commission at least 30 days prior to the hearing on such amendment to provide the Planning Commission an opportunity to submit recommendations. In addition, at least 30 days prior to the public hearing on the amendment, the Township shall submit the proposed amendment to the County planning agency for recommendations.
2. 
Within 30 days after adoption, the Board of Commissioners shall forward a certified copy of the amendment to the County planning agency.
3. 
Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Commissioners shall publish the proposed amendment once in a 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).
4. 
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Board of Commissioners shall, at least 10 days prior to enactment, readvertise, 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.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991, § 22-310]
After a plat has been approved and recorded as provided in this chapter, all streets and public grounds on such plat shall be and become a part of the Official Map of the Township without public hearing.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991, § 22-311]
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. This 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. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991, § 22-312; and as amended by Ord. 2288, 4/12/2010]
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 $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 payable until the date of the determination of a violation by the magisterial district judge. 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 magisterial district judge 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 magisterial district judge 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.
4. 
Magisterial district judges shall have initial jurisdiction in proceedings brought under this section.