DCPD shall assign an application number to all application packets for sketch, preliminary, and final plan review. All matters pertaining to such application packets shall be filed in accordance with the subdivision and/or land development application number. In addition, the municipality shall keep a record of findings, decisions, and recommendations relative to all subdivision and/or land development plans filed with the application packet for review. All such records shall be public records.
A. 
Upon the filing of an application packet for preliminary and final approval of a subdivision and/or land development plan, the applicant shall pay to the Treasurer of Delaware County to the use of Delaware County, such fees as established by DCPD. The county fee shall not be combined with any municipal fee.
B. 
The applicant shall contact DCPD for the applicable County Act 247 review fee schedule.
C. 
Whenever an application packet includes proposed developments with mixed uses, the uses will be separated for calculation purposes and the appropriate county fee applied to each use.
D. 
For nonresidential land developments where a substantial percentage of the tract is not proposed for development or consists of existing development, the county fee for these developments shall be calculated in the regular fashion unless the developer delineates on the plan a project area where development is proposed to be located. The county fee would then apply to the project area only. The acreage of the project area shall be shown on the County Application for Act 247 Review Form. The project area shall be that portion of the tract where development or improvements of any kind are proposed, including areas devoted to parking, driveways, drainage facilities, grading, and landscaping.
E. 
Once the subdivision and/or land development application packet is deemed an "officially submitted plan," the municipality will forward an application packet containing the appropriate county fee, a fully completed County Application for Act 247 Review Form signed by the appropriate municipal official, a completed checklist, and three sets of plans to DCPD.
F. 
No application packet will be accepted by DCPD for DCPC's review and report unless accompanied by the required county fee.
G. 
Each resubmission of a different project on the same tract of land will be charged an additional county fee. However, no additional county fee will be charged for refinements, provided that the revised subdivision and/or land development plan is submitted to DCPD within 180 calendar days from the date reviewed by DCPC and the subdivision and/or land development plan has not been substantially altered or modified as determined by DCPD.
H. 
County fees will be waived only for an application packet filed under the name of a governmental subunit of the United States or the Commonwealth of Pennsylvania, including school districts and authorities. This exemption does not apply to any private, nonprofit organization.
I. 
The county fee schedule shall not apply to sketch plans.
A. 
The applicant shall pay to the municipality, upon invoice rendered by the municipality, the actual cost of all fees incurred by the municipality in the review and evaluation of all subdivision and/or land development plans.
(1) 
In the event that the applicant disputes the amount of any such review fees, the applicant shall, within 14 calendar days of the applicant's receipt of the bill, notify the municipality that such fees are disputed, in which case the municipality shall not delay or disapprove a subdivision and/or land development application packet due to the applicant's request over disputed fees. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 503(1)(i).
(2) 
In the event that the municipality and the applicant cannot agree on the amount of review fees that are reasonable and necessary, then the applicant and municipality shall follow the procedure for dispute resolution set forth in Section 1203.A.1 of this chapter, provided that the professionals resolving such dispute shall be of the same profession or discipline as the fees that are being disputed. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 503(1)(ii).
A. 
The applicant shall pay to the municipality upon invoice rendered by the municipality such charges as shall be made by the municipality for the field inspection of improvements in the subdivision or land development; but in the event that, owing to special or unusual conditions, specialized or expert inspections, analyses, or tests of improvements shall be required, such inspections, analyses, or tests shall be performed by persons or firms selected by the municipality, and the fees and costs of such inspections, analyses, or tests shall be paid by the applicant to the municipality.
(1) 
Reimbursement by the applicant to the municipality shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the municipal engineer for work performed for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the municipality when fees are not reimbursed or otherwise imposed on applicants. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 510(g).
(a) 
In the event that the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 calendar days of the billing date, notify the municipality that such expenses are disputed as unreasonable or unnecessary, in which case the municipality shall not delay or disapprove a subdivision and/or land development application packet or any approval or permit related to development due to the applicant's request over disputed engineer expenses. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 510(g)(1).
(b) 
If, within 20 calendar days from the billing date, the municipality and the applicant cannot agree on the amount of the expenses which are reasonable and necessary, then the applicant and municipality shall jointly, by mutual agreement, appoint another professional engineer, licensed as such in the Commonwealth of Pennsylvania, to review said expenses and make a determination as to the amount thereof which is reasonable and necessary. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 510(g)(2).
(c) 
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 shall render a decision within 50 calendar days of the billing date. The applicant shall be required to immediately pay the entire amount determined in the decision. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 510(g)(3).
(d) 
In the event that the municipality and applicant cannot agree upon the professional engineer to be appointed within 20 calendar days of the billing date, then upon application of either party, the President Judge of the Court of Common Pleas (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 municipal engineer nor any professional engineer who has been retained by or performed service for the municipality or the applicant within the preceding five years. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 510(g)(4).
(e) 
The applicant shall pay the fee of the appointed professional engineer for determining the reasonable and necessary expenses, 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 $1,000 or more, the municipality shall pay the fee of the professional engineer, but otherwise the municipality and the applicant shall each pay half of the fee of the appointed professional engineer. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 510(g)(5).
B. 
All invoices shall be due upon presentation.
C. 
Any applicant who is delinquent in the payment of invoices shall be denied issuance of any further approvals or permits by the municipality, whether such approvals or permits pertain to the subdivision and/or land development for which said invoice was rendered or to any other subdivision and/or land development within the municipality.
D. 
The municipality shall revoke all permits issued to applicants who are delinquent in the payment of any invoice.
A. 
The applicant shall pay to the municipality upon invoice rendered by the municipality the cost of performing all material tests determined by the municipality to be necessary or desirable in connection with the inspection or approval of all subdivision and/or land development plans or improvements.
A. 
The applicant shall pay to the municipality upon invoice rendered by the municipality all fees incurred by the municipality in the preparation of the subdivision and land development agreements, improvement and maintenance bonds, escrow agreements, and other instruments deemed necessary or desirable by the municipality in connection with subdivisions and/or land developments.
A. 
In addition to other remedies, the municipality 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. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.1(a).
B. 
The municipality 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 any of this Chapter's provisions. This authority to deny such a permit or approval shall apply to any of the following applicants. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.1(b).
(1) 
The owner of record at the time of such violation. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.1(b)(1).
(2) 
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. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.1(b)(2).
(3) 
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. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.1(b)(3).
(4) 
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. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.1(b)(4).
C. 
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 municipality 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. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.1(b)(4).
District justices shall have initial jurisdiction in proceedings brought under § 195-1208 of this chapter. NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.2.
A. 
Any person, partnership, or corporation who or which has violated the provisions of any subdivision or land development ordinance enacted under the Pennsylvania Municipalities Planning Code or prior enabling laws shall, upon being found liable therefore in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the municipality 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 district justice. If the defendant neither pays nor timely appeals the judgment, the municipality 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. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.3(a)).
B. 
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. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.3(b)).
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 515.3(c)).
A. 
All fines collected for violations of this chapter, as provided in § 195-1208 of this chapter, shall be paid over to the municipality.
A. 
Amendments to this chapter shall be adopted by the municipality and shall become effective only after a public hearing held pursuant to public notice in the manner prescribed below. The public notice of proposed enactment shall include the time and place of the meeting at which passage will be considered and a reference to a place where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The municipality shall publish the proposed amendment once in one newspaper of general circulation in the municipality not more than 60 calendar days nor less than seven calendar 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 municipal Solicitor and setting forth all of the provisions in reasonable detail. If the full text is not included. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 506(a)).
(1) 
A copy thereof shall be supplied to a newspaper of general circulation in the municipality at the time the public notice is published. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 506(a)(1)).
(2) 
An attested copy of the proposed amendment shall be filed in the Delaware County Law Library or another County office designated by County Council, who may impose a fee no greater than that necessary to cover the actual costs of storing said amendments. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 506(a)(2)).
B. 
In the event that substantial amendments are made in the proposed amendment, before voting upon enactment, the municipality shall, at least 10 calendar days prior to enactment, readvertise in one newspaper of general circulation in the municipality, a brief summary setting forth all of the provisions in reasonable detail together with a summary of the amendments. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 506(b)).
C. 
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. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 506(c)).
D. 
In addition, in case of an amendment other than that prepared by the Municipal Planning Commission, the municipality shall submit each such amendment to the Municipal Planning Commission for recommendations at least 30 calendar days prior to the date fixed for the public hearing on the proposed amendment. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 505(a)).