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 100 days of the billing date, notify
the Township Secretary and professional consultant 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 53 P.S. §§ 10503(1)
and 10510(g).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 applicants.
(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 §
270-32 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 100 days of the date of billing, notify the Township Secretary
and professional consultant that such expenses are disputed as unreasonable
or unnecessary, in which case the Township shall not delay or disapprove
a request for release of financial security, a subdivision or land
development application or any approval or permit related to development
due to the applicant's request over disputed fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4) In the event that the Township and the applicant cannot agree on
the amount of expenses which are reasonable and necessary, then the
applicant and the Township shall follow the procedure for resolution
of disputes as set forth in 53 P.S. § 10510(g).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Planning Office 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 amendment 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, 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.
(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 Planning Office.
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.
Whenever there is a difference between a minimum standard or
dimension specified in this chapter and those contained in another
official regulation, resolution or ordinance 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.
If any provision of this chapter, or the application of any
provision thereof to particular circumstances, is held invalid, the
remainder of this chapter, or the application of such provision to
other circumstances, shall not be affected.