[Adopted 8-30-2010 by Ord. No. 2010-03]
This article shall be known and may be cited as the "East Hanover
Township Review Fee Reimbursement Ordinance."
For the purpose of this article the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number,
and the word "shall" is always mandatory and not merely directory.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The Board of Supervisors of East Hanover Township, Lebanon
County.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this act shall mean the written
and graphic materials referred to in this definition.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
The East Hanover Township, which is located within the confines
of Lebanon County, Pennsylvania.
The Township Engineer or any consultant designed by the Board
of Supervisors to review a subdivision or land development plan and
perform the duties of engineer on behalf of the Township.
A.
Subdivision and land development applicants shall, in addition to
the application fee, pay to the Township the amounts expended or incurred
by the Township in connection with any necessary review by the Township's
engineer and/or professional consultants.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Initial escrow deposits for subdivision and land development plan
review and processing shall be fixed by the Board of Supervisors by
resolution. In addition to such escrow deposits, all disbursements
by the Township incident to plan review, approval and processing in
excess of the amount required by escrow deposits, and all inspections
of construction, including, but not necessarily limited to, engineering
fees, land planning consultants, inspection fees, costs of materials
or site testing and any maintenance costs prior to the acceptance
of improvements by the Township, shall be reimbursed, as billed at
the actual costs. In addition, any legal fees incurred by the Township
in excess of review of the Township's standard forms shall be reimbursed
in the same manner.
C.
All such reimbursements for costs expended prior to establishment
of the applicant's performance guarantee shall be made prior to issuance
of any permits. All such reimbursements for costs expended during
construction shall be paid out of escrow funds established as the
performance guarantee, on a monthly basis.
D.
The amount of these review and inspection fees shall be fixed by
resolution of the Board of Supervisors, but shall not exceed the rate
or cost charged by the engineer or other consultant, as applicable,
to the Township, when fees are not reimbursed by or charged to applicant.
E.
If problems arise requiring more extensive involvement of the Township
Engineer, any resulting costs that exceed the initial fee will be
assessed the permittee.
The provisions of this article are severable, and if any section,
sentence, clause, part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections sentences, clauses, parts or provisions of this article.
It is hereby declared to be the intent of the Board of Supervisors
that this article would have been enacted if such illegal, invalid
or unconstitutional section, sentence, clause, part or provision had
not been included herein.
All other ordinances or parts of ordinances inconsistent herewith
are expressly repealed.
This article shall become effective five days after its enactment
by the Board of Supervisors of the East Hanover Township.
