Inspection revealing noncompliance with plans submitted under
the provisions of this chapter, including, without limitation, conservation
plan measures for erosion and sedimentation, and/or noncompliance
with applicable agreements, including, without limitation, the land
development improvements agreement, shall be sufficient grounds for
the suspension and/or revocation of building and/or other permits
by the Township until correction thereof and/or imposition of such
other penalties and/or pursuit of such other remedies, including,
without limitation, injunction relief, as may be provided by this
chapter or otherwise by law.
Upon and together with the filing of an application for approval
of a subdivision and land development plan, the applicant shall pay
to the Township Secretary, to the use of the Township, such filing
fees, based upon and in accordance with a schedule as shall be established
from time to time by resolution of the Board, to defray the administration
costs and expenses of the Township in processing the application.
A.
Review fees incurred by the Township to review a subdivision and
land development plan shall be charged to and paid by the applicant.
Review fees shall include necessary and reasonable fees and costs
charged by the Township Engineer, Township Solicitor, and/or such
other professional consultants as may be engaged by the Township for
review of the application and report thereon to the Township. The
need for such review and report, and the selection of the consultants
to perform the same, shall be determined in the sole discretion of
the Board.
B.
Review fees shall be based upon a schedule established from time
to time by resolution of the Board. Such review fees shall be reasonable
and in accordance with ordinary and customary charges by the Township
Engineer, Township Solicitor, and/or such other professional consultant
for similar service in the community, but in no event shall the review
fees exceed the rate or cost charged by the Township Engineer, Township
Solicitor, and/or other professional consultant to the Township when
fees or costs are not reimbursed by or otherwise imposed upon the
applicant.
C.
The applicant, at such times as hereinafter provided, shall be required
to deposit with the Township, in cash funds to be held in escrow by
the Township for the exclusive use of the Township to draw upon, at
its sole order, for purposes of reimbursement to itself in paying
review fees, in accordance with the regulations herein.
D.
The initial cash deposit shall be made at the time of the filing
of the application for approval of the subdivision and land development
and shall be in addition to the applicable filing fee. The amount
of the initial deposit shall be based upon and in accordance with
a schedule established from time to time by resolution of the Board.
(1)
Upon incurring or receiving a statement for review fees, the Township
shall bill the applicant. To the extent that the applicant does not
timely and properly dispute the invoiced review fees, according to
the guidelines of the MPC, the Township may draw upon the escrow deposit
as may be necessary to either reimburse itself or pay, as the case
may be, the amount of the fees or part thereof.
(2)
To the extent that no other sums are due and owing the Township by
the applicant in connection with the subdivision or land development,
any portion of the escrow deposit which remains after all review fees
have been fully reimbursed to or paid by the Township therefrom shall
be refunded to the applicant.
(3)
In the event that the applicant disputes the amount of any review
fees billed by invoice of the Township, then the Township and the
applicant shall follow the procedures for dispute resolution set forth
in the MPC, as amended.
The applicant shall pay to the Township, upon invoice rendered
by the Township, the actual cost to the Township of the material test
costs or the other fees and costs as reasonably estimated by the Township
Engineer, in its sole discretion, to be necessary or desirable in
connection with the review, inspection and/or approval of any subdivision
and/or land development plan and/or the improvements required and/or
proposed therein.
The applicant shall pay to the Township, upon invoice rendered
by the Township, all fees and costs incurred by the Township in or
for the preparation, recording and/or filing of any subdivision/land
development improvement agreement, improvement guaranty, maintenance
bond, escrow agreement, deed of dedication and/or such other instrument
as may be deemed necessary or desirable by the Board, in its sole
discretion, in connection with the review, approval, inspection, construction,
and/or completion of subdivision or land development, including plans
therefor, applications for approval thereof, and improvements required
or proposed therein.
A.
No application for approval of a subdivision or land development
plan shall be complete, considered filed, or considered as accepted
by the Township until all filing fees have been fully paid and the
initial deposit for review fees has been fully made, and until the
other requirements of this chapter have been fully satisfied.
A.
Preventive remedies. 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 or land development of real property in violation of
this chapter.
B.
Enforcement remedies.
(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's 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 Judgee.
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 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 date that a
violation continues shall constitute a separate violation.
(2)
The Court of Common Pleas of Chester County, 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.
C.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction
in enforcement proceedings brought under the regulations of this chapter.
Appeals from decisions and other actions of the Board with respect
to any application for subdivision or land development approval shall
be governed by the provisions of the MPC.
This chapter may from time to time be amended by the Board,
in accordance with the provisions of the MPC, as amended.
The grant of a permit or approval of a plan for any proposed
subdivision and/or land development located within any designated
floodplain district shall not constitute a representation, guarantee,
or warranty of any kind by the Township or by any official or employee
thereof of the practicability or safety of the proposed use, and shall
create no liability upon the Township, its officials or employees.
