[Ord. 424, 12/6/2005, § 801]
1. 
Application Filing Fees. Application filing fees shall be established, from time to time, by resolution of the Board of Commissioners. The application filing fees shall cover the administrative costs, exclusive of reimbursable review fees of professional consultants as provided hereinafter, associated with processing an application for approval of a subdivision, PRD, or other land development and shall be payable to the Township at the time of submission of the application. The Board of Commissioners may, from time to time by resolution, also establish escrow or other security requirements for professional review fees, in which event such escrow accounts or other security arrangements shall be deposited or put in place at the time of submission of the application in accordance with such resolution.
2. 
A. 
Application Review Fees. Applicants shall reimburse the Township as provided hereinafter for all application review fees incurred by the Township by its professional consultants. Application review fees shall include reasonable and necessary charges by the Township's the Township Engineer, Solicitor, and other professional consultants 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 the Board of Commissioners. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by such professional consultants for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the Professional Consultants to the Township when fees 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.) The Board of Commissioners may, from time to time by resolution, also establish escrow or other security requirements for professional review fees, in which event such escrow accounts or other security arrangements shall be deposited or put in place at the time of submission of the application in accordance with such resolution. Interim and final review fees shall be invoiced and paid, and disputed invoices resolved, in accordance with the procedures set forth hereinafter in this section.
B. 
(1) 
Procedures for Invoicing and Payment of Application Review Fees. The Township's professional consultants shall issue to the Township on a monthly basis or at such other interval as required by the Township an itemized invoice reflecting solely work performed on the application being reviewed by it, which itemized bill shall show the work performed and shall identify the person performing the services and the time and date spent for each task.
(a) 
The Township shall forward said itemized bill(s) to the applicant either as interim bill(s) or at its discretion as part of a final bill as provided hereinafter. All interim and final invoices for application review fees shall be due and payable by applicant to the Township within 30 days of transmittal by the Township.
(b) 
Subsequent to a decision on an application (tentative/preliminary or final decision), whether or not interim bills have been issued, the Township 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.
(2) 
Applicant Disputes Regarding Invoices for Application Review Fees. In the event the applicant disputes the amount of any such review fees invoice or part thereof, the applicant shall, no later than 45 days after the date of transmittal of the invoice 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. However, all undisputed invoices or parts thereof shall be paid by the due date regardless of the submission of a dispute as to the remainder of any invoice. 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 or any undisputed portion thereof. Failure of applicant to dispute any item contained in any interim bill within 45 days of transmittal shall constitute a waiver of applicant's right to include same as part of a dispute raised for the first time in response to any subsequent invoice or to the final bill. To the extent that the applicant has submitted escrow or other security to the Township, the Township may secure payment from same on the 46th day following transmittal of any invoice or part thereof concerning which no timely payment has been remitted or dispute submitted pursuant to this section.
(a) 
In the event that applicant shall have given timely notice of a dispute as provided hereunder and the Township's professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant shall have the right, within 45 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional consultant to serve as an arbitrator, in which case the applicant and the Township and the Township's professional consultant shall follow the procedures for dispute resolution set forth in Subsection 4 hereof, provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
3. 
A. 
Inspection Fees. The applicant shall reimburse the Township for the reasonable and necessary expense incurred in connection with the inspection of improvements, as provided hereinafter. The applicant shall not be required to reimburse the Board of Commissioners for any inspection which is duplicative of inspections conducted by other governmental agencies or public utilities. The burden of proving that any inspection is duplicative shall be upon the objecting applicant. Such reimbursement shall be based upon a schedule established by resolution of the Board of Commissioners. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township's professional 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 professional consultant to the Township for comparable services when fees are not reimbursed or otherwise imposed on applicants. The Board of Commissioners may, from time to time by resolution, also establish escrow or other security requirements for inspection fees, in which event such escrow accounts or other security arrangements shall be deposited or put in place before any permits are issued to commence any work on the land development in accordance with such resolution. Interim and final inspection fees shall be invoiced and paid, and disputed invoices resolved, in accordance with the procedures set forth in Subsections 3 and 4 hereof.
B. 
(1) 
Invoices and Payment of Inspection Fees.
(a) 
The Township's professional consultants shall issue to the Township on a monthly basis or at such other interval as required by the Township an itemized invoice reflecting solely work performed in connection with the inspection of improvements performed, which itemized bill shall show the work performed and shall identify the person performing the services and the time and date spent for each task.
(b) 
The Township shall forward said itemized bill(s) to the applicant either as interim bill(s) or at its discretion as part of a final bill as provided hereinafter. All interim and final invoices for inspection fees shall be due and payable by applicant to the Township within 30 days of transmittal by the Township.
(2) 
Applicant Disputes Regarding Interim Invoices for Inspection Fees. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, including any interim invoice, the applicant shall, no later than 30 days after the date of transmittal of a bill for inspection services, notify the Township and the Township's professional consultant that such inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of their objections to the fees charged, 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 dispute of inspection expenses. Failure of the applicant to dispute a bill within 30 days shall be a waiver of the applicant's right to arbitration of that bill under this section. Failure of applicant to dispute any item contained in any interim bill within 30 days of transmittal shall constitute a waiver of applicant's right to include same as part of a dispute raised for the first time in response any subsequent invoice or to the final bill. To the extent that the applicant has submitted escrow or other security to the Township, the Township may secure payment from same on the 31st day following transmittal of any invoice or part thereof concerning which no timely payment has been remitted or dispute submitted pursuant to this section.
C. 
(1) 
Final Invoices for Inspection Fees. Subsequent to the final release of financial security for completion of improvements for a subdivision or land development, or any phase thereof, the professional consultant shall submit to the Board of Commissioners a bill for inspection services, specifically designated as a final bill. The final bill shall include inspection fees incurred through the release of financial security.
(2) 
Disputes Regarding Final Invoices for Inspection Fees. In the event the applicant disputes the amount of any such expense in connection with the final bill for inspection of improvements, the applicant shall, no later than 30 days after the date of transmittal of the final bill for inspection services, notify the Township and the Township's professional consultant that such inspection expenses or part thereof are disputed as unreasonable or unnecessary and shall explain the basis of their objections to the fees charged, 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 dispute of inspection expenses. Failure of the applicant to dispute the final bill or any portion thereof within 30 days shall be a waiver of the applicant's right to arbitration of that bill under this section. If the professional consultant and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant shall have the right, within 45 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional consultant to serve as an arbitrator.
4. 
Resolution of Disputes; Arbitration.
A. 
In the event that the applicant raises a timely dispute hereunder to any interim invoice or final bill for review fees or interim invoice or final bill for inspection fees, and provided that applicant further makes timely request for the appointment of another professional consultant to serve as an arbitrator, then the applicant and professional consultant whose fees are being challenged shall, by mutual agreement, appoint another professional consultant to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the professional consultant whose fees are being challenged.
B. 
The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and shall render a decision no later than 50 days after the date of appointment. Based on the decision of the arbitrator, the applicant or the professional consultant whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days of the decision. In the event the Township has paid the professional consultant an amount in excess of the amount determined to be reasonable and necessary, the professional consultant shall within 60 days reimburse the excess payment.
C. 
In the event that the Township's professional consultant and applicant cannot agree upon the arbitrator to be appointed within 20 days of the request for appointment of an arbitrator, then, upon application of either party, the president judge of the court of common pleas of the judicial district in which the Township is located (or if at the time there be no president judge, then the senior active judge then sitting) shall appoint such arbitrator, who, in that case, shall be neither the Township's professional consultant nor any professional consultant who has been retained by, or performed services for, the Township or the applicant within the preceding five years.
D. 
The fee of the arbitrator shall be paid by the applicant if the review fee charged is sustained by the arbitrator; otherwise, it shall be divided equally between the parties. If the disputed fees are found to be excessive by more than $5,000, the arbitrator shall have the discretion to assess the arbitration fee in whole or in part against either the applicant or the professional consultant. The Board of Commissioners and the consultant whose fees are the subject of the dispute shall be parties to the proceeding.
[Ord. 424, 12/6/2005, § 802]
1. 
The Board of Commissioners 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, the Board of Commissioners shall submit the proposed amendment to the Planning Commission for recommendation at least 30 days prior to the date fixed for the public hearing on the proposed amendment or as otherwise required by applicable law.
B. 
County Planning Commission Review. The proposed amendment shall be submitted to the Allegheny County Planning Agency [(Allegheny County Department of Economic Development (ACED)] for review and recommendations at least 30 days prior to the public hearing on the amendment or as otherwise required by applicable law.
C. 
Public Hearing. Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice, as defined herein.
D. 
Publication, Advertisement and Availability of Ordinance. 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, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge nor greater than the cost thereof.
2. 
The Board of Commissioners shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days nor less then 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, the Board of Commissioners shall, at least 10 days prior to enactment, re-advertise 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 Board of Commissioners shall forward a certified copy of the amendment to the Allegheny County Planning Agency [(Allegheny County Department of Economic Development (ACED)].
[Ord. 424, 12/6/2005, § 803]
Any party aggrieved by the decision of the Board of Commissioners regarding a subdivision of land development plan may appeal such decision within 30 days of the date of entry of the decision of the Board of Commissioners to the Allegheny County Court of Common Pleas.
[Ord. 424, 12/6/2005, § 804]
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. The 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 property.
[Ord. 424, 12/6/2005, § 805; as amended by Ord. 427, 4/4/2006]
1. 
Any person, partnership or corporation who or which had violated the provisions of this chapter shall, upon being found liable thereof 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 judgement shall commence or be imposed, levied or be 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.
[Ord. 424, 12/6/2005, § 806]
Whenever there is a difference between a minimum standard or dimension specified in these Subdivision Regulations 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 these Subdivision Regulations, the most restrictive term shall apply.