This article sets forth the fees and costs for the subdivision and development of land, engineering and inspection services and related site tests and material, and the opening and dedication of roads, streets, drainage facilities and other public improvements in the Township. Conditions of acceptance of any street or site improvements and penalties for the violation of this chapter are provided in this article.
[Amended 7-16-1990 by Ord. No. 90-2]
The subdivider, builder or developer shall be required to furnish a bond and to pay the following fees and costs as applicable.
A.
Preliminary plan. The Township filing fee and Montgomery County Planning Commission review fee.
B.
Final plan. The subdivider, developer, or builder will be required to furnish financial security, in an amount and with such surety as shall be approved by the Board of Supervisors, to guarantee the payment of:
(1)
Professional services. The services of the Township Engineer and/or Solicitor provided in these rules and regulations. In addition, all costs for other engineering, legal and professional certification as deemed necessary.
(2)
Material and facilities test. The actual cost of all drainage, water and/or material tests.
(3)
Inspection. All costs of the Township Inspector at the current hourly rate while engaged on the project.
(4)
Dedication. Legal fees, advertising and other costs involved in the dedication of streets and public improvements to the Township.
C.
Such bonds as may be required under the regulations of the applicable sewer and water authorities.
D.
Fee schedule will be set by resolution by the Board of Supervisors.
The Township shall have no obligation to take over and make public any street or other improvement unless:
A.
Conditions. The Township shall have no obligation to take over and make public any street or other improvement unless:
(1)
The required improvements, utility mains and laterals, and monuments, shown on an approved plan or plans have been constructed in compliance with all requirements.
(2)
It is established to the satisfaction of the Board of Supervisors that there is a need for the improvements to be taken over and made public.
B.
Acceptance. The Township shall have no responsibility with respect to any street or other improvement, notwithstanding the use of the same by the public, unless the street or other improvement is accepted by an ordinance adopted by the Board of Supervisors.
C.
Guarantee. The Board of Supervisors shall require the posting of financial security to secure structural integrity of all improvements located in the development, as well as, the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
Any person, partnership, or corporation who or which has violated the provisions of this chapter shall, upon being found liable, therefore, in a civil enforcement proceeding commenced by Douglass Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by Douglass Township as a result thereof. No judgment 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, Douglass 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 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. All fines collected for such violations shall be paid to the Township.
A.
Subdivision and land development control. It shall be unlawful for the owner of any land in the Township, or any other person, firm or corporation, to subdivide any lot, tract, or parcel of land, or to lay out, construct, open or dedicate for public use of travel, any street, sanitary sewer, storm sewer, drainage facilities, or other facilities in connection therewith, or for the common use of occupants of buildings within the subdivision or land development, unless and until final plans of such subdivision or development shall have been prepared by a registered professional engineer, or registered surveyor, submitted to and approved in writing thereon by the Township Board of Supervisors and recorded in the Montgomery County Recorder of Deeds Office in Norristown, Pennsylvania.
B.
Sale of lots; issuance of building permits; erection of buildings.
(1)
No lot in a subdivision may be sold, and no permit to erect, or alter, any building upon land in a subdivision or land development may be issued unless and until the municipal improvements required by the Board of Supervisors in connection therewith have either been constructed or guaranteed as herein provided.
(2)
No building in a subdivision or land development depending for ingress and egress upon the improvements of any street or streets, herein provided for, shall be permitted to be occupied before improvements are fully completed from an existing paved street to and across the lot on which the building is located, and/or to a sufficient depth along the side of the lot to service any driveway, driveways, or parking areas.
(3)
No building shall be permitted to be occupied before permits have been issued for the required sewage and water facilities and these facilities are fully provided and operational.