When an application pursuant to § 101-13 of this chapter is required as part of a submission pursuant to Chapter 135, Subdivision and Land Development, the provisions of that chapter for application review, site inspections, performance and maintenance guaranties, applicant fees and violations and penalties shall govern such an application.
A.
Plan review.
[Amended 1-19-2002 by Ord. No. 3631]
(1)
Applicants conducting activities defined in § 101-7 but not related to a subdivision or land development application shall submit two copies of a conservation plan in compliance with § 101-14. The decision to approve or disapprove any plan shall be made by the Director of Building and Planning, upon the advice of the Township Engineer.
(2)
The conservation plan shall be submitted to the Director
of Building and Planning and reviewed by the Township Engineer or
his designee, the Township Environmental Advisory Council (EAC) and/or
the Township Shade Tree Commission (at the discretion of the Director
of Building and Planning) and the Township Arborist (where applicable).
The Engineer shall prepare a report thereon, taking specific account
of any written comments from the EAC and/or Arborist; such report
shall be submitted to the applicant and the Director of Building and
Planning within 45 days of the plan submission.
(3)
Where the Township Engineer's report indicates that revisions to the plan are necessary to meet the standards set forth in Articles II and III, the applicant is urged to discuss the contents of the report with the Township Engineer. All necessary revisions shall be submitted to the Township Engineer through the Director of Building and Planning.
(4)
Within 10 days after receipt of the applicant's revisions,
the Township Engineer shall review the revisions and issue a supplementary
report to the applicant and the Director of Building and Planning
recommending approval or disapproval of the plan.
(6)
All approved plans must be officially dated and signed
by the Township Engineer and the applicant prior to commencing any
site disturbances. The applicant's signature shall constitute a written
certification that all work shall be performed in accordance with
the plan.
B.
Inspections.
(1)
No site disturbance work shall proceed to a subsequent phase, as detailed in Subsection B(2) below until inspected and approved by the Director of Building and Planning (or, where applicable, the Township Arborist), who shall then file a report thereon with the Township. The Director of Building and Planning shall consult with the Township Engineer throughout the inspection process as deemed necessary.
[Amended 1-19-2002 by Ord. No. 3631]
(2)
The times of inspection shall be as follows:
(a)
Following plan approval and prior to any site
disturbance.
(b)
Upon completion of stakeout but prior to initiation
of grading.
(c)
Upon completion of rough grading, but prior
to placing topsoil, installing permanent drainage or other site improvements
or establishing ground covers.
(d)
Upon completion of final grading, landscape
improvements and other mitigation work undertaken in accordance with
the approved conservation plan.
(e)
The Township Building and Planning Department
or Arborist may make random inspections as deemed necessary and appropriate.
[Amended 1-19-2002 by Ord. No. 3629]
(3)
The applicant shall notify the Township Building and Planning Department at least 24 hours prior to completion of each phase identified in § 101-17B to schedule the required inspection. Upon receiving such notice, the Building and Planning Department shall arrange an inspection of the work within 48 hours and notify within five working days the permittee, in writing, of its acceptability or in what respect there has been a failure to comply. Any portion of the work which does not comply shall be corrected promptly by the permittee as per § 101-19A below; no work on subsequent phases shall proceed until such corrections are carried out to the satisfaction of the Director of Building and Planning.
[Amended 1-19-2002 by Ord. No. 3629; 1-19-2002 by Ord. No.
3631]
C.
Fees.
(1)
The applicant shall agree, in writing, to reimburse
the Township for all costs of administration and review of the application
by the Township Engineer and/or other consultants of the Township's
choosing. Funds shall be deposited with the Township in an amount
as specified by resolution of the Board of Commissioners.
(2)
Excluding fixed administrative costs, the applicant
shall be charged only for time actually expended and detailed in bills
from the Township Engineer and/or other consultants of the Township's
choosing. Any unexpended balance of the deposit for plan review shall
be returned to the applicant following approval of the conservation
plan.
(3)
If actual time required of the Township Engineer and/or
other consultants of the Township's choosing will exceed the deposited
amount, the Township shall render to the applicant a preliminary statement
of time expended and may require an additional deposit to complete
reviews. Where required, such additional amounts must be deposited
with the Township prior to plan approval.
(4)
Fees covering the cost of inspections shall be paid
by the applicant to the Township prior to plan approval. The amounts
of these inspection fees shall be fixed by resolution of the Board
of Commissioners. If problems arise requiring more extensive involvement
of the Township Engineer and/or other consultants of the Township's
choosing, during the inspection process, any resulting costs that
exceed the initial fee will be assessed to the applicant.
A.
Major modifications of any approved conservation plan,
as determined by the Township, shall be submitted to the Director
of Building and Planning and reprocessed in the same manner as the
original plan. All development and land disturbance activities shall
be suspended pending the approval of modified plans.
[Amended 1-19-2002 by Ord. No. 3631]
B.
Field modifications of a minor nature may be approved
by the Director of Building and Zoning or Township Arborist (where
applicable), in the form of written authorization.
A.
If, at any time during inspections, the Director of
Building and Planning determines that the site work does not conform
to the approved plan, a written notice to comply shall be issued as
stipulated in § 101-17B(4) above. Such notice shall set
forth the nature of corrections required and the time within which
corrections shall be made. Failure to comply within the time specified
shall be considered a violation of this chapter, and the Township
shall issue a cease and desist order on all work on the site until
corrections are made.
[Amended 1-19-2002 by Ord. No. 3631]
B.
If, at any time during inspections, the Director of
Building and Planning determines that site work is being performed
without a required permit or conservation plan or that there has been
a violation of this chapter not involving an approved plan, a cease
and desist order shall be issued immediately, and any permit under
which work. might be conducted shall be withdrawn until corrections
are made.
[Amended 1-19-2002 by Ord. No. 3631]
C.
If corrections are not undertaken within the time specified or the applicant violates the cease and desist order, penalties shall be imposed as per § 101-19E, below, and/or the work shall be completed by the Township and the costs charged to the violator.
D.
As a condition for withdrawing a cease and desist
order, the Director of Building and Planning may impose a requirement
that a bond be posted in favor of the Township, conditioned upon remedying
the violations noted, the bond to be in the amount estimated as the
cost of correcting such violations, including administrative fees
for inspection and an additional 10%. In assessing the cost of correcting
the violations, the Director of Building and Planning may employ published
guidelines setting forth the worth of trees and living material unlawfully
removed.
[Amended 1-19-2002 by Ord. No. 3631]
E.
Anyone violating the terms of this chapter shall be
guilty of a summary offense and, upon conviction, shall be subject
to a fine or penalty of not more than $600 for each and every violation.
Each day that the violation continues after proper notification shall
be a separate offense. In addition thereto, the Township may institute
injunctive or other appropriate action or proceeding at law or equity
for the enforcement or to correct violations of this chapter.
F.
Appeals. Appeal from any action or decision of the
Director of Building and Planning or from other administrative actions
of the Township in relation to the terms of this chapter shall be
to the Board of Commissioners. Appeal from an action of the Board
of Commissioners shall be to the Montgomery County Court of Common
Pleas.
[Amended 1-19-2002 by Ord. No. 3631]
