[Amended 3-6-2006 by Ord. No. 391]
Filing fees shall be paid to the Township at the time that subdivision and land development applications are filed. Applications are not considered filed until all fees are paid in full and a completed application (including all requisite number of plans) has been submitted. Filing fee shall be established by a resolution of the Board of Commissioners and the Montgomery County Planning Commission and amended from time to time.
A. 
County review fee: a fee charged by the county that will cover the costs of review by Montgomery County Planning Commission and established from time to time by the Montgomery County Commissioners. This fee must be paid at the time of filing.
B. 
Township review fee: The applicant shall pay a Township review fee to the Township for the Township's professional consultants’ review of subdivision and land development plans. Such review fees shall be based upon a schedule established by resolution, which shall be reasonable and in accordance with the ordinary customary charges of the Township Engineer or other professional consultants and/or attorneys for similar services in the community but in no event shall the fee exceed the rate or cost charged by the engineer or attorney to the municipality when fees are not reimbursed or otherwise imposed on the applicant.
C. 
Inspection fees, enqineering services, testing and dedication: The applicant shall pay and/or reimburse to the Township all engineering and inspection fees associated with the review of construction of subdivisions and land developments within the Township. In addition, the applicant shall pay and/or reimburse the Township for all professional consultant fees associated with the dedication of roads and other public improvements within the Township and be responsible for advertising fees and the actual costs of any required testing, including, but not limited to, drainage, water and/or material testing. The amount of the hourly rate for these fees shall be governed by the requirements of Subsection B above and shall be established by resolution of the Township from time to time.
D. 
Resolution of disputes involving fees. In the event the applicant disputes any of the fees set forth in Subsections B and C above, the procedure for such dispute shall be governed by Sections 503 and 510 of the Pennsylvania Municipalities Planning Code, which sections are incorporated herein by reference.
A. 
Conditions. The Township shall have no obligation to accept dedication of any road or other improvement unless:
(1) 
The required improvements, utility mains and laterals, and monuments, shown on an approved plan or plans have been constructed according to all requirements.
(2) 
It is established to the satisfaction of the Board of Commissioners that there is a need for the dedication of improvements.
B. 
Acceptance. The Township shall have no responsibility with respect to any road or other improvement, notwithstanding the use of the same by the public, unless the road or other improvement is accepted by an ordinance or resolution adopted by the Township Board of Commissioners.
C. 
Guarantee. The applicant shall guarantee, for a period of 18 months from the date of the ordinance or resolution accepting dedication, the stability of all materials and work to remedy all defects in materials or workmanship, all shrinkage, settlement or other faults of any kind whatsoever arising therefrom, at his own expense and to the satisfaction of the Township Engineer, when notified in writing to do so by the Township. In order to secure the guarantee as herein required, the Township shall be assured by means of a proper guarantee in the form of a maintenance bond, with surety satisfactory to the Township, or the deposit of funds or securities in escrow or other security satisfactory to the Township in an amount equal to 15% of the actual cost of the installation of said improvements, including contingencies, engineering and inspections.
[Amended 3-6-2006 by Ord. No. 391]
D. 
As-built plans. The applicant shall submit as-built plans to the Township within 30 days of the completion of all improvements.
[Added 3-6-2006 by Ord. No. 391]
(1) 
As-built plan submittals shall consist of one set of paper prints to the Township and one set to the Township Engineer. After review and final approval, the applicant shall submit to both the Township and the Township Engineer two sets of paper prints, one reproducible Mylar and one electronic version of the same information suitable for GIS application, and shall provide the Township Engineer with the same information.
(2) 
The following information shall be shown on the as-built plans:
(a) 
All improvements shall be shown.
(b) 
Plan scale (same as approved final plans).
(c) 
Streets, including right-of-way and cartway widths, curbs, shoulders, horizontal and vertical curve data, metes and bounds and grades.
(d) 
Sidewalks and handicap ramps, including widths.
(e) 
Driveway locations and widths.
(f) 
Curb, including elevations at all changes in direction.
(g) 
Concrete monuments with elevations, and property corner markers.
(h) 
Storm sewer lines, inlets and manholes, including inverts, top-of-grate elevations, pipe sizes, pipe materials, grades and direction of flow, in both plan views and profiles.
(i) 
Water mains with hydrants, valves and laterals, including pipe sizes and pipe materials.
(j) 
Sanitary sewer lines and manholes, including lateral stationing and invert at main, lateral length, lateral invert at trap, pipe sizes, pipe materials, grades and direction of flow in both plan views and profiles.
(k) 
Gas, electric, cable and telephone lines, including pipe sizes, pipe materials, transformers and valves.
(l) 
Detention basins, including berm width and elevation, spillway width and elevation, inverts, pipe sizes, pipe materials and pipe grades.
(m) 
Street trees, including species and caliper.
(n) 
Traffic signs, including legends.
(o) 
Street lights, including manufacturer, model number and type of lamp.
(p) 
Street addresses for each lot, including number and street name.
(q) 
Paving cross-sections.
(3) 
As-built plans shall be signed and sealed by the responsible professional engineer and/or professional land surveyor.
A. 
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 except the seller or transferor from such penalties or from the remedies herein provided.
B. 
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 any ordinance adopted pursuant to Article V of the Pennsylvania Municipalities Planning Code, as amended.[1]
(1) 
This 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.
(2) 
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 subdivision or 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 real property.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
[Amended 11-26-1990 by Ord. No. 217]
A. 
Any person, partnership, or corporation who or which has violated the provisions of this chapter enacted under the Pennsylvania Municipalities Planning Code, as amended, or prior enabling laws 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 fees incurred by the 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 District Justice. 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 District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance 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 District Justice, and thereafter each day that a violation continues shall constitute a separate violation.
B. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C. 
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.