This article sets forth the fees and costs for the subdivision and development of land, the township 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 Franconia Township. Conditions of township acceptance of any street or site improvement and penalties for the violation of this chapter are also herein provided in this article.
[Amended 9-14-1987 by Ord. No. 136]
A. 
Application fees: Such fees shall be established via adoption of a resolution and amended as required by the Board of Supervisors.
B. 
Final plan: No fee will be charged for filing an improvement construction plan or a record plan, unless no preliminary plan has been filed, in which case the fees established for a preliminary plan will be charged. The subdivider, developer or builder will be required to execute an appropriate agreement, to provide escrow funds and to be responsible for monthly direct billings for 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 tests: 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, capital contributions, fees or escrow funds as the Franconia Township Authority may require under its regulations shall be furnished to the Authority.
A. 
Conditions. The township shall have no obligation to take over and make public any street or other improvement unless:
(1) 
The requirement improvements, utility mains and laterals and monuments shown on an approved plan or plans have been constructed to 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. 
Where the township is to accept dedication of all or some of the required improvements following completion, the applicant or developer shall post financial security to secure the structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the approved subdivision and/or land development plan for the period of 18 months from the date of acceptance of the dedication. Said financial security shall be of the same type as otherwise required in this section with regard to the installation of such improvements, arid the amount of the financial security shall be 15% of the actual cost of the installation of said improvements.
[Amended 11-12-1990 by Ord. No. 177]
[Amended 11-12-1990 by Ord. No. 177]
A. 
Any person, partnership or corporation who or which has violated any of 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 attorneys' 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 District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Pennsylvania 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 any of the provisions of this chapter, 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. 
In addition to other remedies, the township may institute and maintain an appropriate action by law or in equity to restrain, correct or abate any violations of this chapter, 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.