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.
[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.