1242.01 FILING FEE
The filing fee shall be as fixed annually by the Board of Commissioners by resolution. Any additional costs of review, design, inspection or maintenance by the Township and/or the Municipal Engineer and Solicitor shall be borne by the applicant.
When the plans of streets and other improvements have been approved as provided in these Subdivision Regulations, the subdivider shall first notify the Board of Commissioners of his or her intention to proceed with the construction or installation of said streets and improvements. Notification shall be made at least forty-eight hours before any such construction or installation shall commence, so as to give the Board of Commissioners or the Municipal Engineer an opportunity to inspect the site prior to commencement of work and to inspect installation or construction of said streets and improvements during the course of the work being performed.
1242.03 MAINTENANCE BOND
Prior to any street or other improvement being accepted by the Township as herein provided, the subdivider shall post a maintenance bond and/or other security, naming the Township as obligee, in an amount deemed adequate by the Board of Commissioners to remedy any defects which are caused by defective or inferior materials or workmanship and which may develop during a period of two years from the date of acceptance by the Township.
In any case where the Board of Commissioners disapproves a subdivision plan, any person aggrieved thereby may, within thirty days thereafter, appeal to the Court of Common Pleas of Erie County, Pennsylvania, in accordance with Article X-A of the Pennsylvania Municipalities Planning Code.
(a) Whoever violates or fails to comply with any of the provisions of these Subdivision Regulations shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than five hundred dollars ($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 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 provision 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 County Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment 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.