This section outlines the procedures for enforcement and amendment of
this chapter, as well as procedures for challenges and appeals of decisions
rendered under this chapter.
The applicant shall reimburse the Borough for the reasonable and necessary
expenses incurred by the Borough's professional consultants in connection
with the review of plans and supporting calculations, reports, and documentation;
review of cost estimates, financial security, stormwater management agreements,
easement agreements, deeds of dedication, and similar documentation required
in connection with the application or submitted by the applicant to comply
with conditions or offers of dedication; and inspection of required improvements,
hereinafter collectively referred to as "reviews and inspections."
A. The Borough shall submit to the applicant an itemized
bill showing the work performed in connection with reviews or inspections
performed, identifying the person performing the services and the time and
date spent for each task. In the event the applicant disputes the amount of
any such expense in connection with reviews or inspections performed, the
applicant shall, no later than 30 days after the date of transmittal of a
bill for review and/or inspection services, notify the Borough and the Borough's
professional consultant that such review and/or inspection expenses are disputed
as unreasonable or unnecessary and shall explain the basis of their objections
to the fees charged, in which case the Borough shall not delay or disapprove
a request for release of financial security, a subdivision or land development
application or any approval or permit related to development due to the applicant's
dispute of the review and/or inspection expenses. Failure of the applicant
to dispute a bill within 30 days shall be a waiver of the applicant's
right to arbitration of that bill under this section.
B. If the professional consultant and the applicant cannot
agree on the amount of expenses which are reasonable and necessary, then the
applicant shall have the right, within 45 days of the transmittal of the final
bill or supplement to the final bill to the applicant, to request the appointment
of another professional consultant to serve as an arbitrator. The applicant
and professional consultant whose fees are being challenged shall by mutual
agreement, appoint another professional consultant to review any bills the
applicant has disputed and which remain unresolved and make a determination
as to the amount thereof which is reasonable and necessary. The arbitrator
shall be of the same profession as the professional consultant whose fees
are being challenged.
C. The arbitrator so appointed shall hear such evidence
and review such documentation as the arbitrator in his or her sole opinion
deems necessary and shall render a decision no later than 50 days after the
date of appointment. Based on the decision of the arbitrator, the applicant
or the professional consultant whose fees were challenged shall be required
to pay any amounts necessary to implement the decision within 60 days. In
the event the Borough has paid the professional consultant an amount in excess
of the amount determined to be reasonable and necessary, the professional
consultant shall within 60 days reimburse the excess payment
D. In the event that the Borough's professional consultant
and applicant cannot agree upon the arbitrator to be appointed within 20 days
of the request for appointment of an arbitrator, then, upon application of
either party, the President Judge of the Court of Common Pleas of the judicial
district in which the Borough is located (or if at the time there be no President
Judge, then the senior active judge then sitting) shall appoint such arbitrator,
who, in that case, shall be neither the Borough's professional consultant
nor any professional consultant who has been retained by, or performed services
for, the Borough or the applicant within the preceding five years.
E. The fee of the arbitrator shall be paid by the applicant
if the review and/or inspection fee charged is sustained by the arbitrator,
otherwise it shall be divided equally between the parties. If the disputed
fees are found to be excessive by more than $5,000, the arbitrator shall have
the discretion to assess the arbitration fee in whole or in part against either
the applicant or the professional consultant. The Borough and the consultant
whose fees are the subject of the dispute shall be parties to the proceeding.
The Borough Council shall keep an accurate, public record of its findings,
decisions, and recommendations relevant to all applications filed with it
for review or approval.
Should any section, subsection or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, such decisions shall not
affect the validity of the chapter as a whole, or of any other part thereof.
Whenever there is a difference between the minimum applicable standard
specified herein and those included in other applicable Borough regulations,
the more stringent requirement shall apply.