The developer shall contact the inspecting engineer to coordinate
the construction observation schedule, notification procedures, and
other related improvement guarantee administration topics and to determine
the need for an on-site, pre-construction meeting. The developer shall
contact the inspecting engineer prior to the construction of site
improvements.
A. Inspection of improvements.
(1)
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Township Board of Supervisors,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
Engineer. The Township Board of Supervisors shall, within 10 days
after receipt of such notice, direct and authorize the Township Engineer
to inspect all of the aforesaid improvements. The Township Engineer
shall, thereupon, file a report, in writing, with the Township Board
of Supervisors, and shall promptly mail a copy of the same to the
developer by certified or registered mail. The report shall be made
and mailed within 30 days after receipt by the Township Engineer of
the aforesaid authorization from the Board of Supervisors; said report
shall be detailed and shall indicate approval or rejection of said
improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Township Engineer, said report shall contain a statement of
reasons for such non-approval or rejection.
(2)
The Board of Supervisors shall submit to the developer an itemized
bill showing the work performed in connection with the inspection
of improvements performed, identifying the person performing the services
and the time and date spent for each task.
B. Acceptance of Improvements.
(1)
The Township Board of Supervisors shall notify the developer,
within 15 days of receipt of the Township Engineer's report,
in writing by certified or registered mail of the action of said Township
Board of Supervisors with relation thereto.
(2)
If the Township Board of Supervisors or the Township Engineer
fails to comply with the time limitation provisions contained herein,
all improvements will be deemed to have been approved and the developer
shall be released from all liability, pursuant to its performance
guaranty bond or other security agreement.
C. Township Does Not Accept Improvements. If any portion of the said
improvements shall not be approved or shall be rejected by the Township
Board of Supervisors, the developer shall proceed to complete the
same and, upon completion, the same procedure of notification, as
outlined herein, shall be followed.
D. Duplication of Inspections. The Township may prescribe that the developer
shall reimburse the Township for the reasonable and necessary expense
incurred in connection with the inspection of improvements. The developer
shall not be required to reimburse the Board of Supervisors for any
inspection which is duplicative of inspections conducted by other
governmental agencies or public utilities. The burden of proving that
any inspection is duplicative shall be upon the objecting developer.
Such reimbursement shall be based upon a schedule established by ordinance
or resolution. Such expense shall be reasonable and in accordance
with the ordinary and customary fees charged by the Township's
professional consultant for work performed for similar services in
the community, but in no event shall the fees exceed the rate or cost
charged by the professional consultant to the Township for comparable
services when fees are not reimbursed or otherwise imposed on applicants.
E. Inspection expenses disputed.
(1)
Disputed engineer expenses. In the event the developer disputes
the amount of any such expense in connection with the inspection of
improvements, the developer shall, no later than 100 days after the
date of transmittal of a bill for inspection services, notify the
Township and the Township's professional consultant that such
inspection expenses are disputed as unreasonable or unnecessary and
shall explain the basis of their objections to the fees charged, in
which case the Township 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 developer's
dispute of inspection expenses. Failure of the developer to dispute
a bill within 100 days shall be a waiver of the developer's right
to arbitration of that bill under this section.
(2)
Appointment of third-party professional engineer by mutual agreement.
If the professional consultant and the developer cannot agree on the
amount of expenses which are reasonable and necessary, then the developer
shall have the right, within 100 days of the transmittal of the final
bill or supplement to the final bill to the developer, to request
the appointment of another professional consultant to serve as an
arbitrator. The developer and professional consultant whose fees are
being challenged shall, by mutual agreement, appoint another professional
consultant to review any bills the developer 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.
(3)
Determination of third-party professional engineer. 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 developer 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 Township 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.
(4)
Appointment of third-party professional engineer by Court. In
the event that the Township's professional consultant and developer
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 Township 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 Township's professional consultant nor any professional
consultant who has been retained by, or performed services for, the
Township or the developer within the preceding five years.
(5)
Payment of fee for third-party professional engineer. The fee
of the arbitrator shall be paid by the developer if the disputed fee
is upheld by the arbitrator. The fee of the arbitrator shall be paid
by the charging party if the disputed fee is $2,500 or greater than
the payment decided by the arbitrator. The fee of the arbitrator shall
be paid an equal amount by the developer and the charging party if
the disputed fee is less than $2,500 of the payment decided by the
arbitrator.
(6)
Unreasonable or excessive fees. In the event that the disputed
fees have been paid and the arbitrator finds that the disputed fees
are unreasonable or excessive by more than $10,000, the arbitrator
shall:
(a)
Award the amount of the fees found to be unreasonable or excessive
to the party that paid the disputed fee; and
(b)
Impose a surcharge of 4% of the amount found as unreasonable
or excessive to be paid to the party that paid the disputed fee.
(7)
Time limit to dispute fees. The Township or an applicant shall
have 100 days after paying a fee to dispute any fee charged as being
unreasonable or excessive.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plan as set forth in this section, the Township shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plan upon actual completion
of the improvements depicted upon the approved final plan. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following
the improvement of the streets providing access to and from existing
public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plan, either upon the lot
or lots or beyond the lot or lots in question if such improvements
are necessary for the reasonable use of or occupancy of the building
or buildings. Any ordinance or statute inconsistent herewith is hereby
expressly repealed.
Where the Board of Supervisors accepts dedication of all or
some of the required improvements following completion, the Board
of Supervisors may require the posting of financial security to secure
structural integrity of said improvements as well as the functioning
of said improvements in accordance with the design and specifications
as depicted on the final plan for a term not to exceed 18 months from
the date of acceptance of dedication. Said financial security shall
be of the same type as otherwise required in this section with regard
to installation of such improvements, and the amount of the financial
security shall not exceed 15% of the actual cost of installation of
said improvements.