Before the Borough Council shall cause its approval
to be endorsed upon the final plans of any subdivision or land development
(except in the case of minor subdivision, wherein the Council imposes
no condition or conditions for the approval of the plan) and as a
requirement for the approval thereof, the owners shall enter into
a written agreement with the Borough in the manner and form set forth
by the Borough Solicitor, where they shall agree:
A.
To construct or cause to be constructed, at his own
expense, all streets, curbs, sidewalks, fire hydrants, streetlights,
drainage facilities, street signs, monuments, capped sewers, parks
and other improvements shown on said final plan, when required to
do so by the Borough Council in accordance with the final plans, as
finally approved, and in strict accordance with the standards and
specifications of the Borough.
B.
To maintain, at his own cost, the said streets, curbs,
sidewalks, drainage facilities, street signs, parks, monuments, fire
hydrants, streetlighting, capped sewers and other improvements until
the same are accepted or condemned by the Borough for public use and
for a period of one year thereafter to repair and reconstruct the
same or any part of one of them when such repair or reconstruction
shall be specified by the Borough Council as necessary by reason of
faulty construction, workmanship or materials and at or before acceptance
of such improvements by the Borough.
C.
To remove or cause to be removed, at his own expense
and without any cost to the Borough, from all said streets all snow
and/or ice fallen or formed thereon within 24 hours after the same
shall have ceased to have fallen or formed.
D.
To install or cause to be installed, at his own expense
and without any cost to the Borough for any part of such installation,
streetlighting facilities on all streets within and abutting the subdivision,
if proposed to be dedicated to the Borough, as required by this chapter.
E.
To pay all costs, charges or rates of the utility
furnishing electric service for the lighting of the streets on or
abutting said subdivision from the lights installed by the owner,
until such time as the streets shown on the subdivision plans shall
be accepted as public streets of the Borough by ordinance and to indemnify
and save harmless the Borough from and against all suits, actions,
claims and demands for electric service to the streets shown on said
plans or any part thereof to the time that the said streets shall
be accepted as public streets of the Borough in the manner hereinabove
set forth.
G.
To obtain the easements and releases required when
any street, drainage facility or other improvement wherein a subdivision
abuts or traverses lands of persons other than the person holding
legal title to the lands of the subdivision at his own cost and obtain
from the owner of the lands so abutted or traversed full releases
from all damages which may result from change in grade, construction
or otherwise of the street, drainage facility or other improvement,
and such releases shall inure to the benefit not only of the owner
of the subdivision but to the Borough as well.
A.
In order to assure the Borough that the streets, drainage
facilities, curbs, sidewalks, street signs, fire hydrants, streetlighting
facilities, monuments, parks and capped sewers shown on said final
plans and other improvements shown on said final plans, which the
Borough Council shall require the owner to install at his own expense,
will be constructed and installed in strict accordance with the plans,
as finally approved, and with the standards, regulations and specifications
of the Borough and will be maintained until accepted or condemned
by the Borough; the owner shall furnish to the Borough a bond with
such surety as the Borough Council shall approve or, in lieu thereof,
when deemed adequate by the Borough Council, shall deposit with the
Borough securities, in either case, in an amount sufficient to cover
cost, as estimated by the Borough Engineer or Borough Council, of
the construction and installation of the aforesaid improvements, of
lighting the streets and removing any and all snow and/or ice from
the streets, until the same shall be accepted by the Borough.
B.
In lieu of posting bond or depositing securities as above provided, the owner may elect to deposit with the Borough funds in an equivalent amount to be held in escrow in accordance with the terms of a written escrow agreement prepared by the Borough Solicitor, which shall be entered into by the owner, the Borough and the escrow agent, if any. Such escrow agreement shall provide that as the the work of constructing the required public improvements progresses, the Borough or escrow agent holding said funds will release and refund to the order of the owner from the funds deposited sums equivalent to the estimated value of work completed, less a ten-per-centum retainer, upon delivery of a certificate of completion signed by the owner, the subcontractor performing the work, the Borough Engineer and the Borough Manager; otherwise said funds to be held by the Borough or escrow agent to the benefit and use of the Borough in the event the owner fails or neglects to perform the terms provided for under § 164-63.
C.
After the owner shall have completed all of the improvements required by said escrow agreement and has received the final payment provided under the aforementioned escrow agreement and after the Borough Council shall have accepted the streets, facilities and other improvements in the manner provided in § 164-14C, the 10% remaining in the fund shall serve to guarantee the maintenance, repair or reconstruction of the said improvements and the removal of any and all snow and/or ice from the said streets, by the owner, for a period of one year thereafter, required under the provisions of § 164-63B and § 164-64B, and the said remaining fund will, upon faithful compliance with those provisions, be released and refunded to the owner upon the signatures of the President and Secretary of the Borough Council. Nothing herein contained shall prevent the owner from substituting a maintenance bond, and in such case, the 10% remaining in the fund shall be released and refunded at the same time maintenance bond is accepted by the Borough Council.
D.
The improvement guaranty, whether in the form of bond
or deposit agreement, shall be conditioned upon:
(1)
The owner constructing and installing or causing to
be constructed or installed, in strict accordance with the final plans,
as finally approved, and with the Borough standards and specifications,
the streets, drainage facilities, curbs, sidewalks, street signs,
lighting facilities, monuments and parks, capped sewers shown on said
plans and such other improvements shown on said plans, as the Borough
Council may require the owner to construct or install.
(2)
The owner maintaining, at his own cost, the said streets,
curbs, drainage facilities, sidewalks, street signs, parks, monuments,
capped sewers and other improvements until the same are accepted or
condemned by the Borough for public use and for a period of one year
thereafter repairing and reconstructing the same or any part of one
of them when such repair or reconstruction shall be specified as necessary,
by reason of faulty construction, by the Borough Council.
(3)
The payment by the owner of the cost of lighting the
streets in the subdivision until such time as the same are accepted
as Borough streets by ordinance of the Council or by condemnation
proceedings.
(4)
The payment by the owner of the cost of removing from
the said streets any and all snow and/or ice fallen or formed thereon.
(5)
The payment of the inspection fees required by this
chapter.
(6)
The faithful performance by the owner of the contract
provided for in this chapter.
[Amended 11-21-2005 by Ord. No. 897]
Plans are required for all lot line adjustments
subdivisions or land developments in accordance with the procedures,
plan requirements and design standards set forth in this chapter.
[Amended 11-21-2005 by Ord. No. 897]
For the purpose of having a subdivision or land
development reviewed and approved by the Borough Council or by the
Borough Planning Commission in the case of a lot line adjustment or
minor subdivision, the applicant shall file with the Borough Manager
the respective plans and applications (See Appendix A.[1]) in accordance with Article II of this chapter.
[1]
Editor's Note: Appendix A is on file and available
in the office of the Borough Secretary.
A.
A tentative sketch plan may be submitted by the applicant
as a basis for informal discussion with the Planning Commission.
B.
Data furnished in the tentative sketch plan shall
include the following information:
(1)
Name of the subdivision or land development.
(2)
Name and address of the owner.
(3)
Name and address of the engineer, surveyor or architect.
(4)
Tract boundaries.
(5)
North point and date.
(6)
Location map.
(7)
Streets on and adjacent to the tract.
(8)
Significant topographical and physical features.
(9)
Proposed general street layout.
(10)
Proposed general lot layout or building layout.
(11)
Contours based on United States Geological Survey
topography.
(12)
Site plan, showing soil conditions, drainageways,
vegetative cover and slopes.
(13)
Indication of size and placement of buildings,
number of units and their size, length and width of sidewalks and
drives.
(14)
Detailed plan indicating adjacent properties,
types of land use and natural features, including forested areas,
floodplains, drainage swales, etc.
(15)
Method of managing and controlling open space
area.
(16)
The one-hundred-year flood line.
(17)
Estimated average and peak volumes of water
needed to serve the proposed subdivision or land development; an indication
of the available water volume for fire flow and the water volume required
to satisfy the Insurance Services Office (ISO) standards for fire
protection.
[Added 8-7-1989 by Ord. No. 621]
The preliminary plan shall show or be accompanied
by the following information:
A.
Drafting standards.
(1)
The plan shall be drawn at a scale of one inch equals
50 feet or one inch equals 100 feet, or larger, of a standard engineering
scale.
[Amended 11-21-2005 by Ord. No. 897]
(2)
Dimensions shall be in feet and decimal parts thereof;
and bearings in degrees, minutes and seconds.
(3)
Each sheet shall be numbered and shall show its relationship
to the total number of sheets.
(4)
Where any revision is made or when the plan is a revision
of a previously approved plan, dotted lines shall be used to show
features or locations to be abandoned and solid lines to shown the
presently proposed features.
(5)
The plan shall be so prepared and bear an adequate
legend to indicate clearly which features are existing and which are
proposed.
B.
Information to be shown: general.
(1)
Name of the subdivision or land development.
(2)
Name and address of the owner.
(3)
Name and address of the engineer, surveyor or architect
responsible for the plan.
(4)
Present zoning classification.
(5)
Date, North point and scale.
(6)
A location map for the purpose of locating the site
to be subdivided or developed at a scale of not less than 800 feet
to the inch, showing the relation of the tract to adjoining property
and to all streets, roads and municipal boundaries existing within
1,000 feet of any part of the property proposed to be subdivided or
developed.
C.
Existing features.
(1)
A complete outline survey of the property to be subdivided
or developed, showing all courses, distances and area and tie-ins
to all adjacent street intersections.
(2)
The location, names and widths of streets, the location
and name of railroads, the location of property lines and name of
owners, the location of watercourses, sanitary sewers, storm drains
and similar features within 400 feet of any part of the land to be
subdivided or developed.
(3)
The location of all existing monuments with references
to them.
(4)
The location, size and ownership of all underground
utilities and any rights-of-way within the property.
(5)
Appropriate contours at two- to five-foot intervals
with sufficient details to show the course, structure and capacity
of all drainage facilities and the method of drainage of the adjacent
or contiguous territory. All ground contours shall be taken from United
States Coast and Geodetic benchmarks and run direct to the degree
that the actual elevations of the spot points or contours shall be
the exact elevations above United States Coast and Geodetic data.
(6)
The location, character of existing buildings, species
and size of large trees standing alone, the outline of all wooded
areas, quarries, marshy areas, areas subject to inundation and other
data which may serve to affect the street or building layout.
(7)
The one-hundred-year flood line.
(8)
Aerial photograph of the site and the area within
a minimum of approximately 400 feet of the site, at a scale of one
inch equals 100 feet or larger, of the most recent DVRPC aerials.
[Added 11-21-2005 by Ord. No. 897]
D.
Proposed layout.
[Amended 9-19-1988 by Ord. No. 604; 8-7-1989 by Ord. No. 621]
(1)
The layout of streets, including name and width of
streets, alleys and crosswalks.
(2)
The layout and approximate dimensions of lots.
(3)
The arrangement of buildings and parking areas in
commercial and multifamily developments, with all necessary dimensions
noted on the plan.
(4)
Applicable zoning requirements and the location of
zoning district boundary lines affecting the subdivision.
(5)
A reference to any land dedicated for public use or
offered for dedication for parks, recreation areas, schools, widening
of streets or other public uses.
(6)
For multifamily developments, the total area, total
dwelling units, number of buildings, proposed density, total parking
spaces, building coverage and the bedroom ratio shall be on the plan.
(7)
For subdivisions, the total area, number of lots,
average and minimum lot size and proposed length of new streets shall
be noted on the plan.
(8)
The location and size of storm drains, sanitary sewers,
culverts, watercourses and all appurtenances thereof, on-site sewage
disposal facilities, gas mains, water mains, fire hydrants, streetlights,
planting, special structures and other underground conduits or structures.
(9)
Building setback lines, established by zoning or other
ordinances or deed restrictions, with distances from the right-of-way
line.
(10)
An indication of any lots in which other than
a residential use is intended.
(11)
Rights-of-way and/or easements proposed to be
created for all drainage purposes, utilities or other pertinent reasons.
(12)
Tentative typical cross sections and center-line
profiles for each proposed street shown on the preliminary plan. These
plans may be submitted as separate sheets.
(13)
Where the preliminary plan covers only a part
of the owner's entire holding, a sketch shall be submitted of the
prospective street layout for the remainder.
(14)
The words "preliminary plan — not
to be recorded" shall be shown on the plan.
(15)
All open spaces shall be so identified and their
proposed use and level of maintenance specified in all performance
standard subdivisions.
(16)
A plan for planting is required for open space
subdivision; this plan shall show the location of all existing trees
greater than three inches in caliper. All new plantings shall indicate
species and size.
(17)
The location of all trees to be saved, including
their trunk and dripline locations. Driplines should be plotted accurately,
to scale. When groups of trees are to be saved, only the locations
of the trees on the perimeter must be shown.
(18)
The tree protection zone shall be indicated
on the plan.
(19)
The location of proposed retaining walls around
trees shall be shown.
(20)
Construction details of all retaining walls
shall be provided, including special soil and fill mediums where applicable.
Any grade changes which would alter surface and/or subsurface water
movement either to or from the tree protection zone must also be indicated.
(21)
A table showing open space ratio, density and
impervious surface ratio.
(23)
Estimated average and peak volumes of water
needed to serve the proposed subdivision or land development; an indication
of the available water volume for fire flow and the water volume required
to satisfy the Insurance Services Office (ISO) standards for fire
protection.
[Amended 9-19-1988 by Ord. No. 604; 8-7-1989 by Ord. No.
621; 11-21-2005 by Ord. No. 897]
The lot line adjustment or minor subdivision
plan shall show or be accompanied by the following information:
B.
Information to be shown: general.
(1)
Name of the subdivision.
(2)
Name and address of the owner.
(3)
Name and address of the engineer or surveyor responsible
for the plan.
(4)
Zoning classification and requirements.
(5)
Date, North point and scale.
(6)
A location map for the purpose of locating the site
at a scale of not less than 800 feet to the inch.
C.
Existing features.
(1)
Complete outline survey of the property to be subdivided,
showing all courses, distances and areas and tie-ins to all adjacent
street intersections.
(2)
The location, names and widths of streets, the location
of property lines and names of owners and the location of watercourses,
sanitary sewers, storm drains, easements and similar features.
(3)
The location and character of existing buildings,
wooded areas and other features.
(4)
The one-hundred-year flood line.
(5)
Aerial photograph showing the site in relation to
the surrounding properties, at a scale of one inch equals 100 feet
or larger, of the most recent DVRPC aerials. This is not required
for a lot line adjustment.
D.
Proposed layout.
(1)
Proposed layout of lots.
(2)
Lots numbered.
(3)
Building and setback lines.
(4)
Total area and minimum lot size.
(6)
Estimated average and peak volumes of water needed
to serve the proposed subdivision; an indication of the available
water volume for fire flow and the water volume required to satisfy
the Insurance Services Office (ISO) standards for fire protection.
This is not required for a lot line adjustment.
The final plan shall show or be accompanied
by the following information:
A.
Drafting standards.
(1)
The plan shall be drawn at a scale of one inch equals
50 feet or one inch equals 100 feet, or larger, of a standard engineering
scale.
[Amended 11-21-2005 by Ord. No. 897]
(2)
The plan shall be a clear and legible white paper
print.
(3)
Dimensions shall be in feet and decimals to the nearest
hundredth of a foot; and the bearings in degrees, minutes and seconds.
(4)
Each sheet shall be numbered and shall show its relationship
to the total number of sheets.
(5)
Final plans shall be on sheets either 18 inches by
22 inches or 36 inches by 44 inches, and all lettering shall be so
drawn as to be legible if the plan should be reduced to half size.
B.
Information to be shown: general.
(1)
Name of the subdivision or land development.
(2)
Name and address of the owner.
(3)
Name and address of the engineer, surveyor or architect
responsible for the plan.
(4)
Date, North point and scale.
(5)
A location map for the purpose of locating the site
to be subdivided or developed at a scale of not less than 800 feet
to the inch, showing the relation of the tract to adjoining property
and to all streets, roads and municipal boundaries existing within
1,000 feet of any part of the property proposed to be subdivided or
developed.
C.
Existing features.
(1)
Complete outline survey of the property to be subdivided
or developed, showing all courses, distances and area and tie-ins
to all adjacent street intersections.
(2)
The location, names and widths of streets, the location
and names of railroads, the location of property lines and names of
owners, the location of watercourses, sanitary sewers, storm drains
and similar features within 400 feet of any part of the land to be
subdivided or developed.
(3)
The location, size and ownership of all underground
utilities and any rights-of-way within the property.
(4)
The location and character of existing buildings,
the location and size of trees, the outline of all wooded areas, quarries,
marshy areas, areas subject to inundation and other data.
(5)
The one-hundred-year flood line.
(6)
Aerial photograph of the site at a scale of one inch
equals 100 feet or larger, of the most recent DVRPC aerials.
[Added 11-21-2005 by Ord. No. 897]
D.
Proposed layout.
[Amended 8-7-1989 by Ord. No. 621]
(1)
The lot layout, including dimensions and bearings
and consecutive numbering of lots.
(2)
The proposed names, cartway width and right-of-way
width of all proposed streets.
(3)
The arrangement of buildings and parking areas in
commercial and multifamily developments with all necessary dimensions
noted on the plan.
(4)
Sufficient data to determine readily the location,
bearing and length of every street, lot and boundary line.
(5)
The proposed building setback line for each street
or the proposed location of each building.
(6)
Accurate locations of all monuments, one to be placed
at each change in direction of boundary, two to be placed at each
street intersection and one on one side of each street at angle points
and at the beginning and end of curves. Utility easements shall be
monumented at their beginning and at their end and areas to be conveyed
for public use shall be fully monumented at their external boundaries.
(7)
The location, width and purpose of all easements or
rights-of-way and boundaries by bearings and dimensions.
(8)
For multifamily developments, the total area, total
dwelling units, number of buildings and proposed length of new streets
shall be noted on the plan.
(9)
For subdivisions, the total area, number of lots,
average and minimum lot size and proposed length of new streets shall
be noted on the plan.
(10)
The location, size and inverted elevations of
all sanitary sewers, storm sewers and locations of all manholes, inlets
and culverts and design calculations of same, along with the plan
and profile of same and any appurtenances.
(11)
The location of all existing and proposed fire
hydrants and utilities.
(12)
Typical cross sections and street profiles for
all streets. Such profiles shall show the existing and proposed grades
along the proposed street center lines.
(13)
Estimated average and peak volumes of water
needed to serve the proposed subdivision or land development; an indication
of the available water volume for fire flow and the water volume required
to satisfy the Insurance Services Office (ISO) standards for fire
protection.
(14)
Certification of water and sewer facilities
as from the municipal authority.
(15)
All open spaces shall be so identified and their
proposed use and level of maintenance specified in all performance
standard subdivisions.
(16)
A plan for planting is required for open space
subdivisions; this plan shall show the location of all existing trees
greater than three inches in caliper. All new planting shall indicate
species and size.
(17)
A table showing open space ratio, density and
impervious surface ratio.
The record plan shall be clear and legible blue- or black-line print on white opaque linen and shall be an exact copy of the approved final plan on a sheet of the size required for final plans. The following information shall appear on the record plan, in addition to the information required in § 164-70:
B.
Acknowledgments.
(1)
A statement to the effect that the applicant is the
owner of the land proposed to be developed and that the subdivision
or land development shown on the final plan is made with his or their
consent and that it is desired to record the same.
(2)
Acknowledgment of said statement before an officer
authorized to take acknowledgments.
C.
The following signatures shall be placed directly
on the plan in black India ink:
(1)
The signatures of the owner or owners of the land.
If the owner of the land is a corporation, the signatures of the president
and secretary of the corporation shall appear.
(2)
The signature of the notary public or other qualified
officer, acknowledging the owner's statement of intent.
(3)
The signature of the licensed engineer or surveyor
who prepared the plan.
(4)
The signature of the Chairman and Secretary of the
Borough Planning Commission.
(5)
The signatures of the Chairman and Executive Director
of the Bucks County Planning Commission, acknowledging that the plan
has been approved or reviewed by the Commission.
(6)
The signature of the Borough Engineer.
(7)
The signature of the President and Secretary of the
Borough Council.
(8)
The signature of an agent for the Bucks County Department
of Health on either of the following title blocks as appropriate:
[Added 9-19-1988 by Ord. No. 604]
(a)
Individual lot subsurface absorption systems:
Evaluation of deep test holes, the recording of limiting zones and
the witnessing of percolation tests have been observed on all lots
by the Bucks County Department of Health and it has been determined
that Lot Nos. _________ are suitable for individual sewage disposal
systems, provided that no change in the physical conditions in the
land occurs and the individual sewage disposal system design meets
the additional requirements of Chapter 73. Permits for the construction
of each individual sewage disposal system on each lot must be obtained
prior to the commencement of construction of the system and/or building.
|
Date
|
(Signature of Bucks County Department of Health
Agent)
| |
|
Title
|
(b)
Community subsurface absorption systems. The
Bucks County Department of Health has reviewed the design of the proposed
community on-site subsurface absorption system along with the required
deep test hole and percolation tests. For community on-site subsurface
systems involving flows greater than 10,000 gallons per day, the Bucks
County Department of Health has also obtained review of the system
by the Pennsylvania Department of Environmental Protection. It has
been determined that the system is suitable for treating _________
gallons per day or _________ dwelling units under the current rules
and regulations. Permits for construction of the community on-site
subsurface absorption system must be obtained prior to the commencement
of construction of the system and/or dwelling units.
|
Date
|
(Signature of Bucks County Department of Health
Agent)
| |
|
Title
|
A.
The above requirements for preliminary and final plans
and for the supporting data may be modified by the Borough Council
as warranted by special circumstances.
B.
In subdivisions requiring no new streets and in the
case of resubdivision, the requirements for the contours may be waived
at the discretion of the Planning Commission.
[Added 5-21-1990 by Ord. No. 644[1]]
A.
If any mandatory provisions of these regulations are
shown by the applicant, to the satisfaction of the Borough Council
to be unreasonable, to cause undue hardship or that an alternate standard
can provide equal or better results, the Borough Council may grant
a modification to that provision. A modification may be granted, provided
that it will not be contrary to public interest and the purpose and
intent of this chapter is maintained.
B.
All requests for modification shall be in writing
and signed by the applicant. The request shall state the reasons and
grounds for why the provision is unreasonable or the hardship imposed,
and shall discuss the minimum modification necessary.
C.
It is not sufficient proof of hardship to show that
greater profit would result if the modification were granted. Furthermore,
hardship complained of cannot be claimed by one who purchases with
or without knowledge of restrictions; it must be from the application
of this chapter; it must be suffered directly by the property in question;
and evidence of a modification granted under similar circumstances
shall not be considered.
D.
The Borough Council shall request an advisory opinion
on the modification request from the Borough Planning Commission.
E.
In granting modifications, the Borough Council may
impose such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so modified.
F.
The Borough shall keep a written record of all requests
for modifications.
G.
If a modification is granted, it shall be referenced
in the conditions of approval of the plan, and shall apply only to
that plan.
[1]
Editor's Note: This ordinance also repealed
former § 164-73, Variances for hardships.
[1]
Editor's Note: Former § 164-74,
Additional conditions on variances, was repealed 5-21-1990 by Ord.
No. 644.
A.
The owner shall pay to the Borough reasonable engineering fees incurred by the Borough for the services of the Borough Engineer incidental to the examination and other work incidental to the approval of each subdivision or development, or section thereof, and shall also pay to the Borough reasonable legal fees incurred by the Borough for legal services incidental to the preliminary discussions and negotiations with respect to the approval of such plans of each subdivision or development, or section thereof, the approval thereof and the drafting of the contracts and bonds required by §§ 164-63 and 164-64 and for legal services required by the Borough which may arise by reason of the approval of such plans of each subdivision or development, or section thereof, inclusive of the cost of legal services incidental to the final acceptance by the Borough of the streets laid out on the subdivision.
B.
The engineering and legal fees required to be paid
by this chapter shall be promptly paid to the Borough by the owner
upon the submission of bills thereof to the owner by the Borough,
from time to time, as such fees are billed to the Borough or Authority
by its engineers or attorneys.
C.
To the engineering and legal fees required to be paid
to the Borough by this chapter, there shall be added the sum of 3%,
which the owner shall pay to the Borough as reimbursement to the Borough
of the costs incurred by the Borough for the collection of such fees
and the disbursement of the same to the Borough Engineer and Borough
Solicitor.
D.
A deposit in accordance with § 164-10C of this chapter shall be required at the time of submission of the preliminary plans in order to cover engineering and legal fees incurred during review and approval of subdivision or land development plans.
E.
In the event that the applicant disputes the amount
of any such expense in connection with the review of a plan or the
inspection of improvements:
[Added 5-21-1990 by Ord. No. 644]
(1)
Within 10 working days of the date of billing, the
applicant shall notify the Borough that such expenses are disputed
as unreasonable or unnecessary, in which case the Borough shall not
delay or disapprove a subdivision or land development application
or any approval or permit related to development due to the applicant's
request over disputed engineer expenses.
(2)
If within 20 days from the date of billing, the municipality
and the applicant cannot agree on the amount of expenses which are
reasonable and necessary, then the applicant and Borough shall jointly,
by mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(3)
The professional engineer so appointed shall hear
such evidence and review such documentation as the professional engineer
in his or her sole opinion deems necessary and render a decision within
50 days of the billing date. The applicant shall be required to pay
the entire amount determined in the decision immediately.
(4)
In the event that the Borough and applicant cannot
agree upon the professional engineer to be appointed within 20 days
of the billing date, then upon application of either party, the President
Judge of the Court of Common Pleas of Bucks County (or if at the time
there is no President Judge, then the senior active judge then sitting)
shall appoint such engineer, who, in that case, shall be neither the
Municipal Engineer nor any professional engineer who has been retained
by or performed services for the municipality or the applicant within
the preceding five years.
(5)
The fee of the appointed professional engineer for
determining the reasonable and necessary expenses shall be paid by
the applicant if the amount of payment required in the decision is
equal to or greater than the original bill. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the Borough shall pay the fee of the professional engineer,
but otherwise the Borough and the applicant shall each pay 1/2 of
the fee of the appointed professional engineer.
A.
Three days prior to the commencement of any operation
in the construction or installation of streets, curbs, sidewalks,
drainage facilities, street signs, monuments and capped sewers, the
owner shall notify the Borough Engineer, who shall inspect the work,
materials, construction and installation to assure that the same are
in accordance with Borough requirements.
B.
The Borough Engineer shall be authorized to have such
tests of materials made in order to have proper control of materials.
The owner shall pay to the Borough the cost of such tests, plus 3%,
to reimburse the Borough for the collection of such fees and disbursement
of same to the Borough Engineer.
A.
Applications for construction permits for streets,
highways, culverts, bridges, storm sewers, sanitary sewers, water
mains, dams or other structures shall be filed with the Borough Secretary
on the form supplied by the Borough and shall be accompanied by four
sets of plans and specifications prepared by a registered engineer,
setting forth the location and nature of work, together with all engineering
data necessary for completion of work and shall be verified by an
affidavit made by or on behalf of the owner or owners. A fee of $10
shall accompany each application for construction permit.
B.
Upon approval of the construction permit applications
plans and specifications by the Borough Engineer, the Secretary shall
issue a construction permit to the owner of the property. The said
owner shall pay the cost of any necessary material tests made and
shall reimburse the Borough for the necessary inspection at the rate
of $3 per hour for each hour that a Borough inspector is on the project;
provided, however, that if the owner shall employ a registered professional
engineer to supervise and inspect construction, who shall file with
the Borough Engineer a certificate that the construction has been
carried out in compliance with the approved plans and Borough specifications,
the foregoing inspection charge at the rate of $3 per hour shall not
be made.
