[Amended 6-13-1977 by Ord. No. 81; 6-20-1990 by Ord. No. 119; 8-21-1996 by Ord. No. 150]
B.
Final plan.
(1)
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 also be required to furnish a cash escrow, in an amount to be completed under Subsection B(2) below, but not less than $500, in order to guarantee the payment of:
(a)
Engineering services. The services of the Township Engineer, as provided in these rules and regulations. In addition, all costs for other engineering and professional certification as deemed necessary.
(b)
Material and facilities tests. The actual cost of all drainage, water and/or material tests.
(d)
Dedications. Legal fees, advertising and other costs involved in the dedication of streets and public improvements to the Township.
(e)
Legal services. The services of the Township Solicitor for legal services incidental to the preliminary and final approval of plans of each subdivision or development or section thereof, and specifically including but not limited to the review of all plans, correspondence and permits; the preparation of subdivision and escrow agreements, easements, covenants and deeds; the attendance at any meetings with the Supervisors, the Planning Commission, the Township Engineer, the developer or the developer's representatives in connection with the development; and any telephone conferences in connection with any of the above.
(2)
Method of payment. The costs set forth in Subsections B(1)(a) through (e) above shall be estimated and escrowed at 10% of the total construction cost of the public improvements required to be built under the improvement construction plan of the final plans unless, in the judgment of the Township Engineer, a greater amount is necessary to secure the payment of the expenses which the Township is likely to incur in connection with the subdivision as described in Subsections B(1)(a) through (e) above. Such estimate shall be escrowed with the Township in cash, and the Township may draw upon the escrow as necessary to reimburse itself for the fees and costs set forth in Subsections B(1)(a) through (e) above. Simultaneously, with each such draw from the escrow of the Township, the Township shall send the developer an invoice (marked "paid") for the amount drawn specifying the particular fee, cost or expense for which the Township has drawn payment or reimbursement. The developer shall at no time permit the cash escrow required by this subsection to be reduced below an amount reasonably estimated by the Township Engineer to be necessary to reimburse the Township for the remaining fees, costs and expenses which the Township is reasonably likely to incur prior to the completion of the subdivision or land development. Within 10 days of the developer's receipt of notice from the Township that the balance of the escrow required by this subsection is deemed inadequate to cover the reasonable costs and expenses likely to be incurred by the Township, the developer shall post such additional moneys as have been specified in the notice. Subject to the dispute resolution procedure set forth in the Pennsylvania Municipalities Planning Code, as amended,[3] the refusal to post such moneys as shall be requested by the Township, shall be deemed a breach of the developer's obligations under the improvement agreement and shall entitle the Township to withhold any requested inspections or permits until such time as the escrow has been increased as requested by the Township.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Costs of processing subdivision and land development escrow accounts. The administrative costs of processing subdivision and land development escrow account release requests in accordance with Worcester Township Board of Supervisors Resolution 97-1[4] (as such resolution may be amended from time to time).
[Added 2-19-1997 by Ord. No. 156]
[4]
Editor's Note: Said resolution is on file in the Township offices.