Township of Upper Moreland, PA Fees and Conditions of Acceptance

§ 300-65 Plan review fees and costs.

No application for a subdivision of land or land development shall be received and processed until the applicant shall have deposited with the Township the application fee, together with a deposit to be held in escrow by the Township on account of the professional consultant review fees of the Township. The application fee and amount of escrow shall be in accordance with the fee schedule established by the Township and set forth in Chapter 140, Fees, Rates and Permits, Article VIII.

The applicant or developer shall reimburse the Township for the Township's review costs, including the reasonable and necessary charges by the Township's professional consultants for review and report thereon to the Township. Such review fees shall be based upon a schedule established annually by resolution. The Township may require the applicant or developer to deposit additional amounts on account of such review fees from time to time in the event that the amount held in escrow is insufficient to cover the reasonably anticipated costs of review by the Township's professional consultants.

The Township shall submit to the applicant or developer an itemized bill showing work 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 review fees, the applicant shall, no later than 45 days after the date of transmittal of the bill to the applicant, notify the Township and the Township's professional consultant, in writing, that such fees are disputed and shall explain the basis of the objections to the fees charged, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's dispute over fees. Failure of the applicant to dispute a bill, in writing, within 45 days shall be a waiver of the applicant's right to arbitration of that bill under § 300-67 hereof. Subsequent to a decision on an application, the Township shall submit to the applicant an itemized bill for review fees, specifically designated as a final bill. The final bill shall include all review fees incurred at least through the date of the decision on the application. If for any reason additional review is required subsequent to the decision, including inspections and other work to satisfy the conditions of the approval, the review fees shall be charged to the applicant as a supplement to the final bill.

In the event that the Township's professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the municipality shall follow the procedure for dispute resolution set forth in § 300-66, provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.

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.

In the event that the Township 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 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 engineer, who, in that case, shall be neither the Township Engineer nor any professional engineer who has been retained by or performed services for the Township or the applicant within the preceding five years.

The fee of the appointed professional engineer for determining the reasonable and necessary review fees 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 Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.

§ 300-66 Inspection fees.

The applicant or developer shall reimburse the Township for the Township's inspection costs including the reasonable and necessary charges by the Township's professional consultants for inspection of the construction of the improvements required by the approved plans. Such inspection fees shall be based upon a schedule established annually by resolution. The Township may require the applicant or developer to deposit additional amounts on account of such inspection fees from time to time in the event that the amount held in escrow is insufficient to cover the reasonably anticipated costs of inspection by the Township's professional consultants.

The Township shall submit to the applicant or developer an itemized bill showing work 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 review fees, the applicant shall, no later than 45 days after the date of transmittal of the bill to the applicant, notify the Township and the Township's professional consultant, in writing, that such fees are disputed and shall explain the basis of the objections to the fees charged. Failure of the applicant to dispute a bill, in writing, within 45 days shall be a waiver of the applicant's right of arbitration of that bill under § 300-67 hereof. Subsequent to completion of such construction, the Township shall submit to the applicant an itemized bill for inspection fees, specifically designated as a final bill. The final bill shall include all inspection fees incurred at least through the date of the decision on the application. If for any reason additional inspections are required subsequent to the decision, including inspections and other work to satisfy the conditions of the approval, the inspection fees shall be charged to the applicant as a supplement to the final bill.

In the event that the Township's professional consultant and the applicant cannot agree on the amount of inspection fees which are reasonable and necessary, then the applicant and the municipality shall follow the procedure for dispute resolution set forth in § 300-66, provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.

In the event that the Township 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 the judicial district in which the municipality is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Township Engineer nor any professional engineer who has been retained by or performed services for the Township or the applicant within the preceding five years.

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 Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.

§ 300-67 Fee arbitration.

If the Township's 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.

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. In the event that the arbitrator determines that the challenged fees are reasonable and necessary, in whole or in part, the applicant shall be required to pay any amount necessary to implement the decision within 60 days of the date of the decision.

In the event that the Township'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 Montgomery County shall appoint such arbitrator, who, in that case, shall be neither the Township's professional consultant or any professional consultant who has been retained by or performed services for the municipality or the applicant within the preceding five years.

The fee of the arbitrator shall be paid by the applicant if the review 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 Township and the professional consultant whose fees are the subject to the dispute shall be parties to the proceeding.