[Ord. 512, 3/26/1996, § 14-18.1; as amended by
Ord. 539, 12/11/1995, § 1]
1.
The owner shall pay to the Township reasonable engineering fees incurred
by the Township for the services of the Township Engineer and/or inspectors
from the Township Engineer's staff incidental to the examination
and inspection of the construction of improvements and incidental
to the final acceptance by the Township of the public improvements,
as well as all costs of inspections by Township employees not otherwise
covered by permit fees. This inspection by the Township Engineer's
office may be required on a full-time basis during all periods when
construction on the public improvements is taking place.
2.
The owner shall also pay to the Township reasonable legal fees incurred
by the Township for legal services incidental to the approval of plans
for each subdivision or land development or section thereof and the
drafting of development agreements, escrow agreements and any other
documents required by this chapter.
3.
The owner shall also pay to the Township reasonable fees incurred
by the Township for professional consultants for review of plans for
each subdivision or land development or section thereof.
4.
The owner shall pay to the Township all costs for testing concrete
materials used in the construction of public improvements including,
but not limited to concrete curb and concrete sidewalk. The tests
shall be made for each day's pour or 50 cubic yards of concrete
pour, whichever occurs first. Each series of tests will include:
5.
To the engineering, legal and consultant fees required to be paid
to the Township by this section, there shall be added the sum of 3%,
which the owner shall pay to the Township as reimbursement to the
Township of the costs incurred by the Township for the collection
of such fees and the disbursement of the same to the Township Engineer,
Solicitor or consultant.
[Ord. 524, 12/31/1991; as amended by Ord. 539, 12/11/1995,
§ 1]
1.
A deposit in the amount of $25 per lot shall be required at the time
of submission of the preliminary plans in order to cover engineering,
legal and consultant fees incurred during review and approval of subdivision
or land development plans.
2.
The engineering, legal and other fees required to be paid pursuant to § 22-801 shall be paid to the Township by the owner within 30 days of submission of bills therefore to the owner by the Township. No final approval of any plan shall be given until all necessary fees have been paid in full. Failure to pay any such fee when due shall result in revocation of the building permit. In the event that any bill for such fees is rendered and not paid within 30 days, whether before or after the final approval of the subdivision, interest shall be added to said bill at the rate of 1 1/2% per month.
3.
Should the owner dispute the amount of any fees charged by the Township
Engineer or consultant, the owner shall, within 10 working days of
the date of billing, notify the Township that such fees are disputed
as unreasonable or unnecessary, in which case the Township shall not
delay or disapprove a subdivision or land development application
or any approval or permit related to development due to said dispute.
The procedure for the resolution of said disputed fees shall be as
set forth in Section 510(g) of the Municipalities Planning Code, 53
P.S. § 10510(g).
[Ord. 512, 3/26/1990, § 14-8.2; as amended by Ord.
524, 12/31/1991]
1.
Conditions. The Township shall have no obligation to take over and
make public any street or other improvements unless:
2.
Acceptance. The Township shall have no responsibility with respect
to any street or other improvement, notwithstanding the use of the
same by the public, unless the street or other improvement is accepted
by ordinance or resolution of the Board of Commissioners.
[Ord. 512, 3/26/1990, § 14-8.3; as amended by Ord.
524, 12/31/1991]
1.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with this chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with the Township financial security in an amount sufficient to cover
the costs of such improvements or common amenities including basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
2.
When requested by the developer, in order to facilitate financing,
the Board of Commissioners, shall furnish the developer with a signed
copy of a resolution indicating approval of the final plat contingent
upon the developer obtaining a satisfactory financial security. The
final plat or record plan shall not be signed nor recorded until the
financial improvements agreement is executed. The resolution or letter
of contingent approval shall expire and be deemed to be revoked if
the financial security agreement is not executed within 90 days unless
a written extension is granted by the Board of Commissioners; such
extension shall not be unreasonably withheld and shall be placed in
writing at the request of the developer.
3.
Without limitation as to other types of financial security which
the Township may approve, which approval shall not be unreasonably
withheld, Federal or Commonwealth chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
4.
Such financial security shall be posted with a bonding company or
Federal or Commonwealth chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the Commonwealth.
5.
Such bond, or other security shall provide for, and secure to the
public, the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
6.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the Township may adjust the
amount of the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost for
the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Township may require the developer to post additional security
in order to assure that the financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this subsection.
7.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the applicant or developer and prepared by a professional engineer
licensed as such in this Commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Township, upon
the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Township are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this Commonwealth and chosen mutually by the Township
and the applicant or developer. The estimate certified by the third
engineer shall be presumed fair and reasonable and shall be the final
estimate. In the event that a third engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Township
and the applicant or developer.
8.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
9.
In the case where development is projected over a period of years,
the Board of Commissioners may authorize submission of final plats
by sections or stages of development subject to such requirements
or guarantees as to improvements in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
10.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Board of Commissioners
to release or authorize the release, from time to time, of such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the Board of Commissioners, and the Board of
Commissioners shall have 45 days from receipt of such request within
which to allow the Township Engineer to certify, in writing, to the
Board of Commissioners that such portion of the work upon the improvements
has been completed in accordance with the approved plat. Upon such
certification the Board of Commissioners shall authorize release by
the bonding company or lending institution of an amount as estimated
by the Township Engineer fairly representing the value of the improvements
completed or, if the Board of Commissioners fails to act within said
forty-five-day period, the Board of Commissioners shall be deemed
to have approved the release of funds as requested. The Board of Commissioners
may, prior to final release at the time of completion and certification
by its engineer, require retention of 10% of the estimated cost of
the aforesaid improvements.
11.
Where the Board of Commissioner accepts dedication of all or some
of the required improvements following completion, the Board of Commissioners
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 plat for a term not to exceed 18 months for 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 financial security shall not
exceed 15% of the actual cost of installation of said improvements.
12.
If water mains or sanitary sewer lines, or both, along with apparatus
of facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Township, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
13.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat 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 plat upon actual completion
of the improvement depicted upon the approved final plat. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following
the improvements of the streets providing access to and from existing
public roads to such building or buildings to as mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approve plat, either upon the lot
or lots or beyond the lot or lots in question if said improvements
are necessary for the reasonable use of or occupancy of the building
or buildings.
14.
Premises Identification. Prior to the issuance of any use and occupancy
permit for any new building, street signs, identifying the names of
any streets on which the property exists and all streets leading thereto
shall be installed. Further, premises identification signs as required
by § 22-203 of this West Norriton Township Building Code
(1984), as amended shall be installed on the property.
15.
No construction of buildings or work involved in the construction
or installation of public or other improvements shall be done before
6:00 a.m. or after 8:00 p.m.
16.
The owner shall be responsible to prevent the accumulation of debris
or mud on existing Township roads. The owner shall follow directions
of the Township to prevent such an accumulation, and, in the event
that any accumulation occurs, such accumulation shall be removed promptly
upon direction of the Township. Failure to promptly remove any such
accumulation shall entitle the Township, through its own forces or
through subcontractors, to remove the debris and bill over for the
work.
[Ord. 524, 12/31/1991]
1.
When the developer has completed all the necessary and appropriate
improvements, the developer shall notify the Board of Commissioner,
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 Board of Commissioners 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 Board of Commissioners, and all
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 Commissioners; 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 nonapproval
or rejection.
2.
The Board of Commissioners shall notify the developer, within 15
days of receipt of the engineer's report, in writing by certified
or registered mail of the action of said Board of Commissioners with
relation thereto.
3.
If the Board of Commissioners 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.
4.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Commissioners, the developer shall
proceed to complete the same and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
5.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings
or otherwise, any determination of the Board of Commissioners or the
Township Engineer.
6.
Where herein reference is made to the Township Engineer, he shall
be as a consultant thereto.
7.
The applicant or developer shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Board
of Commissioners and as from time to time amended. Such expense shall
be reasonable and in accordance with the ordinary and customary fees
charged by the Township Engineer or consultant to the Township when
fees are not reimbursed or otherwise imposed on applicants.
A.
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within then 10 working days of the date of billing, notify the Township
that such expenses are disputed as unreasonable or unnecessary, in
which case the Township shall not delay or disapprove a subdivision
or land development applicant or any approval or permit related to
development due to the applicant's request over disputed engineer
expenses.
B.
If, within 20 days from the date of billing, the Township and the
applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Township shall jointly,
but mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
C.
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer in his or her
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.
D.
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.
E.
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.
[Ord. 524, 12/31/1991]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plat the Board of Commissioners is hereby granted the
power to enforce any corporate bond, or other security by appropriate
legal and equitable remedies. If the proceeds of such bond, or other
security are insufficient of pay the cost of installing or making
repairs or corrections to all the improvements covered by said security,
the Board of Commissioners may, at its option, install part of such
improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action to recover
the moneys necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the security or from any
legal or equitable action brought against the developer, or both,
shall be used solely for the installation of the improvements covered
by such security, and not for any other Township purpose.
