The Township may assess an application filing fee sufficient
to cover administrative costs including clerical labor, advertising,
storage, hardcopy and digital communication, and other similar costs
necessitated by any certain class of application, commensurate with
its scale. Such fees shall be established by resolution or ordinance
of the Board.
A.
An application review escrow deposit, in an amount that may be established
by resolution of the Board, shall be payable at the time of submission
of the application to guarantee payment of the estimated application
review fees required by this article. The actual amount of the review
fees in excess of the escrow deposit shall be payable within 45 days
of billing by the Township as an interim itemized bill. Any monies
remaining in the escrow account after all review fees have been paid
shall be returned to the applicant.
B.
Application review fees shall include reasonable and necessary charges
by the Township's professional consultants, Township Engineer
or by the Township Solicitor, to the extent permitted by law, for
review and report on the application to the Township. Such review
fees shall be based upon a schedule established from time to time
by resolution or ordinance of the Board. Such review fees shall be
reasonable and in accordance with the ordinary and customary charges
by the Township Engineer or other professional consultants for similar
service in the community, but in no event shall the fees exceed the
rate or cost charged by the Township Engineer or other professional
consultants to the Township when fees are not reimbursed or otherwise
imposed on applicants.
C.
The Township shall submit a final itemized bill or account statement
no later than 15 days following the denial, approval, or approval
with conditions of a related plan. Any statement submitted beyond
that date shall be considered a supplemental invoice.
D.
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 45 days of the billing date, notify
the Zoning Officer in writing that such fees are disputed, in which
case the Township shall not delay or disapprove a subdivision or land
development application due to the applicant's request over disputed
fees. Otherwise, no plan shall be released for recording, related
developer's agreement executed, or permits for any type of construction
issued until payment of the bill occurs.
E.
In the event that the Township and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for resolution of disputes as set forth below in § 265-702 of this chapter, provided that the professionals resolving such dispute shall be of the same profession or discipline as the consultants whose fees are being disputed.
A.
The Township shall require the reimbursement of expenses incurred
in connection with the inspection of public and private improvements,
where the inspections represent that necessary to ensure and verify
the proper construction of said improvements in connection with Township
standards.
B.
The Board shall submit to the applicant 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. In the event the applicant disputes
the amount of any such expense in connection with the inspection of
improvements, the applicant shall, no later than 30 days after the
date of transmittal of a bill for inspection services, notify the
Township and the Township Engineer 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 applicant's dispute of inspection
expenses. Failure of the applicant to dispute a bill within 30 days
shall be a waiver of the applicant's right to arbitration of
that bill under this section.
C.
Subsequent to the final release of financial security for completion
of improvements for a subdivision or land development, or any phase
thereof, the Township Engineer shall submit to the Board a bill for
inspection services, specifically designated as a final bill. The
final bill shall include inspection fees incurred through the release
of financial security.
D.
If the Township Engineer 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 Township Engineer to serve as an arbitrator.
The applicant and Township Engineer whose fees are being challenged
shall, by mutual agreement, appoint another engineer 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 Township Engineer
whose fees are being challenged.
E.
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 applicant
or the Township Engineer 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 Township Engineer an amount
in excess of the amount determined to be reasonable and necessary,
the Township Engineer shall within 60 days reimburse the excess payment.
F.
In the event that the Township's Township Engineer 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 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 Township Engineer nor any Township
Engineer who has been retained by, or performed services for, the
Township or the applicant within the preceding five years.
G.
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 Township Engineer. The Board and the consultant
whose fees are the subject of the dispute shall be parties to the
proceeding.