[Ord. -/-/1985, -/-/1985, § 801; as amended by
Ord. 91-O-2, 2/18/1991, § 9]
1.
The Board of Supervisors shall establish by resolution a schedule of fees and a collection procedure for all applications and other matters pertaining to this Chapter 22.
2.
No action shall be taken by either Planning Commission until all
fees are paid and the applications are complete and the application
has been accepted by the Zoning Officer.
3.
Reimbursement for any engineering, legal or service expense incurred
in behalf of the developer shall be paid by the developer to the Township
in full within 30 days from the date of invoice rendered. Failure
to make such payment shall give the Zoning Officer and/or Township
Building Official the right to cease processing any proposed plans
or, if work has commenced, to issue stop work orders or recall any
building permits and hold in abeyance any additional building permits
that may be requested; such restrictions to apply only to the development
for which payment is in arrears.
4.
In the event the applicant disputes the amount of any such expense
in connection with the review of a plan, or the inspection of improvements,
the applicant shall, within 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 application or any approval or permit
related to development due to the applicant's request over disputed
engineer expenses.
5.
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 municipality shall jointly,
by 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.
6.
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.
7.
In the event that the Township and the 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
be 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.
8.
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 municipality
shall pay the fee of the professional engineer, but otherwise the
municipality and the applicant shall each pay 1/2 of the fee of the
appointed professional engineer.
[Ord. -/-/1985, -/-/1985, § 802]
1.
The Board of Supervisors shall appoint one or more qualified inspectors to enforce the provisions of this Chapter 22 and the accompanying design standards and improvement specifications.
2.
Inspection of actual construction under any approved subdivision
plan shall be the responsibility of the appointed inspector as the
agent of the Township, who shall undertake reasonable measures to
provide an adequate inspection of all projects.
3.
At a minimum, inspections shall be made at the following stages:
4.
Any action inconsistent with the provisions of this Chapter 22 shall be subject to a cease and desist order and other appropriate measures by the Board of Supervisors.
5.
Preliminary Inspection of Streets and Improvements.
A.
Prior to commencing construction, the applicant shall notify the Township Engineer of the proposed construction schedule. Pursuant to notification by the applicant, the Township Engineer shall inspect required improvements during the initial construction phase, and on a periodic basis thereafter, as may be required to insure proper adherence to this Chapter 22, The Engineer shall submit reports to the Board of Supervisors and the applicant specifying those items of construction, material and workmanship which do not comply with the Township specifications or the approved final plan.
B.
The applicant, upon notification from the Township Engineer, shall
proceed, at his own cost, to make such corrections as shall be required
to comply with the Township specifications and approved final plans;
and shall notify the Township Engineer and Board of Supervisors upon
completion requesting final inspection.
6.
Final Inspection.
A.
The Board of Supervisors or its delegate and Township Engineer shall
make a final inspection with the applicant of all required improvements.
B.
The Developer's Engineer shall complete the following for acceptance,
by the Township Engineer:
(1)
Run the finished center-line profile of the completed streets;
(2)
Submit a report to the Board of Supervisors indicating the final
elevations;
(3)
Affix to the final profile plan such elevations; and
(4)
Submit a report to the Board of Supervisors and the applicant
specifying those items of construction, material and workmanship which
do not comply with the Township specifications or the approved final
plan; or submit a report to the Board of Supervisors and the applicant
indicating that all items have been completed to Township specifications
and in accordance with the approved final plan.
[Ord. -/-/1985, -/-/1985, § 803]
1.
Upon completion of construction of a street or other improvement,
including open space, in accordance with approved plans, as certified
by the Township Engineer, and meeting conditions as stated below,
a deed of dedication for the street, other improvement or open space
shall be submitted by the developer to the Board, together with a
certificate from the contractor, evidencing payment of all labor and
material costs.
2.
The applicant shall:
A.
Furnish the Township with the following copies of:
(1)
One complete set of as-built opaque linens; showing the location
of the completed required improvements, including drainage, profiles
and utilities.
(2)
Two sets of descriptions for use in Dedication Documents and;
(3)
Two sets of Recording Plans for use in Dedication Recording
and PennDOT Mileage update.
(4)
Title insurance (at the sole cost of applicant) on all improvements
being dedicated to the Township insuring that the improvements being
dedicated to the Township are free and clear of all liens.
B.
Pay all costs for the Recorder of Deeds and the Clerk of the Court
of Quarter Sessions of Bucks County to record the Deed of Dedication
and resolution accepting the Deed of Dedication.
[Ord. -/-/1985, -/-/1985, § 804]
1.
After the dedication, certifications, etc., described in § 803
have been completed and all inspection and engineering, legal and
administrative fees for the streets, open space and other improvements
(except sanitary sewers) have been paid and all accrued snow removal
costs and other extraneous costs chargeable to the subdivider have
been paid; and financial security for the maintenance of the road
and other improvements (excluding sanitary sewers) have been posted,
and release from all liens has been secured as established by the
issuance of a title insurance policy, then the street, open space
and other improvements (exclusive of sanitary sewers) shall be accepted
by the adoption of a Resolution by the Board, accepting the deed and
directing that it be recorded, with the Clerk of the Quarter Sessions
Court of Bucks County. Evidence of such recording with dates, book
numbers, etc., to be returned to the Township.
2.
The Board of Supervisors shall notify the applicant of acceptance
of the required improvements if satisfied that the applicant has complied
with all specifications and ordinances of the Township. No partially
completed improvements shall be offered for dedication or acceptance
by the Supervisors.
3.
The Township shall have no responsibility with respect to any street,
open space, or other improvements, notwithstanding the use of the
same by the public, unless the street, open space or other improvement
is accepted by Resolution of the Board of Supervisors, or Newtown,
Bucks County, Joint Municipal Authority, as their interest may appear.
