The subdivider or developer shall grade and pave the streets
and install all other necessary improvements at no expense to the
Township, including, where required, curbs, sidewalks, water and sanitary
sewer lines, erosion and sedimentation control facilities, stormwater
management facilities, streetlights, fire hydrants, street name signs,
and other facilities and utilities required by the Board, in strict
accordance with the requirements of this article and the standards
and specifications of the Township. Construction and inspection of
all such facilities and utilities shall be subject to inspection by
appropriate Township officials during the progress of the work. The
subdivider or developer shall not begin work on structures in any
part of the subdivision or land development until the streets in that
part have been graded to within four inches of the finished grade.
When the developer has completed all of the required improvements,
the developer shall notify the Board of Supervisors, in writing, by
certified or registered mail, of the completion of the aforesaid improvements
and shall send a copy thereof to the Township Engineer.
A. The Board of Supervisors shall, within 10 days after receipt of such
notice, direct and authorize the Engineer and Municipal Authority
representatives to inspect all of the required improvements.
B. The Township Engineer shall, thereupon, file a report, in writing,
with the Board of Supervisors, and shall 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 authorization for inspection by the Board of Supervisors.
C. The 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
reason for nonapproval or rejection.
D. The Board of Supervisors shall notify the developer, within 15 days
of receipt of the engineer's report, in writing, by certified mail
or registered mail, of the action of the Board of Supervisors with
relation thereto.
E. If the Board of Supervisors 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
of all liability, pursuant to its performance guaranty bond.
F. If any portion of said improvements shall not be approved or shall
be rejected by the Board of Supervisors, the developer shall proceed
to complete the same, and upon completion, the same procedure of notification
as listed above shall be followed.
G. The Township may prescribe that the applicant shall reimburse the
Township for the reasonable and necessary expense incurred for the
inspection of improvements. Such reimbursement shall be based upon
a schedule established by ordinance or resolution. Such expense shall
be reasonable and in accordance with the ordinary and customary fees
charged by the Township Engineer or consultant for work performed
for similar services in the community, but in no event shall the fees
exceed the rate or cost charged by the engineer or consultant to the
municipalities when fees are not reimbursed or otherwise imposed on
applicants.
(1) 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 100 days after the date of transmittal of a bill for
inspection services, 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.
(2) If, within 100 days of the transmittal of the final bill or supplement
to the final bill to the applicant, the Township and the applicant
cannot agree on the amount of expenses which are reasonable and necessary,
then the applicant and Township 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.
(3) 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
after the date of appointment. The applicant shall be required to
pay the entire amount determined in the decision immediately.
(4) 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 Cumberland 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
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.
(5) 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.
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accordance with
the approved final plan, the Board shall have the power to enforce
any corporate bond or other security by appropriate legal and equitable
remedies. If proceeds of such bond or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Board of Supervisors
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.
With any offer of dedication of municipal improvements, the
subdivider or developer shall furnish the Township or appropriate
authority having jurisdiction a deed of easement and/or dedication
in accordance with the standards of the Township or authority.