[Ord. No. 70, 7/16/1990; Ord. No. 70-J, 6/5/2001; Ord. No. 127, 7/25/2006]
1.
All preliminary and final subdivision and land development plans shall be referred to and reviewed by the township planning commission and the county planning commission. Said plans shall be approved or disapproved by the township board of supervisors in accordance with the procedures specified in this part and in other sections of this chapter. Any approval not processed as required hereafter shall be null and void unless it was made prior to the adoption of these regulations.
2.
In order to provide the orderly receipt and processing of plans, the board shall appoint an individual, referred to hereinafter as the subdivision officer, to receive and process plans in accordance with the provisions of this chapter. The subdivision officer may be, but is not required to be, a township officer, the township secretary, or the township manager. The subdivision officer shall:
A.
Prepare rules and regulations for the administration of procedures for receipt, review, and approval of subdivision and land development plans. Such rules and regulations shall be approved by the board.
B.
Administer such rules and regulations and the provisions of this chapter insofar as is necessary to ensure the orderly processing of plans, collection of review information and comments, and submission of such information to the planning commission and the board for their action.
C.
Be available by appointment at stated hours so that applicants may obtain applications, written information on procedures and related ordinances, file applications, conduct pre-application meetings, schedule site visits and pay fees for the consideration of subdivision and land development plans.
D.
Receive applications and subdivision and land development plans and fees, issue receipts, and deposit fees with the township treasurer.
E.
Maintain an official township file of all proposed and approved subdivision and land development plans for the board of supervisors. The zoning officer shall also be provided with one copy of all approved plans.
3.
Application and required fees.
A.
"Professional consultants" is defined as follows:
(1)
Persons or entities who provide expert or professional advice including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.
B.
The following applies to application fees, review fees, and escrow for plan review:
(1)
At the time of the filing of an application for sketch, preliminary or final plan review or approval for, or in connection with, any subdivision and/or land development, the applicant shall pay to the township an application fee, which shall be considered a part of the application. In addition, the applicant shall post a cash escrow with the township to be held and used by the township for the payment (including reimbursement to the township) of the costs and charges of review of the application by the township's professional consultants. The application fee and the escrow amount shall be as established as set forth by resolution by the board of supervisors, from time to time. Failure to remit the application fee and/or post the escrow shall render the application incomplete and shall be cause for its rejection.
(2)
The township may require, as part of the application, the execution of an escrow or professional services agreement, memorializing the applicant's responsibility to pay for, or reimburse, the costs and charges of the township's professional consultants.
(3)
Review fees, which are set forth by resolution by the board of supervisors, from time to time, may include reasonable and necessary charges by the township's professional consultants for review and report on applications to the township. Such review fees shall be reasonable and in accordance with the ordinary and customary charges for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the professional consultant for comparable services to the township for services which are not reimbursed or otherwise imposed on an applicant. Fees charged to the township relating to any appeal of a decision on an application shall not be considered review fees and may not be charged to an applicant.
(4)
The township shall submit to the applicant an itemized bill(s) of review fees and charges showing, in each instance, the work performed, identifying the person performing the services and the date of and time spent for each task. Interim itemized billing is permitted. Subject to the provisions herein, bill(s) for review of an application shall be due upon presentation.
(5)
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 and expenses incurred at least through the date of the decision on the application which have not yet been submitted to the applicant. 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."
(6)
In the event that the applicant disputes the amount of any review fees, the applicant shall, no later than 45 days after the date of the transmittal of the bill to the applicant, notify the township and the professional consultant that such fees are disputed and the applicant shall explain the basis of the objections to the fees charged. The township shall not delay or disapprove a subdivision and/or land development application due to the applicant's dispute over such fees.
(a)
In the event that the professional consultant and the applicant cannot agree on the amount of review fees and expenses that are reasonable and necessary, then the applicant and the township shall follow the procedures provided for dispute resolution set forth in herein.
(b)
The applicant's failure or refusal to timely comply with the dispute resolution provisions herein, shall act as a waiver of the applicant's right to arbitration of the bill, and the township may use any remaining escrow to pay the bill or reimburse payment of the bill, as the case may be, and the township may take such other action as provided by law.
C.
The following sets forth the requirements relating to the dispute of fees:
(1)
When an applicant has properly and timely disputed fees of the township's professional consultant, as set forth herein, and is thereafter unable to resolve the dispute, then the applicant shall have the right, within 45 days of the transmittal of the disputed final bill, or supplement to the final bill, 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 the other professional consultant to review any bills the applicant has disputed, 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 or discipline as the professional consultant whose fees are being disputed.
(2)
In the event that the township's professional consultant and the applicant cannot agree upon the arbitrator to be appointed within 20 days of the request for the applicant's request for the appointment of an arbitrator, then, upon application of either party, the president judge (or if at the time there is no president judge, the senior active judge) of the court of common pleas of the county, shall appoint such arbitrator, who in that case, shall be neither the township's professional consultant nor any professional consultant who has been retained by, or performed services for, the township or the applicant within the preceding five years.
(3)
The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his/her sole opinion deems necessary and shall render a decision no later than 50 days after the date of the arbitrator's appointment. Based on the decision of the arbitrator, the applicant or the professional consultant whose fees are challenged shall be required to pay or credit, as the case may be, any amounts necessary to implement the arbitrator 's decision within 60 days of the date of the decision. In the event that the township has paid the professional consultant an amount determined by the arbitrator to be in excess of the reasonable and necessary fees, the professional consultant shall, within 60 days of the arbitrator's decision, reimburse the township for any excess payment.
(4)
The fee of the arbitrator shall be paid by the applicant if the disputed review or processing fee charged is sustained by the arbitrator; otherwise, it shall be equally divided 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 of the dispute shall be party to the arbitration proceedings.
(5)
The professional consultant whose fees are being challenged shall not charge the township or the applicant for the cost of the professional consultant's preparation for, or participation in, the arbitration.
(6)
All fees or charges charged to the township by the township's professional consultants, related to the preparation and review of land development agreements, financial security agreements, maintenance agreements, maintenance security, dedication and/or other similar matters, which are incurred as a result of a subdivision and/or land development application or implementation, and which would otherwise not be incurred by the township but for the application, shall be considered review fees.
(7)
This part shall not be applied retroactively to any fees or charges of the township's professional consultants, or dispute(s) filed in connection therewith, prior to the effective date of this part. This part shall not act to amend, alter or me any agreement regarding the charging, payment or reimbursement of fees of the township's professional consultants, which predates the effective date of this part.