A. 
General. Hereafter all plans for the subdivision or development of land within the limits of the Municipality shall be reviewed by the Municipal Planning Commission and other municipal, State, or County officials as deemed necessary and shall be approved or disapproved by the Municipality in accordance with procedures specified in these regulations. The provisions and requirements of these regulations shall apply to and control all land subdivisions which have not been recorded in the office of the Recorder of Deeds in and for Beaver County, Commonwealth of Pennsylvania, prior to the effective date of these regulations; provided, however, that any change in a recorded plan, except as noted in Article III, § 164-17, shall constitute a resubdivision and shall make said plan subject to any and all of these regulations. Any approval not processed as required hereafter, shall be null and void unless it was made prior to the adoption of this chapter.
B. 
Phasing development. If a developer proposes a large-scale development (10 acres or more), he may desire to construct said development in steps or phases. As the Pennsylvania Municipal Planning Code (Act 247)[1] allows for such phased developments, the Municipality shall grant preliminary approval for the entire project, or for that portion of the project that can be completed within five years of preliminary or final plan approval. The developer shall then submit an application for final plan approval in phases, as delineated on the preliminary plan. As so submitted, site improvements would also be constructed in phases and not all at once. As each phase is completed, the developer shall submit an application for final approval of the next phase of development. This process shall continue until all phases of the project (development) are complete. If, however, no development takes place within five years from date of plan approval, the developer shall comply with any change in local ordinances that have been enacted since his preliminary plan was approved. Applicants are urged to consult the Beaver County Conservation District for assistance in determining the most effective stormwater management measures to be utilized on the development site both during and after construction. The applicant is also urged to submit a sketch plan with a narrative description of these measures.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Plan to be filed with Municipality: A Sketch Plan for the proposed subdivision or land development is encouraged to be submitted to the Municipal Secretary by the subdivider or developer or his/her representative authorized in writing to submit the plan.
B. 
Number of copies: Four legible paper prints of the Sketch Plan shall be required.
C. 
Distribution of Sketch Plan: The Municipal Secretary (or his/her representatives) shall immediately (next business day) refer the Sketch Plans to the following:
(1) 
One copy to the Municipal Officials.
(2) 
One copy to the Municipal Engineer.
(3) 
One copy to the Municipal Planning Commission.
A. 
A Sketch Plan shall be considered as a submission for informal discussion between the subdivider/developer and the Municipality. Submission of a Sketch Plan shall not constitute official submission of a plan to the Municipality.
B. 
Review by the Municipal Officials:
(1) 
Whenever a Sketch Plan has been submitted to the Municipal Secretary, the Secretary shall notify and distribute all Sketch Plan materials to the Municipal Planning Commission as required by § 164-8 above. The Chairman of the Municipal Planning Commission shall then schedule a meeting to review the Sketch Plan within 30 days of its receipt by the Municipal Planning Commission.
(2) 
Within 10 calendar days after the meeting at which the Sketch Plan is reviewed by the Municipal Planning Commission, the Commission shall send written notice of the Municipal Planning Commission's comments, including changes or modifications, if any, required or recommended that it deems necessary or advisable, to the following:
(a) 
All Municipal Officials.
(b) 
The Municipal Planning Commission.
(c) 
The County Planning Commission.
(d) 
The subdivider/developer or his agent. In addition, the Municipal Planning Commission shall forward to the Municipal Officials all copies of reports received from the County Planning Commission.
(3) 
If no Municipal Planning Commission or Committee exists at the time of Sketch Plan submission, then the Municipal Officials shall act in lieu of this Commission, following each of the above cited subsections.
A. 
Plan to file with the Municipality: Copies of the Preliminary Plan and all required supporting data (Department of Environmental Protection, PennDOT, and Beaver County Conservation District) shall be officially submitted to the Municipal Secretary by the subdivider/developer or his representative authorized in writing to submit the plan.
B. 
Submission of Preliminary Plan shall comprise:
(1) 
Three completed copies of the Application for Review of Preliminary Subdivision Plan. (See Appendix.)[1]
[1]
Editor's Note: The application is included as an attachment to this chapter.
(2) 
Eight legible paper prints of the Preliminary Plan which shall fully comply with the requirements of Article IV, § 164-19 of these regulations. Nine copies required if a State road abuts or traverses subdivision.
(3) 
Four completed copies of the DEP Sewage Facilities Planning Module for Land Development or Exemption Card and a DEP letter of approval for same whenever on-lot sewage disposal is proposed.
(4) 
Three copies of all other required information (DEP, Beaver County Conservation District, PennDOT).
C. 
Filing fee: The Municipal Secretary (or his/her representative) shall collect a filing fee as established by the Municipality, by resolution, for all subdivisions and land developments. Fees shall be charged in order to cover the costs of examining plans and other expenses incidental to the approval of subdivisions/developments. The subdivider/developer shall pay the fee at the time of application for review of a preliminary plan.
D. 
Distribution of Preliminary Plan: The Municipal Secretary (or his/her representative) shall immediately (next business day) refer the Preliminary Plan, after all required fees have been collected, to the following:
(1) 
One copy of the plan to the Municipal Planning Commission, including one copy of the application form and other required reports.
(2) 
One copy of the plan to the County Planning Commission and one copy of all required supporting documents.
(3) 
One copy of the plan to the Municipal Officials (plus municipal file copy) including one copy of the application form and other required reports.
(4) 
One copy of the plan, and sewage facilities planning module to the Municipal Engineer.
(5) 
One copy of the plan to the Municipal Zoning Officer, if any.
(6) 
One copy of the plan to the District Office of PA DOT (if applicable).
(7) 
One copy of the plan to the Municipal Water Authority (if applicable).
(8) 
One copy of the plan to the Municipal Sewer Authority (if applicable).
A. 
Review by the Municipal Engineer: The Municipal Engineer shall review the Preliminary Plan to determine its conformance to the Municipal Subdivision Regulations. The Municipal Engineer may recommend changes, alterations or modifications, as he may deem necessary. The report of the Municipal Engineer shall be in writing and shall be submitted to the Municipal Planning Commission prior to the regularly scheduled or special meeting at which the Preliminary Plan is to be considered by the Municipal Planning Commission. The report shall include an estimate of the cost of construction of all improvements as required by this chapter. In the event that no Municipal Planning Commission exists, then all information requested above shall be sent to the Municipal Officials.
B. 
Review by the Municipal Zoning Officer: The Municipal Zoning Officer shall review the Preliminary Plan to determine its conformance to the Municipal Zoning Ordinance.[1] The Zoning Officer shall check all zoning data as required to be shown under Article IV, § 164-19, to determine if information shown is in accordance with latest amendments to the Zoning Ordinance. The report from the Municipal Zoning Officer as to the accuracy of the information shown shall be submitted to the Municipal Planning Commission prior to the regularly scheduled or special meeting at which the Preliminary Plan is to be considered by the Planning Commission. In the event no Municipal Planning Commission exists, then all requested information stated above shall be sent to the Municipal Officials.
[1]
Editor's Note: See Ch. 193, Zoning.
C. 
Review by the Pennsylvania Department of Transportation (PennDOT): If a proposed subdivision abuts or is traversed by a State road, the Municipal Secretary shall require one additional copy of the Preliminary Plan and shall transmit this copy to the district office of the Pennsylvania Department of Transportation for its review and comments.
D. 
Review by the Municipal Planning Commission:
(1) 
Whenever a Preliminary Plan has been submitted to the Municipal Secretary, the Secretary shall notify and distribute all Preliminary Plan materials to the Municipal Planning Commission as required by § 164-8 above. The Chairman of the Municipal Planning Commission shall then schedule a meeting to review the Preliminary Plan within 30 days of its receipt by the Planning Commission.
(2) 
No official action shall be taken by the municipal Planning Commission with respect to a Preliminary Plan until the Commission has received the written report of the County Planning Commission and the Pennsylvania Department of Transportation, provided, however, that if these reports are not received within 30 days after transmittal to these agencies then the Municipal Planning Commission may officially act without having received and considered such report. In any event, the Municipal Planning Commission shall take official action no later than five days after the expiration of the aforesaid thirty-day period.
(3) 
During review of the Preliminary Plan, the Municipal Planning Commission shall consider the written reports of the Municipal Engineer and the Municipal Zoning Officer, if any, before making its final decision.
(4) 
If review by the Municipal Planning Commission is favorable, or unfavorable because the requirements of this chapter have not been met, or the Municipal Planning Commission deems changes or modifications of the plan submitted are advisable or necessary, such decision and the reasons therefore (citing specific provisions of this chapter) shall be given in written form by the Municipal Planning Commission within eight days after the meeting at which the Preliminary Plan is reviewed to the following:
(a) 
All Municipal officials.
(b) 
The County Planning Commission.
(c) 
The subdivider/developer or his agent. In addition, the Municipal Planning Commission shall forward to the Municipal Officials copies of all reports received from the County Planning Commission, Department of Transportation, Municipal Zoning Officer, and Municipal Engineer.
E. 
Review by the Municipal Officials:
(1) 
When a Preliminary Plan has been officially referred to the Municipal Officials by the Municipal Planning Commission together with its recommendation, such Plan shall be reviewed at the next regularly scheduled meeting of the Municipal Officials, or at the discretion of the Chairman/President at a special meeting, which may be held prior thereto.
(2) 
In any event, the Municipal Officials shall render their decision and communicate it to the applicant no later than 90 days following the date of the regular meeting of the Municipality or the Municipal Planning Commission (whichever first reviews the application) next following the date the application is filed. Failure of the Municipal Officials to render a decision and communicate it to the applicant within the time and in the manner required (as outlined in Subsection E(4) below) shall be deemed an approval unless the applicant has agreed, in writing, to an extension of time.
(3) 
The Municipal Officials shall review the Preliminary Plan and the written reports and recommendations thereon of the Municipal Planning Commission, the County Planning Commission, (if same has been received), the Municipal Engineer, and by any other interested parties of the Municipality to determine the Preliminary Plan conformance to the standards contained in these regulations. Prior to these reports and recommendations, the Municipal Officials may hold a public hearing thereon after public notice to receive comments from the general public. After all desired input is received, the Municipal Officials may require or recommend such changes and modifications as they shall deem necessary or advisable in the public interest.
(4) 
The action of the Municipal Officials, either approving or disapproving the Preliminary Plan, shall be noted with the date of such action and the signature of the Chairman/President on two sets of plans. The findings and reasons upon which the action is based and citing provisions of the statute or ordinance relied upon shall be stated in the minutes and in writing. Subject to the requirements of subparagraph (2), within 15 days after the meeting at which the Preliminary Plan is reviewed, the Secretary of the Municipality shall send written notice of the findings, action taken, and reasons thereof to the following:
(a) 
The subdivider/developer or his agent.
(b) 
The Municipal Planning Commission.
(c) 
The County Planning Commission.
One copy of the Plan shall be maintained for permanent records of the Municipality, and one copy shall be sent to the subdivider/developer or his agent.
(5) 
Approval of the Preliminary Plan shall not constitute acceptance of a subdivision for recording. Approval is only an expression of approval of a general plan to be used in preparing the Final Subdivision Plan for final approval and recording upon fulfillment of all requirements of these regulations.
(6) 
When a Preliminary Plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision, or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
F. 
Review by water and/or sewer authority. The local water and/or sewer authority having jurisdiction in the area of the proposed subdivision shall review the Preliminary Plan to determine its conformance with the authority's water and/or sewer requirements. It is recommended that the subdivider review the authority's water and/or sewer requirements prior to the preparation of the Preliminary Plan. This review shall be conducted at the expense of the subdivider.
Within four years of the Municipal Officials' approval of the Preliminary Plan, a Final Plan should be officially submitted to the Municipality. However, an extension of time may be granted by the Municipality upon written request. Final Plans submitted after this expiration of time for which no time extension has been granted may be considered as a new Preliminary Plan.
The Final Plan shall conform in all respects to the Preliminary Plan as previously reviewed by the Municipal Planning Commission and the Municipal Officials and shall incorporate all modifications required by the Municipality in its review of the Preliminary Plan. The Municipality may permit submission of the Final Plan in sections, or phases, each covering a reasonable portion of the entire proposed subdivision as shown on the reviewed Preliminary Plan.
A. 
Plans to be filed with the Municipal Officials: Copies of the Final Plan and all required supporting data shall be officially submitted to the Municipal Secretary by the subdivider/developer or his representative authorized in writing to submit the plan.
B. 
Official submission of Final Plan shall comprise:
(1) 
Three completed copies of the Application for Review of Final Subdivision Plan.
(2) 
10 legible paper prints of the Final Plan which shall fully comply with Article IV, Section 403 of these regulations.
(3) 
Two copies of all other required information including the following, if applicable:
(a) 
All offers of dedication and covenants governing the reservation and maintenance of undedicated open space which shall bear the certificate of approval of the Solicitor of the Municipality as to their legal sufficiency.
(b) 
Such private deed restrictions, including building reserve lines, as may be imposed upon the property as a condition of sale together with a statement of restrictions previously imposed which may affect the title of the land being subdivided.
(c) 
Whenever approval by the Pennsylvania Department of Environmental Protection, the Beaver County Conservation District, or the Pennsylvania Department of Transportation is required for the water supply or sanitary sewage disposal system(s), erosion and sedimentation control, or a highway occupancy permit for a proposed subdivision, the Municipal Planning Commission or Municipal Officials shall require that two copies of such certification of approval shall be submitted with the Final Plan.
C. 
Filing fees: The subdivider/developer shall pay a filing fee for the review of a Final Plan. This fee shall be established by the Municipality by resolution. There shall be no refund or credit of any portion of the fee should the subdivider/developer fail to receive final approval.
D. 
Distribution of Final Plan. The Final Plan shall be distributed in accordance with the requirements of Article III, § 164-10 for Preliminary Plan. In addition, the Municipal Secretary shall retain one print of the Final Plan for safe-keeping in the Municipal files. One print shall be returned with appropriate signatures to the subdivider/developer for filing with the County Recorder of Deeds upon completion of the approval process.
A. 
Review by the Municipal Engineer. The Final Plan shall be reviewed and a written report submitted as required under Article III, § 164-11 for Preliminary Plans.
B. 
Review by the Municipal Zoning Officer: (if applicable). The Final Plan shall be reviewed and a written report submitted by the Municipal Zoning Officer as required under Article III, § 164-11 for Preliminary Plans.
C. 
Review by the Municipal Planning Commission. The Final Plan shall be reviewed, in accordance with the procedure required under Article III, § 164-11 of these regulations for Preliminary Plans. In addition:
(1) 
If all the requirements of this chapter are met and the review is favorable, the Planning Commission shall authorize its Chairman, with the Secretary so attesting, to endorse and seal the Final Plan "Reviewed and Approved by the Municipal Planning Commission," together with the date of such action.
(2) 
The Final Plan with the Municipal Planning Commission's endorsement, shall be forwarded to the Municipal Officials.
D. 
Review by the Municipal Officials: The Final Plan shall be reviewed in accordance with the procedures as required under Article III, § 164-11 of these regulations for Preliminary Plan. In addition:
(1) 
Before acting on a Final Plan, the Municipal Officials may arrange for a public hearing. The public hearing may be held by the Municipal Officials after the Final Plan has been submitted to the Municipality and before the review required by § 164-13A, B, and C. If a public hearing has been held upon a Preliminary Plan, no public hearing is required unless the Final Plan departs substantially from the Preliminary Plan.
(2) 
If the Municipal Officials approve the Final Plan, the Final Plan shall be signed by the Chairman/President and the Secretary, together with the date of action and municipal seal.
(3) 
A performance guarantee or a certificate of satisfactory installation, as required under Article III, § 164-15, shall be required before the Final Plan is released for recording.
(4) 
The Final Plan with the Municipal Officials' approval and the Municipal seal, shall be forwarded to the subdivider for recording.
A. 
After approval by the Municipal Officials and the Municipal Planning Commission, and with all endorsements indicated on the Final Plan, the subdivider shall record his plan. No subdivision plan shall be legally recorded unless it bears the Municipal approval and seal. This action shall constitute the changing of the Final Plan to the Record Plan.
B. 
After the Final Plan has been approved by the appropriate Municipal authorities, the Municipal Officials shall require that the developer supply one reproducible copy of the Final Plan, as approved, for their permanent files.
C. 
The Record Plan shall be a clear and legible black-line print.
D. 
The subdivider shall file the Record Plan with the County Recorder of Deeds within 90 days of the date of final approval by the Municipality. If the subdivider fails to record the Record Plan within such period, the action of the Municipal Officials and Municipal Planning Commission shall be null and void unless an extension of time is granted in writing by the Municipality after written request to do so by the subdivider.
Prior to final approval of the Final Plan, the subdivider shall guarantee the installation of all required improvements by one of the following methods:
A. 
By installing the improvements required by Article VI of these Subdivision Regulations to the satisfaction of the Municipal Engineer and the Municipal Officials and obtaining a certificate from the Municipal Engineer that all improvements have been installed in accordance with the standards and requirements contained in these regulations or required by the Municipality.
B. 
In lieu of the completion of any improvements required as a condition for the final approval of a plan, the applicant or subdivider shall provide for deposit with the Municipality of financial security in an amount sufficient to cover the costs of any improvements or common amenities, including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required. When requested by the developer, in order to facilitate financing, the Municipality shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan 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 Municipality; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer. Without limitation as to other types of financial security which the Municipality may approve, which approval shall not be unreasonably withheld, the following shall be deemed acceptable financial security for the purpose of this section:
(1) 
Federal- or Commonwealth-chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions. 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.
(2) 
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.
(3) 
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 Municipality 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 Municipality 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. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an 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 Municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Municipality 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 Municipality 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 Municipality and the applicant or developer.
(4) 
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.
(5) 
In the case where development is projected over a period of years, the Municipality may authorize submission of final plans by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stage of development as it finds essential for the protection of any finally approved section of the development.
(6) 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Municipality to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Such requests shall be in writing, addressed to the Municipality, and the Municipality shall have 45 days from receipt of such request within which to allow the Municipal Engineer to certify, in writing, to the Municipality that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Municipality shall authorize release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer fairly representing the value of the improvements completed, or if the Municipality fails to act within said 45 day period, the Municipality shall be deemed to have approved the release of funds, as requested. The Municipality 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.
(7) 
Where the Municipality accepts dedication of all or some of the required improvements following completion, the Municipality 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 plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial securities shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
(8) 
If water mains or sanitary sewer lines, or both, along with apparatus or 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 Municipality, 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.
(9) 
If financial security has been provided (in lieu of completed improvements), the issuance of building, grading, or occupancy permits for any building or buildings to be erected shall not be withheld provided:
(a) 
The improvement of streets providing access to and from existing public roads to such building(s) to a mud-free or otherwise permanently passable condition is complete; and
(b) 
All other improvements, as depicted on the approved plan, either upon the lot or lots, or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building(s) have been completed.
A. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Municipality, in writing, by certified or registered mail, of the completion of the aforesaid improvements and the Municipality shall send a copy thereof to the Municipal Engineer. The Municipal Officials shall, within 10 days after receipt of such notice, direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall, thereupon, file a report, in writing, with the Municipality, and shall promptly mail a copy of the same to the developer by certified mail. The report shall be made and mailed within 30 days after receipt by the Municipal Engineer of the aforesaid authorization from the Municipal Officials; 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 Municipal Engineer, said report shall contain a statement of reasons for such non-approval or rejection.
B. 
The Municipality shall notify the developer within 15 days of receipt of the engineer's report, in writing, by certified or registered mail of their action.
C. 
If the Municipality or the Municipal Engineer fail 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 his performance guarantee.
D. 
If any portion of the said improvements shall not be approved or shall be rejected by the Municipal Officials, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
E. 
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 Municipality or the Municipal Engineer.
F. 
Where herein reference is made to the Municipal Engineer, he shall be a duly registered professional engineer employed by the Municipality or engaged as a consultant thereto.
G. 
The Municipality may prescribe that the applicant shall reimburse the Municipality 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 Municipal Engineer and/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 Municipality 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, within 10 working days of the date of billing, notify the Municipality that such expenses are disputed as unreasonable or unnecessary, in which case the Municipality 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 20 days from the date of billing, the Municipality 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.
(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 of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(4) 
In the event that the Municipality 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 Municipality 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 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.
(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 Municipality shall pay the fee of the professional Engineer, but otherwise the Municipality and the applicant shall each pay one-half of the fee of the appointed professional engineer.
All streets, parks, or other improvements shown on the subdivision plan, recorded or otherwise, shall be deemed to be private until such time as the same has been offered for dedication to the Municipality and accepted by resolution of the Municipal Officials. Where the Municipality accepts dedication of all or some of the required improvements following completion, the Municipality 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 plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this chapter with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.