Borough of Middletown, PA Article V Fees and Permits

§ 238-31 Costs and fees.

[Amended 9-21-2021 by Ord. No. 1377, approved 9-21-2021]

A. The costs incurred by Middletown Borough and its professional consultants including, but not limited to, its engineers, attorneys and surveyors, for handling and reviewing and inspections related to land subdivision and land development plans, and by the Dauphin County Planning Commission for reviewing such plans, shall, in general, be defrayed by the payment of fees by applicants submitting plans for approval, in accordance with this section.

B. Submittal and processing fees. At the time a subdivision or land development preliminary, final or combined preliminary/final plat plan is officially submitted to the Borough of Middletown for approval, the applicant shall provide a bank check payable to Middletown Borough as provided herein, and shall provide proof that the plan has also been submitted to the Dauphin County Planning Commission for its review and comment.

(1) The amount of the fees shall be determined in accordance with a separate subdivision and land development fee schedule recommended by the Middletown Borough Planning Commission and adopted by Borough Council.

(2) For plans which are combined preliminary and final plan submissions, the payment of both preliminary plat and final plan fees may be required.

(3) A plan will not be accepted for review for conformity with these and other applicable regulations until the fees required herein have been paid.

C. Review fees. In addition to the submittal and processing fee, the applicant shall be responsible for the review and inspection fees of the Borough's professional consultants in accordance with this section:

(1) At the time of the submission of any plan, the applicant shall deposit with the Borough a fee determined in accordance with a separate schedule recommended by the Middletown Borough Planning Commission and adopted by Borough Council. The funds shall be held in an escrow account to be used for the reasonable and necessary charges by the Borough's professional consultants for review and report thereon to the Borough. The Borough will notify the applicant if the escrow account balance decreases to less than the minimum amount for escrow funds adopted by Borough Council, at which time the applicant shall deposit additional funds into the escrow account in an amount sufficient to replenish the escrow account to the amount established by the Borough. A plan shall not be accepted for review until the escrow amount has been deposited with the Borough.

(2) During the course of the professional consultant's review, the Borough shall submit to the applicant an itemized bill showing work performed, identifying the person performing the services and the time and date spent for each task.

(3) In the event the applicant disputes the amount of any such review fees, the applicant shall, no later than 100 days after the date of transmittal of the bill to the applicant, notify the Borough and the Borough's professional consultant that such fees are disputed, and shall explain the basis of their objections to the fees charged. Failure of the applicant to dispute a bill within 100 days shall be a waiver of the applicant's right to arbitration of that bill.

(4) In the event that the Borough and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the fees shall be recalculated and recertified by another professional consultant licensed as such in the same field in this Commonwealth and chosen mutually by the Borough and the applicant or developer. The estimate certified by the third outside professional consultant shall be presumed fair and reasonable and shall be the final estimate. In the event that third outside professional consultant is so chosen, fees for the services of said consultant shall be paid equally by the Borough and the applicant or developer.

(5) Subsequent to a decision on an application, the Borough 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 incurred at least through the date of the decision on the application.

(6) 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.

D. Failure of the applicant or responsible agent to pay all such fees and invoices shall be sufficient reason to deny acceptance of required improvements or other certification of the development for occupancy.

§ 238-32 (Reserved) [1]

[1] Editor's Note: Former § 238-32, Construction and inspection fees, was repealed 9-21-2021 by Ord. No. 1377, approved 9-12-2021.

§ 238-33 Construction permits.

A. Applications for construction permits shall be filed, as provided in Chapter 113, Building Construction,[1] on the forms supplied by the Borough and shall be accompanied by four sets of plans and specifications prepared by a registered professional engineer, setting forth the location and nature of work, together with all engineering data necessary for completion of work, and shall be verified by an affidavit made by or on behalf of the owner or owners. A fee, in accordance with Borough Ordinance No. 1039 (fees and schedules), shall be required with each application.

[1] Editor's Note: Said Ch. 113, Building Construction, was repealed 11-1-2016 by Ord. No. 1330; see now Ch. 114, Construction Codes, Uniform, and Ch. 127, Code Enforcement.

B. All highways shall be graded to the full width of right-of-way. All culverts, bridges and storm sewers shall be constructed for the width required for grading.

C. Where bridges, dams and/or other structures are placed on streams with a drainage area of 1/2 square mile or larger, application for a permit shall be made to the Bureau of Dams and Waterways, Harrisburg, Pennsylvania, by the person in interest, and a copy of such permit shall be filed with the Borough Engineer.

D. Application for a construction permit shall include construction items and quantities of all planned work.

E. Means of ingress and egress for vehicles to and from each lot or parcel shall be shown on the plans for installation in accordance with existing Borough regulations for depressed curbs and driveways across sidewalks.

F. Upon the approval of the construction application and plans and specifications by the Borough Engineer, the Secretary shall issue a construction permit to the owner of the property. Said owner shall pay the cost of any material tests made and shall reimburse the Borough for the necessary inspection at the rate of $45 per hour for each hour or portion thereof that a Borough inspector is on the work site; provided, however, that if the owner shall employ a registered professional engineer to supervise and inspect construction, who shall file with the Borough Engineer a certificate that the construction has been carried out in compliance with the approved plans and Borough specifications, the foregoing inspection charge at the rate of $45 per hour shall not be made.

G. Where connection with the sanitary sewer system of the Borough is practicable, the owner, by special arrangement with the Council, shall install sanitary sewers and sewer laterals in conformity with Borough specifications for sanitary sewer construction before streets and roads shown on the plans are constructed. All gas, water, electric and other mains, pipes and conduits, together with all service connections or laterals, shall be laid, when the need for the same can be reasonably anticipated, before the streets and roads shown on the plans are constructed.

H. When any highway outlined in the construction permit shall have been completed in accordance with the terms of this chapter, and in strict accordance with Borough specifications now in effect or hereafter adopted, as the case may be, relating to such type of work, the Borough shall accept, by ordinance, the dedication of such highway or highways.

I. The Borough Engineer shall be notified by the owner or contractor at least 48 hours in advance of the commencement of any construction operation, such as grading, sewer installation or paving, in order that provision may be made for the proper inspection of such construction operation. Samples of materials and every reasonable facility for ascertaining whether the work is in conformity with the provisions of this chapter shall be furnished to the proper offices and employees of the Borough in the same manner as is required of contractors under the terms of the construction specifications of the Borough.