A.
The owner shall pay to the Township reasonable and
necessary engineering fees incurred by the Township for the services
of the Township Engineer and/or the Township Engineer's staff incidental
to the review, examination and inspection of lands, plans and of the
construction of improvements and such other necessary reviews, examinations
and inspections. Inspection by the Township Engineer's office may
be required on a full-time basis during all periods when construction
on the required improvements is taking place. By way of example and
not of limitation, the owner shall pay to the Township all costs for
testing concrete materials used in the construction of required improvements,
including but not limited to concrete curb and concrete sidewalk.
(1)
The tests shall be made for each day's pour or 50
cubic yards of concrete pour, whichever occurs first. Each series
of tests will include:
(2)
The owner shall also pay to the Township reasonable
legal fees incurred by the Township for legal services incidental
to the review and approval of plans for each subdivision or land development
or section thereof, including but not limited to the drafting and
review of the development agreements, the escrow agreements and any
other documents required by this chapter. These costs for engineering
and legal services shall also include any services incidental to the
final acceptance by the Township all or any portion of the required
improvements, as well as all costs of inspections by Township employees
not otherwise covered by permit fees.
(3)
The review fees of East Norriton Township's professional
consultants, including but not limited to its solicitor and engineer,
shall be based upon a schedule established and revised from time to
time by ordinance or resolution.
(4)
In the event that the owner disputes the amount of
any such review fees, the owner shall, within 10 days of the billing
date, notify the Township that such fees are disputed in which case
the Township shall not delay or disapprove a subdivision or land development
application due to the owner's request over disputed fees.
B.
The engineering, legal fees and other fees required
to be paid by this article shall be promptly paid to the Township
by the owner upon the submission of bills thereof to the owner by
the Township from time to time, as such fees are billed to the Township
by its Engineer or Solicitor or as determined by the Township in the
case of Township employees. Failure to promptly pay any such fee shall
result in revocation of the building permit.
C.
To the engineering and legal fees required to be paid
to the Township by this article, there shall be added the sum of 5%,
which the owner shall pay to the Township as reimbursement to the
Township of the costs incurred by the Township for the collection
of such fees and the disbursement of the same to the Township Engineer
and Township Solicitor.
D.
At the time of submission of preliminary plans, the
applicant or developer shall deposit a cash escrow with the Township
to cover costs, fees and expenses (for purposes of this section, "review
fees"), including but not limited to engineering and legal fees incurred
during the review and approval process of subdivision and land development
plans and through the final completion of the subdivision or land
development and expiration of the improvements' maintenance period.
The amount of such escrow shall be as set forth and established by
resolution of the Board of Supervisors and as amended from time to
time. Failure to post the cash escrow at the time of application for
preliminary plan review shall result in rejection of the application
as being incomplete. The Township may draw upon the cash escrow as
necessary to reimburse itself for review fees of the Township related
to the review and approval of subdivision or land development plans.
A copy of the invoice for review fees shall be sent by the Township
to the applicant/developer, and such invoice shall be paid by the
Township from the cash escrow unless the applicant disputes the amount
of the review fees and notifies the Township of such dispute within
10 days of the billing date. In case of a dispute over review fees,
the precision set forth in the Pennsylvania Municipalities Planning
Code[1] shall be applied. Upon each draw on the cash escrow by the Township, the Township shall send the developer an invoice marked "Paid" for the amount drawn, specifying the particular review fee for which the Township has drawn payment or reimbursement. Within 10 days of the developer's receipt of notice from the Township that the balance of the escrow required by this section is inadequate to cover the reasonable costs and expenses likely to be incurred by the Township in review and approval of the land development or subdivision plans, the developer shall post such additional moneys as have been specified in the notice, subject to dispute resolution set forth in § 175-53.1D. In the event that the developer or applicant shall fail to make payment within 10 days of receipt of notice from the Township and that such failure shall result in insufficient funds in escrow to pay any bill for engineering, legal or other services related to the review and approval procedure within 30 days of its due date, whether before or after the final approval of the subdivision or land development, interest shall be added to the bill of the applicant/developer at the rate of 1 1/2% per month until paid.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Conditions. The Township shall have no obligation
to take over and make public any street or other improvement unless:
(1)
The required improvements, utility mains and laterals
and monuments shown on an approved plan or plans have been constructed
to all requirements of this chapter.
(2)
It is established to the satisfaction of the governing
body that there is need for the improvements to be taken over and
made public.
B.
Acceptance. The Township shall have no responsibility
with respect to any street or other improvement, notwithstanding the
use of the same by the public, unless the street or other improvement
is accepted by ordinance or resolution of the governing body.
C.
Guaranty. The applicants will guarantee, for a period
of 18 months from the date of the resolution accepting dedication,
to maintain the stability of all materials and work, to promptly make
good and replace all poor or inferior materials and work and to remedy
all defects in materials or workmanship, all shrinkage, settlement
or other faults of any kind whatsoever arising therefrom necessary
for the 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 at his own expense and to the satisfaction
of the Township Engineer, when notified in writing to do so by the
Township Engineer; and, in order to secure the guaranty as herein
required, the Township shall be assured by means of a proper financial
security not exceeding 15% of the actual cost of installation of said
improvements to be posted by the owner with the Township.
A.
Financial security.
(1)
No plan shall be finally approved unless the streets
shown on such plan have been improved to a mud-free or otherwise permanently
passable condition or improved as may be required by this Subdivision
and Land Development Ordinance, and any walkways, curbs, gutters,
streetlights, traffic signals, traffic control signs, fire hydrants,
shade trees, water mains, sanitary sewers, storm sewers and other
improvements as may be required by this Subdivision and Land Development
Ordinance have been installed in accordance with this article. In
lieu of the completion of any improvements or fees required as a condition
for the final approval of a plan, the subdivider or developer may
provide for the deposit with the Township of financial security in
an amount sufficient to cover the costs of such 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.
(2)
When requested by the developer, in order to facilitate
financing, the Board of Supervisors shall furnish the developer with
a signed copy of a resolution indicating approval of the final plat
contingent upon the developer obtaining satisfactory financial security.
The final plat or record plan shall not be signed nor recorded until
the financial improvements agreement (in form and substance satisfactory
to the Township Solicitor) 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 of the
date of the resolution of contingent approval unless a written extension
is granted by the Board of Supervisors; such extension shall not be
unreasonably withheld and shall be placed in writing at the request
of the developer.
(3)
Without limitation as to other types of financial
security which the Township may approve, federal or commonwealth chartered
lending institution irrevocable letters of credit and restrictive
or escrow accounts in such lending institutions shall be deemed acceptable
financial security for the purposes of this section.
(4)
Such financial security shall be posted with a federal or commonwealth
chartered lending institution chosen by the party posting the financial
security, provided that said lending institution is authorized to
conduct such business within the commonwealth.
[Amended 10-27-2015 by Ord. No. 567]
(5)
Such guaranty 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.
[Amended 10-27-2015 by Ord. No. 567]
(6)
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 Township 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 Township 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.
(7)
The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements,
submitted by the 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 Township,
upon the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Township 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 Township
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 Township
and the applicant or developer.
(8)
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.
(9)
In the case where development is projected over a
period of years, the Township 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 stages of development
as it finds essential for the protection of any finally approved section
of the development.
(10)
As the work of installing the required improvements proceeds,
the party posting the financial security may request the Board of
Supervisors to release or authorize the release, from time to time,
of such portions of the financial security necessary for payment to
the contractor or contractors performing the work. Any such requests
shall be in writing addressed to the Board of Supervisors, and the
Board of Supervisors shall have 45 days from receipt of such request
within which to allow the Township Engineer to certify, in writing,
to the Board of Supervisors that such portion of the work upon the
improvements has been completed in accordance with the approved plat.
Upon such certification, the Board of Supervisors shall authorize
release by the lending institution of an amount as estimated by the
Township Engineer fairly representing the value of the improvements
completed or, if the Board of Supervisors fails to act within said
forty-five-day period, the Board of Supervisors shall be deemed to
have approved the release of funds as requested. The Board of Supervisors
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.
[Amended 10-27-2015 by Ord. No. 567]
(11)
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 Township, 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.
(12)
If financial security has been provided in lieu
of the completion of improvements required as a condition for the
final approval of a plat as set forth in this section, the Township
shall not condition the issuance of building, grading or other permits
relating to the erection or placement of improvements, including buildings,
upon the lots or land as depicted upon the approved final plan. If
financial security has been provided, occupancy permits for any building
or buildings to be erected shall not be withheld following: the improvement
of the streets providing access to and from existing public roads
to such building or buildings to a mud-free or otherwise permanently
passable condition, as well as the completion of all other improvements
as depicted upon 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 or buildings.
(13)
No plan shall be finally approved until the applicant or developer shall have deposited a cash escrow with the Township to be drawn upon by the Township to reimburse the Township for fees, costs and expenses which the Township may incur in connection with the applicant's or developer's subdivision or land development. The amount to be deposited in escrow with the Township shall be 10% of the total construction cost of the required improvements as determined in § 175-53A(7) or elsewhere in the Subdivision and Land Development Ordinance unless, in the judgment of the Township Engineer, a greater or lesser amount is necessary to secure the payment of the expenses which the Township is likely to incur in connection with the subdivision or land development. Upon each withdrawal from the escrow by the Township, the Township shall send the developer or applicant an invoice marked "Paid" for the amount drawn, specifying the particular fee, cost or expense for which the Township has drawn payment or reimbursement. Within 10 days of the developer's receipt of notice from the Township that the balance of the escrow required by this section is inadequate to cover the reasonable costs and expenses likely to be incurred by the Township with regard to the subdivision or land development, the developer or applicant shall post such additional moneys as have been specified in the notice, subject to dispute resolution set forth in § 175-53.1D. In the event that the developer or applicant shall fail to make such payment within 10 days of receipt of notice from the Township and that such failure shall result in insufficient funds in escrow to pay any bill for engineering, legal or other services related to the land development or subdivision within 30 days of its due date, interest shall be added to the bill of the applicant/developer at the rate of 1 1/2% per month until paid.
B.
The subdivider or developer shall carry out the construction
and installation of street improvements, to include grading the full
width of right-of-way to the specified cross section, including the
side slopes, sanitary sewers, storm drains, water and gas mains, curb,
sidewalks, fire hydrants, streetlights, street name signs, shade trees,
paving the cartway in strict accordance with the approved improvement
construction plans with strict adherence to the standards and specifications
of the Township and the erection of approved barricades when streets
terminate temporarily at property boundary lines.
C.
Forty-eight hours prior to the commencement of any
operation in the construction or installation of streets, curbs, sidewalks,
drainage of streets, curbs, sidewalks, drainage facilities, water
and sewer facilities, street signs, monuments or capped sewers, the
owner shall notify the Township Engineer who shall inspect the work,
materials, construction and installations as to Township requirements.
No work requiring a permit from the Pennsylvania Department of Transportation
shall be started until such permit has been received by the Township.
Forty-eight hours prior to the commencement of any operations within
the existing public right-of-way, notice shall be given to the East
Norriton Township Police Department.
D.
The Township Engineer shall be authorized to have
such tests of materials made as he deems proper in order to have proper
control of materials. The owner shall pay to the Township the cost
of such tests plus 5% to reimburse the Township for the collection
of such fees and disbursements of the same to Township Engineer.
E.
All required improvements shall be completed within
one year from the date of final plan approval except as otherwise
provided for pursuant to the terms of the Municipalities Planning
Code. The date of commencement of construction shall be determined
to be the date upon which a building permit has been granted. In no
event shall a building permit be granted after the expiration of one
year from the date of final approval under this chapter without a
resubmission by the subdivider or developer to the Township Engineer
for a determination of any increase in the estimated cost of completion
of required improvements. Provided that the Township is satisfied
that sufficient escrow remains, extensions to complete the construction
of public improvements shall be automatically granted until such time
as the Township shall determine that the subdivision has been substantially
completed. At that time, the Township shall provide to the owner a
written notice that the public improvements must be completed within
six months of the date of that notice. If the public improvements
are not completed as provided therein, the Township shall be entitled
to all remedies pursuant to this chapter and the land development
agreement.
F.
Premises identification. Prior to the issuance of
any use and occupancy permit for any new building, street signs identifying
the names of any streets on which the property exists and all streets
leading thereto shall be installed. Further, premises identification
signs as required by Section 623.0 of the East Norriton Township BOCA
Building Code (1984), as amended, shall be installed on the property.
G.
No construction of buildings or work involved in the
construction or installation of public or other improvements shall
be done before 6:00 a.m. or after 8:00 p.m.
H.
The owner shall be responsible to prevent the accumulation
of debris or mud on existing Township roads. The owner shall follow
the directions of the Township to prevent such an accumulation, and,
in the event that any accumulation occurs, such accumulation shall
be removed promptly upon direction of the Township. Failure to promptly
remove any such accumulation shall entitle the Township, through its
own forces or through subcontractors, to remove the debris and bill
the owner for the work.
A.
When the developer has completed all of the necessary,
appropriate and 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. The Board of Supervisors shall,
within 10 days after receipt of such notice, direct and authorize
the Township Engineer to inspect all of the aforesaid improvements.
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 from the Board of Supervisors; the report
shall be detailed and shall indicate approval or rejection of the
improvements, either in whole or in part, and if the improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Township Engineer, the Engineer's report shall contain a statement
of reasons for such nonapproval or rejection.
B.
The Board of Supervisors shall notify the developer,
within 15 days of receipt of the Engineer's report, in writing by
certified or registered mail, of the action of the Board of Supervisors
with relation thereto.
C.
If any portion of the required 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 outlined herein, shall be followed.
D.
The developer 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 Township when fees are not reimbursed
or otherwise imposed on developers.
(1)
In the event that the developer disputes the
amount of any such expense in connection with the inspection of improvements,
the developer 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 developer's request over disputed
expenses.
(2)
If, within 20 days from the date of billing,
the Township and the developer cannot agree on the amount of expenses
which are reasonable and necessary, then the developer and Township
shall jointly, by mutual agreement, appoint another professional engineer
licensed as such in the Commonwealth of Pennsylvania to review 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 Township and developer
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 Montgomery County
(or if at the time there shall 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 developer 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 developer 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.
