No project shall be considered in compliance
with this chapter until the streets, street signs, sidewalks and walkways,
gutters and curbs within street rights-of-way, buffer planting, shade
trees, storm drainage facilities, sanitary sewer facilities for dedication
(exclusive of laterals), water supply facilities (exclusive of laterals),
fire hydrants, lot line markers, survey monuments, streetlights, street
trees and other improvements as may be required have been installed
in accordance with this chapter.
Inspections required. The Commission or the
municipality and/or the Authority which is to inspect the improvement
shall require inspections of the plans for correctness and inspections
of the construction of the improvements. The applicant shall agree
to reimburse the borough and/or Authority for any and all necessary
expenses incurred on the inspection of such improvements, including
but not limited to engineering services, surveys, administrative costs
and legal expenses. 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 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
or the Authority when fees are not reimbursed or otherwise imposed
on applicants.
A. In the event that the applicant disputes the amount
of any such expense in connection with the inspection, the applicant
shall, within 10 working days of the date of billing, notify the municipality
or the Authority which performed the inspection that such expenses
are disputed as unreasonable or unnecessary. A subdivision or land
development application or any approval or permit related to development
shall not be delayed or disapproved due to the applicant's request
over disputed engineer expenses.
B. If, within 20 days from the date of billing, the municipality
or the Authority and the applicant cannot agree on the amount of expenses
which are reasonable and necessary, then the applicant and public
agency 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.
C. 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 pay the entire amount
determined in the decision immediately.
D. In the event that the municipality or the Authority
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
is 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.
E. The developer shall provide at least 24 hours' notice
prior to the start of construction of any improvements that are subject
to inspection.
All improvements shall be deemed to be private
improvements and only for the benefit of the specific project until
such time as the same have been offered for dedication and formally
accepted by the municipality or Authority by ordinance, resolution,
deed or other formal document. No responsibility of any kind with
respect to improvements shown on the final plan shall be transferred
until the improvements have been formally accepted. No improvement
shall be accepted for dedication except upon submission of as-built
drawings by the developer and inspection of the final construction.
When a municipality and/or Authority has accepted
dedication of certain improvements, it may, at its discretion, require
the applicant to submit 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 plans. Such guaranty shall be posted or shown on the application
for 18 months after the date of acceptance of improvements. Such financial
security shall be of the same type as required to guarantee construction
of improvements and shall be 15% of the actual cost of installation
of said improvements.