1. Prior to the initiation of construction, the developer shall notify the Borough in order to coordinate an inspection schedule with the construction schedule. Additionally, the Borough Engineer shall be notified 4 working days in advance of any intended date of construction. The provisions stated herein shall be construed as mandating periodic inspections and the undertaking of periodic inspections shall not be construed as an acceptance of the work during construction or as a final inspection of the construction.
2. Reimbursement for Inspections. The applicant shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection or improvements according to a schedule of fees adopted by resolution of the Borough and as amended from time to time.
A. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 100 working days of the date of billing, notify the Borough and the Borough Engineer that such expenses are disputed as unreasonable or unnecessary, in which case the Borough 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 Borough Engineer expenses.
B. If, within 100 days from the date of billing, the Borough and the Applicant cannot agree on the amount of expenses which are reasonable and necessary, then the Applicant and the Borough shall jointly, by mutual agreement, appoint another professional engineer licensed as such in Pennsylvania to review the 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 sole opinion deems necessary and render a decision within 50 days after the date of appointment. The applicant shall be required to pay the entire amount determined in the decision within 60 days.
D. In the event that the Borough and applicant cannot agree upon the professional engineer to be appointed within 20 days of the request for appointment of an arbitrator, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Borough 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 Borough Engineer nor any professional engineer who has been retained by, or performed services for, the Borough or the applicant within the preceding 5 years.
E. 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 $2,500 or more, the Borough shall pay the fee of the professional engineer, but otherwise the Borough and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.
(Ord. 614, 5/11/2015)