(A) (1) When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough Council in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer.
(2) The Borough Council shall, within ten days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements.
(3) The Borough Engineer shall, thereupon, file a report in writing with the Borough Council, 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 the receipt by the Borough Engineer of the aforesaid authorization from the Borough Council; 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 Borough Engineer, said report shall contain a statement of reasons for such disapproval or rejection.
(B) The Borough Council 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 said Borough Council with relation thereto.
(C) If the Borough Council or Borough Engineer fails 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 its performance guaranty bond or other security agreement.
(D) If any portion of the said improvements shall not be approved or shall be rejected by the Borough Council, 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 construct or question by legal proceedings or otherwise, any determination of the Borough Council or the Borough Engineer.
(F) Where herein reference is made to the Borough Engineer, he or she shall be as a consultant thereto.
(G) The applicant or developer shall reimburse the borough for the reasonable and necessary expense incurred for the inspection of improvements according to a schedule of fees adopted by resolution of the Borough Council and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough 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 borough 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 ten working days of the date of billing, notify the borough 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 engineer’s expenses.
(2) If, within 20 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 the Commonwealth, to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(3) (a) 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.
(b) The applicant shall be required to pay the entire amount determined in the decision immediately.
(4) In the event that the borough 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 borough 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 Borough Engineer nor any professional engineer who has been retained by, or performed services for, the borough or the applicant within the preceding five years.
(5) (a) 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.
(b) If the amount of payment required in the decision is less than the original bill by $1,000 or more, the borough shall pay the fee of the professional engineer, but otherwise the borough and the applicant shall each pay one-half of the fee of the appointed professional engineer.
(2006 Code, § 22-613) (Ord. 90-9, passed 9-10-1990, § 613; Ord. 94-02, passed 5-2-1994, Art. III)