The developer shall provide all improvements
required by these regulations.
A.
No plat shall be finally approved unless the streets
shown on such plat have been improved to a mud-free or otherwise permanently
passable condition, or improved as may be required by the subdivision
and land development ordinance and any walkways, curbs, gutters, street
lights, fire hydrants, shade trees, water mains, sanitary sewers,
storm sewers and other improvements as may be required by the subdivision
and land development ordinance have been installed in accordance with
such ordinance. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees required pursuant to Section 509(i),[1] the subdivision and land development ordinance shall provide
for the deposit with the municipality 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.
[1]
Editor's Note: See 53 P.S. § 10509(i).
B.
When requested by the developer, in order to facilitate
financing, the governing body or the planning agency, if designated,
shall furnish the developer with a signed copy of a resolution indicating
approval of the final plat contingent upon the developer obtaining
a satisfactory financial security. The final plat or record plan shall
not be signed not recorded until the financial improvements agreement
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 unless a written extension is granted
by the governing body; such extension shall not be unreasonably withheld
and shall be placed in writing at the request of developer.
C.
Without limitation as to other types of financial
security which the municipality may approve, which approval shall
not be unreasonably withheld, federal or commonwealth chartered lending
institutions' 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.
D.
Such financial security shall be posted with a bonding
company or federal or commonwealth chartered lending institution chosen
by the party posting the financial security, provided said bonding
company or lending institution is authorized to conduct such business
within the commonwealth.
E.
Such bond, or other security shall provide for, and
secure to the public, the completion of any improvement which may
be required on or before the date fixing the formal action of approval
or accompanying agreement for completion of the improvements.
F.
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 municipality
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 municipality 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.
G.
The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements,
submitted by an 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 municipality,
upon the recommendation of the Municipal Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the municipality 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 municipality 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
municipality and the applicant or developer.
H.
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
improvement as established on or about the expiration of the preceding
one-year period by using the above bidding procedure.
I.
In the case where development is projected over a
period of years, the governing body or the planning agency may authorize
submission of final plants by section or stages of development subject
to such requirements or guarantees as to improvements in future sections
or states of development as it finds essential for the protection
of any finally approved section of the development.
J.
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
governing body to release or authorize the release, from time to time,
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 governing body, and the governing body
shall have 45 days from receipt of such request within which to allow
the Municipal Engineer to certify, in writing, to the governing body
that such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification the
governing body shall authorize release by the bonding company or lending
institution of an amount as estimated by the Municipal Engineer fairly
representing the value of the improvement completed or, if the governing
body fails to act within said forty-five-day period, the governing
body shall be deemed to have approved the release of funds as requested.
The governing body 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.
K.
Where the governing body accepts dedication of all
or some of the required improvements following completion, the governing
body may require the posting of 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 plat for a term not to exceed 18 months from the date
of acceptance of dedication. Said financial, security shall be of
the same type as otherwise required in this section with regard to
installation of such improvements, and the amount of the financial
security shall not exceed 15% of the actual cost of installation of
said improvements.
L.
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 municipality, financial security to assure proper completion and
maintenance thereof shall be posted in accordance with the regulations
of controlling public utility or municipal authority and shall not
be included within the financial security as otherwise required by
this section.
M.
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 municipality
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 final plat upon actual
completion of the improvements depicted upon the approved final plat.
Moreover, if said 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 plat, 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. Any ordinance or statute inconsistent
herewith is hereby expressly repealed.
A.
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the municipal
governing body, in writing, by certified or registered mail, of the
completion of the aforesaid improvements and shall send a copy thereof
to the Municipal Engineer. The municipal governing body shall, within
10 days after receipt of such notice, direct and authorize the Municipal
Engineer to inspect all of the aforesaid improvements. The Municipal
Engineer shall, thereupon, file a report in writing with the municipal
governing body, 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 Municipal Engineer
of the aforesaid authorization from the governing body; 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 Municipal Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
B.
The municipal governing body 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 municipal governing
body with relation thereto.
C.
If the municipal governing body or the Municipal Engineer
fails to comply with the time limitation provisions contained herein,
all improvements will 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 municipal governing body,
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 contest or question by legal proceeding
or otherwise, any determination of the municipal governing body or
the Municipal Engineer.
F.
Where herein reference is made to the Carroll Township
Engineer he shall be as consultant thereto.
G.
The applicant shall reimburse the municipality for
all reasonable and necessary expenses 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 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 municipalities
when fees are not reimbursed or otherwise imposed on applicants.
(1)
In the event the applicant disputes the amount of
any such expenses in connection with the inspection of improvements,
the applicant shall, within 10 working days of the date of billing,
notify the municipality that such expenses are disputed as unreasonable
or unnecessary, in which case the municipality 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 expenses.
(2)
If, within 20 days from the date of billing, the municipality
and the applicant cannot agree on the amount of expenses which are
reasonable and necessary, then the applicant and municipality shall
jointly, by mutual agreement, appoint another professional engineer
licensed as such in the Commonwealth of Pennsylvania to review the
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 municipality 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 be 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.
(5)
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 $1,000
or more, the municipality shall pay the fee of the professional engineer,
but otherwise the municipality and the applicant shall each pay 1/2
of the fee of the appointed professional engineer.
[Amended 3-6-2012 by Ord. No. 59]
In the event that any improvements which may
be required have not been installed as provided in this chapter or
in accordance with the approved final plan, the Board of Supervisors
may enforce any corporate bond or other security by appropriate legal
and equitable remedies. If the proceeds of such bond or other security
are insufficient to pay the cost of the improvements covered by said
security, the Supervisors may, at their option, install part of such
improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action or recover
the moneys necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the security or from any
legal or equitable action brought against the applicant, or both,
shall be used solely for the installation of the improvements covered
by such security, and not for any other municipal purpose.
[Amended 3-6-2012 by Ord. No. 59]
A.
One monument per lot must be set.
B.
Monuments and markers shall be made of the following
size and material:
(1)
Monuments
shall be four inches square or four inches in diameter and shall be
30 inches long. Monuments must be marked on top with a copper or brass
plate or dowel set in the concrete.
(2)
Markers
shall be 3/4 of an inch in square or 3/4 of an inch in diameter and
24 inches long. Markers shall be made of iron pipes or iron or steel
bars.
D.
Monuments and markers must be placed so that the scored
or marked point coincides exactly with the point of intersection of
the lines being monumented.
E.
Monuments
and markers must be set prior to approval of the final plot.
A.
Streets. Streets must be surfaced to the grades and
dimensions drawn on the plans, profiles and cross-sections submitted
by the applicant, and approved by the Board of Supervisors. Before
paving the streets surface, the applicant must install the required
utilities and provide, where necessary, adequate stormwater drainage
for the street acceptable to the Supervisors. The pavement base, wearing
surface and shoulders must be constructed according to the following
specifications excepting however that for the construction of arterial
roads or highways, the subdivider shall consult the Supervisors and
be governed by the Pennsylvania Department of Transportation for the
method of construction to be used.
B.
Pavement.
[Amended 3-6-2012 by Ord. No. 59]
(1)
Street specifications.
|
Flexible
Pavements
|
Type
|
Minor
Street
(inches)
|
Collector
Street
(inches)
| |
|---|---|---|---|---|
|
Surface
|
ID-2 wearing course
|
1 1/2
|
1 1/2
| |
|
Base
|
ID-2 binder course
|
2 1/2
|
3
| |
|
Subbase
|
2A modified stone
|
6
|
8
| |
|
Shoulder
|
Paved Type 3
|
(2)
Alternative paving specifications. The Board of Supervisors
may approve alternative paving specifications subject to submission
of a paving plan supported by a paving analysis and site-specific
geotechnical analysis prepared by a Pennsylvania-licensed professional
engineer or geologist.
C.
Roadway cross-slope. All streets shall have cross-slope
to provide proper drainage. The slope shall be 0.02 feet per foot
as a minimum.
D.
Delivery slips of all materials used in the construction
of streets shall be furnished to the Township.
E.
Upon completion of construction, the builder or developer
may request the Township to accept the street and its related appurtenances.
To be considered for acceptance, a street must:
(1)
Be located on a dedicated right-of-way.
(2)
Comply with all Township ordinances, the project construction
plans, if applicable, and any comments from the Township Engineer.
(3)
All construction must be completed including the street,
curbs and walks (if applicable), storm drainage and other related
items.
(4)
The street surface must be free of trenches, patches
and other irregularities. It may be necessary to provide a one-inch
overlay to place the street in acceptable condition and a maintenance
bond will be required.
(5)
All surface water must be adequately controlled, including
the total piping of springs, seeps, and groundwater discharges, so
that it does not flow in the streets.
(6)
All disturbed areas shall be properly vegetated or
final graded, topsoiled, limed, fertilized, and seeded as required.
F.
Shoulders. All shoulders shall be stabilized with
full stone base in accordance with Pennsylvania Department of Transportation,
Form 408, as revised to date.
G.
Driveway entrances
(1)
Entrances onto Township roads.
(a)
Where a proposed driveway provides access onto
a Township road the design shall prevent stormwater drainage from
flowing onto the Township road. The plan of the proposed access shall
be submitted to the Township Engineer for review and approval.
(b)
Driveway entrances or aprons within the street
right-of-way shall be surfaced to their full width, and in no case
shall be less than 10 feet, the type of base and wearing surface to
be the same as specified above. Where sidewalks are installed, the
required driveway surfacing shall end at the street side of the sidewalk.
(2)
Entrances onto state roads (PennDOT). Where a proposed
driveway provides access onto a state highway (legislative route,
Pennsylvania route or United States route) the design of such driveway
access and drainage shall be prepared in accordance with the requirements
of the Pennsylvania Department of Transportation and shall be subject
to the approval and issuance of permits by the Department.
A.
Where a public sanitary sewer system is within 1,000
feet of, or where plans approved by the municipality provide for the
installation of such public sanitary sewer facilities to within 1,000
feet of, a proposed subdivision, the subdivider shall provide the
subdivision with a complete sanitary sewer system as designed by a
registered engineer for review and approval. The feasibility must
be approved by the Carroll Township Board of Supervisors.
B.
Where the installation of a sanitary sewer system
is not required, the subdivider or owner of the lot shall provide
for each lot, at the time improvements are erected thereon, a private
sewage disposal system consisting of a septic tank and tile absorption
field or other approved sewage disposal system. All such individual
sewage disposal systems shall be constructed in accordance with the
"Rules and Regulations of the Pennsylvania Department of Environmental
Protection" and shall be approved by the Carroll Township Sewage Enforcement
Officer.
C.
Where a private, community sewerage system is proposed,
such system shall be subject to approval of the Pennsylvania Department
of Environmental Protection before approval by the Township. As a
condition of Township approval, the Board upon recommendation of the
Planning Commission may establish terms for future acceptance of such
system on behalf of Carroll Township Board of Supervisors which may
include a deferral of acceptance or a permanent refusal to accept.
All private, community sewerage system shall be owned and maintained
by a perpetual entity and such ownership and maintenance responsibility
shall be clearly established as a condition of final plan approval.
D.
Where a water main supply system is within 1,000 feet
of, or where plans provide for the installation of such public water
facilities the subdivider shall provide the subdivision with a complete
water main supply system to be connected to the existing or proposed
water main supply system in accordance with the Carroll Township Specifications.
All water line designs must be submitted to the Carroll Township Engineer
for review and approval. The feasibility must be approved by the Carroll
Township Board of Supervisors.
E.
Where installation of a public water main supply system
is not required, the subdivider or owner of the lot shall provide
for each lot, at the time improvements are erected thereon, an individual
water supply in accordance with the rules and regulations of the Pennsylvania
Department of Environmental Protection, as to source and installation.
F.
Water supply facilities will be designed so as to
provide adequate supply and pressure for domestic use and for fire
fighting purposes, as determined by the Carroll Township Engineer.
G.
Where a private, community water system is proposed,
such system shall be subject to the approval of the Pennsylvania Department
of Environmental Protection before approval by the Township. As a
condition of Township approval, the Board upon recommendation of the
Planning Commission may establish terms for future acceptance of such
system on behalf Carroll Township Board of Supervisors which may include
a deferral of acceptance or a permanent refusal to accept. All private,
community water systems shall be owned and maintained by a perpetual
entity and such ownership and maintenance responsibility shall be
clearly established as a condition of final plan approval.
A.
Construction standards of stormwater management and
erosion control facilities shall be in accordance with the approved
plan and accompanying specifications, if any. The construction details
and standards of the following publications in their most recent revision
shall control:
B.
Whenever the evidence available to the Carroll Township
Supervisors and/or the recommendation of the Carroll Township Planning
Commission indicates existing surface drainage is inadequate, the
subdivider shall install storm sewers, culverts, and related facilities
designed by a registered professional engineer, as necessary to:
(1)
Permit the unimpeded flow of natural watercourses.
(2)
Ensure the drainage of all low points along the line
of streets.
(3)
Intercept stormwater runoff along streets at intervals
reasonably related to the extent and grade of the area drained.
(4)
Provide positive drainage away from on-site sewage
disposal facilities.
C.
Storm drainage facilities must be designed not only
to handle the anticipated peak discharge from the property being subdivided,
but also the anticipated increase in runoff that may occur when all
the property at a higher elevation in the same drainage basin is fully
developed.
D.
Existing facilities. Where adequate existing storm sewers are readily accessible, the subdivider must connect his stormwater facilities to these existing storm sewers. Where the development of a property results in the overloading of existing Township stormwater facilities the developer shall be responsible for replacing the facilities in accordance with Article IV.
E.
Abutting properties.
(1)
In the design of storm drainage facilities, special
consideration must be given to preventing excess runoff onto adjacent
properties. In no case may a change be made in the existing topography
which would:
(a)
Result in increasing any portion of the slope
steeper than one foot of vertical measurement for three feet of horizontal
measurement for fills, or one foot of vertical measurement for two
feet of horizontal measurement for cuts within a distance of 20 feet
from the property line unless an adequate retaining wall or other
structure is provided.
(b)
Result in a slope which exceeds a stable slope
for the material involved.
(2)
All slopes must be protected against erosion in accordance
with the "Erosion and Sedimentation Control Handbook of Cumberland,
Dauphin and Perry Counties."
F.
Drainage upon and on streets.
(1)
Upon streets.
(b)
A street must be designed so as to provide for
the discharge of surface water from its right-of-way. The slope of
the crown on a street shall be 1/4 of an inch per foot. Adequate facilities
must be provided at low points along the street and other points necessary
to intercept runoff. Shoulders shall have a slope of not less than
1/2 of an inch per foot.
G.
Drainage structures.
Construction of curbs and gutters within the
Township shall conform to the following requirements:
A.
The developer shall install curbs and gutters whenever
a proposed subdivision or land development shall have an average of
six or more lots or dwelling units per net acre included in the project,
or where any project is within 1,000 feet of any existing or recorded
subdivision of land development located along the same side of a connecting
street and having curbs, curbs shall be installed on lot frontages
of the street. In areas where curbing is not required, suitable gutters
shall be designed and installed subject to Township approval to control
erosion. If curbs are to be installed, the pavement shall extend from
curb to curb and shall not be less than 32 feet wide. When the stormwater
management plan adequately controls surface water without provisions
for curbs is evident other than the density factor, the curbing requirement
may be waived by the Township.
B.
Construction of curbs and gutters shall be constructed
according to the standards set forth in the most recent edition or
revisions to PennDOT Specification, Form 408, as revised to date.
The type of curbs or gutters shall be determined by the Engineer.
All construction of sidewalks within the Township
shall conform to all of the following requirements:
A.
The developer shall install sidewalks wherever a proposed
subdivision or land development has an average of six or more lots
or dwelling units per net acre or is within 1,000 feet of any existing
or recorded subdivision or land development located along the same
side of a connecting street having sidewalks, sidewalks shall be installed
on all lot frontages.
(1)
Sidewalks, if to be located within the right-of-way
of the street, shall extend in width from curb to the right-of-way,
not to exceed six feet in width.
(2)
If sidewalks are not to be located in the dedicated
street right-of-way, suitable documentation shall be submitted setting
forth the ongoing ownership and maintenance responsibility of the
sidewalks as well as the appropriate easements.
(3)
Sidewalks must be at least four feet wide. In the
vicinity of shopping centers, schools, recreation areas and other
such facilities, sidewalks must be at least five feet wide and located
within the street right-of-way.
B.
Sidewalks if located within the dedicated street right-of-way
shall be constructed of concrete in accordance with PennDOT Form 408,
as revised to date.
A.
The construction or installation of all improvements
shall at all times be subject to inspections by representatives of
the Township. If such inspection reveals that work is not in accordance
with the approved plans and specifications, that construction is not
being done in a satisfactory manner, or that erosion sediment, resulting
from the construction, is being deposited on adjacent areas, the said
representative is empowered to require corrections to be made and/or
require the suspension of the subdivision approval and to issue a
cease and desist order, which may include any or all of the following
sanctions:
B.
The said cease and desist order shall be terminated
upon the determination by Township representatives that the said defects
or deviations from plan requirements have been corrected.
C.
No underground pipes, structures, subgrades (including
cut and fill slopes) or base course shall be covered until inspected
and approved by the Township at the following intervals:
(1)
Prior to clearing and rough grading.
(2)
Upon completion of rough grading, but prior to placing
topsoil, installing permanent drainage or other site improvements
or establishing covers.
(3)
Upon excavation and completion of subgrade, cuts and
fills.
(4)
Upon excavation, installation, and completion of drainage
structures, community sewage systems, or water supply systems.
(5)
Before placing stone base course, or before initial
layer of screening.
(6)
Before placement of all bituminous courses.
(7)
Before placement of wearing course.
(8)
Upon completion.
D.
The developer shall notify the designated representative
of the Township (usually the Township Engineer) at least 48 hours
in advance of the commencement of any construction operations requiring
an inspection.
The subdivision or land development shall be
provided with street name signs at all intersections. Such signs shall
conform to Township specifications and shall be installed by the subdivider
or developer at his expense in a manner specified by the Carroll Township
Engineer. Street names shall be subject to approval by the Carroll
Township Board of Supervisors and the postal authorities.
The appeal and character of the site shall be
preserved and enhanced by retaining and protecting existing trees
and other site features; and additional new plant material may be
added for privacy, shade, beauty of buildings and grounds.
A.
Within any land development or subdivision consisting
of over 10 lots, it is encouraged that street trees be planted along
all streets where suitable street trees do not exist.
B.
Street trees may be planted at intervals of not more
than 45 feet, or an equivalent number shall be planted in an informal
arrangement.
C.
Street trees shall not be planted opposite each other
but shall alternate.
D.
At intersections, trees shall be located no closer
than 75 feet from the intersection of the street right-of-way lines.
E.
Trees shall not be planted within any street right-of-way.
A.
Within 30 days after completion and approval by the Township of public improvements as shown on final plans, and before acceptance of such public improvements and prior to the release of the improvement bond in accordance with § 120-36 of this chapter, the applicant shall submit to the Board of Supervisors a corrected copy of said plans showing actual locations, dimensions, and conditions of streets and all other public improvements, including easements showing geometry and monument locations certified by a registered engineer and a registered surveyor to be in accordance with actual construction. Record set plans shall show elevations and inverts to all manholes, pipes and roads, lateral connections to sewer mains and water service mains.
[Amended 12-2-2003 by Ord. No. 51]
B.
If the as-built plans are not submitted within the
three-month period, the Board of Supervisors may direct the Township
Engineer to prepare the plans and bill the developer for all associated
costs.
