Borough of Zelienople, PA Article VII Fees

§ 240-29 Filing fee.

The Borough may assess an application filing fee sufficient to cover administrative costs, including clerical labor, advertising, storage, hard-copy and digital communication, and other similar costs necessitated by any certain class of application, commensurate with its scale. Such fees shall be established by resolution or ordinance of Council.

§ 240-30 Application review fees and escrow account.

A. An application review escrow deposit, in an amount that may be established by resolution of Council, shall be payable at the time of submission of the application to guarantee payment of the estimated application review fees required by this article. The actual amount of the review fees in excess of the escrow deposit shall be payable within 45 days of billing by the Borough as an interim itemized bill. Any monies remaining in the escrow account after all review fees have been paid shall be returned to the applicant.

B. Application review fees shall include reasonable and necessary charges by the Borough's professional consultants, Borough Engineer or by the Borough Solicitor, to the extent permitted by law, for review and report on the application to the Borough. Such review fees shall be based upon a schedule established from time to time by resolution or ordinance of Council. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Borough Engineer or other professional consultants for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the Borough Engineer or other professional consultants to the Borough when fees are not reimbursed or otherwise imposed on applicants.

C. The Borough shall submit a final itemized bill or account statement no later than 15 days following the denial, approval, or approval with conditions of a related plan. Any statement submitted beyond that date shall be considered a supplemental invoice.

D. In the event the applicant disputes the amount of any such review fees, the applicant shall, within 45 days of the billing date, notify the Plan Administrator in writing that such fees are disputed, in which case the Borough shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees. Otherwise, no plan shall be released for recording, related developer's agreement executed, or permits for any type of construction issued until payment of the bill occurs.

E. In the event that the Borough and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Borough shall follow the procedure for resolution of disputes as set forth below in § 240-31 of this chapter, provided that the professionals resolving such dispute shall be of the same profession or discipline as the consultants whose fees are being disputed.

§ 240-31 Inspection fees.

A. The Borough shall require the reimbursement of expenses incurred in connection with the inspection of public and private improvements, where the inspections represent that necessary to ensure and verify the proper construction of said improvements in connection with Borough standards.

B. Council shall submit to the applicant an itemized bill showing the work performed in connection with the inspection of improvements performed, identifying the person performing the services and the time and date spent for each task. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, no later than 30 days after the date of transmittal of a bill for inspection services, notify the Borough and the Borough Engineer that such inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of its objections to the fees charged, in which case the Borough shall not delay or disapprove a request for release of financial security, a subdivision or land development application or any approval or permit related to development due to the applicant's dispute of inspection expenses. Failure of the applicant to dispute a bill within 30 days shall be a waiver of the applicant's right to arbitration of that bill under this section.

C. Subsequent to the final release of financial security for completion of improvements for a subdivision or land development, or any phase thereof, the Borough Engineer shall submit to Council a bill for inspection services, specifically designated as a final bill. The final bill shall include inspection fees incurred through the release of financial security.

D. If the Borough Engineer and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant shall have the right, within 45 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another borough engineer to serve as an arbitrator. The applicant and Borough Engineer whose fees are being challenged shall, by mutual agreement, appoint another engineer to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the Borough Engineer whose fees are being challenged.

E. The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and shall render a decision no later than 50 days after the date of appointment. Based on the decision of the arbitrator, the applicant or the Borough Engineer whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days. In the event the Borough has paid the Borough Engineer an amount in excess of the amount determined to be reasonable and necessary, the Borough Engineer shall within 60 days reimburse the excess payment.

F. In the event that the Borough's Borough Engineer and applicant cannot agree upon the arbitrator 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 arbitrator, who, in that case, shall be neither the Borough's Borough Engineer nor any borough engineer who has been retained by or performed services for the Borough or the applicant within the preceding five years.

G. The fee of the arbitrator shall be paid by the applicant if the review fee charged is sustained by the arbitrator, otherwise it shall be divided equally between the parties. If the disputed fees are found to be excessive by more than $5,000, the arbitrator shall have the discretion to assess the arbitration fee in whole or in part against either the applicant or the Borough Engineer. Council and the consultant whose fees are the subject of the dispute shall be parties to the proceeding.