A.
Application filing fees. Application filing fees shall be established
from time to time by resolution of the Borough Council. The application
filing fees shall cover the administrative costs associated with processing
an application for approval of a subdivision or land development and
shall be payable to the Borough at the time of submission of the application.
B.
Application review fees.
(1)
Application review fees shall include reasonable and necessary charges
by the Borough's professional consultants 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 of the Borough
Council. Such review fees shall be reasonable and in accordance with
the ordinary and customary charges for similar service in the community,
but in no event shall the fees exceed the rate or cost charged by
the professional consultant for comparable services to the Borough
for services which are not reimbursed or otherwise imposed on applicants.
Fees charged to the Borough relating to any appeal of a decision on
an application shall not be considered review fees and may not be
charged to an applicant.
(2)
The Borough Council shall submit to the applicant an itemized bill showing work performed, identifying the person performing the services and the time and date spent for each task. Nothing in this subsection shall prohibit interim itemized billing or municipal escrow or other security requirements. In the event that the applicant disputes the amount of any such review fees, the applicant shall, no later than 100 days after the date of transmittal of the bill to the applicant, notify the Borough and the Borough's professional consultant that such fees are disputed and shall explain the basis of their objections to the fees charged, 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. Failure of the applicant to dispute a bill within 100 days shall be a waiver of the applicant's right to arbitration of that bill under Subsection C.
(3)
In the event that the Borough's professional consultant 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 in Subsection C of this section, provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
(4)
Subsequent to a decision on an application, the Borough Council shall
submit to the applicant an itemized bill for review fees, specifically
designated as a final bill. The final bill shall include all review
fees incurred at least through the date of the decision on the application.
If for any reason additional review is required subsequent to the
decision, including inspections and other work to satisfy the conditions
of the approval, the review fees shall be charged to the applicant
as a supplement to the final bill.
C.
Inspection fees.
(1)
The Borough may prescribe that the applicant shall reimburse the
Borough for the reasonable and necessary expense incurred for the
inspection of improvements. The applicant shall not be required to
reimburse the Borough for any inspection which is duplicative of inspections
conducted by other governmental agencies or public utilities. The
burden of proving that any inspection is duplicative shall be upon
the objecting applicant. Such reimbursement shall be based upon a
schedule established from time to time by resolution of the Borough
Council. Such expense shall be reasonable and in accordance with the
ordinary and customary fees charged by the Borough's professional
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 professional consultant to the Borough for comparable services
when fees are not reimbursed or otherwise imposed on applicants.
(2)
The Borough 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 that the applicant
disputes the amount of any such expense in connection with the inspection
of improvements, the applicant shall, no later than 100 days after
the date of transmittal of a bill for inspection services, notify
the Borough and the Borough's professional consultant that such expenses
are disputed as unreasonable or unnecessary and shall explain the
basis of their 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 100 days
shall be a waiver of the applicant's right to arbitration of that
bill under this section.
(3)
Subsequent to the final release of financial security for completion
of improvements for a subdivision or land development, or any phase
thereof, the professional consultant shall submit to the Borough 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.
(4)
If the professional consultant and the applicant cannot agree on
the amount of expenses which are reasonable and necessary, then the
applicant shall have the right, within 100 days of the transmittal
of the final bill or supplement to the final bill to the applicant,
to request the appointment of another professional consultant to serve
as an arbitrator. The applicant and professional consultant whose
fees are being challenged shall, by mutual agreement, appoint another
professional consultant 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 professional consultant whose fees are
being challenged.
(5)
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 professional consultant 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 professional consultant
an amount in excess of the amount determined to be reasonable and
necessary, the professional consultant shall within 60 days reimburse
the excess payment.
(6)
In the event that the Borough's professional consultant and the 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 is no President Judge, then the Senior Active Judge
then sitting, shall appoint such arbitrator who, in that case, shall
be neither the Borough's professional consultant nor any professional
consultant who has been retained by or performed services for the
Borough or the applicant within the preceding five years.
(7)
The fee of the arbitrator shall be paid by the applicant if the disputed
fee is upheld by the arbitrator. The fee of the arbitrator shall be
paid by the charging party if the disputed fee is $2,500 or greater
than the payment decided by the arbitrator. The fee of the arbitrator
shall be paid in an equal amount by the applicant and the charging
party if the disputed fee is less than $2,500 of the payment decided
by the arbitrator.
(8)
In the event that the disputed fees have been paid and the arbitrator
finds that the disputed fees are unreasonable or excessive by more
than $10,000, the arbitrator shall:
(9)
The Borough or the applicant shall have 100 days after paying a fee
to dispute any fee charged as being unreasonable or excessive.
The Borough Council may from time to time amend this chapter
in accordance with the following provisions:
A.
Planning Commission review. In the case of amendments other than
those prepared by the Borough Planning Commission, the Borough Council
shall submit the proposed amendment to the Planning Commission for
recommendations at least 30 days prior to the date fixed for the public
hearing on the proposed amendment.
B.
County Planning Commission review. The proposed amendment shall be
submitted to the Allegheny County Planning Commission for review and
recommendations at least 30 days prior to the public hearing on the
amendment.
C.
Public hearing. Amendments to this chapter shall become effective
only after a public hearing held pursuant to public notice, as defined
herein.
D.
Publication, advertisement and availability of ordinance.
(1)
Proposed amendments shall not be enacted unless public notice, as
defined herein, of the proposed enactment is given, including the
time and place of the meeting at which passage will be considered
and a reference to a place within the Borough where copies of the
proposed amendment may be examined without charge or obtained for
a charge not greater than the cost thereof.
(2)
The Borough Council shall publish the proposed amendment once in
one newspaper of general circulation in the Borough not more than
60 days nor less then seven days prior to passage. Publication of
the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Borough Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation
in the Borough at the time the public notice is published.
(b)
An attested copy of the proposed amendment shall be filed in
the County Law Library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(c)
In the event that substantial amendments are made in the proposed
amendment before voting upon the enactment, the Borough Council shall,
at least 10 days prior to enactment, readvertise in one newspaper
of general circulation in the Borough a brief summary setting forth
all the provisions in reasonable detail, together with a summary of
the amendments.
(d)
Subdivision and land development amendments may be incorporated
into official ordinance books by reference with the same force and
effect as if duly recorded therein.
E.
Filing after enactment. Within 30 days after adoption, the Borough
Council shall forward a certified copy of the amendment to the Allegheny
County Planning Commission.
Any party aggrieved by the decision of the Borough Council regarding
a subdivision or land development plan may appeal such decision within
30 days of the date of entry of the decision of the Borough Council
to the Allegheny County Court of Common Pleas.
A.
In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
B.
The Borough may refuse to issue any permit or to grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. The authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
C.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500, plus all court costs, including reasonable
attorney fees incurred by the Borough as a result thereof. No judgment
shall commence or be imposed, levied or be payable until the date
of the determination of a violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge, determining
that there has been a violation, further determines that there was
a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter, each day that a
violation continues shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
Whenever there is a difference between a minimum standard or
dimension specified in this chapter and those contained in another
official regulation, resolution or ordinance of the Borough or any
other restriction or covenant, the most restrictive standard shall
apply. If a question of conflict arises between various portions of
this chapter, the most restrictive term shall apply.
