A.
Application filing fees. A schedule of application
filing fees shall be established, from time to time, by resolution
of 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.
[Amended 4-27-2005 by Ord. No. 400]
B.
Application review fees.
[Added 4-27-2005 by Ord. No. 400[1] ]
(1)
An application review escrow deposit in an amount
established from time to time by resolution of Borough Council also
shall be payable at the time of submission of the application to guarantee
payment of the estimated application review fees required by this
subsection. The actual amount of the review fees in excess of the
escrow deposit shall be payable within 10 days of billing by the Borough.
Any monies remaining in the escrow account after all review fees have
been paid shall be returned to the applicant.
(2)
Failure to pay the required escrow deposit or any
additional review fees required by this subsection shall cause the
application to be determined to be incomplete and the application
shall not be scheduled for review by the Planning Commission or Borough
Council until such fees are paid.
(3)
Application review fees shall include reasonable and
necessary charges by the Borough's professional consultants or the
Borough Engineer 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 Borough 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.
(4)
In the event the applicant disputes the amount of
any such review fees, the applicant shall, within 10 days of the billing
date, notify the Borough Secretary that such fees are disputed, in
which ease the Borough shall not delay or disapprove a subdivision
or land development application due to the applicant's request over
disputed fees.
[1]
Editor's Note: This ordinance also renumbered
former Subsections B, C and D as D, E and F, respectively.
C.
Inspection fees; escrow deposit; dispute of expenses.
[Added 4-27-2005 by Ord. No. 400]
(1)
The applicant shall reimburse the Borough for the
reasonable and necessary expenses incurred for the inspection of improvements.
Such reimbursement shall be based upon a schedule established from
time to time by resolution of Borough Council. 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 Borough Engineer or consultant
to the Borough when fees are not reimbursed or otherwise imposed on
applicants.
(2)
An inspection fee escrow deposit in an amount established
from time to time by resolution of Borough Council shall be payable
at the time of execution of the developer's agreement to guarantee
payment of the estimated inspection fees required by this section.
The actual amount of the inspection fees in excess of the escrow deposit
shall be payable within 10 days of billing by the Borough. Any monies
remaining in the escrow account after all inspection fees have been
paid shall be returned to the applicant.
(3)
In the event the applicant disputes the amount of
any such expense in connection with the inspection of improvements,
the applicant shall, within 10 working days of the date of billing,
notify the Borough Secretary 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 expenses.
(4)
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 of Pennsylvania to review the
said expenses and make a determination as to the amount thereof which
is reasonable and necessary.
(5)
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.
(6)
In the event that the Borough and the 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 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 five years.
(7)
The fees 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 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.
D.
The schedule of fees and charges established shall
vary and be regulated in accordance with the scope and complexity
of the plan of subdivision and land development project.
E.
Where a plan of subdivision or land development has
for any reason been rejected by the governing body, the applicant,
when resubmitting plans and application for review and approval of
the same, shall be required to pay a fee as set forth in the Borough's
schedule of fees and charges for such submittals.
F.
All fees shall be made payable to the Secretary of
the Borough. All fees submitted are nonrefundable, and the approval
or rejection for any reason of any plan of subdivision or land development
will not be reason or cause for the return of any fee submitted.
