Any person or entity that requests that the Borough undertake an action, including but not limited to rezoning, vacation of streets, transfer of property, construction, installation, or maintenance of an existing or new improvement, which request specifically benefits a particular individual, entity, or property and results in the Borough incurring fees for professional services as defined in §
163-28B and
C shall be responsible for payment of such fees. In the event of any question as to whether an action requested by a person or entity to be undertaken by the Borough falls within the coverage of this chapter, the governing body will make the final determination as to whether said request necessitates the depositing of funds in escrow to insure payment of costs incurred by the Borough. In the event the person or entity elects not to deposit required funds in escrow as required by this chapter, the Borough will be under no obligation to undertake a requested action.