The Borough Council shall establish a schedule
of fees and a collection procedure for all applications and other
matters pertaining to this chapter. No action shall be taken in connection
with any subdivision or land development application until all fees
are paid and the applications are properly signed and filed in the
form required by this chapter. Fees established under and in accordance
with this section shall be no higher than those ordinarily and customarily
charged by the Borough Engineer and/or Borough consultants for similar
services in the community.
A. 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 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.
B. In the event that the Borough and the applicant cannot
agree on the amount of the review fees which are reasonable and necessary,
then the applicant and the Borough shall follow the procedure for
dispute resolution set forth in Section 510 of the Municipalities
Planning Code, Act 170 of 1988 (53 P.S. § 10510).
Borough Council may grant a modification to
the requirements of one or more provisions of the chapter if literal
enforcement will impose undue hardship because of peculiar conditions
pertaining to the land in question, provided that such modifications
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed.
A. All requests for modification shall be in writing
and shall accompany and be part of the application for development.
The request shall state in full the grounds and facts of the unreasonableness
of hardship on which the request is based, the provision or provisions
of the chapter involved and the minimum modification necessary. Such
requests shall be presented to the Borough Planning Commission through
the Borough Secretary for advisory comments.
B. Borough Council shall keep a written record of actions
on requests for modifications.