Borough of Pennsburg, PA Article VII Administration, Fees and Penalties

§ 96-64 General administration.

All provisions of this chapter shall be administered by the Borough Council or its officially designated representatives. All matters relating to this chapter shall be submitted to the Borough Secretary, who shall handle the matter in accordance with current Borough policies, procedures and guidelines established by the Council.

§ 96-65 Public records.

The Borough shall keep a public record of its correspondence, findings, recommendations and actions relating to plans filed for review, in accordance with the policies, procedures and guidelines established by the Council.

§ 96-66 Fees and costs.

A. No application for preliminary or final plan approval shall be considered as submitted until the fees and/or escrow deposit, as set forth below, shall have been paid.

B. The Council shall adopt and amend by resolution a schedule of fees, payable by the applicant to the Borough, for the filing of preliminary and final plans.

C. Escrows. The Council shall adopt and amend by resolution a schedule of escrow deposits to be paid by the applicant to the Borough at the time of filing of an application, sufficient to pay all Borough expenditures anticipated in the course of its review and disposition of plans.

(1) Costs incurred by the Borough in excess of the escrowed amount shall be paid by the applicant prior to the granting of approvals or permits.

(2) If costs incurred by the Borough are less than the escrowed amount, the difference shall be refunded to the applicant following disposition of the plans.

D. Borough expenditures subject to escrow as in Subsection C above include but are not limited to the following:

(1) Engineering and other technical services such as plan review and construction inspections.

(2) Materials and facilities tests.

(3) Services of the Borough Solicitor in reviewing and/or preparing documents related to the plan reviews.

§ 96-67 Violations and penalties.

[Amended 7-2-1990 by Ord. No. 2-90]

Any person, partnership or corporation who or which has violated the provisions of this Subdivision and Land Development Ordinance 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 the 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 District Justice. 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 District Justice, 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 District Justice, and thereafter, each day that a violation continues shall constitute a separate violation. All fines collected for such violations shall be paid to the Borough.