All applications submitted for approval of a
subdivision or land development shall be subject to the following
fees:
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 at the time of
submission of the application.
B. Application review fees.
(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 14 days of the applicant's
receipt of the bill from the Borough Secretary. 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 the
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) Borough Council shall submit to the applicant an itemized
bill showing the work performed, identifying the person performing
the services and the time and date spent for each task.
(5) In the event the applicant disputes the amount of
any such review fees, the applicant shall, no later than 45 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 dispute over
fees. Failure of the applicant to dispute a bill within 45 days shall
be a waiver of the applicant's right to arbitration of that bill.
(6) 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 below in Subsection
C of this article, provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
(7) Subsequent to a decision on an application, 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 approval, the review fees shall
be charged to the applicant as a supplement to the final bill.
C. Inspection fees.
(1) The applicant shall reimburse the Borough for the
reasonable and necessary expense 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) 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.
(3) 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 development agreement required by
this chapter to guarantee payment of the estimated inspection fees
required by this section. Any unused balance remaining in the application
review escrow account shall be rolled over into the inspection fee
escrow account. Any monies remaining in the escrow account after all
inspection fees have been paid shall be returned to the applicant.
(4) Borough Council 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 on each task. In the event the applicant
disputes the amount of any such expense in connection with the inspection
of improvements, the applicant shall, no later than 30 days after
the date of transmittal of a bill for inspection services, notify
the Borough and the Borough's professional consultant that such inspection
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 subdivisions 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
30 days shall be a waiver of the applicant's right to arbitration
of that bill.
(5) 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
Borough Council a bill specifically designated as a final bill. The
final bill shall include inspection fees incurred through the release
of financial security.
(6) If the Borough's professional consultant and the applicant
cannot agree on the amount of expenses which are reasonable and necessary,
the applicant shall have the right, within 45 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 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.
(7) The arbitrator so appointed shall hear such evidence
and review such documentation as the arbitrator in his or her sole
opinion deems necessary and render a decision within 50 days after
the date of appointment.
(8) 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 top implement the decision within
60 days. In the event that 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.
(9) 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 be 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.
(10)
The fee of the arbitrator shall be paid by the
applicant if the review charge is sustained by the arbitrator, otherwise
it shall be divided equally between the parties. If the disputed fees
are found to be excessive by more than $5,000, the arbitrator shall
have the discretion to assess the arbitration fee in whole or in part
against either the applicant or the Borough's professional consultant.
The Borough and the consultant whose fees are the subject of the dispute
shall be parties to the proceeding.