A. 
With the exception of minor subdivisions, at the time of filing the preliminary application and the final application, the applicant shall include a check payable to the Borough of Danville in the amount specified in Schedule I hereof. Said fee shall be treated as a deposit against the final review fee for the preliminary application and the final application. Review fees shall include the reasonable and necessary charges by the Borough's professional consultants for review and report thereon to the Borough of Danville. Such fees shall also cover the cost of inspection of improvements; provided, however, that the applicant shall not be required to reimburse the Borough for any inspection which is duplicative of inspections covered by other governmental agencies or public utilities; the burden of proving that any inspection is duplicative shall be on the applicant. In addition, fees charged to the Borough relating to any appeal of a decision shall not be considered review fees and may not be charged to the applicant. Review fees shall be reasonable and in accordance with the ordinary and customary charges for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the professional consultant for comparable services to the Borough for services which are not reimbursed or otherwise imposed on applicants.
[Amended 12-9-2002 by Ord. No. 447; 1-9-2007 by Ord. No. 479]
(1) 
The governing body shall submit to the applicant an itemized bill showing work performed, identifying the person performing the services and the time and date when each task was performed. Nothing in this subparagraph shall prohibit interim itemized billing or municipal escrow or other security requirements. In the event the applicant disputed the amount of any such review fees, the applicant shall, no later than 30 days after the date of transmittal of the bill to the applicant, notify the municipality and the municipality's professional consultant that such fees are disputed and shall explain the basis of their objection to the fees charged, in which case the municipality shall not delay or disapprove the applicant's application based on a dispute over fees. 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 under Section 510(g) of the Pennsylvania Municipalities Planning Code.[1],[2]
[1]
Editor's Note: See 53 P.S. § 10510(g).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
In the event that the municipality's professional consultant and the applicant cannot agree on the amount of the review fees which are able and necessary, then the applicant and the municipality shall follow the procedure for dispute resolution set forth in Section 510(g) of the Pennsylvania Municipalities Planning Code; provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
(3) 
Subsequent to a decision on the application, the 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 the conditions of the approval, the review fees shall be charged to the applicant as a supplement to the final bill.[3]
Schedule I
Fee Deposits
Preliminary Application
Number of Lots
Deposit Per Lot
Minimum Deposit
Fewer than 10
$20
$100
10 to 19
$20
$200
20 to 49
$20
$400
50 to 99
$20
$1,000
100 or more
$20
$2,000
Final Application
Number of Lots
Deposit Per Lot
Minimum Deposit
Fewer than 10
$20
$200
10 to 19
$20
$250
20 to 49
$20
$500
50 to 99
$20
$1,000
100 or more
$20
$2,000
[3]
Editor's Note: Former § 118-29B, Review fee deposit for subdivisions, which immediately followed this subsection, was repealed 1-9-2007 by Ord. No. 479, with the exception of the Schedule of Fee Deposits, which is retained in this chapter.
B. 
Review fee deposit for land developments. At the time of filing, the preliminary application and the final application shall be accompanied by a check payable to the municipality in the amount specified below. Said fee shall be treated as a deposit against the final review fee for the preliminary application and the final application, respectively.
(1) 
All land development fees shall be subject to the review fee provisions of Subsection C(2) hereof.
(2) 
The amount of the review fee to be deposited for all land development applications shall be in accordance with the following schedule:
Area
(square feet)
Amount of Fee
2,000 or less
$200
2,001 or more
$0.10 per square foot, up to a maximum fee of $1,000
C. 
Processing fee. In addition to the above, each application for a subdivision/land development shall be accompanied by a nonrefundable fee to cover the cost of administration required to process applications. Such fees shall be $5 per lot, but not less than $50 per application, including applications for minor subdivisions. In addition, all applicants shall pay the fee of the Montour County Planning Commission.
D. 
Resolution of fee disputes. The municipality may prescribe that the applicant shall reimburse the municipality for the reasonable and necessary expense incurred in connection with the inspection of improvements. The applicant shall not be required to reimburse the governing body 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. Such reimbursement shall be based on a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the municipality's professional consultants to the municipality for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the professional consultant to the municipality for comparable services when fees are not reimbursed or otherwise imposed on applicants, as specified in the following schedule of professional consultants' fees.
[Added 1-9-2007 by Ord. No. 479[4]]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Enforcement authorization. In addition to all those who may by law have the authority to enforce and/or prosecute, it is specifically designated that it shall be the duty of the Borough Council of the Borough of Danville to enforce this chapter.
B. 
Enforcement remedies. Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the municipality, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's fees incurred by the municipality as a result thereof. No judgment shall commence or be imposed, be levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the municipality 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 Magisterial District Judge, determining that there has been a violation, further determines that there was a good-faith basis for the person, partnership or corporation violating the 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 Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
C. 
Preventive remedies.
(1) 
In addition to other remedies, the municipality may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations; to prevent unlawful construction; to recover damages; and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
(2) 
The municipality may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this chapter. This authority to deny such a permit or approval shall apply to any of the following applicants:
(a) 
The owner of record at the time of such violation.
(b) 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(c) 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(d) 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(3) 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the municipality may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.