A.
Creation of office. The office of Zoning Officer is
hereby established.
B.
Appointment. The Zoning Officer shall be appointed
by and compensated by the governing body.
C.
Holding other public office. The Zoning Officer shall
not hold any elective office in the municipality.
D.
Powers and duties.
(1)
The Zoning Officer shall administer the Zoning Ordinance
in accordance with its literal terms and shall not have the power
to permit any construction or any use or change of use which does
not conform to this chapter. He is authorized to institute civil enforcement
proceedings as a means of enforcing the regulations of this chapter
for which he has designated responsibilities. He shall examine all
applications for permits, issue permits for the construction, alteration,
enlargement and occupancy of all uses which are in accordance with
the requirements of this chapter and all nonconforming uses, record
and file all applications for permits with accompanying plans and
documents and make such reports to the Planning Commission and the
Zoning Hearing Board as may be required.
E.
Appeals. All appeals from decisions of the Zoning
Officer shall be taken in the manner set forth in this chapter and
as otherwise prescribed by the Pennsylvania Municipalities Planning
Code.
F.
Qualifications of the Zoning Officer. The Zoning Officer
shall be able to demonstrate to the satisfaction of the local governing
body a working knowledge of municipal zoning.
G.
Registration of nonconforming uses and structures.
The Zoning Officer may identify and register nonconforming uses and
structures and shall identify the reasons for their identification
as nonconformances.
H.
Issuance of preliminary opinion. In order not to unreasonably
delay the time when a landowner may secure assurance that the ordinance
or map under which he proposes to build is free from challenge, and
recognizing that the procedure for preliminary approval of his development
may be too cumbersome or may be unavailable, the landowner may advance
the date from which time for any challenge to the ordinance or map
will run under Section 914.1 of Act 247, as amended,[1] by the following procedure:
(1)
The landowner may submit plans and other materials
describing his proposed use or development to the Zoning Officer for
a preliminary opinion as to their compliance with the applicable ordinances
and maps. Such plans and other materials shall not be required to
meet the standards prescribed for preliminary, tentative or final
approval or for the issuance of a building permit so long as they
provide reasonable notice of the proposed use or development and a
sufficient basis for a preliminary opinion as to its compliance.
(2)
If the Zoning Officer's preliminary opinion is that
the use or development complies with the ordinance or map, notice
thereof shall be published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall include a general description of the proposed use or development
and its location, by some readily identifiable directive, and the
place and times where the plans and other materials may be examined
by the public. The favorable preliminary approval under Section 914.1
of Act 247, as amended,[2] and the time therein specified for commencing a proceeding
with the Board shall run from the time when the second notice thereof
has been published.
[2]
Editor's Note: See 53 P.S. § 10914.1.
[1]
Editor's Note: See 53 P.S. § 10914.1.
A.
Purpose: to determine compliance with the provisions
of this chapter. No person shall erect, alter or convert any structure
or building or part thereof, nor alter the use of any land, subsequent
to the adoption of this chapter, until a zoning permit has been issued
by the Zoning Officer.
B.
Application for permits. All such applications shall
be accompanied by plans, in duplicate, drawn to scale, showing the
actual shape and dimensions of the lot or lots to be built upon, its
assessment map and parcel number as recorded, the date of official
record of any lot or lots on which construction is proposed, the exact
size and location of any building, sign, parking or loading area or
other physical feature existing or proposed on the lot, the existing
and intended use of each building or part of a building, the number
of families, dwelling units, employees, offices or other appropriate
units of occupancy which the building is designed to accommodate and
such other information as may be necessary to determine compliance
with this chapter. One copy of such plans shall be returned to the
owner when such plans shall be approved; one copy each of all applications
with accompanying plans and documents shall become a public record
after a permit is issued or denied.
C.
Issuance of permits.
(1)
It shall be the duty of the Zoning Officer to issue
a zoning permit, provided that he is satisfied that the structure,
building, sign, parking area of premises and the proposed use thereof
conform with all requirements of this chapter and that all other reviews
and actions, if any, called for in this chapter have been complied
with and all necessary approvals secured thereof.
(2)
All zoning permits shall be issued in duplicate, and
one copy shall be kept conspicuously on the premises affected and
protected from the weather whenever construction work is being performed
thereon. No owner, contractor, workman or other person shall perform
any building operations regulated by this chapter of any kind unless
a zoning permit covering such operation has been displayed as required
by this chapter, nor shall they perform such building operations after
notification of the revocation of said zoning permit.
D.
Denial of permits. When the Zoning Officer is not
satisfied that the applicant's proposed development will meet the
requirements of this chapter, he shall refuse to issue a zoning permit
and the applicant may appeal to the Zoning Hearing Board for a reversal
of the Zoning Officer's decision.
E.
Revocation of permits.
(1)
If it shall appear at any time to the Zoning Officer
that the application or accompanying plans are in any material respect
false or misleading or that work is being done upon the premises differing
materially from that called for in the applications filed with him
under existing laws or ordinances, he may forthwith revoke the zoning
permit, whereupon it shall be the duty of the person holding the same
to surrender it and all copies thereof to said Zoning Officer. After
the zoning permit has been revoked, the Zoning Officer may, in his
discretion, before issuing a new zoning permit, require the applicant
to file an indemnity bond in favor of the municipality with sufficient
surety conditioned for compliance with this chapter and all building
laws and ordinances then in force and in a sum sufficient to cover
the cost of removing the building if it does not so comply.
(2)
Any development authorized by a zoning permit shall
be completed within a period of one year of the date of such permit.
If such development is not completed within one year, the zoning permit
shall be automatically revoked, and any future development of the
subject project shall require a new application and the issuance of
a new permit.
F.
Conditional use permits.
[Added 5-5-2009 by Ord. No. 496]
(1)
Procedure. Conditional uses shall be allowed only
upon a determination by the governing body that they comply with the
standards and criteria set forth herein. The governing body shall
hold hearings on and decide requests for conditional uses in accordance
with the standards and criteria set forth herein. The hearing shall
be conducted by the governing body or the governing body may appoint
any member or an independent attorney as a hearing officer. The decision
shall be made by the governing body. However, the applicant, in addition
to the municipality, may, prior to the decision of the hearing, waive
decision by the governing body and accept the decision of the hearing
officer as final. In granting a conditional use, the governing body
may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter.
(2)
Timing.
(a)
The governing body shall render a written decision
on the conditional use application within 45 days after the last hearing
before the governing body. Where the application is contested or denied,
each decision shall be accompanied by findings of fact or conclusions
based thereon, together with any reasons therefor. Conclusions based
on any provisions of any ordinance, rule or regulation shall contain
a reference to the provision relied on and the reasons why the conclusion
is deemed appropriate in the light of the facts found.
(b)
Where the governing body fails to render the
decision within the period required by this subsection or fails to
commence, conduct or complete the required hearing as provided in
Section 908(1.2) of the MPC,[1] the decision shall be deemed to have been rendered in
favor of the applicant unless the applicant has agreed in writing
or on the record to an extension of time. When a decision has been
rendered in favor of the applicant because of the failure of the governing
body to meet or render a decision as hereinabove provided, the governing
body shall give public notice of the decision within 10 days from
the last day it could have met to render a decision. If the governing
body shall fail to provide such notice, the applicant may do so.
[1]
Editor's Note: See 53 P.S. § 10908(1.2).
(c)
Nothing in this subsection shall prejudice the
right of any party opposing the application to appeal the decision
to a court of competent jurisdiction. A copy of the final decision
shall be delivered to the applicant personally or mailed to him no
later than the day following its date.
(3)
Additional requirements. The governing body may, upon
a review of the application including the environmental assessment,
establish such additional requirements for the development and the
operation of the conditional use as may be required to protect the
public health, safety and general welfare of the community; provided,
however, that such additional requirements shall not be related to
off-site transportation or road improvements.
(4)
Administrative procedures.
(a)
Application. Application for a conditional use shall be made directly to the governing body. Applications shall be in accordance with Subsection B hereof and as otherwise specified herein. All such applications shall be referred to the Planning Commission for review; and, no such application shall be finally authorized until the Planning Commission has submitted its review findings, or until 30 days after referral to the Planning Commission, whichever occurs first.
(5)
Standards and criteria for conditional uses.
(a)
General criteria.
[1]
That the use is so designed, located and proposed
to be operated that the public health, safety, welfare and convenience
will be protected.
[2]
That the use will not cause substantial injury
to the value of other property in the neighborhood where it is to
be located.
[3]
That the use shall be compatible with adjoining
development.
[4]
That adequate landscaping and screening is provided as required in § 260-25 and as otherwise provided herein.
[5]
That adequate off-street parking and loading
is provided and ingress and egress is so designed as to cause minimum
interference with traffic on abutting streets.
[6]
That the use is compatible with the Borough's
Comprehensive Plan.
(6)
Standards.
(a)
Traffic. The proposed development shall not
be located on a site where primary access to the site is from a minor
street designed primarily to provide vehicular access to abutting
properties. The development shall be designed in a manner which will
not be injurious to the safe and convenient flow of vehicular traffic.
A traffic plan with estimates of the number of vehicles shall be submitted
to the Borough.
(b)
Performance standards. The proposed development will comply with the performance standards specified in Article VII hereof and such additional performance standards that shall be specified by the governing body to protect the health, safety and welfare of the Borough.
(c)
Permits. There shall be provided evidence of
all required local, state and federal permits.
(d)
Distance from existing development. No conditional
use shall be nearer to existing development than 1,000 feet or such
greater distance as may be required to assure the health, safety and
welfare of the community, or any lesser distance specified in this
chapter.
(e)
Transfer of products and waste. Vehicles used
in the transfer of waste shall be designed to preclude the accidental
dumping of any part of such wastes while in transit; and, transportation
routes shall be designed to minimize traversing densely populated
areas except for waste pickups.
(7)
Environmental assessment.
(a)
General. All applications for a conditional
use must be accompanied by an environmental assessment as specified
herein; provided, however, that upon the request of the developer,
components of the environmental assessment may be waived by the governing
body when such components are deemed unnecessary for certain conditional
uses.
(b)
Purpose. The purpose of the environmental assessment
is to provide the governing body with sufficient information to determine
if the proposed use will be harmful or beneficial to the Borough;
and to determine corrective actions if needed to mitigate potential
adverse environmental impacts.
(c)
Assurances. Due to the importance of securing
professional, objective data in the Environmental Assessment, the
selection of the professionals to be engaged in its preparation shall
be subject to the approval of the governing body. The developer will
further provide the governing body with assurances, adequate to protect
the Borough from violations of noncompliance with measures required
to mitigate identified adverse environmental impacts.
(8)
Content of the environmental assessment.
(a)
Description of the proposal. Describe the proposed
or recommended actions, its purpose, where it is to be located, when
it is proposed to take place, and its interrelationship with other
projects or proposals, including information and technical data sufficient
to permit assessment of environmental impact by the Borough.
(b)
Description of the environment. Include a comprehensive
description of the existing environment without the proposal and the
probable future environment with the proposal. This description should
focus both on the environmental details most likely to be affected
by the proposal and on the broader regional aspects of the environment,
including ecological interrelationships. Particular attention should
be given to the potential effects of past or present use of the site
as a repository for toxic or hazardous wastes.
(c)
The environmental impact of the proposed activities.
Describe the environmental impacts of the proposed action. These impacts
are defined as direct or indirect changes in the existing environment,
both beneficial or detrimental. Whenever possible, these impacts should
be quantified. This discussion should include the impact not only
upon the natural environment but upon land use as well. Provide separate
discussion for such potential impacts as man-caused accidents and
natural catastrophes and their probabilities and risks. Specific mention
should also be made of unknown or partially understood impacts.
(d)
Mitigating measures included in the proposed
action. Include a description of measures which are proposed to be
taken or which are required to be taken to enhance, protect, or mitigate
impacts upon the environment, including any associated research or
monitoring.
(e)
Any adverse effects which cannot be avoided should the proposal be implemented. Include a discussion of the unavoidable adverse impacts described in § 260-60F(8)(c) and (d) above, and an analysis of who or what will be affected and the degree of impact.
(f)
The relationship between local short-term use
of man's environment and the maintenance and enhancement of long-term
productivity. Describe the local short-term use of the environment
involved in the proposed action in relation to its cumulative and
long-term impacts and give special attention to its relationship to
trends of similar actions which would significantly affect ecological
interrelationships or pose long-term risk to health or safety. Short-term
and long-term do not refer to any fixed time period, but should be
viewed in terms of the various significant ecological and geophysical
consequences of the proposed action.
(g)
Any irreversible and irretrievable commitments
of resources which would be involved in the proposed action should
it be implemented. Describe, and quantify where possible, any irrevocable
uses of resources, including such things as resource extraction, erosion,
destruction of archaeological or historical sites, elimination of
endangered species' habitat, and significant changes in land use.
(h)
Alternatives to the proposed action. Identify
alternatives to the proposed action, and describe the environmental
impacts, both beneficial and adverse, of the various alternatives
considered.
(i)
Outline considerations for developing environmental
assessment.
[1]
Description of the proposal.
[a]
Who is proposing the action?
[b]
What is the nature of the action
to be taken?
[c]
What is it designed to accomplish?
What identified needs will be met and to what degree?
[d]
Where will it take place?
[e]
When will it take place? Indicate
phasing of acquisition and development activities, if applicable,
and timetables for completion.
[f]
How does it fit in with local planning
efforts, comprehensive plans, etc.?
[2]
Description of the environment.
[a]
Present and past land uses of the
site and of the surrounding area.
[b]
Special topographic features which
may be present.
[c]
Describe the site's surface and
subsurface geologic characteristics.
[d]
Describe the nature of the soils
in the area, particularly their fertility and susceptibility to erosion.
[e]
Describe the area's water resources,
with specific reference to groundwater, water quality, aquifers and
aquifer recharge areas, and areas subject to flooding.
[f]
Describe the area's vegetation,
including species composition, distribution, commercial utility and
aesthetics. Special reference should be made to unusual or unique
species.
[g]
Describe the nature of existing
transportation routes in the immediate area and the accessibility
to the project site.
[3]
Environmental impact of the proposed action.
[a]
What will be the effect on land
uses in the area?
[b]
Will the project affect a site
listed on the National Register of Historic Places?
[c]
In what way will soils and topography
be affected? Consider such things as soil compaction, erosion, exposure
of slopes, excavation which may create unstable slope/soil configurations,
cutting and filling, removal of topsoil, paving, loss of existing
natural landscape qualities, blockage of viewlines to landmarks, blockage
of view corridors, etc.
[d]
Will solid wastes be generated?
How and where will they be disposed of? Indicate what types and volumes
will be generated and how and where it will be stored prior to disposal
and method of disposal. Discuss removal of clearance, demolition,
and construction wastes.
[e]
How will water resources be affected?
Consider the water table, runoff, sewer systems, rivers and streams,
water supply, etc. Indicate content of any effluent which will be
discharged. Address loss of floodwater absorption capacity in natural
absorption areas, effects on stream volume, velocity, and seasonal
flows, diversion or blockage of surface water, alterations of natural
watercourses, introduction or increase of effluents or toxic, hazardous,
or radioactive substances to runoff or water bodies, effects on aquatic
life, any blockage or impairment of access to watercourses, effects
on groundwater recharge, release of groundwater supply, withdrawal
of groundwater supplies, blockage of groundwater flow, contamination
of groundwater supply, effect on water temperatures, sedimentation,
changes in levels of water bodies.
[f]
How will vegetation be affected?
Discuss the removal of ground cover, loss of valuable local species,
loss of wildlife habitat, introduction of vegetation which will spread
to adjacent lands, introduction of exotic vegetation, creation of
areas of highly visible, drying, or decaying vegetation.
[g]
How will fauna be affected? Consider
habitat destruction, reduction of population, impact caused by human
intrusion, mobility restrictions, food chains, etc.
[h]
How will transportation routes
be affected? Consider congestion, hazards, capacities of affected
roads and intersections and traffic to be generated, generation of
truck traffic.
[i]
Effect on air quality and ambient
noise level? Include what odors will originate; types and concentrations
of gases, vapors, particulates, and smoke; noise and vibration levels
at property lines and the level of heat and/or glare. Indicate levels
of electromagnetic radiation at property lines. Indicate effects on
local temperatures and wind circulation and whether there are any
plants, animals, or materials in the area that are particularly susceptible
to expected emissions. Indicate the nature, concentration and quantity
of radioactive material to be discharged to the environment, pathways
for entering the environment, dose to populations and biota, and possible
concentrations through food chains.
[j]
Describe management practices proposed
for the area.
[4]
Mitigating measures included in the proposed
action. Describe actions or measures which will be taken to avoid
or alleviate adverse environmental effects. Include reference to erosion
control methods and adherence to air, noise or water pollution control
techniques and standards.
[5]
Unavoidable adverse effects. If adverse effects
have been identified under other sections of the Environmental Impact
Study and cannot be mitigated, they should be again identified here.
Describe who or what will be affected, and to what degree. Quantify
wherever possible.
[6]
Relationship between the local short-term use
of man's environment and the maintenance and enhancement of long-term
productivity.
[a]
What are the impacts of the proposal
in the context of other similar projects? In what way will future
generations be affected by the currently proposed actions?
[b]
How do the immediate and long-range
impacts on the area with the project compare with the immediate and
long-range impacts without the project?
[7]
Any irreversible and irretrievable commitments
of resources. Describe any irrevocable commitments of resources resulting
from implementation of the proposal. An evaluation must be made of
the extent to which the proposed action curtails or restricts the
range of possible resources uses. Such commitments may occur because
of resources extraction, erosion, destruction of archaeological, geological
or historic features, destruction of fragile habitat or endangered
species habitat, unalterable changes in land use, and resources used
in project development.
[8]
Alternatives to the proposed action.
[a]
Identify alternatives which may
be considered, including modification of the present proposal and
different approaches to gaining the same result.
[b]
The beneficial and adverse effects
of the alternatives should be discussed along with the reasons for
rejection. Where appropriate, consideration should be given to alternate
construction methods which may avoid environmental degradation.
A.
For new uses. After completion of the whole building
or structure and upon the sworn application by the owner or his duly
authorized agent setting forth such facts as the Zoning Officer may
require and after actual inspection of the premises by the Zoning
Officer or his duly authorized assistant, he shall, upon finding the
facts to be as represented, issue in duplicate an occupancy permit,
certifying that the premises comply with the provisions of the chapter
and may be used for the purposes set forth in the permit, which purposes
shall conform with the requirements of this chapter. No change of
use shall be made in any building, structure or premises or any premises
now or hereafter erected or altered that is not consistent with the
requirements of this chapter. Any person desiring to change the use
of his premises shall apply to the Zoning Officer for an occupancy
permit, setting forth under oath such facts as may be required. A
copy of the occupancy permit shall be kept at all times upon the premises
affected and shall be displayed upon request made by an authorized
official. A record shall be kept of all occupancy permits issued and
the original applications therefor shall be kept on file in the same
manner as applications for zoning permits. No owner, tenant or other
person shall use or occupy any building or structure thereafter erected
or altered, the use of which shall be changed after the passage of
this chapter without first procuring an occupancy permit, provided
that an occupancy permit once granted shall continue in effect so
long as there is no change of use, regardless of change in the personnel
of tenants or occupants.
B.
For existing uses.
(1)
Upon written request from the owner, tenant or occupant,
the Zoning Officer, after inspection, shall issue an occupancy permit
for an existing use legally existing at the time this chapter is made
effective, certifying the extent and kind of use and whether any such
existing use conforms with the provisions of this chapter.
(2)
No change or extensions of use and no alterations
shall be made in a nonconforming use or premises without an occupancy
permit having first been issued by the Zoning Officer stating that
such change, extension or alteration is in conformity with the provisions
of this chapter.
A.
Review application and appeals. The Zoning Hearing
Board may refer to the Planning Commission all applications for special
exceptions and it may also refer any other applications or appeals
which, in its opinion, require review by the Planning Commission.
The Planning Commission shall review such applications in accordance
with applicable criteria set forth in this chapter and any special
requirements for the intended use.
B.
Report to the Zoning Hearing Board. The Planning Commission
may recommend approval, disapproval or approval subject to conditions
or modifications and shall report its findings to the Zoning Hearing
Board within 30 days of receipt thereof; such report shall state all
recommended conditions and modifications and the reasons for such
approval or disapproval.
C.
Report to governing body. Following the enactment
of this chapter, the Planning Commission shall from time to time prepare
and file with the governing body, but in no case at less than two-year
intervals, a report on the operation of this chapter, including recommendations
on the enactment of amendments, supplements or changes thereto. The
Planning Commission shall also review and report on all proposed conditional
uses referred to it by the governing body.
A.
Complaints of violations. Whenever a violation of
this chapter occurs, any person may file a complaint in regard thereto.
All such complaints must be in writing and shall be filed with the
Zoning Officer, who shall properly record such complaint and immediately
investigate and report thereon.
B.
Enforcement procedures.
(1)
Enforcement notice.
(a)
If it appears to the municipality that a violation
of this chapter has occurred, the municipality shall initiate enforcement
proceedings by sending an enforcement notice as provided in this part.
(b)
The enforcement notice shall be sent to the
owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
(c)
An enforcement notice shall be mailed to the
alleged violator by certified mail and shall state at least the following:
[1]
The name of the owner of record and any other
person against whom the municipality intends to take action.
[2]
The location of the property in violation.
[3]
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of the chapter.
[4]
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
[5]
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within the prescribed period of time and in accordance with procedures set forth in Subsection B(3) hereof.
[6]
The failure to comply with the notice within
30 days of the date of said notice, unless extended by appeal to the
Zoning Hearing Board, constitutes a violation, with possible sanctions
clearly described.
(2)
Causes of action. In case any building, structure,
landscaping or land is or is proposed to be erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this chapter, the Zoning Officer, or any aggrieved owner or tenant
of real property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land or
to prevent in or about such premises any act, conduct, business or
use constituting a violation. When any such action is instituted by
a landowner or tenant, notice of that action shall be served upon
the municipality at least 30 days prior to the time the action is
begun by serving a copy of the complaint on the governing body of
the municipality. No such action may be maintained until such notice
has been given.
(3)
Appeals. Any recipient of a notice of enforcement
shall have the right to appeal to the Zoning Hearing Board to remove
such notice. Such appeals, however, must be filed with the Zoning
Hearing Board not more than five days following the receipt of such
an enforcement notice.
C.
Penalties.
(1)
Any person, partnership or corporation who or which
has violated or permitted the violation of 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 fees
incurred by the municipality 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 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
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 Magisterial District Judge, and thereafter, each day that a
violation continues shall constitute a separate violation. All judgments,
costs and reasonable attorney fees collected for the violation of
zoning ordinances shall be paid over to the municipality.
(2)
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the municipality
the right to commence any action for enforcement pursuant to this
section.
A.
The following fees, in such amounts as shall be set
by resolution of the Borough Council, shall be paid to the Zoning
Officer upon the filing of an application:[1]
(1)
Fees for zoning permits not requiring Board action.
(2)
Zoning permits for business and outdoor advertising
signs, per signage project.
(3)
Occupancy permits.
(4)
Applications requiring Board action, including appeals for variances, requests for amendments, applications for special uses, applications for rehearings on appeals and applications; provided, however, that for any development, such as a parking lot which is not subject to Chapter 220, Subdivision and Land Development, but which requires engineering, the application shall be accompanied by an additional fee which shall be considered to be a deposit against the cost of such Borough engineering services. In the event that such costs shall exceed the amount of the deposit, the applicant shall be responsible for the payment of such additional costs; and if said costs are less than the amount of the deposit, the unused funds shall be returned to the applicant.
B.
Fees are intended to cover the costs of advertising
and other costs of administering applications requiring Board action,
including but not limited to stenographic recordings of proceedings.
In the event that actual costs are less than the fee paid with the
application, the Borough shall refund surplus payments in excess of
$25.
