[HISTORY: Adopted by Board of Supervisors of the Township
of East Brandywine as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-16-2005 by Res. No. 05-05]
A.
The fees of professional consultants subject to this article shall
be those fees ordinarily and customarily charged for similar professional
services in the community, but in no event shall such fees be greater
than those fees regularly charged to the Township by such consultants.
Attached hereto as Exhibit A and made part hereof is a schedule of
such fees which shall be reviewed and revised as necessary from time
to time but at least in January of each year.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
B.
An applicant for subdivision and land development review (hereinafter
"applicant"), upon the filing of any application for plan review and
approval, shall be provided with a copy of this article, together
with the current fee schedule, and shall, during the process of plan
review, be advised in writing of any revisions to such schedule.
C.
Billing and appeal procedure.
(1)
The Township shall submit a statement to the applicant, which statement
shall identify the professional consulting performing work on the
applicant's plan, and the time and date of such work and the charges
therefor.
(2)
In the event the applicant wishes to dispute the fees set forth in
the statement, the applicant, not later than 45 days from the transmittal
date of the statement (statement date), shall notify the Township
and the professional in writing setting forth the fees to which objections
are made and the basis for such objections.
A.
After the decision on the plan of the applicant has been made, the Township shall submit an itemized bill for the professional fees for all such fees incurred from the prior bill to the date of decision. Such bill shall be titled as the "Final Bill" and shall contain the same detail as set forth in § 311-1C(1) above. Any subsequent charges for further review and/or inspection shall be charged as a supplemental final bill. The final and supplemental final bill shall be in the same form as set forth in § 311-1C(1) above.
B.
If the applicant disputes the final or supplemental final bill, applicant
shall notify the Township in writing within 30 days of the date of
transmittal of the statement (statement date). If such dispute is
not resolved by the applicant and professional consultant, issues
shall be resolved by arbitration pursuant to Section 510(g) of the
MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10510(g).
A.
Failure to dispute the charges as provided in the applicable provisions
of the MPC and this article shall constitute a waiver by the applicant
of its right to arbitration.
B.
This article is intended to implement the assessing and collection
of professional consultant fees pursuant to the provisions of the
Municipalities Planning Code, as amended, which in all events shall
control the assessment, arbitration and collection of the fees of
professional consultants.
[Adopted 8-7-2008 by Res. No. 09-2008]
The applicant in all land use proceedings and/or public hearing
for conditional use before the Board of Supervisors or Zoning Hearing
Board shall pay the following fees, costs, expenses and charges to
the Township prior to the commencement or continuance of such proceedings.
Such fees, costs, expenses, and charges are established as follows:
A.
Variances and special exceptions: $500 escrow for single resident
uses, plus 1/2 of the stenographer's fee, plus engineering review
reimbursement; $1,000 escrow for commercial/industrial/subdivision
uses, plus 1/2 of the stenographer's fee, plus engineering review
reimbursement.
B.
Hearing for modification of planned residential developments: $500
escrow for single resident uses, plus 1/2 of the stenographer's fee,
plus engineering review reimbursement.
C.
Conditional use hearings: $2,500, plus $500 for each additional hearing,
plus 1/2 of the stenographer's fee, plus engineering review reimbursement.
D.
Appeals from the zoning officer's decisions: $1,500, plus 1/2 of
the stenographer's fee for single residential uses, plus $500 for
each subsequent hearing; $2,500, plus 1/2 of stenographer's fee for
commercial/industrial/subdivision uses, plus $500 for each subsequent
hearing.
E.
Validity challenges, curative amendments, and miscellaneous appeals:
$2,500, plus 1/2 of the stenographer's fee, plus $500 for each subsequent
hearing.
F.
Demolition permit hearings for historic resources: $2,500, plus 1/2
of the stenographer's fee, plus engineering review reimbursement.
G.
Hearing postponement: $500 for each postponements requested by the
applicant, plus out-of-pocket Township costs (i.e., advertisement,
mailing, administrative costs, etc.).
All application fees, costs, charges and other sums referred
to in this article will be paid promptly upon demand by East Brandywine
Township.
For all hearings, the applicant will reimburse the Township
for any costs which exceed the initial escrow amount.
East Brandywine Township may enforce the provisions of this
article by appropriate actions in law or equity.
