[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Review fees may include reasonable and necessary charges by the Borough's
professional consultants for review and report thereon to the Borough
and shall be set by resolution. Such 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. Fees charged to the Borough relating to any
appeal of a decision on an application shall not be considered review
fees and may not be charged to an applicant.
B. The Borough Council shall submit to the applicant an itemized bill
showing work performed, identifying the person performing the services
and the time and date spent for each task. Nothing in this subsection
shall prohibit interim itemized billing or municipal escrow or other
security requirements. In the event the applicant disputes the amount
of any such review fees, the applicant shall, no later than 100 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
100 days shall be a waiver of the applicant's right to arbitration
of that bill under Section 510(g) of the Municipalities Planning Code
[53 P.S. § 10510(g)].
C. 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 dispute resolution set forth in Section 510(g) of the Municipalities
Planning Code [53 P.S. § 10510(g)], provided that the arbitrator
resolving such dispute shall be of the same profession or discipline
as the professional consultant whose fees are being disputed.
D. Subsequent
to a decision on an 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 inspections and other work to satisfy the conditions of
the approval, the review fees shall be charged to the applicant as
a supplement to the final bill.
When the plans of streets and other improvements have been approved
as provided in these regulations, the subdivider shall first notify
the Borough Council or its authorized representative of his intention
to proceed with the construction or installation of said streets and
improvements; notification shall be made at least 48 hours before
any such construction or installation shall commence so as to give
the Borough Council or its representative an opportunity to inspect
the site prior to commencement of work and to inspect installation
or construction of said streets and improvements during the course
of work being performed.
Prior to any street or other improvement being accepted by the
Borough as herein provided, the subdivider shall post a maintenance
bond and/or other security naming the Borough as obligee in an amount
deemed adequate by the Borough Council to remedy any defects which
are caused by defective or inferior materials or workmanship which
may develop during a period of 18 months from date of acceptance by
the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In any case where the Borough Council disapproves a subdivision
plan, any person aggrieved thereby may, within 30 days thereafter,
appeal to the Court of Common Pleas of Erie County, Pennsylvania,
in accordance with Article X-A, Appeals to Court, of the Pennsylvania
Municipalities Planning Code.