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 to the Borough 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 10 days of billing by the Borough. 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 Committee or 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)
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 municipality and the municipality's professional consultant that such fees are disputed and shall explain the basis of their objections to the fees charged, in which case the municipality 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 the Pennsylvania Municipalities Planning Code, 53 P.S. § 10510(g), as incorporated herein by §
360-100C of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
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 §
360-100C of this chapter, provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
(6)
Subsequent to a decision on an application, the governing body
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.
C. Inspection fees. The applicant shall reimburse the Borough for the
reasonable and necessary expense incurred in connection with the inspection
of improvements. 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. 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 professional
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 professional consultant to the Borough when
fees are not reimbursed or otherwise imposed on applicants.
(1)
The Borough 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 for each task. In the event the applicant disputes
the amount of any such expense in connection with inspection of improvements,
the applicant shall, no later than 100 days after the date of the
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 subdivision 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 100 days
shall be a waiver of the applicant's right to arbitration of that
bill under Section 10510 (g) of the Municipalities Planning Code,
53 P.S. § 10510(g).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
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 the Borough a
bill for inspection services, specifically designated as a final bill.
The final bill shall include inspection fees incurred through the
release of financial security.
(2)
If the professional consultant and the applicant cannot agree
on the amount of expenses which are reasonable and necessary, then
the applicant shall have the right, within 100 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 an arbitrator. The applicant and the 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
The arbitrator so appointed shall hear such evidence and review
such documentation s the arbitrator in his or her sole opinion deems
necessary and shall render a decision no later than 50 days after
the date of appointment. Based upon the decision of the arbitrator,
the applicant or the professional consultant whose fees were challenged
shall be required to pay any amounts necessary to implement the decision
within 60 days. In the event 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.
(4)
In the event that the Borough's professional consultant and
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 Allegheny County (or if there is no President Judge, then
the senior active judge then sitting) shall appoint such arbitrator,
who in that case, shall neither be 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.
(5)
The fee of the arbitrator shall be paid by the applicant if
the disputed fee charged is upheld by the arbitrator. The fee of the
arbitrator shall be paid by the charging party if the disputed fee
is $2,500 or greater than the payment decided by the arbitrator. The
fee of the arbitrator shall be paid in an equal amount by the applicant
and the charging party if the disputed fee is less than $2,500 of
the payment decided by the arbitrator.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6) In
the event that the disputed fees have been paid and the arbitrator
finds that the disputed fees are unreasonable or excessive by more
than $10,000, the arbitrator shall:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(a) Award the amount of the fees found to be unreasonable or excessive
to the party that paid the disputed fee; and
(b) Impose a surcharge of 4% of the amount found as unreasonable or excessive
to be paid to the party that paid the disputed fee.
(7) A
municipality or an applicant shall have 100 days after paying a fee
to dispute any fee charged as being unreasonable or excessive.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Borough Council may, from time to time, amend this chapter in
accordance with the following provisions:
A. Planning Committee review. In the case of amendments other than those
prepared by the Borough Planning Committee, Borough Council shall
submit the proposed amendment to the Planning Committee for recommendations
at least 30 days prior to the date fixed for the public hearing on
the proposed amendment.
B. County Planning Agency review. The proposed amendment shall be submitted
to the Allegheny County Department of Economic Development for review
and recommendations at least 30 days prior to Borough Council's public
hearing on the amendment.
C. Public hearing. Amendments to this chapter shall become effective
only after a public hearing conducted by Borough Council which is
held pursuant to public notice, as defined herein.
D. Publication, advertisement and availability of ordinance.
(1)
Proposed amendments shall not be enacted unless public notice,
as defined herein, of the proposed enactment is given, including the
time and place of the meeting at which passage will be considered
and a reference to a place within the Borough where copies of the
proposed amendment may be examined without charge or obtained for
a charge not greater than the cost thereof.
(2)
Borough Council shall publish the proposed amendment once in
one newspaper of general circulation in the Borough not more than
60 days nor less than seven days prior to passage. Publication of
the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Borough Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation
in the Borough at the time the public notice is published.
(b)
An attested copy of the proposed amendment shall be filed in
the County Law Library or other county office designated by the County
Commissioners who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(c)
In the event substantial amendments are made in the proposed
amendment, before voting upon enactment, Borough Council shall, at
least 10 days prior to enactment, re-advertise in one newspaper of
general circulation in the Borough, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
(d)
Subdivision and land development amendments may be incorporated
into official ordinance books by reference with the same force and
effect as if duly recorded therein.
E. Filing after enactment. Within 30 days after adoption, the Borough
Secretary shall forward a certified copy of the amendment to the Allegheny
County Department of Economic Development.
Any party aggrieved by the decision of Borough Council regarding
a subdivision or land development plan may appeal such decision within
30 days of the date of entry of the decision of Borough Council to
the Allegheny County Court of Common Pleas.
Whenever there is a difference between a minimum standard or
dimension specified in this chapter and those contained in another
official regulation, resolution or ordinance of the Borough or any
other restriction or covenant, the most restrictive standard shall
apply. If a question of conflict arises between various portions of
this chapter, the most restrictive term shall apply.