[Ord. 585, 9/12/2011]
This chapter shall be administered by a person appointed by
the Borough for such purpose who shall be referred to as the Enforcement
Officer, with assistance as necessary from the Borough Engineer, Borough
Solicitor, and other Borough designees. The Borough may also appoint
deputy enforcement officers as needed.
[Ord. 585, 9/12/2011]
1.
Administrative Fee. At the time a SWM site plan and report is submitted
for review and approval, an administrative fee, as established from
time to time by resolution of the Borough, shall be paid to the Borough
to reimburse the Borough for its administrative costs and expenses
incurred.
2.
Reimbursement for Professional Expenses. As allowed in the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq., the
Borough shall be reimbursed by the developer for professional expenses,
such as engineering and legal costs, incurred by the Borough for the
review of a SWM site plan and report and for inspections during construction
and when completed. Such fees shall be reasonable and in accordance
with the ordinary and customary fees charged by the professional 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
to the Borough when fees are not reimbursed or otherwise imposed on
the developer. In the event the developer disputes the amount of any
such expense in connection with the inspection of improvements, the
dispute shall be resolved in accordance with the applicable provisions
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
3.
Developer's Agreement. The procedure for reimbursement of the
Borough by the developer for professional expenses shall be by written
agreement between the Borough and the developer of the form provided
in Appendix 23-B. The developer's agreement shall require a deposit
of funds by the developer to the Borough as security for payment of
such expenses, which shall be held in a non-interest-bearing account
by the Borough. Additional funds shall be deposited by the developer
as necessary, or remaining funds, if any, shall be returned to the
developer.
[Ord. 585, 9/12/2011]
1.
The owner of any land upon which permanent BMPs will be placed, constructed,
or implemented, as described in the SWM site plan and report, shall
record the following documents in the Office of the Recorder of Deeds
of Erie County, within 90 days of approval of the SWM site plan and
report by the Borough:
2.
The Borough may suspend or revoke any approvals granted for the project
upon discovery of the failure of the owner to comply with this section.
[Ord. 585, 9/12/2011]
1.
The appendices attached to this chapter and incorporated as standards applicable for the administration of this chapter including the following may be amended and modified from time to time by resolution of the Borough Council adopted at a duly advertised public meeting of the Borough Council:
