All provisions of this chapter shall be administered
by the Borough Council or their officially designated representatives.
All matters relating to this chapter shall be submitted to the Borough
Secretary who shall handle the matter in accordance with current Borough
policies, procedures, and guidelines established by Council.
The Borough shall keep a public record of its
correspondence, findings, recommendations, and actions relating to
plans filed for review, in accordance with the policies, procedures,
and guidelines established by Council.
A.Â
No application for preliminary or final plan approval
shall be considered as submitted until the fees and/or escrow deposit,
as set forth below, shall have been paid.
B.Â
Council shall adopt and amend by resolution a schedule
of fees, payable by the applicant to the Borough, for the filing of
preliminary and final plans.
C.Â
Council shall adopt and amend by resolution a schedule
of escrow deposits to be paid by the applicant to the Borough at the
time of filing of an application, sufficient to pay all Borough expenditures
anticipated in the course of its review and disposition of plans.
(1)Â
Costs incurred by the Borough in excess of the escrowed
amount shall be paid by the applicant prior to the granting of approvals
or permits.
(2)Â
If costs incurred by the Borough are less than the
escrowed amount, the difference shall be refunded to the applicant
following disposition of the plans.
Any person, partnership, or corporation who
or which has violated the provisions of this chapter shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Borough, pay a judgment of not more than $500 plus all court
costs, including the reasonable attorney fees incurred by the Borough
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 District Justice. If the defendant neither pays nor timely appeals
the judgment, the Borough 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 District Justice
determining that there has been a violation further determines that
there was a good faith basis for the person, partnership, or corporation
violating the 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 District Justice and thereafter each day that a violation continues
shall constitute a separate violation. All fines collected for such
violations shall be paid to the Borough.