[Adopted 2-17-2004 by Res. No. 2004-4]
[Amended 11-24-2015 by Res. No. 2015-14]
A.
Preliminary, final, revised and lot add-on plan filing fees must
be submitted at the time of submission:
Each applicant shall deposit with the Borough a sum in the amount as set forth below (the "escrow fund") at the time of filing an application for approval of a subdivision or land development plan, a public street plan and/or a stormwater management plan. The escrow fund shall be used to reimburse the Borough for all engineering, inspection and legal fees incurred in the review of the plan, inspection of improvements, preparation and recording of any appropriate deeds or documents, and any other expenses which the Borough may incur in the connection with the processing of the application and development of the property as set forth in §§ A395-21, A395-22, A395-23 and A395-25 below. The Borough shall be irrevocably authorized to withdraw from time to time any monies deposited in the escrow fund by the applicant/developer in order to pay expenses and fees incurred by the Borough. At such point as the escrow fund has been reduced to 1/2 of the amount posted by the applicant at the time of filing the application or less as a result of withdrawals as herein provided, then, and in that event, and at that time, the Borough shall bill the applicant/developer an amount sufficient to restore the escrow fund to the original sum. In the event that the escrow fund is insufficient at any time to pay such costs, the Borough shall bill the applicant/developer for the actual or anticipated additional costs. In the event that the escrow fund is in excess of the Borough's costs, the Borough shall refund such excess monies, without interest, to the developer upon completion of the development of the property. The amount of the escrow fund shall be determined as follows:
A.
Minor residential subdivision or land development
plan (one to five lots or units of occupancy): $1,000.
B.
Major residential subdivision or land development
plan (six or more lots or units of occupancy): $4,000.
C.
Nonresidential subdivision or land development plan
or other plan (e.g., public street only or stormwater management facilities
only): $8,000.
All filing fees and any required escrow deposit
must be submitted to the Borough with plan applications. Plan applications
shall not be accepted without fees and required escrow deposits, and
neither the Millersville Borough Planning Commission nor the Millersville
Borough Council shall take action on a plan application submitted
without a fee and, if required, an escrow deposit. The fees imposed
by this resolution are in addition to any fees imposed by the Lancaster
County Planning Commission pursuant to Section 502 of the Pennsylvania
Municipalities Planning Code[1] for its review of plans or by any municipal authority
or public utility as established by such authority or utility for
review of plans showing improvements, extensions, or connections to
the authority's or the utility's facilities. All fees and, if required,
escrow deposits shall be paid by check or money order drawn to the
Treasurer of Millersville Borough.
[1]
Editor's Note: See 53 P.S. § 10502.
Any costs relating to the reduction of final
plans for the purpose of recording the same with the Recorder of Deeds
of the County of Lancaster and any recording fees shall be paid by
the applicant.
Applicants shall reimburse the Borough for all
reasonable and necessary charges incurred by the Borough's professional
consultants, including but not limited to the Borough Engineer and
the Borough Solicitor, for the review and any report or reports to
the Borough on an applicant's application, plans, supporting data,
proposed agreements relating to the maintenance of improvements or
open space, financial security, and similar matters, if any, in connection
with subdivisions and land developments, public street plans, and
stormwater management applications. Such review fees shall be the
actual fees charged by the Borough Engineer, Borough Solicitor or
other professional consultant for the services performed. The present
fee schedule of the Borough Engineer is attached hereto as Exhibit
A, and the present fee schedule of the Borough Solicitor is attached
hereto as Exhibit B, both of which are incorporated herein.[1] Such schedules shall be revised from time to time to reflect the changes in the rates charged to the Borough by the Borough Engineer, Borough Solicitor, or such other professional consultant. The filing of a plan or application under Chapter 325, Subdivision and Land Development, Chapter 315, Stormwater Management, Chapter 320, Streets and Sidewalks, other governing ordinances and/or Section 1735 of the Borough Code[2] shall constitute an implied agreement by the applicant
to pay such expenses.
Developers shall reimburse the Borough for all reasonable and necessary charges incurred by the Borough's professional consultants or the Borough Engineer for inspection of the improvements required to be constructed under Chapter 325, Subdivision and Land Development, or Chapter 315, Stormwater Management, and any report or reports to the Borough thereon. Such inspection fees shall be the actual fees charged by the Borough Engineer or other professional consultant for the services performed. The present fee schedule of the Borough Engineer is attached hereto as Exhibit A and incorporated herein.[1] Such schedule shall be revised from time to time to reflect
changes in the rates charged to the Borough by the Borough Engineer.
[1]
Editor's Note: Exhibit A is on file in the
Borough offices.
In some circumstances, inspection of improvements may be performed by personnel employed by the Borough. If the inspection is performed by Borough personnel, developers shall reimburse the Borough for all reasonable and necessary charges incurred by the Borough for inspection of the improvements required to be constructed under Chapter 315, Stormwater Management, or Chapter 325, Subdivision and Land Development, or Chapter 320, Streets and Sidewalks, and any report or reports to the Borough thereon. When the inspection is performed by Borough personnel, the fee shall be $40 per hour. A minimum charge of $40 per hour per person will be billed for the first hour or any portion thereof. Any time in excess of one hour shall be billed at the same rate on a proportional basis. This charge shall be revised from time to time to reflect changes in the costs to the Borough of utilizing its personnel to perform such inspections.
In the event that the developer disputes the
amount of any such plan review or inspection fees or expenses, the
developer shall, within 10 days of the billing date, notify the Borough
Secretary that such fees are disputed as unreasonable or unnecessary,
in which case the Borough shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the developer's dispute of the fees. Disputes
shall be resolved as follows:
A.
If, within 20 days of the date of billing, the Borough
and the developer cannot agree on the amount or the expenses which
are reasonable and necessary, then the Borough and the developer shall
jointly, by mutual agreement, appoint another professional engineer
to review such charges and expenses and make a determination as to
the amount thereof which is reasonable and necessary.
B.
The professional engineer so appointed shall hear
such evidence and review such documentation as the professional engineer,
in his or her sole opinion, deems necessary and render a decision
within 50 days of the billing date. The developer shall pay the entire
amount determined in the decision immediately.
C.
The fee of the professional engineer for determining
the reasonable and necessary expenses shall be paid by the developer
if the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required is less
than the original bill by $1,000 or more, the Borough shall pay the
fee of the professional engineer. In all other situations, the Borough
and the developer shall each pay 1/2 the fee of the professional engineer.
All expenses incurred by the Borough prior to
street dedication for the installation, maintenance or operation of
street signs, traffic control signs, traffic control lights, streetlights
and any other signs or lights which are necessitated by the developer's
land development or subdivision shall be charged to and paid by the
developer. A charge of $40 per hour per person for Borough personnel
shall be billed for the costs of installing traffic control signs
or performing other services for the development. The actual cost
of all supplies and equipment, including signs, poles and other materials,
shall be paid by the developer. If the Borough is required to provide
snow removal service on a street not accepted by the Borough, the
developer shall be charged the reasonable and customary commercial
rate for such service plus the actual cost of all materials used.
This resolution shall not be deemed to repeal
any other resolution of this Borough establishing fees or charges.
This resolution shall be interpreted to amend only those fees expressly
set forth in this resolution, and all other fees and charges imposed
by all other resolutions are hereby ratified and confirmed.
