(A) Filing fee schedule. The borough hereby sets and establishes a filing fee schedule relative to application, appeals and actions before the Borough Zoning Hearing Board.
(B) Fee. The following fees shall be paid to the Borough Zoning Hearing Board upon submission of the hereinafter set forth appeals, applications or actions.
(1) The applicant, upon making a request for a special exception, shall pay a fee as established from time to time by resolution of Borough Council.
(2) The applicant, upon making a request for a variance, shall pay a fee as established from time to time by resolution of Borough Council.
(3) The applicant, upon taking an appeal from action of the Zoning Officer, shall pay a fee as established from time to time by resolution of Borough Council.
(4) The applicant, who desires to challenge on substantive grounds the validity of an ordinance or map which prohibits or restricts the use of development of land and who seek a curative amendment, shall pay a fee as established from time to time by resolution of Borough Council.
(5) The applicant, who challenges the validity of zoning ordinance or map (except as indicated above) where a curative amendment is sought, shall pay a fee as established from time to time by resolution of Borough Council.
(6) The applicant, who files a request for an amendment to this chapter or map where there is no challenge on substantive grounds concerning the validity of this chapter or map or curative amendments (pursuant to § 27-609 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988), being 53 P.S. §§ 10101 et seq., shall pay a fee as established from time to time by resolution of Borough Council.
(7) The applicant, who files another zoning appeal provided for under the provisions of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, shall pay a fee as established from time to time by resolution of Borough Council.
(C) Reimbursement of funds.
(1) Any of the fees which are paid by the applicant pursuant to the provisions of division (B) above and which are not utilized by the borough shall be refunded to the applicant upon the completion of all work on the action, application or appeal of the applicant. However, notwithstanding the provisions of this division (C), the borough shall be entitled to retain a minimum fee as established from time to time by resolution of Borough Council for the Zoning Hearing Board to consider any of the appeals, applications or actions set forth in division (B) above.
(2) If the cost incurred by the borough exceeds the application and legal fees established pursuant to division (B) above, the Zoning Hearing Board, may request such additional sums as shall reasonably cover the costs incurred by the borough.
(D) Supplementary fees.
(1) The Zoning Hearing Board shall take no action on any of the applications, appeals or requests prescribed pursuant to division (B) above, unless the required application, appeal or request fee is paid.
(2) In the event that the Zoning Hearing Board shall make a request for supplementary fee(s) pursuant to division (C) above, no further action shall be taken by the Zoning Hearing Board, until applicant pays the requested fee.
(E) Compensation of members of the Zoning Hearing Board.
(1) Each member of the Zoning Hearing Board shall receive $30 per hearing, provided that a hearing does not exceed a maximum of two hours.
(2) In the event that a hearing continues beyond said two hour period, each Board member attending shall receive an additional $10 per hour.
(F) Written transcripts. The applicant and/or any other interested person(s) shall be responsible to secure and pay for his, her or their copy of any hearing transcript from the transcribing stenographer.
(G) Method of payment of fees. All fees or sums required pursuant to the provisions of this resolution shall be paid by check payable to the “Borough of Cressona” and tendered to the Zoning Enforcement Officer of the borough, who shall immediately issue a numbered receipt to said applicant.
(Prior Code, Ch. 27, § 27-1508) (Ord. 293, passed 4-20-1992; Ord. 323, passed 7-6-1998)