(A) Generally. The Borough Council shall by resolution from time to time create a schedule of fees to be paid by the applicant at the time of plan submission, to defray the cost of administering and processing of plans.
(B) Review fees.
(1) Review fees shall include the reasonable and necessary charges by the borough’s professional consultants or Engineer for review and report to the borough, and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Borough Engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the borough when fees are not reimbursed or otherwise imposed on applicants.
(2) In the event the applicant disputes the amount of any such review fees, the applicant shall, within ten days of the billing date, notify the borough that such fees are disputed, in which case the borough shall not delay or disapprove a subdivision or land development application due to the applicant’s request over disputed fees.
(3) In the event that the borough and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the fees shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the borough and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that the third engineer is so chosen, fees for the services of said engineer shall be paid equally by the borough and the applicant or developer.
(2006 Code, § 22-804) (Ord. 90-9, passed 9-10-1990, § 804; Ord. 94-02, passed 5-2-1994, Art. IV; Ord. 2006-3, passed 7-10-2006)