Bell Acres City Zoning Code
ARTICLE VII
Planned Residential Development
§ 165-96 Purpose.
In order that the purposes of this chapter be furthered in an era of increasing urbanization and of growing demand for housing of all types and design, the purposes of this article are to:
A.
Ensure that the zoning provisions of this chapter which are concerned in part with the uniform treatment of dwelling type, bulk, density, intensity and open space within each zoning district shall not be applied to the improvement of land by other than lot by lot development in a manner that would distort the objectives of those zoning provisions.
B.
Encourage innovations in residential and nonresidential development and renewal so that the growing demand for housing and other development may be met by greater variety in type, design and layout of dwellings and other buildings and structures and by the conservation and more efficient use of open space ancillary to said dwellings and uses, so that greater opportunities for better housing and recreation may extend to all citizens and residents of this commonwealth.
C.
Encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that economies secured may ensure to the benefit of those who need homes and for other uses.
D.
Provide a procedure which can relate the type, design and layout of residential and nonresidential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential and nonresidential areas.
E.
Ensure that the increased flexibility of regulations over land development authorized by the Municipalities Planning Code (53 P.S. § 10101 et seq.) is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.
§ 165-97 Relation to Comprehensive Plan.
Every application for approval of a planned residential development shall be based on and interpreted in relation to the Comprehensive Plan for the development of the municipality.
§ 165-98 Where permitted; additional regulations.
A.
A Planned Residential Development (PRD) may be permitted in Residential Zoning Districts R3 and R4 in the Borough, subject to the standards, restrictions, qualifications, criteria, requirements, conditions, regulations and procedures enumerated in this article, as set forth herein.
B.
Other provisions of this chapter and the Subdivision of Land Chapter concerned with dwelling type and density shall not be applied when PRD proposals are approved except when specifically indicated by the provisions contained herein.
§ 165-99 Permitted uses.
The following uses shall be permitted in planned residential developments:
A.
Residential uses, including single-family dwellings, duplexes, townhouses and apartments.
B.
Institutional uses, including:
(1)
Recreation facilities for the use of residents of the development, including hiking, walking or bicycle trails; tennis, paddle tennis, basketball and volleyball courts; swimming pools and related facilities; putting greens; and such additional recreational uses as deemed appropriate by the Borough Council.
(2)
Schools.
(3)
Churches, parsonages or convents.
(4)
Community clubhouses, private.
[Added 9-13-2021 by Ord. No. 309]
C.
Accessory commercial uses, including dining or service facilities to serve only residents of the development or their guests.
§ 165-100 Minimum land area.
The minimum land area for a PRD shall be 25 contiguous acres. Public easements or private roads shall not be construed as an interruption or division of a tract of land proposed for a PRD.
§ 165-101 Ownership of development.
A.
Prior to the preapplication conference, the developer of a PRD shall evidence proprietary interest in the land which, for purposes of this chapter, shall be either legal title, an executed binding sales agreement evidencing equitable title in him, her or it or a contingency sales agreement (contingent on PRD approval).
B.
A PRD shall be in single legal, as well as equitable, ownership coincident with approval of the final development plan.
§ 165-102 Sewerage system.
[Amended 12-11-2006 by Ord. No. 247]
In the absence of public sewerage facilities, the developer shall provide within a PRD a sanitary sewerage system which shall be subject to the standards, rules and regulations of the Pennsylvania Department of Environmental Protection or any successor thereto.
§ 165-103 Public water supply.
If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the planned residential development, applicants shall present evidence to the Planning Commission that the planned residential development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
§ 165-104 Storm drainage system.
[Amended 12-11-2006 by Ord. No. 247]
The developer shall provide within a PRD a storm drainage system which shall be of sufficient size and design to collect, carry off and dispose of all predictable surface water runoff within the PRD and shall be so constructed as to conform to the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and the Borough and to conform to the requirements of § 165-54E. Stormwater management systems that maximize on-site infiltration are the preferred environmental option.
§ 165-105 Relation to highway systems; capacities for increased traffic.
A PRD shall be related to the local regional highway systems. The developer must demonstrate to the satisfaction of the Planning Commission that traffic circulation problems will not be created and that public and private road systems are adequate in terms of traffic volume capacity and construction type to accommodate the projected PRD-generated traffic, including school buses and emergency vehicles.
§ 165-106 Administration.
A.
The PRD provisions of this chapter shall be administered by the Planning Commission, which shall review all applications on the basis of specified standards, restrictions, qualifications, criteria, requirements, conditions, regulations and procedures.
C.
The Borough Council shall conduct public hearings and have final authority to approve, modify or disapprove a PRD.
§ 165-107 Review process.
The developer shall obtain required approvals for a PRD by following a five-step review process, which shall consist of a preapplication conference, a preliminary development plan, public hearings and tentative approval, a final development plan and application for final approval.
A.
Preapplication conference. Each applicant shall confer with the Zoning Officer to schedule a preapplication conference. It shall be the responsibility of the Zoning Officer to arrange a conference with the Borough officials. The conference shall include members or a designated committee of the Planning Commission and the Zoning Officer. The Solicitor, the Borough Council or representatives thereof and local utility service representatives as deemed appropriate may also be included.
B.
Preliminary development plan (application for tentative approval). Within 120 days following the preapplication conference, three copies of a preliminary development plan shall be presented in sufficient detail to provide the Planning Commission with a major substantive review of the proposed PRD, which preliminary development plan shall constitute the application for tentative approval. The following documentation shall be submitted in support of the application:
(1)
Written documents:
(a)
A legal description of the total tract proposed for development, including a statement of present and proposed ownership.
(b)
A statement of planning objectives to be achieved by the PRD through the particular approach proposed by the developer. The statement shall include a description of the character of the proposed development.
(c)
Quantitative data for the following: total number and type of dwelling units, parcel size, proposed lot coverage of buildings and structures, approximate gross and net residential densities, total amount of open space (including a separate figure for common open space and for usable open space), economic feasibility studies or market analyses which may include but not be limited to the impact on schools and other community services and other studies as may be designated by the Planning Commission.
(2)
Location map. This map shall clearly show the location and area of the tract proposed for development with relation to all lands, buildings and structures within 200 feet of its boundaries, the location and distance to existing related highways, streets or roads and the names of owners of properties adjacent to the tract.
(3)
Site plan and supporting maps. A site plan at a scale no smaller than one inch equals 50 feet and any maps necessary in the opinion of the Planning Commission to show the major details of the proposed PRD, which site plan and maps shall also contain the following minimum information:
(a)
The existing site conditions, including contours at a minimum interval of five feet, watercourses, floodplains, forest cover, soils and natural features considered significant by the Planning Commission.
(b)
Proposed lot lines and subdivision plan, if any.
(c)
The location of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units and density per type. Preliminary elevations and/or architectural renderings of typical structures and improvements shall be provided. Such drawings shall be sufficient, to relay the basic architectural intent of the proposed improvements.
(d)
The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common space.
(e)
The existing and proposed vehicular circulation system of collector and local streets or roads, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way (including major points of ingress and egress to the development).
(f)
The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system and indicating proposed treatment of points of conflict.
(g)
The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.
(h)
Subsurface conditions, including data on slope stability.
(i)
A minimum of three sections showing existing and proposed contours and their relationship to proposed buildings, structures, highways, streets, roads, parking areas and walkways and to existing woodlands.
(j)
A general landscape plan indicating the treatment and materials used for usable and common space.
(k)
The proposed treatment of the perimeter of the PRD.
(m)
Any additional information required by the Planning Commission as necessary for it to evaluate the character and impact of the proposed PRD.
(4)
Projected scheduling of stages. In the case of development plans which call for development over a period of years, a schedule showing such stages shall be provided. This schedule shall be reviewed annually with the Planning Commission by the developer on the anniversary of the tentative approval or as each stage of development is completed, whichever shall first occur.
C.
Public hearings and tentative approval.
(1)
Within 60 days following the submission of an application for tentative approval of a PRD, with required documentation, a public hearing pursuant to public notice on such application shall be held by the Borough Council as described in Section 708 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10708.
(2)
The Borough Council, within 60 days following the conclusion of the public hearing, shall, by official written communication to the developer, either:
(3)
Failure to so act within such period of time shall be deemed to be a grant of tentative approval of the preliminary development plan as submitted. In the event, however, that the tentative approval of the preliminary development plan is granted subject to specified conditions, the developer may, within 30 days after receiving a copy of the official written communication of the Borough Council, notify such Borough of his refusal to accept all such conditions, in which event tentative approval of the preliminary development plan is deemed to be denied. In the event that the landowner does not, within said period, notify the governing body of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
(4)
Criteria for tentative approval. The Borough Council may give tentative approval to a preliminary development plan if, and only if, it is found to meet the following criteria:
(a)
The proposed preliminary development plan complies with all standards, restrictions, qualifications, criteria, requirements, conditions, regulations and procedures of this chapter, preserves the community development objectives of this chapter and is found by the Borough Council to be consistent with the accepted Comprehensive Plan now in existence or as subsequently amended.
(b)
Where the proposed preliminary development plan provides standards varying from those in this chapter and the Subdivision of Land Chapter otherwise applicable to the subject property, such departure is in the public interest and promotes the environment, health, safety and general welfare of the public.
(c)
The proposals for the maintenance and conservation of any proposed common space are reliable and meet the standards of this chapter, and the amount and extent of improvements of the remaining land are appropriate with respect to the purpose, use and type of residential development proposed.
(d)
The physical design of the proposed preliminary development plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.
(e)
The relationship of the proposed planned residential development to the neighborhood in which it is proposed to be established is beneficial.
(f)
The proposed preliminary development plan will afford adequate protection of natural watercourses, topsoil, trees and other features of the natural environment and will prevent erosion, landslides, siltation and flooding.
(g)
In the case of a preliminary development plan which proposes development over a period of years, the terms and conditions thereof are sufficient to protect the interests of the public and of the residents of the PRD in the integrity of the final development plan.
(5)
The grant or denial of tentative approval shall include findings of fact relating to the proposed preliminary development plan as submitted for approval, and reasons for such decision shall be set forth with particularity, including but not limited to whether the proposed preliminary development plan would or would not be in the public interest with respect to each of the above criteria.
D.
In the event that a development plan is granted tentative approval, with or without conditions, the time between grant of tentative approval and an application for final approval shall not be less than three months, and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months, except upon the consent of the landowner.
E.
Status of plan after tentative approval.
(1)
The official written communication shall be certified by the Borough Secretary and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.
(2)
Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the municipality pending an application or applications for final approval, without the consent of the landowner, provided that an application or applications for final approval is filed or, in the case of development over a period of years, provided that applications are filed, within the periods of time specified in the official written communication granting tentative approval.
(3)
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Borough Council in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked, and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Borough Secretary.
F.
Final development plan.
(1)
The final development plan shall comply with the provisions of other existing ordinances related to development within the Borough and shall include:
(a)
All data required for the final plan as specified in Chapter 149, Subdivision and Land Development.
(b)
Accurately dimensioned locations of all proposed buildings, structures, parking areas and common space.
(c)
The number of families to be housed in each building or structure and the intended use of each building or structure.
(d)
The landscape development plan, including the location and types of materials of sidewalks, trails and recreation facilities as permitted by this chapter.
(e)
Supplementary data, to include any covenants, grants of easements or other restrictions to be imposed on the use of land, buildings and structures and provision for the maintenance, ownership and operation of common space facilities.
(f)
An engineering report, which shall include the following data wherever pertinent:
[1]
Profiles, cross sections and specifications for proposed highway, street or road improvements.
[2]
Profiles and other explanatory data concerning installation of water distribution systems, storm sewers and sanitary sewers.
[3]
Feasibility of the sewerage system in terms of capacity to serve the proposed development.
(g)
An erosion and sedimentation control plan, which shall specifically indicate all erosion and sedimentation control measures to be utilized on the site. The erosion and sedimentation control plan shall be designed to prevent accelerated erosion and sedimentation, including but not limited to the following:
[1]
The topographic features of the site area.
[2]
The types, depths, slope and extent of the soils by area.
[3]
The proposed alteration to the site area.
[4]
The amount of runoff from the site area and the upstream watershed area.
[5]
The staging of earthmoving activities.
[6]
Temporary control measures and facilities for use during earthmoving.
[7]
Permanent control measures and facilities for long-term protection.
[8]
A maintenance program for the control facilities, including disposal of materials removed from the control facilities or site area.
(2)
If the sequence of construction of various portions of the development is to occur in stages, then the common space and/or recreational facilities shall be developed, or an adequate development commitment made thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction as approved. Furthermore, at no time during the construction of the development shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the approved final development plan.
G.
Application for final approval.
(1)
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Zoning Officer and within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bond and such other requirements as may be specified by ordinance, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on any application for final approval of the development plan, or part thereof, shall not be required, provided that the development plan, or the part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
(2)
In the event that the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof and as required by the ordinance and the official written communication of tentative approval, the municipality shall, within 45 days of such filing, grant such development plan final approval.
(3)
In the event that the development plan as submitted contains variations from the development plan given tentative approval, the governing body may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest.
(b)
If the landowner wishes to take either such alternate action, he or she may do so at any time within which he or she shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event that the landowner shall fail to take either of these alternate actions within said time, he or she shall be deemed to have abandoned the development plan.
(c)
Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this article for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the governing body shall, by official written communication, either grant final approval to the development plan or deny final approval.
(d)
The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this article.
(4)
A development plan or any part thereof which has been given final approval shall be so certified without delay by the governing body and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, within a reasonable time, of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of § 149-19 of Chapter 149, Subdivision and Land Development, and post financial security in accordance with § 149-17.
(5)
In the event that a development plan or a section thereof is given final approval and thereafter the landowner shall abandon such plan or the sections thereof that have been finally approved, and shall so notify the governing body in writing, or in the event that the landowner shall fail to commence and carry out the planned residential development within such reasonable period of time as may be fixed by ordinance after final approval has been granted, no development or further development shall take place on the property included in the development plan until after said property is resubdivided and is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in Article XVI.
§ 165-108 Residential density.
A.
Residential density shall not exceed the number of units per gross acre based upon the underlying zoning and shall be as follows:
District | Dwelling Units Per Net Acre |
|---|---|
R3 | 3 |
R4 | 8 |
B.
The Borough Council reserves the right to reduce a density level in any proposed PRD if it determines that:
(1)
The average grade (slope) of 25% or more of the land area prior to development is 25% or greater.
(2)
There is unsafe or inadequate vehicular access to the development.
(3)
Traffic congestion on adjoining highways, streets or roads will be generated which is beyond the safe carrying capacity thereof as determined by accepted standards.
(4)
There is another, unsafe condition created by any such density level.
§ 165-109 Dimensional requirements.
A.
Lot size. There shall be no minimum lot size, percentage of lot coverage or lot width. However, every one-family dwelling shall have access to a common street, road, court, walk or other area available for use.
B.
Buffer. There-shall be a buffer yard of at least 25 feet along the perimeter of each PRD tract as required by § 165-55.
C.
Height. The maximum height of buildings or structures hereafter erected shall be as follows:
Type of Dwelling Unit | Maximum Height (feet) |
|---|---|
Single-family, duplex and townhouses | 35 |
Apartments (R3) | 35 |
Apartments (R4) | 50 |
D.
Length. There shall be no continuous building or structure of townhouses containing more than six dwelling units.
§ 165-110 Location and arrangement of structures.
The proposed location and arrangement of buildings and structures shall not be detrimental in terms of blocking sun, light or air from adjacent buildings or structures within the development site area or from existing buildings or structures located adjacent to the proposed development.
§ 165-111 Screening of perimeter structures.
All buildings and structures on the perimeter of the development must be well screened in a manner which is approved by the Borough Council.
§ 165-112 Development to be complete entity.
Each PRD shall be planned as an entity which includes a unitary site plan, mixtures of housing types and land uses, usable common space, site-related vehicular and pedestrian circulation systems and preservation of significant natural features.
§ 165-113 Use of land in development.
Within a PRD, the following percentages of the total gross land area shall be devoted to specified uses as indicated herein:
A.
A minimum of 35% of the total site area shall be set aside and preserved for usable common space. Where significant or unique natural amenities exist on the site, the Borough Council shall have the authority to enforce their preservation as part of the required common space. These amenities may include, but are not limited to, natural features such as rock outcroppings, virgin timber, groves of trees, ravines, ponds, stream beds and stream valleys. Ground that is unsuitable for building because of slope, soil or other reason shall not be used in the usable common open space.
B.
A maximum of 65% of the total site area may be devoted to residential use, which shall include building coverage, streets, roads, parking areas, private yards and courts which abut and serve residences or group of residences and other usable space.
C.
Ground that is usuitable for building because of slope, soil or other reason shall not be used in the usable common open space.
§ 165-114 Protection and maintenance of common space.
A.
Common space between structures, including that space being used as common space or usable space, shall be protected by adequate covenants running with the land or by conveyances or dedications. A PRD shall be approved subject to the submission of a legal instrument or instruments setting forth a plan for permanent care and maintenance of such space, recreational area and communally owned facilities. No such instrument shall be acceptable until approved by the Borough Solicitor as to legal form and effect. In cases where the Borough will not be accepting dedications of streets, roads, recreation areas or common space, the developer shall provide for an organization or trust for ownership and maintenance thereof.
B.
In the event that the organization established to own and maintain common space, or any successor thereto, shall at any time after establishment of the final development plan fail to maintain the common space, including all streets, roads and driveways and recreational facilities, in reasonable order and condition in accordance with the final development plan, the Borough may take remedial action to cause the common space to be properly maintained, as provided by Section 705 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10705.
§ 165-115 Parking and vehicular and pedestrian traffic.
A.
Parking shall be provided as follows:
(1)
There shall be a minimum of two off-street parking spaces for each dwelling unit if the type of dwelling unit is not defined. Such spaces shall be situated under cover within the dwelling unit or within the immediate vicinity of the dwelling unit served.
(2)
There shall be a minimum of one off-street parking space per every eight dwelling units for visitors parking.
(3)
Visitors' parking areas shall be designed to minimize excessive numbers of vehicles in any one area. Continuous rows of more than eight vehicles shall be interrupted with appropriate landscaping.
B.
Vehicular access within the PRD shall be designed to permit smooth traffic flow with minimum hazard to vehicular or pedestrian traffic.
C.
A pedestrian circulation system shall be established, and the system shall be reasonably segregated from vehicular traffic.
D.
Streets and roads in a PRD may be dedicated to public use or may be retained under private ownership. Any such dedication is not binding on the Borough unless and until it is accepted by the enactment of a resolution to that effect.
§ 165-116 Landscaping.
To maintain the present environment of the Borough, landscape development of any site area shall meet the following requirements:
A.
Existing trees shall be preserved wherever possible.
B.
All disturbed areas not improved for structures, drives, walks, recreation facilities as permitted by the chapter and parking areas shall be properly graded and covered with suitable materials such as grass, ground cover, shrubs and trees to provide as natural an environment as possible and so that the developed portion of the property may be maintained in a safe, healthful, attractive and dust-free condition.
C.
All lighting within the property shall be directed away from adjacent property so that no light source is visible and no glare spills onto the adjacent property.
D.
Within a PRD, all utilities, including, but not limited to telephone, television cable and electrical systems shall be installed underground; provided, however, that any appurtenances to these systems which require on-grade installation must be effectively screened as may be required by the specific approval of the Borough Council.
§ 165-117 Signs.
§ 165-118 Subdivision and resale.
§ 165-119 Performance bond; documentation required prior to permit issuance.
A.
The Borough Council shall require a performance bond or such other acceptable security, as determined by the Borough Council, to be furnished and filed with the Zoning Officer for private improvements. An escrow agreement and account approved by the Borough Council as to form and content shall be required in the amount of 110% of the estimated constructed costs and engineering for each stage of development. Such escrow amount shall accompany the request for final approval of the final development plan to insure completion of all public site improvements, streets, roads, parking areas, sewers, utilities, landscaping, plantings and screening.
B.
Before any building permit may be issued in regard to the PRD, all agreements, contracts, deed restrictions, other instruments and sureties shall be in a form acceptable to the Borough Council.
§ 165-120 Fees.
A.
At the time of application for tentative approval of a PRD a fee as set forth by resolution of the Borough Council shall be payable to the Borough.
B.
At the time of filing of a final development plan for any section or part of a PRD a fee as set forth by resolution of the Borough Council shall be payable to the Borough.
C.
At the time of filing of a final development plan for any nonresidential accessory use a fee as set forth by resolution of the Borough Council shall be payable to the Borough.
D.
In addition to the above enumerated PRD fees, all applicable building permit fees adopted by the Borough from time to time shall apply and be paid.
E.
All fees are subject to change. The Borough shall review the fees annually and make adjustments to reflect current costs.