In order to discharge the duties imposed by
law, the Board of Commissioners of Caln Township has adopted the following
procedures, which shall be observed by all subdividers and land developers.
A.
Classification of subdivision and land development.
Whenever any subdivision of land or land development is proposed and
before any permit for the erection of a structure in such proposed
subdivision and land development shall be granted, the developer,
or his authorized agent, shall apply and secure approval of such proposed
subdivision or land development in accordance with the following procedure:
[Amended 6-26-2003 by Ord. No. 2003-12]
B.
Official submission dates. For the purpose of these
regulations, for all subdivision and land development plans, the plan
shall not be deemed to have been submitted and the Board shall not
be required to accept any incomplete submission and the same shall
be refused as incomplete by the Board if an insufficient number of
copies of any required attachments, plans, or applications is submitted
or if the requisite fee is not paid in full. If the Board holds any
portion of the submission, pending receipt of the balance thereof,
the same shall not be deemed to have been received by the Secretary
for any purpose until the date and time of the submission of the last
item required to be submitted.
[Amended 6-26-2003 by Ord. No. 2003-12]
C.
Upon receipt of the subdivision or land development
application, the Secretary shall review the application to determine
if all supporting documents have been submitted and if the requisite
filing and escrow fees have been paid. If all necessary documents
and supporting materials have been submitted with the application,
and the requisite fees have been paid, the Secretary shall note upon
all copies thereof the date and time of submittal and shall send a
written notice to the applicant advising it of the date that the application
was deemed filed for purposes of determining when the Board of Commissioners
must render a decision on such application pursuant to the provisions
in the Pennsylvania Municipalities Planning Code (Pa.MPC).
[Amended 11-30-2000 by Ord. No. 2000-8]
D.
Requests for extensions. In recognition that an applicant
has a duty to prosecute preliminary, preliminary/final, and final
subdivision and/or land development applications in a diligent, reasonable
and timely manner, the Board of Commissioners will only approve an
aggregate of two requests for extensions of the review period under
Section 508 of the Pennsylvania Municipalities Planning Code,[1] for an aggregate of 180 days as measured from the expiration
of the Township's initial ninety-day period from the submittal of
the application.
[Added 4-24-2008 by Ord. No. 2008-3]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
E.
Waiver and further extension. The Board of Commissioners,
in its discretion, may grant additional requests for extensions of
the review period prescribed by Section 508 of the Municipalities
Planning Code[2] for good cause shown and in circumstances where an applicant
has diligently prosecuted its application by submitting revised plans
in response to, and in compliance with, the review letters prepared
by the Township Engineer.
[Added 4-24-2008 by Ord. No. 2008-3]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
F.
Maximum number of plans allowed. An applicant shall
file only one subdivision and land development application affecting
any one property at any one time. If at any time an applicant desires
to or does file a second subdivision and land development application
pertaining to a property that is inconsistent with any prior subdivision
and land development application, the filing of the second, inconsistent
application shall serve as an automatic withdrawal of the prior application
relating to the property.
[Added 4-24-2008 by Ord. No. 2008-3]
A.
Scope and authority. The submission of a sketch plan
is not mandatory and is intended to facilitate the review and approval
of preliminary and/or final plans. Developers are strongly urged to
submit a sketch plan in sufficient detail for a determination to be
made by the Board of Commissioners concerning the classification of
the proposed subdivision or land development. In any event, all subdivisions
and land developments where the sketch plan lacks sufficient detail
to enable such classification shall be deemed major subdivisions or
major land developments and shall be required to comply with all preliminary
and final plan requirements of this chapter. The submission of a sketch
plan shall not preclude the applicant from proceeding with preliminary
and final plan application as required in this chapter prior to the
approval of the sketch plan by the Board of Commissioners.
[Amended 6-26-2003 by Ord. No. 2003-12]
B.
Discussion of plan contents. Before preparing the
sketch plan for a subdivision or land development, the applicant should
discuss with the Planning Commission the procedure for adoption of
a subdivision or land development plan and the requirements as to
general layout of streets and for reservations of land, street improvements,
drainage, sewerage, fire protection and similar matters, as well as
the availability of existing services. The Planning Commission may
also advise the applicant, where appropriate, to discuss the proposed
subdivision or land development with those officials who must eventually
approve these aspects of the plan coming within their jurisdiction.
C.
Application procedure and requirements. No formal
sketch plan application is required. However, prior to developing
land, an owner of the land, or his representative, may file an application
for approval of a sketch plan. The application should:
(1)
Be made on forms available at the Township office.
(2)
Include all contiguous holdings of the owner, including
land in the same ownership, as defined herein, with an indication
of the portion which is proposed to be subdivided, accompanied by
an affidavit of ownership, which should include the dates the respective
holdings of land were acquired, together with the book and page of
each conveyance to the present owner as recorded in the County Recorder
of Deed's office. The affidavit should advise as to the legal owner
of the property, the contract owner of the property, and the date
contract of sale was executed. If the applicant is the equitable owner,
or agent of the record owner, a statement from the record owner should
be submitted which authorizes the submission of the application.
(3)
Be accompanied by a minimum of eight copies of the sketch plan as
described in these regulations and complying in all respects with
these regulations and submitted to the Township Secretary, who shall
distribute copies as follows:
[Amended 1-31-2019 by Ord. No. 2019-01]
(4)
A digital copy of all submission plans and documents shall be provided
to the Code Department to be distributed to the Board of Commissioners
and Township Solicitor.
[Amended 1-31-2019 by Ord. No. 2019-01]
(5)
Include an address and telephone number of an agent
who shall be authorized to receive all notices required by these regulations.
D.
Classification. Tentative classification of the sketch
plan shall be made at this time by the Planning Commission as to whether
the subdivision or land development is a major or minor subdivision
or major or minor land development as defined in this chapter. The
applicant may proceed directly to the filing of an application for
final plan approval if the plan was classified as a minor subdivision
or minor land development. If the plan was classified as a major subdivision
or major land development, the applicant must first file an application
for preliminary plan approval prior to filing an application for final
plan approval.
[Amended 6-26-2003 by Ord. No. 2003-12]
E.
Study of sketch plan. The Planning Commission shall
consider the sketch plan and shall submit its recommendation to the
Board of Commissioners at its next regular meeting following the completion
of the Planning Commission's review. The recommendations of the Planning
Commission shall:
F.
Substance of Planning Commission review. The Planning
Commission shall study the sketch plan, taking into consideration
the requirements of this chapter and the best use of the and being
subdivided. Particular attention will be given to the arrangement,
location and width of streets, their relation to the topography of
the land, sewage disposal, drainage, retention of stormwater, lot
sizes and arrangement, natural features, the further development of
adjoining lands as yet unsubdivided, and the requirements of the Official
Map and Comprehensive Plan as adopted by the Township.
G.
Approval of sketch plan. After reviewing and discussing
the sketch plan and recommendations of the Planning Commission, the
Board of Commissioners will advise the applicant of the specific changes
or additions, if any, it will require in the layout and the character
and extent of required improvements and reservations which it will
require as a prerequisite to the approval of the subdivision plan
or land development. The Board may require additional changes as a
result of further study of the subdivision or land development in
final form. Said approval shall constitute authorization to prepare
and submit a final plan in the case of a minor subdivision or land
development and authorize appropriate waivers to the provisions of
this chapter.
A.
Application procedure and requirements. The application shall:
[Amended 11-30-2000 by Ord. No. 2000-8; 1-9-2003 by Ord. No. 2003-4; 3-31-2005 by Ord. No. 2005-3; 1-31-2019 by Ord. No. 2019-01]
(1)
Be made on forms available at the Township office, together with
the appropriate filing fee.
(2)
Be accompanied by eight copies of the preliminary plan and profiles
and copies of the required accompanying material as described in these
regulations.
(3)
The submission shall include the following which will be distributed
by the Township Secretary as established by Township internal procedures:
(a)
Three copies of any stormwater reports, calculations and/or
studies.
(b)
Three copies of erosion control reports or calculations.
(c)
Two copies of any required traffic study.
(d)
Three copies of any required Sewage Facilities Planning Module.
(e)
One Chester County Planning Commission application.
(f)
One copy of Chester County Conservation District Transmittal.
(g)
One digital copy of all submission documents.
(4)
Be presented to the Board of Commissioners at a regular meeting of
the Board.
(5)
Include a digital copy of all submission materials, plans and documents.
(a)
The digital submission may be on a compact disc (CD) or a Flash
drive.
(b)
The digital submission shall be prepared to meet commonly accepted
drafting and engineering industry standards for layers, but shall
as a minimum include descriptive information layers containing the
following:
[1]
Lot lines (no text).
[2]
Right-of-way lines (no text).
[3]
Street center lines (no text).
[4]
Edge of pavement lines/curblines.
[5]
Easements; separate layers for water, sanitary sewer and stormwater,
which must be further separated for dedicated vs. private deed restricted
areas. All easement areas must be clearly labeled.
[6]
Floodplains; separate layers for FEMA and calculated floodplains.
[7]
Utilities; separate layers for water and sanitary sewer.
[8]
Stormwater facilities; separate layer for dedicated facilities
and privately owned easement facilities, i.e., swales, basins, etc.
(6)
Eight copies of the preliminary plan and application with supporting data prepared in accordance with the requirements set forth in Article V of this chapter and this subsection shall be submitted, as well as the digital submission. These copies shall be distributed as follows:
(a)
One copy to the Chester County Planning Commission.
(b)
One copy to the Township Engineer.
(c)
One copy to the Caln Township Wastewater Department.
(d)
One copy to the Caln Township Building and Life Safety Department.
(e)
One copy to the Township Planning Commission.
(f)
Retain one copy for the Township Secretary.
(g)
One copy to the Township Wastewater Engineer.
(h)
Digital copies shall be forwarded to the Township Solicitor
and Board of Commissioners.
B.
Preliminary plan approval.
(1)
The review by the Township Engineer shall include
an examination of the content of the plans to be certain that all
information required by this chapter is presented in the plans submitted,
an investigation of the plan to be certain that all other Township
ordinances are complied with and an examination of the engineering
feasibility of the various schemes presented for the location, alignment
and grade of streets, stormwater drainage, sanitary sewers and water
supply. The Township Engineer shall confer with the developer to the
extent necessary to obtain conformity of the plan with these regulations
and to comment upon the matter subject of his review. The Township
Engineer shall forward his comments on the plan to the Planning Commission
as soon as practicable after the date of the plan submission.
[Amended 6-30-2016 by Ord. No. 2016-01]
(2)
Upon receipt of the comments of the Township Engineer
and the Chester County Planning Commission, the Planning Commission
shall, at its next scheduled public meeting, examine the plan with
particular emphasis on determining the suitability of the plan for
the development of the site and its relationship to the harmonious
extension of streets and utilities, arrangement and density of housing
or other uses and compatibility of the plan with the Comprehensive
Plan for the Township. The comments and recommendation of the Planning
Commission, along with the comments of the Township Engineer and the
Chester County Planning Commission, shall be forwarded to the Board
after completion of the Planning Commission's review.
[Amended 6-30-2016 by Ord. No. 2016-01]
(3)
Revised plans.
[Amended 11-30-2000 by Ord. No. 2000-8; 5-10-2001 by Ord. No. 2001-9]
(a)
During the course of the Planning Commission's review of the
plan and prior to any decision by the Board of Commissioners, the
plan may be revised by the applicant. Such revised plan shall be submitted
and distributed in the same manner as the original submission unless
a lesser amount is deemed acceptable by the Township. The revised
plan shall note the dates of any revisions. If a substantial revision
is made to the plan, as determined by the Board of Commissioners,
the applicant shall sign a statement withdrawing any previously submitted
plan from consideration. The Board shall have a period of 90 days
from the date of the regular meeting of the Planning Commission next
following the date the application is filed or after a final order
or court remanding an application, provided that, should said next
regular meeting occur more than 30 days following the filing of the
application or the final order of the court, said ninety-day period
shall be measured from the 30th day following the day the application
has been filed, to render a written decision and communicate it to
the applicant.
[Amended 1-9-2003 by Ord.
No. 2003-4; 3-31-2005 by Ord. No. 2005-3; 1-31-2019 by Ord. No. 2019-01]
(b)
If the revised plan is submitted not later than
12:00 noon on the first business day of the month preceding the next
regular meeting of the Township's Planning Commission, such revised
plan shall be placed on the Planning Commission's regular meeting
agenda for that month, provided that the applicant notifies the Township
not later than the close of business on the Tuesday prior to the next
scheduled Planning Commission meeting that it will attend the meeting
and present its revised plan to the Commission. For example, to be
placed on the agenda for the Planning Commission meeting which occurs
on the fourth Tuesday in January, the revised plan must be submitted
to the Township by 12:00 noon on January 2, and the applicant must
notify the Township not later than the close of business on the third
Tuesday of the month that it will attend the meeting. Revised plans
submitted after that date will be automatically scheduled for the
next scheduled Planning Commission's regular meeting agenda for the
month following the submission, provided that the applicant notifies
the Township not later than the close of business on the Tuesday prior
to the next scheduled Planning Commission meeting that it will attend
the meeting and present its application to the Commission.
(4)
The Board may, before acting on the plan, arrange
for a public hearing thereon after giving such notice as the Board
may deem desirable in each case.
(5)
In acting on the preliminary plan, the Board shall
review the plan and the comments of the Township Engineer, the Planning
Commission and the Chester County Planning Commission and the comments
from public hearings, if any, to determine its conformance with this
chapter. The Board may alter any plan and specify changes or modifications
therein which it deems necessary and may make its final approval subject
to such alterations, changes or modifications.
(a)
The decision shall be in writing and communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision.
[Amended 5-10-2001 by Ord. No. 2001-9]
(b)
When the application is not approved in terms
as filed, the decision shall specify the defects found in the application
and describe the requirements which have not been met and shall, in
each case, cite the provisions of the ordinance relied upon.
(c)
Failure of the Board of Commissioners to render
a decision and communicate it to the applicant within the time limits
required by the Pa.MPC shall be deemed an approval of the application
in terms as presented, unless the applicant has agreed in writing
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
[Amended 11-30-2000 by Ord. No. 2000-8]
(d)
Approval of the preliminary plan shall constitute
approval of the development as to the character and intensity, the
arrangement and approximate dimension of streets, lots and other planned
features, but shall not authorize the sale of lots, the lease of land,
buildings or portions of buildings or the development of land.
[Amended 3-13-1979 by Ord. No. 1979-2; 6-12-1979 by Ord. No. 1979-6; 11-30-2000 by Ord. No. 2000-8; 5-10-2001 by Ord. No. 2001-9; 1-9-2003 by Ord. No. 2003-4; 6-26-2003 by Ord. No. 2003-12; 3-31-2005 by Ord. No. 2005-3; 6-30-2016 by Ord. No. 2016-01; 1-31-2019 by Ord. No.
2019-01]
A.
Submission requirements.
(1)
The application shall be made on forms available at the Township
office, together with the appropriate filing fee.
(2)
The application shall be accompanied by eight copies of the final
plan and copies of the required accompanying material as described
in these regulations.
(3)
Reports, studies and calculations.
(a)
The submission shall include the following which will be distributed
by the Township Secretary as established by Township internal procedures:
[1]
Three copies of any stormwater reports, calculations and/or
studies.
[2]
Three copies of erosion control reports or calculations.
[3]
Two copies of any required traffic study.
[4]
Three copies of any required Sewage Facilities Planning Module.
[5]
One Chester County Planning Commission application.
[6]
One copy of Chester County Conservation District transmittal.
[7]
One digital copy of all submission documents.
(b)
If the above reports, studies and calculations were submitted
as part of preliminary plan approval, those documents shall be updated
and revised as needed.
(4)
The application shall comply in all respects with the sketch plan
or preliminary plan, depending upon the classification of the subdivision
or land development.
(5)
The application shall be presented to the Board of Commissioners
at a regular meeting of the Board.
(6)
The final plan and application shall be accompanied by:
(a)
The water quality management permit issued by the Department
of Environmental Protection, if any is necessary.
(b)
Approval by the Chester County Conservation District and/or
the Department of Environmental Protection for sedimentation and erosion
control.
(c)
The approved revision to the Township Act 537 Sewage Facilities
Plan.
(7)
The application shall include a digital submission of all plans and
materials.
(a)
The digital submission may be on a compact disc (CD) or a Flash
drive.
(b)
The digital submission shall be prepared to meet commonly accepted
drafting and engineering industry standards for layers, but shall
as a minimum include descriptive information layers containing the
following:
[1]
Lot lines (no text).
[2]
Right-of-way lines (no text).
[3]
Street center lines (no text).
[4]
Edge of pavement lines/curblines.
[5]
Easements; separate layers for water, sanitary sewer and stormwater,
which must be further separated for dedicated vs. private deed restricted
areas. All easement areas must be clearly labeled.
[6]
Floodplains; separate layers for FEMA and calculated floodplains.
[7]
Utilities; separate layers for water and sanitary sewer.
[8]
Stormwater facilities; separate layer for dedicated facilities
and privately owned easement facilities, i.e., swales, basins, etc.
(8)
The final plan with supporting data prepared in accordance with the requirements set forth in Article V of this chapter and this subsection shall be submitted in the same number and distributed in the same manner as preliminary plans as follows:
(a)
One copy to the Chester County Planning Commission.
(b)
One copy to the Township Engineer.
(c)
One copy to the Caln Township Wastewater Department.
(d)
One copy to the Caln Township Building and Life Safety Department.
(e)
One copy to the Township Planning Commission.
(f)
Retain one copy for the Township Secretary.
(g)
One copy to the Township Wastewater Engineer.
(h)
Digital copies shall be forwarded to the Township Solicitor
and Board of Commissioners.
B.
Final plan approval.
(1)
The review by the Township Engineer shall include an examination
of the content of the plans to be certain that all information and
changes required by this chapter and by the Board in its review of
the preliminary plan are presented in the plans submitted, and an
investigation of the plan, to be certain that all other Township ordinances
are complied with, and an examination of the engineering feasibility
of the final designs presented, for the location, alignment and grade
of streets, stormwater drainage, sanitary sewers and water supply.
The Township Engineer shall forward his comments on the plan to the
Planning Commission as soon as practicable.
(2)
Revised plans. During the course of the Planning Commission's review
of the plan and prior to any decision by the Board of Commissioners,
the plan may be revised by the applicant. Such revised plan shall
be submitted and distributed in the same manner as the original final
plan submission unless a reduced number is permitted by the Township.
Revised plans shall note the dates of any revisions. If a substantial
revision is made to the plan, as determined by the Board of Commissioners,
the applicant shall sign a statement withdrawing any previously submitted
plan from consideration. The Board shall have a period of 90 days
from the date of the regular meeting of the Planning Commission next
following the date the revised plan is filed or after a final order
of court remanding a revised final plan, provided that should said
next regular meeting occur more than 30 days following the filing
of the revised plan or the final order of the court, said ninety-day
period shall be measured from the 30th day following the day the revised
plan has been filed, to render a written decision and communicate
it to the applicant.
(3)
Upon receipt of the comments of the Township Engineer and the Chester
County Planning Commission, the Planning Commission shall, at its
next scheduled public meeting, review the plan and submit in writing
to the Board its recommendations for the approval or disapproval of
the plan and the reasons therefor.
(4)
Upon receipt of the recommendation of the Planning Commission, the
Board shall review the final plan at the next scheduled public meeting
or at a special meeting for that purpose and shall approve or disapprove
the plan.
(a)
The decision shall be in writing and communicated to the applicant
personally or mailed to him at his last known address not later than
15 days following the decision.
(b)
When the application is not approved in terms as filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the ordinance relied upon.
(c)
Failure of the Board of Commissioners to render a decision and
communicate it to the applicant within the time limits required by
the Pennsylvania Municipalities Planning Code shall be deemed an approval
of the application in terms as presented, unless the applicant has
agreed in writing to an extension of time or change in the prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change in manner of presentation
of communication shall have like effect.
(d)
Approval of the final plan shall constitute approval of the
development as to the character and intensity, the arrangement and
approximate dimension of streets, lots and other planned features,
but shall not authorize the sale of lots, the lease of land, buildings
or portions of buildings or the development of land.
(5)
Every final approval of a plan shall be subject to the following
conditions:
(a)
The owner shall agree, in writing, in a form to be approved
or prepared by the Solicitor of the Township, that he will lay out
the roads, streets, lanes or alleys and construct all of the improvements,
including necessary grading, paving, curbs, gutters, sidewalks, streetlights
on steel poles, fire hydrants, water mains, street signs, storm sewers
and sanitary sewers where these improvements are shown on the final
plan or the application submitted to the Township or where these improvements
are required as a condition of the approval of the plan by the Board,
within the time or times therein specified.
(b)
The owner shall assure the Township by means of a proper guaranty,
in the form of a bond, letter of credit or deposit of funds or securities
in escrow sufficient to cover the cost of the aforesaid improvements
as estimated by the Township Engineer, that said improvements shall
subsequently be installed by the owner. The applicant shall not be
required to provide financial security for the costs of any improvements
for which financial security is required by and provided to the Commonwealth
of Pennsylvania Department of Transportation in connection with the
issuance of a highway occupancy permit pursuant to Section 420 of
the Act of June 1, 1945 (P.L. 1242, § 420),[1] known as the "State Highway Law." The bond shall be furnished
under such conditions and form and with surety as shall be approved
by the Board to guarantee and secure the completion of said streets
and improvements; in lieu of a bond, the owner may deposit cash or
securities with the Township or a bank or trust company or a construction
mortgagee (if such construction mortgagee will reserve or segregate
a sufficient amount necessary from the construction funds for the
payment of the cost of such improvements) to guarantee and secure
completion of the improvements, upon an escrow agreement to be prepared
and approved by the Township Solicitor and approved by the Board.
The escrow agent for the deposit of such cash or securities shall
be designated and selected or approved by the Board.
[1]
Editor's Note: See 36 P.S. § 670-420.
(c)
The owner shall agree, if requested, to tender a deed of dedication
to the Township for such streets and any and all easements for sanitary
sewers or storm sewers and improvements thereto, including street
paving, curbs, sidewalks, sanitary and storm sewers, manholes, inlets,
pumping stations and other appurtenances as shall be constructed as
public improvements and as are required for the promotion of public
welfare, after all streets, curbs, sidewalks and sewers are completed
and such completion is certified as satisfactory by the Township Engineer.
The Board may require that the owner supply a title insurance certificate
from a reputable company before any property is accepted for the Township.
(d)
The subdivider shall provide in that escrow fund an amount estimated
by the Township as necessary to guarantee the payment of the costs
that may be incurred for the rental of hydrants and other utility
charges that are imposed by any utility company or authority for the
furnishing of water for fire protection or furnishing of other utility
services to dwellings or other buildings served by any utility company
or companies from the time the said roads are open until acceptance
of dedication thereof by the Township as public roads. The estimated
costs shall be computed for the period of time appearing on the face
of the improvement bond or escrow agreement during which the said
improvements are to be installed and dedicated, and any extension
of the time within which the improvements are to be made shall be
conditioned upon an addition to the escrow fund herein provided in
an amount sufficient to guarantee the payment of such rentals and
charges for the said fire protection and other utility services during
the period of such extension.
(6)
Upon completion of necessary reviews of final plans, the developer
shall present clear, reproducible copies of all final plans for formal
approval by the Board.
(7)
Upon approval of a final plan, the applicant shall, within 90 days
of such final approval or the date the approval of the Board of Commissioners
is noted on the plan, whichever is later, record such plan in the
office of the Recorder of Deeds of Chester County. One copy of the
recorded plan shall be returned to the Township Secretary's file within
15 days after recording.
[Amended 11-30-2000 by Ord. No. 2000-8; 5-26-2005 by Ord. No. 2005-6; 1-31-2019 by Ord. No. 2019-01; 3-12-2020 by Ord. No. 2020-02]
A.
The Board of Commissioners shall establish by resolution a schedule
of fees to be paid by the applicant at the time of filing a subdivision
and/or land development plan.
B.
The Board of Commissioners has adopted a policy titled, "Consultant Fee Reimbursement Policy and Procedures" ("consultant reimbursement policy") which is on file at the Township and posted on the Township's website. While the consultant reimbursement policy is generally consistent with this § 137-13, the applicant should refer to the most recently updated consultant reimbursement policy for the most current policies and procedures related to consultant fee reimbursement and payment obligations. The consultant reimbursement policy also sets forth specific administrative and processing details related to the applicant's financial obligations.
C.
Administration of fees.
(1)
Upon filing of a subdivision and/or land development plan, the applicant
shall pay, together with the filing fee, an amount as set by resolution
of the Board of Commissioners from time to time for professional consultants'
fees related to plan review, which monies shall be placed into an
escrow account (the "plan review escrow"). The term "professional
consultants" shall include any persons who provide expert or professional
advice, including but not limited to architects, attorneys, certified
public accountants, engineers, geologists, land surveyors, landscape
architects or planners.
(2)
At the time of approval of a subdivision and/or land development
plan, the applicant shall pay to the Township an amount as set by
resolution of the Board of Commissioners from time to time for professional
consultants' fees related to inspection of public improvements, which
monies shall be placed into an escrow account ( the "inspection fee
escrow"). Any money remaining in the applicant's plan review escrow
may be carried over into the inspection fee escrow. Upon approval
of the plan, if there are no public improvements for which inspections
will be required or upon completion and acceptance of dedication of
public improvements by the Township, any monies remaining in escrow
shall be returned to the applicant. No earth disturbance or improvements
shall take place upon the subject property until an inspection fee
escrow is established.
(3)
Upon receipt of a bill for professional consultants' fees for which
either the plan review escrow or the inspection fee escrow has been
established, the Township shall internally process, approve and authorize
payment of such bill, and the Township shall mail a payment reimbursement
letter to the applicant requiring a payment reimbursement within 30
days of the date of the letter. If the applicant fails to return full
payment within the required 30 days, the Township is authorized to
withdraw the appropriate amount of funds from the associated escrow
account. In such case, the Township will send a fifteen-day notice
to the applicant advising of the need to fund the escrow account to
the required amount. A similar notice will be sent if there are insufficient
funds in the escrow account to pay the professional consultant's bill.
(4)
If the applicant fails to submit payment within the deadlines as
set forth above and/or fails to fund escrows to required amounts,
professional plan review shall cease, and the processing of all applications
and/or issuance of approvals/permits shall also cease until financial
obligations are met.
(5)
If there is a dispute by the applicant with regard to a professional
consultant's invoice, such dispute shall be processed as provided
in the Municipalities Planning Code.
(6)
Any interest earned on an escrow account shall be retained by the
Township as an administrative fee unless otherwise prohibited by law.
D.
Township approvals/permits will not be issued and a final plan shall
not be recorded unless all fees and costs owed to the Township are
paid in full.
[Added 3-29-2001 by Res. No. 2001-5]
In order to provide Township staff with adequate time to administratively process and distribute for review by designated governmental agencies a subdivision and/or land development application and plan (sketch plan, preliminary plan and/or final plan) submitted pursuant to Article II of the Caln Township Subdivision and Land Development Ordinance and to provide the Township Engineer with a reasonable opportunity to review and comment on such plan prior to its initial consideration by the Township's Planning Commission, a complete application and all required accompanying plans and documents required by Article II for the type of plan submitted must be filed in the office of the Township Secretary not later than 12:00 noon on the first business day of the month preceding the next regular meeting of the Township's Planning Commission. Applications complying with this requirement may be placed on the Planning Commission's regular meeting agenda for that month, provided that the applicant notifies the Township not later than the close of business on the Tuesday prior to the next scheduled Planning Commission meeting that it will attend the meeting and present its application to the Commission. For example, to be placed on the agenda for the Planning Commission meeting which occurs on the fourth Tuesday in January, the revised plan must be submitted to the Township by 12:00 noon on January 2, and the applicant must notify the Township not later than the close of business on the third Tuesday of the month that it will attend the meeting. Plans submitted after that date will be automatically scheduled for the next scheduled Planning Commission's regular meeting agenda for the month following the submission, provided that the applicant notifies the Township not later than the close of business on the Tuesday prior to the next scheduled Planning Commission meeting that it will attend the meeting and present its application to the Commission. The purpose of this procedure is to facilitate the administrative procedures of the Township and to permit a more meaningful evaluation and more expeditious and orderly review of the application and plan by the Planning Commission. The Township Engineer reserves the right to hold any plan from appearing on the Planning Commission agenda in the event that a longer period of time is required to adequately review the submittal.
