Township of Caln, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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]
(1) 
Minor subdivision or minor land development.
(a) 
Sketch plan at the discretion of the applicant.
(b) 
Final plan.
(2) 
Major subdivision or major land development.
(a) 
Sketch plan at the discretion of the applicant.
(b) 
Preliminary plan.
(c) 
Final plan.
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]
(a) 
One copy to the Township Engineer.
(b) 
One copy to the Township files.
(c) 
One copy to the Building and Life Safety Department.
(d) 
One copy to the Wastewater Department.
(e) 
One copy to the Wastewater Engineer.
(f) 
One copy to the Planning Commission.
(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:
(1) 
Recommend the appropriate classification of the proposed subdivision or land development.
(2) 
Identify plan submittals and site improvements which may be required by this chapter.
(3) 
Recommend any appropriate waivers to the provisions of this chapter.
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.
[9] 
Monumentation per § 137-34E and F.
(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.
[9] 
Monumentation per § 137-34E and F.
(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]
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 preliminary or final subdivision or land development plan.
B. 
Administration of fees.
(1) 
Upon filing of a preliminary or final land development or subdivision 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 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 was established, payment of the bill shall be made from the corresponding escrow account. A detailed copy of the invoice shall be forwarded to the applicant.
(4) 
When an escrow account reaches 25% of its initial amount, the applicant shall be directed to refresh the escrow account to an amount equal to the initial amount required. If a plan review escrow account is not refreshed in accordance with this subsection, professional plan review shall cease until the plan review escrow is replenished. If the inspection escrow account is not refreshed in accordance with this subsection, inspections shall cease until the inspection escrow account is replenished.
(5) 
Any interest earned on an escrow account shall be retained by the Township as an administrative fee.
C. 
The final plan shall not be recorded unless all fees and costs owed to the Township are paid in full.
D. 
Any engineering, legal, and administrative costs in excess of the amount submitted prior to approval of the final plan shall be paid by the developer within 30 days of being notified of same by the Township in writing. Any excess paid over the amount actually required to cover such costs of the final plan shall be returned to the developer upon the completion of the required improvement.
[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.