[Ord. 36, 11/11/1981, § 1]
All "Whereas" clauses are incorporated herein by reference.[1]
[1]
"WHEREAS, applications for preliminary and final approval of subdivision plans under the Subdivision and Land Development Ordinance [Chapter 22], and applications for building permits requiring site plan review by the Planning Commission under the Zoning Ordinance [Chapter 27] or other ordinances of the Township, and applications for variances or special exception uses under the zoning laws of the Township, the Township incurs administrative costs and expenses which include legal, engineering and other costs, which administrative costs and expanses should be properly charged to the applicant, rather than charged against the Township General Fund because these administrative and other expenses are incurred as a result of the application, and benefit the applicant, and
"WHEREAS, the Township wishes to adopt the following procedure whereby funds can be paid to the Township in anticipation of administrative, professional and other expenses to be incurred by the Township and whereby funds will be deposited in escrow in advance of any application, and
"WHEREAS, the Township wishes to make provisions for the party requesting a zoning change pursuant to §§ 609 and 609.1 of the Municipal Planning Code of the Commonwealth of Pennsylvania, to advance the costs which will or may be incurred by the Township, and
"WHEREAS, the Township desires to establish a special bank account to be known as the "Upper Nazareth Township Plans and Appeals Account," to which account deposits for costs may be made by an applicant to cover the administrative, professional and other expenses, and
"WHEREAS, it is the intention of Upper Nazareth Township to provide for such an account so that there can be an orderly receipt and disbursement of funds for the purposes aforesaid."
[Ord. 36, 11/11/1981, § 2]
The Township hereby establishes an account called the "Upper Nazareth Township Plans and Appeals Account."
[Ord. 36, 11/11/1981, § 3]
1. 
An applicant, requesting approval of subdivision plans under the Subdivision and Land Development Ordinance [Chapter 22] or requiring site plan review by the Planning Commission or requesting a hearing under the Zoning Ordinance [Chapter 27] or other resolution, ordinance of the Township or County or statute of the Commonwealth of Pennsylvania, shall deposit sufficient funds to cover all Township administrative expenses, which shall include, but not be limited to, legal, engineering and other professional consultants, as well as any other expenses and costs, which funds shall be paid in advance, provided, however, that additional funds may be requested by the Secretary of the Planning Commission or Zoning Officer or other proper officials of the Township from time to time based on the anticipated expenditures of the Township with regard to the particular application. The following initial minimum deposits shall be applicable to such applications:
A. 
Where the application requires site plan review by the Planning Commission under Township ordinances, the applicant shall deposit the sum of $250 to the Upper Nazareth Township Plans and Appeals Account, and such other funds as may be requested from time to time by the Township.
B. 
Where the application requires approval of subdivision plans under the Subdivision and Land Development Resolution or Ordinance [Chapter 22] and no written subdivision agreement is anticipated, the applicant shall deposit the sum of $350 in the Upper Nazareth Township Plans and Appeals Account, and such other funds as may be requested from time to time by the Township.
C. 
Where the application requires approval of subdivision plans under the Subdivision and Land Development Resolution or Ordinance [Chapter 22] and a written subdivision agreement is anticipated, the applicant shall deposit the sum of $1,500 in the Upper Nazareth Township Plans and Appeals Account, and such other funds as may be requested from time to time by the Township.
D. 
Where the application requests a hearing before the Zoning Hearing Board, the applicant shall deposit the sum of $150 in the Upper Nazareth Township Plans and Appeals Account to cover administrative expenses, at the time of making his application or appeal.
[Ord. 36, 11/11/1981, § 4]
No hearing will be scheduled until the deposit of costs is made. If there are postponed or continued hearings and additional sums are required to cover costs and expenses of these extended hearings, the Chairperson of the Zoning Hearing Board is empowered to estimate and assess these additional costs. The applicant or appellant shall be notified, in writing, of the amount of such additional deposit required, and said deposit shall be made prior to the commencement of any hearings, or adjourned hearings, or subsequent hearings on the matter.
[Ord. 36, 11/11/1981, § 5]
An applicant requesting a zoning amendment pursuant to §§ 609 or 609.1 of the Municipalities Planning Code of the Commonwealth of Pennsylvania, 53 P.S. §§ 10609, 10609.1, shall deposit in the Upper Nazareth Township Plans and Appeals Account the sum of $1,000, against which shall be charged all reasonable and necessary administrative costs and any other expenses which may be incurred in the process of considering a request for a zoning ordinance amendment.
[Ord. 36, 11/11/1981, § 6]
The funds held in the Plans and Appeals Account shall be held in one account; however, a separate ledger shall be kept for each deposit, which ledger shall be available for inspection by the applicant (i.e., developer, appellant, etc.) the Supervisors and the public, as to payments and disbursements; provided, however, that the administrative expenses chargeable to the application in question shall be charged against the account of the applicant, and the checks shall thereafter be drawn from the Plans and Appeals Account, which payments shall be approved in the same manner as those made from the General Funds.
[Ord. 36, 11/11/1981, § 7]
In addition to the aforesaid sums, the applicant shall also pay to the Township's General Fund such amounts as are required to cover the costs of processing a particular application as determined from time to time by the Township Supervisors as Township fees.
[Ord. 36, 11/11/1981, § 8]
After final disposition of the application, any surplus funds held on account of any particular applicant shall be returned to the applicant upon direction of the Township Treasurer.