This chapter establishes rules, regulations, and standards governing the subdivision and development of land within the Borough of Malvern, setting forth the procedures to be followed by the Borough Council and Planning Commission in administering these rules, regulations and standards, and setting forth the penalties for the violation thereof.
This chapter shall be known and may be cited as "The Malvern Borough Subdivision and Land Development Ordinance."
This chapter is adopted for the following purposes:
A. 
To further the goals and policies of the 1999 Malvern Borough Comprehensive Plan.
B. 
To promote the health, safety, and general welfare of the residents of the municipality.
C. 
To promote the conservation and enhancement of community character and facilitate the redevelopment of the central business district.
D. 
To ensure the development of land will be conducted with due regard to topography, geologic conditions, and natural and cultural resources, so that the highest quality environment is obtained.
E. 
To ensure that proper provision shall be made for pedestrian and vehicular access and circulation, stormwater management, water supply, wastewater treatment and disposal, public utilities and other community services and facilities, and to provide for adequate coordination of existing and new facilities.
F. 
To provide for adequate light, air, open space, recreation, street trees, and landscape quality.
G. 
To encourage and promote flexibility, economy and ingenuity in the layout and design of subdivisions and land developments to facilitate realization of these purposes.
H. 
To establish procedures and standards for observance by applicants, the Planning Commission and Borough Council.
This chapter has been prepared under the authority and is consistent with the terms and requirements of the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq., Act 1988-170, as amended) and is in accordance with the police power authority granted to the Borough under the Borough Code. It is intended to further the objectives of Article I, Section 27 of the Constitution of the Commonwealth of Pennsylvania, and of the Malvern Borough Comprehensive Plan of 1999.
A. 
Subdivision and land development control. It shall be unlawful for the owner or any other person, firm, or corporation owning or controlling any land in the Borough of Malvern to subdivide any lot, tract, parcel of land, or interior or exterior space by leasehold or other means, including the creation of condominium units, to otherwise undertake any land development as defined herein, or to lay out, construct, open or dedicate for public use or travel, any street, sanitary or storm sewer drainage facility or other facility in connection therewith, for the common use of occupants of buildings located within the subdivision or land development, unless the following conditions have been met:
(1) 
Final plans for any such subdivision or land development shall:
(a) 
Have been prepared and signed by and sealed by a professional engineer or land surveyor or landscape architect, as permitted by the applicable registration laws, duly and currently registered in the Commonwealth of Pennsylvania;
(b) 
Have been submitted to and approved in writing thereon by the Borough Council subsequent to meeting all applicable requirements set forth in this chapter; and
(c) 
Have been recorded in the Chester County Recorder of Deeds office in West Chester, Pennsylvania; and
(2) 
Proper completion of any improvements required by the Borough as condition(s) of plan approval, or any other conditions of approval, have been guaranteed by deposit of funds or financial security sufficient to cover the cost of improvements, inspections and legal fees.
B. 
From and after the effective date hereof, the Borough Council of the Borough of Malvern shall have the authority to regulate subdivision and land development within the Borough.
C. 
In order to aid the Borough Council in their considerations of subdivision and land development applications, the Borough Council hereby decrees that the Planning Commission of the Borough of Malvern shall serve the following functions:
(1) 
All plans, whether major or minor, upon submission to the duly authorized representative of the Borough, shall be referred to the Planning Commission for review.
(2) 
The Planning Commission shall make recommendations to the Borough Council concerning approval, disapproval, modification, and/or conditions for approval of such plans.
(3) 
The Planning Commission shall make recommendations to the Borough Council concerning the interpretation of the granting of requested modifications to provisions and standards of this chapter.
D. 
Prior to the approval of any plan by the Borough Council, complete copy of the proposed submission shall have been transmitted to the Chester County Planning Commission, and the Commission given 30 days in which to review and make recommendation(s) in the form of a report to the Borough in regard to such submission. Pending the receipt and consideration of such report, the Borough Council shall defer action thereon, but if such report is not received by the Borough Council within 30 days from the submission of the plan to the Chester County Planning Commission, or within such further time as may be agreed upon by the Borough Council, the Borough Council may proceed to final action thereon.
A. 
The provisions of this chapter shall be held to be minimum requirements to meet the above stated purposes. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulation shall prevail.
B. 
Wherever the provisions of this chapter mirror language found in the Pennsylvania Municipalities Planning Code, and in the event of subsequent modifications that do not explicitly overrule provisions herein, then the provisions of the more restrictive statute or ordinance shall apply.
It is hereby declared to be the legislative intent that:
A. 
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
B. 
If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any lot, building or other structure, or tract of land, to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be affected.
All ordinances and parts of ordinances inconsistent herewith are hereby repealed to the extent that such ordinances or parts of ordinances are inconsistent herewith. Ordinance No. 209, The Malvern Borough Subdivision and Land Development Regulations of 1973, and subsequent amendments thereto, are hereby specifically repealed.
This chapter is hereby enacted and ordained this 21st day of March, 2006, and shall take effect as provided for by law.