[Ord. 1997-1, 5/12/1997, § 301]
1. Hereafter, all preliminary and final subdivision plans or land development
plans shall be referred to and reviewed by the Township Planning Commission,
Township Engineer and the County Planning Commission. Said plans shall
be approved or disapproved by the Board of Supervisors in accordance
with the procedures specified in this Part and in other sections of
this chapter. Any approval not processed as required hereafter shall
be null and void unless it was made prior to the adoption of these
regulations.
2. Modifications.
A. The Board of Supervisors, after recommendation by the Planning Commission,
may grant modifications from the requirements of one or more provisions
of the literal enforcement of this chapter if such literal enforcement
will exact undue hardship on the applicant because of peculiar conditions
pertaining to the land in question, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed.
B. All requests for modification shall be in writing and shall accompany
and be a part of the application for land development and/or subdivision.
The request shall state in full the grounds and facts of unreasonableness
or hardship in which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
C. Requests for modification shall be submitted with the application
for land development and/or subdivision and shall be referred to the
Township Planning Commission for advisory comments.
D. Upon receipt by the Board of Supervisors of the Planning Commission's
advisory comments, the Board of Supervisors may grant or deny, in
full or in part, any request for such modification.
E. All modifications granted shall be included on the face of the subdivision
or land development plan.
F. The Board of Supervisors shall keep a written record of all actions
on all requests for modifications.
[Ord. 1997-1, 5/12/1997, § 302]
1. It is the intention of the Board in enacting these procedures to
provide the applicant with a timely and comprehensive review of the
plans submitted for subdivision and/or land development. To this end,
the following classifications of plans are established as hereinafter
provided.
A. Minor Subdivision Proposal.
(1)
Definition.
(a)
No public improvement intended to be dedicated to the Township
is to be constructed.
(b)
No street, public or private, is to be constructed, improved
or widened.
(c)
No land disturbance activities will take place except those
incidental to construction of a single-family dwelling on a single
lot.
(d)
No more than four lots are proposed.
(e)
No further subdivision can occur within the resulting lots.
(f)
Lot line adjustments where no development is proposed.
(g)
Subdivision is not in a floodplain.
B. Major Subdivision or Land Development Proposal.
(1)
Definition.
(a)
Any land development application.
(b)
Any proposal involving public improvements, either privately
owned or to be dedicated to the Township.
(c)
Any proposal involving the construction, improvement or widening
of a street, whether public or private.
(d)
Land disturbance activities requiring permanent stormwater management
facilities.
(e)
A subdivision in excess of four lots.
[Ord. 1997-1, 5/12/1997, § 303]
1. The Township shall act on applications for approval of a plat not
later than 90 days from the date of application.
2. The ninety-day period shall commence when an application is complete
which shall only occur once all fees have been paid and all application
forms and accompanying necessary documents have been received by the
Township Secretary. No plan will be considered for review or accepted
for approval unless received by the Township Secretary seven working
days prior to the next regularly scheduled meeting of the Planning
Commission. The ninety-day period for review shall commence on the
date of the next regularly scheduled Planning Commission Meeting;
provided, that should the said next regular meeting occur more than
30 days following the filing of a completed application, the said
ninety-day period shall be measured from the 30th day following the
date the completed application has been filed.
3. An extension to the ninety-day review period shall occur only when
agreed to in writing by the applicant.
4. No revised plans will be considered for review unless the plans have
been received by the Township and the Engineer at least seven working
days prior to a Planning Commission or Supervisor's meeting.
Any revised plans submitted after that date will not be considered.
Action will be taken by the Board of Supervisors or Planning Commission
based on the previously filed plans, unless an extension of time is
granted by the applicant so that the Township has time to review the
revised plan.
5. The applicant, or designated representative, should be present when
the plan is reviewed.
[Ord. 1997-1, 5/12/1997, § 304]
1. General. The general procedure for the processing of subdivision
and land development plans and the rules and regulations governing
the same, insofar as the same supplement the procedures hereinafter
set forth, may be established, revised, amended and repealed by resolution
by the Board of Supervisors of East Nottingham Township. Any regulation
so adopted shall have the full force and effect as if set forth in
extenso in this chapter. In particular, without limiting the generality
of the foregoing, no application shall be deemed complete unless all
of the documents, plans and supplemental materials accompany the same
in the number of copies required and the fee therefore has been paid.
The Secretary of the Township is authorized and directed to return
all incomplete applications to the applicant and is expressly prohibited
from accepting partial or incomplete applications.
2. Amendments to Pending Plans. The applicant, during the pendency of
his application, may file amended plans and submit supplemental or
revised information if and only if all of the following standards
are met:
A. The proposed revision constitutes the same tract of land as was within
the original submission.
B. The proposed revisions do not increase the density or materially
change the concept or nature of the proposed use.
C. The applicant grants such additional time for review as may be deemed
necessary or appropriate by the Planning Commission, in its judgment
and discretion, to permit adequate review of the revised submission.
D. The escrow fund established for costs for engineering and other review
contains sufficient funds to permit payment of professional review
costs that may be incurred by virtue of the revised submission.
E. The Planning Commission determines that the proposed revision is
indeed a revision of the same application and does not constitute
a new and different application for land use for the same property.
By way of illustration and not limitation, a plan changing a proposed
application from single-family dwellings to townhouses shall constitute
a new submission and not a permitted revision.
F. No revision shall be permitted to be filed for a plan upon which
formal action has already been taken by the Board of Supervisors without
the consent of the Board of Supervisors being first had and obtained.
3. Sketch Plan.
A. Scope and Authority.
(1)
The submission of a sketch plan is not mandatory and is intended
to facilitate the review and approval of preliminary and/or final
plans.
(2)
Developers are strongly urged to submit a sketch plan in sufficient
detail for a determination to be made concerning the classification
of the proposed subdivision or land development.
B. Discussions 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.
C. Application Procedures 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 review 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. The plan should advise
as to the legal owner of the property.
(3)
Be accompanied by a minimum of five copies of the sketch plan
as described in these regulations and complying in all respects with
these regulations and submitted to the Planning Commission, which
shall distribute copies as follows:
(a)
One copy to the Township Engineer.
(b)
Two copies to the Township file.
(c)
Two copies to the Planning Commission.
(4)
Include an address and telephone number of an agent who shall
be authorized to receive all notices required by these regulations.
D. Study of Sketch Plan. The Planning Commission shall consider the
sketch plan.
E. Substance of Planning Commission Review. The Planning Commission
will review the sketch plan with the applicant at regularly scheduled
Planning Commission meetings, taking into consideration the requirements
of this chapter and the best use of the land 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.
4. Preliminary Plan.
A. Application Procedure and Requirements.
(1)
The applicant shall submit four copies of the prescribed application
to the Township. The application shall:
(a)
Be made on forms available at the Township Office, and be accompanied
by the appropriate filing fee and plan review deposit.
(b)
Be accompanied by 10 copies of the preliminary plan and profiles
and four copies of the required accompanying material as described
in these regulations.
(c)
Payment of required application fees and escrow deposits as
determined by resolution of the Board.
(2)
The Township Secretary shall note the date of the receipt of
the application, fees and any escrow deposits. The application shall
not be deemed to be submitted until a complete application and required
fees have been submitted.
B. 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 forward his comments on the plan to the Planning Commission
within 30 days from the date of receipt of plans by the Township Engineer.
C. Upon receipt of the comments of the Township Engineer and the Chester
County Planning Commission, the Township 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 recommendations of the Township 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 Township Planning Commission's review.
D. During the course of the Planning Commission's review of the plan, the applicant may revise the plan in accordance with the request of the Planning Commission or the Township Engineer's review. Such revisions shall not change the concept and shall be made on five copies of the plan, which shall note the date of any revisions. All amendments and revisions shall be in accordance with the provisions of §
22-402 hereof.
E. 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.
F. 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 to 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.
(1)
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.
(2)
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 this chapter relied upon.
(3)
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.
G. Whenever the approval of a preliminary plan is subject to conditions,
the written action of the Board as prescribed herein shall (1) specify
each condition of approval, citing relevant ordinance provisions in
each case, and (2) require the applicant's written agreement
to the conditions. Where the applicant's written concurrence
is not received within the time allotted, the Board shall be deemed
to have denied approval.
5. Final Plan.
A. Application Procedure and Requirements.
(1)
Following the approval of the preliminary plan, the applicant,
if he wishes to proceed with the subdivision or land development,
shall file with the Board of Supervisors an application for final
plan approval. The applicant shall submit to the Board of Supervisors
four copies of the prescribed application. The application shall:
(a)
Be made on forms available at the Township Office and be accompanied
by the appropriate filing fee and plan review deposit.
(b)
Be accompanied by 10 copies of the final plan and profiles and
four copies of the required accompanying material as described in
these regulations.
(c)
Comply in all respects with the preliminary plan as approved.
(d)
Be accompanied by payment of required application fees and escrow
deposits as determined by resolution of the Board.
(e)
At the time of submission of the final plan, six copies of a
reduced version (11 inches by 17 inches) of the subdivision plans
showing lots, streets, rights-of-way and address of development shall
be filed with the Township for distribution to the fire company, post
office and school district.
(2)
The Township Secretary shall note the date of the receipt of
the application, fees and any escrow deposits. The application shall
not be deemed to be submitted until a complete application and required
fees have been submitted.
(3)
Upon receipt of all items comprising a complete and official
submission, the Township Secretary shall accept the application.
(4)
Where the final plan is for minor subdivision, the Township
Secretary shall forward copies of the plan to the Township Planning
Commission and County Planning Commission, and the Township Engineer
when deemed appropriate by the Board and the Planning Commission.
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, 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
within 30 days after receipt of plan.
(2)
Upon receipt of the comments of the Township Engineer and the
Chester County Planning Commission, the Township Planning Commission
shall, at a 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.
(3)
Upon receipt of the Planning Commission's recommendation
and other supporting information, the Board shall, at one or more
regular or special public meetings, review the final plan and shall,
within the time limitations set forth herein below, either approve
or disapprove the plan. Notwithstanding the foregoing procedure, the
Board shall render a decision on all final plans and communicate it
to the applicant not later than 90 days following the date of the
regular meeting of the Planning Commission next following the date
the applications filed; provided, that should the said next regular
meeting occur more than 30 days following the filing of the application,
the said ninety-day period shall be measured from the thirtieth day
following the day the application has been filed.
(4)
The decision of the Board of Supervisors shall be in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address not later than 15 days following the
decision.
(5)
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 this chapter relied upon.
(6)
Failure of the Board of Supervisors to render a decision and
communicate it to the applicant within the time and in the manner
required herein 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.
(7)
Every final plan approval, with the exception of minor subdivision proposals as defined under §
22-302, Subsection 1A, shall be subject to the following conditions:
(a)
The applicant shall execute a road and improvement construction
agreement in a form satisfactory with the Township to install all
the improvements as required by this chapter and all regulations adopted
pursuant thereto.
(b)
The applicant shall provide a performance guarantee in accordance with §
22-601.
(c)
The applicant agrees, if requested, to tender a deed of dedication
to the Township for such streets, any and all easements for sanitary
sewers, water lines, or storm sewers, and public improvements including
street paving, sidewalks, shade trees, water mains, any fire hydrants,
sanitary and storm sewers, as are required for the promotion of public
welfare, after all said improvements are completed and such completion
is certified as satisfactory by the Township Engineer. The Board may
require that the applicant supply a title insurance certificate from
a reputable company before any property is accepted for the Township.
(d)
Whenever the applicant is providing open space as part of the
development, an easement in perpetuity restricting such open space
against further subdivision or development shall be executed between
the applicant and the Township or an organization acceptable to the
Township, and shall run to the benefit of the Township and lot purchasers
in the subdivision or land development.
(e)
The applicant shall have applied for all required permits from
agencies having jurisdiction over ancillary development, such as Pennsylvania
Departments of Transportation and Environmental Protection, Public
Utility Commission, and County Health Department.
(f)
Changes in this or other Township ordinances shall affect subdivision
and land development plans as prescribed in § 508(4) of
Act 247, as amended by Act 170 of 1988, Pennsylvania Municipalities
Planning Code, § 10508(4).
(g)
Before acting upon any subdivision or land development plan,
the Board of Supervisors may hold a public hearing thereon pursuant
to public notice.
(h)
No plan which will require access onto a road under the jurisdiction
of Pennsylvania Department of Transportation shall be finally approved
unless the plan contains a notice that a highway occupancy permit
is required pursuant to § 420 of Act 428, known as the "State
Highway Law," 36 P.S. § 670-101 et seq., before access to
a state road is permitted. The department shall, within 60 days of
the date of receipt of an application for a highway occupancy permit:
1)
Approve the permit, which shall be valid thereafter unless,
prior to commencement of construction thereunder, the geographic,
physical or other conditions under which the permit is approved, change,
requiring modification or denial of the permit, in which event the
Department shall give notice thereof in accordance with regulations.
3)
Return the application for additional information or correction
to conform with department regulations.
4)
Determine that no permit is required, in which case the Department
shall notify the Township and the applicant in writing.
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If the Department shall fail to take any action within the sixty-day
period, the permit will be deemed to be issued. The plan shall be
marked to indicate that access to the state road shall be only as
authorized by a highway occupancy permit. The Department shall not
be liable in damages for any injury to persons or property arising
out of the issuance or denial of a permit or for failure to regulate
any access. Furthermore, the Township shall not be held liable for
damages to persons or property arising out of the issuance or denial
of a permit by the department.
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[Ord. 1997-1, 5/12/1997, § 305]
1. After approval of a final plan by the Board of Supervisors but not later than 90 days, the plan shall be filed for recording by the applicant with the Chester County Recorder of Deeds. Before filing with the Chester County Recorder of Deeds, the approved final plan must be filed with the Chester County Planning Commission for the Commission stamp and endorsement of official review. Within five days after such recording, the applicant shall deliver to the Township the receipt of the Recorder evidencing such recording. Should the plan not be recorded, receipt provided, within such period, the plan shall be null and void. The final plan to be recorded shall be an exact copy of the approved final plan prepared in accordance with the provisions of §
22-304, Subsection
5. The final plan shall be filed with the County Recorder of Deeds before proceeding with the sale of lots or construction of buildings.
2. Recording of the final plan after approval by the Board of Supervisors
shall have the effect of an irrevocable offer to dedicate to the public
use all streets and other public ways shown thereon unless reserved
by the developer as hereinafter provided. The approval of the Board
of Supervisors shall not impose any duty upon the Township concerning
maintenance or improvement of any such dedicated streets or public
ways until the Board of Supervisors shall have accepted the same by
ordinance or resolution.
3. If the applicant intends to withhold from dedication certain public
uses, streets or alleys, he shall note the same on the final plan,
in which event the title to such areas shall remain with the owner
and the Board of Supervisors shall assume no responsibility for the
improvements or maintenance thereof.
4. Provided, however, anything to the contrary herein contained notwithstanding, that no plan shall be recorded nor lots sold therefrom unless and until the applicant has posted adequate financial security in accordance with the terms of §
22-601 to guarantee the installation of all improvements required under the plan and compliance with all other terms and conditions of the approval.
[Ord. 1997-1, 5/12/1997, § 306]
1. To defray a portion of the expenses of plan review, fees shall be
payable to the Treasurer of the Board of Supervisors of East Nottingham
Township at the time of filing an application, which fees shall be
as established or amended from time to time by resolution of the Board
of Supervisors.
2. For necessary engineering services in plan review, the applicant
shall pay the actual cost of engineering review incurred by the Township.
At the time of filing an application, the applicant shall deposit
funds with the Treasurer of the Board of Supervisors of East Nottingham
Township for costs incurred in engineering review. Such costs shall
be as established or amended from time to time by resolution of the
Board of Supervisors. Any dispute with reference to the amount of
any such expense shall be resolved in accordance with the provisions
of § 510(g) of the Municipalities Planning Code, 53 P.S.
§ 10510(g).
