[Ord. No. 109-2004, § 401, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]
Final authority for approval or denial of approval of all preliminary
and final subdivision and land development plans shall be vested in
the Board of Supervisors. However, prior to action by the Board, all
such plans shall be referred to the Township Planning Commission for
review and recommendation; provided, however, that the failure to
make such referral and/or the failure of the appropriate municipal
planning commission to review and/or make a recommendation with respect
to any such plan shall not affect the validity of any action taken
by the Board with respect to any such plan. In addition, the Planning
Commission may solicit reviews and reports from adjacent municipalities,
other governmental agencies, and other persons or entities that it
considers necessary to ensure conformance with the Township's
Comprehensive Plan and regulatory ordinances.
[Ord. No. 109-2004, § 401, 9/8/2004; as amended by Ord. No. 128-2007 § 2, 5/9/2007; by Ord. No.
171-2014§ 2, 5/14/2014; and
by Ord. No. 180-2016, 4/13/2016; and by Ord. No. 209-2023, 9/13/2023]
1.
For purposes of procedure, all applications shall be classified as
one of the following:
A.
Major Plan. Any of the following:
(1)
Any subdivision involving any portion of, or creating three
or more buildable lots.
(2)
Any land development that does not involve subdivision, unless the Township Planning Commission determines that the impact of the proposed land development creates a minimal impact upon the community and surrounding infrastructure. These land development applications may be considered "minor land developments" and proceed under the procedure of § 22-402, Subsection 3.
B.
Minor Subdivision. Any subdivision in which:
(1)
No street is to be constructed or widened;
(2)
No other public improvement; i.e., intended to be dedicated
to the Township, is to be constructed;
(3)
No earth disturbance activities will take place except those
incidental to construction of a single-family dwelling on each lot;
and
(4)
No more than two buildable lots are created.
2.
Major plan applications shall be subject to all review procedures
specified in this chapter.
3.
Where an application qualifies as a minor subdivision or minor land
development under the terms of this chapter, the applicant may, at
his discretion, seek approval according to the following procedures:
A.
A sketch plan may be submitted and reviewed in accordance with §§ 22-403 and 22-404 of this chapter; the requirements and procedures of §§ 22-405 and 22-406 regarding preliminary plans shall be waived, except that written comments on the sketch plan may be presented by the Planning Commission to the applicant within the time period specified in § 22-406, Subsection 2C, of this chapter.
B.
A final plan, prepared in accordance with §§ 22-503, Subsection 1A, B(2) through B(10), D, and E, shall be submitted and reviewed in accordance with the applicable provisions of §§ 22-407 and 22-408. As part of the final plan review process, copies shall be sent to the relevant Chester County agencies applicable to preliminary plans in § 22-405, Subsection 4, of this chapter. The only design standard sections, as listed under Part 6, "Design Standards," applicable to a minor subdivision or land development are: §§ 22-601, 22-602, 22-604, 22-607, Subsection 4, 22-612, 22-615, 22-617, 22-621, 22-622, 22-623, 22-624, 22-626, 22-627, 22-628 and 22-629 (applicability for all landscaping as determined by the Township Planning Commission).
4.
Where an application qualifies as a minor plan under the terms of
this chapter, the applicant may, at his discretion, seek approval
according to the following procedures:
A.
Submission of a sketch plan with review in accordance with the requirements of Subsection 3A above may be submitted by the applicant.
B.
A final plan, prepared in accordance with §§ 22-503, Subsection 1A and B(2) through B(10), shall be submitted and reviewed in accordance with the applicable provisions of §§ 22-407 and 22-408. As part of the final plan review process, copies shall be sent to the relevant Chester County agencies applicable to preliminary plans in § 22-405, Subsection 4, of this chapter. The only design standard sections, as listed under Part 6, "Design Standards," applicable to a minor plan are: §§ 22-601, 22-602, 22-604, 22-607, Subsection 4, 22-621, 22-622, 22-623, 22-626, and 22-629, Subsection 7 (applicability for all riparian landscaping as determined by the Township Planning Commission).
[Ord. No. 109-2004, § 403, 9/8/2004; as amended by Ord. No. 148-2009 § 1, 12/12/2009; by Ord. No.
150-2010 § 1, 7/14/2010; by Ord. No. 165-2013 § 14, 6/12/2013; by Ord. 171-2014 § 2, 5/14/2014; and by Ord. No. 209-2023, 9/13/2023]
1.
All applicants for subdivision or land development approval may submit
a sketch plan to the Township Planning Commission for review prior
to submission of a formal application. Submission of a sketch plan
is not mandatory, and does not constitute a formal subdivision or
land development application. No formal ordinance review of a sketch
plan is done unless a formal zoning review is requested by the applicant.
It is highly recommended that applicants for major plan applications
submit a sketch plan and request a formal zoning review.
2.
Sketch plans shall be accompanied by supporting documentation, such
as photographs, a historical structure survey form for historical
structures and any other documentation to orient the Planning Commission
to the specifics of the site.
3.
Where a sketch plan is submitted, two full-size copies and six reduced
(11 inches by 17 inches) copies of the plan and an electronic PDF
of the plan (or such other quantities and formats as may be established
from time to time by resolution of the Board of Supervisors) shall
be submitted to the Township for distribution a minimum of five business
days prior to the public meeting at which the plan will be presented.
If the applicant requests a zoning review of a sketch plan by the
Township Engineer for discussion at a public meeting, then the plan
must be submitted a minimum of 30 calendar days prior to the public
meeting at which the plan will be presented. The zoning review request
shall be accompanied by the sketch plan review fees established in
the adopted fee schedule.
4.
The applicant is strongly urged to consult the conservation plan and open space requirements of this chapter and the stormwater management requirements of the Honey Brook Township Stormwater Management Ordinance, Chapter 20, prior to submission of the sketch plan, in order to ensure the proposed subdivision and land development concept reflects those applicable requirements.
5.
In preparing the sketch plan, the applicant also is advised to consult:
A.
The Township's planning consultant.
B.
The Chester County Planning Commission.
C.
The Chester County Health Department concerning soil suitability
when on-site sewage disposal facilities may be proposed.
D.
The Chester County Conservation District concerning erosion and sedimentation
control and the effect of geologic conditions on the proposed development.
[Ord. No. 109-2004, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]
1.
The Township Planning Commission shall, at a meeting with the applicant,
consider the suitability of the sketch plan for the development of
the land and its relationship to the harmonious extension of streets
and utilities, arrangement and density of housing, and compatibility
of the plan with the Comprehensive Plan, or subsequent editions. At
the discretion of the Planning Commission, plans shall undergo review
by the Township's planning consultant prior to receiving a recommendation
from the Planning Commission. Based on this meeting and input from
the planning consultant, the Planning Commission shall submit its
written comments to the applicant; provided, however, that the failure
of the Planning Commission to submit comments in writing shall not
be deemed to be an approval of any application or to vest any rights
in the applicant.
2.
The applicant may, but need not, request further review of the sketch
plan by the municipal governing body. If further review is requested,
the governing body may consider the sketch plan, may consider the
written or other comments of the Planning Commission, may meet with
the applicant, and may advise the applicant as to the governing body's
comments with respect to the sketch plan; provided, however, that
the governing body is not required to review the sketch plan nor to
submit comments to the applicant if the governing body does review
the sketch plan.
3.
Nothing herein contained, nor the failure of the Planning Commission
or the governing body, or both, to proceed or act in accordance with
this section, shall be deemed to be a decision with respect to any
subdivision or land development plan or to vest any rights in the
applicant.
[Ord. No. 109-2004, § 405, 9/8/2004; as amended by Ord. No. 148-2009, § 2, 12/12/2009; by Ord. No.
150-2010, §§ 2, 3, 7/14/2010; by Ord. No. 165-2013, §§ 15, 16, 6/12/2013; by Ord. No. 186-2016, 12/14/2016; and by Ord. No. 209-2023, 9/13/2023]
1.
All preliminary plans submitted pursuant to this chapter shall conform
to the requirements of this chapter and shall, in addition, conform
to such administrative regulations of the Township as may have been
adopted by the Board at any time or from time to time and as shall
be in effect and applicable to the submission at the time such submission
is initiated. All submissions shall be on the form promulgated by
the Township for the submission of subdivision or land development
plans.
2.
Official submission of a preliminary plan to the Township shall consist
of:
A.
Two copies of the application for review of preliminary subdivision
or land development plan on the form promulgated for this purpose.
B.
Copies of the preliminary plan and all supporting plans and information
to enable proper distribution and review as follows (unless other
quantities and formats are established from time to time by resolution
of the Board of Supervisors):
(1)
Two complete plan sets.
(2)
Two sets of all supporting plans, reports and other studies.
(3)
Electronic (PDF) of the plan set and all supporting materials.
(5)
Six reduced sets (11 inches by 17 inches) of the title sheet,
lot layout sheet, grading sheet, landscaping sheet, and other appropriate
sheets as determined by the Township. Full-sized sets may be required
based upon scope of project. Applicants are encouraged to contact
the Township in advance to determine the appropriate sheets for submission.
(6)
Five sewer planning modules (as necessary for on-lot systems)
with accompanying plot plan for each module. If planning modules are
required, the necessary Chester County Health Department review fee
and Chester County Health Department Subdivision/Land Development
Record Form shall also be submitted.
C.
A copy of any conservation easement or similar deed restriction to
which the property is subject, if any. If the property is subject
to a conservation easement or similar deed restriction, additional
copies of the proposed site layout plan must be provided for each
entity with an interest in the easement/deed restriction.
D.
If the project is to be served by a public water authority or a private
water utility company and/or a public sewer authority or private sewer
utility company, provide proof of submission to the respective agencies.
All plan submissions/fees are responsibility of the applicant.
E.
Payment of Township application fees and deposit of escrow for plan
review cost, as prescribed in the applicable fee schedule.
F.
One additional copy of certain application materials, upon request
by Township to applicant, when the Township determines that the application
is required to be submitted to Honey Brook Borough for review pursuant
to any implementation agreement between the Borough and the Township
related to a joint comprehensive plan.
3.
Copies of the preliminary plan and all required supplemental data
initially shall be submitted to the Township, together with the required
fees and escrow deposit established in accordance with the terms of
this chapter, a minimum of 30 calendar days prior to the public meeting
at which the plan will be presented. The Township shall note the date
of receipt of the application, fees, and escrow deposit.
A.
The application shall not be deemed to be submitted until a complete
application and the required fees and the required escrow deposit
all have been submitted.
B.
The Township shall make a preliminary review of the application.
If the Township determines that the application is defective on its
face, it shall notify the applicant, and the application is deemed
not accepted. The applicant may request the return of all submissions
for the purpose of correction and resubmission.
4.
Upon submission of a complete application, together with all required
fees and escrow deposits, the Township shall accept the applications,
plans and other required materials as filed and shall transmit the
requisite number of copies of the plans and other required materials
to the Township Planning Commission and the Township Engineer. In
addition, copies shall be transmitted by applicant to:
A.
Chester County Planning Commission via electronic submission system.
B.
Chester County Health Department (two copies of the planning module
with accompanying plot plans, record form, fee and referral letter)
for review of matters relating to adequacy of the site to sustain
on-lot water and/or sewage disposal systems.
C.
Applicable water authority or private water utility company (one
copy utility plans) for review of required public water connections.
D.
Applicable sewer authority or private sewer utility company (one
copy utility plans) for review of required sewer connections.
5.
The applicant is responsible for submitting plans to the Chester
County Conservation District, the Pennsylvania Department of Transportation
(HOP set) and the Pennsylvania Department of Environmental Protection
(NPDES set) and paying all fees required by these agencies.
[Ord. No. 109-2004, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]
1.
Township Planning Commission.
A.
The Township Planning Commission shall review all plans referred
to it and shall consider any recommendations made by any county agency,
the municipal engineer, and any other persons or entity who shall
have submitted comments with respect to any such application.
B.
After such review, the Secretary of the Planning Commission or their
designee shall send written notice of the recommendations of the Planning
Commission and the reasons therefore, citing specific sections of
statutes or ordinances relied upon, to:
2.
Board of Supervisors.
A.
When a preliminary plan has been officially submitted to the Board
of Supervisors by the Planning Commission, such plan shall be placed
on its agenda for review and action.
B.
In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Planning Commission, Township Engineer, County Planning Commission, and all other reviewing agencies, and comments from public hearings, if any, to determine conformity of the application to the standards or this and any other applicable ordinance. The Board may specify conditions, changes, modifications, or additions to the application which it deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications, or additions, citing appropriate ordinance provisions as prescribed in Subsection 2F.
C.
For the purpose of § 508 of the Municipalities Planning
Code, 53 P.S. § 10508, the Township Planning Commission
is the body which first reviews any application. All applications
for preliminary approval of a plan shall be acted upon by the Board
of Supervisors and communicated to the applicant within 90 days following
the date of the regular meeting of the Planning Commission next following
the date the application is filed; provided, that should the said
next regular meeting of the Planning Commission 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 is filed.
D.
The decision of the Board shall be in writing and shall be communicated
to the applicant personally or mailed to the applicant not later than
15 days following the decision or by the end of said ninety-day period,
whichever shall first occur. The form and content of the decision
shall comply with applicable requirements of Section 508 of the Municipalities
Planning Code, 53 P.S. § 10508.
E.
When deemed desirable, the applicant may be requested to agree, in
writing, to an extension of time beyond the ninety-day period prescribed
by this section in which a decision concerning the status of an application
for approval of a plan is to be rendered. Upon receipt of the applicant's
written agreement, the Board shall render a decision and communicate
it, in the prescribed manner, to the applicant before termination
of the extended time period.
F.
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 agreement is not
received within the time allotted, the Board shall be deemed to have
denied approval.
[Ord. No. 109-2004, § 407, 9/8/2004; as amended by Ord. No. 148-2009, § 3, 12/12/2009; by Ord. No.
150-2010, §§ 4, 5, 7/14/2010; by Ord. No. 165-2013, §§ 17, 18, 6/12/2013; and by Ord. No. 209-2023, 9/13/2023]
1.
The final plan shall conform to the terms of approval of the preliminary
plan and to the most recent administrative regulations adopted by
the Board.
2.
The Board may permit submission of the final plan in sections, pursuant
to the terms of § 508(4) of the Municipalities Planning
Code, 53 P.S. § 10508(4).
3.
Official submission of a final plan to the Township shall consist
of:
A.
Two copies of the application for review of final subdivision or
land development plan on the form promulgated for this purpose.
B.
Copies of the final plan and all supporting plans and information
to enable proper distribution and review, as follows (unless other
quantities and formats are established from time to time by resolution
of the Board of Supervisors):
(1)
Two complete plan sets, to include all supporting plans and
information that was updated from preliminary plan approval.
(2)
Six reduced sets (11 inches by 17 inches) of the title sheet,
lot layout sheet, grading sheet, landscaping sheet, and other appropriate
sheets as determined by the Township. Applicants are encouraged to
contact the Township in advance to determine the appropriate sheets
for submission.
(3)
Electronic (PDF) submission of complete plan set and all supporting
documents.
(4)
Payment of Township application fees and deposit of escrow for
plan review cost, as prescribed in the applicable fee schedule.
(5)
For minor subdivision and minor land development plans, five
sewer planning modules (as necessary for on-lot systems) with accompanying
plot plan for each module. If planning modules are required, the necessary
Chester County Health Department review fee and Chester County Health
Department Subdivision/Land Development Record Form shall also be
submitted.
4.
Copies of the final plan and all required supplemental data initially
shall be submitted to the Township, together with the required fees
and escrow deposit established in accordance with the terms of this
chapter, a minimum of 30 calendar days prior to the public meeting
at which the plan will be presented. The Township shall note the date
of receipt of the application, fees, and escrow deposit.
A.
The application shall not be deemed to be submitted until a complete
application, the required fees and the required escrow deposit all
have been submitted.
B.
The Township shall make a preliminary review of the application.
If the Township determines that the application is defective on its
face, it shall notify the applicant, and the application is deemed
not accepted. The applicant may request the return of all submissions
for the purpose of correction and resubmission.
5.
Upon submission of a complete application, together with all required
fees and escrow deposits, the Township shall accept the application,
plans, and other required materials as filed and shall transmit the
requisite number of copies of the plans and other required materials
to the municipal planning commission and the municipal engineer. In
addition, copies shall be transmitted by applicant to such additional
persons or agencies as the Township shall determine.
[Ord. No. 109-2004, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]
1.
Township Planning Commission.
A.
The Township Planning Commission shall review the final plan submitted
and shall consider any recommendations of the Township Engineer and
any other reviewing agency submitting comments.
B.
After such review, the Secretary of the Planning Commission shall
send written notice of the recommendations of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
ordinances relied upon, to:
2.
Board of Supervisors.
A.
When a written report on a final plan has been officially submitted
to the Board of Supervisors by the respective municipal planning commission,
such plan shall be placed on the agenda of the Board for review.
B.
Upon receipt of the Planning Commission's recommendation and
other supporting information, the Board shall, at a regular or special
meeting within the time limitations set forth herein below, either
approve or disapprove the plan. The Board shall render a decision
on all final plans and communicate that decision to the applicant
not later than 90 days following the date of the regular meeting of
the Planning Commission next following the date the application is
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.
C.
The decision of the Board 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 or by the end of the
said ninety-day period, whichever shall first occur. The form and
content of the decision shall comply with applicable requirements
of § 508 of the Municipalities Planning Code, 53 P.S. § 10508.
D.
When deemed desirable, the applicant may be requested to agree, in
writing, to an extension of time beyond the ninety-day period prescribed
by this section in which a decision concerning the status of an application
for approval of a plan is to be rendered. Upon receipt of the applicant's
written agreement, the Board shall render a decision and communicate
it, in the prescribed manner, to the applicant before termination
of the extended time period.
E.
In addition to the provisions of Subsection 3, the Board may specify conditions, changes, modifications, or additions to the application which it deems necessary and may make a decision to grant final approval subject to such conditions, changes, modifications, or additions. Whenever the approval of a final 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 agreement is not received within the time allotted, the Board shall be deemed to have denied approval.
3.
Every final plan approval shall be subject to these further conditions:
A.
The applicant shall execute a subdivision and land development agreement in accordance with § 22-409.
D.
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 improvements thereto, including
street paving, sidewalks, shade trees, water mains, fire hydrants,
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, sidewalks, sewers, and the like 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.
E.
Whenever the applicant is provided 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.
F.
The applicant shall have applied for all required permits from agencies
having jurisdiction over ancillary matters necessary to effect the
subdivision or land development, such as the Pennsylvania Departments
of Transportation (PennDOT) and Environmental Protection (DEP), the
Public Utility Commission (PUC), the Chester County Health Department
(CCHD), and any water or sewer authority whose service area includes
the property being subdivided or developed.
G.
For any plan that contemplates the creation of new lots, annexations
of land, lot line adjustments, or any other subdivision resulting
in new or changed lot lines, the applicant shall provide draft deeds
and legal descriptions for the separate conveyance of such parcels
or lots, as well as deeds for any required consolidation of lands,
as required to effect such subdivision or land development. Such deeds
shall be required to be recorded following recordation of the final
plan.
[Ord. No. 109-2004, § 409, 9/8/2004; as amended by Ord. No. 186-2016, 12/14/2016; and by Ord. No. 209-2023, 9/13/2023]
1.
The applicant shall execute an agreement, to be approved by the Township,
before the final plan is released by the Board and filed on record.
Said agreement shall specify the following, where applicable:
A.
The applicant agrees that he will lay out and construct all streets
and other improvements, including grading, paving, curbs, gutters,
sidewalks, street lights, fire hydrants, water mains, street signs,
shade trees, storm and sanitary sewers, landscaping, traffic control
devices, open space areas, and erosion and sediment control measures
in accordance with the final plan as approved, where any or all of
these improvements are required as conditions of approval.
C.
The applicant agrees to tender a deed or deeds of dedication to the
Township for such streets and for such easements for sanitary and
storm sewers, sidewalks, manholes, inlets, pumping stations, and other
appurtenances as shall be constructed as public improvements, provided
that the Township shall not accept dedication of such improvements
until their completion is certified as satisfactory to the municipal
engineer.
D.
Whenever an applicant proposes to establish or continue a street
which is not offered for dedication to public use, the Board of Supervisors
shall require the applicant to submit, and also to record with the
plan, a copy of an agreement made with the Board on behalf of himself
and his heirs and assigns, and signed by him, and which shall establish
the conditions, if any, under which the street may later be offered
for dedication, and shall stipulate, among other things:
(1)
That an offer to dedicate the street shall be made only for
the street as a whole.
(2)
That the Township shall not be responsible for repairing or
maintaining any undedicated streets.
(3)
That the method of assessing repair and maintenance costs of
undedicated streets be stipulated, and be set forth in recorded deed
restrictions so as to be binding on all successors or assigns.
(4)
That, if dedication be sought, the street shall conform to applicable
Township specifications or that the owners of the abutting lots shall,
at their own expense, restore the street to conformance with such
specifications.
[Ord. No. 109-2004, § 410, 9/8/2004; as amended by Ord. No. 171-2014, § 2, 5/14/2014; by Ord. No.
186-2016, 12/14/2016; and by Ord.
No. 209-2023, 9/13/2023]
1.
The applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including, but not limited to, streets, walkways, curbs, gutters, street lights, shade trees recreational facilities, open space improvements, landscaping, as-built plans, stormwater management facilities and erosion and sediment controls as required by the Honey Brook Township Stormwater Management Ordinance, Chapter 20, and, except as provided for in Subsection 6 hereof, water mains and other water supply facilities, fire hydrants, and sanitary sewage disposal facilities.
2.
Financial security required herein shall be in the form of a federal
or commonwealth-chartered lending institution irrevocable letter of
credit, a restrictive or escrow account in such institution or with
a financially responsible bonding company, or such other type of financial
security which the Township may, in its reasonable discretion, approve.
The bonding company may be chosen by the party posting the financial
security, provided that the said bonding company or lending institution
is authorized to conduct business within the commonwealth and stipulates
that it will submit to Pennsylvania jurisdiction and county venue
in the event of legal action.
3.
The said financial security shall provide for, and secure to the
public, the completion of all subdivision improvements for which such
security is being posted on or before the date fixed in the Board's
formal action of approval or accompanying agreement for completion
of the improvements. The amount of financial security required shall
be based upon an estimate of the cost of completion of the required
improvements, submitted by an applicant or developer and prepared
by a professional engineer, licensed as such in Pennsylvania, and
certified by such engineer to be a fair and reasonable estimate of
such cost. The Board, upon recommendation of the municipal engineer,
may refuse to accept such estimate for good cause shown. If the applicant
or developer and the Township are unable to agree upon an estimate,
the estimate shall be determined in accordance with the terms of § 509(g)
of the Municipalities Planning Code, 53 P.S. § 10509(g).
4.
The amount of financial security shall be equal to 110% of the cost
of completion of the required improvements for which financial security
is to be posted, in accordance with the terms of § 509(f)
of the Municipalities Planning Code, 53 P.S. § 10509(f).
If the party posting the financial security requires more than one
year from the date of posting to complete the required improvements,
the amount of financial security shall be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting of financial security to an amount not exceeding 110% of the
cost of completing the required improvements as reestablished on or
about the expiration of the preceding one-year period by using the
above procedure for estimating cost.
5.
Where development is projected over a period of years, the Board
may authorize submission of final plans by section or stage of development,
subject to such requirements or guarantees as to improvements in the
future sections or stages of development as it finds essential for
the protection of any finally approved section of the development,
and consistent with the terms of § 508(4) of the Municipalities
Planning Code, 53 P.S. § 10508(4).
6.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Township, financial security
to ensure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
7.
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board shall have 45 days from receipt of such request within which to allow the municipal engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to amount requested by the applicant, but shall certify to the Board his independent evaluation of the proper amount of partial releases. The Board may, prior to release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the remaining improvements as per § 22-803, Subsection 4, of this chapter.
9.
Where the Township accepts dedication of all or some of the required
improvements within a subdivision or land development following completion,
the Township may require the posting of financial security to secure
structural integrity of said improvements as well as the functioning
of said improvements in accordance with the design and specifications
as depicted on the final plan for a term not to exceed 18 months from
the date of acceptance of dedication. The financial security shall
be of the same type as permitted for installation of improvements
and the amount of the financial security shall not exceed 15% of the
actual cost of installation of the improvements to be offered for
dedication. The developer shall, after final inspection and acceptance
and for a period of 18 months from the date of dedication to the Township,
repair, rebuild or replace any and all items which have proved defective
due to unsatisfactory material and/or workmanship. Upon written notice
from the Township or Engineer, the developer shall immediately make
any repairs that may be necessary or such repairs will be made by
the Township at the expense of the developer. In case of an emergency
where delay would cause serious loss or damage, the Township shall
endeavor to notify developer of the need for such emergency repair,
but failing prompt action by developer or the Township's ability
to timely reach said developer, the Township may proceed to undertake
to repair any defect and the expense of such repairs shall be borne
by the developer. The cost of any repairs undertaken by Township pursuant
to this section, if unpaid by developer, may be drawn by the Township
from the developer's maintenance guarantee.
[Ord. No. 109-2004, § 22-411, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]
1.
The Township shall be provided a minimum of eight paper copies of
the final plan for endorsement. Additionally, for major subdivisions,
the applicant shall provide two digital copies of the plan as follows:
A.
A digital submission in either a .dxf or .dwg format compatible with
the Township's most recent version of AutoCAD utilized by the
Township Engineer, and a PDF file of such final plan containing all
plan sheets. A PDF file of all required and supporting final reports
shall also be provided. This submission shall be on a compact disc
(CD) in uncompressed format or a ZIP disc standard compression format
only. The digital submission shall provide an exact duplicate of paper
drawings. Raster format data or external drawing data shall be imported
as blocks, not external references. Proprietary fonts shall not be
used. Elevations shall be referenced to the State Plane Coordinate
System.
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/curb lines.
(5)
Easements; separate layers for water, sanitary sewer and stormwater,
which must be further separated for improvements offered for dedication
and those improvements to be held in private deed restrictions.
(6)
Floodplain; separate layers for FEMA, soil delineated and calculated
flood hazards.
(7)
Utilities; separate layers for water and sanitary sewers.
(8)
Stormwater facilities; separate layers for facilities offered
for dedication and those to be held in private ownership and/or under
easement, i.e., swales, basins, etc.
2.
Within 90 days of the applicant's execution of the subdivision
and land development agreement and performance guarantee, the final
plan shall be recorded by the applicant in the office of the Recorder
of Deeds of Chester County, and two copies of the recorded plan shall
be furnished to the Township. If such plan should fail to be recorded
within the specified period of time, and the time for recording the
plan has not been extended by written action of the Board of Supervisors,
then the approval thereof shall be considered null and void. The Board
may reinstate approval of the plan and authorize its recording where,
following expiration of the ninety-day period or any approved extension
thereof, no significant changes to relevant Ordinance provisions or
to other circumstances relevant to the proposed plan have been made.
Conversely, if the Board finds that such changes have occurred, the
original plan approval shall continue to be null and void.
[Ord. No. 109-2004, § 412, 9/8/2004; as amended by Ord. No. 171-2014, § 2, 5/14/2014; and by Ord.
No. 209-2023, 9/13/2023]
1.
No construction or earth disturbance activities (not including soil
or percolation testing, well drilling, or similar engineering or surveying
activities) shall be commenced until the applicant submits to the
Township a copy of the Recorder of Deeds' receipt for recording
of the final plan. Where an applicant has obtained full (unconditional)
preliminary plan approval from the Township and all required erosion
and sedimentation control permits [including National Pollutant Discharge
Elimination System (NPDES) permit, if required], the Township may
allow earth disturbance activities to commence.
2.
No application for a building permit under the Township Zoning Ordinance, Chapter 27, shall be submitted and no building permit under the Township Zoning Ordinance, Chapter 27, shall be issued for any building in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for the said subdivision or land development and any required conveyance deeds have been approved and recorded as provided for and until the terms of Subsection 1 hereof have be satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been complied with.
3.
No water system or sewer system, including extensions to existing
systems or new systems employing sewage treatment plants, shall be
constructed prior to the issuance of appropriate permits from the
Pennsylvania Department of Environmental Protection or from federal
or local agencies, as required.
[Ord. No. 109-2004, § 413, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]
The approval of any subdivision or land development plan shall
be effective for the five-year period established by § 508(4)
of the Municipalities Planning Code, 53 P.S. § 10508(4),
as amended from time to time. The aforementioned section of the Municipalities
Planning Code shall control any phased submission and any vested rights
which may accrue from the date of preliminary plan approval.
[Ord. No 109-2004, § 414, 9/8/2004; as amended by Ord. No. 209-2023, 9/13/2023]
Major modifications of the approved plan, as determined by the
Township, shall be resubmitted and reprocessed in the same manner
as the original plan. All site disturbance activities shall cease
pending approval of modified plans.
