A.
A sketch plan may be submitted by the applicant as
a basis for informal discussion with the Board and the Planning Commission.
Sketch plan submission is encouraged by the Township.
B.
The applicant may submit whatever information he deems
useful. However, to facilitate the fullest possible response from
the Planning Commission, the applicant is encouraged to submit the
information listed below.
[Amended 2-25-2013 by Ord. No. 196[1]]
(1)
A site analysis plan as set forth in Subdivision and Land Development Ordinance § 170-20B(4). For the purposes of the sketch plan, topography may be taken from United States Geological Survey maps; wetlands may be taken from maps published by the United States Fish and Wildlife Service or the United States Department of Agriculture Natural Resources Conservation Service; and woodlands may be taken from aerial photographs.
(2)
A site context map as set forth in § 170-20B(2).
(3)
An
aerial photograph with property lines indicated. The conceptual layout
may be imposed on the aerial photograph.
(4)
Zoning
information, including applicable district, lot area and bulk regulations,
net tract area calculations, density and, where applicable, open space
requirements, including proposed development data.
(5)
A
schematic layout indicating a general concept for land conservation
and development, at the same scale as the site analysis plan. The
sketch plan may be prepared as a simple overlay on top of the site
analysis plan.
(6)
Streets
on and adjacent to the tract.
(7)
General
description of proposed method of water supply, sewage disposal and
stormwater management.
(8)
A
statement indicating that the sketch plan is a schematic drawing,
not intended for construction purposes.
[1]
Editor’s Note: This ordinance also repealed former Subsections
C, D and E, all of which set forth recommendations for material to
be submitted with the sketch plat.
A complete preliminary plan shall include all
the information described by this section, including the studies,
analyses, and documents as may be required.
A.
Drafting standards. All plans, drawing, and other
sketches shall conform with the following standards:
(1)
Preliminary plans must be submitted in the form of
xerographic copies or diazo prints made from original drawings on
reproducible paper or Mylar and shall show the property boundaries
of the entire tract being subdivided or developed.
(2)
The preliminary plan shall be at a scale of not more
than 100 feet to the inch.
(3)
The maximum size of plan drawings shall be 34 inches
by 44 inches. The minimum sheet size shall be 17 inches by 22 inches.
Where more than two sheets are required, an overall key sheet shall
be provided, and match lines must be shown on each sheet. A set of
plans shall consist of uniformly sized sheets.
(4)
Tract boundaries with bearings and distances. Bearings
shall be shown to the nearest seconds. All linear dimensions shall
be shown to the nearest 0.01 of a foot.
(5)
Proposed lot layout with the area of each in acres,
calculated to the nearest 0.001 of an acre. Proposed lots smaller
than one acre shall be further labeled with their lot size to the
nearest square foot.
B.
Plan content. In order to be considered complete,
all plans shall contain at least the following:
(1)
The preliminary plan shall be submitted with a completed Township
form requesting review and the complete review fee as established
by the Board of Supervisors.
[Amended 2-25-2013 by Ord. No. 196]
(2)
Site context map. A map showing the location of the proposed subdivision
or land development within its neighborhood context shall be submitted.
[Amended 8-12-2002 by Ord. No. 148; 2-25-2013 by Ord. No. 196]
(a)
For sites under 100 acres, such maps shall be at a scale not
less than one inch equals 200 feet and shall show the relationship
of the subject property to natural and man-made features existing
within 1,000 feet of the site. For sites of 100 acres or more, the
scale shall be one inch equals 400 feet and shall show the above relationships
within 2,000 feet of the site.
(b)
The features to be shown on a site context map include:
[1]
Topography (from the most current United States Geological Survey
maps).
[2]
Streams and watercourses, drainage basins and subbasins.
[3]
Wetlands (from the most current maps published by the United
States Fish and Wildlife Service or the United States Department of
Agriculture Natural Resources Conservation Service).
[4]
Woodlands over 1/2 acre in area (from aerial photographs).
[5]
Ridgelines.
[6]
Public roads, trails, utility easements, pipelines and rights-of-way.
[7]
Public land and land protected under conservation easements.
[8]
Zoning district boundaries.
[9]
Existing property lines.
[10]
Names of owners of all properties and the names
of all subdivisions.
(c)
The above information may be superimposed on an aerial photograph.
(3)
Background data and supporting documentation.
[Amended 2-25-2013 by Ord. No. 196]
(a)
The preliminary plan shall show the following background data:
[1]
Proposed subdivision name or identifying title and intent of
plan.
[2]
Municipality and location map at a scale not less than one inch
equals 2,000 feet. The location map shall be on each sheet and with
identical orientation to the plan.
[3]
North arrow, scale, date of original drawings and any revisions,
and an approvals block. The approvals block shall be located in the
lower right-hand corner of each sheet requiring municipal signatures.
[4]
Name of recorded owner of property and applicant along with
appropriate tax data from the Chester County Tax Assessment Office
necessary to identify the property.
[5]
Name and seal of the registered professional engineer, surveyor,
architect, or landscape architect responsible for the plan.
[6]
Block numbers and lot numbers, which shall be consecutive throughout
the subdivision and not independent for each block or phase of the
proposal.
[7]
The minimum building setback line from each street.
[8]
The names of owners of all abutting unplatted land and the names
of all abutting subdivisions.
[9]
Where the preliminary plan covers only a part of the applicant's
entire holding, a sketch shall be submitted of the prospective street
layout for the remainder to determine how safe and efficient access
will be provided to the remainder of the property and how future subdivision
and land development will relate and interact with the current proposal.
[10]
A summary of the area and bulk standards applicable
to the zoning district(s) in which the proposal is located shall be
written on the plan.
[11]
All zoning boundaries, if any, that transverse
or are within 300 feet of the area covered by the plan.
(b)
All plans shall include the following supporting documentation:
[1]
Maintenance responsibilities and use restrictions for all rights-of-way
and easements within or adjacent to the tract shall be described on
the plan. The ownership of all such rights-of-way and easements shall
also be indicated, including the owner's name, address, and a contact
person. The applicant shall not be required to supply this information
for rights-of-way for existing public roads.
[2]
A statement of the proposed method of water supply, including
evidence that such source is capable of providing a reliable supply
of potable water in sufficient quantity for the entire proposed development.
[3]
A statement of the proposed method of sewage disposal. Where on-site sewage disposal facilities are proposed, the applicant shall submit a statement with regard to the suitability of the soil to absorb sewage wastes. Where, in the opinion of the Township Engineer, doubt exists about the ability of the soil to absorb such waste, the Board may require further analysis as provided in § 170-41 of this chapter.
[4]
A statement describing all proposed public improvements, including
streets, curbs, and stormwater facilities.
(4)
Site analysis plan. For all subdivisions and land developments, a
site analysis plan shall be prepared to provide the applicant and
the Township with a comprehensive analysis of existing conditions,
both on the proposed development site and within 500 feet of the site.
Conditions beyond the parcel boundaries may be described based on
existing published data available from governmental agencies and from
aerial photographs. A written analysis shall accompany the plan. The
following information shall be shown:
[Amended 2-25-2013 by Ord. No. 196]
(a)
Existing natural features.
[1]
An aerial photograph at a scale that matches the scale of the
site analysis plan, with property lines shown.
[2]
Topography.
[a]
Contour lines with a vertical interval of not more
than two feet for land with average natural slope of 8% or less, and
at intervals of not more than five feet for land with average natural
slope exceeding 8%. Contours shall be established by survey of the
tract and shall not be enlarged from United States Geological Survey
Quadrangle maps or any other similar source. Photogrammetric mapping,
based on aerial photographs and ground control, should be based on
photographs taken within 24 months of the submission. A single Mylar
copy of the site topography depicting the existing topographic features
and elevation contour lines, and excluding all proposed improvements
and subdivision features, should accompany the preliminary plan submission.
It should bear the identification of the map preparer, date of aerial
photography or ground survey, and the location of applicable horizontal
and vertical (bench marks) control points.
[b]
Datum to which control elevations refer. Where
possible, datum shall refer to known, established elevations (United
States Coastal and Geodetic Survey or Pennsylvania Department of Transportation
bench marks).
[c]
Slopes between 15% and 25% and, slopes exceeding
25% shall be indicated on the plan.
[3]
The location and delineation of wetlands, ponds, streams, ditches,
drains, and natural drainage swales, as well as the one-hundred-year
floodplains.
[4]
Vegetative cover conditions on the property according to general
cover type, including cultivated land, permanent grass land, meadow,
pasture, old field, hedgerow, woodland and wetland, specimen trees,
the actual canopy line of existing trees and woodlands. Vegetative
types shall be described by plant community, relative age and condition.
[5]
Tree protection criteria, including but not limited to the following:
[a]
Location of existing woodlands, and an accurate
field survey of the location, size and species of all trees having
a caliper of six inches or greater, whether standing alone or within
the existing woodlands.
[b]
Location of all trees to be saved, including their
trunk and dripline locations. Driplines should be plotted accurately,
to scale. When groups of trees are to be saved, only the location
of the trees on the perimeter must be shown.
[c]
Location of the tree protection zone.
[d]
The location of any proposed retaining walls around
trees to be saved.
[e]
Construction details of any retaining walls shall
be provided, including special soil and fill mediums where applicable.
[f]
Any grade changes which would alter surface and/or
subsurface water movement either to or from the tree protection zone
must also be indicated.
[6]
Soil series, types and phases, as mapped by the United States
Department of Agriculture Natural Resources Conservation Service in
the published soil survey for Chester County, and accompanying data
tabulated for each soil relating to its suitability for construction
(and, in unsewered areas, for septic suitability). The following soil
types shall be specifically identified:
[7]
Ridgelines and watershed boundaries.
[8]
Geologic formations, including rock outcroppings, cliffs, sinkholes,
and fault lines, based on available published information or more
detailed data obtained by the applicant.
[9]
Any portion of the tract identified as a "rare species site."
[10]
A viewshed analysis showing the location and extent
of views into the property from public roads and from public parks,
public forests, and state game lands. Significant scenic views from
the property shall also be delineated.
(b)
Existing man-made features, including:
[1]
Location, dimensions, and use of existing buildings, driveways
and any other man-made features on the site.
[2]
Location, names, widths, center-line courses, paving widths,
identification numbers, and rights-of-way of existing streets and
alleys.
[3]
Locations of trails that have been in public use (pedestrian,
equestrian, bicycle) or are proposed on a municipal or county open
space or greenway plan.
[4]
Location and size of existing utilities.
[5]
Any easements, deed restrictions, rights-of-way, or any other
encumbrances upon the land, including location, size and ownership.
[6]
Site features or conditions, such as hazardous waste, dumps,
underground tanks, active and abandoned wells, quarries, landfills,
sand mounds, and artificial land conditions.
[7]
Locations of historically significant sites or structures on
the tract, including, but not limited to foundations, cellar holes,
stone walls, earthworks, and burial sites. Any portion of the site
located within an Historic District, and historical resources identified
in the New Garden Township Comprehensive Plan (2005).
(c)
Plan of proposed features.
[1]
Proposed buildings and structures, with their proposed uses
indicated.
[2]
Proposed streets, trails, utility corridors and other public
infrastructure, with a note regarding their status in New Garden Township
and Chester County plans.
[3]
All street extensions or spurs as are reasonably necessary to
provide adequate street connections and facilities to adjoining or
contiguous developed or undeveloped areas.
[4]
Proposals requiring access to roads under the jurisdiction of
the Pennsylvania Department of Transportation shall bear a notice
that a highway occupancy permit is required pursuant to Section 420
of the State Highway Law (P.L. 1242, No. 428), 36 P.S. § 670-101
et seq., before access to a state road is permitted.
[5]
Playgrounds, public buildings, public areas, and parcels of
land proposed to be dedicated or reserved for public use shall be
indicated.
[6]
The proposed location of grading, contours, new roads, and stormwater
management facilities.
(5)
Erosion, sedimentation, and stormwater management
plan.
(a)
This plan shall be required when any applicant
expresses intent to change the natural state of any land proposed
to be subdivided, developed, or changed in use by grading, excavating,
removing, or destroying the natural topsoil, trees, or other vegetative
covering.
(c)
The designer or engineer responsible for preparation
of the plan shall include in the plans adequate measures for control
of erosion and siltation, following the guidelines and policies of
the Chester County Soil and Water Conservation District.
(d)
The approved plan for erosion, sedimentation,
and stormwater management and the control practices endorsed thereby
shall be incorporated into an agreement between the Township and the
applicant. The agreement shall include a cash or cash equivalent guarantee
which will assure the Township that emergency measures could be taken
by the Township at the expense of the applicant if said applicant
does not initiate management measures within a specified time.
(e)
The following control measures are typical of
the type required in an effective plan for erosion, sedimentation,
and stormwater management:
[1]
The smallest practical area of land should be
exposed at any given time during development.
[2]
When land is exposed during development, the
exposure shall be kept to the shortest practical period of time.
[3]
Where necessary, temporary vegetation or mulching
shall be used to protect areas exposed during development.
[4]
Sediment traps, including debris basins, desilting
basins, and silt traps, shall be installed and maintained to remove
sediment from runoff waters from land undergoing development.
[5]
Provisions shall be made to mitigate the increased
peak runoff caused by changed soil and surface conditions during and
after development.
[6]
Permanent, final vegetation and structures shall
be installed as soon as practical in the development.
[7]
The development plan should be fitted to the
topography and soils so as to create the least erosion potential.
[8]
Wherever feasible, natural vegetation shall
be retained and protected. Indiscriminate cutting of trees is prohibited.
(f)
The erosion, sedimentation and stormwater control
plan shall include the following information:
[1]
The delineation of pertinent drainage areas.
[2]
Indications of hydrologic soil groups within
the drainage areas, using descriptions from the publications, Urban
Hydrology for Small Watersheds, Tech. Release #55 of the Soil Conservation
Service, June 1986. (Soil classifications are available in the Soil
Survey of Chester and Delaware Counties.)
[3]
A narrative indicating the assumptions made
and the resulting runoff curve numbers for the prevailing (preconstruction)
conditions shall be based on either "meadow" (in good condition),
or "forest land," as applicable, and as indicated in Urban Hydrology
for Small Watersheds, Tech. Release #55 of the Soil Conservation Service,
June 1986.
[4]
Runoff computations for the twenty-four-hour,
two-, five-, ten-, twenty-five, fifty-, and one-hundred-year storm.
(6)
Improvement and construction plan. An improvement
and construction plan shall be required whenever an improvement is
to be constructed or installed.
(a)
The improvement and construction plan shall
be drawn at the same scale as the preliminary plan.
(b)
The improvement and construction plan shall
contain sufficient information to provide working plans for the layout
and construction of proposed improvements, including public and private
streets, utilities, and stormwater retention structures. The plan
shall include, but not be limited to the following:
[1]
A horizontal plan showing layout of proposed
improvements, including stations corresponding to those shown on the
profiles, horizontal curves, and location and size of inlets and manholes,
limits of grading showing edge of lots with reference to road cuts
and fills and road stations. The grading plan within the aforementioned
limits shall indicate the finished grades by contour lines, showing
the proposed excavation, or fill, with reference to the prevailing
topographic contours.
[2]
A profile plan indicating final grades of streets
and sewers, and the extent of cut and fill operations.
[a]
The profile plan shall show the
vertical section of the existing grade along the center line of the
proposed street, as well as the right-of-way limits. Where storm drainage
or sanitary sewer lines are to be installed, they shall be indicated
on the profile plan.
[b]
The horizontal scale on the profile
plan shall be not less than one inch equals 100 and the vertical scale
shall be not less than one equals 10 or, in cases where larger scales
are used, the ratio shall be 1:10 vertical to horizontal.
[c]
A typical cross section of street
construction shall be shown on the profile plan and shall show:
[i]
Right-of-way widths and the location
and width of paving within the right-of-way.
[ii]
Type, thickness and crown of paving,
specifying subgrade treatment, as well as subbase, base course, and
wearing course materials.
[iii]
The location, width, type, and
thickness of curbs, gutters, and sidewalks to be installed, if any.
[iv]
Typical location, size and depth
of any underground utilities that are to be installed in the right-of-way
where such information is available.
(7)
A lighting plan. When lighting is required in accordance with § 200-106A of the Zoning Ordinance,[1] a lighting plan shall be prepared by a qualified engineer
and submitted for review with the development application. Included
in the plan shall be the following:
(a)
The location of all lighting fixtures including
height;
(b)
A written description of all fixtures and means
of light proposed particularly as pertaining to the reduction of glare
which shall include aiming angles, shields and baffles, and mounting
heights;
(c)
A written description of proposed footcandle data to identify intensity and uniformity and demonstrate compliance with § 200-106A of the Zoning Ordinance; and
(d)
The location and composition of vegetative screening
to shield light from adjacent properties.
(8)
Landscape plan. With the purpose of achieving the design criteria of § 200-101 of the Zoning Ordinance, a landscape plan shall be prepared and shall adhere to the following requirements when specifically required by this chapter or by the Zoning Ordinance:
[Amended 2-25-2013 by Ord. No. 196]
(a)
The landscaping plan shall be prepared by a registered landscape
architect licensed to practice in the Commonwealth of Pennsylvania
and shall observe the following Township objectives:
[1]
Promote the use of a variety of native, noninvasive species
of plants according Appendix E of this chapter.[2]
[2]
Editor's Note: Appendix E is attached to this chapter.
[2]
Promote minimal site disturbance and the conservation of noninvasive,
native site vegetation.
[3]
Protect the viewshed from public rights-of-way.
(b)
The landscape plan shall include a schedule of all proposed
landscaping, providing the following information:
(c)
The landscape plan shall show all utilities, above or below
ground, in order to avoid conflicts between plantings and pipes, structures
or wires.
(d)
The landscape plan shall include notes stating the following:
[1]
That all landscaping shall be guaranteed for 18 months from
the time of acceptance by the municipality. Should the eighteen-month
maintenance period end after November 15 and before May 15 of the
following year, the maintenance period shall be extended until May
15 or a time when the plant material is in full leaf, whichever comes
later.
[2]
That the developer shall be required to post a performance bond
with the Township to ensure that any tree that dies within the maintenance
period shall be replaced.
[3]
That all plant material shall be of satisfactory health, size
and condition in accordance with the standards set forth by the American
Nursery and Landscape Association in the most recent edition of the
American Standards for Nursery Stock.
[4]
That any proposed plan modifications, including relocation of
proposed plant material or substitutions for size or species must
be submitted to the Township for approval prior to any changes in
the field.
(9)
Natural resources protection plan. All preliminary subdivision and land development applications shall demonstrate compliance with Article XXII of the Zoning Ordinance, Natural Resource Protection Standards, and shall be accompanied by the plan required in Zoning Ordinance § 200-180A. The plan information may be shown on the site analysis plan required in § 170-20B(4) of this Subdivision and Land Development chapter.
[Amended 2-25-2013 by Ord. No. 196]
(10)
Traffic impact study.
(a)
A traffic impact study shall be required as
part of the preliminary plan application under any one of the following
conditions:
[1]
The proposal will increase the number of peak-hour
trips on adjacent roads by more than 50, according to the most recent
trip generation standards of the Institute of Transportation Engineers;
[2]
The proposal will increase the then-current
average annual daily trips on any abutting road by more than 10% or
500 trips;
[3]
The proposal will have access upon a road functioning
at the time of submission at a level of service D, E, or F;
[4]
The proposal will increase the traffic at any
intersection functioning at a level of service D, E, or F;
[5]
The proposal is expected to worsen some existing
volume, safety, or design deficiency of the local transportation system;
[6]
A residential subdivision or development proposal
of 50 or more single-family units with access onto a single road,
regardless of the number of access points or whether development will
be phased;
[7]
A residential subdivision or development proposal
of 80 or more single-family units, regardless of the number of roads
accessed, number of access points, or whether development will be
phased;
[8]
A residential development proposal of 80 or
more units in multiunit structure(s), regardless of whether or not
development will be phased;
[9]
A general office building proposal with a gross
floor area in excess of 20,000 square feet;
[10]
A convenience store proposal with
a gross floor area in excess of 1,000 square feet;
[11]
A fast-food restaurant proposal
with a gross floor area in excess of 2,000 square feet;
[12]
A planned residential development
proposal;
[13]
A mixed-use development proposal;
[14]
A shopping center proposal; or
[15]
Any development proposing access
from an arterial road.
(b)
The Board of Supervisors may, upon the opinion
of the Township Engineer, request a traffic impact study for any development
viewed as having a substantial impact upon the capacity and safety
of the existing road network.
(c)
Traffic impact studies shall be prepared at
the cost of the applicant and shall comply the Rules and Regulations
for traffic study by PennDOT, Title 67, Code Chapter 201. The traffic
impact study shall include, but is not necessarily limited to, the
following elements:
[1]
An analysis of existing circulation patterns
and how the proposal would affect those patterns.
[2]
A capacity analysis of both the existing and
future conditions upon abutting road segments and at the nearest intersection
of each abutting road.
[3]
A safety analysis, including sight distance
at proposed access points, need for acceleration and deceleration
lanes, and structural road hazards in the study area.
[4]
An analysis of parking needs. This element is
not necessary for proposals with solely residential uses.
(d)
The study area of the traffic impact study shall
include, as a minimum, all roads adjacent to the tract as far as the
nearest intersection with a road classified as a collector or arterial
and shall include such intersections. The study shall also include
all intersections that are expected to handle 50% or more of the peak
hour traffic generated by the proposed development.
(e)
The traffic impact study shall show how the
design of the proposed project will mitigate the effects of increased
traffic volume through the placement and design of site access points.
(f)
The traffic impact study shall conclude with
a list of improvements necessary to maintain the level of service
existing prior to any construction related to the proposed development,
including estimated cost, timing, and responsibility for installation.
(g)
The traffic impact study shall be submitted
by the applicant for review by the Township Engineer and/or the Chester
County Planning Commission, as shall be directed by the Township.
The study shall meet with the satisfaction of the Board, as advised
by the reviewers, prior to plan approval.
(11)
Water resources impact study.
(a)
A water resources impact study may be required
for proposed new residential and nonresidential developments where
connection to public water supply system is not being considered by
the applicant, and when groundwater is the proposed source of water
supply.
(b)
A water resources study may be required by the
Township under any one of the following conditions:
[1]
Where the development proposes the creation
of extensive areas of impervious coverage (30% or more of the tract),
thereby reducing recharge area and increasing the total volume of
stormwater runoff.
[2]
Where extensive lawns or other areas of maintained
ground cover are proposed which will result in increased non-point-source
pollutant loadings.
[3]
Where water supply will be groundwater from
an on-site source and wastewater will be exported to some off-site
stream discharge facility.
(c)
The determination of whether a water resources
study is needed shall be made by the Township Engineer at the sketch
plan phase or, when a sketch plan is not provided, at the preliminary
plan phase. If it has been determined that a water resources study
is required, the format and scope of the study shall be determined
by the Township Engineer in collaboration with the applicant.
(d)
Under the conditions specified by this section,
applicants will be required to include a water resources study as
part of the preliminary plan submission. The water resources study
shall address the following issues:
(e)
The scope of study will be closely related to
quantitative, as well as the qualitative aspects in the particular
watershed. The quantitative aspects should address:
[1]
The impact of the proposed development on groundwater
recharge as the result of newly created impervious surfaces or modified
land cover conditions;
[2]
The effect of pumping from newly proposed wells
on the existing operating wells in the vicinity;
[3]
The effect of groundwater withdrawal on total
aquifer yield with due consideration given to maintaining a minimum
"base flow" in the perennial streams; said "base flow" will be defined
in the agreed scope of the study;
[4]
The impact of the proposed development upon
surface water quality and quantity, including suitability for human
consumption, for recreational use, and as a habitat for indigenous
aquatic life; and
[5]
The qualitative aspects would predominantly
address the effect of subterranean discharge of sewage, including
all types of land application, on the quality of groundwater. This
will include sampling, testing, and monitoring for parameters to be
determined in the agreed scope of the study. The Cockeysville Marble
geologic formation is the highest yield (water bearing formation)
in New Garden Township. Preservation of the water quality in this
and other aquifers is of major interest to the Township residents.
Thus, recognizing the interdependence between the quantity and quality
of groundwater sources, the Township reserves the right to require
the installation of monitoring wells in specific locations. Periodic
sampling and testing may also be required.
(f)
The following elements shall be considered essential
to any water resources study. Additional elements may be required
depending upon the conditions of the tract in question and the type
of development proposed.
[1]
Average rainfall and storm patterns.
[2]
An analysis of the soils and geologic conditions
on the site to establish the degree of groundwater recharge occurring
prior to the proposed development.
[3]
A predevelopment and postdevelopment water budget,
specifying the total volume of water lost to the site as the result
of the creation of new impervious surfaces or of the land cover alteration
on the site. Pumping of groundwater and wastewater disposal methods
must also be evaluated within the water budget.
[4]
An estimation of the effects upon the base flow
of nearby streams, with special attention given to critical low-flow
periods.
[5]
Any special groundwater quality issues.
[6]
Any special surface water quality issues, including
pollutant loading analysis using an accepted methodology to address
metals/inorganics, hydrocarbons, suspended solids, nutrients, biological
oxygen demand/chemical oxygen demand, volatile organics, and fecal
coliform.
(g)
The applicant is strongly encouraged to solicit
advice from the offices of the Chester County Water Resources Authority
and the Township Engineer in order to refine the scope of the water
resources study prior to commencement.
(h)
The water resources study shall be prepared
by a qualified hydrogeologist at the expense of the applicant.
(12)
Community association document. Community associations,
including homeowners' associations and condominium associations, when
proposed, shall include the following items with all subdivision and
land development applications:
(a)
A community association document (also known
as a homeowners' association document or a condominium association
document) and an informational brochure shall be included with all
subdivision and land development applications which propose lands
or facilities to be used or owned in common by all the residents of
that subdivision or land development and not deeded to the Township.
The document shall empower the association to own and maintain the
common property and to make and enforce rules.
(b)
The document shall be accompanied by a map of
the proposed development highlighting the precise location of the
locations and facilities to be owned or operated by the community
association.
(c)
The community association document must contain,
but shall not necessarily be limited to, the following:
[1]
Description of all lands and facilities to be
owned or operated by the community association.
[2]
Description of how the lands and facilities
of the association will be insured, including limit of liability and
a specific schedule and method of transition of land and facilities.
[3]
Acknowledgement that, when the community association
is deemed negligent by the Township in the execution of responsibilities
affecting the health, safety, or welfare of residents, the Township
has the right to intervene and to perform such duties normally reserved
to the community association. The community association shall be billed
by the Township and shall reimburse the Township for all expenses
incurred for such activities.
[4]
Declaration of covenants, conditions, and restrictions,
giving perpetual easement to the lands and facilities owned or operated
by the community association.
[5]
A requirement that each homeowner within the
subdivision or land development become a member of the association.
[6]
Articles of Incorporation.
[7]
Use restrictions, including easements for utilities.
[8]
Where applicable, provisions regulating responsibility
for exterior maintenance and party walls.
[9]
Bylaws governing the functions of the association
and its Board of Directors. A copy of the bylaws shall be given to
each homeowner within the development. The bylaws shall include, at
a minimum, the following:
[a]
Statements setting forth the powers,
duties, and responsibilities of the community association (including
the power to make and enforce rules), and services to be provided.
[b]
Provision for automatic association
membership for all homeowners in the subdivision.
[c]
A description of the process by
which members participate in the association, including meetings,
voting, and elections.
[d]
Statements setting cross-covenants
or contractual terms binding each owner to all other owners for mutual
benefit and enforcement.
[e]
Requirements for all homeowners
to provide a pro rata share of the cost of the operations of the association.
[f]
A process of collection and enforcement
to obtain funds from owners who fail to comply.
[g]
A process for transition of control
of the association from the developer to the homeowners.
[h]
Provisions for the dissolution
of the association, in the event the association should become inviable,
but only upon Township approval.
(d)
The informational brochure shall be provided
to all homeowners within the subdivision or land development and upon
request to any prospective owner. The brochure shall include the following
information as a minimum:
[1]
A complete description of the lands and facilities
owned or operated by the association.
[2]
A description of the organizational structure
of the association.
[3]
Membership requirements and voting rights of
the homeowners and the developer.
[4]
The initial amount of the association fee, frequency
of collection, and method by which the fee may be changed.
[5]
Method for enforcement of fee payment.
[6]
A description of services provided by the association.
[7]
A description of the homeowner's responsibilities
for exterior maintenance of dwelling unit and yard areas.
(e)
The community association shall maintain a current
copy of the community association document and the informational brochure
and for making such available upon request to member residents, prospective
residents or their agent(s), and Township officials. If the community
association maintains an office or other meeting area available to
association members, a current copy of the community association document
and the informational brochure shall be posted there, or shall be
available there and notice of its availability shall be posted. The
developer shall bear this responsibility until full control of the
association is assumed by the residents.
(13)
Common open space management plan. Where the subdivision or
land development includes common open space, a plan shall be submitted,
using the preliminary plan as a base map and showing the boundaries,
acreage and proposed ownership of all proposed common open space.
The plan shall also contain the following information:
[Added 2-25-2013 by Ord. No. 196]
(a)
Proposed ownership, use restrictions, limitations on buildings and
improvements;
(b)
Necessary regular and periodic operation and maintenance tasks and
responsibilities for the various forms of common open space (i.e.,
playing fields, meadow, pasture, cropland, woodlands, etc.) including
mowing, control of invasive species, etc.
(c)
Estimate of staffing needs, insurance requirements, and associated
costs, and defining the means for funding the maintenance of the common
open space on an on-going basis. Such funding plan shall include the
means for funding long-term capital improvements as well as regular
yearly operating, maintenance and capital reserve costs.
A.
Final plans must be submitted in the form of xerographic
copies or diazo prints made from original drawings on reproducible
paper or Mylar and shall show the property boundaries of the entire
tract being subdivided or developed. Except for a minor subdivision,
the final plans shall also be submitted digitally in an unalterable
Portable Document Format (.pdf) on CD. (Submit two disks.) The digital
plan files shall be created using Adobe Acrobat 7.0 Professional or
most current version.
[Amended 4-14-2008 by Ord. No. 176]
B.
All plans, drawings and sketches included with the final plans shall comply with the drafting standards as identified in § 170-20A.
C.
A master plan of the entire development site at a
scale of 400 feet to the inch shall be included with the final plan
at the discretion of the Board of Supervisors.
D.
Final plans shall include the following information:
(1)
All information required on preliminary plans.
(2)
Final subdivision name or identifying title.
(3)
All existing and proposed watercourses, street lines,
lot lines, right-of-way, easements, and areas dedicated or proposed
to be dedicated to public use.
(4)
Sufficient data to determine readily the location,
bearing, and length of every street, lot, and boundary line and to
produce such lines upon the ground.
(5)
Tangent bearings and the length of all straight lines,
radii, and curves for each street.
(6)
All dimensions and angles or bearings of the lines
of each proposed lot and of each area proposed to be dedicated to
public use. Any omission of data necessary for closure may result
in rejection of the plan by the Board of Supervisors.
(7)
Final street names within the subdivision.
E.
The final plan shall include thereon or be accompanied
by:
(1)
An affidavit that the applicant is the owner or equitable
owner of the land proposed to be subdivided.
(2)
A statement duly acknowledged before an officer authorized
to take acknowledgement of deeds and signed by the owner or owners
of the property, to the effect that the subdivision as shown on the
final plan is made with his or their free consent, that it is desired
to record the same.
(3)
Copies of relevant permits or certificates as may
be required by the Pennsylvania Department of Transportation (PennDOT),
the Department of Environmental Protection (DEP), and any other agency
having jurisdiction.
(4)
If any of the supporting plans or studies submitted
with the preliminary plan were deemed by the Board of Supervisors
to need extensive revision, final and correct copies of such plans
or studies shall be submitted with the final plan.
(5)
Letter of review by the Chester County Health Department.
The above requirements for preliminary and final
plans and for supporting data may be modified at the sole discretion
of the Board of Supervisors.
