Final authority for approval or denial of approval
for all preliminary and final subdivision and land development plans
shall be vested in the Council. However, prior to action by the Council,
all such plans shall be referred to the Planning Commission for review
and recommendation; provided, however, that the failure to make such
referral and/or failure of the 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 Council with respect to any
such plan.
A.
For purposes of procedure, all applications shall
be classified as either major or minor:
(2)
Minor. Any subdivision in which:
(a)
No street is to be constructed or widened.
(b)
No other public improvements, i.e., those intended
to be dedicated to the Borough, are to be constructed.
(c)
No land disturbance activities in excess of
5,000 square feet or 2,000 square feet additional of impervious area
will take place except those incidental to construction of a single-family
dwelling on each lot.
[Amended 5-1-2002 by Ord. No. 2002-4]
(d)
No more than five lots are created.
(3)
Minor/sketch plan of record. Any subdivision, including
a natural subdivision, in which:
[Added 5-1-2002 by Ord. No. 2002-4]
(a)
No street is to be constructed or widened.
(b)
No other public improvements, i.e., those intended
to be dedicated to the Borough, are to be constructed.
(c)
There are no land disturbance activities in
excess of 1,000 square feet or 500 square feet of additional impervious
area, except those incidental to construction of a single-family dwelling
on each lot.
(d)
No more than three lots are created.
B.
Major applications shall be subject to all review
procedures specified in this article.
C.
Where an application qualifies as a minor subdivision
under the terms of this section, the applicant may, at his discretion,
seek approval according to the following procedures:
(1)
A sketch plan shall be submitted and reviewed in accordance with §§ 256-13 and 256-14 of this chapter; the requirements and procedures of §§ 256-15 and 256-16 regarding preliminary plans shall be waived, except that written comments on the sketch plan shall be presented by the Planning Commission to the applicant within the time period specified in § 256-16B(3) of this chapter.
D.
Sketch plan of record. A sketch plan of record shall be submitted and reviewed in accordance with the applicable provisions of § 256-18B and C. Sufficient copies shall be sent to the relevant county agencies relative to the preliminary plan in accordance with § 256-15D of this chapter.
[Added 5-1-2002 by Ord. No. 2002-4]
[Amended 5-1-2002 by Ord. No. 2002-4]
A.
All applicants for subdivision or land development
may submit a sketch plan to the Planning Commission for review prior
to submission of a formal application, except under the procedures
for minor plans; however, submission of a sketch plan is not mandatory.
Submission of a sketch plan does not constitute a formal subdivision
or land development application. Submission of a sketch plan of record
constitutes a formal subdivision or land development application.
B.
Sufficient copies of the sketch plan or sketch plan
of record may be submitted to the Code Enforcement Officer for distribution
to the Planning Commission and Engineer prior to the Planning Commission
meeting at which the sketch plan or sketch plan of record is to be
discussed. The requisite number of copies shall be as determined by
the Council. For the sketch plan of record, the Code Enforcement Officer
shall note the date of receipt of the application, fees and escrow
deposit. The application shall not be deemed to be submitted until
a complete application and the required fees and the required escrow
deposit have all been submitted. If the Code Enforcement Officer determines
that the application is defective on its face, he shall notify the
applicant, who may request the return of all submissions for the purpose
of correction and resubmission. A request for the return of all submissions
shall be in writing and shall be deemed to be a withdrawal of the
application.
C.
The applicant is strongly urged to consult Article IV, Natural Features Protection Standards, of Chapter 287, Zoning, and Chapter 246, Stormwater Management, prior to submission of the sketch plan in order to ensure that the proposed subdivision or land development will be compatible with the conservation and stormwater management plans to be submitted.
[Amended 5-1-2002 by Ord. No. 2002-4]
A.
Sketch plan.
(1)
The 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 houses and compatibility
of the plan with the Comprehensive Plan for the Borough. Based on
this meeting, 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 Council. If further review is requested,
the Council 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 Council's comments with respect
to the sketch plan; provided, however, that the Council is not required
to review the sketch plan, nor to submit comments to the applicant
if the Council does review the sketch plan.
(3)
Nothing herein contained, nor the failure of the Planning
Commission or the Council, 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.
B.
Sketch plan of record.
(1)
The Planning Commission shall review the sketch plan
of record submitted and shall consider any recommendations of the
Borough Engineer and any other review agency submitting comments,
including the County Planning Commission pursuant to Section 502 of
the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10502.
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the action of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
ordinances relied upon to:
A.
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 Council as may have
been adopted by the Council 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 Borough for the submission of subdivision or land development
plans.
B.
Official submission of a preliminary plan to the Code
Enforcement Officer shall consist of:
(1)
Four copies of the application for review of preliminary
subdivision or land development plan on the form promulgated by the
Borough for this purpose.
(2)
A sufficient number of copies, as specified on the
application form, of the preliminary plan and all supporting plans
and information to enable proper distribution and review, as required
by the Council.
(3)
Payment of application fees and deposit of escrow
for plan review cost.
C.
Copies of the preliminary plan and all required supplemental
data initially shall be submitted to the Code Enforcement Officer,
together with the required fees and escrow deposit established in
accordance with the terms of this chapter. The Code Enforcement Officer
shall note the date of receipt of the application, fees and escrow
deposit. The application shall not be deemed to be submitted until
a complete application and the required fees and the required escrow
deposit have all been submitted. The Code Enforcement Officer shall
make a preliminary review of the application. If the Code Enforcement
Officer determines that the application is defective on its face,
he shall notify the applicant, who may request the return of all submissions
for the purpose of correction and resubmission. A request for the
return of all submissions shall be in writing and shall be deemed
to be a withdrawal of the application.
|
[NOTE: Since the Municipalities Planning Code ninety-day clock is measured from the date the application is filed [see § 256-16B(3) below], it is important to clarify when that filing officially occurs. The language in Subsection C above and in Subsection D below specifies that filing does not occur until the application is deemed complete by the municipality and accepted as such. A procedure is spelled out for the municipality to return an incomplete application, further specifying that an applicant's request for a return of this submission constitutes an official withdrawal; thus, any resubmission of a corrected application would restart the ninety-day clock. In such cases, the escrow deposit would be returned, but not the application fee (unless the Borough so chooses).]
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D.
Upon submission of a complete application, together
with all required fees and escrow deposits, the Code Enforcement Officer
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 Planning Commission and the Borough
Engineer. In addition, copies shall be transmitted to:
(1)
Chester County Planning Commission (one copy and the
official referral form signed by the Borough representatives).
(2)
Chester County Soil and Water Conservation District
(one copy), at the discretion of the Borough, for review of matters
relating to drainage and abatement of soil erosion. Any costs for
such review shall be paid by the applicant.
(3)
Such additional persons or agencies as the Borough
shall determine.
A.
Planning Commission.
(1)
The Planning Commission shall review all plans referred
to it and shall consider any recommendations made by any county agency,
the Borough Engineer and any other persons or entities who shall have
submitted comments with respect to any such application, pursuant
to Section 502 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10502.
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the action of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
ordinances relied upon, to the following:
B.
Borough Council.
(1)
When a preliminary plan has been officially submitted
to the Council by the Planning Commission, such plan shall be placed
on its agenda for review and action.
(2)
In acting on the preliminary subdivision or land development plan, the Council shall review the plan and the written comments of the Planning Commission, Borough 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 of this chapter and any other applicable ordinance. The Council may specify conditions, changes, modifications or additions to the application which the Council 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 B(5) below.
(3)
For the purposes of Section 508 of Act 247,[2] the Planning Commission is the body which first reviews
any application. All applications for preliminary approval of a plat
shall be acted upon by the Council 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, said
ninety-day period shall be measured from the 30th day following the
day the application is filed.
[2]
Editor's Note: See 53 P.S. § 10508.
(4)
The decision of the Council 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 Act 247, Section 508.[3]
[3]
Editor's Note: See 53 P.S. § 10508.
(5)
Whenever the approval of a preliminary plan is subject
to conditions, the written action of the Council as prescribed herein
shall:
A.
The final plan shall conform to the provisions and
terms of preliminary approval.
C.
Official submission of a final plan to the Code Enforcement
Officer shall consist of:
(1)
Four copies of the application for review of final
subdivision or land development plan on the form promulgated by the
Borough for this purpose.
(2)
A sufficient number of copies of the final plan, as
specified on the application form, and all supporting plans and information
to enable proper distribution and review, as required by the Council.
(3)
Payment of application fees and deposit of escrow
for plan review cost.
D.
Copies of the final plan and all required supplemental
data initially shall be submitted to the Code Enforcement Officer,
together with the required fees and escrow deposit established in
accordance with the terms of this chapter. The Code Enforcement Officer
shall note the date of receipt of the application, fees and escrow
deposit. 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. The Code Enforcement Officer shall
make a preliminary review of the application. If the Code Enforcement
Officer determines that the application is defective on its face,
he shall notify the applicant, who may request the return of all submissions
for the purpose of correction and resubmission. A request for the
return of all submissions shall be in writing and shall be deemed
to be a withdrawal of the application.
E.
Upon submission of a complete application, together
with all required fees and escrow deposits, the Code Enforcement Officer
shall accept the application, plans and other required materials and
shall transmit the requisite number of copies of the plans and other
required materials to the Planning Commission and the Borough Engineer.
In addition, copies shall be transmitted to such additional persons
or agencies as the Borough shall determine.
A.
Planning Commission.
(1)
The Planning Commission shall review the final plan
submitted and shall consider any recommendations of the Borough Engineer
and any other reviewing agency submitting comments, including the
County Planning Commission, pursuant to Section 502 of the Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10502
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the action of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
ordinances relied upon to:
B.
Borough Council.
(1)
When a written report on a final plan has been officially
returned to the Council by the Planning Commission, such plan shall
be placed on the agenda of the Council for review.
(2)
Upon receipt of the Planning Commission's recommendation
and other supporting information, the Council 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
Council 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 application is filed, provided that should the said next regular
meeting occur more than 30 days following the filing of the application,
said ninety-day period shall be measured from the 30th day following
the day the application was filed.
(3)
The decision of the Council 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 said ninety-day period, whichever shall first occur.
The form and content of the decision shall comply with applicable
requirements of Act 247, Section 508.[2]
[2]
Editor's Note: See 53 P.S. § 10508.
(4)
Copies of the final plan as finally approved, with
the appropriate endorsement of the Council and the Borough Engineer,
shall be distributed as follows:
C.
Every final plan approval shall be subject to these
further conditions:
(1)
The applicant shall execute a subdivision and land development agreement in accordance with § 256-19 hereof.
(3)
The applicant agrees, if requested, to tender a deed
of dedication to the Borough for such streets, any and all easements
for sanitary sewers, water lines, 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 complete and such completion
is certified as satisfactory by the Engineer. The Council may require
that the applicant supply a title insurance certificate from a reputable
company before any property is accepted by the Borough. The applicant
shall guarantee maintenance of all such facilities for a period of
one year and supply the Borough with a maintenance bond in an amount
equal to 15% of the construction costs.
[Amended 3-1-1995 by Ord. No. 95-3]
(4)
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 Borough or an organization acceptable
to the Borough and shall run to the benefit of the Borough and lot
purchasers in the subdivision or land development.
(5)
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 and Environmental Resources and the
Public Utility Commission.
(6)
Public hearings.
[Added 5-1-2002 by Ord. No. 2002-4]
(a)
Final plans are subject to a public hearing
by Borough Council under any one of the following conditions:
[1]
Any residential subdivision in excess of five
lots.
[2]
Any commercial or industrial subdivision in
excess of three lots.
[3]
Any industrial subdivision when adjacent to
a residential area.
[4]
Any commercial land development when land disturbance
is in excess of 15,000 square feet or additional impervious area is
in excess of 10,000 square feet or the land development is adjacent
to a residential area.
[5]
Any industrial land development when land disturbance
is in excess of 25,000 square feet or additional impervious areas
is in excess of 10,000 square feet or the land development is adjacent
to a residential area.
[6]
Any industrial land development when the proposed
use includes the use, manufacturing, treatment, processing, storage,
emission or residual waste of hazardous materials as defined in Pennsylvania
Code, Title 25, Environmental Protection.
(b)
The Borough shall send written notification
to all adjacent property owners of any subdivision or land development
application that does not require a hearing.
The applicant shall execute an agreement, to
be approved by the Borough, before the final plan is released by the
Council 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, streetlights, 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.
B.
The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Borough, as specified in § 256-20B of this chapter. The applicant guarantees the maintenance of all improvements for a period of one year.
C.
The applicant agrees to tender a deed or deeds of
dedication to the Borough 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 Borough shall not accept dedication
of such improvements until their completion is certified as satisfactory
to the Engineer.
D.
Whenever an applicant proposes to establish or continue
a street which is not offered for dedication to public use, the Council
shall require the applicant to submit and also to record with the
plan a copy of an agreement made with the Council on behalf of himself
and his heirs and assigns and signed by him and which shall establish
the conditions 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 Borough shall not be responsible for repairing
or maintaining any undedicated street.
(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 is sought, the street shall conform
to Borough specifications or that the owners of the abutting lots
shall, at their own expense, restore the street to conformance with
Borough specifications.
A.
The applicant shall deposit with the Borough financial security in an amount sufficient to cover the cost of all improvements, including but not limited to, streets, walkways, curbs, gutters, streetlights, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in Subsection F hereof, water mains and other water supply facilities.
B.
Financial security required herein shall be in the
form of a federal or commonwealth chartered lending institution, a
restrictive or escrow account in such institution or such other type
of financial security which the Borough may, in its reasonable discretion,
approve. The bonding company may be chosen by the party posting the
financial security, provided that said bonding company or lending
institution is authorized to conduct business within the commonwealth
and stipulates that it will submit to Pennsylvania jurisdiction and
Chester County venue in the event of a legal action.
C.
Said financial security shall provide for and secure
to the public the completion of all subdivision improvements for which
such security is being posted, within one year of the date fixed in
the subdivision plan and subdivision agreement for completion of such
improvements.
D.
The amount of financial security shall be equal to
110% of the cost of the required improvements for which financial
security is to be posted. The cost of the improvements shall be established
by submission to the Council of a bona fide bid or bids from the contractor
or contractors chosen by the party posting the financial security
to complete the improvements, or, in the absence of such bona fide
bids, the costs shall be established by estimate and approved by the
Borough Engineer. If the party posting the financial security requires
more than one year from the date of posting of the financial security
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 or 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 bidding procedure.
E.
In the case where development is projected over a
period of years, the Council 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 Section 508(4) of Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
F.
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 Borough, financial security to assure 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.
G.
As the work of installing the required improvements proceeds, the party posting the financial security may request the Council 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 and shall be addressed to the Council. The Council shall, within 10 days of such request, authorize the Engineer to review such improvements. The Engineer shall notify the applicant of his findings within 30 days of said authorization. Upon certification by the Engineer, the Council shall authorize release by the lending institution of an amount, as estimated by the Engineer, fairly representing the value of the improvements completed. The Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Council his independent evaluation of the proper amount of partial release. The Council may, prior to final release, require retention of 10% of the estimated cost of the aforesaid improvements as per § 256-59D of this chapter.
Within 90 days of approval by Borough Council,
the final plan shall be recorded by the applicant in the office of
the Recorder of Deeds of Chester County.
A.
No construction or land 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 Code Enforcement Officer a copy of the Recorder of Deeds' receipt
for recording of the final plan.
B.
No application for a building permit under the Borough Zoning Ordinance shall be submitted and no building permit under Chapter 287, Zoning, 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 said subdivision or land development have been approved and recorded as provided for and until the terms of Subsection A hereof have been 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.
C.
No water system or sewer system, including extensions
to existing or proposed Borough systems or new systems employing sewage
treatment plants, shall be constructed prior to the issuance of appropriate
permits from the Pennsylvania Department of Environmental Resources,
or from other federal or local agencies, as required.
The continuing validity of any approval of plans
in accordance with this article shall be subject to those limitations
established by Section 508(4) of Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
Major modifications of the approved plan, as
determined by the Borough, shall be resubmitted and reprocessed in
the same manner as the original plan. All site disturbance activities
shall cease, pending approval of modified plans.
