A.
In order to provide for the orderly receipt and processing
of plans, the office of Township Planning Administrator shall be established
in the Township. Among the duties of the Township Planning Administrator
shall be:
(1)
To prepare detailed rules and regulations for the
administration of procedures for receipt, review and approval of subdivision
and land development plans. Such rules and regulations shall be approved
by the Planning Commission.
(2)
To administer such rules and regulations and the provisions
of this chapter insofar as is necessary to ensure the orderly processing
of plans, collection of review information and comments and submission
of such information to the Planning Commission and Board for their
action.
(3)
To be available by appointment at reasonable hours
when applicants may obtain applications, written information on procedures
and related ordinances and may file applications and pay fees for
the consideration of subdivision and land development plans.
(4)
To maintain files of the necessary forms, information
and ordinances for distribution and/or sale to applicants.
(5)
To receive applications and subdivision and land development
plans and fees, issue receipts and deposit fees with the Township
Treasurer.
B.
The Township Planning Administrator shall be appointed
annually and shall be compensated at a rate to be established by the
Board. The funds for such compensation shall be derived from fees
paid by applicants for consideration of subdivision and land development
plans.
A.
The Board shall prescribe and make available to applicants
a form upon which all applications for approval of subdivision and
land development plans shall be made.
B.
Subdivision and land development application fees
shall be fixed by the Board of Supervisors by resolution. In addition
to such fees, all disbursements by the Township to professional consultants
incident to plan review, approval and inspection of construction,
including but not necessarily limited to costs of material or site
testing and any maintenance costs prior to acceptance of improvements
by the Township, shall be reimbursed to the Township by the applicant
on the basis of a profession consultant fee schedule established by
resolution of this Board.
[Amended 2-8-2005 by Ord. No. 3-2005]
C.
All such reimbursement for costs expended prior to
the establishment of the applicant's performance guaranty shall be
made prior to the issuance of any permits. All such reimbursements
for costs expended during construction shall be made out of escrow
funds established as the performance guaranty on a monthly basis.
D.
The Township Planning Administrator shall determine the completeness of any application in accordance with § 95-8A(7) of this chapter and shall note the date of filing on the application.
E.
Road improvement contributions; highway improvement
fund.
(1)
There shall also be paid to the Township by each entity
that receives approval of an application for residential or industrial
subdivision under the Township Subdivision and Land Development Ordinance,
including additions or improvements to existing buildings, a sum to
be used as a contribution towards the cost of road improvements throughout
East Bradford Township.
(a)
Said contributions shall be calculated on the
basis of the total floor area of all floors, including storage areas,
for any new commercial and industrial building or any existing building
for which additions or renovations are to be completed. A flat fee
contribution will be paid for the construction of all new residential
dwelling units. Said contribution shall be calculated as follows:
[1]
For all residential subdivisions and land developments,
$500 per dwelling unit.
[2]
For commercial subdivisions and land development
involving retail sales, $500 for every parking space for the first
100 parking spaces and thereafter $100 for every parking space.
[3]
For commercial and industrial subdivisions and
land developments not involving retail sales, $250 for every parking
space for the first 100 parking spaces and thereafter $50 for every
parking space.
(b)
All contributions due under this section shall
be paid prior to the issuance of any building permit for the property
or premises subject to this section.
(2)
There is hereby established a highway improvement
fund which shall be under the exclusive control of the Board of Supervisors
to which such contributions shall be deposited and, thereafter, from
which disbursement shall be made to satisfy the costs of necessary
improvements. Disbursements can be either for full funding of improvements
or for local matching of federal, state or other funding sources.
It is the intention of the Board in enacting
these procedures to provide the applicant with a timely and comprehensive
review of plans submitted for subdivision and/or land development.
To this end, the following classifications of plans are established
as hereinafter provided:
A.
Rules and regulations governing the submission and
review of sketch, preliminary and final subdivision and land development
plans shall be promulgated by the Township Planning Administrator.
In addition to the detailed requirements deemed to be necessary for
the proper processing of subdivision and land development plans, the
rules shall contain the following minimum provisions:
(1)
The filing of a sketch plan is strongly encouraged
to allow for identification of issues and solutions to problems associated
with the proposed subdivision or land development. Prior to incurring
significant costs by the applicant, such submittal shall be considered
a convenience to the applicant and the Township. As such, no application
shall be required for filing a sketch plan, and the filing shall not
be considered a formal application under the terms of the Act. Applicants
shall have the right to proceed directly to preliminary plans without
the filing of a sketch plan in accordance with the provisions hereinafter
and file the same subject to the limitations imposed by the Act.
(2)
Except as provided below, all applications shall be
submitted in accordance with the procedures provided herein and as
promulgated by the Township Planning Administrator. Applications shall
consist first of the submission of a preliminary plan and, upon approval
of said preliminary plan by the Board, either with or without conditions,
the submission of a final plan prepared in accordance with this chapter.
(a)
The following subdivision and land development
plans are exempt from the preliminary plan process and may be submitted
directly as final plans subject to the completion of said final plans
in compliance with all of the relevant requirements governing the
preparation of preliminary and final plans:
[Added 10-12-1999 by Ord. No. 3-1999]
[1]
Land developments that involve a single, nonresidential
structure of less than 2,000 square feet of floor area on a previously
approved and recorded lot.
[2]
The provision of a second building (not counting
accessory structures) of less than 2,000 square feet of floor area
on a parcel which currently contains a single principal building.
[3]
The addition to an existing nonresidential structure
having an area which is the equivalent of not more than 10% of the
existing gross floor area or 1,000 square feet, whichever is less.
[4]
The development of a single parcel which involves
a single structure containing not more than two units of occupancy.
[5]
A subdivision of three lots or less, provided
that no public improvements are necessary as part of the subdivision
and none of the resulting lots would be of a size that could be further
subdivided.
[6]
A plan which proposes to alter the location
of lot lines between existing residential lots, provided that the
number of residential units that could be constructed on either lot
would not be increased by the alteration.[1]
[1]
Editor’s Note: Former Subsection A(2)(a)[7],
concerning development plans that have been subject to review and
approval as a conditional use, which immediately followed this subsection,
was repealed 11-8-2005 by Ord. No. 9-2005.
(b)
The Township Supervisors may require a preliminary
plan for the subdivisions or land developments otherwise exempted
above if they determine that the plans could cause significant harm
to the environment and the health, safety and welfare of the citizens
of East Bradford Township.
(3)
Sufficient copies of all subdivision and land development
plans shall be submitted to the Township Planning Administrator to
permit the submission of such plans to the Chester County Planning
Commission, the East Bradford Township Planning Commission, the Chester
County Health Department as hereinafter provided, the Chester County
Conservation District and other agencies or officers required by law
and, upon approval, the East Bradford Zoning Officer, in addition
to the retention of copies for the Township Planning Administrator's
file.
(4)
At the time a preliminary subdivision or land development
application and plan is filed with the Township, the applicant shall
notify all adjoining landowners (deemed to be those contiguous or
separated by a street) thereof in writing. The notice shall state
the nature of the application and inform the adjoining landowners
of the next regularly scheduled meeting of the Commission when the
application will be considered. The notice shall be sent by first
class mail or hand delivered to the owners based upon information
on file at the Chester County Tax Assessment Office, West Chester,
Pennsylvania. Proof of notice shall be submitted at the meeting of
the Commission at which the preliminary subdivision or land development
plan is considered. Submission of this notice shall become a part
of the application submitted by the applicant and failure to submit
same may result in rejection of the application by the Township.
(5)
The Pennsylvania Department of Environmental Protection
regulations require that East Bradford Township, in its review of
an application for subdivision or development of land, make a determination
if the proposed subdivision or land development adequately meets the
sewage disposal needs of the Township as reflected in its Official
Plan of Sewerage Facilities and that East Bradford Township revise
or supplement the Official Plan accordingly. In order that the Township
may properly carry out these directives, it is necessary for the applicant
to prepare and submit to the Township, on planning modules for land
development provided by the Pennsylvania Department of Environmental
Protection, information with regard to the means of sewage disposal
and provision of water supply and, if on-site facilities are contemplated,
certain test pit and percolation test information. This submission
may be with the filing of the sketch plan, but in no case shall submission
be later than concurrently with the filing of preliminary plans. In
preparing rules and regulations, the Township Planning Administrator
shall include procedures governing the submission and review of planning
modules for land development as required. In the event that the Official
Plan of Sewerage Facilities is revised according to the procedures
of the Pennsylvania Department of Environmental Protection, a copy
of the revision to this plan shall be filed with the Township Engineer,
who shall maintain a file of the plan and its subsequent revisions.
(6)
Review by Planning Commission.
(a)
The rules and regulations shall contain a provision
that all subdivision plans shall be reviewed and commented upon by
the East Bradford Township Planning Commission prior to action by
the Board of Supervisors. The Planning Commission's opinion shall
be submitted to the Board in writing.
(b)
The Board or the Planning Commission may require
that subdivisions be submitted to the Township Engineer, if circumstances
warrant.
(c)
The Planning Commission, in its review, shall,
in addition to any other information it deems relevant, consider the
comments of the Chester County Planning Commission, Chester County
Conservation District, Chester County Health Department and Township
Engineer and other agencies where applicable. The Township Planning
Commission may also solicit reviews and reports from adjacent municipalities
and other governmental agencies affected by the plan.
(7)
No preliminary or final subdivision application shall
be considered complete without a filing of the necessary application
form and payment of the required fee. In addition, no application
shall be considered complete until the Township Planning Administrator
has reviewed the plans with regard to content and determined that
the plans meet the requirements of this chapter.
(8)
Decision by Board.
(a)
The Board shall not approve an application until
the Chester County Planning Commission has responded to the Township's
request for its comments or until 30 days have been allowed for such
a response in accordance with the provision of the Act. In every case,
however, the Board shall render a decision of all 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
when the application is filed, provided that, should said next 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
date the application has been filed.
(b)
The decision of the Board shall be in writing
and shall be communicated to the applicant personally and mailed to
him at his last known address not later than 15 days following the
decision or the end of said ninety-day period, whichever shall first
occur. The form and content of the decision shall comply with the
applicable requirements of the Act.
(c)
Whenever the approval of a preliminary or final plan is subject to conditions, including those set forth in § 95-8C, the written action of the Board as prescribed herein shall specify each condition of approval and shall require the written approval of the applicant to the condition. If such written approval of the conditions is not received by the Board within the time period in which the Board must act upon the application, as specified in Section 508[2] of the Act, the plan shall be deemed to have been denied
by the Board.
[2]
Editor's Note: See 53 P.S. § 10508.
(d)
No extension of these time limits shall be effective
unless agreed to, in writing, by the applicant.
B.
Upon completion of necessary reviews of final plans
for subdivision or land development, the applicant shall submit to
the Township Planning Administrator clear copies of all plans and
profiles for formal approval by the Board. Four complete copies of
the plans which are submitted for approval shall be supplied to the
Board, and four additional copies shall be reserved for recording
by the applicant. The applicant shall present as many additional copies
of final plans as are required for his purposes, including one copy
which shall be available for examination and reference at the site
during construction of public improvements.
C.
Every final approval of a plan shall be subject to
the following conditions:
(1)
That the landowner shall agree, in writing, in a form
to be approved or prepared by the Solicitor of the Township, that
he will lay out the roads, streets, lanes and/or easements and construct,
or cause to be constructed, all of the improvements in accordance
with the approved final plans.
(2)
The landowner shall assure the Township, by signing
an agreement prepared by the Township and by depositing with the Township
financial security in an amount sufficient to cover 110% of the cost
of completion of any improvements or common amenities (which shall
include but not be limited to roads, stormwater detention and/or retention
basins and other related drainage facilities, recreational facilities,
open space improvements or buffer or screen plantings, etc., including
the construction, installation and performance of the control measures
as set forth in the soil erosion and sedimentation control provisions
and the maintenance of all of the same, whether or not the above are
dedicated to the Township) which may be required and inspection costs
as determined from the final plan, said costs to be determined by
the Board, that such improvements shall subsequently be installed
by the applicant according to the final plan and Township's specifications.
The amount of such cost shall be that estimated as of 90 days following
the date scheduled for completion of the improvements by the developer.
The Township may adjust annually the amount of the financial security
by comparing the actual cost of the improvements which have been completed
and the estimated costs for the completion of the remaining improvements
as of the expiration of the 90th day after either the original date
scheduled for completion or a rescheduled date of completion. Subsequent
to said adjustment, the Township may require the developer to post
additional security in order to assure that the financial security
equals said 110% of the cost of completion. Any additional security
shall be posted by the developer in accordance with the terms of this
chapter.
(a)
Without limitation as to other types of financial
security which the Township may approve, federal- or commonwealth-chartered
lending institution irrevocable letters of credit and restrictive
or escrow accounts in such lending institutions shall be deemed acceptable
financial security for the purposes of this chapter. Such financial
security shall be posted with a bonding company or federal- or commonwealth-chartered
lending institution chosen by the landowner, provided that said bonding
company or lending institution is authorized to conduct such business
within the commonwealth. The bond or other security shall provide
for and secure to the public the completion of any improvements which
may be required 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 Township 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 amount of financial security
based upon the estimate, then the estimate and amount of security
shall be determined as provided by Section 509(g)[3] of the Act. 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 automatically increased to the higher of the following:
[1]
By 10% for each one-year period beyond the first
anniversary date from the posting of financial security; or
[2]
To an amount not exceeding 110% of the cost
of completing the required improvements as reestablished on or about
the expiration of the one-year period by using the above procedure.
[3]
Editor's Note: See 53 P.S. § 10509(g).
(b)
If the development is projected over a period
of years, the Board may authorize submission of final plans by sections
or stages of development subject to such requirements or guaranties
as to improvements in future sections or stages of development as
it finds essential for the protection of any finally approved of the
development.
(c)
If the financial security is not automatically
increased by the party posting the financial security, as required
at the end of each one-year period, the landowner shall be in default
of these provisions and its agreement with the Township, and the Township
may revoke all building permits and refuse to grant new building permits
or occupancy permits until the proper security is posted.
(3)
The landowner shall agree to tender a deed of dedication
to the Township for such streets, any and all easements for sanitary
sewers, waterlines 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 will
require that the applicant supply a title insurance certificate from
a reputable company before any property is accepted for the Township.
(4)
Whenever the applicant is providing a fee in lieu of otherwise required open space, a note shall be placed on the plan specifying the amount of the fee and the method to be used to secure and pay that amount, consistent with the terms of § 95-34.1E of this chapter.
(5)
Landowners/developers shall be required to execute
and record in the chain of title for the property shown on the final
subdivision and/or land development plan a landscape maintenance agreement
which shall be in a form and substance acceptable to the Township.
[Added 9-9-2008 by Ord. No. 2-2008]
(6)
Landowners/developers shall be required to execute
and record in the chain of title for the property shown on the final
subdivision and/or land development plan a stormwater management agreement
which shall be in a form and substance acceptable to the Township.
[Added 9-9-2008 by Ord. No. 2-2008]
D.
Whenever the approval of a preliminary or final plan is subject to conditions, including those set forth in § 95-8C, the written action of the Board, as prescribed in § 95-8A(8), shall specify each condition of approval and require the applicant's written agreement to the conditions. The applicant's written agreement conditions shall be received at the Township Building prior to the date on which the Board is required to make a decision on the application, as required by 508 of the Act. Failure of the applicant to deliver such written agreement shall result in a denial of the plan, as provided in § 95-8A(8)(c) above.
E.
After final approval of the subdivision and/or land
development plan, the plan shall be recorded in the office of the
Recorder of Deeds of Chester County within 90 days according to procedures
established by the Planning Administrator. Two copies of the receipt
from the Recorder of Deeds' office, signifying that the final approved
plan has been recorded, shall be returned to the Township Planning
Administrator within 15 days after recording. No such plan shall be
accepted for recording by the Recorder of Deeds without official notification
of approval by the Board of Supervisors and of review by the Chester
County Planning Commission. The Township Planning Administrator shall
affix one copy of the receipt to his file copy of the approved plan
and shall immediately forward the second copy to the Zoning Officer.
No water system or sewer system, including extensions
to existing or proposed Township 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 (DEP) or from federal or local agencies as required and
filing a copy of the same with the Board. Where a National Pollution
Discharge Elimination System (NPDES) permit is required, no grading
of land shall commence until such permit is issued and a copy of said
permit is filed with the Board.
A.
No application for a building permit under the East
Bradford Township Zoning Ordinance[1] shall be submitted and no building permit under the East
Bradford Township Zoning Ordinance shall be issued for any building
in any subdivision or land development and no building shall be erected
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
as provided for and, where required, recorded and the Zoning Officer
has been notified of the approval. Notification to the Zoning Officer
shall be in the form of a copy of the approved plan for his files
and, where recording of the plan is required, the affixing of a copy
of the Recorder of Deeds' receipt to the approved plan.
B.
No building permits shall be issued nor any site work
begun with regard to any areas of the proposed development where the
work proposed is actually within the area requiring wetland approvals
or permits or where work other than in wetlands on the site affects
wetlands so that approvals and/or permits therefor must be issued
until the applicant has filed copies of the required permits or approvals
with the Township Zoning Officer.
