Township of West Goshen, PA Procedure

All preliminary and final subdivision and land development plans shall be reviewed and shall be either approved or disapproved by the Planning Commission and Supervisors, as applicable, in accordance with the procedure specified in this article. Any incomplete application received for filing shall not be accepted but shall be returned to the parties submitting the application within a reasonable time, together with an explanation of the items of incompleteness. The time within which the Township must review a plan, render a decision and communicate it to any applicant, as specified in this chapter, shall not commence to run until such time as a complete application is submitted and accepted by the Township for filing.

§ 72-10 Voluntary sketch plan.

A sketch plan for any subdivision or land development may, at the developer's option, be submitted to the Planning Commission for review. A sketch plan is not required to be filed, and submission of a sketch plan does not constitute a formal submission of an application for approval of a subdivision or a land development. The sketch plan procedure is provided to afford the developer the opportunity to submit information for review and informal discussion with the Planning Commission before engaging in the detailed engineering design required for the preparation of a preliminary plan.

The submission of a sketch plan shall not preclude the developer from proceeding with preliminary or final subdivision or land development applications, and the failure of the Planning Commission to act on any sketch plan shall not result in a deemed approval thereof.

§ 72-11 Sketch plan procedure.

For informational purposes, three copies of the sketch plan may be submitted to the Township Secretary for distribution to the Township Engineer and Planning Commission.

[Amended 3-10-2004 by Ord. No. 3-2004]

When submitted, the sketch plan shall show the following:

(1)

A location map which highlights the location of the tract within the Township and depicts adjoining and nearby roads.

(2)

Tract boundaries, with dimensions and names of abutting owners.

(3)

North arrow, scale and date.

(4)

Streets on and adjacent to or near the tract, properly named or identified.

(5)

Natural features of the site related to existing topography, soils, vegetation and watercourses, including such features as steep slopes, very steep slopes, flood hazard areas, flood-fringe areas and other critical environmental areas.

(6)

Man-made features of the site, including existing buildings and major structures.

(7)

The proposed general street and lot layout.

(8)

In the case of a land development plan, the proposed location of all buildings and major structures, parking areas and other construction and/or improvements.

(9)

Proposed method(s) of water supply and sanitary sewage disposal.

The Planning Commission will endeavor to review submitted sketch Plans on the next convenient date available to the Planning Commission at a public work session, and the applicant will be notified. No time limitation is imposed upon the Planning Commission in its review of a sketch plan nor shall any formal procedure or time constraints be construed to apply to any such review. The Planning Commission may but shall not be required to make written comments to the developer about any sketch plan, or it may report its comments orally at a public work session.

§ 72-12 Submission of preliminary plan.

A preliminary plan and profile plan for the subdivision or land development prepared in accordance with the requirements set forth hereinafter in this chapter shall be filed with the Township Secretary during normal business hours. The Township Secretary or his designee shall review each plan submitted for filing to ensure that the application is complete as required by this section. Incomplete items shall be noted on the face of the application or in a separate writing, and the application, together with all plans and accompanying documents, including the filing fees, shall be returned within a reasonable time to the applicant.

Official submission of a preliminary plan shall consist of:

[Amended 12-8-1999 by Ord. No. 6-1999[1], 11-12-2003 by Ord. No. 12-2003]

(1)

Four copies of the application for preliminary plan review.

(2)

Eight copies of the preliminary plan.

[Amended 3-10-2004 by Ord. No. 3-2004]

(3)

A digital copy of the complete plan set of drawings in either a .DXF or .DWG format. The digital plans shall be submitted on a compact disc (CD) and shall not be compressed or zipped. The submission shall not include externally referenced drawings (X-refs) and shall have all redundant and unnecessary data purged. All raster images shall be in a drawing file format. The digital submission shall be prepared to meet commonly accepted CAD and engineering standards for layers, but shall, as a minimum, include the following standard layer names and colors. If the following minimum standard layer names are not native to the original drawing, then a layer translation to the standard layer names and colors noted below shall be performed before submission. The (______) in the layer name is the Township development application number. Applicants shall contact the Township for this number prior to submission and include this in their layer identification name.

Lot Lines:
	—	Lot lines in (_____) - RP - Lot Lines: #3 Green
	—	Lot line text in (_____) - RP - Text: #2 Yellow
Right of Way:
	—	Right-of-way lines in (_____) - RP - ROW: #3 Green
	—	Right-of-way lines text in (_____) - RP - Text: #2 Yellow
Street Center Lines:
	—	Street center lines in (_____) - RP - CL segmented to intersections: #1 Red
	—	Street center lines text in (______ - RP - CL - Text: #2 Yellow
Public easements:
	—	Water easements in (_____) - PE - WEASE: #2 Yellow
	—	Sewer easements in (_____) - PE - SEASE: #2 Yellow
	—	Storm sewer easements in (_____) - PE - SSEASE: #2 Yellow
	—	Access in (_____) - PE - ACCESS: #2 Yellow
	—	Easement text in (_____) - PE - TEXT: #2 Yellow
Private or deed-restricted easements:
	—	Water easements in (_____) - RE - WEASE: #2 Yellow
	—	Sewer easements in (_____) - RE - SEASE: #2 Yellow
	—	Storm sewer easements in (_____) - RE - SSEASE: #2 Yellow
	—	Access in (____) - RE - ACCESS: #2 Yellow
	—	Easement text in (_____) - RE - TEXT: #2 Yellow
Topography:
	—	Existing in (_____) - T - EXIST: #8 Grey
	—	Proposed in (_____) - T- PROP: #4 Cyan
	—	Benchmark and datum (see datum and monumentation (_____) - TT - BANDD: #5 Blue
	—	Topography text in (_____) - TT - TEXT: #2 Yellow
Monumentation:
	—	Existing in (_____) - M - EXIST: #5 Blue
	—	Proposed in (_____) - M - PROP: #5 Blue
	—	Existing features in (_____) - EX - FEAT: #8 Grey
	—	Monumentation text in (_____) - EX - TEXT: #2 Yellow
Environmental features (where specifically required by ordinance):
	—	Floodplain:
	—	FEMA in (_____) - EF-FP - FEMA: #2 Yellow
	—	Calculated in (_____) - EF-FP - CACL: #1 Red
	—	Wetlands in (_____) - EF - WETLANDS: #4 Cyan
	—	Alluvial soils in (_____) - EF - ASOILS: #5 Blue
	—	Steep slopes in (_____) - EF - SSLOPES: #9 Grey
	—	Environmental features text in (_____) - EF - TEXT: #2 Yellow
Utilities:
	—	Sanitary sewer in (_____) - U - SAN: #3 Green
	—	On-lot sanitary in (_____) - U - ONLOT-SAN: #1 Red
	—	Water (public) in (_____) - U - PWATER: #2 Yellow
	—	On-lot well in (_____) U - WELL: #1 Red
	—	Gas in (____) - U - GAS: #1 Red
	—	Electric in (_____) - U - ELEC: #2 Yellow
	—	Telephone in (_____) - U - TELE: #1 Red
	—	Utilities text in (_____) - U - TEXT: #2 Yellow
Stormwater:
	—	Stormwater facilities in (_____) - S - SWF: #3 Green
	—	Stormwater text in (_____) - S - TEXT: #2 Yellow

(4)

Four completed copies of the planning modules for land development.

(5)

Four copies of any other document, report or other supplementary data and plans required by any provision of this chapter.

(6)

The filing fees established by resolution of the Supervisors for the filing of the plan and to reimburse the Township for charges incurred by it in the payment of its professional consultants and engineer in reviewing and/or issuing reports with respect to the plan submission.

[1]

Editor's Note: This local law also provided that Subsection B(3), (4) and (5) be renumbered as B(4), (5) and (6), respectively.

Upon receipt of a completed application in accordance with the preceding subsection, the Township Secretary shall forward complete copies of the application for review, the plan and all supplementary documents to the Township Engineer and the Township Planning Commission and such parts of the application to other governmental agencies having jurisdiction, as required. The number of copies for distribution shall be as administratively determined by the Township Secretary from time to time. One complete copy of the application and plans submitted shall be retained for the Township master file.

§ 72-13 Preliminary plan review.

Township Engineer. The Township Engineer's review shall include an examination of the content of the plans to verify that all information required by this chapter is presented in the plan submitted; an investigation of the plan to verify compliance with this and all other applicable Township ordinances; an examination of the engineering feasibility of the scheme of development in compliance with this chapter and all other applicable ordinances of the Township; and such other review as he shall decide is relevant and material. The Township Engineer may confer with the developer or the developer's engineer in his review and analysis of the plan and shall forward his written comments on the plan to the Planning Commission within a reasonable time.

Township Planning Commission review and decision procedures.

[Amended 12-8-1999 by Ord. No. 6-1999; 5-9-2001 by Ord. No. 7-2001; 8-24-2005 by Ord. No. 9-2005]

(1)

Upon receipt of the Township Engineer's comments, the Planning Commission shall, at a public meeting, examine the plan to determine compliance with this chapter, the Zoning Ordinance[1] and all other applicable Township ordinances and regulations. When available, the written comments of the Chester County Planning Commission and any other public agency shall be considered, and the developer, his engineers and consultants may appear at a designated Planning Commission public meeting at which the application is scheduled for discussion to review and discuss the plan. Before acting on a preliminary subdivision or land development plan, the Planning Commission may hold a public hearing thereon.

[1]

Editor's Note: See Ch. 84, Zoning.

(2)

If, during the course of the Planning Commission's review of the preliminary plan, and prior to final action by the Planning Commission, the plan is revised by the applicant, such revision shall be made on four copies of the plan and on the electronic submission required by § 72-12B(3), each of which shall note the date or dates of any such revisions. No revised plan shall be accepted for filing or review unless it is preceded or accompanied by a timely written extension, signed by the applicant, extending the period within which the Township must render and communicate a decision upon the initially filed plan then pending for an additional 90 days calculated in accordance with Subsection B(3). No additional filing fee shall be required for a revised plan following this procedure. Revised plans shall be submitted to the Township Secretary and shall be distributed by the Township Secretary in accordance with § 72-12C.

Board of Supervisors review and decision procedures.

[Added 8-24-2005 by Ord. No. 9-2005]

(1)

The Board of Supervisors shall render a decision 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 or after a final order of court remanding an application, provided that should said next regular meeting occur more than 30 days following the filing of the application of the final order of court, said ninety-day period shall be measured from the 30th day following the day the application has been filed. The Board of Supervisors may specify conditions, changes, modifications or additions to a plan and may make its decision to grant preliminary approval subject to such reasonable conditions as the Board shall determine are appropriate.

(2)

The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him at the address appearing in his application not later than 15 days following the Board of Supervisors' decision.

(3)

When the application is not approved in terms as filed, the Board of Supervisors' decision shall specify the defects found in the application and plans and shall describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.

(4)

In the event that the Board of Supervisors approves a preliminary plan subject to conditions, the applicant shall notify the Board of Supervisors, in writing, within 30 days of the date of the Board's decision, of his acceptance of all the conditions. Upon such acceptance, the conditional preliminary plan approval shall become an approved preliminary plan subject to the accepted conditions as of the date of the Board of Supervisors' conditional preliminary plan approval. Should the applicant not notify the Board of Supervisors within said thirty-day period of his acceptance of all of the conditions, the Board of Supervisors' decision shall be deemed to be a rejection which shall constitute a final rejection of the preliminary plan as of the date of the initial conditional approval decision. The developer's notification shall be timely and physically received by the Township within the required thirty-day period or, if mailed within said thirty-day period when accompanied by a proof of mailing within said period by submission to the Township of present Post Office Form 3817, Certificate of Mailing, which shows the date, the name of the sender, the name of the Township as addressee and the development's name.

(5)

Approval of the preliminary subdivision or land development plan shall not authorize the sale or the advertisement of lots for sale, the lease of land, buildings or portions of buildings or the subdivision or development of land.

§ 72-14 Submission of final plan.

Within one year after the Board of Supervisors' approval of the preliminary plan, a final plan for the subdivision or land development prepared in accordance with the requirements of this chapter shall be filed with the Township Secretary. An extension of time may, at the Supervisors' discretion, be granted for cause shown upon request of the developer. The Township Secretary or his designee shall review each plan submitted for filing to ensure that the application is complete as required by Subsection B. Incomplete items shall be noted on the face of the application or in a separate writing, and the application, together with all plans and accompanying documents, including the filing fees, shall be returned within a reasonable time to the applicant.

[Amended 8-24-2005 by Ord. No. 9-2005]

Official submission of a final plan shall consist of:

[Amended 12-8-1999 by Ord. No. 6-1999[1] ; 11-12-2003 by Ord. No. 12-2003]

(1)

Four copies of the application for final plan review.

(2)

Eight copies of the final plan.

[Amended 3-10-2004 by Ord. No. 3-2004]

(3)

A digital copy of the complete plan set of drawings in either a .DXF or .DWG format that is prepared in accordance with § 72-12.B(3) of this chapter.

(4)

Four copies of any other document, report or other supplementary data and plans required by any provision of this chapter.

(5)

The approval, issued by the Pennsylvania Department of Environmental Protection, of the supplement of the revision of the Township's sewage facilities plan; the water quality management permit issued by that Department; and the approval of the Soil Conservation Service and/or the permit issued by the Department of Environmental Protection as appropriate for sedimentation and erosion control, as applicable.

(6)

The filing fees established by resolution of the Supervisors for the filing of the plan and to reimburse the Township for charges incurred by it in the payment of its professional consultants and Engineer in reviewing and/or issuing reports with respect to the plan submission.

[1]

Editor's Note: This local law also provided that Subsection B(3), (4) and (5) be renumbered as B(4), (5) and (6), respectively.

Upon receipt of a completed application in accordance with the preceding subsection, the Township Secretary shall forward complete copies of the application for review, the plan and all supplementary documents to the Township Engineer and the Township Planning Commission and such parts of the application to the other governmental agencies having jurisdiction, as required. The number of copies for distribution shall be as administratively determined by the Township Secretary from time to time. One complete copy of the application and plans submitted shall be retained for the Township master file.

The Planning Commission may recommend and the Supervisors may permit approval of a final plan in sections or phases, each covering a reasonable portion of the entire proposed development as shown on the approved preliminary plan, provided that the first final plan section is submitted for review and approval within the time required by Subsection A and the last final plan section is submitted for review and approval within three years of the preliminary plan approval. In any such case, in addition to requiring the posting of financial security to guarantee installation of improvements in the phase or section for which approval is then sought, if the Supervisors, in the exercise of their discretion, determine the same to be necessary, they may require the posting of financial security and the construction, installation and completion of all or a part of the required public improvements shown on the preliminary plan even though those improvements are physically to be located in a section or phase for which final approval is not then being sought. This subsection shall be sufficient authority for the Supervisors to make that determination and impose it as a condition of approval of any section or phase of any final plan.

§ 72-15 Review of final plan.

Township Engineer. The Township Engineer's review shall include an examination of the content of the plans to verify that all information required by this chapter is presented in the plan submitted; an investigation of the plan to verify compliance with this chapter and all other applicable Township ordinances and that the plan conforms to the preliminary plan approval; and examination of the engineering feasibility of the final designs for compliance with this and all other applicable Township ordinances; and such other review as he shall determine to be relevant and material. The Township Engineer may confer with the developer or the developer's engineer in his review and analysis of the plan and shall forward his written comments on the plan to the Planning Commission within a reasonable time.

Township Planning Commission.

(1)

Upon receipt of the Township Engineer's comments, the Planning Commission shall, at a public meeting, examine the plan to determine compliance with this chapter, the Zoning Ordinance[1] and all other applicable Township ordinances and regulations. When available, the written comments of the Chester County Planning Commission and any other public agency shall be considered; and the developer, his engineers and consultants may appear at a designated Planning Commission public meeting at which the application is scheduled for discussion to review and discuss the plan. The Planning Commission shall submit a written report to the Supervisors, together with the Township Engineer's review, and shall recommend either approval or disapproval of the plan or approval of the plan subject to recommended conditions.

[1]

Editor's Note: See Ch. 84, Zoning.

(2)

If, during the course of the Planning Commission's review of the preliminary plan, and prior to final action by the Planning Commission, the plan is revised by the applicant, such revision shall be made on four copies of the plan and on the electronic submission required by § 72-12B(3), each of which shall note the date or dates of any such revisions. No revised plan shall be accepted for filing or review unless it is preceded or accompanied by a timely written extension, signed by the applicant, extending the period within which the Township must render and communicate a decision upon the initially filed plan then pending for an additional 90 days calculated in accordance with Subsection C(3). No additional filing fee shall be required for a revised plan following this procedure. Revised plans shall be submitted to the Township Secretary and shall be distributed by the Township Secretary in accordance with § 72-14C.

[Amended 12-8-1999 by Ord. No. 6-1999]

(3)

Upon the Planning Commission's recommendation of approval of the final plan, the applicant shall submit to the Township an estimate of the costs of completion of the required improvements for the purpose of determining the amount of financial security required to guarantee their installation and completion. The applicant shall not be required to provide financial security for the cost of any improvements for which financial security is required and provided to the Commonwealth of Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law."[2] The estimate shall be prepared by a professional Pennsylvania licensed engineer and shall be certified by such engineer to be the fair and reasonable estimate of such costs. The costs estimate so submitted shall be reviewed by the Township Engineer for accuracy and completeness and he shall, within a reasonable time, recommend to the Township acceptance or rejection of the estimate. The Supervisors may refuse to accept such estimate for good cause shown. In the event that the applicant and the Supervisors are unable to agree upon an estimate, the estimate shall be recalculated and recertified by an independent Pennsylvania licensed professional engineer chosen mutually by the Board and the applicant. The estimate certified by such engineer shall be presumed fair and reasonable and shall be the final estimate. The fee for the services of said engineer shall be paid equally and promptly by the Township and the applicant.

[Amended 5-9-2001 by Ord. No. 7-2001]

[2]

Editor's Note: See 36 P.S. § 670-101 et seq., particularly § 670-240.

(4)

Upon the Planning Commission's recommendation of approval of the final plan, the applicant shall submit to the Township eight original black-line prints/sets of plans containing all original signatures and original certificates.

[Added 12-8-1999 by Ord. No. 6-1999; amended 3-10-2004 by Ord. No. 3-2004]

Board of Supervisors.

(1)

When a final plan has been officially reviewed and forwarded to the Supervisors by the Planning Commission, such plan shall be placed on its agenda for review and action. The Supervisors may, before acting on a final subdivision or land development plan, hold a public hearing thereon.

(2)

In acting on the final plan, the Supervisors shall review the plan and the written comments of the Township Engineer, the Planning Commission, the Chester County Planning Commission and all other reviewing agencies, together with comments from public hearings, if any, to determine the plan's conformity to this chapter and all other applicable Township ordinances. The Supervisors may specify conditions, changes, modifications or additions to a plan which they deem necessary and may make their decision to grant final plan approval subject to such reasonable conditions as they shall impose.

(3)

The Supervisors shall render a decision 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 complete final subdivision or land development application is filed or after a final order of court remanding an application for subdivision or final land development approval, provided that should said next regular meeting occur more than 30 days following the filing of the application or the final order of the court, said ninety-day period shall be measured from the 30th day following the day the application has been filed.

[Amended 5-9-2001 by Ord. No. 7-2001]

(4)

The decision of the Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him at the address appearing in his application not later than 15 days following the Supervisors' decision.

(5)

When the application is not approved in terms as filed, the Supervisors' decision shall specify the defects found in the application and plans and shall describe the requirements which have not been met and shall, in each instance, cite the provisions of the statute or ordinance relied upon.

(6)

In the event that the Supervisors approve a final plan subject to conditions, the applicant shall notify the Supervisors, in writing, within 30 days of the date of the Supervisors' decision, of his acceptance of all of the conditions. Upon such acceptance, the conditional final plan approval shall become an approved final plan, subject to the accepted conditions, as of the date of the Supervisors' conditional final plan approval. Should the applicant not notify the Supervisors within said thirty-day period of his acceptance of all of the conditions, the Supervisors' decision shall be deemed to be a rejection, which shall constitute a final rejection by the Supervisors of the final plan as of the date of the Supervisors' initial conditional approval decision. The developer's notification shall be timely if physically received by the Township within the required thirty-day period or if mailed within said thirty-day period when accompanied by a proof of mailing within said period by submission to the Township of present Post Office Form 3817, certificate of mailing, which shows the date, the name of the sender, the name of the Township as addressee and the development's name.

(7)

Approval of the final plan shall constitute approval of the development in accordance with and only in accordance with the final plan approval, subject, nevertheless, to compliance with Subsection C(6) of this section in the event of a conditional approval; provided, however, that approval of the final plan shall not authorize the sale of lots, the lease of land, buildings or portions of buildings or the subdivision or development of land until such time as the financial security guaranteeing the required improvements is posted with or secured to the Township, the subdivision and the land development agreement, the financial security agreement and developer's bond are fully executed and delivered to the Township, the plan is recorded and the Township has issued all necessary and proper permits.

§ 72-16 Release of approved plan; recording.

When requested by the applicant in order to facilitate financing, the Supervisors shall furnish the applicant with a signed copy of a letter of contingent approval, indicating approval of the final plan contingent upon the applicant obtaining satisfactory financial security. This letter shall not be issued until the applicant has accepted all conditions, if any, attached by the Supervisors to a conditionally approved final plan. The final plan shall not be signed by the Supervisors nor recorded until all required security agreements have been fully executed by both the applicant and, where required, the financial institution issuing or providing the financial security and the financial security is delivered or secured to the Township and is in place irrevocably guaranteeing the completion of the required improvements. The letter of contingent approval shall expire and be deemed to be revoked if the financial security agreements are not executed and the financial security is not in place within 90 days of the date of the plan's contingent approval, unless a written extension is requested, in writing, by the applicant and granted by the Supervisors. Such extension shall not be unreasonably withheld and shall be placed in writing at the applicant's request.

Upon approval and signing of the final plan by the Supervisors and its release to the applicant, the applicant shall within 90 days thereafter record the final plan in the office of the Recorder of Deeds of Chester County. The final plan shall not be accepted for recording by the Recorder unless the plan, on its face, contains the signatures of a majority of the Supervisors and evidences review by the County Planning Commission. After a final plan has been approved and recorded, all streets and public grounds on such plan shall be and become part of the Official Map of West Goshen Township[1] without public hearing.

[1]

Editor's Note: Said map is on file in the office of the Township Secretary.

Concurrently with the recording of the final plan, the applicant shall record in the office of the Recorder of Deeds of Chester County the approved declaration of restrictions, covenants and easements, together with any other recordable easements or other documents required by the final plan approval. In no event shall lots be conveyed from the approved plan prior to such recording.

§ 72-17 Preliminary plan submission requirements.

The preliminary plan of a proposed development shall be prepared by a registered professional engineer or a registered surveyor in accordance with the Act of May 23, 1945 (P.L. 913, No. 367, 63 P.S. § 148 et seq.), known as the "Engineer, Land Surveyor and Geologist Registration Law," except that this requirement shall not preclude the preparation of a plat in accordance with the Act of January 24, 1966 (1965 P.L. 1527, No. 535, 63 P.S. § 901), known as the "Landscape Architects' Registration Law," when it is appropriate to prepare the plat using professional services as set forth in the definition of the "practice of landscape architecture" under Section 2 (63 P.S. § 902) of that Act. The plat shall bear the seal and signature of such registered professionals and shall be clearly and legibly drawn to a scale of one inch equals fifty feet or a scale approved by the Township Engineer.

[Amended 7-23-1997 by Ord. No. 11-97]

The original drawing and all submitted prints thereof shall be made on sheets measuring 24 inches by 36 inches and no larger. If the preliminary plan requires more than one sheet, a key diagram showing the relative location of the several sections shall be drawn on each sheet.

[Amended 12-8-1999 by Ord. No. 6-1999]

The preliminary plan shall show:

(1)

The name or any other identifying title of the proposed subdivision and of the Township, county and state.

(2)

North point, graphic scale, written scale and date, including the month, day and year, that the original drawing was completed, the month, day and year that the original drawing was revised for each revision and a clear and concise description and location of the changes made in each revision.

(3)

The name of the record owner and the name of the developer.

(4)

The name, address, license number and seal of the registered professional engineer or surveyor responsible for the plan.

(5)

The names of the owners of all abutting properties.

(6)

A key map, for the purpose of locating the property being subdivided or developed, drawn at a scale of one inch equals 600 feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision or land development plans existing within 1,000 feet of any part of the property. In addition, the approximate distance to the nearest existing street shall be shown and a title, scale and North point shall be indicated.

(7)

Total tract boundaries of the property being developed, showing bearings and distances, and a statement of total acreage of the property.

(8)

Contour lines at vertical intervals of not more than two feet for land with an average natural slope of 4% or less and at intervals of not more than five feet for land with an average natural slope exceeding 4%. The datum shall be United States Coast and Geodetic Survey.

(9)

The location and elevation of the datum used, which shall be a known established bench mark.

(10)

All existing sewer lines, waterlines, fire hydrants, utility transmission lines, culverts, bridges, railroads, watercourses, Township zoning and flood hazard district boundaries (if any), easements, rights-of-way and other significant man-made or natural features, such as major tree masses (above four-inch caliper) and soil classification within the proposed subdivision and within 300 feet of the boundaries of the proposed development.

(11)

All existing structures.

(12)

All existing streets, including streets of record (recorded but not constructed) on or abutting the tract, including names, right-of-way widths, cartway (pavement) widths and approximate grades.

(13)

The full plan of the proposed development, including:

(a)

The location and width of all streets and rights-of-way, with a statement of any conditions governing their use.

(b)

Street names and utility easement locations. The applicant shall submit to the Board written approval from the United States Postal Service for all proposed street names.

[Amended 12-8-1999 by Ord. No. 6-1999]

(c)

Building setback lines along each street.

(d)

Lot lines with approximate dimensions.

(e)

A statement of the intended use of all nonresidential lots and parcels.

(f)

Lot numbers and a statement of the total number of lots and parcels.

(g)

The location of sanitary and storm sewers and other drainage facilities and any proposed connections with existing facilities.

(h)

Parks, playgrounds and other areas dedicated for public use, with any conditions governing such use.

(14)

Conservation plan.

(15)

Benchmarks based on horizontal controls utilizing the Pennsylvania State Plane Coordinate System and vertical controls based on NAVD 1983 datum. These controls shall be established utilizing an existing permanent monument as approved by the Township. Benchmarks established for new land development and subdivision proposals shall note the approved monument site utilized, the horizontal and vertical values utilized, as well as the new control values established for the proposal. The proposal shall also contain a new permanent control monument with new horizontal and vertical control values noted for future use. These values shall be verified as part of the construction documentation phase of the project. No project construction shall be deemed complete until the required monument has been verified by the Township.

[Added 11-12-2003 by Ord. No. 12-2003]

The preliminary plan shall be accompanied by the following supplementary data:

(1)

Typical street cross-section drawing(s) for all proposed streets. Cross-section drawings may be shown on either the preliminary plan or on profile sheets.

(2)

Tentative profiles along the center line of each proposed street. Such profiles shall show natural and finished grades at a scale of one inch equals 50 feet horizontal and one inch equals five feet vertical.

(3)

A drainage plan prepared in accordance with Chapter 71 of the West Goshen Township Code.

[Amended 11-12-2003 by Ord. No. 12-2003]

(4)

Preliminary designs of any bridges or culverts which may be required. Such designs shall meet all applicable requirements of state regulatory agencies having jurisdiction and shall be subject to approval of the Township Engineer.

(5)

A conservation plan prepared in accordance with Chapter 69 of the West Goshen Township Code, titled "Soil, Erosion and Sediment Control," and in accordance with Chapter 102 of Title 25 of the Pennsylvania Code.

[Added 11-12-2003 by Ord. No. 12-2003]

§ 72-18 Final plan submission requirements.

The final plan of a proposed development shall be prepared by a registered professional engineer or a registered surveyor in accordance with the Act of May 23, 1945 (P.L. 913, No. 367, 63 P.S. § 148 et seq.), known as the "Engineer, Land Surveyor and Geologist Registration Law," except that this requirement shall not preclude the preparation of a plat in accordance with the Act of January 24, 1966 (1965 P.L. 1527, No. 535, 63 P.S. § 901), known as the "Landscape Architects' Registration Law", when it is appropriate to prepare the plat using professional services as set forth in the definition of the "practice of landscape architecture" under Section 2 (63 P.S. § 902) of that Act. The plat shall bear the seal and signature of such registered professionals and shall be clearly and legibly drawn to a scale of one inch equals fifty feet or a scale approved by the Township Engineer.

[Amended 7-23-1997 by Ord. No. 11-97]

The original drawing and all submitted prints thereof shall be made on sheets measuring 24 inches by 36 inches and no larger. If the final plan requires more than one sheet, a key diagram showing the relative location of the several sections shall be drawn on each sheet.

[Amended 12-8-1999 by Ord. No. 6-1999]

The final plan shall include:

(1)

The name of the proposed development (or other identifying title) and of the Township, county and state.

(2)

North point, graphic scale, written scale and date, including the month, day and year, that the original drawing of the final plan was completed, the month, day and year that the original drawing was revised, for each revision, and a clear and concise description and location of the change made in each revision.

(3)

The name of the record owner and developer of the tract and the source(s) of title to the land being developed, as shown by the records of the County Recorder of Deeds.

(4)

The name, address, license number and seal of the registered professional engineer or surveyor responsible for the plan.

(5)

The names of the owners of all abutting properties, if any, with the book and page numbers where recorded, and the names of the owners of all adjacent unplatted land, if any, and the book and page number where recorded.

(6)

A key map, for the purpose of locating the property being subdivided or developed, drawn at a scale of one inch equals 600 feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision or land development plans existing within 1,000 feet of any part of the property. In addition, the approximate distance to the nearest street shall be shown and a title, scale and North point shall be indicated.

(7)

The total tract boundary lines of the area being subdivided or developed with accurate distances to hundredths of a foot and bearings accurate to a second. These boundaries shall be balanced and closed with an error of closure not to exceed one foot in 10,000 feet; provided, however, that the boundary(s) adjoining additional unplatted land of the developer (for example, between separately submitted final plan sections) are not required to be based upon field survey and may be calculated. The project boundaries shall be tied into the Pennsylvania Coordinate System. The monuments shall be indicated, along with a statement of the total area of the property being subdivided or developed. In addition, the surveyor shall certify to the accuracy of the survey, the plan as drawn and the placement of monuments.

[Amended 12-8-1999 by Ord. No. 6-1999]

(8)

The name or number and cartway width and right-of-way lines of all existing public streets and the name and location of all other roads within the property.

(9)

The following data for the cartway edges (curblines) and right-of-way lines of all recorded (except those which are to be vacated) and/or proposed streets and, for the right-of-way lines of all existing streets within the property:

(a)

The length, in feet and hundredths of a foot, of all straight lines and of the radius and the arc and chord of all curved lines (including curved lot lines); and

(b)

The width, in feet of, the cartway and right-of-way and, in degrees, minutes and seconds, the delta angle of all curved lines, including curved lot lines.

(10)

All straight lot lines and chords and radii of curved lot lines defined, in feet and hundredths of a foot, by distances and, in degrees, minutes and quarters of a minute, either by magnetic bearings or by angles of deflection from other lot and street lines.

(11)

Lot numbers and a statement of the total number of lots and levels.

(12)

A statement of the intended use of all nonresidential lots; a statement of restrictions of any type which exist or will exist as covenants in the deed(s) for all lots contained wholly or in part in the development and, if covenants are recorded, including the deed book and page number.

(13)

The proposed building envelope line for each lot or the proposed placement of each building and, where applicable, the location of on-site sewage and water facilities.

(14)

The location and elevation, if established, of all existing and proposed street monuments.

(15)

All easements or rights-of-way where provided for or owned by public services or any other party who has secured them and any limitations on such easements or rights-of-way. Rights-of-way shall be shown and accurately identified on the plan, and easements shall either be shown or specifically described on the plan. Utility easements should be located in cooperation with the appropriate public utility companies.

(16)

The location, size and invert elevation of all sanitary and storm sewers and the location of all manholes, inlets and culverts. This data may be submitted as a separate plan.

(17)

When highway access is required.

[Amended 12-8-1999 by Ord. No. 6-1999]

(a)

If the plat will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation (PADOT), the plat shall contain a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945, P.L. 1242, No. 428, known as the "State Highway Law,"[1] before driveway access to a state highway is permitted.

[1]

Editor's Note: See 36 P.S. § 670-420.

(b)

Where such access is proposed to a state street or highway, in addition to the issuance of a highway occupancy permit by PADOT, the applicant shall secure a highway occupancy permit from the Township at the time of final plan approval, the feasibility of which shall be demonstrated upon submission for review of the preliminary plan. Highway occupancy permits authorizing connection to state streets or highways shall be approved subject to the condition that if PADOT denies a highway occupancy permit for the proposed access, the conditional approval of such permit by the Township shall be deemed to have been denied and no such municipal permit shall be issued. If the Township denies a Township highway occupancy permit for said access, the approval of a PADOT highway occupancy permit shall be deemed to have been denied.

(18)

A certificate of ownership, acknowledgment of plan and offer to dedicate shall be lettered on the plan and shall be duly acknowledged and signed by the owner(s) of the property and notarized.

(19)

Certificates on the title sheet requesting approval of the plan by the Supervisors, Township Engineer and by the Planning Commission and review by the County Planning Commission.

(20)

A space, measuring three inches square, left along the lower edge of the sheet, in order that the Recorder of Deeds may acknowledge receipt and recording of the plan when it is presented.

(21)

[Added 11-12-2003 by Ord. No. 12-2003]

The final plan shall be accompanied by the following supplementary data:

(1)

Typical street cross-section drawing(s) for all proposed streets. Cross-section drawings may be shown either on the final plan or on the profile sheets.

(2)

Profile sheets for all proposed streets within the tract.

(a)

Such profiles shall show at least the following information, properly labeled:

[1]

The existing natural profile along both cartway edges or along the center line of each street.

[2]

The proposed finished grade of the center line and the proposed finished grade at both cartway (pavement) edges.

[3]

The length of all vertical curves.

[4]

The existing and proposed sanitary sewer mains and manholes.

[5]

The existing and proposed storm sewer facilities and drainage improvements.

(b)

The profile sheets shall be legibly drawn at a scale of one inch equals 50 feet horizontal and one inch equals five feet vertical.

(3)

All offers of dedication and declarations of covenants, easements and restrictions which shall be subject to approval of the Township Solicitor.

(4)

Such private deed restrictions as the developer intends to impose upon the property as a condition of the sale of lots, together with a statement of any restrictions previously imposed which may affect the title to the land being developed.

(5)

Conservation plan.

§ 72-19 Conservation plan.

The conservation plan which is required to accompany the preliminary and final subdivision or land development plan shall be clearly and legibly drawn to the same scale as that of the preliminary and final plan and shall be in the form of a transparent overlay to those plans.

Plan requirements.

(1)

The conservation plan shall show and shall designate with explanatory notes the total tract boundaries of the property being subdivided or developed and the following site features both within the proposed development and at least 300 feet beyond its boundaries.

(a)

Contour lines at vertical intervals of not more than two feet.

(b)

The location and elevation to which contour elevations refer. The datum used shall be a known, established bench mark.

(c)

Areas with existing slope exceeding 20%, as measured between two-foot contour lines, wherever contour lines are separated by a horizontal distance of 10 feet or less.

(d)

All existing watercourses and lakes, ponds, impoundments or other bodies of water and all areas within the Flood Hazard District, as defined in the West Goshen Township Zoning Ordinance.[1]

[1]

Editor's Note: See Ch. 84, Zoning.

(e)

Generalized soil types, as mapped in the Soil Survey of Chester and Delaware Counties, noting areas of poor drainage, alluvial soils and soils with seasonal or perennial high-water table.

(f)

The location and results of all soil percolation tests.

(g)

Delineation of wetlands as defined by the United States Army Corps of Engineers, including those inventoried by the United States Fish and Wildlife Service for the National Wetlands Inventory and those determined to fall under the jurisdiction of the United States Army Corps of Engineers or the Pennsylvania Department of Environmental Protection.

(h)

All existing vegetation denoted as to type or character, such as woodland, orchard, pasture, cropland, meadow, wetland vegetation, lawn or garden.

(i)

All existing tree masses, tree lines and hedgerows, trees over four inches in caliper as measured 36 inches from ground level which are not part of a tree mass, denoted as to type and size, and individual trees over four inches in caliper measured at said height located within a tree mass, denoted as to type and size, where clearing or removal of trees is proposed.

(j)

Existing structures and other improvements.

(k)

Historic resources or potential historic resources, including structures, ruins, sites, traces, routes or trails, specifically including all such resources or potential resources listed in the National Register of Historic Places, the Pennsylvania Register of Historic Places, the Chester County Historic Sites Survey, the Historic American Building Survey and any such resources identified in the Township's Comprehensive Plan, denoting locational relationship to the boundaries of any Historic District listed in the National Register of Historic Places or designated by ordinance pursuant to Act 167 of 1961, as amended.[2]

[2]

Editor's Note: See 53 P.S. § 8001 et seq.

(l)

Existing paths and trails devoted to pedestrian, equestrian or bicycle use.

(m)

Location and type of any existing erosion and sedimentation control measures, whether natural or man-made, including grassed waterways, diversions, debris basins and tile fields, and, where applicable, supporting data assuring compliance with the erosion and sedimentation control standards established in this chapter.

(n)

Any other significant existing natural or man-made features.

(2)

The extent to which any of the site features identified pursuant to this section are proposed to be cleared, removed or otherwise altered to accommodate proposed development shall be shown on a transparent overlay plan at the same scale identified in this section, together with a narrative explaining the necessity for such action, which, when required, shall be included as part of the environmental impact assessment (EIA). All proposed alterations of the natural grade, whether by cut or by fill, exceeding two feet, together with the reasons and necessity for such alteration, shall be supplied in narrative form as part of the EIA. Notations shall be included on the face of the plan demonstrating the feasibility of compliance with the provisions of § 72-36.

A subdivision or land development application which seeks preliminary or final approval of a residential subdivision or land development of more than five lots or units or a commercial, industrial, office or professional use or combination thereof containing more than one lot or building or one building in excess of 5,000 square feet in gross floor area or any use which requires conditional use approval shall be accompanied by an environmental impact assessment (EIA) report in narrative form prepared in accordance with the provisions of this subsection and containing the following:

(1)

Analysis of site features.

(a)

The general character of the site features required by Subsection B to be identified on the conservation plan. The narrative shall describe existing characteristics of the property with respect to geography, topography, ground and surface water hydrology, soils, vegetation, existing improvements and uses and other site feature categories designated in that subsection.

(b)

A visual analysis, including the scope and character of views into the tract from outside the tract from public roads and from private properties in relationship to identified site features; the scope and character of views within the tract in relationship to identified site features; and the scope and character of external views from within the tract.

(c)

A description accompanied by exhibits, diagrams or other necessary documentation which depict and describe those remedial, protective and mitigative measures proposed by the applicant to control all adverse impacts upon site features which will occur as a result of the proposed subdivision or land development. An adverse impact is any development activity which will alter the site features described in Subsection B. These measures shall include those measures mandated by current federal, state, county and Township statutes, ordinances and regulations, including but not limited to sedimentation and erosion control, stormwater runoff control, water quality control, air quality control, wetlands and similar requirements related to remediation of adverse impacts of a specific project such as regrading, revegetation, screening and the creation of landscaped areas, wetlands, fencing, emission control, traffic control, noise control and similar requirements.

(d)

The names, addresses, telephone numbers and qualifications of persons directly responsible for preparing the EIA.

(2)

Identification of community services and facilities. A community facilities needs assessment, accompanied by supplemental plans or maps necessary to identify the community facilities required to serve the proposed development. The assessment shall describe the extent to which existing community facilities and services, such as schools, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service, are alleged to be sufficient to accommodate the demands of future occupants of the proposed subdivision or land development and the need for additional expanded community facilities and services.

(3)

Natural resources impact. A study prepared by a registered professional engineer indicating the likely impact of the proposed development on the existing sewer, water, groundwater, solid waste and drainage systems serving the Township. Said impact analysis shall identify the existing capacity of facilities proposed to serve the subdivision or land development, the prospects of those facilities being able to provide service to it and any improvements that are required as a direct result of the proposed subdivision or land development. The study shall identify the ability of sewer, water, solid waste and drainage systems to continue to provide efficient and economic service to existing users, considering the added service requirements of the proposed subdivision or land development.

(4)

Recreation impact.

(a)

A study prepared by a qualified professional which shall analyze the demand for recreation facilities which the proposed subdivision or land development will generate and determine whether adequate facilities exist or are planned or proposed. As a minimum, the study shall include the following:

[1]

A description of the recreational facilities to be provided by the developer.

[2]

A description of the entity proposed by the developer to be responsible for maintenance of the recreational facilities to be provided by the developer.

[3]

A description of existing municipal recreational facilities and the impact of the proposed development on these facilities.

[4]

A description of accessibility of developer-proposed recreational facilities to general Township residents.

(b)

The developer shall be required, as a condition of final plan approval, to provide for the construction of recreational facilities suitable for the uses intended in any subdivision or land development for residential use in accordance with the formula contained in § 72-35B(1).

(5)

Traffic impact study.

(a)

Prepared by a qualified professional traffic engineer, the traffic study shall include, at a minimum:

[1]

Anticipated traffic volumes and patterns to be generated by the proposed development.

[2]

An analysis of the impact of the development as a generator of both local and nonlocal traffic.

[3]

A circulation inventory of the existing public street network which can be reasonably anticipated to serve the proposed development.

[4]

The existing roadway conditions of those roads and streets contiguous to the development or which may be reasonably anticipated to service the access needs of the development.

[5]

Existing traffic volumes as determined by both weekday morning and evening peak period traffic counts at those intersections in the immediate vicinity of the development which are reasonably anticipated to serve as access intersections to the development.

[6]

A volume/capacity analysis to determine the levels of service at the foregoing intersections.

[7]

Projection of site-generated traffic demand, which shall be combined with existing traffic volumes increased by 5% per annum projected over a period of five years, to determine future traffic projections.

[8]

The projected costs of traffic improvements necessitated by the development required to correct any deficiencies in the foregoing road and street systems.

[9]

Consideration of conditions existing on streets and intersections immediately serving the development identified in the West Goshen Township Master Traffic Plan as requiring remediation.

[10]

A determination as to whether the proposed street or driveway access providing ingress and egress to the proposed development or one or more of the lots therein is adequate and provides for safe access. Elements considered in the study shall include, but not necessarily be limited to, sight distance as measured from the intersection sight triangle, required turning radius, acceleration and/or deceleration lanes and any additional considerations the Traffic Engineer determines relevant utilizing accepted traffic engineering guidelines.

[Added 12-8-1999 by Ord. No. 6-1999]

(b)

The study shall be reviewed by the Planning Commission, the Township Engineer and, at the Township's discretion, a traffic consultant selected by the Township, who, collectively, shall determine the accuracy of the study's information and projections. All deficient service capacity caused or contributed to by the proposed development occurring because of existing inadequacies in the public streets, intersections and other facilities to and/or servicing the proposed development shall be identified, and the Supervisors may, as a condition of approval of any plan, require the applicant to provide, construct and install such off-site improvements thereto as are reasonably caused by and/or related to the proposed development. In lieu thereof, the developer may, with the Supervisors' approval, but shall not be required to make a contribution to the West Goshen Township Highway and Traffic Improvement Fund in such amount as determined in accordance with the procedure for establishing public improvements costs otherwise provided for in this chapter.

(c)

The required traffic study affirmatively demonstrate:

[Added 9-27-1994 by Ord. No. 4-1994]

[1]

That the level of service at unsignalized and signalized intersections contiguous to the applicant's property necessary to serve the proposed development by providing egress and ingress thereto (intersections through which at least 35% of the development's traffic must flow to gain access to the development) shall not as a consequence of the proposed use fall below Level of Service D, as specified in the Transportation Research Board, Special Report 209, Highway Capacity Manual 1985, published by the Transportation Research Board, Washington, D.C., 1985 or latest edition, provided that the Supervisors may grant relief from this criteria upon recommendation of the Township Engineer following a traffic study supplied by the applicant justifying waiver of this provision and proof by the applicant that the waiver will not be contrary to public safety. This provision shall not be reconstrued to preclude improvement of such intersections to retain at least a Level of Service D or better.

[2]

The effect of the proposed development on the reserve capacity of public roads and road intersections providing access to the development and to and in the area of the development property shall not have the effect of materially increasing traffic congestion on those roads or at those road intersections.

[3]

That improvements to the roads contiguous to the applicant's property proposed as part of the improvements for the development, such as road widening, acceleration/deceleration lanes, traffic control devices and similar improvements, shall be sufficient to accommodate the additional traffic generated by the proposed development consistently with recognized traffic engineering design principles, including but not limited to those promulgated by PennDOT.

§ 72-19.1 Public water supply.

Purpose. The regulations established in this section have been adopted to require that:

(1)

Each dwelling unit and each commercial or industrial building in all subdivisions and land developments hereafter granted approval shall have an adequate supply of potable water for domestic use.

(2)

Each unit or building shall have an adequate supply of water for purposes of fire protection.

(3)

In each case where water is to be supplied to a subdivision or land development by means of a public water supply system, such system meets minimum standards controlling water storage and production capabilities for domestic and fire use for the protection of the health, safety and welfare of all Township residents affected.

Requirements. If the applicant for subdivision or land development approval proposes that the subdivision or land development be served by public water, the applicant shall:

(1)

File with the preliminary subdivision application or, when no preliminary plan is filed, the final plan application, a report from the public water company proposing to provide public water which describes the volume of flow, static pressure and residual pressure at the fire hydrant nearest to the proposed subdivision.

(2)

Based upon the foregoing information, submit a hydraulic study which demonstrates what volume of water and pressures are to be provided at the most critical points within the subdivision. Critical points shall be determined by the developer's engineer, following consultation with the public water company, determined on the basis of the intensity of development and all other applicable engineering criteria.

(3)

Contemporaneously with submission of the final plan only, submit a plan, provided by the public water company, showing the design of the water distribution system.

Review procedure for proposed public water supply system.

(1)

The submissions required by Subsection B of this § 72-19.1 shall be reviewed by the Township Engineer in conjunction with the subdivision or land development application, who shall make a recommendation to the Board of Supervisors with respect to the applicant's compliance with the requirements of this section and the adequacy of the public water supply system. The Board expressly reserves the right, in its sole discretion, to require the applicant, at the applicant's cost and expense, to provide an independent engineering study and report verifying the adequacy of the proposed public system to supply adequate public water for the purposes described in Subsection A of this § 72-19.1 to the proposed subdivision or land development.

(2)

Submission by the applicant of the required report, hydraulic study and plan shall be considered essential, and no subdivision or land development application, whether preliminary or final, shall be accepted for review or granted approval without such submission. Modifications required by the Township Engineer to any proposed water distribution system or required as a result of an independent engineering study shall, if based upon reasonable engineering or design criteria, be a condition of any subdivision or land development approval.

Minimum water supply requirements.

(1)

In all subdivisions and land developments served by public water, the following water pressure and gallonage requirements shall apply:

(a)

Residential use. A minimum domestic pressure of 30 pounds per square inch shall be provided at each house to be connected to the water supply main. The system to which the residential unit is connected shall have sufficient capacity to supply a minimum of 300 gallons of water per residential unit per day within the subdivision or land development.

(b)

Commercial or industrial use. A minimum domestic pressure of 30 pounds per square inch shall be provided at each commercial or industrial building connected to the water supply main. When a building wishes to connect to a public water system, a study will be made to determine if there is adequate water supply in the system to supply the building and use.

(2)

For purposes of fire protection in residential districts, the system shall be demonstrably capable of providing fire flow water requirements for a minimum duration of two hours of not less than 500 gallons per minute at residual pressures of 20 pounds per square inch. Fire hydrants shall be spaced every six-hundred-foot radius along the public water supply system within the subdivision or land development.

(3)

For purposes of fire protection in commercial and industrial districts, a 1,000 gallons per minute (G/M) at 20 pounds per square inch (psi) residual pressure is required. Spacing of hydrants should be within 400 feet of all properties.

Approvals conditioned upon adequacy of public water supply. No subdivision or land development application proposing a public water supply system shall be granted preliminary or final approval unless the applicant demonstrates by a fair preponderance of the credible evidence full compliance with the provisions of this § 72-19.1.