A.
In order to discharge the duties imposed by law, the
Board of Supervisors of North Coventry Township has adopted the following
procedures which shall be observed by all subdividers, applicants,
developers, and their agents.
B.
All Preliminary and Final Subdivision or Land Development
Plans shall be reviewed by the Township Planning Commission and Township
Engineer, and may be reviewed by any Township consultants recommended
by them and approved by the Board of Supervisors. The Preliminary
and Final Plans shall be approved or disapproved by the Board of Supervisors
in accordance with the procedure specified in this chapter.
C.
Any application not processed as required shall be
null and void unless it was made prior to the adoption of these regulations.
D.
Notice of all applications for approval of a subdivision
and/or land development shall be given by conspicuously posting written
notice of the application on the affected tract of land at least one
week prior to the initial plan review by the North Coventry Township
Planning Commission. The written notice shall state the following:
This property is the subject of a Subdivision and/or Land Development
application No. _____; for additional information contact: North Coventry
Township 845 South Hanover Street: (610) 323-1694, www.northcoventry.us.
The notice shall be printed on a sign 36 inches by 24 inches of the
type utilized by real estate sales. The expense of obtaining and maintaining
the sign shall be borne by the applicant. The notice must be posted
by the applicant on the property in such location(s) so as to be clearly
visible from each adjacent roadway(s) and must remain on the property
for 60 days from the initial posting. The applicant must provide proof
of posting(s) to the Township at least 24 hours prior to the plan
review.
[Added 7-25-2005]
(1)
Civil fines. A civil fine of $50 per day may be imposed
upon an applicant for noncompliance with this subsection following
issuance by the Code Enforcement Officer to the applicant of written
notice of a violation and failure by the applicant to correct the
violation within three days of said written notice.
A.
All subdivision and land development applications
shall, for the purposes of this procedure, be classified as either
minor or major. Plans shall be classified in accordance with the following
criteria:
(1)
Minor Subdivision Plan. A Subdivision Plan may be
classified as a minor subdivision where the following circumstances
apply:
(a)
No street, either public or private, nor any
improvement (including the extension of a public water or sewer main),
which is intended to be dedicated to the Township, is to be constructed;
and
(b)
No land disturbance activities will take place
except those incidental to construction of a single-family detached
dwelling on a single-family lot; and
(c)
No more than two lots are proposed; and
(d)
No further subdivision can occur within the
resulting lots; or
(e)
Where the purpose of the plan is to provide
a lot line adjustment or a recombination of lots and no development
is proposed.
(2)
Minor Land Development Plan.
(a)
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.
(b)
The expansion of an existing parking lot having
an area which is the equivalent of not more than 20% of the existing
parking lot area or 1,500 square feet, whichever is less.
(3)
Major Subdivision or Land Development Plan. All Subdivision
or Land Development Plans not meeting the minor criteria, as defined
above, shall be classified as a Major Subdivision or Land Development
Plan.
B.
Determination of plan classification. Subdivision
or Land Development Plan submittals shall be made to the Township
Manager, or other person so designated by the Board of Supervisors
to receive plans, who shall make the determination as to whether the
subdivision or land development is classified as major or minor.
C.
Review procedure for Major and Minor Plan submittals.
(1)
Applications for subdivision or land development shall
be submitted in accordance with the following review procedures:
(2)
The Board of Supervisors, upon recommendation of the
Planning Commission, may require a Preliminary Plan for subdivisions
or land developments otherwise exempted above if they determine that
the plans could cause significant harm to the environment or the health,
safety, or welfare of the citizens of North Coventry Township.
Where an application qualifies as a minor subdivision or land development under the terms of § 320-10, the applicant may seek approval according to the following procedure:
B.
As part of the Final Plan review process for minor subdivisions or land developments, copies shall be sent by the Township to the relevant agencies applicable to Preliminary Plans in § 320-15B(2) of this chapter.
C.
All Minor Subdivision or Land Development Plans shall
be referred to the Planning Commission for review by the Board of
Supervisors.
A.
Start of plan review time period. A Preliminary or Final Plan shall not be considered officially filed and the time requirements of this section shall not be considered in effect until the submittal requirements of § 320-15A(1) for Preliminary Plans or § 320-16A(1) for Final Plans have been met.
B.
Planning Commission review. The Planning Commission
shall have up to 90 days to make its recommendations on a Preliminary
or Final Plan. If no reply is made by the Planning Commission within
the time allotted, the Board of Supervisors may proceed to act on
the plan without the recommendation.
C.
Board of Supervisors review.
(1)
All applications for Preliminary or Final Plan approval shall be acted upon by the Board of Supervisors and communicated to the applicant within 90 days following the date of the next regular Planning Commission meeting following the date the application is filed. However, if the next regular meeting of the Planning Commission occurs more than 30 days following the filing of the application, the ninety-day period shall be measured from the 30th day following the day the application is filed, unless the applicant agrees to an extension of time as provided for in Subsection C(4), below.
(2)
The decision of the Board shall be in writing and
shall be communicated to the applicant personally or mailed to the
applicant not later than 15 days following the decision or by the
end of the said ninety-day period, whichever shall first occur. The
form and content of the decision shall comply with the applicable
requirements of Section 508 of the Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(3)
Failure of the Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time as described in Subsection C(4), below.
(4)
The applicant may be requested to agree, in writing,
to an extension of time beyond the ninety-day period in which a decision
concerning approval of a plan is to be rendered. Following receipt
of the applicant's written agreement, the Board shall render a decision
and communicate it to the applicant before the end of the extended
time period.
The process of submitting, reviewing and approving
Subdivision and Land Development Site Plans consists of four phases:
Sketch Plan phase (optional), application phase, Preliminary Plan
phase and final phase. Below is a description of each phase and its
purpose in the overall process:
A.
Sketch Plan phase.
(1)
The Sketch Plan phase takes place prior to the submission of an application. Although not obligatory, it is strongly recommended that this phase not be bypassed. The provision of a Sketch Plan is particularly critical for those subdivisions that are required to undergo the four-step design process described in § 320-58B of this chapter. This phase provides the applicant with an opportunity to ask questions about such topics as interpretation of ordinance language, potential waiver and variance requests, and conceptual design issues. The Sketch Plan phase also provides the Township with an opportunity to become acquainted with the project and to express concerns that may surface about such issues as ordinance compliance and community impact. The chief value of this phase is that important design issues can be considered and clarified at the conceptual-design stage before unnecessary drafting, design, engineering, and agency review funds are expended.
(2)
The amount of information and level of detail provided in the Sketch Plan phase is also at the discretion of the applicant. It is suggested that the Sketch Plan information outlined in § 320-18 be submitted to provide the opportunity for more constructive dialogue. However, presenting a fully designed and engineered Site Plan at the Sketch Plan phase would defeat the intended purpose of a preapplication review while the project is still in the conceptual stage.
B.
Application phase; plan processing. When an application
is submitted for a subdivision or land development project, and is
accompanied by the specified fee, it is reviewed by the Township Manager.
This review is conducted to determine if the application is correctly
executed and the plan(s) accompanying it contain enough information
to constitute a valid application. (See Checklists in Appendices A
to C.[1]) This review will not consider whether the plan is complete
or accurate but rather whether it warrants being submitted to the
appropriate reviewing agencies. If the application is judged to be
suitable, it will be accepted and submitted to the Board of Supervisors
for forwarding to the Planning Commission. If judged to be inadequate,
it will be returned to applicant for resubmission.
[1]
Editor's Note: Appendices A through C are
located at the end of this chapter.
C.
Preliminary Plan phase.
(1)
The Preliminary Plan phase commences with the Township's
acceptance of the applicant's submission of a subdivision or land
development application and ends with the approval of the plan by
the Board of Supervisors. Between those two events is an iterative
process where a number of agencies review the plan and offer comments,
the applicant responds to those comments and takes corrective action
and in some cases the revised plans are again subjected to agency
review. The length of that review process depends chiefly upon two
critical factors. First, whether the submitted plan is fully responsive
to Township and other agency ordinances and requirements. Second,
whether the information on the plan is accurate and complete. A plan
that ignores ordinance requirements or lacks sufficient detail can
be only partially reviewed and will result in delays while the information
is sought and subsequent reviews initiated.
(2)
Although referred to as "Preliminary" to differentiate
from the "Final" Plan, from a design and engineering perspective,
the Preliminary Plan, when reviewed and revised in compliance with
the Planning Commission's recommendations, and submitted to the Board
of Supervisors seeking their approval, represents a design that is
likely to be more than 95% complete. If the Board of Supervisors grants
preliminary approval, the design at that point becomes fixed. Subsequently
only minor changes, such as adding design details, can be made to
the plan. If a change in design concept is proposed after the granting
of preliminary approval, the plan must be resubmitted as a Preliminary
Plan.
D.
Final Plan phase. The submission of the Final Plan differs according to whether the proposed plan is classified as a major or minor subdivision or land development as outlined in § 320-10. Major Subdivision or Land Development Plans are required to proceed through the Preliminary Plan review phase prior to the submittal of a Final Plan. Minor Subdivision and Land Development Plans may proceed directly to Final Plan submittal. The purpose served by each type of Final Plan is described below.
(1)
Major Plans. The purpose of the Final Plan of a major
subdivision or land development is to enable the Township to determine
whether or not all aspects of a major subdivision or land development
conform to Township standards and conditions for Preliminary Plan
approval, and to provide a means to ensure that required improvements
are guaranteed prior to official approval and recording of the plan.
After the Board of Supervisors has approved the Preliminary Plan,
the applicant adds the Final Plan information as required by the Subdivision
and Land Development Chapter and submits the plan to the Township
Manager for review by the Planning Commission and the Township Engineer.
The Planning Commission then submits a letter of recommendation for
plan approval or disapproval to the Board of Supervisors. After receiving
that letter and a final review letter from the Township Engineer,
the Board of Supervisors votes to approve or reject the plan.
(2)
Minor Plans. In the case of a minor subdivision or
land development, the purpose of the Final Plan is to ensure that
the proposal meets all the provisions of the Township codes and ordinances
and other applicable requirements prior to official approval and recording
of the plan. No Preliminary Plan is required. The applicant submits
the plan to the Township Manager for review by the Planning Commission
and the Township Engineer. The Planning Commission then submits a
letter of recommendation for plan approval or disapproval to the Board
of Supervisors. After receiving that letter and a final review letter
from the Township Engineer, the Board of Supervisors votes to approve
or reject the plan.
A Sketch Plan is strongly encouraged for all proposed major or minor subdivisions. Prior to the submission of the Sketch Plan, the preapplication and site inspection process described below will significantly improve the quality of the Sketch Plan and its usefulness to the Township in their review of the plan. These preapplication discussions are particularly important for the residential design options requiring the four-step design process described in § 320-58B of this chapter. Sketch Plans, as described in § 320-18, shall be submitted to the Township for review by the Planning Commission. Submission of the Sketch Plan shall not constitute formal filing of a plan with the Township, nor shall it commence the statutory review period as required by the Municipalities Planning Code. The procedures for submission of a Sketch Plan are described in Subsection F below, and may be altered only at the discretion of the Township.
A.
Preapplication meeting. A preapplication meeting is
encouraged between the applicant, the site designer, and the Planning
Commission, and the Township's planning consultant where applicable,
to introduce the applicant to the Township's zoning and subdivision
regulations and procedures, to discuss the applicant's objectives,
and to schedule site inspections, meetings, and plan submissions as
described below. Applicants are also encouraged to present the Existing
Resources and Site Analysis Plan at this meeting.
B.
Existing Resources and Site Analysis Pan. Regardless of whether Sketch Plan is submitted, the applicant shall submit an Existing Resources and Site Analysis Plan, in its context, prepared in accordance with the requirements contained in § 320-19D. The purpose of this key submission is to familiarize all parties with the existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for them in making a site inspection. This plan shall be provided prior to or at the site inspection, and shall form the basis for the development design as shown on the Sketch Plan (or on the Preliminary Plan, if the optional Sketch Plan is not submitted).
C.
Site inspection.
(1)
After preparing the Existing Resources and Site Analysis
Plan, applicants shall arrange for a site inspection of the property
by the Planning Commission and other Township officials, and shall
distribute copies of said Site Analysis Plan at that on-site meeting.
Applicants, their site designers, and the landowner are encouraged
to accompany the Planning Commission.
(2)
The purpose of the site inspection is to familiarize
Township officials with the property's existing conditions and special
features, to identify potential site design issues, and to provide
an informal opportunity to discuss design concepts, including the
general layout of the designated open space lands (if applicable),
and potential locations for proposed buildings and street alignments.
Comments made by Township officials or their staff and consultants
shall be interpreted as only suggestions and for discussion purposes.
All parties shall be aware that no formal recommendations can be offered
and no official decisions can be made at the site inspection.
D.
Pre-sketch conference. Following the site inspection and prior to the submission of the Sketch Plan, the applicant shall meet with the Planning Commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for the subdividing or developing the tract in accordance with the four-step design procedure described in §§ 320-19E and 320-58B of this chapter, where applicable. At the discretion of the Planning Commission, the conference may be combined with the site inspection.
E.
Sketch Plan submission and review.
(1)
Copies of a Sketch Plan, meeting the requirements set forth in § 320-18, shall be submitted to the Township Secretary during business hours for distribution to the Board of Supervisors, the Planning Commission, the Township Engineer and applicable Township advisory boards at least seven business days prior to the Planning Commission meeting at which the Sketch Plan is to be discussed. The Sketch Plan diagrammatically illustrates initial thoughts about a conceptual layout for open space, house sites, and street alignments, and shall be based upon the information contained in the Existing Resources and Site Analysis Plan. The Sketch Plan shall also be designed in accordance with the four-step design process described in §§ 320-19E and 320-58B, and with the design review standards listed in § 320-59A and B.
(2)
The Planning Commission shall review the Sketch Plan
in accordance with the criteria contained in this chapter and with
other applicable Township ordinances. Their review shall informally
advise the applicant of the extent to which the proposed subdivision
or land development conforms to the relevant standards of this chapter,
and may suggest possible plan modifications that would increase its
degree of conformance. Their review shall include but is not limited
to:
(a)
The location of all areas proposed for land
disturbance (streets, foundations, yards, septic disposal systems,
water lines, stormwater management areas, etc.) with respect to natural
or cultural features as identified on the applicant's Existing Resource
and Site Analysis Plan and on the Township's Map of Potential Conservation
Areas in the Comprehensive Plan.
[Amended 2-13-2006]
(b)
The potential for street connections with existing
streets, with other proposed streets, or with potential developments
on adjoining parcels.
(c)
The location of proposed access points along
the existing road network.
(d)
The proposed building density and impervious
coverage.
(e)
The compatibility of the proposal with respect
to the objectives and policy recommendations of the Comprehensive
Plan, including its Conceptual Open Space Network Map, and the Open
Space Plan.
[Amended 2-13-2006]
(3)
The Planning Commission shall submit its written comments
to the applicant and the Board of Supervisors. The Sketch Plan may
also be submitted by the Township to the County Planning Commission
for unofficial review and comment.
A.
Submittal procedure.
(1)
A plan shall be considered officially submitted only
upon the receipt by the Township Manager of the appropriate number
of plan copies with supporting documents, a completed official application
form, a completed Preliminary Plan information checklist, a CAD file
that is in a format compatible with the Township’s program,
and payment of the full application fee due. Official application
forms, checklist and information concerning the format for the CAD
may be obtained at the office of the Township Manager.
[Amended 3-28-2005]
(a)
The application shall not be considered complete until plan information, as required by § 320-19 and as outlined in the Preliminary Plan information checklist, is included with the submission. The initial determination of the completeness of the application shall be made by the Township Manager.
(b)
If the application is determined to not comply
with the general submittal requirements of this chapter, the application
shall be returned within five working days of filing, with a letter
indicating the specific provisions of the chapter that have not been
complied with.
(c)
A decision by the Township Manager to return
an application as incomplete under the provisions of this section
may be appealed to the Board of Supervisors within 30 days of notice.
In the absence of such appeal, the decision of the Township Manager
shall be deemed to be final. Subsequent applications shall be deemed
to be new applications.
(2)
The applicant shall submit to the Township Manager at least 16 copies of the Preliminary Plan, meeting the requirements in § 320-19 and the Preliminary Plan information checklist, together with at least 16 copies of the application for review for the following circulation:
[Amended 9-10-2007 by Ord. No. 135]
(a)
One copy for the Township Manager's file.
(b)
Two copies for the Chester County Health Department.
(c)
One copy for the Chester County Planning Commission.
(d)
One copy for the Township Board of Supervisors.
(e)
One copy for the Township Planning Commission.
(f)
One copy for the Township Engineer.
(g)
One copy for the Township Solicitor.
(h)
One copy to the Township Parks and Recreation
Commission.
(i)
One copy for the Chester County Conservation
District.
(j)
One copy for the North Coventry Municipal Authority,
where applicable.
(k)
One copy for the Norco Fire Company.
(l)
One copy for the Chester County Fire Marshall.
(m)
One copy for the North Coventry Historical Commission.
(n)
One copy for the North Coventry Water Authority.
(o)
One copy for the North Coventry Environmental
Advisory Council.
(p)
Additional copies as the Township Board of Supervisors,
at its discretion, requires.
(3)
It shall be the ongoing responsibility of the applicant
to provide to the Township accurate copies, in numbers to be determined
by the Township, of all revisions made to any and all plans, including
any and all related plans submitted to any other agency for review
or for the obtaining of permits related to the proposed subdivision
or land development. It also shall be the ongoing responsibility of
the applicant to provide to the Township accurate copies, in triplicate,
of any reviews, permits and documents related to the proposed subdivision
or land development. The applicant shall obtain and provide the Township
copies, in triplicate, of all required permits from the Pennsylvania
Department of Environmental Protection, the Pennsylvania Department
of Transportation, the Chester County Health Department, the Chester
County Conservation District, Public Utility Commission or any other
agency, if appropriate.
(4)
Upon submission of a complete application, together with all required fees and escrow deposits, the Township Manager 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 Township Planning Commission and the Township Engineer. In addition, copies shall be transmitted to the agencies noted above in Subsection A(2). Any fees charged by these agencies shall be paid by the applicant.
B.
Township review procedure. Before acting on any Preliminary
Plan the Board of Supervisors shall refer such plan to the Township
Planning Commission for review and recommendation. The Township Board
of Supervisors shall not approve any plan until the Township Engineer
has made a final recommendation.
(1)
Township Planning Commission.
(a)
The Township Planning Commission shall review all plans referred to it by the Board of Supervisors and shall consider any recommendations made by the Township Engineer, any state or county agencies, and any other review agencies who have submitted comments with respect to any such application. In addition, The Township Planning Commission shall review the plans as to overall conformance with this chapter, Chapter 370, Zoning, Township Comprehensive Plan, the Township Park and Recreation Plan and any other applicable plans, practices and guidelines the Planning Commission wishes to use.
(b)
After such review, the Planning Commission shall
send to the Board of Supervisors written notice of the recommendations
of the Planning Commission and the reasons therefor, citing specific
sections of the statutes or ordinances relied upon. The Planning Commission's
recommendations for plan approval shall include any suggested conditions,
changes, modifications or additions required to be addressed at the
Final Plan stage and, if applicable, an explicit listing of all ordinance
requirements being recommended for waiver. Recommendations for plan
rejection shall include a listing of the specific areas in which the
Planning Commission deems the plans deficient.
(2)
Township Engineer. For each application for preliminary
subdivision or land development, the authorized Township Engineer
is responsible for reviewing all plans and documents submitted by
the applicant and for informing the Township of any nonconformance
with Township, county, state and federal laws and regulations. The
Township Engineer shall state what permits are required of each application
for subdivision or land development. The Township Engineer also shall
review each plan with respect to general planning issues.
(3)
Board of Supervisors.
(a)
When the Planning Commission submits its recommendations
to the Board of Supervisors, such plan shall be placed on the Board
of Supervisors' agenda for review and action.
(b)
In acting on the Preliminary Plan, the Board
shall review the plan and the written comments of the Planning Commission,
the Chester County Planning Commission, and all other reviewing agencies,
and comments from public hearings, if any, to determine its conformance
with existing ordinances.
[1]
The Board may request the modification of any
Subdivision or Land Development Plan and specify conditions, changes,
modifications, or additions thereto, which it deems necessary, and
may make its decision to grant Preliminary Plan approval subject to
such conditions, changes, modifications, or additions.
[2]
Whenever the approval of a Preliminary Plan
is subject to conditions, the written action of the Board, as prescribed
herein, shall (a) specify each condition of approval, citing relevant
ordinance provisions; and (b) require the applicant's written agreement
to the conditions. Where the applicant's written agreement is not
received within 30 days from the date the written action of the Board
is issued, the Board shall be deemed to have denied the application.
[3]
A decision for plan rejection shall include
a listing of the ways in which the Board deems the plans deficient
and shall cite specific sections of the statutes or ordinances relied
upon in the decision.
(c)
Before acting on a plan, the Supervisors may
hold a public hearing thereon, after giving proper public notice.
A.
Submittal procedure.
(1)
A plan shall be considered officially submitted only
upon the receipt by the Township Manager of the appropriate number
of plan copies with supporting documents, a completed official application
form, a completed Final or Minor Plan information checklist, a CAD
file that is in a format compatible with the Township’s program,
payment of the full application fee due, and the deposit of the necessary
escrow review fees as required by the Township. Official application
forms, checklist and information concerning the format for the CAD
may be obtained at the office of the Township Manager.
[Amended 3-28-2005]
(a)
The application shall not be considered complete until plan information, as required by § 320-20 and the Final or Minor Plan information checklist, is included with the submission. The initial determination of the completeness of the application shall be made by the Township Manager
(b)
If the application is determined to not comply
with the submittal requirements of this chapter, the application shall
be returned within five working days of filing, with a letter indicating
the specific provisions of the chapter that have not been complied
with.
(c)
A decision by the Township Manager to return
an application as incomplete under the provisions of this section
may be appealed to the Board of Supervisors within 30 days of notice.
In the absence of such appeal, the decision of the Township Manager
shall be deemed to be final. Subsequent applications shall be deemed
to be new applications.
(2)
The applicant shall submit to the Board of Supervisors, within one year after the Board's action on the Preliminary Plan in the case of Major Plans, at least 14 copies of the Final Plan, including all sheets, drawings and notes of the approved Final Plan, and complying fully with § 320-20 and Final or Minor Plan information checklist, for circulation as follows:
(a)
Two copies to the Township Manager;
(b)
One copy to the Township Planning Commission;
(c)
One copy to the Township Board of Supervisors;
(d)
One copy to the Township Engineer;
(e)
One copy to the Township Solicitor;
(f)
One copy to the Building Inspector;
(g)
Three copies for the Chester County Recorder
of Deeds;
(h)
One copy for the Chester County Planning Commission,
in the case of Minor Plans;
(i)
One copy for the Chester County Health Department
when applicable;
(j)
Two copies to be returned to the applicant;
and
(k)
Additional copies as the Township Board of Supervisors,
at its discretion, requires.
(3)
Prior to final approval of a Subdivision or Land Development
Plan, the applicant shall also submit to the Township deed descriptions,
prepared by a registered land surveyor, for:
(4)
In the case of Major Plan applications, the Final
Plan shall conform in all important respects with the Preliminary
Plan as previously approved by the Supervisors and shall incorporate
modifications and revisions specified by the Board in its conditional
approval of the Preliminary Plan. If it does not conform in all important
respects, the plan shall be considered as a revised Preliminary Plan
and shall be resubmitted with the fee required for a Preliminary Plan.
B.
Township review procedure. Before acting on any Final
Plan, the Board of Supervisors shall refer such plan to the Township
Planning Commission for review and recommendation and to the Township
Engineer for review and comments. The Township Board of Supervisors
shall not approve any plan until the Township Engineer has made a
final recommendation.
(1)
Township Planning Commission.
(a)
The Planning Commission shall review the plan
and the recommendations of the state and county agencies, the Township
Engineer, and any other review agencies.
(b)
After such review, the Planning Commission shall
send written notice of its recommendations, and the reasons therefor,
citing specific sections of the applicable statutes or ordinances
relied upon to the Board of Supervisors and the applicant.
(2)
Township Engineer. The Township Engineer shall review the Final Plan to determine that the information and contents required by this chapter, Chapter 370, Zoning, other laws, regulations and accepted engineering standards, and the conditions for Preliminary Plan approval, when applicable, are presented in the submitted plans. The findings of the Township Engineer shall be forwarded to the Planning Commission and Board of Supervisors for their consideration during review of the Final Plan.
(3)
Board of Supervisors.
(a)
When a Final Plan has been officially submitted
to the Board of Supervisors such plan shall be placed on its agenda
for review and forwarding to the Planning Commission.
(b)
Upon receipt of the recommendations of the Planning Commission, Township Engineer, and all other applicable reviewing agencies, and any other supporting information, the Board may, at one or more regular or special meetings, review the Final Plan and shall within the time limitations set forth in § 320-12, either approve or disapprove the plan.
(c)
The Board may specify conditions, changes, modifications,
or additions to the application which it deems necessary and may make
a decision to grant final approval subject to such conditions, changes,
modifications, or additions. Whenever the approval of a Final Plan
is subject to conditions, the written action of the Board as prescribed
herein shall:
(d)
Additional conditions of approval. Where applicable,
the following conditions shall also be met prior to Final Plan approval:
[1]
No Subdivision Plan or Land Development Plan
shall have final Township approval until the developer and the Township
Board of Supervisors enter into a written development agreement setting
forth the developer's obligations, including but not limited to compliance
with all Township ordinances, regulations and resolutions, all applicable
state and federal laws, and all conditions and safeguards specific
to the development. Such development agreement shall be recorded with
the Final Plan in the County Office of Recorder of Deeds. The developer
shall comply with all terms of such development agreement, with all
applicable laws, ordinances, regulations, resolutions and permits,
and with all approved plans, except only where changes to such plans
are authorized and approved in writing by the Township.
[2]
In the event that the subdivision or land development
requires improvements not already installed, the plan shall not have
final Township approval until the developer and the Township Board
of Supervisors enter into a financial security agreement setting forth
the developer's obligations. These obligations shall include, but
not limited to, completion of the planned improvements, immediate
correction of all foreseen and unforeseen soil erosion and stormwater
runoff problems that arise during development, and immediate posting
of an escrow account or other acceptable financial security sufficient
to guarantee construction of all required improvements. Such financial
security agreement shall be recorded with the Final Plan in the County
Office of Recorder of Deeds.
(e)
Copies of the Final Plan as approved, with the
appropriate endorsement of the Board of Supervisors, shall be distributed
as follows:
[1]
At least six copies, two of which shall be recorded in accordance with Subsection C below of this section, to the applicant. The applicant shall be responsible for distributing one copy to the Chester County Planning Commission and one copy to the Chester County Health Department.
[2]
Two copies to be retained in the Township files,
together with one copy of all supporting materials.
(f)
Before acting on a plan, the Supervisors may
hold a public hearing thereon, after giving proper public notice.
C.
Recording of Final Plan.
(1)
The Final Plan shall be acknowledged and recorded
in the Chester County Office of the Recorder of Deeds within 90 days
of final Township approval or within 90 days after the date of delivery
of an approved plan signed by the Supervisors, following completion
of conditions imposed for such approval, whichever is later. If these
conditions are not met, the approval shall be null and void. No Subdivision
or Land Development Plan shall be signed or released by the Township,
or recorded in the County Office of Recorder of Deeds, until and unless
it has final Township approval.
(2)
Within 15 days of recording by the Office of Recorder
of Deeds, the developer shall submit to the Board of Supervisors written
notice from that office of the recording of the approved Final Plan
and related agreements. No building permit or zoning permit for construction
on or use of any lot shall be issued until the Board of Supervisors
has received written notice from the Office of the Recorder of Deeds
of the recording of the approved Final Plan and related agreements.
A.
From the time an application for approval of a preliminary
or Final Plan is duly filed as provided in this chapter, and while
such application is pending approval or disapproval, no change or
amendment of the zoning, subdivision and land development or other
governing ordinance or plan shall affect the decision on such application
adversely to the applicant and the applicant shall be entitled to
a decision in accordance with the provisions of the governing ordinances
or plans as they stood at the time the application was duly filed.
B.
In addition, when a preliminary application has been
duly approved, the applicant shall be entitled to final approval in
accordance with the terms of the approved preliminary application
as hereinafter provided. However, if an application is properly and
finally denied, any subsequent application shall be subject to the
intervening change in covering regulations.
C.
When an application for approval of a preliminary
or Final Plan has been approved or approved subject to conditions
acceptable to the applicant, no subsequent change or amendment in
the zoning, subdivision and land development or other governing ordinance
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspects of the approved development
in accordance with the terms of such approval within five years from
such approval. Where final approval is preceded by preliminary approval,
the five-year period shall be counted from the date of the preliminary
approval.
D.
In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of the governing ordinances or plans as they stood at the time when
the application for such approval was duly filed.
E.
If land development in accordance with an approved
plan does not begin within five years of the date of the Preliminary
Plan approval, said approval shall expire and the submission of new
plans shall be required.
