Final authority for approval or denial of approval
for all preliminary and final subdivision and land development plans
shall be vested in the Board of Supervisors. However, prior to action
by the Board of Supervisors, all such plans shall be referred to the
Township Planning Commission for review and recommendation; provided,
however, that the failure to make such referral and/or the failure
of the Planning Commission to review and/or make a recommendation
with respect to any such plan shall not affect the validity of any
action taken by the Board of Supervisors with respect to any such
plan.
[Added 3-4-2010 by Ord. No. 02-2010]
A. The applicant and representatives of the Township, who may include
but need not be limited to a member or members of the Planning Commission,
Historical Commission, and Open Space Committee, shall arrange and
conduct a site inspection of the property when required by the Township
or requested by the applicant. As deemed appropriate by the Township,
professional consultants also may participate on behalf of the Township.
Should the applicant subsequently submit a formal preliminary plan
for this tract, he shall, as part of that application, include reimbursement
to the Township for any costs associated with the professional consultants'
participation in the site inspection.
[Amended 11-29-2018 by Ord. No. 06-2018]
B. The
purpose of the site inspection is to assure that Township officials
are familiar with the property’s existing conditions and special
features, to identify potential site design issues and examine development
approaches the applicant may be considering, and to provide an informal
opportunity to discuss the site design concepts, including the general
layout of open space areas (if applicable) and potential locations
for proposed buildings and proposed street alignments.
C. Comments
by Township representatives shall be interpreted as suggestive only.
It shall be understood by all parties that no formal recommendations
can be offered and no official decisions can be made at the site inspection.
D. Following
the site inspection and prior to the submission of a plan, the applicant
will have the opportunity to meet with the Planning Commission, Historical
Commission, and/or Open Space Committee to discuss the findings of
the site inspection for purposes of developing a mutual understanding
of the general approach to subdividing and/or developing the tract.
At the discretion of the Township, this conference may be combined
with the site inspection. A written summary of the site inspection
findings and subsequent discussions shall be prepared by the applicant.
Such summary shall be submitted by the applicant to the other parties
to the site inspection, who will be encouraged to express concurrence
and/or discuss their findings with the applicant prior to the preparation
of any plan. A copy of the written summary shall be submitted to the
Board of Supervisors.
[Amended 12-30-2004 by Ord. No. 04-07; 10-3-2019 by Ord. No. 07-2019]
A. The Planning Commission shall, at a regular meeting at which the
applicant's attendance is encouraged, consider the suitability of
the sketch plan for the development of the land and its relationship
to the harmonious extension of streets and utilities, arrangement
and density of housing, provisions for open space and trails, and
compatibility of the plan with the Comprehensive Plan for the Township.
Based on this review, the Planning Commission shall provide comments
to the applicant; provided, however, that the failure of the Planning
Commission to submit comments in writing shall not be deemed to be
an approval of any application or to vest any rights in the applicant.
B. The applicant may, but need not, request further review of the sketch
plan by the Board. If further review is requested, the Board may consider
the sketch plan, may consider the comments of the Planning Commission,
and may advise the applicant as to the Board's comments with respect
to the sketch plan; provided, however, that the Board is not required
to review the sketch plan nor to submit comments to the applicant
if the Board does review the sketch plan.
C. Nothing herein contained, nor the failure of the Planning Commission
or the Board, or both, to proceed or act in accordance with this section,
shall be deemed to be a decision with respect to any subdivision or
land development plan or to vest any rights in the applicant.
The applicant shall execute an agreement, to
be approved by the Township, before the final plan is released by
the Board of Supervisors and filed on record. Said agreement shall
specify the following, where applicable:
A. The applicant agrees that he will lay out and construct
all streets and other improvement, including grading, paving, curbs,
gutters, sidewalks, streetlights, fire hydrants, water mains, street
signs, shade trees, storm and sanitary sewers, landscaping, traffic
control devices, open space areas, erosion and sediment control measures,
and any other improvements in accordance with the final plan as approved,
where any or all of these improvements are required as conditions
of approval.
B. The applicant guarantees completion of all improvements by means of a type of financial security acceptable to the Township, as specified in §
350-18B of this chapter.
C. The applicant agrees to tender a deed or deeds of
dedication to the Township for such streets and for such easements
for sanitary and storm sewers, sidewalks, manholes, inlets, pumping
stations, and other appurtenances as shall be constructed as public
improvements, provided that the Township shall not accept dedication
of such improvements until their completion is certified as satisfactory
by the Township Engineer.
D. Whenever an applicant proposes to establish or continue
a street which is not offered for dedication to public use, the Board
of Supervisors shall require the applicant to submit, and also to
record with the plan, a copy of an agreement made with the Board on
behalf of himself and his heirs and assigns, and signed by him, and
which shall establish the conditions under which the street may later
be offered for dedication, and shall stipulate, among other things:
(1) That an offer to dedicate the street shall be made
only for the street as a whole.
(2) That the Township shall not be responsible for repairing
or maintaining any undedicated streets.
(3) That the method of assessing repair and maintenance
costs of undedicated streets be stipulated, and be set forth in recorded
deed restrictions so as to be binding on all successors or assigns.
(4) That the deeds to those lots abutting such street
shall state that, if dedication be sought, the street shall conform
to Township specifications or that the owners of the abutting lots
shall, at their own expense, restore the street to conformance with
Township specifications.
[Amended 12-30-2004 by Ord. No. 04-13]
A. Where the improvements set forth in § 509(a) of the Municipalities
Planning Code are not completed prior to approval of the final plan, the applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including but not limited to streets, walkways, curbs, gutters, streetlights, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings, and, except as provided for in Subsection
F hereof, water mains and other water supply facilities, fire hydrants, sanitary sewage disposal facilities, and improvements subject to the terms of a PennDOT highway occupancy permit. The applicant shall not be required to provide financial security for the cost of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit.
[Amended 11-29-2018 by Ord. No. 06-2018]
B. Financial
security required herein shall be in the form of a federal- or commonwealth-chartered
lending institution irrevocable letter of credit, a restrictive or
escrow account in such institution or surety bond from a financially
responsible bonding company, or such other type of financial security
which the Township may, in its reasonable discretion, approve. The
bonding company may be chosen by the party posting the financial security,
provided that the said bonding company or lending institution is deemed
acceptable by the Township in terms of being financially responsible,
is authorized to conduct business within the commonwealth, stipulates
that it will submit to Pennsylvania jurisdiction and Chester County
venue in the event of legal action, and will, at the time of giving
the bond, designate its agent for accepting service in Pennsylvania.
C. The said
financial security shall provide for, and secure to the public, the
completion of all subdivision improvements for which such security
is being posted within one year of the date fixed in the subdivision
plan and subdivision agreement for completion of such improvements.
D. The amount of financial security shall be equal to 110% of the cost
of the required improvements for which the financial security is to
be posted. The cost of the improvements shall be established by submission
to the Board of Supervisors of a bona fide bid or bids from the contractor
or contractors chosen by the party posting the financial security
to complete the improvements, or, in the absence of such bona fide
bids, the costs shall be established by estimate prepared by the applicant's
engineer for review and approval by the Township Engineer. If the
party posting the financial security requires more than one year from
the date of posting of the financial security to complete the required
improvements, the amount of financial security shall be increased
by an additional 10% for each one-year period beyond the first anniversary
date from posting of financial security or to an amount not exceeding
110% of the cost of completing the required improvements as reestablished
on or about the expiration of the preceding one-year period by using
the above bidding procedure.
[Amended 11-29-2018 by Ord. No. 06-2018]
E. In the
case where development is projected over a period of years, the Board
of Supervisors may authorize submission of final plans by section
or stage of development, subject to such requirements or guarantees
as to improvements in the future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development and consistent with the terms of § 10508(4)
of Act 247.
F. If water mains, sanitary sewer lines, and/or improvements subject
to the terms of a PennDOT highway occupancy permit, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Township, or under the jurisdiction
and pursuant to the rules and regulations of PennDOT, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling utility, authority,
or department and shall not be included within the financial security
as otherwise required by this section.
[Amended 11-29-2018 by Ord. No. 06-2018]
G. As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing, addressed to the Board of Supervisors, and the Board shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board his independent evaluation of the proper amount of partial releases. The Board may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements as per §
350-58E of this chapter.
[Amended 10-3-2019 by Ord. No. 07-2019]
Upon the approval of a final plan by the Board and execution
of a subdivision and land development agreement and posting of the
necessary performance guarantee, the applicant shall, within 90 days
of such final approval or 90 days after the date of delivery of an
approved plan signed by the governing body, following completion of
conditions imposed for such approval, whichever is later, record a
full and complete copy of such plan in the office of the Recorder
of Deeds of Chester County.
The continuing validity of any approval of plans
in accordance with this article shall be subject to those limitations
established by Section 508(4) of Act 247.
Major modifications of the approved plan, as
determined by the Township, shall be resubmitted and reprocessed in
the same manner as the original plan. All site disturbance activities
shall cease pending approval of modified plans.