The Board of Supervisors shall enforce the provisions of this
chapter. The Board of Supervisors and Planning Commission shall keep
a record of all their findings, decisions and recommendations relative
to all subdivision and/or land development plans filed with them for
review. Such records shall be retained as required by the Retention
and Disposition Schedule for Pennsylvania municipalities.
All subdivision and/or land development applications shall be
reviewed in accordance with all provisions of this chapter.
A. The Township Planning Commission shall review all sketch, preliminary
and final plans. All plans (with the exception of some sketch plans
at the discretion of the Planning Commission) shall be submitted by
the Planning Commission to the Chester County Planning Commission
and Township Engineer for their review and recommendations. Written
reports from these and all other reviewing agencies or persons shall
be considered by the Planning Commission in making its final decision
for approval or denial. Written notice of the Planning Commission's
action, with all other review reports attached, shall be sent to the
Board of Supervisors.
B. The Board of Supervisors shall review all sketch, preliminary and
final plans. The Board's review shall take into consideration
all recommendations of the Planning Commission and other reviewing
agencies or persons.
The Board of Supervisors, by resolution, shall establish a schedule
of fees and collection procedures for all applications, reviews, inspections,
filings and legal costs.
Before the final plan is signed by the Board of Supervisors,
the applicant shall submit an agreement, subject to the approval of
the Board of Supervisors, providing for, but not limited to, the following,
where applicable:
A. In accordance with the approved final plan, the applicant will lay
out and construct all streets and other improvements, including, but
not limited to, grading, paving, curbs, gutters, sidewalks, streetlights,
fire hydrants, water mains, street signs, shade trees, storm and sanitary
sewers, stormwater management structures, landscaping, traffic control
devices, open space areas, and erosion and sediment control measures.
B. The applicant agrees to tender a deed or deeds of dedication to the
Township for all streets, easements, sanitary and storm sewers, sidewalks,
manholes, inlets, pumping stations and other appurtenances constructed
as public improvements.
C. The applicant shall sign a tri-party agreement with a financial institution and the Township guaranteeing and securing completion of the improvements listed in Subsection
A, except as provided for in Subsection
E, within one year of the date of the approved plan.
(1)
The applicant may choose the financial institution, provided
the institution is authorized to conduct business within the commonwealth
and stipulates that it will submit to Pennsylvania jurisdiction and
Chester County venue in the event of legal action.
(2)
The applicant shall deposit with the Township an escrow account
in an amount equal to 110% of the cost of the improvements, based
on a construction cost estimate prepared by a bona fide contractor
and reviewed and approved by the Township Engineer, whose decision
shall be final.
(3)
If the improvements are not completed within the one-year period,
the Township shall have the right to withdraw the escrow funds to
complete the improvements, or shall require the financial security
be increased by an additional 10% for each succeeding year beyond
the first posting date of the security or to an amount not exceeding
110% of the cost of completing the required improvements as reestablished.
(4)
During the improvements installation the applicant may request release of escrow funds for payment to the contractor for completion of, or portions of, the improvements. Requests shall be in writing to the Board of Supervisors who will authorize the Township Engineer to review and certify, in writing, within 45 days, that the work has been completed in accordance with the approved final plan. The Township Engineer shall not be bound to the amount requested, but shall certify his independent evaluation of the proper amount for release. In addition, the Board may require retention of 10% of the estimated cost of the aforesaid improvements as per Subsection
C(3) of this section. Upon certification by the Township Engineer, the Board shall authorize release of the funds by the financial institution to the applicant.
D. 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 developments, subject to such requirements or
guaranties as it finds essential for the protection of any finally
approved section of the development, and consistent with the terms
of the Municipalities Planning Code.
E. If water mains 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 separate and distinct from the
Township, financial security to assure proper completion and maintenance
thereof shall be posted in accordance with the regulations of the
controlling public utility and shall not be included within the financial
security as otherwise required by this section. A copy of this agreement
shall be filed with the Township.
[Amended 7-22-2002 by Ord. No. 2002-5]
Within 90 days of the Board's execution of the subdivision
and land development agreement and performance guaranty, the final
title plans shall be recorded by the applicant in the office of the
Recorder of Deeds of Chester County and the required number of copies
of the final plan bearing the stamp of the Recorder of Deeds shall
be submitted to Westtown Township.
No construction or land disturbance activities (not including soil or percolation testing, well drilling or similar engineering or surveying activities) shall be commenced until the final plan has been recorded in compliance with §
149-404.
The applicant shall construct all streets, together with all other improvements, including, but not limited to, grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas, and erosions and sediment control measures in conformance with the final plan as approved. All construction shall conform to the applicable provisions of the PennDOT Specifications 408, and/or the latest revision hereto, and other applicable regulations. See Article
IX of this chapter.
[Amended 7-22-2002 by Ord. No. 2002-5]
A. The construction or installation of all improvements shall at all
times be subject to inspection by representatives of the Township.
If such inspection reveals that work is not in accordance with approved
plans and specifications, that construction is not being done in a
workmanlike manner, or that erosion or sediment controls are failing
to prevent accelerated erosion or waterborne sediment from leaving
the site of construction, the said representative is empowered to
require corrections to be made and to issue a cease-and-desist order
which may include any or all of the following sanctions:
(1)
That all site work shall cease and desist except what is necessary
to make corrections (whether on or off site).
(2)
That all construction on any lots for which a building permit
has been issued shall cease.
(3)
That no further building permits for any lots shall be issued.
(4)
That no lot in the subdivision shall be conveyed or placed under
agreement of sale.
B. The said cease-and-desist order shall be rescinded upon determination
by the Township that the said defects or deviations from the plan
requirements have been corrected.
C. No underground pipes, structures, subgrades or base course shall
be covered until inspected and approved by the Township. A minimum
of seven inspections by the designated representative shall be required.
These inspections shall occur at the following stages of construction:
(1)
Upon completion of rough grading, but prior to placing the topsoil,
installation of permanent drainage or other site improvements, or
establishing covers.
(2)
Upon excavation and compaction of subgrade.
(3)
Upon excavation, installation and compaction of drainage structures,
sewage or water supply systems.
(4)
Before placing stone base course, or before initial layer of
screening.
D. The applicant shall notify the designated representative of the Township
at least 24 hours in advance of completion of any construction operations
requiring inspections.
Within 30 days after completion and Township approval of subdivision
and/or land development improvements as shown on final plans, and
before Township acceptance or dedication of such improvements, the
applicant shall submit to the Board a corrected copy of said plans
showing actual dimensions and conditions of streets and all other
improvements, certified by a professional engineer to be in accordance
with actual construction.