Whenever any subdivision or land development is proposed, and before any permit for the erection of a structure shall be granted, the landowner or developer shall apply for and obtain approval of such proposed subdivision or land development in accordance with the procedures set forth herein for a preliminary plan and a final plan. Whenever a conditional use permit or special exception is required by Chapter 135, Zoning, for any use proposed or inherent in any proposed subdivision and/or land development, all applications therefor shall be filed and all plans, documents and other submissions required to accompany same shall be filed with the Township at the same time of filing for review of a preliminary plan for subdivision and/or land development. Further, whenever the landowner or developer opts to do so, a sketch plan may be submitted in accordance with the procedures for same set forth herein.
A sketch plan for any proposed subdivision and/or
land development may, at the option of the landowner or developer,
be submitted to the Township Planning Commission for review. The submission
of a sketch plan does not constitute submission of an application
for approval of a subdivision and/or land development plan. However,
it does represent a basis for an informal discussion between the Planning
Commission and the landowner or developer which may prove to be valuable
to the prospective applicant in formulating plans, documents and other
submissions for preliminary plan approval. In the event that the landowner
or developer submits a sketch plan, the following shall apply:
A.
Twelve copies of the sketch plan may be submitted
to the Township Secretary to be distributed as follows:[1]
(1)
One copy shall be retained by the Township Secretary
for Township files.
(2)
One copy shall be forwarded to the Township Engineer
for review and comment.
(3)
One
copy shall be forwarded to the Township Manager.
(4)
Three copies shall be forwarded to the Board of Supervisors.
(5)
Six copies shall be forwarded to the Planning Commission
Secretary, one of which shall be retained for Planning Commission
files and five of which shall be used for informal review and discussion
purposes by the Planning Commission.
(6)
In
addition to the paper plans and documents submitted, the landowner
or developer shall submit an electronic copy of all documents, plans,
submittals, etc. in Adobe® Portable Document Format (PDF) in a
version recommended by the Township Manager. Said PDF file(s) is to
be delivered on compact disc (CD-R) media or other media as recommended
by the Township Manager.
B.
In addition to furnishing copies of the sketch plan,
the landowner or developer shall identify the name, address and telephone
number of the holder of legal title to the land involved, the nature
of the landowner's interest in the land (whether holder of legal or
equitable title or otherwise), and the name, address and telephone
number of the agent, if any. Such information shall be provided in
writing.
C.
The sketch plan shall be submitted at least 14 days
prior to the regular monthly public meeting of the Township Planning
Commission at which the plan will be reviewed. Within this time period,
the Township Engineer will submit review comments on said plan by
letter or memorandum to the Secretary of the Planning Commission.
D.
The Planning Commission shall review the sketch plan
with the landowner or developer if such person attends the regular
monthly public meeting of the Planning Commission. In the event such
person does not attend said meeting, the Planning Commission Secretary
shall indicate any and all review comments pertaining to the plan
to the landowner or developer by written correspondence.
E.
The Planning Commission's review shall take into consideration the requirements of this chapter and all other Township ordinances, codes, regulations, plans and maps and pay particular attention to the following: the arrangement, location and width of streets and their relation to the topography of the site; the arrangement, size and location of lots and proposed structures if any; drainage; the relation of the subdivision and/or land development to the natural features of the site; the potential further development of adjoining lands which may not yet be subdivided; the compatibility of the sketch plan with the Comprehensive Plan; and the requirements set forth in Article IV pertaining to the sketch plan submission.
The preliminary subdivision and/or land development plan shall be prepared in accordance with the requirements set forth in Article IV pertaining to preliminary plan filing or submission. When a preliminary plan is filed the following shall apply:
A.
The applicant shall complete and sign the application
form provided by the Township and shall accompany such application
form with the type and number of plans, documents and other submissions
required and the appropriate filing fee(s). The applicant must identify
the name, address and telephone number of the record holder of legal
title to the land involved (if different from the applicant) the nature
of the applicant's interest in the land (whether holder of legal or
equitable title or otherwise), and the name, address and telephone
number of the agent, if any. No application shall be deemed filed
unless all requirements have been met and all fees therefor paid in
full.
B.
Twenty black line or blue line prints of the plans
forming preliminary plan and 20 neatly bound, clear and legible copies
of all required documents and other submissions shall be submitted
to the Township Secretary to be distributed along with copies of the
application form as follows:[1]
(1)
One copy of the application form and one copy of the
plan(s) and profiles shall be retained by the Township Secretary for
Township files.
(2)
One
copy to the Township Manager for review and comment.
(3)
One copy of the application form and one copy of the
plan(s), documents and other submissions shall be forwarded to the
Township Engineer for review and comment.
(4)
Three copies of the plan(s), documents and other submissions
shall be forwarded to the Board of Supervisors, one for each member.
(5)
One copy of the application form and one copy of the
plan(s), documents and other submissions shall be forwarded to the
planning consultant for review and comment.
(6)
Six copies of the plan(s), documents and other submissions
and one copy of the application form shall be forwarded to the Planning
Commission Secretary, one of each shall be retained for Planning Commission
files and five copies shall be used for review purposes by the Planning
Commission.
(7)
Four copies of the plan(s), documents and other submissions
and one copy of the application form shall be forwarded to the Delaware
County Planning Department for review and comment.
(8)
One copy of the plan(s), documents and other submissions
shall be forwarded to the Sewage Enforcement Officer for review and
comment.
(9)
Two copies of the plan(s), documents and other submissions
shall be forwarded to the Delaware County Conservation District for
review and comment.
(10)
In addition to the paper plans and documents submitted, the landowner
or developer shall submit an electronic copy of all documents, reports,
plans, submittals, etc. in Adobe® Portable Document Format (PDF)
in a version recommended by the Township Manager. Said PDF file is
to be delivered on compact disc (CD-R) media or other means as recommended
by the Township Manager. Additional electronic files may be required
by the Township Engineer.
C.
The preliminary plan and application for subdivision
and/or land development shall be submitted at least 21 days prior
to the regular monthly public meeting of the Township Planning Commission
at which the preliminary plan is to be reviewed. Within this time
period, the Township Engineer and the planning consultant may submit
review comments on said plan by letter or memorandum to the Secretary
of the Planning Commission with copies to the Township Secretary,
the Board of Supervisors and the Chairman of the Township Planning
Commission. The applicant shall notify the abutting owners that a
preliminary plan proposed for the subject tract has been filed. Such
notification shall occur at least 10 days prior to the aforementioned
meeting. Evidence of such notification shall be presented to the Planning
Commission at said meeting.
D.
The Planning Commission shall review the preliminary
plan at its regular monthly public meeting and discuss the plan(s)
with the applicant to determine if the plan meets the regulations
and standards set forth in this chapter and the other Township ordinances,
codes, regulations, plans and maps. The Planning Commission shall
submit its report to the Board of Supervisors for consideration at
the next regularly scheduled meeting of the Board following the completion
of the Planning Commission's review. A copy of said report will also
be given to the applicant.
E.
During the course of the Planning Commission's review of the preliminary plan and prior to any action by the Board of Supervisors within the required ninety-day period, the preliminary plan may be revised by the applicant. Eighteen copies of any revised preliminary plan shall be submitted which shall note the dates of any and all revisions and a summary of the nature thereof. Upon the submission of the revised preliminary plan, (which shall not be comprised of any plans, documents or other submissions theretofore submitted, unless the Planning Commission specifies to the contrary), the applicant shall sign a statement withdrawing any previously submitted preliminary plan from consideration and shall stipulate that a new ninety-day time period shall commence from the date of the Planning Commission's meeting next following the filing of the revised preliminary plan. The revised preliminary plan shall be submitted to the Township Secretary at least 14 days prior to a regular monthly public meeting of the Planning Commission. The revised preliminary plan shall be distributed by the Township Secretary on the basis as set forth in § 110-10B herein.
F.
After a report on the preliminary plan has been submitted
to the Board of Supervisors by the Planning Commission, the Board
shall place such preliminary plan on its agenda for review and action.
G.
Before acting on any preliminary plan, the Board of
Supervisors or the Planning Commission may hold a public hearing thereon
after public notice.
H.
In acting upon the preliminary plan, the Board:
[Amended 1-6-1992 by Ord. No. 65B]
(1)
Shall review the report and/or written comments of
the Planning Commission, Township Engineer, planning consultant and
county agencies, and comments from public hearings, if any, to determine
its conformance to this chapter and all other Township ordinances,
codes, regulations, plans and maps.
(2)
May modify any subdivision or land development plan
requirement upon the recommendations of the Planning Commission, and
may specify conditions, changes or additions thereto, which it deems
necessary.
(3)
May make its decision to grant approval of a preliminary
plan subject to conditions, changes or additions.
(4)
Whenever the Board of Supervisors approves a preliminary
plan subject to conditions, the applicant shall indicate in writing
whether such conditions are accepted or rejected within 15 days of
notification of the decision by the Board. Any approval by the Board
of Supervisors subject to conditions which is not accepted or rejected
by the applicant within the fifteen-day period shall be rescinded
automatically.
(5)
In the case where the Planning Commission has concluded
that the preliminary plan meets all requirements of a final plan,
then, upon the recommendation of the Planning Commission, the Board
of Supervisors may consider the preliminary plan as a final plan and
may act thereupon accordingly.
I.
The Board of Supervisors shall render a decision on
every preliminary plan and communicate it to the applicant not later
than 90 days following the date of the regular monthly public meeting
of the Planning Commission next following the date of the complete
application is filed, provided that should the Planning Commission
meeting occur more than 30 days following the filing of such application,
the said ninety-day period shall be measured from the thirtieth day
following the day the complete application has been filed.
J.
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to the applicant at the address shown on the application form
not later than 15 days following the decision, or at the end of the
above mentioned ninety-day period, whichever shall occur first.
K.
In the event the preliminary plan is not approved
in terms as filed, the decision shall specify the defects found in
the preliminary plan for subdivision and/or land development and describe
the requirements which have not been met and shall, in each case,
cite to the provisions of the statute or ordinance relied upon.
The final subdivision and/or land development plan shall be prepared in accordance with the requirements set forth in Article IV pertaining to final plan submission. When a final plan is filed the following shall apply:
A.
Within one year after the date of approval of the
preliminary plan, the applicant shall file a final plan and all supplementary
information, data and documents together with a completed and signed
application form provided by the Township and the appropriate filing
fees. No such application shall be deemed filed unless all requirements
have been met and all fees therefor paid in full.
B.
Unless an extension of time has been granted by the
Board of Supervisors upon written request of the applicant, a final
plan filed after the one-year period shall be considered a new preliminary
plan which shall be required to comply with all preliminary plan application
procedures and requirements of this chapter, and shall be subject
to a preliminary plan application fee.
C.
The Board of Supervisors may authorize submission
of the final plan in sections, each covering approximately 1/3 of
the entire area proposed for subdivision and/or land development or
1/3 of the number of buildings or other structures proposed for land
development as shown on the approved preliminary plan, provided that
the first final plan section shall be submitted within the aforementioned
one-year period, and the last final plan section shall be submitted
within three years after the date of preliminary plan approval.
D.
The final plan shall conform in all respects to the
preliminary plan as previously reviewed, and to which approval or
conditional approval was granted, or the plan shall be considered
as a new preliminary plan.
E.
Twenty copies of the plans, documents and other submissions comprising the final plan shall be filed with the Township Secretary who shall distribute copies of the final plan along with copies of the application form to those who also received the preliminary plan as set forth in § 110-10B herein, provided that the required fees and financial security associated with the completion guarantee have been filed therewith.[1]
F.
The final plan with the application for subdivision
and/or land development shall be submitted at least 21 days prior
to the regular monthly public meeting of the Township Planning Commission
at which the final plan is to be reviewed. Within this time period,
the Township Engineer and the planning consultant may submit review
comments on said plan by letter or memorandum to the Secretary of
the Planning Commission, the Board of Supervisors and the Chairman
of the Township Planning Commission.
G.
The Planning Commission shall review the final plan
at its regular monthly public meeting and discuss the final plan with
the applicant to determine if the final plan meets the regulations
and standards set forth in this chapter and all other Township ordinances,
codes, regulations, plans or maps. The Planning Commission shall promptly
submit its report to the Board of Supervisors for consideration at
the next regularly scheduled meeting of the Board following the completion
of the Planning Commission's review. A copy of the report will also
be given to the applicant.
H.
During the course of the Planning Commission's review of the final plan and prior to any action by the Board of Supervisors within the required ninety-day period, the final plan may be revised according to the procedure for preliminary plan revisions and as set forth in § 110-10E herein, and a new ninety-day review period will begin as also set forth in § 110-10E.
I.
After a report on the final plan has been submitted
to the Board of Supervisors by the Planning Commission, the Board
shall place such final plan on its agenda for review and action.
J.
Before acting on any final plan, the Board of Supervisors
or Planning Commission may hold a public hearing thereon after public
notice.
K.
The Board shall within the review period:
[Amended 1-6-1992 by Ord. No. 65B]
(1)
Review the recommendations of the Township Planning
Commission and other reviewing agencies.
(2)
Determine whether the final plan meets the requirements
of this chapter, other ordinances of the Township, and other applicable
regulations.
(3)
Approve or disapprove the final plan. Approval of
the final plan may include certain conditions of approval. Whenever
the final plan is approved subject to conditions, the applicant shall
indicate in writing whether such conditions are accepted or rejected
within 15 days of notification of the decision by the Board. Any approval
by the Board of Supervisors subject to conditions which is not accepted
or rejected by the applicant within the fifteen-day period shall be
rescinded automatically.
L.
The Board of Supervisors shall render a decision on
the final plan and communicate it to the applicant not later than
90 days following the date of the regular monthly public meeting of
the Planning Commission next following the date the complete application
was filed, provided that should the said meeting occur more than 30
days following the filing of the complete application, the said ninety-day
period shall be measured from the thirtieth day following the day
the complete application was filed.
M.
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to the applicant at the address shown on the application form
not later than 15 days following the decision, or at the end of the
above mentioned ninety-day period, whichever shall occur first.
N.
In the event the final plan is not approved in terms
as filed, the decision shall specify the defects found in the final
plan and describe the requirements which have not been met and shall,
in each case, cite to the provisions of the statute or ordinance relied
upon.
O.
In the event the final plan is approved, it shall
be signed by the following individuals:
(1)
An engineer, surveyor or other qualified professional
employed by the applicant, certifying that the monuments shown thereon
exist as located, and that all dimensions, topographic details and
other plan information is correct.
(2)
The applicant, signifying his or her acceptance of
the final plan approval.
(3)
The Township Engineer, signifying that he has examined
the final plan and that it conforms to all Township ordinances, codes,
regulations, plans and maps.
(4)
Two of the Supervisors, signifying the approval of
the final plan by the Board of Supervisors.
(5)
Three of the Planning Commission members, signifying
the review of the plan by the Planning Commission.
P.
When properly signed, the Township Secretary shall
distribute seven copies of the final plan on behalf of the Board of
Supervisors, as follows:
(1)
Two copies shall be returned to the applicant, together
with an executed copy of the subdivision agreement.
(2)
Two copies shall be forwarded to the applicant for recording purposes in accordance with § 110-14 herein.
(3)
One copy to the Secretary of the Township Planning
Commission.
(4)
One copy to the County Planning Department.
(5)
One copy shall be retained by the Township Secretary.
Q.
Approval of the final plan shall constitute approval of the subdivision and/or land development as to the character and intensity, the arrangement and approximate dimension of the streets, lots and other proposed features, but shall not authorize the sale or transfer of lots, or the development of land until construction is permitted to commence in accordance with § 110-15 herein. Nor shall such approval constitute a waiver or release, or assumption, by the Township of any requirements of any Township ordinances, codes, regulations, plans or maps.
R.
Every final plan approval shall be subject to the
following conditions:
(1)
The applicant shall execute a subdivision and land development agreement in accordance with § 110-13 herein.
(2)
The applicant shall execute a completion guarantee in accordance with Article VI herein, where deemed applicable by the Board of Supervisors.
(3)
The applicant shall tender a deed of dedication to
the Township, if requested by the Board of Supervisors, for public
improvements, easements and other appurtenances and improvements thereto,
after such improvements are completed and such completion is certified
as being satisfactory by the Township Engineer.
(4)
The filing with the Township of copies of all required
permits, approvals, agreements, clearances and the like from all required
governmental agencies (such as the Pennsylvania Department of Transportation,
the Pennsylvania Department of Environmental Protection, and/or the
Township); authorities and companies which may provide water supply
or sewage disposal facilities; and pipeline easement holders or others.
[Added 5-7-2008 by Ord. No. 120]
A.
Residential subdivisions and land developments.
(1)
In reviewing a sketch plan, preliminary plan or preliminary/final
plan for a proposed subdivision or land development, other than a
one-lot residential subdivision, the Township Planning Commission
shall consider the needs of the prospective residents for recreational
lands and/or facilities, whether on-site or off-site, and shall discuss
its findings in relation to the requirements of this section.
(2)
The Board of Supervisors, upon recommendation of the
Planning Commission, shall determine whether the public dedication
of land suitable for open space or recreation as intended by the developer;
or, upon agreement with the applicant or developer, the construction
of recreational facilities, the payment of fees in lieu of setting
aside such land, the private reservation of the land, or a combination
thereof, for park or recreation purposes is to be imposed as a condition
precedent to final approval of the plan. It is the intent of the Township
to further and more effectively implement the Chadds Ford Township
Comprehensive Plan and the Township Open Space Plan as they relate
to open space, recreation, and natural feature protection needs within
Chadds Ford Township. Residential development creates demands for
local recreational lands and facilities, and developers of residential
land need to contribute proportionately to meeting that demand.
[Amended 9-4-2013 by Ord.
No. 125]
(3)
Land meeting other objectives.
(a)
The Board of Supervisors, at its sole discretion,
may determine that land within the tract that meets other objectives
can satisfy some or all of the requirements of this section. It shall
be the burden of the applicant to demonstrate why such land is a suitable
alternative to recreational lands and/or facilities and how such land
will serve the residents of the development. In reaching its decision,
the Board shall evaluate the applicant's proposal in relation to objectives
and factors that may include, among others:
[1]
Opportunities for passive recreation.
[2]
Protection of important and characteristic scenic
and/or natural features, particularly where such features are delineated
in the Chadds Ford Township Open Space Plan.
[3]
Retention, creation, and/or improvement of important
trail linkages or corridors.
[4]
Neighborhood or subneighborhood scale park areas
designed especially for the ages and needs of the prospective new
residents, e.g., tot lots, fitness trail, etc.
(b)
The applicant must also demonstrate that the
active recreational needs of the residents are adequately addressed
by the applicant's proposal, and that the proposed alternative is
consistent with the Township's open space goals and programs, including
but not limited to those presented in the Chadds Ford Township Open
Space Plan.
(4)
Where the Board of Supervisors determines that the preliminary plan does not provide land and facilities meeting the criteria of Subsection A(2) or (3) above, the Board of Supervisors may accept a fee in lieu of the required recreational lands and facilities, as set forth in Subsection A(8), below.
(a)
The Board, in its sole discretion, may accept
a combination of land, facilities, and fee where that arrangement
best meets the purposes of this section and the needs of Township
residents.
(b)
Where a combination of land, facilities, and
fee is proposed, the applicant may request that, in determining the
partial fee amount, the Board give appropriate credit for the value
of any improvements within the open space that may be proposed, including
trails. The Board may give the applicant credit for some, all, or
none of such value.
(5)
In determining whether the applicant may pay a fee
in lieu of recreational lands and/or facilities within the proposed
development, the Board of Supervisors may, as it deems appropriate,
be guided by the following additional criteria:
(a)
The provisions of the Township's Comprehensive
Plan and Open Space Plan.
(b)
The proximity of the proposed development to
existing or proposed public open space and recreational areas.
(c)
The natural and scenic characteristics of the
tract on which the development is proposed and their compatibility
with active and passive recreation.
(d)
Any existing commitments of the Township to
purchase or improve land for open space and recreational purposes.
(6)
The standards of this section are intended to apply
to all residential subdivisions and land developments, including applications
submitted for any single-family, two-family and multifamily development,
and mobile home parks.
(7)
Where the Board determines that a set-aside of land
and the provision of recreational facilities within the tract proposed
for development will satisfy the requirements of this section, the
minimum amount of such land to be set aside shall be calculated on
the basis of one acre per 20 new dwelling units to be constructed
on the tract, or the proportional equivalent thereof. The type and
extent of recreational facilities shall be as determined appropriate
by the Board of Supervisors.
(8)
Standards for the payment of fees in lieu of land
and/or recreational facilities.
(a)
Where a fee is to be provided in lieu of the
set-aside of land and/or facilities for active recreation:
[1]
The amount of the fee in lieu of recreational land shall be equal to the fair market value of the land required by Subsection A(7). The fair market value of one acre of land shall be established by dividing the total Township assessment of the previous year by the number of acres in Chadds Ford Township, i.e., 5,568 acres. (By way of example, the total assessment of Chadds Ford Township
for 2012 as established by the County of Delaware was $533,017,484.
$533,017,484 divided by 5,568 acres in Chadds Ford Township equals
$95,728.71 per acre. $95,728.71 divided by 20 units equals $4,786.00,
the amount of fee-in-lieu per dwelling unit.)
[Amended 9-4-2013 by Ord.
No. 125]
[2]
The amount of the fee in lieu of recreational facilities shall be equal to the amount determined by Subsection A(8)(a)[1]. This fee shall be separate from and, where applicable, in addition to the fee in lieu of recreational land set forth in Subsection A(8)(a)[1]. The Board, at its sole discretion, may accept a lesser fee amount for recreational facilities, upon request of the applicant, based upon the type, characteristics, and amounts of such facilities that the Board would deem appropriate for the site. In so determining, the Board may take into account the location of the site, the recreational needs of the expected population to be served, and the type and availability of recreational facilities elsewhere in the Township.
[3]
Where the Board of Supervisors determines that
a combination of land/facilities and fee is to be provided, the amount
of the fee shall be prorated in accordance with the amount of land
to be set aside and the value of facilities to be provided.
(c)
The full amount of the fee, as determined by Subsection A(8)(a), shall be paid or otherwise secured in a manner deemed acceptable by the Board of Supervisors, as a condition of final plan approval and prior to recording the approved final plan.
(d)
All fees received pursuant to this section shall
be placed in a special capital reserve fund for open space and recreation,
the purpose of which shall be to hold, invest and disburse such monies.
Disbursements from this fund shall be made from time to time as the
Board shall deem appropriate, only in conjunction with the planning,
purchase, improvement, replacement, and addition to Township lands
for use as open space and recreation for the benefit of the citizens
of the Township as provided for in the Second Class Township Code[1] or other applicable rules, regulations, or statutes. All
sums received for and deposited in the Open Space Fund shall be held,
invested, and reinvested in the same manner as other funds of the
Township, but shall not be considered part of the general revenues
of the Township.
[1]
Editor's Note: See 53 P.S. § 65101
et seq.
(9)
Characteristics and design standards for recreational
lands and facilities. In designing lands for recreational purposes
within the subdivision or land development plan, the following criteria
and standards shall be adhered to by the applicant. Areas shall be:
(a)
Consistent with the Township's Comprehensive
Plan and the Township's Open Space Plan.
(b)
Suitable for recreational uses, unless deemed
acceptable by the Board for other purposes, and in any case without
interfering with adjacent dwelling units, parking, driveways, and
roads.
(c)
Comprised of open land which contains none of the following features: floodplains, woodlands, slopes exceeding 15%, wetlands, and surface waters, except where the Board specifically accepts land with such features as satisfying the purposes of this section, consistent with Subsection A(3), above.
(d)
Interconnected with park land or with open space
areas on abutting parcels wherever possible.
(e)
Comprised of areas not less than 100 feet in
width and not less than 15,000 square feet of contiguous area, except
that the minimum width may be reduced to not less than 10 feet where
that portion of the open space is being used solely as a trail corridor.
(f)
Provided with sufficient perimeter parking when
necessary, and with safe and convenient access by adjoining street
frontage or other rights-of-way or easements capable of accommodating
pedestrian, bicycle, maintenance equipment, and other vehicular traffic,
and containing appropriate access improvements.
(g)
Undivided by any public or private streets,
except where necessary for proper traffic circulation, and then only
upon recommendation of the Township Engineer and Township Planning
Commission.
(h)
Free of all structures, except those related
to outdoor recreational use.
(i)
Suitably landscaped, whether by retaining existing
natural cover and/or by a landscaping plan, for enhancing open space
areas through plantings which are consistent with the purposes of
this section and which minimize maintenance costs.
(j)
Where the land is not dedicated to the Township,
the land shall be made subject to the terms of a conservation easement
for the purpose of preserving the open space land for the purposes
intended.
B.
Nonresidential subdivisions and land developments.
(1)
Statement of intent. The Board of Supervisors, upon
recommendation of the Planning Commission, shall require and determine
whether the public dedication of land, suitable for the use intended,
or, upon agreement with the applicant or developer, the construction
of recreational facilities, the payment of fees in lieu of the public
dedication of land, the private reservation of land, or a combination
thereof, for park or recreation purposes is to be imposed as a condition
precedent to final approval of the plan. It is the intent of the Township
to further and more effectively implement the Chadds Ford Township
Comprehensive Plan and the Township Open Space Plan as they relate
to open space, recreation, and natural feature protection needs within
Chadds Ford Township. Nonresidential development creates additional
demands upon local recreational lands and facilities, and developers
of nonresidential land need to contribute proportionately to meeting
that demand.
[Amended 9-4-2013 by Ord.
No. 125]
(2)
Required recreational lands and facilities or fees
in lieu thereof.
(a)
Except as exempted in Subsection B(2)(b), below, any proposed nonresidential subdivision or land development shall provide recreational lands and facilities. The Board of Supervisors may accept, pursuant to Subsection A(4) herein, a fee in lieu of the required recreational lands and facilities, and/or fees in lieu thereof in accordance with the terms of this chapter. These requirements are designed to address the demand for park and recreational facilities resulting from the additional employees, customers, and/or clients that will be generated by the proposed development.
(b)
Applications for subdivision or land development
approval where the principal uses are to be agricultural shall be
exempt from the provisions of this section.
(c)
For commercial developments, the Board of Supervisors
may consider the permanent set-aside or dedication of on-site lands
and facilities, or a combination of land, facilities, and fees, or
the payment of a fee in lieu thereof. The applicant must demonstrate
how the chosen alternative will meet the purposes of this subsection
and the recreational demands created by the proposed development.
In deciding upon a request, the Board shall also consider:
[1]
Whether the location is especially important
to complement other existing or proposed recreational or open space
lands, or to meet the needs of an area with particularly strong demands;
[2]
If the site is particularly well-suited in response
to broader public demand beyond that generated by the site itself;
[3]
The potential relationship to future Township
plans and programs; and
(d)
Where the Board determines that a set-aside
of land and facilities within the tract proposed for development will
satisfy the requirements of this section, the minimum amount of such
land to be set aside shall be calculated on the basis of 250 square
feet of land meeting the criteria of this section to be set aside
per each 500 square feet of gross floor area, or portion thereof,
for the principal use of the property. The type and extent of recreational
facilities shall be as determined appropriate by the Board of Supervisors.
(e)
Characteristics and design of lands to be set aside shall be in accordance with the standards in Subsection A(9), above.
(f)
Responsibility for ownership and maintenance
of on-site recreational lands and trails facilities shall remain with
the developer or subsequent owner of the site, unless the Board accepts
an offer of dedication of some or all of the land.
(g)
Where a fee is to be accepted in lieu of the
set aside of land and facilities:
[Amended 12-14-2009 by Ord. No. 122; 9-4-2013 by Ord. No. 125]
[1]
The amount of the fee-in-lieu of recreational land/recreational facilities shall be equal to 250 square feet of land to be set aside per each 500 square feet of gross floor area or part thereof. The value of the land shall be determined to be equal to the fair market value of one acre of land in Chadds Ford Township as set forth in § 110-12A(8)(a)[1] above. [By way of example. . .the total assessment of Chadds Ford for 2012 as established by the County of Delaware was $533,017,484. $533,017,484 divided by 5,568 acres in Chadds Ford equals $95,728.71 per acre. $95,728.71 divided by 43,560 square feet (number of square feet in an acre) equals $2.19 per square foot.] The Board in its sole discretion may waive or accept a lesser amount for recreational facilities, upon request of the applicant, based upon the type, characteristics, and amounts of such facilities that the Board would deem appropriate for the site. In so determining, the Board may take into account the location of the site, the recreational needs of the expected population to be served, and the type and availability of recreational facilities elsewhere in the Township.
C.
Where the fee is to be provided in lieu of the set aside of recreational
land and/or facilities, for residential or commercial development,
the amount of the fee-in-lieu shall be set from time to time by resolution
of the Board of Supervisors.
[Added 9-4-2013 by Ord.
No. 125]
Every applicant who seeks to obtain final plan approval shall execute an agreement upon a form to be provided and approved by the Township before the final plan is signed by the Board of Supervisors, and filed and recorded in accordance with §§ 110-11P and 110-14 herein, respectively. The agreement shall include but ned not be limited to the following:
A.
That the applicant agrees that he will accurately lay out and properly construct all improvements and fulfill all practices according to the plans, profiles, notes and other forms of documentation filed as part of the final plan as approved, where any or all of these improvements or practices are required as conditions of approval; and that the applicant will file an as-built plan in accordance with § 110-16 herein to confirm same.
C.
That the applicant guarantees completion and maintenance of all improvements by means of acceptable forms of financial security to the Township as set forth in Article VI herein.
D.
That the applicant agrees to tender a deed of dedication
to the Township if requested by the Board of Supervisors for public
improvements, easements and other appurtenances and improvements thereto,
except that the Township shall not accept any offer of dedication
of same by ordinance or resolution until their completion is certified
as being satisfactory by the Township Engineer.
E.
That the applicant shall pay the Township all of its
costs in connection with snow removal from the streets in the subdivision
or land development that are to be offered for dedication until such
time as such dedication is duly accepted by the Board of Supervisors.
F.
That the applicant shall comply fully with all of
the terms and conditions of this chapter as the same relate to the
subdivision or land development and all other Township ordinances,
codes, regulations, plans and maps.
G.
That the applicant, in the event that any proposed
street not be intended to be offered for dedication or not accepted
by the Board of Supervisors, accept stipulations which shall be noted
on the final plan, such as the following:
(1)
That the Township shall not be responsible for repairing
or otherwise maintaining any undedicated streets.
(2)
That the method of assessing repair and maintenance
costs of undedicated streets shall be established in recorded deed
restrictions so as to be binding on all successors, assigns or grantees.
(3)
That if dedication be sought at any time, the street
shall conform in its entirety to Township design standards for same
in all respects; or that the owners of the lots shown on the approved
final plan, at their own expense, restore the street to conform with
or otherwise render the street in conformance with such standards.
A.
Within 90 days after the applicant executes the subdivision and land development agreement and the completion guarantee, as set forth in Article VI herein, the applicant shall thereupon cause one copy of the final plan to be recorded in the office of the Recorder of Deeds in and for the County of Delaware, Pennsylvania, and shall notify the Board of Supervisors in writing, certified mail return receipt requested, of the date of such recording, and the Plan Book and page in which the same has been recorded. Should the plan not be recorded within such period, the action of the Board of Supervisors in approving the final plan shall be null and void.
B.
The final plan to be recorded shall be an exact counterpart
of the approved final plan prepared in accordance with the provisions
of this chapter and shall be filed with the Recorder of Deeds before
proceeding with the sale of lots or construction of buildings or other
structures, or improvements.
A.
Upon filing with the Township of a copy of the Recorder
of Deeds receipt for the recording of the final plan, the Township
Secretary shall issue a subdivision and land development permit to
the applicant. No construction shall be commenced until the subdivision
and land development permit has been issued by the Township along
with any other Township permits, when applicable, such as a grading,
soil erosion and sedimentation control, and stormwater management
permit and/or a building permit.
B.
No construction shall be commenced until the applicant
files with the Township Secretary all permits, approvals, clearances
and the like from government agencies (such as those from the Pennsylvania
Department of Transportation, the Pennsylvania Department of Environmental
Protection and/or the Township); authorities and companies which may
provide water supply or sewage disposal facilities; and pipeline easement
holders or others.
C.
The applicant shall commence construction of improvements
within three years from the approval date of the final plan, and unless
such construction shall have started and not been abandoned, the final
plan shall be null and void, and the approval therefor granted shall,
at the expiration of such three-year period, be revoked without further
action.
[Amended 12-14-2009 by Ord. No. 122]
After final plan approval and upon completion of all required improvements, the applicant shall submit an as-built plan prepared by an engineer or surveyor showing the location, dimension and elevation of all improvements in accordance with §§ 110-23 and 110-42 herein. Said plan shall indicate that the resultant grading, drainage, and sedimentation and erosion control practices are in conformance with the previously approved drawings and specifications. Said plan shall note any and all deviations from the previously approved drawings and specifications. Three paper copies and one electronic copy of the as-built plan shall be filed with the Township Secretary, who shall distribute one paper copy to the Board of Supervisors, one paper copy to the Township Engineer, and one paper copy and the electronic copy to the Secretary of the Township Planning Commission.
