[Ord. 2016-2267, 10/11/2016]
The standards, requirements, and procedures contained in this
Part shall govern the submission and processing of all applications
for subdivision and/or land development in the Borough.
[Ord. 2016-2267, 10/11/2016]
1.
Types of Plans.
A.
Sketch Plan. A sketch plan may be submitted by the subdivider or
developer as a basis for informal discussion with the Borough staff,
Planning Commission or Borough Council, as well as the Chester County
and Regional Planning Commissions. The Borough recommends that applicants
consider submitting a sketch plan to obtain feedback and guidance
prior to submitting a preliminary or preliminary/final plan application.
B.
Preliminary Plan. A preliminary plan is required to be submitted for all proposals for subdivision and/or land development in accordance with the requirements of § 22-303, Preliminary Plan Requirements and Procedure, and the Subdivision and Land Development Checklist.[1] Preliminary plans are submitted to obtain a preliminary
approval from Borough Council. A preliminary approval, in the absence
of a final approval, protects the plan from any ordinance changes
for a period of five years or as provided by law. A final plan may
be submitted for approval anytime within this period, and the plan
will be reviewed against the ordinances in effect at the time of the
preliminary approval.
[1]
Editor's Note: The Subdivision and Land Development Checklist is included as an attachment to this chapter.
C.
Final or Preliminary/Final Plan. A final or preliminary/final plan is required to be submitted for all proposals for subdivision and/or land development in accordance with the requirements of § 22-304, Final Plan Requirements and Procedure, and the Subdivision and Land Development Checklist. Plans may be submitted as preliminary/final plans at the applicant's discretion. Preliminary/final plans are submitted to obtain final approval without having been granted preliminary approval first. However, the applicant may request or the Borough Council may elect to request, recommend or grant preliminary approval should the plans be deemed unfit to be considered for final approval. A final plan shall be submitted for all proposals which have previously received a preliminary approval.
2.
Plan Classification.
A.
Minor Residential Subdivision or Land Development. Sketch plan (§ 22-302, optional) and final plan (§ 22-304).
(1)
No more than three lots are proposed; and
(2)
No public or private street is to be constructed, improved or
widened; and
(3)
No land disturbance activities will take place except those
which are incidental to the construction of a single-family dwelling
on a single lot; and
(4)
No improvements to be dedicated to the Borough are proposed;
and
(5)
No further subdivision can occur within the resulting lots except
pursuant to a major subdivision application or any lot line adjustments
where no construction, grading or excavation is proposed.
B.
Major Residential Subdivision, Land Development. Sketch plan (§ 22-302, optional), preliminary plan (§ 22-303), and final plan (§ 22-304).
C.
D.
Major Commercial Subdivision, Land Development. Sketch plan (§ 22-302, optional), preliminary plan (§ 22-303), and final plan (§ 22-304).
[Ord. 2016-2267, 10/11/2016]
1.
Sketch Plan Information. A sketch plan should be drawn legibly and
to scale, but it need not be a precisely surveyed or engineered plan.
Applicants are encouraged to depict sketch plan concepts overlaid
on a recent aerial photograph of the project area. The information
provided on the sketch plan shall be in accordance with the Subdivision
and Land Development Checklist.[1]
[1]
Editor's Note: The Subdivision and Land Development Checklist is included as an attachment to this chapter.
2.
Submission of Sketch Plan.
A.
All sketch plans submitted for review shall conform to the requirements established in § 22-302 and the Subdivision and Land Development Checklist.
B.
Subdividers or developers may file with the Borough Planning Commission
a subdivision sketch plan, as described in this chapter and the Subdivision
and Land Development Checklist, for all proposed subdivisions of land
and land developments lying within the Borough.
C.
Sketch plans will be considered as submitted for informal discussion
between the subdivider or developer and the Planning Commission. Submission
of a sketch plan shall not constitute formal filing of a plan with
the Borough.
D.
As far as practical on the basis of a sketch plan, the Planning Commission
shall informally advise the developer as promptly as possible of the
extent to which the proposed subdivision or land development conforms
to the design standards of this chapter and will discuss possible
plan modifications.
E.
An application and fee are required for submission of a sketch plan.
3.
Review of Sketch Plan.
A.
The Planning Commission shall consider the sketch plan at a regularly
scheduled meeting and provide informal dialogue with the applicant.
B.
The Planning Commission shall consider the suitability of the sketch
plan for the development of the tract and its relationship to the
extension of streets, access points, arrangement and density of proposed
use, the compatibility of the proposal with the objectives and recommendations
of the Borough Comprehensive Plan.
C.
Sketch plans may be reviewed by Borough Staff and the Borough Planner.
Sketch plans will not be reviewed by the Borough Engineer. The applicant
may, but need not, request further review of the sketch plan by the
Borough Council. Upon receiving written request by the applicant,
the Borough Council may consider the sketch plan. The Borough Council
may invite the applicant to appear at a regular Council meeting and
may advise the applicant as to the concerns of the Council. Borough
Council is not required to review the sketch plan nor to submit comments
to the applicant if the Planning Commission has not reviewed the plan.
[Ord. 2016-2267, 10/11/2016]
1.
Preliminary Plan Information.
A.
The preliminary plan shall be a precisely surveyed or engineered
plan completed with computer-aided drafting technology.
B.
One plan in the set provided shall include the proposed features
overlaid on a recent aerial photograph of the project area.
C.
The information provided on the preliminary plan shall be in accordance
with the Subdivision and Land Development Checklist.[1]
[1]
Editor's Note: The Subdivision and Land Development Checklist is included as an attachment to this chapter.
3.
Review of Preliminary Plan.
A.
The Borough Planning Commission shall review the preliminary plan
to determine the conformance of the plan to this chapter and shall
submit said plan to the Regional Planning Commission and the Chester
County Planning Commission as required by the MPC.[2] The Borough Planning Commission shall not act on said
plan until it has received a review from the Chester County Planning
Commission or until 30 days has passed since the submission of the
plans.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Borough Planning Commission shall review the preliminary plan
and shall submit its findings in writing to the Borough Council. The
Planning Commission shall recommend approval, approval with conditions
or denial of the preliminary plan. The Planning Commission shall provide
itemized justification for any recommendation to deny a subdivision
or land development plan approval.
C.
After receiving the recommendations of the Borough Planning Commission,
the Borough Council, at a scheduled or special meeting, shall either
approve, approve with amendments, or reject the recommendations of
the Planning Commission for the preliminary plan. Borough Council's
decision shall be made within 90 days of the date of the first Planning
Commission meeting held after the application was received, deemed
complete, and accepted by the Borough or, in the event of a court
order, as defined by the provisions of the Pennsylvania Municipalities
Planning Code, most recent edition, Section 508.[3]
[3]
Editor's Note: See 53 P.S. § 10508.
D.
If the preliminary plan is not approved as submitted, the decision
shall specify the defects found in the plan, shall describe the requirements
which have not been met and shall cite in each case the provisions
of the ordinance relied upon as the basis for the denial.
E.
Approval of the preliminary plan in writing, subject to conditions,
revisions, and modifications as stipulated by the Borough Council,
shall constitute conditional approval of the subdivision or land development
as to the character and intensity of the development and the layout
and the dimensions of streets, lots and other proposed features. Approval
of the preliminary plan does not preclude additional corrections on
final plan review that may have been omitted from the preliminary
plan reviews and/or the conditions of preliminary approval.
[Ord. 2016-2267, 10/11/2016]
1.
Final Plan Information.
A.
The final plan shall be a precisely surveyed or engineered plan completed
with computer-aided drafting technology. The information provided
on the final plan shall be in accordance with the Subdivision and
Land Development Checklist.[1]
[1]
Editor's Note: The Subdivision and Land Development Checklist is included as an attachment to this chapter.
B.
Information on the final plans should reflect the approved preliminary
plans and any conditions made in the approval of them. Preliminary/final
plans shall be considered final plans and are governed by this section.
3.
Review of Final Plan.
A.
The final plan shall conform in all respects to the preliminary plan
as previously approved by the Borough Council and shall incorporate
modifications and revisions specified by the Council in its conditional
approval of the preliminary plan.
B.
The final plan and supporting data (including applicable reports
from the Pennsylvania Department of Environmental Protection, the
Chester County Conservation District, the U.S. Army Corps of Engineers,
the Pennsylvania Department of Transportation, and the Regional and
Chester County Planning Commissions) shall comply with the provisions
of this chapter.
C.
The Borough Planning Commission shall review the final plan and send
its findings in writing to the Borough Council to determine its relationship
to the approved preliminary plan and its conformance to the requirements
of this chapter. The Planning Commission shall recommend approval,
approval with conditions, or denial of the final plan. The Planning
Commission shall provide itemized justification for any recommendation
to deny a subdivision or land development plan approval.
D.
After receiving the recommendations of the Borough Planning Commission,
the Borough Council, at a scheduled or special meeting, shall either
approve, approve with amendments, or reject the recommendations of
the Planning Commission for the final plan. Borough Council's decision
shall be made within 90 days of the date of the first Planning Commission
meeting held after the application was received, deemed complete,
and accepted by the Borough or, in the event of a court order, as
defined by the provisions of the Pennsylvania Municipalities Planning
Code, most recent edition, Section 508.
E.
If the final plan is not approved as submitted, the decision shall
specify the deficiencies found in the plan, shall describe the requirements
which have not been met and shall, in each case, cite the provisions
of the ordinance relied upon.
F.
The Borough Council may require that the owners supply a title insurance
certificate from a reputable company before any property can be accepted
for dedication by the Borough.
G.
Where a subdivision plan has been approved and recorded under the
terms and conditions of this chapter, purchasers and mortgagees of
lots in the subdivision shall be relieved of any and all liability
for any deficiency in, lack of, or failure to complete the necessary
grading and paving of streets and other street improvements, including,
where specified in the plan, curbs, sidewalks, streetlights, fire
hydrants, water mains, sanitary sewers and storm sewers. Failure by
the developer to complete or properly complete said improvements shall
not encumber any or all of the lots in the subdivision.
[Ord. 2016-2267, 10/11/2016]
1.
Upon completion of the procedures outlined under this Part, all endorsements
shall be indicated on the record plan and on as many other copies
of the final plan as may be desired. No subdivision or land development
plan may be legally recorded unless it bears the seal of the Borough.
2.
Copies of the final plan as finally approved, with the endorsement
of the Borough Secretary, Borough Council President, the Borough Planning
Commission Chairperson, and the Borough Engineer, shall be recorded.
3.
Within 90 days of final approval by the Borough Council and as required
by the MPC, Section 513,[1] the plan for subdivision shall be recorded in the office
of the Recorder of Deeds of Chester County by the applicants. If the
plan is not recorded within this period, the approval of the Borough
Council shall be null and void unless an extension of time is granted
in writing by the Borough upon written request of the applicant.
[1]
Editor's Note: See 53 P.S. § 10513.
4.
If any deed restrictions, covenants or easements are included in
the filing and recording of the subdivision, the applicant shall notify
the Borough in writing of such restrictions on the use of the properties
being recorded.
5.
Final plans will not be released for recording until the requirements
of Article VII, Improvement Construction Requirements, are satisfied.
[Ord. 2016-2267, 10/11/2016]
1.
Minor Revision. A minor revision to the final plan may be requested
after final approval has been granted by Borough Council but before
the final plan has been recorded. A minor revision is one that is
requested by the applicant beyond those revisions already required
as conditions of final approval which does not result in a substantive
change to the use, layout or function of the proposed development.
A written determination will be made by the Borough Engineer as to
whether a proposed revision is minor or major.
2.
Major Revision. A major revision to the final plan may be requested
after final approval has been granted by Borough Council but before
the final plan has been recorded. A major revision is one that preserves
a likeness to the final plan but results in a substantive change to
the use, density, layout, intensity, or function of the proposed development,
and is in addition to and also presents a significant departure from
the conditions of final plan approval, and therefore will require
additional review by the Borough Planning Commission and approval
by Borough Council. A written determination will be made by the Borough
Engineer as to whether a proposed revision is minor or major. A major
revision will require that the terms of the land development agreement
be revised to reflect the major revision, if approved.
3.
Minor Amendment. A minor amendment to the final plan may be requested
after final approval has been granted by Borough Council and after
the final plan has been recorded. A minor amendment is one that is
requested by the applicant which alters one or more elements shown
on the recorded final plan but does not result in a substantive change
to the use, layout or function of the proposed development. A determination
will be made by the Borough Engineer as to whether a proposed amendment
is de minimis, minor or major. The applicant shall provide any and
all information to the Borough Engineer that is determined, in the
Borough Engineer's sole discretion, to be necessary to review a proposed
amendment to a recorded final plan. A minor amendment may be approved
by the Borough Engineer. All amendments approved during construction
shall be shown on final "as-built" plans. At the discretion of the
Borough Engineer, the applicant may be required to record as-built
plans with the Chester County Recorder of Deeds.
[Amended by Ord. No. 2023-2371, 11/14/2023]
4.
Major Amendment. A major amendment to the final plan may be requested
after final approval has been granted by Borough Council and after
the final plan has been recorded. A major amendment is one that preserves
a likeness to the final plan but results in a substantive change to
the use, density, layout, intensity, or function of the proposed development,
and is in addition to and also presents a significant departure from
the conditions of final plan approval, and therefore will require
additional review by the Borough Planning Commission and approval
by Borough Council. A determination will be made by the Borough Engineer
as to whether a proposed amendment is minor or major. A major amendment
will require that the terms of the land development agreement be revised
to reflect the major amendment, if approved.
