Borough of Phoenixville, PA Part 3 PLAN SUBMISSION, PROCESSING, AND REVIEW

§ 22-300 Applicability.

[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.

§ 22-301 Types of Plans and Plan Classification.

[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).

(1) A subdivision proposing four or more lots; or

(2) Any residential land development except as provided for in Subsection A; or

(3) Any plan proposing improvements to be dedicated to the Borough; or

(4) Any plan proposing the construction, improvement or widening of a public or private street; or

(5) Earth disturbance activities requiring permanent stormwater management facilities, except those provided for in Subsection A.

C. Minor Commercial Subdivision, Land Development. Sketch plan (§ 22-302, optional) and final plan (§ 22-304).

(1) No improvements to be dedicated to the Borough are proposed; and

(2) No public or private street is to be constructed, improved or widened; and

(3) No earth disturbance activities will take place except those which are incidental to the construction of a commercial building on a single lot.

D. Major Commercial Subdivision, Land Development. Sketch plan (§ 22-302, optional), preliminary plan (§ 22-303), and final plan (§ 22-304).

(1) Any commercial land development except as provided for in Subsection C; or

(2) Any plan proposing improvements to be dedicated to the Borough; or

(3) Any plan proposing the construction, improvement or widening of a public or private street; or

(4) Earth disturbance activities requiring permanent stormwater management facilities, except those provided for in Subsection A.

§ 22-302 Sketch Plan Requirements and Procedure.

[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.

§ 22-303 Preliminary Plan Requirements and Procedure.

[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.

2. Submission of Preliminary Plan.

A. All preliminary plans submitted for review shall conform to the requirements established in § 22-303 and the Subdivision and Land Development Checklist.

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.

§ 22-304 Final Plan Requirements and Procedure.

[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.

2. Submission of Final Plan.

A. All final plans submitted for review shall conform to the requirements established in § 22-304 and the Subdivision and Land Development Checklist.

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.

§ 22-305 Recording of Final Plan.

[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.

§ 22-306 Amendment of Final Plan.

[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.