Township of Easttown, PA Article V Procedural Requirements

§ 400-11 General requirements.

[Amended 9-17-1990 by Ord. No. 235-90]

All preliminary and final subdivision or land development plans shall be reviewed and shall be either approved or disapproved by the Supervisors in accordance with the procedure specified in this article. Any incomplete application received for filing shall not be accepted, but shall be returned to the party submitting the application within a reasonable time, together with an explanation of the items of incompleteness. The time within which the Township must review a plan, render a decision and communicate it to any applicant, as specified in this chapter, shall not commence to run until such time as a complete application is submitted and accepted by the Township for filing.

§ 400-12 Optional sketch plan.

[Amended 9-17-1990 by Ord. No. 235-90]

A. A sketch plan for any subdivision or land development may, at the developer's option, be submitted to the Planning Commission for review. A sketch plan is not required to be filed, and submission of a sketch plan does not constitute a formal submission of an application for approval of a subdivision or a land development. The sketch plan procedure is provided to afford the developer the opportunity to submit information for review and informal discussion with the Planning Commission before engaging in the detailed engineering design required for the preparation of a preliminary plan.

B. The submission of a sketch plan shall not preclude the developer from proceeding with preliminary or final subdivision or land development applications, and the failure of the Planning Commission to act on any sketch plan shall not result in a deemed approval thereof.

§ 400-13 Sketch plan procedure.

[Amended 9-17-1990 by Ord. No. 235-90]

A. For informational purposes, 10 copies of the sketch plan may be submitted to the Township Secretary for distribution to the Planning Commission not later than 14 days prior to a regularly scheduled meeting of the Planning Commission.

[Amended 12-15-2014 by Ord. No. 424-14]

B. When submitted, the sketch plan shall show the following:

(1) A location map which highlights the location of the lot within the Township and depicts adjoining and nearby roads.

[Amended 12-15-2014 by Ord. No. 424-14]

(2) Lot boundaries, with dimensions and names of abutting owners.

[Amended 12-15-2014 by Ord. No. 424-14]

(3) North arrow, scale and date.

(4) Streets on and adjacent to or near the lot, properly named or identified.

[Amended 12-15-2014 by Ord. No. 424-14]

(5) Natural features of the site related to existing topography, soils, vegetation and watercourses, including such features as steep slopes, very steep slopes, identified floodplain areas and other critical environmental areas.

[Amended 5-15-2017 by Ord. No. 428-17]

(6) Man-made features of the site, including existing buildings and major structures.

(7) Proposed general street and lot layout.

(8) In the case of a land development plan, the proposed location of all buildings and major structures, parking areas and other construction and/or improvements.

(9) Proposed method(s) of water supply and sanitary sewage disposal.

C. The Planning Commission will endeavor to review submitted sketch plans on the next convenient date available to the Planning Commission at a public meeting, and the applicant will be notified. No time limitation is imposed upon the Planning Commission in its review of a sketch plan, nor shall any formal procedure or time constraints be construed to apply to any such review. The Planning Commission may, but shall not be required, to make written comments to the developer about any sketch plan, or it may report its comments orally at a public meeting.

§ 400-14 Submission of preliminary plan.

[Amended 9-17-1990 by Ord. No. 235-90]

A. A preliminary plan for the subdivision or land development prepared in accordance with the requirements set forth hereinafter in this chapter shall be filed with the Township Secretary during normal business hours. The preliminary plan application shall be submitted to the Township Secretary not later than 21 days prior to a regularly scheduled meeting of the Planning Commission. The Township Secretary or his designee shall review each plan submitted for filing to insure that the application is complete as required by this section. Incomplete submission under Subsection B of this section shall be noted on the face of the application, or in a separate writing, and the application, together with all plans and accompanying documents, including the filing fees, shall be returned within a reasonable time to the applicant.

[Amended 5-3-1993 by Ord. No. 263-93; 12-15-2014 by Ord. No. 424-14]

B. Official submission of a preliminary plan shall consist of:

(1) Thirteen copies of the application for preliminary plan review.

[Amended 12-15-2014 by Ord. No. 424-14]

(2) Thirteen copies of the preliminary plan.

[Amended 12-15-2014 by Ord. No. 424-14]

(3) Four completed copies of the "Planning Modules for Land Development."

(4) Thirteen copies of any other document, report or other supplementary data and plans required by any provision of this chapter.

[Amended 12-15-2014 by Ord. No. 424-14]

(5) The filing and/or escrow fees established by resolution of the Supervisors:

[Amended 6-2-2014 by Ord. No. 422-14]

(a) For the filing of the plan; and

(b) To reimburse the Township for charges incurred by it in the payment of its Solicitor, professional consultants and engineer in reviewing and/or issuing reports with respect to the plan submission.

C. Upon receipt of a completed application in accordance with the preceding paragraph, the Township Secretary shall forward complete copies of the application for review, the plan and all supplementary documents to the Township Engineer, Township Solicitor, Township Planning Commission Solicitor, Township Landscape Architecht, Township Transportation Engineer, Township Zoning Officer, the Township Planning Commission, and such parts of the application to other governmental agencies having jurisdiction as required. The number of copies for distribution shall be provided in accordance with § 400-14B or administratively determined by the Township Secretary from time to time. One complete copy of the application and plans shall be submitted electronically in a PDF format.

[Amended 12-15-2014 by Ord. No. 424-14]

§ 400-15 Review of preliminary plan.

[Amended 9-17-1990 by Ord. No. 235-90]

A. The Township may send adjoining property owners notice of the first public Planning Commission meeting where the plan will be discussed at least two weeks prior to the public meeting and/or post the property. Failure to send the neighbor notification shall not be a procedural or substantive defect.

[Added 6-2-2014 by Ord. No. 422-14]

B. Review by Township Engineer and other committees or consultants.

(1) The Township Engineer's review shall include an examination of the content of the plans to verify that all information required by this chapter is presented in the plan submitted; an investigation of the plan to verify compliance with this and all other applicable Township ordinances; an examination of the engineering feasibility of the scheme of development in compliance with this chapter and all other applicable ordinances of the Township; and such other review as he shall decide is relevant and material. The Township Engineer may confer with the developer or the developer's engineer in his review and analysis of the plan and shall forward his written comments on the plan to the Planning Commission within a reasonable time.

(2) The Township Solicitor, Township Planning Commission Solicitor, Township Landscape Architect, Township Transportation Engineer, Township Zoning Officer, and other appropriate Township committees or consultants may be directed to review the preliminary plan and offer comments to the Township Planning Commission and/or Board of Supervisors.

[Added 6-2-2014 by Ord. No. 422-14; amended 12-15-2014 by Ord. No. 424-14]

C. Township Planning Commission.

[Amended 6-2-2014 by Ord. No. 422-14]

(1) Upon receipt of the Township Engineer's comments, the Planning Commission shall, at a public meeting, examine the plan to determine compliance with this chapter, Chapter 455, Zoning, and all other applicable Township ordinances and regulations. When available, the written comments of the Chester County Planning Commission, any other appropriate Township consultant or committee and any other public agency shall be considered, and the developer, his engineers and consultants may appear at a designated Planning Commission public meeting at which the application is scheduled for discussion to review and discuss the plan. The Planning Commission shall submit a written report to the Supervisors, together with the Township Engineer's review, and shall recommend either approval or disapproval of the plan or approval of the plan subject to recommended conditions.

(2) If, during the course of the Planning Commission's review of the preliminary plan and prior to final action by the Commission, the plan is revised by the applicant, such revision shallnote the date or dates of any such revisions. No revised plan shall be accepted for filing or review unless it is preceded or accompanied by a timely written extension, signed by the applicant, extending the period within which the Township must render and communicate a decision upon the initially filed plan then pending for an additional 90 days, calculated in accordance with this Subsection C(2). No additional filing fee shall be required for a revised plan following this procedure. Revised plans shall be submitted to the Township Secretary not later than 21 days prior to a regularly scheduled meeting of the Planning Commission and shall be distributed by the Township Secretary in accordance with § 400-14C.

[Amended 12-15-2014 by Ord. No. 424-14]

D. Board of Supervisors.

(1) When a preliminary plan has been officially reviewed and forwarded to the Supervisors by the Planning Commission, such plan shall be placed on its agenda for review and action. The Supervisors may, before acting on a preliminary subdivision or land development plan, hold a public hearing thereon.

(2) In acting on the preliminary plan, the Supervisors shall review the plan and the written comments of the Township Engineer, the Planning Commission, the Chester County Planning Commission, any other appropriate Township consultant or committee and all other reviewing agencies, together with comments from public hearings, if any, to determine the plan's conformity to this chapter and all other applicable Township ordinances. The Supervisors may specify conditions, changes, modifications or additions to a plan and may make their decision to grant preliminary approval subject to such reasonable conditions as they shall impose.

[Amended 6-2-2014 by Ord. No. 422-14]

(3) The Supervisors shall render a decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date a complete preliminary subdivision or land development application is filed, provided that, should the next regular meeting of the Planning Commission following the date the application is filed occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day a complete application has been filed.

(4) The decision of the Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him at the address appearing on his application not later than 15 days following the Supervisors' decision.

(5) When the application is not approved in terms as filed, the Supervisors' decision shall specify the defects found in the application and plans and shall describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.

(6) In the event the Supervisors approve a preliminary plan, subject to conditions, the applicant shall notify the Supervisors, in writing, within 30 days of the date of the Supervisors' decision, of his acceptance of all of the conditions. Upon such acceptance, the conditional preliminary plan approval shall become an approved preliminary plan, subject to the accepted conditions, as of the date of the Supervisors' conditional preliminary plan approval. Should the applicant not notify the Board within the said thirty-day period of his acceptance of all of the conditions, the Supervisors' decision shall be deemed to be a rejection, which shall constitute a final rejection by the Supervisors of the preliminary plan as of the date of the Supervisors' initial conditional approval decision. The developer's notification shall be timely if physically received by the Township within the required thirty-day period or if mailed within said thirty-day period when accompanied by a proof of mailing within said period by submission to the Township of present Post Office Form 3817, Certificate of Mailing, which shows the date, the name of the sender, the name of the Township as addressee, and the development's name.

(7) Approval of the preliminary subdivision or land development plan shall not authorize the sale of lots, the lease of land, buildings or portions of buildings, or the subdivision or development of land.

§ 400-16 Submission of final plan.

[Amended 9-17-1990 by Ord. No. 235-90]

A. Within one year after the Supervisors' approval of the preliminary plan, a final plan for the subdivision or land development prepared in accordance with the requirements of this chapter shall be filed with the Township Secretary. The final plan application shall be submitted to the Township Secretary for distribution to the Supervisors not later than 21 days prior to a regularly scheduled meeting of the supervisors. An extension of time may, at the Supervisors discretion, be granted for cause shown upon request of the developer. The Township Secretary or his designee shall review each plan submitted for filing to insure that the application is complete as required by Subsection B of this section. Incomplete items shall be noted on the face of the application, or in a separate writing, and the application, together with all plans and accompanying documents, including the filing fees, shall be returned within a reasonable time to the applicant.

[Amended 12-15-2014 by Ord. No. 424-14]

B. Official submission of a final plan shall consist of:

(1) Thirteen copies of the application for final plan review.

[Amended 12-15-2014 by Ord. No. 424-14]

(2) Thirteen copies of the final plan.

[Amended 12-15-2014 by Ord. No. 424-14]

(3) Thirteen copies of any other document, report or other supplementary data and plans required by any provision of this chapter.

[Amended 12-15-2014 by Ord. No. 424-14]

(4) The approval issued by the Pennsylvania Department of Environmental Protection of the supplement of revision of the Township's sewage facilities plan, the water quality management permit issued by that Department, the approval of the Natural Resources Conservation Service and/or the permit issued by the Department of Environmental Protection as appropriate for sedimentation and erosion control, as applicable.

(5) The filing and/or escrow fees established by resolution of the Supervisors:

[Amended 6-2-2014 by Ord. No. 422-14]

(a) For the filing of the plan; and

(b) To reimburse the Township for charges incurred by it in the payment of its professional consultants and engineer in reviewing and/or issuing reports with respect to the plan submission.

C. Upon receipt of a completed application in accordance with the preceding paragraph, the Township Secretary shall forward complete copies of the application for review, the plan and all supplementary documents to the Township Engineer, Township Solicitor, Township Planning Commission Solicitor, Township Landscape Architect, Township Transportation Engineer, Township Zoning Officer, the Township Planning Commission and such parts of the application to the other governmental agencies having jurisdiction as required. The number of copies for distribution shall be provided in accordance with § 400-16B or administratively determined by the Township Secretary from time to time. One complete copy of the application and plans shall be submitted electronically in a PDF format.

[Amended 6-2-2014 by Ord. No. 422-14; 12-15-2014 by Ord. No. 424-14]

D. The Planning Commission may recommend and the Supervisors may permit approval of a final plan in sections or phases, each covering a reasonable portion of the entire proposed development as shown on the approved preliminary plan, provided that the first final plan section is submitted for review and approval within the time required by Subsection A of this section, and the last final plan section is submitted for review and approval within three years of the preliminary plan approval. In any such case, in addition to requiring the posting of financial security to guarantee installation of improvements in the phase or section for which approval is then sought, if the Supervisors in the exercise of their discretion determine the same to be necessary, they may require the posting of financial security and the construction, installation and completion of all or a part of the required public improvements shown on the preliminary plan even though those improvements are to be physically located in a section or phase for which final approval is not then being sought. This paragraph shall be sufficient authority for the Supervisors to make that determination and impose it as a condition of approval of any section or phase of any final plan.

§ 400-17 Review of final plan.

[Amended 9-17-1990 by Ord. No. 235-90]

A. Review by Township Engineer and other committees or consultants.

(1) The Township Engineer's review shall include an examination of the content of the plans to verify that all information required by this chapter is presented in the plan submitted; an investigation of the plan to verify compliance with this and all other applicable Township ordinances and that the plan conforms to the preliminary plan approval; and examination of the engineering feasibility of the final designs for compliance with this and all other applicable Township ordinances; and such other review as he shall determine to be relevant and material. The Township Engineer may confer with the developer or the developer's engineer in his review and analysis of the plan and shall forward his written comments on the plan to the Planning Commission within a reasonable time.

(2) The Township Solicitor, Township Planning Commission Solicitor, Township Landscape Architect, Township Transportation Engineer, Township Zoning Officer, and other appropriate Township committees or consultants may be directed to review the final plan and offer comments to the Township Planning Commission and/or Board of Supervisors.

[Added 6-2-2014 by Ord. No. 422-14; amended 12-15-2014 by Ord. No. 424-14]

B. Township Planning Commission.

(1) Upon receipt of the Township Engineer's comments, the Planning Commission shall, at a public meeting, examine the plan to determine compliance with this chapter, Chapter 455, Zoning, and all other applicable Township ordinances and regulations. When available, the written comments of the Chester County Planning Commission, any other appropriate Township consultant or committee and any other public agency shall be considered, and the developer, his engineers and consultants may appear at a designated Planning Commission public meeting at which the application is scheduled for discussion to review and discuss the plan. The Planning Commission shall submit a written report to the Supervisors, together with the Township Engineer's review, and shall recommend either approval or disapproval of the plan or approval of the plan subject to recommended conditions.

[Amended 6-2-2014 by Ord. No. 422-14]

(2) If, during the course of the Planning Commission's review of the final plan and prior to final action by the Commission, the plan is revised by the applicant, such revision shall note the date or dates of any such revisions. No revised plan shall be accepted for filing or review unless it is preceded or accompanied by a timely written extension, signed by the applicant, extending the period within which the Township must render and communicate a decision upon the initially filed plan then pending for an additional 90 days, calculated in accordance with Subsection C(3) of this section. No additional filing fee shall be required for a revised plan following this procedure. Revised plans shall be submitted to the Planning Commission not later than 21 days prior to a regularly scheduled meeting of the Planning Commission and shall be distributed by the Township Secretary in accordance with § 400-16C.

[Amended 12-15-2014 by Ord. No. 424-14]

(3) Upon the Planning Commission's recommendation of approval of the final plan, the applicant shall submit to the Township an estimate of the costs of completion of the required improvements for the purpose of determining the amount of financial security required to guarantee their installation and completion. The estimate shall be prepared by a professional Pennsylvania-licensed engineer and shall be certified by such engineer to be the fair and reasonable estimate of such costs. The costs estimate so submitted shall be reviewed by the Township Engineer for accuracy and completeness, and he shall, within a reasonable time, recommend to the Township acceptance or rejection of the estimate. The Supervisors may refuse to accept such estimate for good cause shown. In the event the applicant and the Supervisors are unable to agree upon an estimate, the estimate shall be recalculated and recertified by an independent Pennsylvania-licensed professional engineer chosen mutually by the Board and the applicant. The estimate certified by such engineer shall be presumed fair and reasonable and shall be the final estimate. The fee for the services of said engineer shall be paid equally and promptly by the Township and the applicant.

C. Board of Supervisors.

(1) When a final plan has been officially reviewed and forwarded to the Supervisors by the Planning Commission, such plan shall be placed on its agenda for review and action. The Supervisors may, before acting on a final subdivision or land development plan, hold a public hearing thereon.

(2) In acting on the final plan, the Supervisors shall review the plan and the written comments of the Township Engineer, the Planning Commission, the Chester County Planning Commission, any other appropriate Township consultant or committee and all other reviewing agencies, together with comments from public hearings, if any, to determine the plan's conformity to this chapter and all other applicable Township ordinances. The Supervisors may specify conditions, changes, modifications or additions to a plan which they deem necessary and may make their decision to grant final plan approval subject to such reasonable conditions as they shall impose.

[Amended 6-2-2014 by Ord. No. 422-14]

(3) The Supervisors shall render a decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date a complete final subdivision or land development application is filed, provided that, should the next regular meeting of the Planning Commission following the date the application is filed occur no more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the date a complete application has been filed.

(4) The decision of the Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him at the address appearing on his application not later than 15 days following the Supervisors' decision.

(5) When the application is not approved in terms as filed, the Supervisors' decision shall specify the defects found in the application and plans and shall describe the requirements which have not been met and shall, in each instance, cite the provisions of the statute or ordinance relied upon.

(6) In the event the Supervisors approve a final plan, subject to conditions, the applicant shall notify the Supervisors, in writing, within 30 days of the date of the Supervisors' decision, of his acceptance of all of the conditions. Upon such acceptance, the conditional final plan approval shall become an approved final plan, subject to the accepted conditions, as of the date of the Supervisors' conditional final plan approval. Should the applicant not notify the Supervisors within the said thirty-day period of his acceptance of all of the conditions, the Supervisors' decision shall be deemed to be a rejection, which shall constitute a final rejection by the Supervisors of the final plan as of the date of the Supervisors' initial conditional approval decision. The developer's notification shall be timely if physically received by the Township within the required thirty-day period or if mailed within said thirty-day period when accompanied by a proof of mailing within said period by submission to the Township of present Post Office Form 3817, Certificate of Mailing, which shows the date, the name of the sender, the name of the Township as addressee, and the development's name.

(7) Approval of the final plan shall constitute approval of the development in accordance with and only in accordance with the final plan approval, subject, nevertheless, to compliance with Subsection C(6) of this section in the event of a conditional approval; provided, however, approval of the final plan shall not authorize the sale of lots, the lease of land, buildings or portions of buildings, or the subdivision or development of land until such time as the financial security guaranteeing the required improvements is posted with or secured to the Township, the subdivision and the land development agreement, the financial security agreement and developer's bond are fully executed and delivered to the Township, the plan is recorded, and the Township has issued all necessary and proper permits.

D. Release of approved plan and recording.

[Amended 5-3-1993 by Ord. No. 263-93]

(1) When requested by the applicant in order to facilitate financing, the Supervisors shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan contingent upon the applicant obtaining satisfactory financial security. This resolution shall not be issued until the applicant has accepted all conditions, if any, attached by the Supervisors to a conditionally approved final plan. The final plan shall not be signed by the Supervisors nor recorded until all required security agreements have been fully executed by both the applicant and, where required, the financial institution issuing or providing the financial security, and the financial security is delivered or secured to the Township and is in place irrevocably guaranteeing the completion of the required improvements. The resolution of contingent approval shall expire and be deemed to be revoked if the financial security agreements are not executed and the financial security in place within 90 days of the date of the plan's contingent approval, unless a written extension is requested in writing by the applicant and granted by the Supervisors. Such extension shall not be unreasonably withheld and shall be placed in writing at the applicant's request.

(2) Upon approval and signing of the final plan by the Supervisors and its release to the applicant, the applicant shall, within 90 days thereafter, record the final plan in the office of the Recorder of Deeds of Chester County. The applicant shall provide five approved final plans to the Township Secretary for the required Township signatures for recording. The final plan shall not be accepted for recording by the Recorder unless the plan on its face contains the signatures of a majority of the Supervisors and evidences approval by the County Planning Commission. After a final plan has been approved and recorded, all streets and public grounds on such plan shall be and become part of the Official Map of Easttown Township without public hearing. The applicant shall return two hard copies of the recorded plan and one electronic copy in PDF format to the Township.

[Amended 12-15-2014 by Ord. No. 424-14]

(3) Concurrently with the recording of the final plan, the applicant shall record in the office of the Recorder of Deeds of Chester County the approved declaration of restrictions, covenants and easements, together with any other recordable easements or other documents required by the final plan approval. In no event shall lots be conveyed from the approved plan prior to such recording.

§ 400-18 Minor subdivisions and land developments.

[Added 9-17-1990 by Ord. No. 235-90]

A. A subdivision or land development application which seeks preliminary or final approval of a residential subdivision or land development of five or fewer lots or units, or a commercial, industrial, office or professional use or combination thereof containing no more than one lot or building, or one building not exceeding 5,000 square feet in gross floor area may, at the election of the applicant, be submitted as a minor subdivision application.

B. An applicant submitting an application for a minor subdivision may elect to submit such application in the form of a final plan, in which event the procedures required by §§ 400-14 and 400-15 of this chapter shall not be applicable. Nothing herein contained, however, shall preclude the applicant from first submitting a sketch plan and/or a preliminary plan.

§ 400-19 Status of approved preliminary and final plans.

[Amended 9-17-1990 by Ord. No. 235-90]

A subdivision or land development plan, whether preliminary or final, which has been granted approval by the Supervisors in accordance with the procedure established in this article shall be subject to the protections, restrictions and requirements imposed by MPC Section 508(4), Subparagraphs (i) through (vii), as said sections may, from time to time, be amended.[1]

[1] Editor's Note: See 53 P.S. § 10508(4)(i) through (vii).

§ 400-20 Resubdivision procedure.

A. This chapter shall not be construed to require an applicant to comply with subdivision procedures in each and every case for minor shifts in lot lines because of excessive topography or similar types of development problems. For purposes of review, however, the Board of Supervisors shall be solely responsible for review and approval of resubmissions involving lot line changes. If major street changes or other modifications to easements or rights-of-way are involved, the County Planning Commission shall be notified and its recommendations considered.

B. In making any alterations, the following shall be observed:

(1) No lot shall be created that is smaller than the minimum dimensions required by Chapter 455, Zoning.

[Amended 12-15-2014 by Ord. No. 424-14]

(2) Easements reserved for drainage shall not be changed.

(3) No lot shall be created which does not abut a street.

(4) The character of the area shall be maintained.

C. In every case, the applicant shall prepare a record plan and submit said plan for the endorsements of the Township Engineer and the Board of Supervisors, identifying the previous record plan, and shall record the revised plan.

§ 400-21 Contents of sketch plan.

The scale and sheet size of the sketch plan of a proposed subdivision shall be as required for preliminary plans. The sketch plan shall be legibly drawn approximately to the scale of one inch equals 600 feet and contain at least:

A. Lot boundaries, accurately labeled.

[Amended 12-15-2014 by Ord. No. 424-14]

B. The name of the Township, county and state in which the development is located.

C. North point.

D. Written and graphic scales.

E. Significant topographical and physical features.

F. Existing and proposed general street and lot layouts.

G. Date and name of developer and subdivision.

§ 400-22 Contents of preliminary plan.

[Amended 9-17-1990 by Ord. No. 235-90; 5-3-1993 by Ord. No. 263-93]

A. The preliminary plan of a proposed development shall be clearly and legibly drawn to a scale of one inch equals 50 feet, except that, if the average size of the proposed lots in the subdivision is five acres or larger, the plan may be drawn to a scale of one inch equals 100 feet. The preliminary plan shall contain, where relevant, all of the information required in this subsection upon penalty of being refused for filing.

B. The original drawing, and all submitted prints thereof, shall be made on sheets a minimum of 24 inches by 36 inches to a maximum of 36 inches by 48 inches. If the preliminary plan requires more than one sheet, a key diagram showing relative location of the several sections shall be drawn on each sheet.

[Amended 11-21-2022 by Ord. No. 453-22]

C. The preliminary plan shall show:

(1) Name or any other identifying title of the proposed subdivision and of the Township, county, and state.

(2) North point, graphic scale, written scale, and date, including the month, day and year that the original drawing was completed; the month, day and year that the original drawing was revised, for each revision; and a clear and concise description and location of the changes made in each revision.

(3) Name of record owner (and developer).

(4) The preliminary plan shall be prepared by a registered professional engineer or a registered surveyor in accordance with the Act of May 23, 1945 (P.L. 913, No. 367, 63 P.S. § 148 et seq.), as may be amended, known as the "Engineer, Land Surveyor and Geologist Registration Law," except that this requirement shall not preclude the preparation of a plat in accordance with the Act of January 24, 1966 (1965 P.L. 1527, No. 535, 63 P.S. § 901 et seq.), as may be amended, known as the "Landscape Architects' Registration Law," when it is appropriate to prepare the plat using professional services as set forth in the definition of the "practice of landscape architecture" under Section 2 (63 P.S. § 902) of that Act. The plat shall bear the name, address, telephone number, seal and signature of such registered professionals responsible for the plan.

[Amended 7-21-1997 by Ord. No. 302-97; 6-2-2014 by Ord. No. 422-14]

(5) The names of all abutting subdivisions, if any, with the book and page numbers where recorded, and the names of the owners of all adjacent unplotted land, if any, and the book and page number where recorded.

(6) A key map, for the purpose of locating the property being subdivided, drawn at a scale of one inch equals 600 feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries, and recorded subdivision plans existing within 1,000 feet of any part of the property. In addition, the approximate distance to the nearest existing street shall be shown, and a title, scale, and North point shall be indicated.

(7) Total lot boundaries of the property being developed, showing bearings and distances, and a statement of total acreage of the property.

[Amended 12-15-2014 by Ord. No. 424-14]

(8) Contour lines at vertical intervals of two feet shall be U.S. Coast and Geodetic Survey datum.

(9) Location and elevation of the datum used shall be a known, established bench mark.

(10) All existing sewer lines, waterlines, fire hydrants, utility transmission lines, culverts, bridges, railroads, watercourses, easements, rights-of-way and other significant man-made or natural features within the proposed subdivision and within 50 feet from the boundaries of the proposed subdivision.

(11) All existing buildings and other structures.

(12) All existing streets, including streets of record (recorded but not constructed), on or abutting the lot, including names, right-of-way widths, cartway (pavement) widths and approximate grades.

[Amended 12-15-2014 by Ord. No. 424-14]

(13) The full plan of proposed development, including:

(a) Location and width of all streets and rights-of-way, with a statement of any conditions governing their use.

(b) Suggested street names and utility easement locations.

(c) Building setback lines along each street.

(d) Lot lines with approximate dimensions.

(e) A statement of the intended use of all nonresidential lots and parcels.

(f) Lot numbers and a statement of the total number of lots and parcels.

(g) Sanitary and storm sewers (and other drainage facilities), with the location, material, size and invert elevation of all manholes, inlets and culverts; and any proposed connections with existing facilities.

(h) Parks, playgrounds and other areas dedicated or reserved for public use, with any conditions governing such use.

D. The preliminary plan shall be accompanied by the following supplementary data:

(1) Typical street cross-section drawing(s) for all proposed streets. Cross-section drawings may be shown on either the preliminary plan or on profile sheets.

(2) Profiles and elevations at fifty-foot stations along the center line and along the top of cartway (pavement) edges or along the top of the curb for both sides of each proposed street shown on the preliminary plan. The plan shall also include the profile of the nearest connecting streets for a distance of 100 feet beyond the boundary of the subdivision and/or the land development. Such profiles shall show existing and finished grades at one of the following sets of scales or any combination hereof:

(a) One inch equals 10 feet horizontal and one inch equals one foot vertical; or

(b) One inch equals 20 feet horizontal and one inch equals two feet vertical; or

(c) One inch equals 40 feet horizontal and one inch equals four feet vertical; or

(d) One inch equals 50 feet horizontal and one inch equals five feet vertical.

(3) A plan for the surface drainage of the lot to be developed.

[Amended 12-15-2014 by Ord. No. 424-14]

(a) The plan shall show:

[1] The location, design and cross sections of all proposed drainage facilities and shall be accompanied by stormwater runoff calculations based upon:

[a] Full development of the property as proposed by the subdivision or land development plan;

[b] Existing development at higher elevation in the drainage area that drains to the lot; and

[c] Drainage from the anticipated undeveloped land at higher elevation in the drainage area reasonably anticipated based upon current zoning regulations; and

[2] The proposed method of accommodating the anticipated stormwater runoff designed in accordance with § 400-55.

(b) The plan shall show the location and type of all proposed erosion and sedimentation control measures, including grassed waterways, diversions, debris basins or ponds, structures for water control, open drains and tile fields, proposed dates when such measures shall be in effect, and shall be accompanied by supporting data demonstrating compliance with the erosion and sedimentation control standards mandated in § 400-56.

(4) Preliminary designs of any bridges or culverts which may be required. Such designs shall meet all applicable requirements of the Department of Environmental Protection and/or the Pennsylvania Department of Transportation and shall be subject to the approval of the Township Engineer.

(5) Three completed copies of a subdivision sewage disposal report.

(6) Conservation plan overlay, as defined in § 400-24, Conservation plan. Such plan shall be subject to the review of the Chester County Soil and Water Conservation District.

(7) Four copies of the planning module for land development as required by the Pennsylvania Sewage Facilities Act, Act 537.

§ 400-23 Contents of final plan.

[Amended 7-21-1986 by Ord. No. 199-86; 9-17-1990 by Ord. No. 235-90; 5-3-1993 by Ord. No. 263-93]

A. The final plan of a proposed subdivision shall be clearly and legibly drawn to a scale of one inch equals 50 feet, except that, if the average size of the proposed lots in the subdivision is five acres or larger, the plan may be drawn to a scale of one inch equals 100 feet.

B. The original drawing, and all submitted prints thereof, shall be made on sheets a minimum of 24 inches by 36 inches to a maximum of 36 inches by 48 inches or such other size as the Recorder of Deeds of Chester County may specify. If the final plan requires more than one sheet, a key diagram showing the relative location of the several sections shall be drawn on each sheet.

[Amended 11-21-2022 by Ord. No. 453-22]

C. The final plan shall include:

(1) Name of proposed subdivision (or other identifying title) and of Township, county and state.

(2) North point, graphic scale, written scale, and date, including the month, day and year that the original drawing of the final plan was completed; the month, day and year that the original drawing was revised, for each revision; and a clear and concise description and location of the change made in each revision.

(3) Name of the record owner (and developer) of the lot, and the source(s) of title to the land being developed, as shown by the records of the County Recorder of Deeds.

[Amended 12-15-2014 by Ord. No. 424-14]

(4) The final plan shall be prepared by a registered professional engineer or a registered surveyor in accordance with the Act of May 23, 1945 (P.L. 913, No. 367, 63 P.S. § 148 et seq.), as may be amended, known as the "Engineer, Land Surveyor and Geologist Registration Law," except that this requirement shall not preclude the preparation of a plat in accordance with the Act of January 24, 1966 (1965 P.L. 1527, No. 535, 63 P.S. § 901 et seq.), as may be amended, known as the "Landscape Architects' Registration Law," when it is appropriate to prepare the plat using professional services as set forth in the definition of the "practice of landscape architecture" under Section 2 (63 P.S. § 902) of that Act. The plat shall bear the name, address, telephone number, seal and signature of such registered professionals responsible for the plan.

[Amended 7-21-1997 by Ord. No. 302-97; 6-2-2014 by Ord. No. 422-14]

(5) The names of all abutting subdivisions, if any, with the book and page numbers where recorded, and the names of the owners of all adjacent unplotted land, if any, and the book and page number where recorded.

(6) A key map, for the purpose of locating the property being subdivided, drawn at a scale of one inch equals 600 feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision plans existing within 1,000 feet of any part of the property. In addition, the approximate distance to the nearest street shall be shown, and a title, scale, and North point shall be indicated.

(7) The total lot boundary lines of the area being developed with accurate distances to hundredths of a foot and bearings to 1/4 of a minute. These boundaries shall be balanced and closed with an error of closure not to exceed one foot in 10,000 feet; provided, however, that the boundary(s) adjoining additional unplatted land of the subdivider (for example, between separately submitted final plan sections) are not required to be based upon field survey and may be calculated. The project boundaries shall be tied into the Pennsylvania Coordinate System. The monuments shall be indicated, along with a statement of the total area of the property being developed. In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plan, and the placement of the monuments.

[Amended 12-15-2014 by Ord. No. 424-14]

(8) The name (or number) and cartway width and lines of all existing public streets and the name and location of all other roads within the property.

(9) The following data for the cartway edges (curblines) and right-of-way lines of all recorded (except those which are to be vacated) and/or proposed streets and for the right-of-way lines of all existing streets within the property:

(a) The length (in feet and hundredths of a foot) of all straight lines and of the radius and the arc (or chord) of all curved lines (including curved lot lines); and

(b) The width (in feet) of the cartway, right-of-way and of the ultimate right-of-way, and (in degrees, minutes and quarters of a minute) of the delta angle of all curved lines, including curved lot lines.

(10) All straight lot lines and chords and radii of curved lot lines, defined (in feet and hundredths of a foot) by distances, and (in degrees, minutes and quarters of a minute) either by magnetic bearings or by angles of deflection from other lot and street lines.

(11) Lot numbers and a statement of the total number of lots (and parcels).

(12) A statement of the intended use of all nonresidential lots. A statement of restrictions of any type which exist or will exist as covenants in the deed(s) for all lots contained wholly or in part in the development and, if covenants are recorded, including the Deed Book and page number.

(13) The proposed building reserve (setback) line for each lot, or the proposed placement of each building and where applicable, location of on-site sewage and water facilities.

(14) The location (and elevation, if established) of all existing and proposed street monuments.

(15) All easements or rights-of-way where provided for or owned by public services or any other party who has secured them and any limitations on such easements or rights-of-way. Rights-of-way shall be shown and accurately identified on the plan, and easements shall either be shown or specifically described on the plan. Utility easements should be located in cooperation with the appropriate public utility companies.

(16) Location, size and invert elevation of all sanitary and storm sewers and location of all manholes, inlets and culverts (these data may be submitted as a separate plan).

(17) If the development proposes a new street intersection with a state legislative route, the Pennsylvania Department of Transportation intersection permit number(s) shall be indicated for all such intersections.

(18) A certificate of ownership, acknowledgement of plan and offer to dedicate shall be lettered on the plan and shall be duly acknowledged and signed by the owner(s) of the property and notarized.

(19) A certificate requesting approval of the plan by the Township Supervisors, Township Engineer and by the Township Planning Commission shall be presented.

(20) A space measuring three inches square shall be left along the lower edge of the sheet, in order that the Recorder of Deeds may acknowledge receipt and recording of the plan when it is presented.

D. The final plan shall be accompanied by the following supplementary data:

(1) Typical street cross-section drawing(s) for all proposed streets. Cross-section drawings may be shown either on the final plan or on the profile sheets.

(2) Profile sheets for all proposed streets within the lot.

[Amended 12-15-2014 by Ord. No. 424-14]

(a) Such profiles shall show at least the following information, properly labeled:

[1] Existing (natural) profile along both cartway edges or along the center line of each street.

[2] Profiles and elevations at fifty-foot stations along the center line and along the top of the cartway (pavement) edges or along the top of curb for both sides of each proposed street shown on the preliminary plan.

[3] The length of all vertical curves.

[4] Existing and proposed sanitary sewer mains and manholes.

[5] Existing and proposed storm sewer facilities and drainage improvements.

(b) The profile sheets shall be legibly drawn at one of the following sets of scales or any combination thereof:

[1] One inch equals 10 feet horizontal and one inch equals one foot vertical; or

[2] One inch equals 20 feet horizontal and one inch equals two feet vertical; or

[3] One inch equals 40 feet horizontal and one inch equals four feet vertical; or

[4] One inch equals 50 feet horizontal and one inch equals five feet vertical.

(3) All offers of dedication, and covenants governing the reservation and maintenance of undedicated open space, shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.

(4) Such private deed restrictions, including building setback lines, as may be imposed upon the property as a condition to sale, together with a statement of any restrictions previously imposed which may effect the title to the land being developed.

(5) Conservation plan.

§ 400-24 Conservation plan.

[Amended 9-17-1990 by Ord. No. 235-90]

A. The conservation plan which is required to accompany the preliminary and final subdivision or land development plan shall be clearly and legibly drawn to the same scale as that of the preliminary and final plan and shall be in the form of a transparent overlay to those plans.

B. The conservation plan shall show and shall designate with explanatory notes the total lot boundaries of the property being subdivided or developed and the following site features both within the proposed development and at least 100 feet beyond its boundaries:

[Amended 12-15-2014 by Ord. No. 424-14]

(1) Contour lines at vertical intervals of not more than two feet.

(2) Location and elevation to which contour elevations refer. Where reasonably practicable, the datum used shall be a known, established bench mark.

(3) Areas with existing slope exceeding 20%, as measured between two-foot contour lines, wherever contour lines are separated by a horizontal distance of 10 feet or less.

(4) All existing watercourses and lakes, ponds, impoundments, or other bodies of water, and all areas within the identified floodplain area, as defined in Chapter 220, Floodplains.

[Amended 5-15-2017 by Ord. No. 428-17]

(5) Generalized soil types, as mapped in the Web Soil Survey, latest edition, as prepared by the United States Department of Agriculture, Natural Resources Conservation Service, noting areas of poor drainage, alluvial soils, and soils with seasonal or perennial high-water table.

[Amended 1-15-2018 by Ord. No. 433-18]

(6) Location and results of all soil percolation tests.

(7) Delineation of wetlands as defined by the U.S. Army Corps of Engineers, including those inventoried by the U.S. Fish and Wild Life Service for the National Wetlands Inventory, and those determined to fall under the jurisdiction of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection.

(8) All existing vegetation, denoted as to type or character, such as woodland, orchard, pasture, crop land, meadow, wetland vegetation, lawn or garden.

(9) All existing tree masses, tree lines and hedgerows, trees over four-inch caliper as measured 36 inches from ground level which are not part of a tree mass, denoted as to type and size, and individual trees over four-inch caliper measured at said height located within a tree mass, denoted as to type and size where clearing or removal of trees is proposed.

(10) Existing structures and other improvements.

(11) Historic resources or potential historic resources, including structures, ruins, sites, traces, routes or trails, specifically including all such resources or potential resources listed in the National Register of Historic Places, the Pennsylvania Register of Historic Places, the Chester County Historic Sites Survey, the Historic American Building Survey, and any such resources identified in the Township's Comprehensive Plan, denoting locational relationship to the boundaries of any historic district listed in the National Register of Historic Places or designated by ordinance pursuant to Act 167-1961, as amended.

(12) Existing paths and trails devoted to pedestrian, equestrian or bicycle use.

(13) Location and type of any existing erosion and sedimentation control measures, whether natural or man-made, including grassed waterways, diversions, debris basins and tile fields and, where applicable, supporting data assuring compliance with the erosion and sedimentation control standards established in § 400-56.

(14) Any other significant existing natural or man-made features.

(15) Delineation of those portions of the lot visible from adjacent public roads.

(16) The extent to which any of the site features identified pursuant to this section are proposed to be cleared, removed or otherwise altered to accommodate proposed development shall be shown on a transparent overlay plan at the same scale identified in this section, together with a narrative explaining the necessity for such action, which, when required, shall be included as part of the environmental impact assessment (EIA). All proposed alterations of the natural grade, whether by cut or by fill, exceeding two feet, together with the reasons and necessity for such alteration, shall be supplied in narrative form as part of the EIA. Notations shall be included on the face of the plan demonstrating feasibility of compliance with provisions of § 400-69.

§ 400-25 Environmental impact assessment.

[Amended 9-17-1990 by Ord. No. 235-90]

A subdivision or land development application which seeks preliminary or final approval of a residential subdivision or land development of more than five lots or units, or a commercial, industrial, office or professional use or combination thereof containing more than one lot or building, or one building in excess of 5,000 square feet in gross floor area, or any use which requires conditional use approval shall be accompanied by an environmental impact assessment (EIA) report in narrative form prepared in accordance with the provisions of this section and containing the following:

A. Analysis of site features.

(1) The general character of the site features required by § 400-24B are to be identified on the conservation plan. The narrative shall describe existing characteristics of the property with respect to geography, topography, groundwater and surface water hydrology, soils, vegetation, existing improvements and uses and other site feature categories designated in that subsection.

(2) A visual analysis, including:

[Amended 12-15-2014 by Ord. No. 424-14]

(a) The scope and character of views into the lot from outside the lot from public roads and from private properties in relationship to identified site features;

(b) The scope and character of views within the lot in relationship to identified site features; and

(c) The scope and character of external views from within the lot.

(3) A description accompanied by exhibits, diagrams or other necessary documentation, which depict and describe those remedial, protective and mitigative measures proposed by the applicant to control all adverse impacts upon site features which will occur as a result of the proposed subdivision or land development. An "adverse impact" is any development activity which will alter the site features described in § 400-24B. These measures shall include those measures mandated by current federal, state, county and Township statutes, ordinances and regulations, including, but not limited to, sedimentation and erosion control, stormwater runoff control, water quality control, air quality control, wetlands and similar requirements related to remediation of adverse impacts of a specific project, such as regrading, revegetation, screening and the creation of landscaped areas, wetlands, fencing, emission control, traffic control, noise control and similar requirements.

(4) The names, addresses, telephone numbers and qualifications of persons directly responsible for preparing the EIA.

B. Identification of community services and facilities. Community facilities need assessment, accompanied by supplemental plans or maps necessary to identify the community facilities required to serve the proposed development. The assessment shall describe the extent to which existing community facilities and services, such as schools, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service are alleged to be sufficient to accommodate the demands of future occupants of the proposed subdivision or land development and the need for additional expanded community facilities and services.

C. Natural resources impact. A study prepared by a registered professional engineer indicating the likely impact of the proposed development on the existing sewer, water, groundwater, solid waste and drainage systems serving the Township. Said impact analysis shall identify existing capacity of facilities proposed to serve the subdivision or land development, the prospects of those facilities being able to provide service to it, and any improvements that are required as a direct result of the proposed subdivision or land development. The study shall identify the ability of sewer, water, solid waste and drainage systems to continue to provide efficient and economic service to existing users, considering the added service requirements of the proposed subdivision or land development.

D. Recreation impact. A study prepared by a qualified professional which shall analyze the demand for recreation facilities which the proposed subdivision or land development will generate and determine whether adequate facilities exist or are planned or proposed. As a minimum, the study shall include the following:

(1) A description of the recreational facilities to be provided by the developer.

(2) A description of the entity proposed by the developer to be responsible for maintenance of the recreational facilities to be provided by the developer.

(3) A description of existing Township recreational facilities and the impact of the proposed development on these facilities.

[Amended 12-15-2014 by Ord. No. 424-14]

(4) A description of accessibility of developer-proposed recreational facilities to general Township residents.

(5) The developer shall be required, as a condition of final plan approval, to provide for the construction of recreational facilities suitable for the uses intended in any subdivision or land development for residential use in accordance with the formula contained in § 400-58C.

E. Traffic impact study.

(1) Prepared by a qualified professional traffic engineer, the traffic study shall include, at a minimum:

(a) Anticipated traffic volumes and patterns to be generated by the proposed development;

(b) An analysis of the impact of the development as a generator of both local and nonlocal traffic;

(c) A circulation inventory of the existing public street network which can be reasonably anticipated to service the proposed development;

(d) The existing roadway conditions of those roads and streets contiguous to the development or which may be reasonably anticipated to service the access needs of the development;

(e) Existing traffic volumes as determined by both weekday morning and evening peak period traffic counts at those intersections in the immediate vicinity of the development which are reasonably anticipated to serve as access intersections to the development;

(f) A volume/capacity analysis to determine the levels of service at the foregoing intersections;

(g) Projection of site-generated traffic demand, which shall be combined with existing traffic volumes increased by 5% per annum projected over a period of five years, to determine future traffic projections; and

(h) The projected costs of traffic improvements necessitated by the development required to correct any deficiencies in the foregoing road and street systems.

(2) The study shall be reviewed by the Planning Commission, the Township Engineer and, at the Township's discretion, a traffic consultant selected by the Township, who, collectively, shall determine the accuracy of the study's information and projections. All deficient service capacity caused or contributed to by the proposed development occurring because of existing inadequacies in the public streets, intersections and other facilities to and/or servicing the proposed development shall be identified, and the Supervisors may, as a condition of approval of any plan, require the applicant to provide, construct, and install such off-site improvements thereto as are reasonably caused by and/or related to the proposed development. In lieu thereof, the developer may, with the Planning Commission's approval, but shall not be required to, make a contribution to the Easttown Township Highway and Traffic Improvement Fund in such amount as determined in accordance with the procedure for establishing public improvements costs otherwise provided for in this chapter.

F. Lot averaging and clustering. Where clustering is proposed in accordance with the provisions of § 455-1 of Chapter 455, Zoning, or lot averaging is proposed in accordance with the provisions of Article VI of Chapter 455, Zoning, or where any other alternative to development is permitted as of right in the applicable zoning district(s), a comparative analysis shall be made of the impacts identified in Subsection E of this section with those that might reasonably be expected should development according to standard base zoning requirements be applied to the same lot for which alternative design treatment is proposed.

[Amended 6-2-2014 by Ord. No. 422-14; 12-15-2014 by Ord. No. 424-14]

§ 400-26 Improvement guarantees.

[Amended 9-17-1990 by Ord. No. 235-90]

A. No final plan shall be finally approved unless all improvements required by this chapter have been installed, constructed, completed and approved by the Township or, as a condition of final plan approval, the developer has provided for the deposit with the Township of financial security and Township inspection fees in an amount sufficient to completely pay for the costs of any such improvements and necessary Township inspections and has executed the agreements specified in Subsection A(1) of this section. Where public sanitary sewer lines are to be installed in any subdivision or land development subject to the jurisdiction of the Easttown Municipal Authority, the financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of that Authority and need not be included within the financial security posted with the Township.

[Amended 5-3-1993 by Ord. No. 263-93]

(1) The developer shall execute the Township's standard form subdivision and land development agreement, financial security agreement, which shall also be executed by the financial institution issuing the financial security, and the developer's performance bond. The terms and conditions of these agreements shall not be amended or modified except as approved by the Township Solicitor and the Supervisors.

(2) The developer shall also post with the Township at the time the financial security is posted such amount as established by resolution of the Supervisors to reimburse the Township for charges incurred by it in the payment of its Solicitor, professional consultants and Engineer in reviewing and/or issuing reports with respect to the plan submission or the making of inspections and issuing of reports about the required improvements. Such fees shall include the fees of those acting under the direct supervision and control of the Township Engineer for such purpose, including consultants and the Municipal Authority's engineer. The fees so established shall be reasonable and shall be the ordinary and customary fees charged by the Township when such fees are not reimbursed or otherwise imposed on developers. The Township Engineer or consultant shall periodically bill the Township for all inspection fees. In the event the developer disputes the amount of any such fee, the procedure established in MPC Section 510(g)(1) through (5)[1] shall be mandatory for the resolution of any such dispute.

[1] Editor's Note: See now 53 P.S. § 10510(g)(1) through (7).

B. The types of financial security acceptable to the Township include federal- or commonwealth-chartered lending institution irrevocable letters of credit, a restrictive account or an escrow account in such lending institutions, or such other security as the Supervisors, in their sole discretion, deem acceptable financial security for the purposes of this section. Such financial security shall be posted with a bonding company or federal- or commonwealth-chartered lending institution chosen by the developer, provided that said institution is authorized to conduct business within the Commonwealth of Pennsylvania. The developer shall also execute and post an unsecured bond which secures to the public the completion of all improvements required by the final plan on or before the date fixed by the Supervisors in approving the plan or as specified in the subdivision and land development agreement.

C. The amount of financial security to be posted for completion of the required improvements shall be equal to 110% of the costs of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual costs of the improvements which have been completed and the estimated costs for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in conformity with this section in order to assure that the financial security equals 110% at all times.

D. If the developer requires more than one year from the date of posting of financial security to complete the required improvements, the amount of financial security determined pursuant to § 400-17B(3) shall be increased by an additional 10% for each one-year period beyond the first anniversary date from the posting of the financial security or to an amount not exceeding 110% of the costs of completing the required improvements as reestablished on or about the expiration of the preceding one-year period.

E. When definite stages of work of installation of the required improvements have been completed, the developer may make written request to the Supervisors to release or authorize release, from time to time, of such portions of the financial security as are necessary for payment to the contractor or contractors performing such stages of work. The Supervisors shall have 45 days from receipt of such request within which to permit the Township Engineer to certify, in writing, to the Supervisors that such portion of the work for which release is sought has been completed in accordance with this chapter and the approved final plan. Upon such certification, the Supervisors shall authorize release or reduction by the financial institution issuing the financial security of an amount as estimated by the Township Engineer which fairly represents the value of the completed improvements. If the Supervisors fail to act within 45 days, the Supervisors shall be deemed to have approved the release or reduction as requested; provided, however, prior to final release at the time of completion and certification by the Township Engineer, the Board shall require retention of 10% of the estimated costs of the improvements.

§ 400-27 Release from improvement guarantees.

[Added 9-17-1990 by Ord. No. 235-90]

A. When the developer has completed all of the required improvements, the developer shall give written notice to the Supervisors, by certified or registered mail, of such completion and shall send a copy of such notice to the Township Engineer. The Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the public improvements. The Township Engineer shall file a written inspection report with the Supervisors. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the Board's written authorization to him to inspect the improvements. The Township Engineer's report shall be reasonably detailed and shall indicate approval or rejection of the improvements, either in whole or in part. If any of the improvements, or any portion thereof, are not approved or are rejected by him, his report shall contain a statement of the reasons for such nonapproval or rejection. Within 15 days of the Supervisors' receipt of the Township Engineer's report, the Supervisors shall give written notice to the developer by certified or registered mail of their action with relation thereto. Failure of the Supervisors or the Township Engineer to act within these time limitations shall constitute a deemed approval that the improvements are acceptable and a release of the financial security.

B. If any portion of the improvements shall not be approved or shall be rejected by the Supervisors, the developer shall proceed to complete those improvements, and, upon completion, the same procedure of notification, as outlined in Subsection A of this section, shall be followed.

C. When the Supervisors accept dedication of all or some of the required improvements following their completion and approval by the Township, the Supervisors shall require the posting of financial security to secure structural integrity and functioning of those improvements in accordance with the design and specifications as depicted on the approved final plan and in the supplementary data and documents approved as a part thereof, for a term of 18 months from the date of the Supervisors' acceptance of dedication. This financial security shall be of the same type as otherwise required in § 400-26 for the installation, construction and completion of such improvements, and the amount of the required financial security shall equal 15% of the actual costs of installation of said improvements as finally calculated.

D. The Supervisors may require dedication to the Township of one or more elements of the required improvements, but shall not be required to accept dedication, except as the Supervisors determine necessary for the promotion and protection of the public welfare. Prior to acceptance of any such dedication, the Board may require that the developer supply a title insurance certificate from a reputable title insurance company which proves that the proposed elements to be dedicated are free and clear of all liens and encumbrances of any kind. Such dedication shall be made and accepted only by deeds and agreements approved as to form and content by the Township Solicitor, subject to the Supervisors' approval. Each proposed deed of dedication shall be accompanied by all required public filing fees, and no dedication shall be accepted until approved by resolution of the Supervisors duly adopted at a public meeting. The as-built plan required by § 400-29 shall be filed of record with the Township Secretary as a condition precedent to any offer of dedication.

E. Whenever a developer proposes to establish or continue a street which is not offered for dedication or not required to be offered for dedication, prior to release of the final plan for recording, he shall enter into an agreement in form suitable for recording with the Township, approved by the Township Solicitor, binding himself, his heirs, successors, administrators and assigns, which shall establish the conditions under which the street may later be offered for dedication. This agreement shall contain and require the following and shall be recorded in the office of the Recorder of Deeds, together with the final plan:

(1) An irrevocable offer to dedicate the street shall be made only for the street as a whole.

(2) The street shall comply with all minimum specifications required by this chapter and shall require that the owners of the lots along the street agree to include with the offer of dedication sufficient financial security, as estimated by the Township Engineer, to restore the street to Township specifications and thereafter maintain the street for a period of 18 months from the date of such dedication.

(3) The method of assessing such repair and maintenance costs among the various owners along the street shall be stipulated in the offer of dedication.

(4) A copy of the developer's agreement offering future dedication shall be and become a part of each deed with respect to each lot sold by the developer along the proposed street to be dedicated, binding the owners of said lots to the terms of the agreement. The existence of this agreement shall appear on the face of the final plan, as approved and recorded.

§ 400-28 Required documents for ownership of common facilities.

[Added 9-17-1990 by Ord. No. 235-90]

A. The final plan shall be accompanied by the declaration of covenants, easements and restrictions to which the subdivision and land development will be subject, together with the bylaws of any legal entity or organization by which such entity or organization will be governed.

B. The following methods may be used to preserve, own, and maintain common open space, community recreation facilities, community sewage facilities, central water supply facilities, stormwater management facilities, common parking areas and driveways, private streets, or any other common or community facilities (hereinafter referred to as "common facilities"): condominium, homeowners' association, dedication in fee simple, easements, and transfer to a private conservation organization. The following specific requirements are associated with each of the various methods:

(1) Homeowners' association. The common facilities may be held in common ownership by a homeowners' association. If a homeowners' association is formed, it shall be governed according to the following regulations:

(a) The developer shall provide to the Township a description of the association, including its bylaws and documents governing maintenance requirements and use restrictions for common facilities.

(b) The association shall be legally established or incorporated by the applicant and shall be operating with adequate financial subsidization by the developer before the sale of any buildings or dwelling units in the development.

(c) Membership in the association shall be mandatory for all purchasers and subsequent owners of lots, buildings or dwelling units.

(d) The association shall be responsible to continuously maintain and insure the common facilities.

(e) The association shall be responsible for all real estate taxes on common facilities.

(f) The members of the association shall share equitably the costs of maintaining, replacing when necessary, insuring and operating common facilities.

(g) In the event of any proposed transfer of common facilities by the homeowners' association or the assumption of their maintenance by the Township as hereinafter provided, notice of such action shall be given to all members of the homeowners' association by said association.

(h) The association shall have or hire adequate staff, as necessary, to administer, maintain, and operate common facilities.

(2) Condominium. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Uniform Condominium Act[1] in effect at the time of construction or transfer. All of the above-described land and facilities shall be held as common elements.

[1] Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

(3) Transfer of easements to a private conservation organization. With permission of the Township, any owner may transfer easements on open space lands to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that:

(a) The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence;

(b) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and

(c) A maintenance arrangement, acceptable to the Township, is established between the owner and the grantee.

(4) Fee simple dedication. The Township or other public agency acceptable to the Township may, but shall not be required to, accept dedication of any portion or portions of the common facilities, provided:

(a) Any common facilities so dedicated are accessible to the residents of the Township;

(b) There is no cost to the Township of acquisition; and

(c) The Township agrees to and has adequate access to maintain such common facilities.

(5) Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of the common facilities, title of which is to remain in ownership by condominium or homeowners' association, provided:

(a) Any common facilities so dedicated are accessible to the residents of the Township;

(b) There is no cost to the Township of easement acquisition; and

(c) A satisfactory maintenance agreement is reached between the owner and the Township.

C. Maintenance and operation of common facilities.

(1) Each preliminary plan application shall be accompanied by a narrative description of the maintenance and operation of common facilities which shall define ownership; establish necessary regular and periodic operation and maintenance responsibilities; estimate staffing needs, insurance requirements and associated costs; and define the means for funding such facilities on an ongoing basis. In form and content approved by the Supervisors, upon approval of and as a condition of the final plan, the Supervisors may require the establishment of an escrow fund by the applicant, under the control of the Supervisors and the homeowners' association or other entity formed to own and maintain common facilities, to guarantee sufficient capital is available at all times for their maintenance, upkeep and replacement. The amount of such fund shall be determined by the Supervisors upon recommendations of the Township Engineer based upon the size and extent of such common facilities and may be funded as lots or buildings are sold by the developer. Dispute about such amount shall be resolved by the procedure established in § 400-17B(3). Funds so established shall be segregated in a separate account in the name of the Township and such entity, and no funds shall be released from such account without the written authorization of the Chairman of the Supervisors, who shall be the account's authorized signatory.

(2) In the event that the organization established to own and maintain the common facilities or any successor organization shall at any time after their establishment fail to maintain, repair, or replace all or any portion of them, the Township may serve written notice upon such organization describing the deficiencies with respect to the common facilities, and said notice shall include a demand that such deficiencies of maintenance, repair or replacement be cured within 30 days thereof and shall state the date and place of hearing thereon which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which said deficiencies shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within the said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the premises and to prevent the common facilities from becoming a public nuisance, may enter upon the premises on which the common facilities are located and maintain them for a period of one year. Said entry and maintenance shall not constitute a taking of said common facilities. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common facilities, call a public hearing upon notice to said organization, or to the residents and owners of the dwelling units attendant thereto, at which hearing such organization or the residents and owners of the aforesaid dwelling units shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common facilities in a reasonable condition, the Township shall cease to maintain said common facilities. If they are not ready and able to maintain the common facilities in a reasonable condition, the Township may, in its discretion, continue to maintain them during the next succeeding year and, subject to a similar hearing and determination, in the year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

(3) The cost of such maintenance and enforcement proceedings by the Township shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The Township, at the time of entering upon such common facilities for the purpose of maintenance, shall file a lien in the office of the Prothonotary of Chester County upon those properties to recover all such costs and expenses.

§ 400-29 As-built plan.

[Added 9-17-1990 by Ord. No. 235-90]

A. Upon completion of a subdivision or land development, contemporaneously with the filing by the developer of the maintenance agreement and maintenance escrow, but in no event later than 90 days from substantial completion of the development, the developer shall file of record with the Township the as-built plan and profile sheets, which shall be drawn at the same scale as the final plan. Refer to Appendix 2 of the Public Improvements Specifications, which are contained in Chapter A490 of the Easttown Township Code, for as-built plan requirements.

[Amended 6-2-2014 by Ord. No. 422-14]

B. Such plan shall be certified by the engineer who prepared the final plan or the project engineer to be in accordance with the actual details of construction.