Township of Upper Chichester, PA
Delaware County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Prior to the approval and recording of any subdivision and land development plan within Upper Chichester Township, the owner or representative of the owner shall submit plans to the Township for review and report in accordance with the procedures within this chapter.
A. 
Submittal and review shall be in accordance with the following table stage:
Table 1
Review Stages
Review Stage
Minor Subdivision
Major Subdivision
Land Development
Sketch
Optional
Recommended
Recommended
Preliminary
Recommended
Mandatory
Mandatory
Final
Mandatory
Mandatory
Mandatory
B. 
Each presentation of a sketch, preliminary, or final plan shall be considered a separate submission, and the application and review process will be the same for each submission.
C. 
For all review stages where review and report are required or requested, 23 copies of every subdivision or land development plan shall be submitted to the Township Secretary along with the Upper Chichester Township Subdivision and Land Development application and fee, the Upper Chichester Township escrow fee for professional review of the plan and/or application, and the Delaware County Planning Department application and fee.
D. 
The 23 copies of plans shall be distributed to the following for review and report:
(1) 
Delaware County Planning Department: three copies.
(2) 
Board of Commissioners: five copies.
(3) 
Planning Commission: seven copies.
(4) 
Township file: one copy.
(5) 
Township Engineer: one copy.
(6) 
Fire Marshal: one copy.
(7) 
Fire Chief: one copy.
(8) 
Police Chief: one copy.
(9) 
Zoning Officer: one copy.
(10) 
Sewage Enforcement Officer: one copy.
(11) 
Southern Delaware County Authority: one copy.
E. 
Review stages where review and report are required or requested shall be acted upon by the Board of Commissioners and a decision rendered and communicated not later than 90 days following the date of the regular meeting of the Board of Commissioners or otherwise following the date the application is filed, provided that should the next regular meeting occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the date the application was filed.
F. 
The decision of the Board of Commissioners shall be communicated in writing to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
G. 
After submitting a preliminary plan, the owner or representative of the owner shall notify all property owners within a five-hundred-foot radius of the parcel/tract boundary in question. Such notice shall occur at least 10 days prior to the first Planning Commission meeting following the submission of said plan. Evidence of such notification in the form of a certified mail receipt shall be presented to the Planning Commission at its first meeting following the submission of the plan.
A. 
A sketch plan of any proposed subdivision or land development may be submitted for review and report to the Township Board of Commissioners and Delaware County Planning Department for purposes of informal discussion among the Township, County Planning staff, and the applicant in order to provide a basis for review of the concept and general design of the proposal prior to the preparation of detailed design plans.
B. 
While the submission of sketch plans is not a required review stage, it is strongly encouraged for the benefit of the developer and the Township. The review of sketch plans can prove to be instrumental in resolving many issues at an early stage in order to conserve time, effort, and expense.
C. 
If members of the Township Planning Commission or county planning staff are consulted in person and no written report is sought, the sketch plan may contain any data that is deemed sufficient to advise the developer, the Township, or both as to the merits, deficiencies, or shortcomings of the plan.
D. 
A review of a sketch plan, whether resulting in verbal comments or in a written report, shall not be regarded as a formal site plan review and shall not constitute part of the official record of the development.
If a written report of the sketch plan review is requested by the applicant, the following requirements shall be met:
A. 
Sketch plans shall be legibly drawn to a scale of not less than one inch equals 100 feet.
B. 
Sketch plans shall be accompanied by a brief narrative describing the intent of the proposal, major planning assumptions, issues, and objectives of the proposed subdivision or land development.
C. 
Sketch plans and all future subdivision or land development plans must be in compliance with the provisions of this chapter and the provisions of Chapter 600, Zoning.
D. 
The following information is required to be included on the sketch plan:
(1) 
A location map at a scale of one inch equals 1,000 feet showing the entire parcel and its relation to the surrounding area.
(2) 
Name and address of the record owner.
(3) 
Name and seal of the engineer, surveyor, planner, architect, or landscape architect responsible for the sketch plan.
(4) 
Title of the plan, North arrow, scale, and date of the drawing, and any revisions.
(5) 
Approximate tract boundaries and a statement of the total acreage of the tract and each proposed lot.
(6) 
Zoning districts and district boundary lines.
(7) 
The nature of all contemplated uses.
(8) 
Significant natural physical features within the tract and adjacent peripheral strip, watercourses, ponds, lakes, wetlands, and proposed major changes to these features.
(9) 
The proposed general layout of lots in subdivisions or, in the case of land developments, the buildings or structures, along with the approximated locations of existing buildings.
(10) 
Proposed streets and their relationships to the existing network outside the site.
(11) 
Locations, widths, and purposes of all existing rights-of-way and easements and the substance of similar proposed restrictions.
(12) 
The one-hundred-year floodplain boundary line.
(13) 
When the preliminary plan included only a portion of a landowner's or developer's entire tract or such portion is contiguous to another tract of the landowner or developer, the dimensions, metes, and bounds of the balance of such entire tract of other tract shall also be shown.
A. 
Preliminary plans shall be legibly drawn at a scale of not less than one inch equals 50 feet.
B. 
The preliminary plan shall include all of the information required on the sketch plan as well as the following additional information:
(1) 
The name and seal of the professional land surveyor, engineer, architect, or landscape architect responsible for the preliminary plan.
(2) 
Tract boundaries with bearings and distances and a statement of the total acreage of the tract to the nearest tenth of an acre.
(3) 
Bearings and distances of each proposed lot line within the tract.
(4) 
Zoning districts and the applicable area and bulk requirements.
(5) 
All existing and proposed streets within and adjacent to the tract along with right-of-way widths and cartway widths together with preliminary profiles.
(6) 
The method for controlling surface water runoff.
(7) 
All existing sanitary and storm sewers, waterlines, fire hydrants, utility transmission lines, culverts, bridges, and railroads within the tract and within 200 feet of its boundaries.
(8) 
Contours at two-foot intervals except where ground is at a grade of 2% or less, in which case such contours shall be shown at one-foot intervals, based upon an actual field survey and the National Geodetic Vertical Datum.
(9) 
Preliminary profiles and other explanatory data concerning the installation of sanitary and storm sewer systems and water distribution systems.
(10) 
The location and delineation of wetlands based upon the appropriate regulatory requirements.
C. 
The following additional information is required for land development plans only:
(1) 
Locations and sizes of all proposed land uses including residential uses by type, community facilities, etc., and areas to be dedicated or reserved for public or common use, together with the proposed manner of their maintenance if not located.
(2) 
Proposed locations of all buildings and parking areas together with an appropriate indication of size (e.g., the number of prospective dwelling units shall be indicated in multiple dwelling buildings); tentative layout of parking areas including notation of individual parking spaces.
(3) 
A tentative layout of the pedestrian movement system.
D. 
The following additional requirements shall apply to all subdivision and land development plans where applicable:
(1) 
Erosion and sedimentation control plans shall be submitted to the Township, the Delaware County Planning Commission, and the Delaware County Conservation District.
(2) 
A planning module request shall be submitted to Upper Chichester Township following preliminary approval of the development plan.
(3) 
In the case of plans which call for development in phases, a map at an appropriate scale showing the successive phases and a schedule of time within which applications for final approval of all parts of the development are intended to be filed.
A. 
The requirements for submission of all final subdivision and land development plans are the same as those for preliminary plans.
B. 
The contents of final plans shall include all of the information required on the preliminary plans as well as the following more detailed and complete information.
(1) 
Name and seal of the professional land surveyor, architect, or engineer responsible for the plan and a certification by him that the plan represents a survey made by him or by his authorized licensed representative and that all of the information illustrated on the plan is accurate and correct and that all the requirements of this chapter have been met.
(2) 
Lot numbers together with accurate dimensions and areas.
(3) 
Accurate distances and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the final plan.
(4) 
Final cross sections of all proposed streets showing right-of-way, paved width, location of curbs and sidewalks; plans and profiles of streets showing grades and horizontal and vertical alignment approved by the Township Engineer.
(5) 
Final profiles and other explanatory data concerning the installation of sanitary and storm sewer systems and water distribution systems.
(6) 
Names of all adjacent property owners shall be shown on the final plan.
(7) 
A copy of any existing or proposed deed restrictions or protective covenants applying to the proposed developments shall be submitted with the final plans.
(8) 
A final erosion and sedimentation control plan including proof of application for any permit required by the Pennsylvania Department of Environmental Protection or the Delaware County Conservation District.
(9) 
A plan which shows the proposed grading and drainage of the site.
(10) 
Certificate of proposed dedication of streets and other areas to be devoted to public uses.
(11) 
The exact locations, widths, and purposes of existing and proposed easements and utility rights-of-way.
(12) 
The location of all monuments at the permanent outbound of the site at angle points along a street line and at individual lot corner.
(13) 
The exact location of all streetlights within the developments.
(14) 
When a development requires access to a state highway, a note indicating the need for a Pennsylvania Department of Transportation highway occupancy permit.
C. 
The following additional information is required for land development plans only.
(1) 
The locations and heights of all structures, including freestanding signs, and distances between buildings and between buildings and streets or property lines.
(2) 
Number of dwelling units, by type, by number of bedrooms, and the location and square footage of floor space to be devoted to nonresidential use, together with use specifications.
(3) 
The location, square footage, and number of vehicular parking spaces in all parking areas and specifications of type and size of other parking facilities.
(4) 
Locations and widths of all private driveways and pedestrian walkways, if any, and any controls proposed at their intersections with streets carrying vehicular traffic.
(5) 
The exact locations and sizes of all public or common open space areas, recreational areas, and facilities and the ownership and proposed maintenance, offers of dedication, or covenants governing their use.
(6) 
A final landscaping plan indicating precise types, quantities, and sizes of proposed trees, shrubs, and ground covers and other landscaping elements, certified by a registered landscape architect.
D. 
The following additional requirements shall apply to all final subdivision and land development plans where applicable:
(1) 
The required application and plans shall be submitted to the Southern Delaware County Municipal Authority.
(2) 
A Public Utility Commission (PUC) "Certificate of Public Convenience" must be presented to the Township to ensure that a sufficient water supply is available from the municipal public water systems at the time of occupancy.
(3) 
In the case of subdivisions or land developments to be developed in stages or sections, the requirements of the preliminary plans shall apply. Final plan requirements as listed herein shall apply only to the stage or section for which final approval is being sought. However, the final plan presented for that stage or section must be considered as it relates to information presented for the entire subdivision or land development in the application for preliminary approval.
A. 
Prior to construction, the developer is required to schedule a preconstruction conference with the Township Secretary, Township Engineer, the Building Inspector, and any other Township officials the Township deems necessary.
B. 
The applicant agrees that he will lay out and construct all roads, streets, lanes, or alleys together with all other improvements, including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space and restricted areas, and erosion and sediment control measures in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval, and that he shall complete these improvements within the time or times specified by the Board of Commissioner.
C. 
That the applicant guarantees completion and maintenance of all improvements by means of a corporate surety bond or deposit of funds or government securities in escrow or irrevocable letter of credit acceptable to the Township in accordance with Section 509 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
D. 
The applicant agrees if requested to tender a deed of dedication to the Township for streets, any and all easements for sanitary sewers, waterlines, or storm sewers and improvements thereto, including street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements and as are required for the promotion of public health, safety, and welfare, after all streets, sidewalks, sewers, and the like are completed and such completion is certified as satisfactory by the Township Engineer. The Board of Commissioners may require that the applicant supply a title insurance certificate from a reputable company before any property is accepted by the Township.
E. 
The submission to the Township of all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as Pennsylvania Departments of Transportation and Environmental Protection and the Public Utility Commission.
A. 
In lieu of the completion of any improvements required as a condition for the final approval of a subdivision or land development plan, the applicant shall provide for the deposit of financial security in an amount sufficient to cover the costs of such improvements or common amenities, including, but not limited to, roads, stormwater detention and/or retention basins, and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required.
B. 
In order to facilitate financing, the Board of Commissioners shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security.
C. 
If financial security has been provided in lieu of the completion of improvements as a condition for the final approval of a plan, the Township shall not condition the issuance of building, grading, or other permits relating to the erection or placement of improvements.
D. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost 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 cost of the improvements which have been completed and the estimated cost 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 order to ensure that the financial security equals 110%. The amount shall be determined in accordance with Section 509 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
A. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall submit an "as-built plan" of all such improvements also indicating the location of all perimeter and street monuments and notify the Board of Commissioner in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board of Commissioners shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall thereupon file a report, in writing, with the Board of Commissioners, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board of Commissioners; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and, if said improvements or any portion thereof shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
B. 
The Board of Commissioners shall notify the developer within 15 days of receipt of the Engineer's report, in writing by certified or registered mail, of the action of the Board of Commissioners with relation thereto.
C. 
If the Board of Commissioners or Township Engineers fails to comply with the provisions of this section, then all improvements will be deemed to have been approved, and the developer shall be released from all liability, pursuant to his performance guarantee bond.
D. 
In the event that any of the necessary and appropriate improvements have not been installed, constructed, or completed as provided in this chapter or as proposed on the final plan, the Board of Commissioners of Upper Chichester Township is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. The Township may take legal action to secure all necessary equity from the developer to install, repair, or correct any unacceptable improvements provided by the developer. This shall be in accordance with Section 510 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10510.
A. 
The developer shall, within 90 days of the final approval of a subdivision or land development plan, record such plan in the office of the Recorder of Deeds in the Delaware County Court House.
B. 
The plan of record must include the official approval of the Board of Commissioners of Upper Chichester Township and the stamp of the Delaware County Planning Commission.
C. 
The recording of the plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.
D. 
After the subdivision plan has been recorded as provided for in this chapter, all streets and public grounds on such plan shall become a part of the official map of the municipality without public hearing.