A.
In order to discharge the duties imposed by law, the Board of Supervisors
of West Bradford Township has adopted the following procedures, which
shall be observed by all applicants.
B.
All preliminary and final subdivision plans shall be submitted to
the Board of Supervisors in accordance with the procedures in this
article and Act 247. Plans will be forwarded to the Township Planning
Commission and the Township Engineer for review. The resulting reviews
and recommendations shall be forwarded to the Board of Supervisors.
The decision on any subdivision or land development plan shall be
made by the Board of Supervisors as specified in this chapter and
Act 247.
All subdivision and land development plan applications shall,
for the purposes of this procedure, be classified as either minor
or major. Plans shall be classified in accordance with the following
criteria:
A.
Minor subdivision plan. A subdivision plan may be classified as a
minor subdivision where the following circumstances apply:
(1)
No street, either public or private, nor any improvement (including
the extension of a public water or sewer main) which is intended to
be dedicated to the Township is to be constructed.
(2)
No land disturbance activities will take place except those incidental
to construction of a single-family detached dwelling on a single-family
lot.
(3)
No more than two new lots are proposed.
(4)
No further subdivision can occur within the resulting lots.
(5)
The purpose of the plan is to provide a lot line adjustment or a
recombination of lots and no development is proposed.
B.
Minor land development plan. A land development may be classified
as a minor land development where the following circumstances apply:
(1)
The addition to an existing nonresidential structure having an area
which is the equivalent of not more than 10% of the existing gross
floor area or 1,000 square feet, whichever is less.
(2)
The expansion of an existing parking lot having an area which is
the equivalent of not more than 20% of the existing parking lot area
or 1,500 square feet, whichever is less.
A.
Review procedure for minor and major plan submittals. Whenever any
subdivision or land development is proposed, and before any permit
for the erection of a structure in such proposed subdivision or land
development is granted, the applicant or his authorized agent shall
apply for and secure approval of such proposed subdivision or land
development in accordance with the following procedure, which includes
two steps for a minor subdivision or land development plan and three
steps for a major subdivision or land development, in accordance with
the following review procedures:
|
Table 300-1
Minor and Major Plan Requirements
| ||||
|---|---|---|---|---|
|
Plan Stage
|
Minor Subdivision or Land Development
|
Major Subdivision
|
Major Land Development
|
Relevant Section
|
|
Sketch
|
Strongly recommended
|
Strongly recommended
|
Strongly recommended
|
§ 385-20
|
|
Preliminary
|
Not required
|
Required
|
Required
|
§ 385-21
|
|
Final
|
Required
|
Required
|
Required
|
§ 385-22
|
B.
Official submission dates. For the purposes of these regulations,
for both minor and major subdivisions and land development plans,
the date of the regularly scheduled subdivision meeting of the Board
of Supervisors following the submittal of a complete application to
the Township shall constitute the official filing date of the plan
at which the statutory period required for formal approval or denial
of the plan shall commence to run.
C.
Open space; recreation. Any subdivision or land development plan proposal that is required to provide open space or recreation facilities or will include any open space or recreation proposal must first be presented by the applicant to the Township Recreation Commission for review. This can occur simultaneously with the preliminary plan review by the Planning Commission as set forth in Table 300-2 below. A failure to follow this procedure should be deemed a failure to comply with the open space requirements found in § 385-25 herein and Chapter 450, Zoning, of the Code.
|
Table 300-2
Submission of Subdivision or Land Development Plans to
Recreation Commission
| ||
|---|---|---|
|
Plan Stage
|
Minor/Major Subdivision or Land Development
| |
|
Sketch
|
Optional
| |
|
Preliminary
|
Required
| |
An applicant may seek approval for a minor subdivision or land development, as defined under the terms of § 385-10A and B, according to the following procedure:
B.
As part of the final plan review process for minor subdivisions or land developments, copies shall be sent by the Township to the relevant agencies as listed in § 385-15.
C.
All minor subdivision or land development plans shall be referred
by the Board of Supervisors to the Planning Commission for review.
B.
Planning Commission review. If the Planning Commission makes no reply
within the time allotted, the Board of Supervisors may proceed to
act on the plan without a formal recommendation by the Planning Commission.
C.
Board of Supervisors review.
(1)
All applications for preliminary or final plan approval shall be
acted upon by the Board of Supervisors within 90 days following the
date of the next regular Planning Commission meeting following the
date the application is filed in compliance with the applicable requirements
of Section 508 of Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(2)
The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant personally or mailed to the
applicant at the address listed on the application not later than
15 days following the decision or by the end of the said ninety-day
period, whichever shall first occur. The form and content of the decision
shall comply with the applicable requirements of Section 508 of Act
247.
(3)
The applicant may request, in writing, an extension of time beyond
the ninety-day period in which a decision concerning approval or denial
of a plan is to be rendered. Following receipt of the applicant's
written grant of extension of time, the Board shall render a decision
and communicate it to the applicant before the end of the extended
time period.
A.
Scope and authority. No application shall be required for presenting
a sketch plan, and the presentation shall not be considered a formal
application under the terms of Act 247. The presentation of a sketch
plan shall be considered a convenience to the applicant in order that
he may discuss the physical arrangement of the proposed subdivision
or land development with the Planning Commission prior to the preparation
of detailed engineering plans. Applicants shall have the right to
proceed directly to preliminary plans without the filing of a sketch
plan in accordance with the provisions hereinafter, and file the same
subject to the limitations imposed by Act 247.
B.
Submittal procedure. The sketch plan may be submitted by the applicant as a basis for discussion with the Planning Commission as to the intended use and arrangement of a proposed subdivision or land development. Sketch plan information recommendations are included in § 385-20. The applicant shall furnish nine copies of the sketch plan to the Township office for transmittal to the Planning Commission, which copies shall include an address and telephone number of the applicant who may be contacted regarding the sketch plan in accordance with the provisions of § 385-20. Applicant shall also furnish the Township with the plans in a digital format deemed acceptable by Township staff.
[Amended 9-10-2013 by Ord. No. 2013-04; 5-19-2023 by Ord. No. 2023-02; 8-8-2023 by Ord. No. 2023-03]
C.
Classification. The Township Manager or his designee shall make tentative classification of the sketch plan at this time as to whether the subdivision or land development is a minor or major subdivision or land development in accordance with the provisions of § 385-10.
D.
Township review procedure.
(1)
The
Planning Commission shall review the sketch plan with the applicant
at a pubic meeting and offer verbal review comments and recommendations
to the applicant.
[Amended 9-10-2013 by Ord. No. 2013-04]
(2)
The Planning Commission shall review the sketch plan, taking into
consideration the requirements of this chapter and the best use of
the land being subdivided or developed. Particular attention will
be given to the following:
(a)
Potential required waivers to the provisions of this chapter.
(b)
Arrangement, location and width of streets, their relation to
the topography of the land.
(c)
Sewage disposal, drainage, retention of stormwater.
(d)
Lot sizes and arrangement.
(e)
Natural features and site analysis.
(f)
Further development of adjoining lands as yet unsubdivided.
(g)
Relationship to adjacent subdivisions.
(h)
Traffic impacts.
(i)
Review any comments from the Chester County Planning Commission
(if received) and determine general compliance with the Official Map
and Comprehensive Plan as adopted by West Bradford Township.
A.
Submittal procedure. The applicant shall submit to the Board of Supervisors
three copies of the prescribed application. The application shall
be:
(1)
Made on forms available at the Township office, together with the
appropriate filing fee.
(2)
Accompanied by 15 copies of the preliminary plan and profiles and
six copies of the required accompanying material as described in these
regulations, including proof of notice of the proposed subdivision/land
development to each property owner of record within 250 feet of the
property which is the subject of the proposed subdivision/land development.
This proof of notice may be a copy of the first-class notification
letter mailed to each property owner of record within 250 feet; registered/certified
mail is not required.
[Amended 9-10-2013 by Ord. No. 2013-04; 5-19-2023 by Ord. No. 2023-02; 8-8-2023 by Ord. No. 2023-03]
(3)
In addition to the plans required in Subsection A(2) above, a copy of the plan must be submitted in either a .DXF or .DWG electronic format. The data must contain all layers shown on the paper plats. The electronic submission may be on a compact disc (CD) or a digital video disk (DVD+ format) uncompressed. A copy of all other material submitted with the application shall be submitted digitally, in either a PDF or Microsoft Word format. Read-only permissions for all digital submissions are allowed. Any change to or the resubmittal of the plans shall require a new CD or DVD+ be provided to the Township containing the changed data.
(4)
Submitted to the Board of Supervisors at least two working days prior
to its regular subdivision meeting.
(5)
Upon receipt of such plans, the Board of Supervisors shall submit
copies to the following:
(a)
One copy of the application and one copy of the plan and profiles
to the Chester County Planning Commission.
(b)
One copy of the plan, profiles, and accompanying material to
the Township Engineer.
(c)
One copy of the plan and profiles to the Chester County Soil
Conservation District.
(d)
One copy of the plan and profiles to the Chester County Health
Department.
(e)
One copy of the application and accompanying material and two
copies of the plan and profiles to the Township Planning Commission.
(f)
Retain one copy of the application and accompanying material
and one copy of the plan and profiles for the Township files.
(g)
One copy of the plan to each member of the Board of Supervisors.
(6)
If a change in design concept is proposed after the granting of preliminary
plan approval, the plan must be resubmitted as a preliminary plan.
B.
Township review procedure — preliminary plan.
(1)
Township Planning Commission.
(a)
The Township Planning Commission, at its regularly scheduled
meeting, shall discuss the preliminary plan with the applicant or
his agent and review the plan to determine if the plan meets the standards
set forth in this chapter. The Planning Commission shall promptly
submit its recommendations to the Board of Supervisors for consideration
at the next regularly scheduled subdivision meeting of the Board following
the completion of the Planning Commission's review.
(b)
Plan revisions. During the course of the Planning Commission's
review of the plan and prior to any action by the Board of Supervisors
within the required ninety-day period, the applicant may revise the
plan. Eight copies of the revised plan and one digital plan copy,
which shall note the date of the revision(s), shall be submitted to
the Township. Upon the submission of a revised plan, the applicant
shall sign a statement withdrawing any previously submitted plans
from consideration, and a new ninety-day time period for formal review
and notification shall commence from the date of submission of the
revised plan (see Appendix C for suggested form).[1] The revised plans shall be submitted to the Township not
latter than 10 working days prior to a regularly scheduled meeting
of the Planning Commission. The Township may require additional copies
of the revised plans, which plans shall be delivered within seven
days of the request:
[1]
One copy to the Township Engineer.
[2]
One copy to the Township files.
[3]
Two copies to be retained by the Planning Commission.
[4]
Three copies to the Board of Supervisors.
[1]
Editor's Note: Appendix C, Plan-Related Applications, Forms and Checklists, is attached to this chapter.
(2)
The Board of Supervisors. At a public meeting, the Board of Supervisors
shall review the recommendation of the Planning Commission or, in
the absence of a Planning Commission recommendation, determine the
plan's conformity to the design requirements contained in the chapter
and render a decision on the application.
(a)
The decision of the Board of Supervisors shall be communicated in accordance with the standards set forth in § 385-13C(2) via certified/registered mail.
(b)
When the application is not approved in terms as filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the chapter relied upon.
A.
Submittal procedure. Within one year following the review of the
preliminary plan in the case of a major subdivision or land development,
the applicant, if he wishes to proceed with the subdivision or land
development, shall file with the Board of Supervisors an application
for final plan approval. Unless an extension of time has been granted
by the Board of Supervisors upon written request, a plan submitted
after the one-year period shall be considered a new preliminary plan
and shall be required to comply with all preliminary plan application
procedures and requirements of this chapter. The application shall:
(1)
Be made on forms available at the Township office, together with
the appropriate filing fee.
(2)
Be accompanied by 15 copies of the final plan and profiles and six
copies of the required accompanying material as described in these
regulations. Including proof of notice of the proposed subdivision/land
development to each property owner of record within 250 feet of the
property which is the subject of the proposed subdivision/land development.
This proof of notice may be a copy of the first-class notification
letter mailed to each property owner of record within 250 feet; registered/certified
mail is not required.
[Amended 9-10-2013 by Ord. No. 2013-04; 5-19-2023 by Ord. No. 2023-02; 8-8-2023 by Ord. No. 2023-03]
(3)
In addition to the plans required in Subsection A(2) above, a copy of the plan must be submitted in either a .DXF or .DWG electronic format. The data must contain all layers shown on the paper plats. The electronic submission may be on a compact disc (CD) or a digital video disk (DVD+ format) uncompressed. A copy of all other material submitted with the application shall be submitted digitally, in either a PDF or Microsoft Word format. Read-only permissions for all digital submissions are allowed. Any change to or the resubmittal of the plans shall require a new CD or DVD+ be provided to the Township containing the changed data.
(4)
Comply in all respects with the sketch plan or preliminary plan,
depending upon the classification of the subdivision or land development.
(5)
Be submitted to the Board of Supervisors at least two working days
prior to its regular subdivision meeting.
(6)
Upon receipt of such plans, the Board of Supervisors shall submit
copies to the following:
(a)
One copy of the application and one copy of the plan and profiles
to the Chester County Planning Commission.
(b)
One copy of the plan and profiles to the Township Engineer.
(c)
One copy of the plan and profiles to the Chester County Soil
Conservation District.
(d)
One copy of the plan and profiles to the Chester County Health
Department.
(e)
One copy of the application and accompanying material and two
copies of the plan and profiles to the Township Planning Commission.
(f)
Retain one copy of the application and accompanying material
and one copy of the plan and profiles for the Township files.
(g)
Retain three copies of the plan and profiles and one copy of
accompanying material.
(h)
One copy of the plan to each member of the Board of Supervisors.
B.
Township review procedure — final plan.
(1)
The Township Planning Commission.
(a)
The Planning Commission, at its regularly scheduled meeting,
shall discuss the final plan with the applicant or his agent and review
the plan to determine if the plan meets the standards set forth in
this chapter. The Planning Commission shall promptly submit its recommendations
to the Board of Supervisors for consideration at the next regularly
scheduled subdivision meeting of the Board following the completion
of the Planning Commission's review.
(b)
Plan revisions. During the course of the Planning Commission's
review of the plan, and prior to any action of the Board of Supervisors
within the required ninety-day period, the applicant may revise the
plan. Eight copies of the revised plan and one digital plan copy,
which shall note the date of the revision(s), shall be submitted to
the Township. Upon the submission of a revised plan, the applicant
shall sign a statement withdrawing any previously submitted plans
from consideration, and a new ninety-day time period for formal review
and notification shall commence from the date of submission of the
revised plan (see Appendix C for suggested form).[1] The revised plans shall be submitted to the Township not
later than 10 working days prior to a regularly scheduled meeting
of the Planning Commission, as follows:
[1]
One copy to the Township Engineer.
[2]
One copy to the Township files.
[3]
Two copies to be retained by the Planning Commission.
[4]
Three copies to the Board of Supervisors.
[1]
Editor's Note: Appendix C, Plan-Related Applications, Forms and Checklists, is attached to this chapter.
(2)
The Board of Supervisors. At the public subdivision meeting, the
Board of Supervisors shall review the recommendation of the Planning
Commission or, in the absence of a Planning Commission recommendation,
determine the plan's conformity to the design and requirements contained
in this chapter.
(a)
The decision of the Board of Supervisors shall be communicated in accordance with the standards set forth in § 385-13C(2).
(b)
When the application is not approved in terms as filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the chapter relied upon.
(c)
The applicant shall agree to complete all improvements listed in Article V of this chapter, as the Board of Supervisors may require in the public interest, as a prerequisite for approval of the final plan. In effect, no final plan will receive approval of the Board of Supervisors unless the applicant has completed all required improvements in accordance with the standards specified in this chapter or has filed with the Board of Supervisors a performance bond in favor of the Township or has given other assurance acceptable to the Board of Supervisors that the improvements will be completed.
After final plan approval and within 30 days after the completion
of all required improvements, the applicant shall submit a record
plan showing the location, dimension and elevation of all improvements.
In addition, the plan shall indicate that the resultant grading, drainage
structures and/or drainage systems and erosion and sediment control
practices (including vegetative measures) are in substantial conformance
with the previously approved drawings and specifications. The plan
shall note all deviation from the previously approved drawings. Three
paper copies and two electronic copies of the plan shall be submitted
to the Board of Supervisors, which shall distribute them as follows:
A.
One copy to the Township Engineer.
B.
Two copies to the Township files.
C.
One electronic copy of the record plans must be submitted using the
AutoCAD 2002 compatible or .DWG and .DXF CAD file formats.
D.
One electronic copy of the record plans must be submitted in a PDF
format showing the design engineer's seal and signature.
A.
No more than 90 days after approval of the final plan by the Board
of Supervisors, the plan shall be filed for recording by the applicant
with the Chester County Recorder of Deeds. Should the plan not be
recorded within such period, the action of the Board of Supervisors
shall become null and void. The record plan to be recorded shall be
an exact copy of the approved final plan prepared in accordance with
the provisions of this chapter. The record plan shall be filed with
the County Recorder of Deeds before proceeding with the sale of lots
or construction of buildings.
B.
Recording of the record plan after approval of the Board of Supervisors
shall have the effect of an irrevocable offer to dedicate to the public
use all streets and other public ways shown thereon unless reserved
by the applicant as hereinafter provided. The approval of the Board
of Supervisors shall not impose any duty upon the Township concerning
maintenance or improvement of any such dedicated streets or public
uses until the Board of Supervisors shall have accepted the same by
ordinance or by resolution. The applicant shall place a notation on
the record plan to the effect that there is no offer of dedication
to the public of certain designated areas, streets or alleys; in which
event, the title to such areas shall remain with the owner, and the
Board of Supervisors shall assume no responsibility for improvements
or maintenance thereof, which fact shall also be noted on the record
plan.
All streets, parks or other improvements shown on the subdivision
or land development plan, recorded or otherwise, shall be deemed to
be private until such time as the same has been offered for dedication
to the Township and accepted by resolution by the Township Supervisors.
