[Ord. 197, 12/1/2008]
1.
Final authority for approval or denial of approval of all preliminary
and final subdivision and land development plans shall be vested in
the Borough Council in accordance with the procedure specified in
this Chapter. However, prior to action by the Council, all such plans
shall be referred to the Borough Planning Commission and Engineer
for review and recommendation; provided, however, that the failure
to make such referral and/or the failure of the Planning Commission
to review and/or make a recommendation with respect to any such plan
shall not affect the validity of any action taken by the Council with
respect to any such plan. In addition, the Planning Commission may
solicit reviews and reports from adjacent municipalities, other governmental
agencies and other persons or entities that it considers to be affected
by the plan.
2.
To uphold the duties imposed by law, the Borough Council of Honey
Brook Borough has adopted the following procedures which shall be
observed by all applicants, developers, and their agents.
[Ord. 197, 12/1/2008]
1.
Plan Classifications.
A.
For purposes of procedure, all applications shall be classified as
either major or minor:
(1)
Minor Plan Applications. Any subdivision in which all the following
apply:
(a)
No street is to be constructed or widened.
(b)
No public improvement intended to be dedicated to the Borough
is to be constructed, except basic utilities such as water and sewer
lines.
(c)
No land disturbance activities will take place, except those
incidental to construction of a single-family dwelling on each lot.
B.
Determination of Plan Classification. Subdivision or land development
plan submittals shall be made to the Borough or other person so designated
by the Borough Council to receive plans, who shall make the determination
as to whether the subdivision or land development is classified as
major or minor. This can also be done during the sketch plan phase.
3.
Overview of Submittal Process. The process of submitting, reviewing
and approving subdivision and land development site plans consists
of the following phases. Below is a description of each phase and
its purpose in the overall process:
A.
Sketch Plan Phase. The sketch plan phase takes place prior to the submission of an application. Although not obligatory and solely at the discretion of the applicant, it is strongly recommended that this phase be used. This phase provides the applicant with an opportunity to have a pre-application meeting with the Borough in which to ask questions about such topics as interpretation of ordinance language, potential waiver and variance requests, and conceptual design issues. The sketch plan phase also provides the Borough with an opportunity to become acquainted with the project and to express concerns that may surface about such issues as ordinance compliance and community impact. The sketch plan is a conceptual phase with general plan information provided as specified in §§ 22-303 and 22-402 of this Chapter. This is not an engineered phase. The chief value of this phase is that important design issues can be considered and clarified at the conceptual-design stage before unnecessary costly drafting, design, engineering, and agency review funds are expended. It can also be used as a form to determine plan classification.
B.
Application. When an application is submitted for a subdivision or
land development, and is accompanied by the specified fee, it is reviewed
by the Borough. This review is conducted to determine if the application
is correctly executed and the plan(s) accompanying it contain required
information to constitute a valid application. If the application
is judged to be suitable, it will be accepted and submitted to Borough
Council for forwarding to the Planning Commission. If judged to be
inadequate, it will be returned to the applicant for resubmission.
C.
Preliminary Plan Phase.
(1)
The preliminary plan phase commences with the Borough's
acceptance of the applicant's submission of a major plan application
and ends with an action on the plan by Borough Council. Between those
two events is an iterative process where a number of agencies review
the plan and offer comments, and the applicant responds to those comments
and takes corrective action that may involve revised plans being subjected
to review. The efficiency of this review process depends chiefly upon
two critical factors. First, whether the submitted plan is fully responsive
to Borough and other ordinances and requirements. Second, whether
the information on the plan is accurate and complete. A plan that
ignores ordinance requirements or lacks sufficient detail can be only
partially reviewed and will result in delays while the information
is sought and subsequent reviews initiated.
(2)
The preliminary plan, when reviewed and revised in compliance with the Planning Commission's recommendations, and submitted to the Borough Council seeking their approval as per §§ 22-304 and 22-403, represents a design that is likely to be mostly complete. If the Borough Council grants preliminary approval, the design at that point becomes fixed. Subsequently only minor changes including, but not limited to, adding design details such as additional trees above and beyond that required in this Chapter, street lights and screening can be made to the plan. If a substantial change in design concept, such as, but not limited to, additional lots, additional rights-of-way, additional grading or additional paving, is proposed after the granting of preliminary approval, the plan must be resubmitted as a preliminary plan. If the preliminary plan is denied it shall be necessary to submit a new plan application. If the preliminary plan is approved with conditions the applicant must accept such conditions in writing within 14 days or the preliminary plan shall be deemed to be denied.
D.
Final Plan Phase. The submission of the final plan differs according to whether the proposed plan is classified as a major or minor plan application as outlined in Subsection 1 above. Major subdivision or land development plans are required to proceed through the preliminary plan review phase prior to the submittal of a final plan. Minor subdivision plans may proceed directly to final plan submittal. The purpose served by each type of final plan is described below.
(1)
Major Plans. The purpose of the final plan of a major subdivision or land development is to enable the Borough to determine whether or not all aspects of a major subdivision or land development conform to Borough standards and conditions established by Borough Council for preliminary plan action, and to provide a means to ensure that completion of required improvements is guaranteed prior to official action on the plan. After the Borough Council has approved the preliminary plan, the applicant adds the final plan information as required by this Chapter and submits the plan to the Borough for review by the Planning Commission and the Borough Engineer. The Planning Commission then submits a letter of recommendation for plan approval or disapproval to Borough Council. After receiving that letter and a final review letter from the Borough Engineer, Borough Council votes to approve or reject the plan, as per §§ 22-305 and 22-404.
(2)
Minor Plans. In the case of a minor subdivision, the purpose
of the final plan is to ensure that the proposal meets all the provisions
of the Borough codes and ordinances and other applicable requirements
prior to official action on the plan. No preliminary plan is required.
The applicant submits the plan to the Borough for review by the Planning
Commission and the Borough Engineer. The Planning Commission then
submits a letter of recommendation for plan approval or disapproval
to the Borough Council. After receiving that letter and a final review
letter from the Borough Engineer, Borough Council votes to approve
or reject the plan.
[Ord. 197, 12/1/2008]
1.
Sketch Plan Submission.
A.
Applicants for either major or minor application approval may submit
a sketch plan to the Honey Brook Borough Planning Commission for review
prior to submission of a formal application. The Borough encourages
sketch plan submission for both major and minor applications so the
parties can agree on a plan that most benefits Borough residents.
Submission of a sketch plan is conceptual only and does not constitute
a formal subdivision or land development application. As such, this
procedure is not subject to the limits of the MPC.
B.
Where a sketch plan is submitted, sufficient copies, as specified
on the application form, should be submitted to the Borough for distribution
to the Planning Commission and Engineer prior to the Planning Commission
meeting at which the sketch plan is to be discussed.
C.
The applicant is strongly urged to consult the existing features
and conservation plan, stormwater management and erosion sedimentation
control plan of this Chapter prior to submission of the sketch plan
in order to insure that the proposed subdivision or land development
concept reflects those applicable requirements.
E.
In preparing the sketch plan, the applicant also is advised to consult:
2.
Sketch Plan Review.
A.
The sketch plan submission shall not constitute a formal plan filing,
but is a voluntary, informal, cooperative, and highly encouraged process
which is not subject to the MPC time frames named for preliminary
and final plans. If an applicant provides a sketch plan to the Borough,
the Borough Planning Commission shall, at a meeting with the applicant,
consider the suitability of the sketch plan for the site and its relationship
to the harmonious extension of streets and utilities, proposed design
and lot layout, arrangement and density of housing, and compatibility
of the plan with the Honey Brook Joint Comprehensive Plan (1993) as
it may be amended from time to time or its successor provisions. Where
applicable, the sketch plan may also be submitted by the Honey Brook
Borough Planning Commission to the Chester County Planning Commission
for informal review, and the review comments from Chester County Planning
Commission shall be considered. A discussion of the preliminary and
final plan review process shall also take place at the meeting so
that a clear understanding of the formal plan review procedure exists
between the Borough and the applicant. If necessary, classification
as a major or minor application can also be determined. Based on this
meeting, the Planning Commission shall submit its written comments
to the applicant.
B.
The applicant may, but need not, request further review of the sketch
plan by Borough Council. If further review is requested, Borough Council
may consider the sketch plan, the written or other comments of the
Planning Commission, meet with the applicant, and advise the applicant
as to Council's comments with respect to the sketch plan; provided,
however, that Borough Council is not required to review the sketch
plan, nor to submit comments to the applicant if Borough Council does
review the sketch plan.
C.
Nothing herein contained, nor the failure of the Planning Commission
or Borough Council, or both, to proceed or act in accordance with
this Section, shall be deemed to be a decision with respect to any
subdivision or land development plan or to vest any rights in the
applicant.
[Ord. 197, 12/1/2008]
1.
Preliminary Plan Submission.
A.
All preliminary plans submitted for major applications pursuant to
this Chapter shall conform to the requirements of this Chapter and
shall, in addition, conform to such administrative regulations of
the Borough as may have been adopted by the Council at any time or
from time to time and as shall be in effect and applicable to the
submission at the time such submission is initiated. All submissions
shall be on the form promulgated by the Borough for the submission
of subdivision or land development plans.
B.
Official submission of a preliminary plan to the Borough shall consist
of the following and shall be submitted to the Borough in accordance
with the terms of this Chapter:
(1)
Two copies of the application for review of preliminary subdivision
or land development plan on the form promulgated for this purpose.
(2)
A sufficient number of copies (as specified on the application
form) of the preliminary plan and all supporting plans and information
to enable proper distribution and review, as required.
(3)
Payment of application fees and deposit of escrow for plan review
costs, as prescribed in the applicable Borough fee schedule which
may be adopted by resolution of the Borough Council from time to time.
(4)
Two copies of the information checklist in the form required
by the Borough.
C.
It shall be the ongoing responsibility of the applicant to provide
to the Borough accurate copies, in numbers to be determined by the
Borough, as specified on the application form, of all revisions made
to any and all plans, including any and all related plans submitted
to any other agency for review or for the obtaining of permits related
to the proposed subdivision or land development. It also shall be
the ongoing responsibility of the applicant to provide to the Borough
accurate copies, of any review, permits and documents related to the
proposed subdivision or land development. The applicant shall obtain
and provide the Borough copies, in triplicate, of all required permits
from the Pennsylvania Department of Environmental Protection, the
Pennsylvania Department of Transportation, the Chester County Health
Department, the Chester County Conservation District, Public Utility
Commission or any other agency, if appropriate.
D.
A plan shall be considered officially submitted only: (1) if filed
not less than 21 days prior to the next regular meeting of the Borough
Planning Commission and (2) upon the receipt by the Borough of the
appropriate number (as specified on the application/checklist form)
of plan copies with supporting documents, a completed official application
form, a completed information checklist, and a correct application
fee. The official application form and checklist may be obtained at
Borough hall.
(1)
The application shall not be considered complete until plan information, as required by § 22-403 and as outlined in the information checklist, is included with the submission. Notice of receipt, which does not imply acceptance, of the application shall be made by the Borough to the applicant within 10 working days. During such ten-day period, a determination of the completeness of the application shall be made by the Borough.
(2)
If the application is determined to not comply with the general
submittal requirements of this Chapter, the application shall be returned
within 10 working days of submission by registered or certified mail,
with a letter indicating the specific provisions of this Chapter that
have not been complied with. The applicant may, bearing all cost,
request the return of all submissions for the purpose of correction
and resubmission. A request for the return of all submissions shall
be in writing and shall be deemed to be a withdrawal of the application.
(3)
A decision by the Borough to return an application as incomplete
under the provisions of this Section may be appealed to the Borough
Council within 30 days of notice. In the absence of such appeal, the
decision of the Borough shall be deemed to be final. Subsequent applications
shall be deemed to be new applications.
E.
Upon submission of a complete application/checklist, together with
all required fees and escrow deposits, the Borough shall accept the
application, plans and other required materials submitted as officially
filed, note the date of the application, and shall transmit the requisite
number of copies of the plans and other required materials to the
Planning Commission and engineer. In addition, copies shall be transmitted
to the following agencies, and all fees charged by these agencies
for review shall be paid by the applicant.
(1)
Chester County Planning Commission (one copy and referral letter).
(2)
Chester County Conservation District (one copy), where appropriate,
for review of matters relating to drainage and abatement of soil erosion.
(3)
Such additional persons or agencies, such as the Police Department,
Honey Brook Fire Department and the Twin Valley School District, and
any other persons or agencies as the Borough shall determine.
2.
Preliminary Plan Review. Before acting on any plan, Borough Council
shall refer plans to the Planning Commission for review and recommendation.
A.
Planning Commission.
(1)
The Borough Planning Commission shall review all plans referred to it by Borough Council and shall consider any recommendations made by any County agency, the Borough Engineer and any other review agency who have submitted comments with respect to any such application. In addition, the Planning Commission shall review the plans as to overall conformance with this Chapter, the Borough Zoning Ordinance [Chapter 27], and the Comprehensive Plan.
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the recommendations of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
ordinances relied upon to:
(3)
The Planning Commission's recommendations shall include
any suggested conditions, changes, modifications or additions required
to be addressed at the final plan stage and, if applicable, and explicit
listing of all ordinance requirements being recommended for waiver.
Recommendations for plan rejection shall include a listing of the
specific areas in which the Planning Commission deems the plan deficient.
B.
Borough Council.
(1)
When a preliminary plan has been officially submitted to the Borough Council by the Planning Commission, such plan shall be placed on Council's agenda for review and action. The applicant may be requested to agree, in writing, to an extension of time beyond the ninety-day period in which a decision concerning approval of a plan is to be rendered, in accordance with § 22-306 of this Chapter. Following receipt of the applicant's written agreement, the Council shall render a decision and communicate it to the applicant before the end of the extended time period.
(2)
In acting on the preliminary subdivision or land development
plan, the Council shall review the plan and the written comments of
the Planning Commission, Borough Engineer, County Planning Commission
and all other reviewing agencies, and comments from public hearings,
if any, to determine conformity of the application to the standards
of this and any other applicable ordinance. Before acting on a plan,
the Council may hold a public hearing after giving proper notice.
(3)
The Council may specify conditions, changes, modifications,
or additions to the application which it deems necessary and may make
a decision to grant preliminary approval subject to such conditions,
changes, modifications, or additions, citing appropriate ordinance
provisions. Whenever the approval of a preliminary plan is subject
to conditions, the written action of the Council as prescribed herein
shall: (a) specify each condition of approval, citing relevant ordinance
provisions in each case, and (b) require the applicant's written
agreement to the conditions. Where the applicant's written agreement
is not received within 14 days, the Council shall be deemed to have
denied approval.
(4)
A decision for plan rejection shall include a listing of the
ways in which the Council deems the plans deficient and shall cite
specific sections of the statutes or ordinances relied upon in the
decision.
[Ord. 197, 12/1/2008]
1.
Final Plan Submission.
A.
The final plan shall conform to the procedures of §§ 22-304.1.B
through 22-304.1.E as well as any terms of approval of the preliminary
plan and to the most recent administrative regulations adopted by
the Council. All final plans submitted as major and minor applications
pursuant to this Chapter shall conform to the requirements of this
Chapter and shall, in addition, conform to such administrative regulations
of the Borough as may have been adopted by the Council at any time
or from time to time and as shall be in effect and applicable to the
submission at the time such submission is initiated. All submissions
shall be on the form promulgated by the Borough for the submission
of subdivision or land development plans.
B.
The Council may permit submission of the final plan in sections,
pursuant to the terms of § 508(4) of the Municipalities
Planning Code.
2.
Final Plan Review. Before acting on any final plan, Borough Council
shall refer plans to the Planning Commission for review and recommendation.
B.
Borough Council.
(1)
The review shall conform to § 22-304.2.B.
(2)
Copies of the final plan as finally approved, with the appropriate
endorsement of the Borough Council, shall be distributed as follows:
(a)
At least seven copies, two of which shall be recorded in accordance with Subsection 3 below, of this Chapter, to the applicant. The applicant shall be responsible for distributing one copy to the Chester County Planning Commission and one copy to the Chester County Health Department.
(b)
Two copies to be retained in the Borough files, together with
one copy of all supporting materials.
(c)
One copy to the Township Engineer, together with one copy of
all supporting materials.
C.
Where applicable, the following conditions shall also be met prior
to final plan approval:
(1)
No subdivision plan or land development plan shall have final Borough approval until the developer and the Borough Council enter into a written development agreement setting forth the developer's obligations, including but not limited to, compliance with all Borough ordinances, including any necessary conditional use or special exception approval, regulations and resolutions, all applicable State and Federal laws, and all conditions and safeguards specific to the development. Such development agreement shall be recorded with the final plan in the County Office of Recorder of Deeds. The developer shall comply with all terms of such development agreement, with all applicable laws, ordinances, regulations, resolutions and permits, and with all approved plans, except only where changes to such plans are authorized and approved in writing by the Borough. The applicant shall execute a subdivision and land development agreement in accordance with § 22-601.
(2)
In the event that the subdivision or land development requires improvements not already installed, the plan shall not have final Borough approval until the developer and the Borough Council enter into a written performance guarantee agreement and/or maintenance guarantee agreement in a form satisfactory to the Borough Solicitor setting forth the developer's obligations. These obligations shall include, but not limited to, completion of the planned improvements, immediate correction of all foreseen and unforeseen soil erosion and stormwater runoff problems that arise during development, and immediate posting of an escrow account or other acceptable financial security sufficient to guarantee construction of all required improvements. Such performance guarantee agreement shall be recorded with the final plan in the County Office of Recorder of Deeds. The applicant shall provide a performance guarantee in accordance with § 22-602.
(3)
The applicant agrees, if requested, to tender a deed of dedication
to the Borough for such streets, any and all easements for sanitary
sewers, water lines, 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 welfare, after all
streets, sidewalks, sewers and the like are completed and such completion
is certified as satisfactory by the engineer. The Council may require
that the applicant supply a title insurance certificate from a reputable
company before any property is accepted for the Borough.
(4)
Whenever the applicant is providing open area as part of the
development, an easement in perpetuity restricting such open area
against further subdivision or development shall be executed between
the applicant and the Borough or an organization acceptable to the
Borough, and shall run to the benefit of the Borough and lot purchasers
in the subdivision or land development. Such easement shall be recorded
with the final plan in the County Office of the Recorder of Deeds.
(5)
The applicant shall have applied for all required permits from
agencies having jurisdiction over ancillary matters necessary to effect
the subdivision or land development, such as the Pennsylvania Department
of Transportation (PennDOT) and Environmental Protection (DEP), the
Public Utility Commission (PUC) and the Chester County Health Department.
3.
Recording the Final Plan.
A.
Upon the approval of a final plan, the developer shall within 90
days of such final approval or 90 days after the date of delivery
of an approved plan signed by the Borough Council, following completion
of conditions imposed for such approval, whichever is later, record
such plan in the Office of the Recorder of Deeds, Chester County,
Pennsylvania. The Borough may designate that all of the plan or that
specific sheets of the plan must be recorded. The Office of the Recorder
of Deeds, Chester County, shall not accept any plan for recording,
unless such plan officially notes the approval of the Borough Council
and review by the Chester County Planning Commission.
B.
If such plan should fail to be recorded within the specified period
of time, and the time for recording the plan has not been extended
by written action of the Borough Council, then the approval thereof
shall be considered null and void. The Council may reinstate approval
of the plan and authorize its recording where, following expiration
of the ninety-day period or any approved extension thereof, no significant
changes to relevant ordinance provisions or to other circumstances
relevant to the proposed plan have been made. Conversely, if the Council
finds that such changes have occurred, the original plan approval
shall continue to be null and void.
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.
Within 15 days of recording by the Office of Recorder of Deeds, the
developer shall submit to the Borough Council time-stamped copies
from that office evidencing the recording of the approved final plan
and related agreements. No building permit or zoning permit for construction
on or use of any lot shall be issued until the Borough Council has
received written notice from the Office of the Recorder of Deeds of
the recording of the approved final plan and related agreements.
[Ord. 197, 12/1/2008]
Time limitations for preliminary and final plan review are as
follows:
A.
For the purposes of § 508 of the Municipalities Planning
Code, the Borough Planning Commission is the body which first reviews
any application. All applications for approval of a plan shall be
acted upon by the Borough Council and be communicated to the applicant
within 90 days following the date of the next regular meeting of the
Planning Commission following the date the application is filed; provided,
that should the said next regular meeting of the Planning Commission
occur more than 30 days following the filing of the application, the
said ninety-day period shall be measured from the thirtieth day following
the day the application is filed.
B.
A plan shall not be considered officially filed and the time frame
for review of the application shall not officially begin to run unless
the Planning Commission and Engineer receive the plan submission not
less than 21 days prior to the next regularly scheduled meeting of
the Planning Commission and the Planning Commission formally accepts
a complete application at said meeting.
C.
The decision of the Council shall be in writing and shall be communicated
to the applicant personally or mailed to the applicant no later than
15 days following the decision, or by the end of said ninety-day period,
whichever shall first occur. The form and content of the decision
shall comply with all other applicable requirements of § 508
of the Municipalities Planning Code.
D.
Failure of Borough Council to render a decision and communicate it
to the applicant within the time and in the manner required by this
Section shall be deemed an approval of the application in terms as
presented unless the applicant has agreed in writing to an extension
of time or change in the prescribed manner of presentation of communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect.
E.
When deemed desirable, the applicant may be requested to agree, in
writing, to an extension of time beyond the ninety-day period prescribed
in this Section in which a decision concerning the status of an application
for approval of a plan is to be rendered. Upon receipt of the applicant's
written agreement, the Council shall render a decision and communicate
it, in the prescribed manner, to the applicant before termination
of the extended time period.
[Ord. 197, 12/1/2008]
The approval of any subdivision or land development plan shall
be effective for the five-year period established by § 508(4)
of the Municipalities Planning Code, as amended from time to time.
The aforementioned section of the Municipalities Planning Code shall
control any phased submission and any vested rights which may accrue
from the date of the preliminary plan approval.
[Ord. 197, 12/1/2008]
1.
No construction or land disturbance activities (not including soil
or percolation testing, well drilling or similar engineering or surveying
activities) shall be commenced until the applicant submits to the
Borough Secretary a copy of the Recorder of Deeds receipt for recording
of the final plan together with a copy of the final plan bearing the
Recorder of deeds time-stamp evidencing recording of the plan.
2.
No application for a building permit under the Borough Zoning Ordinance [Chapter 27] shall be submitted and no building permit under the Borough Zoning Ordinance [Chapter 27] shall be issued for any building in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for the said subdivision or land development have been approved and recorded, as provided for and until the terms of Subsection 1, above have been satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been complied with.
3.
No water system or sewer system, including extensions to existing
systems or new systems employing sewage treatment plans, shall be
constructed prior to the issuance of appropriate permits from the
Pennsylvania Department of Environmental Protection or from Federal
or local agencies, as required.
[Ord. 197, 12/1/2008]
Major modifications of the approved plan, as determined by the
Borough, shall be resubmitted and reprocessed in the same manner as
the original plan. All site disturbance activities shall cease pending
approval of modified plans.
