It is the intention of the Council in enacting these procedures
to provide the applicant with a timely and comprehensive review of
plans submitted for subdivision and/or land development. To this end,
the following classifications of plans are established as hereinafter
provided:
Plans shall be submitted by the applicant on behalf of the Borough
to the following agencies for review at the same time that they are
submitted to the Borough. No application for development shall be
considered complete without compliance with this requirement.
A.
Chester County Planning Commission. One copy of all sketch, preliminary
and final plans shall be submitted to the Chester County Planning
Commission for its review and comment.
B.
Chester County Health Department. If a sketch plan is submitted as
hereinafter provided, one additional copy shall be submitted to the
Chester County Health Department for review of matters relating to
adequacy of the site to sustain on-site water and/or sewage disposal
systems. If no sketch plan is submitted, one additional copy of the
preliminary plans shall be provided for this purpose.
C.
Chester County Soil and Water Conservation District. One copy of
preliminary plans shall be submitted to the Chester County Soil and
Conservation District for review of matters relating to drainage and
abatement of soil erosion. Where warranted, this requirement may be
waived by the Council.
[Amended 12-2-2009 by Ord. No. 2009-10]
A.
The sketch plan procedures are enacted to afford the applicant the
opportunity to submit information for review and informal discussion
with the Borough and various county agencies before engaging in the
detailed engineering design required for the preparation of preliminary
and final plans. Submission of a sketch plan shall not constitute
formal filing of a plan with the Council. As such, this procedure
is voluntary and not subject to the time limitations imposed by the
Act on consideration of formal preliminary and final plans as hereinafter
provided. It shall be the objective of the Council, however, to receive
comments from the review agencies outlined below, correlate the comments
submitted and reply to the applicant as promptly as possible.
B.
Sufficient copies of sketch plans for subdivision and/or land development, as further described in Article IV, shall be supplied to the Borough Secretary to permit the following distribution:
(1)
Three copies for the Secretary's file.
(2)
One copy to the Borough Engineer. The Borough Engineer will review
the plan with particular emphasis on site feasibility, including consideration
of on-site sewage disposal where indicated, slopes and drainage. The
Borough Engineer shall submit his written comments to the Borough
Council within 20 days after receipt of the plan by the Borough Engineer.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
One copy to the Council. As far as may be practical on the basis
of a sketch plan, after receipt of written comments of the Borough
Engineer and the Chester County Agencies, and any other agencies deemed
to have an interest, the Borough shall advise the applicant as promptly
as possible of the extent to which the proposed subdivision conforms
to the requirements of existing ordinances and will discuss possible
plan modifications necessary to secure conformance.
[Amended 12-2-2009 by Ord. No. 2009-10]
A.
A preliminary plan and profile plan for subdivision and/or land development prepared in accordance with the requirements set forth in Article IV below shall be submitted to the Borough Secretary accompanied by the fee hereinafter stipulated. Sufficient copies shall be submitted to the Borough Secretary for the following distribution:
(1)
Three copies for the Secretary's file.
(2)
One copy to the Borough Engineer. The review by the Borough Engineer
shall include an examination of the content of the plans to be certain
that all information required by this chapter is presented in the
plans submitted, an investigation of the plan to be certain that all
other Borough ordinances are complied with, an examination of the
engineering feasibility of the various schemes presented for the location,
alignment and grade of streets, stormwater drainage, sanitary sewers
and water supply. The Borough Engineer shall confer with the applicant
to the extent necessary to obtain conformity of the plan with those
regulations and to comment upon the matter subject to his review.
He shall forward his written comments on the plan to the Borough Council
within 20 days after he receives them.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
One copy to the Council. The Council may, before acting on the subdivision
or land development plan, arrange for a public hearing thereon subject
to public notice.
B.
In acting upon the preliminary subdivision or land development plan,
the Council shall review the plan and the written comments of the
Borough Engineer and all other reviewing agencies, and comments from
public hearings, if any, to determine its conformance to existing
ordinances. The Council may alter any subdivision and/or land development
plan and specify changes or modifications therein, which it deems
necessary, and may make its final approval subject to such alterations,
changes or modifications. Notwithstanding the foregoing procedure,
the Council shall act on all preliminary plans not later than 90 days
following the date of the regular meeting of the governing body next
following the date the application is filed or after a final order
of court remanding an application, provided that should the said next
regular meeting occur more than 30 days following the filing of the
application or the final order of the court, the said ninety-day period
shall be measured from the 30th day following the day the application
has been filed.
[Amended 12-2-2009 by Ord. No. 2009-10; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
C.
The initial plan required to be filed with the Council for subdivision of a tract shall be considered as a preliminary plan. However, if the plan and supporting data comply in all respects with the requirements for final plans set forth in Article IV, the Council may, in the case of simple subdivisions on land involving no new streets, or limited development of land, proceed to final action at the first consideration of the plan.
A.
Within one year after the Council's action on the preliminary
subdivision or land development plan, a final plan and necessary supporting
data shall be submitted to the Council for final approval; provided,
however, that an extension of time may be granted by the Council upon
written request by the applicant made prior to the expiration of said
one-year period. Otherwise, the plan submitted shall be considered
as a new preliminary plan.
B.
The final plan for subdivision and/or land development shall conform
in all important respects with the preliminary plan as previously
reviewed by the Council, except that it shall incorporate modifications
and revisions specified by the Council in its review of the preliminary
plan.
C.
The final plan and profile plan with supporting data, prepared in accordance with the requirements set forth in Article IV, shall be submitted in six copies to the Borough Secretary. These copies shall be submitted as follows:
(1)
Three copies for the Secretary's file.
(2)
One copy to the Borough Engineer. The review by the Borough Engineer
shall include an examination of the contents of the plans to be certain
that all information and changes required by this chapter and by the
Council in its review of the preliminary plan are presented in the
plans submitted; an investigation of the plan to be certain that all
other Borough ordinances are complied with, and an examination of
the engineer feasibility of the final designs presented for the location,
alignment, and grade of streets, stormwater drainage, sanitary sewers,
and water supply. The Borough Engineer shall forward his written comments
on the plan to the Borough Council within 20 days after receipt of
the plan by the Borough Engineer.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The Council shall review the final plan at the next scheduled public
meeting or a special meeting for that purpose and shall approve or
disapprove the plan. Whenever a plan is not approved, the reasons
for such action shall be stated in writing and communicated to the
applicant as provided in the Act. Notwithstanding the foregoing procedure,
the Council shall act on all final plans not later than 90 days following
the date of the regular meeting of the governing body next following
the date the application is filed or after a final order of court
remanding an application, provided that should the said next regular
meeting occur more than 30 days following the filing of the application
or the final order of the court, the said ninety-day period shall
be measured from the 30th day following the day the application has
been filed.
[Amended 12-2-2009 by Ord. No. 2009-10; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
E.
Every final approval of a plan shall be subject to the following
conditions:
(1)
That the applicant shall agree in writing in a form to be approved
or prepared by the Solicitor of the Borough that he will lay out the
roads, streets, lanes alleys, and/or easements, and construct or cause
to be constructed all of the improvements in accordance with the approved
final plans.
(2)
The landowner shall assure the Borough by means of a bond with a corporate surety or the deposit of funds or securities in escrow sufficient to cover the cost of public improvements shown on the final plan and intended for dedication to the Borough, said cost to be determined by the Council, that such public improvements shall subsequently be installed by the applicant according to Borough specifications, as more particularly set forth in Article VI of this chapter. The bond shall be furnished under conditions and form and with surety as shall be approved by the Council to guarantee and secure the completion of the said improvements. In lieu of a bond, the owner may deposit cash or securities with the Borough or a bank or trust company to guarantee and secure completion of the improvements under an escrow agreement to be prepared or approved by the Borough Solicitor and the Council. The escrow agent for the deposit of such cash or securities shall be located in Chester County and shall be subject to approval by the Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
The landowner 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 Borough Engineer, all as more particularly set forth in § 350-42 of this chapter. The Council may require that the applicant supply a title insurance certificate from a reputable company before any property is accepted for the Borough at the applicant's expense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
The Council may authorize submission of final plans by sections or stages subject to the provision of agreements and guarantees provided in Subsection E(1) through (3) above and further subject to guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any section of the development when it has been given final approval.
F.
Upon completion of necessary reviews of final plans for subdivision
and/or land development, the applicant shall present clear copies
of all final plans and profiles for formal approval by the Council.
Three sets of such plans shall be submitted to the Borough for its
files.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
After final approval of the subdivision plan, the plan shall be recorded
in the office of the Recorder of Deeds of Chester County within 90
days by the applicant. In addition to those plans required by the
Recorder of Deeds prior to recording of the same, the applicant shall
have one additional plan recorded and returned to the Borough Secretary
immediately after such recording. The Council shall not require that
plans for land development be recorded except where subdivision of
the lots involved is contemplated.
No water system or sewer system including extensions to existing
or proposed Borough systems or new systems employing sewage treatment
plants 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.
No application for a building permit under Chapter 400, Zoning, shall be submitted and no building permit under Chapter 400, Zoning, shall be issued for any building in any subdivision and/or land development, and no building shall be erected in any subdivision and/or land development and no work shall be done on any building in any building in any subdivision or land development until the final plans for the said subdivision and/or land development have been approved as provided for in the chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If no improvements are constructed in accordance with an approved
final land development plan within five years after the date of the
preliminary plan approval by the Council, the said approval shall
be null and void.
