[Ord. 2000-02, 3/9/2000, § 401]
1. 
Hereafter, all preliminary and final subdivision or land development plans shall be reviewed by the Franklin Planning Commission and the County Planning Commission and shall be approved or disapproved by the Township Board of Supervisors in accordance with the procedure specified in this chapter. Any application not processed as required hereafter shall be null and void unless it was made prior to the adoption of these regulations.
2. 
All subdivision applications shall be, for the purposes of procedure, classified as either minor or major. Reference should be made to § 22-202 for their definition.
3. 
Landowners submitting an application for subdivision or land development shall apply for and secure approval in accordance with the following procedures:
A. 
Minor Subdivision Proposal Procedure.
(1) 
Sketch plans shall be submitted in accordance with § 22-402 (optional).
(2) 
Final plans shall be submitted in accordance with § 22-406.
B. 
Major Subdivision or Land Development Proposal Procedure.
(1) 
Sketch plans shall be submitted in accordance with § 22-402 (optional).
(2) 
Preliminary plans shall be submitted in accordance with § 22-404.
(3) 
Final plans shall be submitted in accordance with § 22-406.
4. 
Nothing contained herein shall prevent a landowner from first submitting a sketch plan for a minor subdivision.
5. 
Preliminary and final subdivision or land development plan proposals and sketch plans shall be submitted to the Township Secretary who will make the appropriate distributions for review. All plans shall be submitted with the necessary application forms and fees as determined by the Board of Supervisors. The submission of a sketch plan shall not be considered the application for approval of a plat as defined by § 508 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508.
[Ord. 2000-02, 3/9/2000, § 402]
1. 
A sketch plan for all major subdivisions or land development and for minor subdivisions, at the option of the developer, shall be submitted to the Planning Commission for review. Submission of a sketch plan is highly recommended to encourage discussion of alternate design options prior to expenditure on preliminary work. Submission of a sketch plan does not constitute a formal subdivision or land development application as defined by § 508 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508.
2. 
Sketch plans shall contain the information required in § 22-501.
3. 
Sketch plans shall be submitted at least 30 days prior to the submission of any preliminary plan.
4. 
Sketch plans shall be submitted at least 14 days prior to the Township Planning Commission meeting.
[Ord. 2000-02, 3/9/2000, § 403]
1. 
The Planning Commission shall review the sketch plan at its regularly scheduled meeting. As far as practical, the Planning Commission shall inform the applicant as to the consistency of the sketch plan with this chapter and the Township's Comprehensive Plan. A full discussion of the submittal process should also take place at this time so that a clear understanding of the procedure exists on behalf of the applicant.
2. 
The applicant may, but need not, request further review of the sketch plan by the Board of Supervisors. Upon receiving written request by the applicant, the Board of Supervisors may consider the sketch plan. The Board of Supervisors may meet with the applicant and may advise the applicant as to the concerns of the Board. The Board is not required to review the sketch plan nor to submit comments to the applicant if the Board does not review the plan.
[Ord. 2000-02, 3/9/2000, § 404; as amended by Ord. 2008-01, 1/16/2008, § 1]
1. 
A preliminary plan shall be submitted to the Township for all major subdivisions and land development proposals.
2. 
All preliminary plans shall contain the information required in § 22-502.
3. 
All preliminary plans shall be submitted at least 14 days prior to the Township Planning Commission meeting.
4. 
No preliminary plan shall be considered complete without the following:
A. 
Completed application form as provided by the Township.[1]
[1]
Editor's Note: Said application form is on file in the Township offices.
B. 
The appropriate number of copies as specified in said application form.
C. 
Payment of the filing fee as established in § 22-409.
5. 
Copies of the preliminary plans shall be distributed by the Township Secretary to the following officials and agencies for their review and comment:
A. 
One copy to Township Board of Supervisors.
B. 
Two copies to Township Planning Commission.
C. 
One copy to Township Zoning Officer.
D. 
One copy to Township Engineer.
E. 
Two copies to Chester County Health Department.
F. 
One copy to Chester County Planning Commission.
G. 
One copy to Chester County Conservation District.
H. 
Three copies to Pennsylvania Department of Environmental Protection.
6. 
Additional copies of the preliminary plan, to be supplied by the applicant, shall be distributed by the Township Secretary to the following agencies as warranted by the proposal:
A. 
One copy to the Pennsylvania Department of Transportation. When a proposed subdivision or land development abuts, is traversed by, or otherwise has access to an existing or proposed state highway.
B. 
One copy to each public utility. When a proposed subdivision or land development abuts or is traversed by an easement or right-of-way belonging to a public utility; one copy shall be sent to each utility. When any proposed subdivision or land development will access any utility, one copy of the plan shall be sent to each such utility.
C. 
One copy to the fire department having jurisdiction. When new public or private streets are proposed.
D. 
One copy to the adjacent municipality(ies). When the proposed subdivision or land development abuts or extends into an adjacent municipality(ies), one copy of the plan shall be sent as a courtesy to that municipality(ies).
7. 
All preliminary plans shall be submitted with a title insurance certificate and documentation of any and all encumbrances, conservation easements, restrictive covenants, deed restrictions, any other filings listed on said certificate, for each parcel being subdivided and/or developed.
[Ord. 2000-02, 3/9/2000, § 405]
1. 
The Township Planning Commission shall review the preliminary plan at the first regular meeting of the Commission following the submittal of a complete preliminary plan.
2. 
The Township Planning Commission shall review the preliminary plan for consistency with the Comprehensive Plan and this chapter.
3. 
The Township Planning Commission shall review and make its recommendations in writing to the Board of Supervisors within such time as will permit the Board to make a timely decision under the applicable law.
4. 
The Board of Supervisors, at a regularly scheduled meeting or special meeting, shall act to either approve, conditionally approve, or disapprove the preliminary plan. This decision shall be made within 90 days following the date of the regular meeting of the Planning Commission next 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 submittal of a complete preliminary plan, the said ninety-day period shall be measured from the 30th day following the date the complete preliminary plan is filed.
5. 
No action shall be taken by the Board with respect to a preliminary plan until it has received and considered the recommendations and comments of the County Planning Commission. In the event that these recommendations are not forthcoming within 30 days of plan receipt by the County, the Board may act without having considered the review. A referral letter from the Township shall accompany all plan submittals to the county.
6. 
The decision of the Board of Supervisors 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.
7. 
When the preliminary plan is not approved as submitted, 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 statute or ordinance relied upon.
8. 
When deemed desirable, the applicant may be requested to agree, in writing, to an extension of time beyond the ninety-day period prescribed by 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 Board shall render a decision and communicate it, in the prescribed manner, to the applicant before termination of the extended time period.
9. 
Any special exceptions, conditional uses and/or variances required for a subdivision must be approved prior to preliminary plan approval.
[Ord. 2000-02, 3/9/2000, § 406]
1. 
A final plan shall be submitted to the Township for all minor and major subdivision and land development proposals.
2. 
All final plans shall contain the information required in § 22-503.
3. 
All final plans shall be submitted at least 14 days prior to the Township Planning Commission meeting.
4. 
No final plan shall be considered complete without the following:
A. 
Completed application form as provided by the Township.[1]
[1]
Editor's Note: Said application form is on file in the Township offices.
B. 
The appropriate number of copies as specified in the application form.
C. 
Payment of the filing fee as established in § 22-409.
5. 
The final plan and other materials as applicable shall be submitted to the Township Secretary for distribution and approval within 12 months of the approval of the preliminary plan by the Board of Supervisors.
6. 
Copies of the final plan shall be distributed by the Township Secretary to the following officials and agencies for their review and comment:
A. 
One copy to Township Board of Supervisors.
B. 
Two copies to Township Planning Commission.
C. 
One copy to Township Engineer.
7. 
The Township Secretary shall submit a final plan to the County Planning Commission for review and comment only when:
A. 
The final plan departs substantially from the preliminary plan.
B. 
The final plan is the first submission of a minor subdivision plan.
C. 
Review is requested by the Township Planning Commission or Board of Supervisors.
8. 
The applicant shall be responsible for submitting the plan to other applicable agencies if the plan comes under their jurisdiction. Evidence of submittal and the responses from such agencies shall be presented to the Board of Supervisors. Receipt of such information may be a prerequisite to the Board of Supervisors taking action on final plans.
[Ord. 2000-02, 3/9/2000, § 407]
1. 
The Township Planning Commission shall review the final plan at the first regular meeting of the Commission following the submittal of a complete final plan.
2. 
The final plan and supporting data (including reports from the Pennsylvania Department of Environmental Protection, the Chester County Health Department, the Chester County Natural Resource Conservation Service, and the Chester County Planning Commission, if applicable) shall comply with the provisions of this chapter.
3. 
The Township Planning Commission shall review the final plan for consistency with the approved preliminary plan, the Comprehensive Plan, the official Sewage Facilities Plan and this chapter.
4. 
The Township Planning Commission shall approve, conditionally approve, or disapprove the final plan and shall submit its findings, in writing, to the Board of Supervisors and the applicant within 60 days of the submission of a complete final plan.
5. 
After receiving the recommendations of the Township Planning Commission or after 60 days have passed from the date of submission of the complete final plan, the Board of Supervisors, at a regularly scheduled meeting or special meeting, shall act to either approve, conditionally approve, or disapprove the final plan. This decision shall be made within 90 days following the date of the regular meeting of the Planning Commission next 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 submittal of a complete final plan, the said ninety-day period shall be measured from the 30th day following the date the complete final plan is filed.
6. 
In the event that the County Planning Commission is required to review the final plan, such review shall take no more than 30 days following the submittal to the county. No action shall be taken by the Board of Supervisors until the county review has been received. In the event that the county takes more than its allotted 30 days to review the plan, the Board may act on its own.
[Amended by A.O.]
7. 
The decision of the Board of Supervisors 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.
8. 
When the final plan is not approved as submitted, 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 statute or ordinance relied upon.
9. 
When deemed desirable, the applicant may be requested to agree, in writing, to an extension of time beyond the ninety-day period prescribed by 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 Board shall render a decision and communicate it, in the prescribed manner, to the applicant before termination of the extended time period.
[Ord. 2000-02, 3/9/2000, § 408]
1. 
In the event a subdivision or land development is to be constructed in stages, the final plan requirements shall only apply to those stages for which final plan approval is sought.
2. 
Each final plan for a staged development must conform to the provisions of the approved preliminary plan.
3. 
The approval of a final plan of a portion of a staged development shall be effective for the five-year period established in § 508(4) of the Municipalities Planning Code, as amended from time to time, 53 P.S. § 10508(4).
[Ord. 2000-02, 3/9/2000, § 409]
1. 
The applicant shall be required to pay such fees at such time to the Township Secretary as shall be set forth by resolution of the Board of Supervisors. Fees may be required for, but not limited to: submission of preliminary plan, submission of final plan, reimbursement for Township Engineer's review, deed of dedication, field inspections (if any), and material tests (if any). Any fees required shall be directly related to the processing of plans.
2. 
Fees shall be collected by the Township Secretary in the same manner as all other stated fees are collected.
3. 
Once the applicant has submitted any stage of his subdivision plan in the required procedure and has paid the required fee, no portion of such fee shall be refunded despite the fact that the applicant may abandon the plan, or the plan may be disapproved by the Board.
4. 
After approved plans have become null and void, under conditions described in the Part, any fees paid for said plans, or by the same applicant for plans for other lands, shall not apply to any subsequent plans.
5. 
The Township may require payment of additional fees for review of any substantially revised application.
[Ord. 2000-02, 3/9/2000, § 410; as amended by Ord. 2013-04, 12/1/2013, § 3]
All applications for subdivision and land development shall comply with the provisions of Chapter 19, Stormwater Management, the provisions of which are incorporated herein as if set forth fully herein. All applications for subdivision and land development shall include a stormwater management plan and an erosion and sediment pollution control plan when required by Chapter 19, Stormwater Management. Plans required to be submitted pursuant to the provisions of Chapter 19, Stormwater Management, shall accompany both the preliminary (if required) and final plan submission to the Township. Any erosion and sediment pollution control plan which requires approval by the Chester County Conservation District shall receive such approval prior to final plan approval by the Board.
[Ord. 2000-02, 3/9/2000, § 411; as amended by Ord. 2007-03, 8/15/2007, § 1; and by Ord. 2008-05, 11/19/2008, § 1]
1. 
Every applicant filing for final plan approval shall execute an agreement, to be approved by the Township, pending the review of the Township Solicitor, before the final plan is released by the Board of Supervisors and filed on record. Said agreement shall specify the following, where applicable:
A. 
The applicant agrees that he will lay out and construct all streets and other public improvements, including grading, paving, sidewalks, fire hydrants, water mains, streets signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space areas, and erosion and sediment control measures in accordance with the final plan as approved, where any or all of the these improvements are required by this chapter or as conditions of approval. Construction of said improvements shall be carried out in accordance with the provisions of Part 7 and shall be completed within the time or times specified by the Board of Supervisors.
B. 
The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, in accordance with §§ 22-412 and 22-806.
C. 
The applicant agrees to have prepared a deed or deeds of dedication to the Township for such streets, easements for sanitary and storm sewers, sidewalks, and other public improvements; provided, that the Township shall not accept dedication of such improvements until their completion is certified as satisfactory by the Township Engineer or representing agent.
D. 
Whenever an applicant proposes to establish or continue a street which is not offered for dedication to public use, the Board of Supervisors shall require the applicant to submit and to record with the plan a copy of an agreement made with the Board on behalf of himself and his heirs and assigns, signed by him, and which shall establish the conditions under which the street may later be offered for dedication. Stipulations of such agreement shall include, but shall not be limited to, the following:
(1) 
That an offer to dedicate the street shall be made only for the street as a whole.
(2) 
That the Township shall not be responsible for repairing or maintaining any undedicated streets.
(3) 
That the method of assessing repair and maintenance costs of undedicated streets be stipulated, and be set forth in recorded deed restrictions so as to be binding on all successors or assigns.
(4) 
That, if dedication is to be sought, the street shall conform to Township specifications or that the owners of the abutting lots shall at their own expense, bring the streets into conformance with Township specifications.
(5) 
That the Township shall have no automatic responsibilities to maintain or accept dedication of any proposed improvement.
E. 
Where the application involves land disturbance activity, each agreement shall include the following:
(1) 
It is hereby stipulated and agreed that in the event the applicant (developer), its agents, contractors or assigns, fails to strictly comply with the provisions of the approved plan regarding erosion and sedimentation control and stormwater management including, but not limited to, sequence of construction, maintenance of vegetative cover on disturbed areas, maintenance of all stormwater control facilities and full compliance with the requirements of the NPDES permit for the project, the developer hereby agrees, upon a finding by a magisterial district judge that the developer has failed to comply, to a stipulated penalty in the amount of $500 per day for each failure to comply, and agrees to a stipulated penalty in the amount of $500 per each day of continued failure to comply, until the failure is corrected to the satisfaction of the Township. The developer further stipulates and agrees to immediately stop all development and site work for the project, with the sole exception of the remedial work necessary to bring the site into compliance with the approved plan and the NPDES permit, upon receipt of notice from the Township of any such failure to comply until the failure is corrected to the satisfaction of the Township.
[Ord. 2000-02, 3/9/2000, § 412]
1. 
Unless the applicant shall complete the installation of required improvements prior to the final plan being released by the Board of Supervisors and filed on record, the applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements and common amenities including, but not limited to, streets, walkways, shade trees, stormwater management facilities, pipes and other related drainage facilities, recreational facilities, retaining walls, open space improvements, buffer or screen plantings, water main and other water supply facilities, fire hydrants, and sanitary sewage disposal facilities.
2. 
Financial security required herein shall be in the form of a federal- or commonwealth-chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company, cash or cash equivalent, or such other type of financial security which the Township may, at its reasonable discretion, approve. The bonding company may be chosen by the party posting the financial security; provided, that the said bonding company or lending institution is authorized to conduct business within the Commonwealth of Pennsylvania and stipulates that it will submit to Pennsylvania jurisdiction and Chester County venue in the event of legal action.
3. 
The said financial security shall provide for, and secure to the public, the completion of all subdivision improvements for which such security is being posted within one year of the date fixed on the subdivision plan and subdivision agreement for completion of such improvements.
4. 
The amount of financial security shall be equal to 110% of the costs, plus engineering and inspection costs, of the required improvements for which financial security is to be posted. Estimates shall involve an itemized listing of each improvement or activity. The cost of the improvements shall be established by:
A. 
Submission to the Board of Supervisors of bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements. Said bid or bids shall be reviewed by the Township Engineer for reasonableness and a recommendation forwarded to the Board.
B. 
In the absence of such bona fide bids as described above, the costs shall be established by estimates prepared by the developer and approved by the Township Engineer.
It shall be at the discretion of the Board to select which estimate shall be used.
5. 
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security shall be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.
6. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed.
7. 
The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board his independent evaluation of the proper amount of partial releases.
8. 
The Board may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of aforesaid improvements.
9. 
Full release of the financial security shall follow the procedures established in Part 8.
[Ord. 2000-02, 3/9/2000, § 413]
Within 90 days of approval of the final plan by the Board of Supervisors, the final plan shall be recorded by the applicant in the office of the Recorder of Deeds of Chester County and a copy of such final plan with the recording information inscribed on it shall be furnished to the Township.
[Ord. 2000-02, 3/9/2000, § 414]
1. 
Unless the applicant shall complete the installation of required improvements prior to the final plan being released by the Board of Supervisors, no construction of land disturbance activities shall be commenced until the applicant submits to the Township Secretary a copy of the Recorder of Deeds' receipt for recording of the final plan. Soil and percolation testing, well drillings, and similar engineering or surveying activities are excepted from this restriction.
2. 
No application for a building permit under Chapter 27, Zoning, shall be issued for any building in any subdivision or land development until the final plans for the said subdivision or land development has been approved and recorded as provided for and until the terms of Subsection 1 have been satisfied.
3. 
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.
4. 
No water system or sewer system, including extensions to existing or proposed Township 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 and from any applicable federal or local agencies.
5. 
When building permits are to be issued in a staged development, permits for subsequent phases shall only be issued upon completion of a minimum of 75% of the total units or dwellings within a previous stage and all public improvements supporting said stage have been installed and certified for acceptance by the Township Engineer.
[Ord. 2000-02, 3/9/2000, § 415]
The approval of any subdivision or land development shall be as established in § 508(4) of the Municipalities Planning Code, as amended from time to time, 53 P.S. § 10508(4).
[Ord. 2000-02, 3/9/2000, § 416]
Major modification of the approved plan, as determined by the Township, shall be resubmitted and reprocessed in the same manner as the original plan. All site disturbance activities shall cease pending approval of modified plans.