Township of East Coventry, PA Part 3 PLAN PROCESSING AND CONTENT

§ 22-301 Plan Classification and Public Notification.

[Ord. 179, 8/8/2011, § I]

1. It is the intention of the Board of Supervisors 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:

A. Sketch plans.

B. Preliminary plans.

C. Final plans.

2. Where literal application of plan processing procedures established by this chapter would create undue hardship or be plainly unreasonable in their opinion, the Planning Commission may recommend in writing to the Supervisors such reasonable exceptions as will not be contrary to the public interest, subject to § 22-704 of this chapter.

3. All subdivision applications shall be classified for the purposes of procedure, as either minor or major. Applicants shall apply for and secure approval in accordance with the following procedures:

A. Minor Subdivision Plan. A subdivision plan shall be classified as minor where the conditions of Subsection 1, 2 or 3 below apply; provided, however, that any further subdivision submissions involving property that was at any time during the twenty-year period preceding the date of the subdivision application the subject, in whole or in part, of an approved subdivision application shall be treated as a major subdivision under Subsection 3B, notwithstanding that the further subdivision submission otherwise qualifies as a minor subdivision as defined herein.

[Amended by Ord. No. 228, 12/10/2018]

(1) A subdivision plan shall be classified as a minor subdivision where all of the following circumstances apply:

(a) No improvement intended to be dedicated to the Township including, but not limited to, any street, sewer improvement (excepting a sewer lateral installed in accordance with Chapter 18, Part 3, of this Code) or stormwater management improvement, is to be constructed; provided, however, the dedication to the Township of additional right-of-way land area to satisfy Township road widths may be required.

[Amended by Ord. No. 2020-247, 11/9/2020]

(b) Only land disturbance activities that are incidental and/or accessory to the construction and/or use of one single-family dwelling on each lot are proposed, including but not limited to stormwater management improvements.

(c) No more than two lots are proposed.

(d) No street, either public or private, is proposed.

(e) Further subdivision cannot occur by virtue of insufficient size to permit additional subdivision within the resulting lots or a deed restriction recorded against the lots prohibiting further subdivision without prior Township approval pursuant to a major subdivision application.

(2) The purpose of the plan is to provide a lot line adjustment.

(3) A reverse subdivision or consolidation of lots previously subject to a subdivision application where no construction or land disturbance activity has occurred on the property.

B. Major Subdivision Plan or Land Development Plan.

(1) All subdivision plans not classified as minor subdivision plans, as defined above, and all land development proposals shall be processed under this category.

(2) The plan content, submission and approval procedures provided by this Part shall apply to all major subdivision and land development proposals.

4. In the case where the subdivision or land development does not propose the development of the entire parcel, the Board of Supervisors may request the submission of a sketch plan indicating how the remainder of the tract will be used in the future.

5. Public Notification.

A. The filing of a preliminary plan for a major subdivision or land development with East Coventry Township, as determined by requirements of this Part, shall require the applicant to notify surrounding property owners by mail of the action and place a sign of notice on the subject premises. The Township shall require the applicant to notify surrounding property owners of subsequent meetings or hearings following the initial meeting.

B. The mailed notice to nearby property owners shall occur at least 14 consecutive calendar days before the public meeting of the Planning Commission when the plan will be first reviewed. Notice shall be by first-class mail, and the applicant shall provide the Township with documentation of the mailings prior to the public meeting. Mailed notices shall be required for the following plan types and relevant properties:

[Amended by Ord. 211, 2/13/2017]

(1) Major Subdivision or Land Development Plan. All properties within 500 feet of the application site.

(2) Nonresidential Development Plan. All properties within 1,000 feet of the application site.

C. The mailed notice shall contain a narrative statement describing the proposed development and include, at a minimum, the name and address of the applicant, the parcel number(s) and description of the application site, and the number and type of residences and/or buildings being proposed.

D. For purposes of the mailing notice requirement, distances shall be measured from the nearest part of the application site to any portion of an affected parcel to be notified.

E. The sign(s) of notice shall be placed on the application site providing notice of a public meeting for the preliminary plan application. The sign(s) shall be located so as to be in clear view of passers-by and adjacent to the right(s)-of-way. If the application site is bordered by more than one public street, a public notice sign shall be placed adjacent to each right-of-way, but in no case shall more than two signs be required. The sign(s) shall be erected within 10 calendar days of the filing of a preliminary plan application with the Township. The applicant shall be required to apply for a sign permit from the Township for all signs and the Township Permit Officer shall determine the sign location Requirements for the public notice sign(s) shall be as follows:

(1) Location. The posted sign(s) shall be placed in a conspicuous location, as close to, but outside, the right-of-way as practical, parallel to the street, and clearly visible to the public. The Township may allow the posting of only one sign on corner lots of less than four acres. In no case shall a sign be placed so as to interfere with driver visibility or vehicular safety.

(2) Size. The posted sign(s) shall be single-faced and shall measure four feet by four feet or the maximum size permitted by § 27-1314, Subsection 14B, of Chapter 27 [Zoning], whichever is less, with a yellow background with two-inch black lettering in sans serif typeface. The top of sign when installed shall be no more than seven feet from the ground under it.

[Amended by Ord. No. 228, 12/10/2018]

(3) Plan Information. The sign(s) shall include a site plan which depicts the lot configuration of residential applications or building footprint with square footage, paving and landscaping in the case of nonresidential applications. The applicant's name and phone number, the name of the plan, the application number, and the tax parcel number(s) shall be prominently displayed. The internet address of the Township (www.eastcoventry-pa.gov) shall be provided at the bottom of the sign(s). The applicant shall be responsible for cleaning or replacing, within 10 days of notification, any sign that has been defaced, becomes illegible, or is removed. The sign(s) shall remain in place until final action on the preliminary plan application is taken by the Township.

(4) Proof of Posting. The applicant shall provide the Township with photographic proof of posting and a signed affidavit prior to the public meeting. Failure of any such posted notice to remain in place after the notice has been posted shall not be deemed a failure to comply with these standards or be grounds to challenge the validity of any decision made on the application unless the notice was removed by the applicant or at his or her direction.

(5) Removal of Posted Sign. The applicant shall remove the posted sign(s) not later than 10 calendar days after final action on the preliminary plan application is taken by the Township.

§ 22-302 Review by Chester County and Other Agencies.

[Ord. 179, 8/8/2011, § I]

1. Chester County Planning Commission. The applicant shall supply one copy of all preliminary plans and final plans, and all supporting information, including the sewage facilities planning module, to the Township for submission to the Chester County Planning Commission for their review.

2. Chester County Health Department. The applicant shall supply two copies of the preliminary plan and sewage facilities planning module to the Township for submission to the Chester County Health Department for review of matters relating to requirements for public water and sewer systems and/or to the adequacy of the site to sustain on-site water and/or sewage disposal systems.

3. Chester County Conservation District. The applicant shall supply three copies of all preliminary plans and final plans, and all supporting information, including all correspondence and all soil erosion and sedimentation pollution control plan submissions, provided by the applicant to, and all responses to such submissions from, the Chester County Conservation District relating to the review of stormwater and soil erosion management.

4. Other Agencies. The applicant shall submit additional copies of plans as may be required by the Planning Commission or Board of Supervisors for review by county, state, federal or other reviewing or regulatory agencies, the fire company, police department, water company and the authority for sanitary sewage disposal in the Township.

§ 22-303 Sketch Plan Submission and Review.

[Ord. 179, 8/8/2011, § I]

1. Submission Optional. The Township strongly encourages submission of an optional sketch plan prior to submission of a formal application. In accordance with Section 707-A of the Pennsylvania Municipalities Planning Code,[1] applicants may informally meet with the Township to informally discuss the conceptual aspects of the subdivision and land development plan prior to filing an application for preliminary or preliminary/final plan approval.

[Amended by Ord. No. 2023-260, 6/12/2023]

A. To facilitate this informal discussion, the applicant is encouraged to submit the following to the Township:

(1) A completed application form, available from the Township.

(2) A sketch plan to be reviewed by the Planning Commission for discussion purposes only. The applicant also may elect to have Township consultants and/or other Township commissions review the sketch plan. Although not required, the applicant should endeavor to include in the sketch plan all items enumerated in § 22-304, Subsection 3.G, Four Step Design Process, and Subsection 3.H, Site Analysis.

(3) Applicants may elect to fulfill the site visit requirement described in § 22-304, Subsection 1.C, during the optional sketch plan phase rather than during the preliminary plan phase.

B. If the applicant elects to submit the sketch plan to the Planning Commission for discussion purposes and informal input only, five copies of the sketch plan shall be supplied to the Township for distribution to the Planning Commission.

C. All sketch plans submitted for review by the Planning Commission shall be received by the Township at least 14 consecutive calendar days prior to a regularly scheduled meeting of the Planning Commission in order to be placed on the agenda for that meeting.

D. If the applicant elects to submit a sketch plan for review by one or more Township consultants, then a sufficient number of copies also should be supplied to the Township for distribution to those consultants from whom the applicant is desirous of obtaining such review.

E. Prior to the sketch plan review by one or more Township consultants, the applicant shall submit an executed consultant professional services agreement in form and substance satisfactory to the Township which obligates the applicant to establish an escrow with the Township and to reimburse the Township for engineering, planning, legal, traffic engineering or other review fees for the consultants selected by the applicant to review the sketch plan. The applicant shall deposit the escrow funds with the Township prior to the commencement of consultant review.

[1] Editor's Note: See 53 P.S. § 10707-A.

2. Review. Any suggestions or recommendations made by the Planning Commission and/or Township consultants on the design of the sketch plan are intended as informal dialogue and shall not be binding on the Township.

A. Review by the Township Planning Commission.

(1) If requested by the applicant, the Planning Commission will perform a general, conceptual review of the sketch plan at its next regularly scheduled meeting following submission in accordance with Subsection 1C above, and the applicant or designated representative should be present to participate in an informal dialogue with, and receive input and guidance from, the Planning Commission. General development concepts may be reviewed to determine their compatibility with the development potential of the site and with relevant plans and ordinances. A sketch plan review is designed to offer the applicant an opportunity to informally discuss, prior to preliminary plan submission, the applicant's plans for the proposed subdivision or land development with the Planning Commission. However, no official action shall be taken on a sketch plan and the Township shall not be bound by any comments made or not made as part of a sketch plan review.

(2) The applicant is encouraged to conduct a site visit accompanied by at least one, but no more than two members of the Planning Commission at the sketch plan phase that fulfills the requirements of § 22-304, Subsection 1.C(2). Such site visit may be completed prior to or after the sketch plan is reviewed at a regularly scheduled meeting of the Planning Commission.

[Added by Ord. No. 2023-260, 6/12/2023]

B. Review by Township Engineer, Township Planner, Township Traffic Engineer and Other Consultants.

(1) The Township Engineer, Township Planner, Township Traffic Engineer, or other consultants selected by the applicant will perform a general, conceptual review of the plan with particular emphasis on those aspects of the site and the surrounding area that pertain to the consultant's area of expertise, such as site feasibility, environmental conditions, access, historic resources, traffic impact, conformance to Township ordinances, and consistency with Township planning documents and transportation studies.

§ 22-304 Preliminary Plan Submission, Resubmission, Review and Content.

[Ord. 179, 8/8/2011, § I; as amended by Ord. 196, 8/12/2013, §§ I, III; and XII; and by Ord. 205, 12/14/2015, § IX]

1. Complete Submission.

A. All preliminary plans submitted pursuant to this chapter shall conform to the requirements of this section. The applicant may elect to submit a minor subdivision plan as a preliminary/final plan which, when submitted, shall conform to and satisfy all of the requirements set forth in this chapter pertaining to both preliminary plans and final plans.

B. All preliminary plans, as further described in this section, together with a completed official application and signed consultant professional services agreement, available from the Township, shall be submitted, along with supporting information, to the Township at least 21 consecutive calendar days prior to a regularly scheduled meeting of the Planning Commission in order to be placed on the agenda for that meeting. The Township shall determine if the application form is completed correctly, the correct number of plans have been submitted, the Township consultant professional services agreement has been signed, all required fees have been paid, and the application is otherwise complete and, if so, shall place the application on the agenda for the next regularly scheduled meeting.

C. Plan Review and Site Visit.

[Amended by Ord. No. 2021-251, 11/8/2021; and by Ord. No. 2023-260, 6/12/2023]

(1) All preliminary plans and revisions to the plans shall be submitted to the Township for review by the Township Engineer, the Township Planner, the Township Traffic Engineer, the Historical Commission, the Parks, Recreation and Conservation Committee and the Township Solicitor (sometimes referred to in this chapter individually, as a "Consultant" and collectively, as the "Consultants") no less than 21 consecutive calendar days prior to a regularly scheduled meeting of the Planning Commission in order to be placed on the agenda for that meeting.

(2) The applicant shall arrange for a site visit with at least one but no more than two members of the Planning Commission and other Township representatives such as the Township Engineer and Planner. At the site visit, the applicant shall provide those in attendance with copies of the Site Context Map and Site Analysis Plan. If completing the site visit at the preliminary plan stage, the applicant shall also provide a plan indicating the proposed development(s) as required by § 22-304 Subsection 3. The purpose of the site visit is to familiarize Township officials with the property's existing conditions and special features, to identify potential site design issues and to provide an informal opportunity to discuss site design concepts, including the general layout of open space, if applicable, and potential locations for proposed building and street alignments. Comments made at the site visit by Township representatives, Township staff and consultants shall be considered suggestions only and nonbinding on the Township. No formal recommendations and no official decisions will be made at the site visit.

D. In all cases, the Planning Commission shall review the preliminary plan submissions and revisions to the plans before they are submitted for review by the Board of Supervisors. The Planning Commission shall receive comments from reviewing agencies and Consultants as provided in this section, correlate the comments and submit its written report to the Board of Supervisors within 63 consecutive calendar days of the date of the regular meeting of the Planning Commission next following the date the application was filed.

E. Each preliminary plan revision submitted to the Township shall be accompanied by a letter from the applicant, or applicant's agent, which shall restate and provide itemized responses to all review comments prepared by the applicable reviewing agencies and Township Consultants on the previous submission, describe the specific revisions made to the preliminary plan and/or accompanying documents to address the review comments, and identify the sheet or page number in which each revision may be found. Such letter also shall describe, in detail, any and all revisions made to the preliminary plan and/or accompanying documents since the previous submission not requested by such review comments. If one or more revisions are made to the preliminary plan and not disclosed or identified in writing by the applicant or applicant's agent, said undisclosed or unidentified revisions shall not be part of, and shall be excluded from, any resulting preliminary plan approval. In addition, any preliminary plan approval by the Board of Supervisors where the plan contains undisclosed or unidentified revisions that are noncompliant with the requirements of this chapter or any other applicable laws, statutes, ordinances, rules or regulations, shall in no way relieve the applicant of its obligation to fully comply therewith. Further, the applicant shall be required to pay all costs and expenses including, but not limited to, engineering and legal fees, incurred by the Township associated with identifying and appropriately addressing undisclosed revisions to the preliminary plan submission.

F. Copies of the application and the preliminary plan, a waiver request letter (if applicable) in the format specified in § 22-704 of this chapter and supporting information, as further described in this section, shall be supplied to the Township to permit the following distribution:

[Amended by Ord. No. 2021-251, 11/8/2021]

(1) Two copies each of the preliminary plan, the official Township application, a waiver request letter in the format specified in § 22-704 of this chapter, all supporting information, including the Sewage Facilities Planning Module, and the required escrow and application fees to the Township.

(2) One copy each of the preliminary plan, county referral form, a waiver request letter in the format specified in § 22-704 of this chapter, all supporting information, including the Sewage Facilities Planning Module, and accompanying fee to the County Planning Commission.

(3) Two copies of the preliminary plan, two completed Sewage Facilities Planning Modules and appropriate fee to the Chester County Health Department.

(4) Five copies each of the preliminary plan, a waiver request letter in the format specified in § 22-704 of this chapter and supporting information and plans to the Township Planning Commission. The stormwater and traffic impact studies shall be submitted as an executive summary only that shall include a description of the analysis and the final design and a statement of compliance with the stormwater management standards and compliance with the traffic standards and requirements of this chapter, Grading and Excavating [Chapter 9], Streets and Sidewalks [Chapter 21], the Standard Public Improvement Specifications, and other Township ordinances, as applicable.

(5) One copy each of the preliminary plan, a waiver request letter in the format specified in § 22-704 of this chapter and supporting information (including technical appendixes) and plans to the Township Engineer and, except where a minor subdivision is proposed, the Township Planner, the Township Traffic Engineer and the Township Solicitor. In the case of a minor subdivision, a copy of the preliminary plans shall be supplied to the Township Solicitor for preparation of the draft resolution described in § 22-304.2C(4). All traffic count data shall also be provided to the Township in electronic format.

(6) One copy each of the preliminary plan, a waiver request letter in the format specified in § 22-704 of this chapter and all related supporting information, including a copy of a completed Cultural Resource Notice (if required) submitted or to be submitted to the Pennsylvania Historical and Museum Commission, to the Historical Commission.

(7) One copy each of the preliminary plan, a waiver request letter in the format specified in § 22-704 of this chapter and all related supporting information, to the Parks, Recreation and Conservation Committee.

(8) One copy of the preliminary plan to any adjacent municipality or other governmental agency affected by the proposed development when requested by the Board of Supervisors or the Planning Commission.

(9) One copy of the preliminary plan reduced to a sheet size of 11 inches by 17 inches for the Township file.

(10) All preliminary plans and supporting documents submitted to the Township in paper form shall be included in pdf format on a USB memory stick and shall be submitted to the Township concurrently with the paper documents.

G. When required, revised preliminary plans shall be submitted to the Township to permit the following distribution:

[Amended by Ord. No. 2021-251, 11/8/2021]

(1) Two copies each of the preliminary plan and, only if revised, two copies of a waiver request letter in the format specified in § 22-704 of this chapter, all supporting information and the Sewage Facilities Planning Module to the Township.

(2) Two copies of the preliminary plan and, only if revised, two copies of the completed Sewage Facilities Planning Module to the Chester County Health Department.

(3) One copy of the preliminary plan and, only if revised, one copy of a waiver request letter in the format specified in § 22-704 of this chapter and all supporting information to the Township Engineer.

(4) If revised, one copy of the traffic impact study, a waiver request letter in the format specified in § 22-704 of this chapter and plan to the Township Traffic Engineer.

(5) One copy of the preliminary plan and waiver request letter in the format specified in § 22-704 of this chapter, if revised, to the Township Planner.

(6) Five copies each of the plan and waiver request letter in the format specified in § 22-704 of this chapter, if revised, to the Township Planning Commission.

(7) One copy of the preliminary plan and, only if revised, one copy of a waiver request letter in the format specified in § 22-704 of this chapter and all supporting documentation to the Township Solicitor.

(8) One copy each of the preliminary plan and, only if revised, a waiver request letter and relevant supporting information to the Historical Commission.

(9) One copy each of the preliminary plan and, only if revised, a waiver request letter and relevant supporting information to the Parks, Recreation and Conservation Committee.

(10) All revised preliminary plans and supporting documents submitted to the Township in paper form shall be included in PDF format on a USB memory stick and shall be submitted to the Township concurrently with the paper documents.

H. The applicant shall furnish additional copies of the preliminary plans, waiver request letters in the format required by § 22-704 of this chapter in supporting information at the Township's request.

[Amended by Ord. No. 2021-251, 11/8/2021]

I. The Township shall note the date of the receipt of the application, and any fees and escrow deposits, as determined by resolution of the Board of Supervisors. The application shall not be processed until it is complete and the required fees have been received.

J. If, subsequent to the initial preliminary plan application, waivers or additional waivers are requested by the applicant, the applicant shall be required to file a new preliminary plan application, which shall be subject to a new ninety-day review period. The fee will be waived, but the escrow shall be recharged.

2. Review. The preliminary plan shall be reviewed by the Planning Commission at the next regularly scheduled meeting and shall also be reviewed by the Township Consultants, the Chester County Planning Commission, the Chester County Conservation District, the Chester County Health Department, and such other agencies as required by this chapter or deemed appropriate by the Planning Commission. Where a minor subdivision is proposed, the preliminary plan shall be reviewed by the Township Engineer but shall not be reviewed by the other Township Consultants unless requested by the Planning Commission or the Township Engineer.

[Amended by Ord. 209, 12/12/2016; and by Ord. No. 2021-251, 11/8/2021]

A. Official Review Period.

(1) The Township shall have 90 consecutive calendar days in which to review and take action on the preliminary plan.

(2) In accordance with Section 508 of the Pennsylvania Municipalities Planning Code, the 90 consecutive calendar day period shall commence on the date of the regularly scheduled Planning Commission meeting next following the date a complete application is submitted to the Township; provided that, if the next regular meeting of the Planning Commission shall occur more than 30 days after the application is submitted to the Township, the ninety-day period shall be measured from the 30th day following the date of submission of the application.

(3) An extension of the review period for an unlimited period of time, revocable upon 60 days' prior written notice to the Township, may be granted in writing by the applicant. An unlimited extension of time shall not preclude the Board of Supervisors from taking action to accept or reject the preliminary plan at any time it elects to do so. In the event that an applicant takes no action on a proposed preliminary plan for 12 months or more, the Township may issue a notification letter to the applicant that the Board of Supervisors will consider the preliminary plan application at its next regularly scheduled meeting.

B. Review by the Township Consultants.

(1) The review by the Township 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 Township ordinances are complied with, and an examination of the engineering and design feasibility of the various alternatives presented for the location, alignment and grade of streets, stormwater drainage, sanitary sewers and water supply. To facilitate this review, the Township Engineer may, at his discretion, distribute copies of the plans to Township commissions and committees established by the Board of Supervisors. The Township Engineer shall confer with the Township Traffic Engineer and shall coordinate the preparation of a traffic engineering review to obtain conformity with the requirements of Subsection 3 below. The Township Engineer shall confer with the applicant to the extent necessary to obtain conformity of the plan with these regulations and to comment upon the matters subject to his review. The Township Engineer shall forward his written comments on the plan to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and preliminary plan were first placed on the agenda.

(2) The review by the Township Planner shall include an examination of the content of the plans to be certain that all information presented in the plans submitted related to the four-step design process, outdoor lighting, landscaping and buffering, and their functional and aesthetic relationship to adjoining properties and uses conform to the applicable provisions of this chapter, as well as the East Coventry Township Comprehensive Plan dated 2003 or last revised, East Coventry Township Parks, Recreation, and Open Space Plan dated April 10, 2012, or last revised, Pottstown Metropolitan Regional Comprehensive Plan dated 2005 or last revised, and any other planning documents that may be adopted by the Board of Supervisors. The Township Planner shall confer with the applicant to the extent necessary to obtain conformity of the plan with these regulations and planning documents and to comment upon the matters subject to his review. The Township Planner shall forward his written comments on the plan to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and preliminary plan were first placed on the agenda.

(3) The review by the Township Traffic Engineer shall include an examination of the content of the plans to be certain that all information presented in the plans submitted related to streets, parking and loading areas, and traffic impact fees conforms to the applicable provisions of this chapter, the East Coventry Township Roadway Sufficiency Analysis and Transportation Capital Improvement Plan dated 2001, or last revised, and other transportation studies that may be adopted by the Board of Supervisors. If the applicant is required to obtain a Highway Occupancy Permit from PennDOT, then the provisions of Subsection 3I, below, also shall be applicable to the preliminary plan submission. The Township Traffic Engineer shall confer with the applicant to the extent necessary to obtain conformity of the plan with these regulations and transportation studies and to comment upon the matters subject to his review. The Township Traffic Engineer shall forward his written comments on the plan to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next regular scheduled meeting of the Planning Commission at which the application and preliminary plan were first placed on the agenda.

(4) The review by the Township Solicitor shall include an examination of the content of the plans and supporting documents, to the extent appropriate, to determine the legal documents and agreements, and the terms and conditions to be contained therein, that should be required as a condition of plan approval to ensure compliance with applicable legal requirements and to legally protect the interests of the Township with respect to the completion of the proposed development in accordance with the plans. The Township Solicitor shall forward his written comments on the plan to the Township, the applicant and the applicant's consultants at least seven consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and preliminary plan were first placed on the agenda.

(5) The review by the Historical Commission shall include an examination of the content of the plans and supporting documentation, to the extent appropriate, including a satisfactorily completed Cultural Resource Notice, if required under applicable federal or state law, and correspondence from the Pennsylvania Historical and Museum Commission, to determine the compatibility of the development with extant historic resources and the terms and conditions that should be required as a condition of plan approval to ensure compliance with federal and state laws designed to protect and preserve historic resources. Unless waived by the Historical Commission, the applicant shall attend a dedicated meeting with the Historical Commission to review the plans and supporting documentation. The Historical Commission shall forward its written comments on the plan to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and preliminary plan were first placed on the agenda.

(6) The review by the Parks, Recreation and Conservation Committee shall include an examination of the content of the plans to determine whether the plans are in compliance with the Township's park and recreation goals and objectives as documented in the Township's Parks, Recreation, and Open Space Plan, the Pottstown Metropolitan Regional Comprehensive Plan, and any parks and recreation plan now or hereafter adopted by the Federation of Northern Chester County Communities, as each of the same may be amended or supplemented from time to time. The Parks, Recreation and Conservation Committee shall forward its written comments on the plan to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and preliminary plan were first placed on the agenda.

C. Review by the Township Planning Commission.

(1) The Township Planning Commission shall review all plans referred to it and shall consider any recommendations made by a County agency, the Township Consultants and any other persons or agencies who shall have submitted comments with respect to any such application.

(2) In its review of the preliminary plan, the Planning Commission shall examine the plan with particular emphasis on determining the suitability of the plan for the development of land and its relationship to the harmonious extension of streets and utilities, arrangement and density of housing or other uses, and compatibility of the plan with the Township Comprehensive Plan and Township Zoning Ordinance [Chapter 27]. The Planning Commission also shall review waiver requests and assess the adequacy of parking, surface and storm drainage, access, landscaping and other related design standards.

(3) To facilitate its review, the Planning Commission may, at its discretion, distribute copies of the preliminary plan to Township commissions and committees established by the Board of Supervisors.

(4) The Planning Commission shall send its written recommendations and the reasons therefor in a resolution in draft form prepared by the Township Solicitor and recommended for adoption by the Board of Supervisors, citing specific sections of the chapter relied upon, along with the written comments of the Township Engineer, the Township Planner, the Township Traffic Engineer, the Township Solicitor, the Chester County Planning Commission, and other agencies which have submitted comments, to the Board of Supervisors, with a copy mailed or delivered personally to the applicant.

D. Review by the Board of Supervisors.

(1) When the written recommendations of the Planning Commission have been sent to the Board of Supervisors, such plan shall be placed on the Board's agenda for its review at its next regularly scheduled meeting. The applicant shall submit one paper copy and one electronic copy of the full preliminary plan set and five paper- copies of the site plan to the Township for review by the Board and shall attend the meeting and conduct a presentation before the Board, using graphic illustrations of the proposed development, to explain the key features of the preliminary plan and the project.

(2) The Board shall, at one or more regular or special public meetings, review the plan, other supporting information, and the written comments of the Planning Commission, the Township Consultants, the County Planning Commission and all other reviewing agencies, to determine conformity of the plan to the standards of this and any other applicable ordinance. The Board may specify conditions, changes, modifications, or additions to the plan which the Board deems necessary and may make a decision to grant preliminary plan approval subject to such conditions, changes, modifications, or additions, citing appropriate chapter provisions as described in Subsection 2D(4). When a plan is not approved in terms as filed, the decision of the Board shall specify the defects found in the plan and describe the requirements which have not been met and shall, in each case, cite the provision of the chapter relied upon in the decision. If the Board approves the preliminary plan, the minutes of the meeting shall reflect such approval either with or without conditions.

(3) Notwithstanding the foregoing procedure, the Board shall render a decision on all preliminary plans within the earlier of (a) 90 consecutive calendar days following the date of the regular meeting of the Planning Commission next following the date the application and preliminary plan were filed, or (b) 120 days following the date the application and preliminary plan were filed. The decision of the Board shall be in writing and shall be communicated to the applicant by mail not later than 15 consecutive calendar days following the decision or before the end of the extension period, if any, whichever shall first occur.

(4) Whenever the approval of a preliminary plan is subject to conditions, the written action of the Board as prescribed herein shall specify each condition of approval, citing relevant chapter provisions in each case, and require the applicant's written acceptance or rejection of such conditions. If the applicant's written acceptance or rejection of such conditions is not received within the earlier of (a) 30 days after written action by the Board, or (b) the expiration of the ninety-day preliminary plan review period, including any extension thereof; or if the applicant delivers written rejection of such conditions, then the approval of the Board shall be rescinded automatically and expire, which rescission and expiration shall automatically revoke any and all approvals granted based on such conditions.

(5) The Board of Supervisors may grant or deny a modification or waiver of one or more provisions of this chapter if the Board determines that the waiver or modification is appropriate in accordance with § 22-704 of this chapter. A written request for one or more modifications or waivers shall be submitted in the form of a letter addressed to the Township, citing the specific section(s) from which a modification or waiver is sought, and providing a description of (a) the extent of the modification or waiver being requested, (b) the resulting hardship to the applicant if the minimum requested relief is not granted, and (c) the alternatives being proposed. If a request for modification or waiver approval is granted by the Board, the approved modifications or waivers shall be placed on the first sheet of the applicant's plan using the form of Waiver Request Matrix provided in Appendix 22-A of this chapter. If no modifications or waivers are requested, the note "No Waivers are Requested" shall be placed on the first sheet of the applicant's plan.

(6) Additional Reviews. At its option, the Township may require that such additional Township consultants, commissions or committees review the preliminary plans and such supporting documentation as the Township deems necessary or appropriate to preserve the health, safety and welfare of the community.

3. Content. A preliminary plan shall contain the following information relating to the tract and be prepared in accordance with the following minimum standards:

A. General Content.

(1) Name, address and telephone number of the applicant, or authorized agent, and of the owner of record.

(2) Name of subdivision or land development or other identifying title.

(3) Name, address and telephone number of the registered engineer or surveyor responsible for preparing the plan. If a registered engineer, architect or landscape architect collaborated in the preparation of the plan, the name, address, telephone number and seal of such architect or landscape architect shall also appear. All preliminary plans must be accompanied by a boundary survey signed and sealed by a registered surveyor.

(4) Written and graphic scale, not greater than one inch equals 200 feet.

(5) The title: "Preliminary Plan."

(6) North arrow.

(7) A location map for the purpose of locating the site to be subdivided or developed, at a scale of not less than 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all streets and municipal boundaries existing within 1,000 feet of any part of the property proposed to be subdivided or developed. The location map also shall delineate Exelon's Exclusion Zone (which is the 2,500-foot perimeter around the towers located at Exelon’s Limerick Generating Station) if situated within the depicted area.

[Amended by Ord. No. 228, 12/10/2018]

(8) Ordinance information, including the applicable SALDO, zoning, stormwater management and driveway ordinances governing the plan application, identifying all pertinent ordinance section numbers, dates of enactment and latest ordinance numbers, applicable district, area, bulk and dimensional requirements, documentation for any variance, conditional use or special exception that may have been granted, and any zoning boundaries that traverse or are within 200 feet of the tract.

[Amended by Ord. 211, 2/13/2017]

(9) Lot numbers, lot areas (both gross and net) in square feet and acres, indicating that portion of the lot containing limitations excluded by the lot area definition, and a statement of the number of lots and parcels. For the purpose of demonstrating how net lot area is calculated, the applicant shall utilize the template located in Appendix 22-C of this chapter.

[Amended by Ord. 209, 12/12/2016]

(10) Original date of preparation and revision dates with concise descriptions of each revision.

(11) Total tract boundaries showing bearings and distances and along all existing rights of way within and adjacent to the tract prepared by a registered professional land surveyor. In addition, all straight lot lines and chords and radii of curved lot lines, defined in feet and hundredths of a foot by distances, and in degrees, minutes and seconds either by magnetic bearings or by angles of deflection from other lot and street lines.

(12) The total tract boundary lines of the area being subdivided with accurate distances to 1/100th of a foot and bearings in degrees, minutes and seconds. These boundaries shall be balanced and closed with an error of closure not to exceed one foot in 25,000 feet; provided, however, that the boundary(s) adjoining additional unplatted land of the applicant are not required to be based upon a field survey, and may be calculated. The monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plan, and the placement of the monuments.

(13) The location of all existing and proposed monuments.

(14) The names of all owners and tax parcel numbers of adjacent lands, on both sides of all adjacent streets, the names of all proposed and existing subdivisions adjacent, and the locations and dimensions of any streets or right of way easements.

(15) The locations and dimensions of all existing streets, railroads, sewers and sewage systems, aqueducts, water mains and feeder lines, fire hydrants, gas, electric and oil transmission lines, water courses, sources of water supply, easements and other significant features within the property, or such driveways, intersections and utilities within 100 feet of any part of the property proposed to be developed or subdivided.

(16) Except where a lot line adjustment or reverse subdivision is being proposed, the locations and dimensions of all trails and significant natural features, including topography and areas of steep slope, wetlands, floodplain areas, swales, rock outcrops, vegetation and trees of eight inches DBH, or greater, as indicated from the site analysis.

[Amended by Ord. 213, 6/12/2017]

(17) Except where a lot line adjustment or reverse subdivision is being proposed, the applicant shall obtain a wetlands survey performed by a firm competent to complete such surveys, prepared in accordance with Pennsylvania Department of Environmental Protection criteria and delineated according to the procedures contained in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. If no such lands exist on the tract for which the subdivision or land development is proposed, the plan must include a statement indicating so. Whenever the Township Planning Commission and/or either the Township Engineer or Township Planner have reasonable evidence that wetlands may be present or may extend beyond the boundaries shown, the Township may require a U.S. Army Corps of Engineers delineation that shall serve as final arbitration.

(18) Any proposed improvements requiring a permit from the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection shall be so indicated.

(19) Except where a minor subdivision is being proposed as defined in § 22-301, Subsection 3A, where individual on lot sewage disposal systems are proposed, percolation test pits shall be performed according to § 22-421, Subsection 13, as prescribed herein, and the exact locations of the test pits, probes and percolation holes for primary and replacement fields, if required by the Chester County Health Department, shall be indicated on the plan.

(20) In the case where an individual or community well is proposed to serve the subdivision or land development, the proposed location of the well and the one-hundred-foot radius separation distance shall be indicated on the plan.

(21) The locations and widths of any streets or other public ways or area shown upon an adopted local plan, if such plan exists for the area to be subdivided or developed.

(22) The locations of all existing structures on the tract and the distance thereof from lot lines, and the locations and dimensions of all historic resources, where known.

(23) Except where a lot line adjustment or reverse subdivision is being proposed, topography, the contour lines of which shall be two-foot intervals. Actual field surveying or aerial photo interpretation shall be required when public improvements are proposed. For a lot line adjustment or reverse subdivision, topography may be provided using U.S.G.S. or Chester County GIS data.

(24) Location and elevation of the datum to which contour elevations refer; the datum utilized shall be NGVD datum.

(25) Certification as to the accuracy of the plan and details of such plans shall be prepared in accordance with Act 367, known as the Professional Engineers Registration Law.

(26) A statement of consistency with the East Coventry Township Comprehensive Plan dated 2003 or last revised, the East Coventry Township Parks, Recreation, and Open Space Plan dated April 10, 2012, or last revised, and the Pottstown Metropolitan Regional Comprehensive Plan dated 2005 or last revised.

(27) In the event that any of the physical features required by this Subsection 3A to be shown on the preliminary plan, or required to be reflected in the accompanying data described in § 22-306, do not exist within the project area and, as a result, cannot be shown on the preliminary plan or the supplementary plans identified in § 22-306, a note shall be placed on the first page of the preliminary plan stating: "The following features do not exist within the project area and within the required distances from all property boundaries: "This note shall list each feature by name and chapter section.

(28) The locations, center-line right-of-way, limits of easements and dimensions of all transmission pipelines on the tract and: on any abutting property, or within any applicable setback area as described in § 22-431, Subsection 2A, of this chapter, or within any PIR area as defined in § 22-431, Subsection 2A(2), of this chapter, whichever distance is the greatest.

[Added by Ord. 209, 12/12/2016]

B. Drafting Standards.

(1) The plan shall be drawn on a scale of no greater than one inch equals 50 feet unless the average size of the proposed lots is in excess of 10 acres, in which case, a scale of one inch equals 100 feet may be used.

(2) Dimensions shall be set in feet, bearing in degrees, minutes and seconds, with errors of closure not to exceed one part per 25,000.

(3) Each sheet shall be numbered and shall show its relationship to the total number of sheets.

(4) The plan shall bear an adequate legend to indicate clearly which features exist and which are proposed.

(5) The original drawing, and all submitted prints thereof, shall be made on sheets of 24 inches by 36 inches.

(6) If the preliminary plan requires more than one sheet, a master sheet at a scale not smaller than one inch equals 400 feet showing the location of each section shall accompany the plan.

(7) If more than one scale is used in the plan, a key must be provided that indicates the difference in scale.

(8) All notations on the plan must be readable with a minimum font size of 0.07 inches in height. Illegible notations will be considered incomplete data on the plan.

[Amended by Ord. No. 2021-251, 11/8/2021]

C. Site Context Map. A map showing the location of the proposed subdivision or land development within its neighborhood context shall be submitted. For sites under 100 acres in area, such maps shall be prepared at a scale not less than one inch equals 200 feet and shall show the relationship of the subject site to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more in area, the scale shall be one inch equals 400 feet and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on the site context maps shall include topography (from U.S.G.S. maps), stream valleys, wetland complexes (from maps published by the U.S. Fish and Wildlife Service or the U.S.D.A. Natural Resources Conservation Service), woodlands over 1/2 acre in area (from aerial photographs), ridge lines, public roads and trails, utility easements and rights of way, historic resources, public land and land protected by conservation easements and hedgerows.

D. Preliminary Resource Impact and Conservation Plan.

(1) Except where a minor subdivision is proposed, a Preliminary Resource Impact and Conservation Plan shall be prepared to categorize the impacts of the proposed subdivision and land development on those resources identified in the site analysis (as required under Subsection 3H. All proposed improvements, including, but not limited to grading, fill, streets, buildings, utilities and stormwater detention and retention facilities, as proposed in the other preliminary plan documents, shall be taken into account in preparing the Preliminary Resource Impact and Conservation Plan.

(2) Using the information from the site analysis, impact areas shall be mapped according to the following categories: a) primary impact areas (i.e., areas directly impacted by the proposed subdivision), b) secondary impact areas, (i.e., areas in proximity to primary areas that may be impacted by the proposed subdivision), and c) designated protected areas, either to be included in proposed greenway land or an equivalent designation such as dedication of a neighborhood park site.

[Amended by Ord. No. 2023-260, 6/12/2023]

(3) All or any part of the Preliminary Resource Impact and Conservation Plan may be waived by the Planning Commission if, in its judgment, the proposed development areas would be likely to cause no more than an insignificant impact upon the site's resources.

E. The preliminary plan shall be prepared in accordance with Subsection 3A and also shall include, at a minimum, the following:

(1) Location and width of all existing and proposed streets and rights of way with a statement of any conditions governing their use, including distance to the nearest intersection.

(2) Existing and proposed street and utility easement locations, with dimensions.

(3) All proposed lot lines with dimensions and lot areas, both gross and net, indicating those limitations excluded from the net lot area in accordance with the Township Zoning Ordinance [Chapter 27].

(4) All land used for utilities shall be on conforming lots, or on an easement on a conforming lot, and be eligible to be utilized as a legal conforming use.

(5) All proposed building (setback) and yard line requirements for each lot, the proposed placement of each building and the proposed location of on-site water and sewer facilities.

(6) The first floor elevation of all structures, such first floor elevation to be a minimum of one foot above the elevation of the final grade.

(7) A statement of the intended use of all nonresidential lots. If a deed restriction is required as described in § 22-301, Subsection 3A(1)(e), a statement to such effect shall be included. A statement of restrictions of any type which exist as covenants in the deed(s) for all lots contained wholly or in part in the subdivision and, if covenants are recorded, including the deed book and page number. The applicant shall provide to the Township copies of all instruments containing such covenants or restrictions for review by the Township Solicitor.

[Amended by Ord. No. 228, 12/10/2018]

(8) Lot numbers and a statement of the total number of lots and parcels.

(9) Location, size, material used, invert elevation, proposed connection to existing facilities, and percent of grade of all sanitary and storm sewers, including all manholes, inlets and culverts.

(10) Location and dimensions of proposed parks, playgrounds, trails and other open space areas to be dedicated or reserved for public use, with any conditions governing such use, ownership and maintenance.

(11) Limit of disturbance line.

(12) Typical street cross sections for all proposed streets including details relating to thickness, crowning and construction materials.

(13) If the land to be subdivided lies partially in or abuts another municipality, the applicant shall submit information concerning the location and conceptual design of streets, layout and size of lots and provisions of public improvements on land subject to his control within the adjoining municipality(s). The design of public improvements shall provide for a smooth, practical transition where specifications vary between East Coventry Township and the adjoining municipality(s). Evidence of approval of this information by appropriate officials of the adjoining municipality(s) shall also be submitted.

(14) Where the applicant proposes to install the improvements in phases, he shall submit with the preliminary plan, pursuant to § 508(4)(v) of the Municipalities Planning Code, as amended, a delineation of the proposed sections and a schedule of the deadlines within which applications for final approval of each section are to be filed.

(15) The location of proposed trees and shrubs, plus locations of existing vegetation to be retained per the landscape plan.

(16) The location and dimensions of all emergency access drives, fire lane easements and other easements and rights-of-way, the dimensions of which shall be not less than 20 feet in width and shall otherwise satisfy the requirements of this chapter, § 27-1305, Subsection 1K, of the Zoning Ordinance [Chapter 27] and the applicable provisions of the Standard Public Improvement Specifications.

(17) Driveways shall comply with the Standard Public Improvement Specifications. All driveway profiles to demonstrate compliance with the slope, cartway connection and drainage requirements of the Township Driveway Ordinance [Chapter 21]. Dimensions between the driveway and property lines, and between structures and the driveway, where appropriate, shall also be provided.

(18) A notation on the plan that the developer and the Township reserve the right to enter upon each lot from time to time and until the expiration of the statutory maintenance period following dedication of public improvements to the Township, in accordance with § 509 of the Municipalities Planning Code, whether prior to or after conveyance of the lot to a purchaser, for purposes of the completion, modification and/or repair of any required improvements on said lot, as shown on the approved final plan including, but not limited to, landscaping, grading, stormwater management, sanitary sewer, and other facilities and improvements, as deemed necessary by the developer and/or the Township Engineer.

(19) Where a subdivision or land development for a multi-unit development is being proposed, one or more refuse and recycling storage areas for the development, which shall be placed out of sight of and/or screened from view from the street level.

F. Except where a minor subdivision is proposed, the preliminary plan shall be accompanied by the following supplementary data:

(1) A Comprehensive Stormwater Management Plan prepared in accordance with Chapter 9, Grading and Excavating, Part 1, Stormwater Management, of the East Coventry Township Code of Ordinances. An executive summary also shall be provided that satisfies the requirements of Subsection 1F(4) of this section.

(2) A Preliminary Landscaping, Screening and Buffering Plan prepared in accordance with § 22-428 of this chapter.

(3) A preliminary conservation plan in accordance with § 22-306, Subsection 1. The preliminary conservation plan shall be accompanied by a proposed open space management plan, if applicable, which shall address the requirements of § 22-305, Subsection 3.B(2)(e) and Appendix 22-D. General descriptions of natural features (e.g., oak-hickory forest or wet meadow) and the proposed use and general treatment of all greenway lands (e.g., restored woodlands, passive trails and riparian corridors) shall be identified on the preliminary plans. If a Preliminary Resource Impact and Conservation Plan is not being provided, the foregoing information may be combined with the Site Analysis Plan required by § 22-304, Subsection 3.H, or other similar plan.

[Amended by Ord. No. 2023-260, 6/12/2023]

(4) A Preliminary Construction Improvements Plan in accordance with § 22-306, Subsection 2.

(5) All impact studies as required by § 22-306, Subsection 3.

G. Four-Step Design Process. Except where a minor subdivision is being proposed, all preliminary plans for residential development shall include documentation of the following four-step design process in determining the layout of proposed conservation areas, house sites, streets and lot lines:

[Amended by Ord. No. 2023-260, 6/12/2023]

(1) Step 1: Delineation of Conservation Areas and Stormwater and Wastewater Management Areas. Using the Site Analysis Plan as a base map, primary conservation areas shall be delineated comprising floodplains, wetlands and slopes in excess of 25%. In delineating secondary conservation areas, the applicant shall prioritize natural and historic resources on the site in terms of their highest to least suitability for inclusion in the plan, in consultation with the Planning Commission and utilizing the following list of resources to be conserved: mature woodlands, open space areas, trails and trail corridors, river and stream corridors, prime farmland, specimen trees, hedgerows, trees and tree groups, wildlife habitats, environmentally sensitive areas, historic resources and scenic viewsheds. On the basis of those priorities and practical considerations given to the site's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives. The boundaries as well as the types of resources included within the secondary conservation areas shall be clearly indicated. Locations for stormwater management, and if applicable, wastewater management facilities shall be identified. Such facilities should use the natural capacity and features of the site to manage stormwater and wastewater generated by the development wherever possible.

(2) Step 2: Location of House Sites. Potential house sites shall be tentatively located using the proposed greenway land as a base map as well as other relevant data from the site analysis, such as topography and soils. House sites shall be located not closer than 50 feet from primary conservation areas and 25 feet from secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

(3) Step 3: Alignment of Streets and Trails. Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards in Part 4 herein and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed conservation areas shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes in excess of 15%. Street connections shall be encouraged to generally minimize the number of new cul-de-sacs to be maintained by East Coventry Township and to facilitate access to and from homes on different parts of the site and adjoining parcels. A trail network shall be shown, providing access to the greenway land and other conservation areas. Potential trail connections to adjacent parcels shall also be shown in areas where a county or Township trail network exists or is envisioned in an adopted plan.

(4) Step 4: Drawing in the Lot Lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots.

(5) Applicants shall submit four separate sketch maps or one composite map, at the option of the Planning Commission, indicating the findings of each step of the design process.

H. Site Analysis. For all land developments or subdivisions (except where a lot line adjustment or reverse subdivision is proposed, or a subdivision in which all proposed residential lots are more than 10 acres in area), a site analysis shall be prepared to provide the applicant and the Township with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. Conditions beyond the site boundaries may be described on the basis of existing published data available from the Township, other governmental agencies, and from aerial photographs. The map shall conform to the drafting standards of Subsection 3B of this chapter and shall provide the following information:

[Amended by Ord. 209, 12/12/2016]

(1) Topography, the contour lines of which shall be two-foot intervals. Ten-foot contour intervals (from U.S.G.S. maps) are permissible to show the topography beyond the site boundaries. Slopes between 15% and 25% and those exceeding 25% shall be clearly indicated. Topography shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official U.S.G.S. benchmarks.

(2) The location and delineation of watercourses and natural drainage courses, as well as the floodplain areas, riparian buffers and wetlands as defined in the Zoning Ordinance [Chapter 27]. Additional areas of wetlands on the proposed development site shall also be indicated, as evident from testing, visual inspection or from the presence of wetland vegetation and soils.

[Amended by Ord. 213, 6/12/2017]

(3) Alluvial soils, wherever they extend beyond the limits of the floodplain areas.

[Amended by Ord. 213, 6/12/2017]

(4) Drainage basins and sub-basins.

(5) Vegetative cover conditions on the site according to general cover type indicating cultivated land, permanent grassland, old-field, hedgerow, woodland and wetland, individual trees with a DBH in excess of eight inches and the actual canopy line of existing trees and woodlands. Vegetative types shall be described in terms of plant community, relative age and condition.

(6) High groundwater areas as identified by the location of soils with seasonal or perennial high water tables mapped in the U.S. Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey located at http://websoilsurvey.nrcs.usda.gov/app.

(7) Soil series, types and phases, as mapped in the U.S. Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey located at http://websoilsurvey.nrcs.usda.gov/app and accompanying data for each soil relating to its suitability for construction (and in non-publicly sewered areas, for septic suitability).

[Amended by Ord. No. 2023-260, 6/12/2023]

(8) Ridgelines and watershed boundaries.

(9) Viewsheds as delineated in the "East Coventry Township Parks, Recreation, and Open Space Plan."

(10) Geologic formations and fault zones on the site shall be identified, based upon available published information or more detailed data obtained by the applicant.

(11) The location and dimensions of all existing streets, roads, buildings, utilities and other man-made improvements.

(12) The location of all historic resources on all adjoining tracts.

(13) The location of all trails that have been in public use (pedestrian, equestrian, bicycle, etc.).

(14) All easements and other encumbrances on the site that are or have been filed of record with the Recorder of Deeds of Chester County.

(15) All exceptional value streams and their tributaries.

(16) The location and dimensions of all gas, electric and petroleum product transmission or similar utility rights-of-way on owner lands.

(17) In the event that any of the physical features required by this Subsection 3H to be shown on the preliminary plan do not exist, a note shall be placed on the first page of the preliminary plan stating: "The following features do not exist within the project area:" This note shall list each feature by name and chapter section.

I. Highway Occupancy Permit.

(1) If the proposed land development requires a PennDOT highway occupancy permit, the applicant shall initiate the permit process simultaneously with the preliminary plan submission in accordance with the latest highway occupancy permit procedures established by PennDOT. The applicant shall include the Township Traffic Engineer in any and all meetings, including, without limitation, the scoping meeting, and all correspondence or discussions regarding the permitting process. In addition, any documentation submitted as part of the highway occupancy permit process shall be simultaneously submitted to the Township for review by the Township and the Township Traffic Engineer.

(2) The PennDOT scoping meeting for the traffic impact study shall be scheduled to coincide with the submission of the preliminary plan application. The scoping meeting will provide for discussion of the project, transportation related issues and potential traffic impacts, and set the scope of the traffic impact study for review by the Township and PennDOT.

§ 22-305 Final Plan Submission, Resubmission, Review and Content.

[Ord. 179, 8/8/2011, § I; as amended by Ord. 196, 8/12/2013, § I]

1. Complete Submission.

A. Within 12 months after approval of the preliminary plan, a final plan and all necessary supplementary data shall be submitted to the Township. If the applicant does not make a proper final plan application within 12 months of the date of preliminary plan approval, the preliminary plan shall expire.

B. The final plan shall conform to the terms of approval of the preliminary plan, to the most recent administrative regulations adopted by the Board of Supervisors for such purposes, and to the requirements of this section.

C. The Board of Supervisors may permit submission of the final plan in sections or phases, each covering a reasonable portion of the entire proposed subdivision or land development as shown on the approved preliminary plan, but in no case shall any section or phase include less than 25% of the total lots or dwelling units or total floor area, as depicted on the approved preliminary plan.

D. All final plans, as further described in this section, together with a completed official application and signed consultant professional services agreement, available from the Township, shall be submitted, along with supporting information, to the Township at least 21 consecutive calendar days prior to a regularly scheduled meeting of the Planning Commission in order to be placed on the agenda for that meeting. The Township shall determine if the application form is completed correctly, the correct number of plans have been submitted, the Township consultant professional services agreement has been signed, all required fees have been paid, and the application is otherwise complete and, if so, shall place the application on the agenda for the next regularly scheduled meeting.

E. All final plans and revisions to the plans shall be submitted to the Township for review by the Township Consultants, as appropriate, no less than 21 consecutive calendar days prior to a regularly scheduled meeting of the Planning Commission in order to be placed on the agenda for that meeting.

[Amended by Ord. No. 2021-251, 11/8/2021]

F. In all cases, the Planning Commission shall review the final plan submissions and revisions to the plans before they are submitted for review by the Board of Supervisors. The Planning Commission shall receive comments from reviewing agencies and Consultants as provided in this section, correlate the comments and submit its written report to the Board of Supervisors within 63 consecutive calendar days of the date of the regular meeting of the Planning Commission next following the date the application was filed.

G. Each final plan revision submitted to the Township shall be accompanied by a letter from the applicant, or applicant's agent, which shall restate and provide itemized responses to all review comments prepared by the applicable reviewing agencies and Township Consultants on the previous submission, describe the specific revisions made to the final plan and/or accompanying documents to address the review comments, and identify the sheet or page number in which each revision may be found. Such letter also shall describe, in detail, any and all revisions made to the final plan and/or accompanying documents since the previous submission not requested by such review comments. If one or more revisions are made to the final plan and not disclosed or identified in writing by the applicant or applicant's agent, said undisclosed or unidentified revisions shall not be part of, and shall be excluded from, any resulting final plan approval. In addition, any final plan approval by the Board of Supervisors where the plan contains undisclosed or unidentified revisions that are noncompliant with the requirements of this chapter or any other applicable laws, statutes, ordinances, rules or regulations, shall in no way relieve the applicant of its obligation to fully comply therewith. Further, the applicant shall be required to pay all costs and expenses, including but not limited to engineering and legal fees, incurred by the Township associated with identifying and appropriately addressing undisclosed revisions to the final plan submission.

H. Copies of the application and the final plan, and supporting information, as further described in this section, shall be supplied to the Township to permit the following distribution:

(1) Two copies of the final plan and official Township application, all supporting information, including the Sewage Facilities Planning Module, and the required escrow and application fees to the Township.

(2) One copy of the final plan, County referral form, all supporting information, including the Sewage Facilities Planning Module, and accompanying fee to the County Planning Commission.

(3) Two copies of the final plan, two completed Sewage Facilities Planning Modules and appropriate fee to the Chester County Health Department.

(4) One copy each of the final plan and supporting information (including technical appendixes) and plans to the Township Engineer and, except where a minor subdivision is proposed, the Township Planner, the Township Traffic Engineer, and the Township Solicitor. All traffic count data shall also be provided to the Township in electronic format. In the case of a minor subdivision, a copy of the final plans shall be supplied to the Township Solicitor for preparation of the draft resolution described in § 22-305.2C(4).

[Amended by Ord. No. 2021-251, 11/8/2021]

(5) Five copies of the final plan and supporting information and plans to the Township Planning Commission.

(6) One copy each of the final plan, and all related supporting information, including a copy of a completed Cultural Resource Notice (if required) submitted or to be submitted to the Pennsylvania Historical and Museum Commission, to the Historical Commission.

(7) One copy each of the final plan, and all related supporting information, to the Parks, Recreation and Conservation Committee.

(8) One copy of the final plan to any adjacent municipality or other governmental agency affected by the proposed development when requested by the Board of Supervisors or the Planning Commission.

(9) If no revisions have been made to the supporting documentation submitted with the preliminary plan, and such supporting documentation remains fully applicable to the final plan submission, this shall be noted in the final plan submission transmittal letter.

(10) All final plans and supporting documents submitted to the Township in paper form shall be included in PDF format on a USB memory stick and shall be submitted to the Township concurrently with the paper documents.

[Added by Ord. No. 2021-251, 11/8/2021]

I. When required, revised final plans shall be submitted to the Township to permit the following distribution:

(1) Two copies of the final plan and, only if revised, two copies of all supporting information and the Sewage Facilities Planning Module to the Township.

(2) Two copies of the final plan and, only if revised, two copies of the completed Sewage Facilities Planning Module to the Chester County Health Department.

(3) One copy of the final plan and, only if revised, one copy of all supporting information to the Township Engineer.

(4) If revised, one copy of the traffic impact study and plan to the Township Traffic Engineer.

(5) One copy of the final plan to the Township Planner.

(6) Five copies of the final plan to the Township Planning Commission.

(7) One copy of the final plan and, only if revised, one copy of all supporting documentation to the Township Solicitor.

(8) If revised, one copy each of the relevant plan sheets of the final plan and, only if revised, relevant supporting information to the Historical Commission.

(9) If revised, one copy each of the relevant plan sheets of the final plan and, only if revised, relevant supporting information to the Parks, Recreation and Conservation Committee.

(10) All revised final plans and supporting documents submitted to the Township in paper form shall be included in PDF format on a USB memory stick and shall be submitted to the Township concurrently with the paper documents.

[Added by Ord. No. 2021-251, 11/8/2021]

J. The applicant shall furnish additional copies of final plans and supporting information at the Township's request.

K. The Township shall note the date of the receipt of the application, and any fees and escrow deposits, as determined by resolution of the Board of Supervisors. The application shall not be processed until it is complete and the required fees have been received.

2. Review. The final plan shall be reviewed by the Planning Commission at the next regularly scheduled meeting and shall also be reviewed by the Township Consultants, the Chester County Planning Commission, the Chester County Conservation District, the Chester County Health Department and such other agencies as required by this chapter or deemed appropriate by the Planning Commission. Where a minor subdivision is proposed, the final plan shall be reviewed by the Township Engineer but shall not be reviewed by the other Township Consultants unless requested by the Planning Commission or the Township Engineer.

[Amended by Ord. 209, 12/12/2016; and by Ord. No. 2021-251, 11/8/2021]

A. Official Review Period.

(1) The Township shall have 90 consecutive calendar days in which to review and take action on the final.

(2) In accordance with Section 508 of the Pennsylvania Municipalities Planning Code, the 90 consecutive calendar day review period shall commence on the date of the regularly scheduled Planning Commission meeting next following the date a complete application is submitted to the Township; provided that, if the next regular meeting of the Planning Commission shall occur more than 30 days after the application is submitted to the Township, the ninety-day period shall be measured from the 30th day following the date of submission of the application.

(3) An extension of the review period for an unlimited period of time, revocable upon 60 days' prior written notice to the Township, may be granted in writing by the applicant. An unlimited extension of time shall not preclude the Board of Supervisors from taking action to accept or reject the final plan at any time it elects to do so. In the event that an applicant takes no action on a proposed final plan for 12 months or more, the Township may issue a notification letter to the applicant that the Board of Supervisors will consider the final plan application at its next regularly scheduled meeting.

B. Review by the Township Consultants, the Authority or Other Entity, for Sanitary Sewage Disposal and the Authority or Other Entity, for Water Supply.

(1) The review by the Township Engineer shall include an examination of the content of the plans to be certain that all information and changes required by this chapter and by the Board in its review of the preliminary plan are presented in the plans submitted, an investigation of the plan to be certain that all other Township ordinances are complied with, and an examination of the engineering and design feasibility of the final designs presented for the location, alignment and grade of streets, stormwater drainage, sanitary sewers and water supply. To facilitate this review, the Township Engineer may, at his discretion, distribute copies of the plans to Township commissions and committees established by the Board of Supervisors. The Township Engineer shall confer with the Township Traffic Engineer and shall coordinate the preparation of a traffic engineering review to obtain conformity with the requirements of Subsection 3 below. The Township Engineer shall confer with the applicant to the extent necessary to obtain conformity of the plan with these regulations and to comment upon the matters subject to his review. The Township Engineer shall forward his written comments on the plan to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and final plan were first placed on the agenda.

(2) The review by the Township Planner shall include an examination of the content of the plans to be certain that all information and changes required by this chapter and by the Board in its review of the preliminary plan are presented in the plans submitted related to the four-step design process, outdoor lighting, landscaping and buffering, and its functional and aesthetic relationship to adjoining properties and uses conforms to the applicable provisions of this chapter, as well as the East Coventry Township Comprehensive Plan dated 2003 or last revised, East Coventry Township Parks, Recreation, and Open Space Plan dated April 10, 2012, or last revised, Pottstown Metropolitan Regional Comprehensive Plan dated 2005 or last revised, and any other planning documents that may be adopted by the Board of Supervisors. The Township Planner shall confer with the applicant to the extent necessary to obtain conformity of the plan with these regulations and planning documents and to comment upon matters subject to his review. The Township Planner shall forward his written comments on the plan to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and final plan were first placed on the agenda.

(3) The review by the Township Traffic Engineer shall include an examination of the content of the plans to be certain that all information presented in the plans submitted related to streets, parking and loading areas, and traffic impact fees conforms to the applicable provisions of this chapter, the East Coventry Township Roadway Sufficiency Analysis and Transportation Capital Improvement Plan dated 2001 or last revised, and other transportation studies that may be adopted by the Board of Supervisors. The Township Traffic Engineer shall confer with the applicant to the extent necessary to obtain conformity of the plan with these regulations and transportation studies and to comment upon the matters subject to his review. The Township Traffic Engineer shall forward his written comments on the plan to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and final plan were first placed on the agenda.

(4) The review by the Township Solicitor shall include an examination of the content of the plans and supporting documents, to the extent appropriate, to determine the legal documents and agreements, and the terms and conditions to be contained therein, that should be required as a condition of plan approval to ensure compliance with applicable legal requirements and to legally protect the interests of the Township with respect to the completion of the proposed development in accordance with the final plan. The Township Solicitor shall forward his written comments on the plan to the Township, the applicant and the applicant's consultants at least seven consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and final plan were first placed on the agenda.

(5) The authority for sanitary sewage disposal shall review the final design of sewerage facilities to determine compliance with standards established for acceptance of such systems by the Board. Final approval of plans by the authority for sanitary sewage disposal shall be a condition precedent to the Board's action on the final plan.

(6) The authority for water supply shall review the final design of the water supply facilities to determine compliance with standards established for acceptance of such systems by the Board. Final approval of plans by the authority for water supply shall be a condition precedent to the Board's action on the final plan.

(7) The review by the Historical Commission shall include an examination of the content of the plans and supporting documentation, to the extent appropriate, including a satisfactorily completed Cultural Resource Notice, if required under applicable federal or state law, and correspondence from the Pennsylvania Historical and Museum Commission, to determine the compatibility of the development with extant historic resources and the terms and conditions that should be required as a condition of plan approval to ensure compliance with federal and state laws designed to protect and preserve historic resources. Unless waived by the Historical Commission, the applicant shall attend a dedicated meeting with the Historical Commission to review the plans and supporting documentation. The Historical Commission shall forward its written comments on the plan to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and final plan were first placed on the agenda.

(8) The review by the Parks, Recreation and Conservation Committee shall include an examination of the content of the plans to determine whether the plans are in compliance with the Township's park and recreation goals and objectives as documented in the Township's Parks, Recreation, and Open Space Plan, the Pottstown Metropolitan Regional Comprehensive Plan, and any parks and recreation plan now or hereafter adopted by the Federation of Northern Chester County Communities, as each of the same may be amended or supplemented from time to time. The Parks, Recreation and Conservation Committee shall forward its written comments on the plan to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next regularly scheduled meeting of the Planning Commission at which the application and final plan were first placed on the agenda.

C. Review by the Township Planning Commission.

(1) The Township Planning Commission shall review all plans referred to it and shall consider any recommendations made by a County agency, the Township Consultants and any other persons or agencies who shall have submitted comments with respect to any such application.

(2) In its review of the final plan, the Planning Commission shall examine the plan with particular emphasis on determining the suitability of the plan for the development of land and its relationship to the harmonious extension of streets and utilities, arrangement and density of housing or other uses, and compatibility of the plan with the Township Comprehensive Plan and Township Zoning Ordinance [Chapter 27]. The Planning Commission also shall review waiver requests and assess the adequacy of parking, surface and storm drainage, access, landscaping and other related design standards.

(3) To facilitate its review, the Planning Commission may, at its discretion, distribute copies of the final plan to Township commissions and committees established by the Board of Supervisors.

(4) The Planning Commission shall send its written recommendations and the reasons therefor in a resolution in draft form prepared by the Township Solicitor and recommended for adoption by the Board of Supervisors, citing specific sections of the chapter relied upon, along with the written comments of the Township Engineer, the Township Planner, the Township Traffic Engineer, the Township Solicitor, the Chester County Planning Commission, the authorities for water supply and sanitary sewage disposal and other agencies which have submitted comments, to the Board of Supervisors, with a copy mailed or delivered personally to the applicant.

D. Review by the Board of Supervisors.

(1) When the written recommendations of the Planning Commission have been sent to the Board of Supervisors, such plan shall be placed on the Board's agenda for its review at its next regularly scheduled meeting. The applicant shall submit one paper copy and one electronic copy of the full final plan set and five paper copies of the site plan to the Township for review by the Board and shall attend the meeting and conduct a presentation before the Board, using graphic illustrations of the proposed development, to explain the key features of the final plan and the project.

(2) The Board shall, at one or more regular or special public meetings, review the plan, other supporting information, and the written comments of the Planning Commission, the Township Consultants, the County Planning Commission and all other reviewing agencies, to determine conformity of the plan to the standards of this and any other applicable ordinance. The Board may specify conditions, changes, modifications or additions to the plan which the Board deems necessary and may make a decision to grant final plan approval subject to such conditions, changes, modifications or additions, citing appropriate chapter provisions as described in Subsection 2D(4). When a plan is not approved in terms as filed, the decision of the Board shall specify the defects found in the plan and describe the requirements which have not been met and shall, in each case, cite the provision of the chapter relied upon in the decision. If the Board approves the final plan, the minutes of the meeting shall reflect such approval either with or without conditions.

(3) Notwithstanding the foregoing procedure, the Board shall render a decision on all final plans within the earlier of (a) 90 consecutive calendar days following the date of the regular meeting of the Planning Commission next following the date the application and final plan were filed, or (b) 120 days following the date the application and final plan were filed. The decision of the Board shall be in writing and shall be communicated to the applicant by mail not later than 15 consecutive calendar days following the decision or before the end of the extension period, if any, whichever shall first occur.

(4) Whenever the approval of a final plan is subject to conditions, the written action of the Board as prescribed herein shall specify each condition of approval, citing relevant chapter provisions in each case, and require the applicant's written acceptance or rejection of such conditions. If the applicant's written acceptance or rejection of such conditions is not received within the earlier of (a) 30 days after written action by the Board, or (b) the expiration of the ninety-day final plan review period, including any extension thereof, or if the applicant delivers written rejection of such conditions, then the approval of the Board shall be rescinded automatically and expire, which rescission and expiration shall automatically revoke any and all approvals granted based on such conditions.

(5) The Board of Supervisors may grant or deny a modification or waiver of one or more provisions of this chapter if the Board determines that the waiver or modification is appropriate in accordance with § 22-704 of this chapter. A written request for one or more modifications or waivers shall be submitted in the form of a letter addressed to the Township, citing the specific section(s) from which a modification or waiver is sought, and providing a description of (a) the extent of the modification or waiver being requested, (b) the resulting hardship to the applicant if the minimum requested relief is not granted, and (c) the alternatives being proposed. If a request for modification or waiver approval is granted by the Board, the approved modifications or waivers shall be placed on the first sheet of the applicant's plan using the form of Waiver Request Matrix provided in Appendix 22-A of this chapter. If no modifications or waivers are requested, the note "No Waivers are Requested" shall be placed on the first sheet of the applicant's plan.

(6) Following the Planning Commission's recommendation for approval of the final plan, the Board of Supervisors may request that the applicant prepare an estimate, subject to approval of the Township Engineer, of the cost of all public improvements to be dedicated to the Township. The estimate shall be prepared, and certified as representing a fair and reasonable estimate of the cost, by a professional engineer licensed as such in Pennsylvania.

(7) The Board of Supervisors shall designate one signed, sealed (if applicable) and recorded paper copy and an electronic (PDF) copy of the final plan as the official copy. An unsigned version of the official copy shall also be provided in AutoCAD. These copies shall include all corrections required by the Board of Supervisors. All copies shall be retained in the Township files.

(8) Copies of the final plan as approved, with the appropriate endorsement of the Board of Supervisors and the Township Engineer, shall be distributed as follows:

(a) A minimum of four copies to the Township, three of which shall be utilized in recording in accordance with § 22-307 and one copy to be returned to the Township after recording.

(b) One copy to the County Planning Commission.

(c) One signed and recorded copy to be retained in the Township files, together with one copy of all supporting materials.

E. Every final plan approval, with the exception of minor subdivision plans, as defined under § 22-301, Subsection 3A, shall be subject to the following conditions:

(1) The applicant shall execute a Land Development Agreement in accordance with § 22-309, agreeing with the Township to install all the improvements as required by this chapter and all regulations adopted pursuant thereto.

(2) The applicant shall provide a performance guarantee in accordance with § 22-310.

(3) The applicant agrees, if requested by the Board of Supervisors, and to the extent permitted by law, to tender a deed of dedication to the Township for such streets, easements for sanitary sewers, water lines and storm sewers, and public improvements, including street paving, sidewalks, street trees, water mains, any fire hydrants, sanitary and storm sewers, as are required for the promotion of public welfare, after all said improvements are completed and such completion is certified as satisfactory by the Township Engineer. The Board shall require that the applicant supply title insurance from a reputable title insurance company before any real property offered for dedication is accepted by the Township.

(4) Whenever the applicant is providing open space as part of the development, an easement in perpetuity restricting such open space from further subdivision or development shall be executed between the applicant and the Township, or an organization acceptable to the Township, and shall be for the benefit of the Township and/or the lot purchasers in the subdivision or land development.

(5) The applicant shall have submitted to the Township copies of approvals for all required permits from agencies having jurisdiction over the development, prior to the Planning Commission's consideration of a recommendation for final plan approval. In cases where the permitting agency will not issue the required permit until the Board of Supervisors first approves the final plan, a letter to that effect from the permitting agency shall be provided to the Planning Commission and the Township Engineer. After review of the permitting agency letter, and if found acceptable, the Township Engineer may make a recommendation to the Board of Supervisors that the final plan be considered for approval; provided, however, that if, following plan approval, the permitting agency conditions the issuance of a permit on changes being made to the approved plan, such proposed changes shall be presented to the Board of Supervisors for approval prior to implementation. The Board may, in its discretion, condition approval on the preparation of amended plans in accordance with § 22-312 of this chapter.

F. Before acting upon any subdivision or land development plan, the Board of Supervisors may hold a public hearing thereon pursuant to public notice.

G. No plan which will require access to a highway or road under the jurisdiction of PennDOT shall be finally approved unless the plan contains a notice that a highway occupancy permit is required pursuant to § 420 of Act 428, known as the "State Highway Law," before driveway access to a state highway or road is permitted.

3. Content. Final plans shall contain all information required in § 22-304, Subsection 3A, and shall conform in all details to preliminary plans, including any conditions specified by the Board. A final plan shall consist of and be prepared in accordance with the following:

A. Drafting Standards.

(1) Subdivision or land development plans submitted for review for final approval shall be clear and legible, with black or blue ink on white prints of the drawings. Upon completion of review, and for signature by the Board, clear and legible paper copies, and an electronic (AutoCAD 2000® or earlier version (.dxf format)) copy of all plans shall be submitted. The title sheet of the plans shall contain an area for signatures by the Board of Supervisors and Planning Commission.

(2) Final plans shall be made on sheets of 24 inches by 36 inches. Where necessary to avoid sheets larger than the maximum size prescribed above, final plans shall be drawn in two or more sections, accompanied by a key diagram showing relative location of the sections. The scale shall not be less than 100 feet to the inch. All dimensions shall be shown in feet and hundredths of a foot.

B. Site Design, Layout Standards and Content.

(1) All information required in § 22-304, Subsection 3A, and the following minimum data shall be shown:

(a) All easements or rights-of-way where provided for or owned by public services and any limitations on such easements or rights-of-way. Easements or rights-of-way shall be specifically described on the plans. Legal descriptions and plot plans, including metes and bounds, shall be submitted for all easements with final plans to the Township for review by the Township Engineer. Upon request of the Board of Supervisors, one or more agreements for such easements shall be recorded. Easements shall be located in cooperation with the appropriate public utilities.

(b) If the subdivision proposes a new street intersection with a state road, the intersection permit number(s) shall be indicated for all such intersections.

(c) A certification of ownership, acknowledgment of plan and offer of dedication shall be affixed on the plan, and shall be duly acknowledged and signed by the owner(s) of the property and notarized.

(d) All waivers requested by the applicant and granted by the Board of Supervisors in accordance with § 22-704 of this chapter shall be clearly stated on the first sheet of the final plan in the form of, and containing the information required by, the Waiver Request Matrix attached as Appendix 22-A of this chapter.

(e) The street name, street numbering as approved by the Township for each lot, cartway width, legal right-of-way lines and ultimate right-of-way lines of all existing public streets and the name and location of all other roads within the property.

(f) The following data for the center line of the cartway and the legal right-of-way and ultimate right-of-way lines of all recorded and proposed streets within and adjacent to the property:

1) Courses and distances, with length in feet and hundredths of a foot of all straight lines, and of the radius and the arc of all curved lines with delta angles, including curved lot lines, and bearings in degrees, minutes and seconds for all straight lines.

2) The width in feet of the cartway, the legal right-of-way and the ultimate right-of-way, and (in degrees, minutes and seconds) of the delta angle of all curved lines, including curved lot lines.

(g) Certification as to the accuracy of the plan and details of such plans shall be prepared in accordance with Act 367, known as the Professional Engineers Registration Law.

(h) All notations on the plan must be readable with a minimum font size of 0. 07 inches in height. Illegible notations shall be considered incomplete data on the plan.

[Amended by Ord. No. 2021-251, 11/8/2021]

(i) Prior to the preconstruction meeting, the developer and/or contractor shall provide a letter to the Township Manager indicating that all required permits have been received.

(2) Except where a minor subdivision is proposed, the final plan shall be accompanied by the following supplementary data:

[Amended by Ord. 211, 2/13/2017]

(a) A final Conservation Plan, prepared in accordance with § 22-306, Subsection 1.

(b) A final Comprehensive Stormwater Management Plan prepared in accordance with Chapter 9, Grading and Excavating, Part 1, Stormwater Management, of the East Coventry Township Code of Ordinances.

(c) A final Construction Improvements Plan, in accordance with § 22-306, Subsection 2.

(d) A final Landscaping, Screening and Buffering Plan, prepared in accordance with § 22-428.

(e) If common elements or common facilities are being proposed, homeowners' association and/or easement documentation acceptable to the Township Board of Supervisors after review and comment by the Township Solicitor. Where a homeowner's association is proposed, it shall be formed and operated under the following documents and provisions, which shall be acceptable to the Township upon advice of the Township Solicitor:

[Amended by Ord. No. 2019-234, 9/9/2019]

1) The applicant shall provide a description of and proof of incorporation of the association, a copy of its bylaws and proof of adoption thereof.

2) The applicant shall provide a copy of the declaration of covenants, easements and restrictions or similar document(s) regulating the use and maintenance of all common facilities.

3) The association shall be responsible for the management, maintenance and insurance of the open space and common facilities, enforceable by liens placed by the homeowner's association. An open space management plan regulating the use, management and maintenance of all open space and associated common facilities shall be required for all residential developments containing open space or common facilities. The open space management plan shall contain the elements described in Appendix 22-D attached hereto;[1] to the extent applicable. Upon a default by the association in its management obligations, the Township may, but shall not be obligated to, take the following actions:

a) Upon 30 days' advance written notice to the association (or such lesser period as may be specified in the notice in case of emergency) and the failure of the association within such period to perform the necessary maintenance and otherwise remedy the condition set forth in the Township's notice, to enter upon the open space, accessing the same through any other lands of the association or such individual(s) as may be necessary, to perform such maintenance and take any other action necessary to correct the condition.

b) Any and all costs incurred by the Township shall be paid by the association within 10 days after written demand by the Township. Upon the failure to timely pay such costs, interest at the annual rate of 15% shall be added thereto, plus all costs incurred by the Township for the collection thereof.

c) All costs incurred by the Township, including court costs and attorneys' fees, shall constitute a municipal lien and shall be enforceable as such against the association.

d) Such lien shall extend to all property of the association within the development containing the affected open space and shall also constitute a lien, pro rata, against all of the lots owned by members of the association.

[1] Editor's Note: Appendix 22-D is included as an attachment to this chapter.

4) The association shall be organized, operated and financed by the developer prior to the sale of any lots within the development. The conditions and timing of transfer of the control of the association from the developer to the homeowners shall be identified.

5) Membership in the association shall be mandatory for all owners and successors of dwellings in the development. The members of the association shall share equitably the costs of managing and maintaining the open space and common facilities. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs related to the stewardship of open space and the maintenance, repair or replacement of common facilities.

6) The association shall have or employ adequate staff to administer and provide continuous and proper management and maintenance of the open space and common facilities.

7) Homeowners association documentation approved by the Township shall be recorded with the final subdivision and land development plans, and proof of recording thereof shall be provided to the Township prior to the issuance of any building permits.

(3) In the event that any of the physical features required by this section to be shown on the final plan, or required to be reflected in the accompanying data described in § 22-306, do not exist within the project area and, as a result, cannot be shown on the final plan or the supplementary plans identified in § 22-306, a note shall be placed on the first page of the final plan stating: "The following features do not exist within the project area:" This note shall list each feature by name and chapter section.

§ 22-306 Accompanying Data.

[Ord. 179, 8/8/2011, § I; as amended by Ord. 196, 8/12/2013, § I]

1. Conservation Plan. A Conservation Plan is required to accompany the preliminary and the final subdivision or land development plan. For applications with proposed total earth disturbance of less than one acre, this Subsection 1 shall apply. For applications with proposed total earth disturbance of one acre or more, the Township shall defer to the requirements of the Chester County Conservation District and the NPDES permit regarding erosion and sedimentation control; provided, however, that deferral shall not apply to post-construction stormwater management facilities. The Conservation Plan shall be clearly and legibly drawn to the same scale as that of the preliminary and final plans. In those instances where the Township defers to the requirements of the Chester County Conservation District and the NPDES permit, a letter of adequacy shall be provided to the Township promptly upon issuance by the issuing authority.

A. Purpose. The purpose of the Conservation Plan is to identify plans and techniques to be incorporated into the development proposal that regulate the modification of natural terrain during the site development process to ensure that:

(1) The disturbance of the site does not result in damaging erosion and sedimentation control problems in order to protect the health, safety and welfare of the Township residents. These objectives will be pursued at the Township level in conjunction with state requirements for erosion and sedimentation control, as defined in the Department of Environmental Protection Chapter 102 regulations, as amended, and defined in the Erosion and Sediment Pollution Control Program Manual.

(2) The site design and preparation incorporates necessary steps to ensure the successful installation and long-term operation of erosion and sedimentation control and stormwater management facilities as defined in Chapter 9, Grading and Excavating, of the Township Code of Ordinances.

(3) The goals and objectives for the implementation of the Parks, Recreation, and Open Space Plan, as amended, and regulated in § 22-426 of this chapter, are linked with other land development concerns.

(4) The disturbance and removal of topsoil is reduced and avoided as required by § 22-425 of this chapter.

(5) The natural and historic resources protection objectives of § 22-429 are realized.

B. General Provisions. The following provisions shall be followed and incorporated into the development review and construction process.

(1) The applicant shall prepare a soil erosion and sediment control plan in accordance with the provisions of this section. All land disturbance activities shall be conducted in such a way as to minimize erosion on adjoining and downslope properties.

(a) The applicant undertaking land disturbance activity including, but not limited to, grading, excavating or disturbance of topsoil or vegetative cover, or introduction of fill material that may affect the existing flow of surface water within or down slope from the subject parcel, shall be required to:

1) Collect on-site runoff and manage its release to a point of discharge into a natural watercourse of the drainage area.

2) Protect and clean the downslope, and adjoining properties of silt and debris washed from the subject property as a result of land disturbance activities on the subject property.

3) Install all drainage and erosion control improvements as required by the approved soil erosion and sediment control plan.

(b) Measures to minimize soil erosion and sedimentation shall meet the standards and specifications contained in the Pennsylvania Department of Environmental Protection, "Soil Erosion and Sediment Pollution Control Manual," as amended and the Pennsylvania Clean Streams Law, Chapter 102, Erosion and Sedimentation Control Rules and Regulations, as amended and the specifications contained herein. The Township Engineer or other duly authorized agent shall ensure compliance with the appropriate specifications.

(2) The disturbed area and the duration of exposure shall be kept to a practical minimum and the disturbed soils shall be stabilized as quickly as practical.

(a) The permanent or temporary vegetation, erosion control and stormwater management structures and systems shall be installed within 20 days of the initial ground-breaking.

(b) If located adjacent to a stream within a watershed classified as high quality or exceptional value as designated by Pennsylvania Code 25, Chapter 93, Water Quality Standards, as amended, all graded surfaces shall be stabilized whether temporary or permanent, within three days of the initial ground breaking and, weather permitting, shall be watered, tended and maintained until growth is well established.

(3) Whenever feasible, natural vegetation shall be retained, protected and supplemented.

(4) Sediment in the runoff water shall be trapped until the disturbed area is permanently stabilized by the use of measures such as debris basins, sediment basins, silt traps or similar measures. Accumulated sediment shall be kept removed to ensure continued adequate capacity in the basins or traps.

(5) A grading, excavation, erosion and sediment control plan shall be submitted with the preliminary and final plans. Such plan shall be submitted in accordance with the Pennsylvania Department of Environmental Protection, "Erosion and Sediment Pollution Control Manual," as amended, and the "Special Protection Waters Implementation Handbook," as amended, and in compliance with the most current review requirements of the Chester County Conservation District. The Township shall be copied on all Soil Erosion and Sedimentation Pollution Control Plan submissions and all related correspondence to the Conservation District. In addition, the applicant shall submit three copies of all correspondence to, responses from, and plan submissions to the Chester County Conservation District that are not included in the applicant's formal preliminary and final plan application submissions. These copies shall be distributed as follows: one for the Township file, one for the Township Solicitor and one for the Township Engineer.

(a) When required by the most recent regulations of the Pennsylvania Department of Environmental Protection, development plans will be filed by the Conservation District with the Department of Environmental Protection for issuance of a National Pollutant Discharge Elimination System (NPDES) permit.

(b) Soil erosion and sediment control plans shall incorporate facilities for stormwater management in accordance with the policies and regulations of the Chester County Conservation District and the stormwater management plan required by Chapter 9, Grading, and Excavating, Part 1, Stormwater Management, of the Township Code of Ordinances.

(c) Upon recommendation from the Township Engineer, the Township may require the submission of final plans, regardless of their size or other outside review requirements, to the Chester County Conservation District for review and approval. In such a case, approval by the Chester County Conservation District shall be required before final approval of a subdivision or land development, or the issuance of a building permit in the case of a minor subdivision.

(6) There shall be no increase in discharge of sediment or other solid material from the site as a result of runoff.

(7) Erosion and sedimentation control devices, such as temporary vegetation and mulch, temporary earthen berms, interceptor dikes, ditches, diversion terraces, rock filter berms, crushed stone tire scrubbers, silt basins, silt fences and the like, appropriate to the scale of operations, shall be installed concurrent with earthmoving activities and whenever any situation is created that would contribute to increased soil erosion.

(8) Earthmoving operations shall be minimized where possible and practicable to preserve desirable natural features and the topography of the site.

(9) Stripping of vegetation, regrading or other development shall be done in such a way that will minimize soil erosion.

(10) To the maximum extent practicable, mature, healthy trees with DBH of eight inches or more and other significant existing vegetation shall be retained and protected. Such trees shall not be removed, except as provided on the approved subdivision and/or land development plan. The filling of soil more than five inches over the roots of trees to be preserved is prohibited. (The roots are presumed to extend out from the tree as far as the tree's branches extend outward.)

(11) Land disturbance shall be limited to the actual construction site and an access strip. The amount of disturbed area and the duration of exposure shall be kept to a practical minimum. Disturbed areas shall be stabilized with vegetation, mulch, erosion control fabric and the like, as soon as possible after earthmoving procedures.

(12) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Water runoff shall be minimized and retained on-site wherever possible to facilitate groundwater recharge.

(13) Temporary vegetation and/or mulching shall be used to protect critical areas during development. Critical areas shall be construed to mean those portions of a site which are extremely vulnerable to soil erosion.

(14) The permanent final vegetation and structural soil erosion control and drainage measures shall be installed in the development as soon as practicable in accordance with the approved plans.

(15) Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris and sediment basins, silt fences or other approved measures. Sediment deposits in basins, silt fences and the like shall be removed at periodic intervals during the construction period, as required.

C. The following practices shall be required for all subdivisions and/or land developments, unless the Township determines they are not applicable:

(1) Silt fences shall be utilized in lieu of straw-bale silt barriers downhill of all construction areas. In general, straw-bale silt barriers will be allowed only on projects with a construction period of less than 60 days and where the uphill drainage area is less than 1/2 acre. In all applications, silt fences and straw-bale silt barriers shall be securely anchored in place and embedded into the soil. Silt fences shall be installed on each subdivision lot down slope of the disturbed area prior to any lot disturbance.

(2) Silt fences or silt traps shall be placed at all inlets, headwalls, basin outlets and similar drainage structures during the construction period in order to prevent sediment from entering any watercourse, storm drainage system or other areas downstream.

(3) Temporary on-lot berms designed to act as silt traps and to manage excess runoff, located to protect environmentally sensitive areas and downstream properties, shall be required during construction. The top width of the berms shall be a minimum of three feet, with side slopes of a three to one maximum and the appropriate erosion control facilities, including, but not limited to, erosion control fabric.

(4) Crushed stone tire scrubbers shall be placed at all entrances to construction areas. Tire scrubbers shall be of sufficient width and length to prevent transportation of sediment off of the construction site. Any dirt, stone or other debris left on roadways must be removed at the end of each workday.

(5) Temporary and permanent seeding and mulch specifications shall be noted on all plans. The specifications shall include lime and fertilizer rates of application, as well as other provisions regarding procedures and materials. The Township requires hydro-seeding of all graded areas associated with street construction and stormwater management basins within seven days of final grading.

(6) During roadway grading, interceptor dikes shall be installed on all roadway subgrades with slopes in excess of 5% to prevent erosion of the subgrades. The interceptor dikes shall divert stormwater runoff through silt traps or silt fences.

(7) The crushed stone base course for driveways, roadways and parking areas shall be applied as soon as possible after grading procedures, in order to prevent soil erosion of the subgrade.

(8) Drainage swales and ditches, and all slopes greater than four to one shall be protected against soil erosion velocities with soil erosion control measures, such as erosion control fabric and other material, as approved by the Township.

D. Plan Content. The Conservation Plan shall be prepared on the base plan for preliminary and final plans showing all of the existing conditions and those elements of a preliminary or final plan relating to grading, storm drainage, building and paving coverage proposed, and perimeter boundaries and the like which may affect the design of erosion control and stormwater management facilities. In addition the Conservation Plan will show:

(1) Locations of all soil classifications, with special notations of seasonally high water table soils, prepared by a professional geologist from an actual field testing of the site. Soils present on the site shall be tabulated according to classification and hydrologic soil group.

(2) Location and results of soil percolation tests whenever on-site disposal of sewage is planned.

(3) Notations indicating: all trees of eight inches DBH or greater proposed to be cleared as part of the proposed Subdivision or Land Development Plan, together with reasons for such clearing; all proposed alterations of the natural grade, whether by cut or by fill; exceeding two feet, together with reasons for such alteration; compliance with all applicable erosion and sedimentation control standards.

E. A required element of any Conservation Plan shall be a plan for the control of erosion and sedimentation and for stormwater management. Any preliminary or final Conservation Plan for subdivision or land development must be accompanied by a stormwater management plan as provided for in Chapter 9, Grading and Excavating, Part 1, Stormwater Management, of the Township Code of Ordinances. Contents of the submitted plan shall reflect discussion by the applicant with the Township Engineer. The minimum components of the Conservation Plan are as follows:

(1) A narrative summary of the project, including:

(a) General description of the project.

(b) General description of accelerated erosion control.

(c) General description of sedimentation control.

(d) General description of stormwater management, both during and after construction.

(e) Date project is to begin and expected date final stabilization will be completed.

(2) Proposed alterations to the project area, including:

(a) Structures, roads, paved areas, buildings, and primary and secondary on-lot septic system areas for elevated sand mounds, if needed.

(b) Proposed stormwater control facilities.

(c) Finished contours including areas of cuts and fills.

(d) Changes to vegetative cover.

(3) Calculations and description of the amount of runoff from the project area to swales, pipe discharge points, temporary and permanent basins, sediment traps, etc. Calculations shall be performed for both during and after development. Such calculations shall demonstrate that the capacity of the system to control erosion and to prevent sediment discharges is sufficient to control velocity and quantity of discharge to acceptable limits.

(4) The staging of earthmoving activities, described in the narrative, including:

(a) Cover removal, including all cuts and fills.

(b) Installation of erosion and sediment control facilities and practices.

(c) Installation of improvements, including streets, storm sewers, underground utilities, sewer and water lines, buildings, driveways, parking areas, recreational facilities and other structures.

(d) Program of operations to convert erosion and sedimentation controls to permanent stormwater management facilities, including a chart of the relative time sequence of activities.

(5) Temporary control measures and facilities for use during earthmoving, in both map and narrative form, including:

(a) Purpose.

(b) Temporary facilities or other soil stabilization measures to protect existing trees and shrubs from earthmoving activities.

(c) Types, locations and dimensioned details of erosion and sedimentation control measures and facilities.

(d) Design considerations and calculations of measures and facilities to control excess stormwater created by runoff from graded areas.

(e) Facilities to prevent tracking of mud by construction vehicles onto existing roadways.

(6) A narrative description of the maintenance procedures for both temporary and permanent control facilities, and of ownership arrangements, including:

(a) The methods and frequency for removal and ultimate disposal of sediment and other materials removed from control facilities, both during and upon completion of the project.

(b) The proposed ownership and financial responsibility for the maintenance of the permanent control facilities.

F. Standards for Grading, Excavation and Fill Requirements.

(1) No excavation or fill shall be made with an exposed face steeper in slope than three horizontal to one vertical, except under one or more of the following conditions:

(a) The material in which the excavation or fill is to be made is sufficiently stable to sustain a slope steeper than three horizontal to one vertical, and a written statement to that effect by a licensed professional engineer experienced in erosion control is submitted and approved by the Township Engineer. The statement shall certify that the site has been inspected and that the deviation from the slope specified will not result in injury to persons or damage to property of increased erosion and resulting sedimentation.

(b) When a retaining wall is to support the face of the excavation, retaining walls shall be reviewed and approved by the Township Engineer. Retaining walls greater than four feet in height shall have a protective fence a minimum of four feet in height.

(2) The Township Engineer may require a flatter slope when it is found that the material in which the excavation is to be made is unusually subject to erosion or if other conditions exist which make such a shallower slope necessary for stability and safety.

(3) The top or bottom edge of slopes shall be located at least five feet from property lines, in order to permit a gradual rounding of the edge without encroaching onto the abutting property.

(4) Excavation shall not extend below the natural slope of the soil under the nearest point of any footing or foundation or any existing building or structure unless such footing or foundation is first properly underpinned or protected against settlement.

(5) Grading shall not redirect or concentrate surface water onto an adjacent property.

(6) During grading operations, necessary measures for dust control to prevent particulate matter from becoming airborne shall be followed. These measures shall include, but not be limited to, the following:

(a) A tire cleaning area shall be provided at each point of egress from the development areas.

(b) Use, where possible, of water or other method approved by the Township Engineer for control of dust during any land disturbance activity.

(c) Removal of earth or other material from paved streets at the end of each workday.

(7) Grading equipment shall not be allowed to cross permanent or intermittent streams without first obtaining appropriate permits from the Pennsylvania Department of Environmental Protection.

(8) No applicant shall engage in land disturbance activities that endanger any adjoining property, public street, sidewalk, alley or other property from settling, cracking or other damage that might result from such land disturbance. If in the opinion of the Township Engineer, the land disturbance would create a hazard to life or property unless adequately safeguarded, the applicant shall construct walls, fences, guardrails or other structures to safeguard the adjoining property, public street, sidewalk, alley or other property and persons.

(9) Excavation or fills shall not encroach on natural watercourses, floodplain areas, constructed channels or wetlands without the necessary state and federal permits. Excavations or fills located adjacent to natural watercourses or constructed channels shall have suitable protection against erosion.

(10) All fill shall be compacted to provide stability of material and to prevent undesirable settlements. The fill shall be spread in a series of layers, not exceeding 12 inches in thickness, and be compacted by a sheepsfoot roller or other approved method after each layer is spread. The Township Engineer may require compaction tests and reports.

(11) Adequate provisions shall be made to prevent surface waters from damaging the cut face of an excavation or the sloping surface or a fill within the area of a proposed subdivision or land development. Slopes of more than 10 feet in vertical height shall be separated by level berms of at least four feet in width within which ditches shall be constructed where necessary to prevent erosion and as a safe place to deposit and receive such water. The Township Engineer may require such drainage structures or pipes to be constructed or installed which are perceived necessary to prevent erosion damage and to satisfactorily carry off surface waters.

G. Grading for Drainage.

(1) All lots, tracts or parcels shall be graded to provide proper drainage away from buildings with a minimum slope of 2%, and to dispose of water without ponding. All land within a development shall be graded to drain and dispose of surface water without ponding, except where ponding, as in the case of detention or retention basins, is part of the stormwater management system for the proposed subdivision or land development.

(2) All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet. Where drainage swales are used to direct surface waters away from buildings, they shall be sodded or planted as required.

H. Vegetative Cover.

(1) Removal of any portion of existing vegetation including, but not limited to, trees and associated vegetation layers shall be done in such a manner as to minimize erosion and sedimentation. Existing vegetation shall be retained and protected, or replaced by an immediate cover, such as rye grass or other fast-growing cover material, acceptable to the Township, within 30 days of disturbance.

(2) The appropriate measures, as defined in § 22-428 shall be taken to protect existing trees and associated vegetation.

I. Responsibility.

(1) Whenever sedimentation is caused by the removal of vegetation, regrading or other disturbance, it shall be the responsibility of the applicant causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his or her expense within a time period acceptable to the Township.

(2) No applicant shall block, impede the flow of, alter, construct any structure, deposit any material or thing, or commit any act that will affect normal flood flow in any stream or watercourse without having obtained prior approval from the Pennsylvania Department of Environmental Protection and the Township.

(3) Where a subdivision or land development is traversed by a watercourse, a drainage easement of adequate width shall be provided along the line of such watercourse to accommodate a riparian buffer.

(4) All required drainage and erosion control improvements, whether temporary or permanent, shall be installed by the applicant, at his expense, and in accordance with all applicable requirements.

J. Compliance with Regulations and Procedures.

(1) The Township, in considering preliminary subdivision and land development plans, shall condition its approval upon the Township Engineer's approval of soil erosion and sediment control measures for applications proposing less than one acre of total earth disturbance or receipt of the NPDES permit and letter of adequacy issued by the Chester County Conservation District for applications proposing one acre or more of total earth disturbance.

(2) Each application shall contain a commitment to submit for approval, prior to final release of escrow and dedication of improvements, a modified soil erosion and sediment control plan should the proposed plan prove to be inadequate.

2. Construction Improvements Plan. The Construction Improvements Plan shall contain sufficient information to provide working plans for the layout and construction of proposed streets, utilities, stormwater retention structures and other improvements. Information shall include, but not be limited to, the following:

A. A statement describing proposed public improvements, including streets, curbs, sidewalks and the means of water supply and sewage disposal to be provided.

B. Water Supply and Sewage Facilities. All plans shall be accompanied by Planning Modules for Land Development, provided by the Pennsylvania Department of Environmental Protection, including information with regard to the means of sewage disposal and provision of water supply.

(1) Water Supply.

(a) Where off-site or central water service is proposed, the preliminary design of water distribution facilities, including the size and location of water mains, fire hydrants, storage tanks, and when appropriate, wells or other water sources.

(b) Where individual on-site water service is proposed, approximate location of well sites.

(2) Sewage Facilities. Sufficient information shall be provided to determine if the proposed subdivision or land development meets the recommendation and intent of the Township Act 537 Wastewater Facilities Plan.

(a) Where public sewer service is determined to be feasible and consistent with the sewage service area of the Township Act 537 Wastewater Facilities Plan, the preliminary design of sewage systems including, but not limited to, the location of sewers, pumping stations, sewer mains, and where applicable, sewage treatment plants, showing the size, capacity and location of treatment facilities.

(b) Where a community sewage system is proposed, plan information shall include the evaluation of alternative technologies in order of preference as outlined in the Township Act 537 Wastewater Facilities Plan and the most preferred feasible alternative as agreed to by the Township, the Pennsylvania Department of Environmental Protection, and the applicant. The preliminary design of the proposed system shall also be included, showing the size, capacity and location of treatment facilities, and where applicable, wastewater reclamation/land application sites.

(c) Where individual on-site sewage facilities are proposed, the applicant shall submit a statement with regard to the suitability of the soil to absorb sewage wastes. Test pit and percolation test information shall be provided and the approximate location of the system shall be indicated. Dimensioned horizontal isolation distances for treatment tanks and sewage absorption areas shall be provided as required by the Pennsylvania Department of Environmental Protection.

C. Horizontal plan for streets showing details of the horizontal layout including:

(1) Center line with bearings, distances, curve data and stations corresponding to the profile.

(2) Right-of-way and curb lines with radii at intersections.

(3) Tie-ins by courses and distances to intersections of all public roads, with their names and widths.

(4) Location of all monuments and other boundary markers by bearings and distances.

(5) Location and size of all drainage facilities, sidewalks, public utilities, fire hydrants, lighting standards and street name signs.

D. Horizontal Plan for Stormwater Management and Sanitary Sewer Facilities.

(1) Location and size of line with stations corresponding to the profile.

(2) Location of manholes or inlets with grade between and elevation of flow line and top of each manhole or inlet.

(3) Location of laterals.

(4) Location of other drainage facilities and public utilities in the vicinity of storm and/or sanitary sewer lines.

(5) Hydraulic design data and calculations for storm sewers, inlets, culverts and bridge structures.

E. A profile plan, indicating final grades of streets, sanitary sewers, stormwater management facilities and the extent of cut and fill operations.

(1) The profile plan shall show the vertical section of the existing grade and proposed grade along the center line of the proposed street. Where storm drainage and/or sanitary sewer lines are to be installed, they shall also be indicated on the profile plan.

(2) The horizontal scale on the profile plan shall not be less than one inch equals 100 feet and the vertical scale shall not be less than one inch equals five feet or in cases where larger scales are used, the ratio shall be one to 10 vertical to horizontal.

(3) A typical cross section of street construction shall be shown on the profile plan and shall indicate the following:

(a) Right-of-way width and the location and width of paving within the right-of-way.

(b) Type, thickness and crown of paving.

(c) The location, width, type and thickness of curbs and sidewalks to be installed if any.

(d) Grading of sidewalk area.

(e) Typical location, size and depth of any underground utilities that are to be installed in the right-of-way where such information is available.

F. Detail sheet(s) providing sufficient details and notes to define the construction methods and materials of proposed improvements. Details shall include, but not be limited to:

(1) All public sewer improvements as required and approved by the Sewer Authority.

(2) All public water improvements as required and approved by municipal or private water companies.

(3) A cross section of each utility trench, showing proposed bedding and backfill material as well as the required compaction methods.

(4) Erosion and sediment control methods and materials.

(5) Stormwater management facilities.

(6) Details of all improvements required by the Pennsylvania Department of Transportation.

G. Landscaping, Screening and Buffering Plan. When applicable, a Landscaping, Screening and Buffering Plan consistent with the requirements of § 22-428 shall be provided.

H. Outdoor Lighting Plan. When applicable, a Lighting Plan, consistent with the requirements of § 22-427 shall be provided.

3. Impact Studies.

A. Applicability. The traffic impact study detailed in Subsection 3D(1) below shall be required for all preliminary plan applications for development when any of the following are proposed for a property:

(1) Residential development with a trip generation rate of 60 AADT (annual average daily trips) as established in the Trip Generation Manual prepared by the Institute of Transportation Engineers, as amended.

(2) Institutional facility with a trip generation rate of 60 AADT, as established in the Trip Generation Manual prepared by the Institute of Transportation Engineers, as amended.

(3) Industrial, commercial and/or office development having a trip generation rate of 60 AADT or more, as established in the Trip Generation Manual prepared by the Institute of Transportation Engineers, as amended.

(4) Any project that will affect roads with a level of service at "D," "E," or "F," as determined by the Township at the time of submission.

(5) Any project that will affect roads as determined by the Township to have safety or design deficiency.

(6) Any project that will be developed in phases with a cumulative effect of falling within the required categories outlined above.

B. Applicability. The impact studies detailed in Subsection 3D(2), (3), (4) and (6) below shall be required for all preliminary plan applications for development when any of the following are proposed for a property:

(1) Residential development of 10 or more dwelling units.

(2) Institutional facility of 10 or more bedrooms or residential units.

(3) Industrial, commercial and/or office development in excess of 20,000 square feet of building area.

(4) The Environmental Impact Study detailed in Subsection 3D(6) below will also be required if the proposed subdivision or land development has, within its boundaries, an area of more than 10% of any individual resource, or an area of more than 25% of any combination of resources that are protected by the Natural Features Protection Standards enumerated and described in the Zoning Ordinance [Chapter 27]. The natural features to be protected include flood plains, steep slopes as defined by the Zoning Ordinance [Chapter 27], and soils with seasonally high water tables.

C. The Historic Resources Impact Study detailed in Subsection 3D(5), or portions thereof, shall be required, unless waived or modified by the Board of Supervisors, when any of the following are proposed:

(1) Subdivision or land development plans which will lead to the new construction of buildings, structures, roads, driveways, parking areas, etc., located within 100 feet of the closest point of a historic resource.

(2) Subdivision or land development plans which propose restoration, rehabilitation, adaptive reuse, relocation or demolition of a historic resource.

(3) General bridge or road construction or substantial repair passing within 100 feet of the closest point of a historic resource.

D. The Board shall consider the impact of the proposed use on the Township and on the facilities and systems as listed hereafter. When required by the Board, the applicant shall provide all of the information data and studies needed to allow the Board to reach conclusive evaluation of the areas set forth hereafter, which are applicable to the use proposed. The impact study should be one written document. Necessary maps, charts, etc., should be labeled as consecutively numbered exhibits and properly referenced throughout the text of the written document. The study should be written in a manner and style that clearly focuses on the information, data and analysis of the issues and objectives requested by the Board. The source of all data should be appropriately documented.

(1) Traffic Impact Study. A traffic impact study shall be provided that satisfies the requirements of this section, when applicable pursuant to § 27-1308 of the Zoning Ordinance [Chapter 27].

(a) Purpose. The traffic impact study shall enable the Board of Supervisors to assess the likely impact of a proposed development on the various components of the transportation system in the Township. The study shall: (1) identify any traffic or transportation problems associated with the adequacy of the existing transportation network to provide access to/from the development with regard to the character and volume of traffic to be generated by the proposed development; (2) determine the development's impact on public transportation and pedestrian and nonvehicular circulation; and (3) identify solutions to the traffic or transportation problems.

(b) Professional Input. The applicant shall retain a qualified professional traffic engineer to prepare the traffic impact study. For purposes of this provision, a qualified traffic engineer shall be deemed to be any individual holding a current Professional Engineer (P.E.) license issued by the Commonwealth of Pennsylvania, with documented experience in the field of transportation engineering (including, without limitation, certification as a Professional Traffic Operations Engineer (PTOE) from the Institute of Transportation Engineers), or any individual who conforms to the definition for a Municipal Traffic Engineer as set forth in 67 Pa.Code Chapter 205, as amended, entitled "Municipal Traffic Engineering Certification."

(c) Study Area. A study area that represents the area likely to be affected (from a traffic impact standpoint) by the development, shall be defined by the Township Traffic Engineer prior to the applicant commencing the traffic impact study. In identifying the study area, the Township Traffic Engineer shall discuss with the applicant and the Township the study area boundaries and the specific intersections to be included in the study.

(d) Contents of Traffic Impact Study. At the discretion of the Township, a traffic impact study shall contain, but not be limited to:

1) Site and Project Description. This description shall identify the site, proposed land use(s), the surrounding area, and the transportation setting, including, without limitation:

a) A description of the size, location, proposed land uses, construction staging and completion date of the proposed development. If the development is residential, the types of dwelling units and number of bedrooms shall be included. Also, the description shall include the characteristics of site users with respect to their transportation needs including, but not limited to, vehicular travel, pedestrian and bicycle travel, and public transportation. In addition, the description for educational, day-care or other similar facilities shall include a narrative of the arrival and dismissal times, student drop-off/pickup procedures, number of school buses, number of students, and other relevant operational information. Any unique or atypical transportation operations or characteristics of a proposed development shall be fully described.

b) The zoning classification of the existing and proposed uses of the site shall be identified.

c) A complete description of access and circulation for the development including, but not limited to, location of access points and method of traffic control.

d) Description of the adjacent external roadway system within the study area. Major intersections in the study area shall be identified and illustrated, and Township as well as PennDOT Smart Transportation roadway classifications and context shall be noted.

e) All existing and proposed public transportation services and facilities within the study area and the surrounding area shall be documented.

f) A description of the internal roadway system, pedestrian facilities, transit facilities and other appropriate transportation features.

g) All future committed or proposed roadway and intersection improvements within the study area shall be noted. The responsible party and anticipated project schedule shall be identified for each future improvement.

h) A description and evaluation of the need for school bus or public transportation bus activity and accommodations within the site, at the site access, or along the site frontage shall be provided, as appropriate.

2) Existing Traffic Conditions. Existing traffic conditions shall be documented for all major roadways and intersections established as part of the approved study area and shall be based on the following:

a) Existing peak-hour turning movement traffic volumes shall be recorded at all study area intersections and shall be conducted encompassing both the peak highway and development hours. Daily traffic volumes shall be documented in the report for each of the study roadways. The report shall provide figures illustrating the peak-hour turning movement traffic volumes, and documentation regarding all traffic counts.

b) A volume/capacity analysis based on existing traffic volumes shall be performed during the peak highway and development hours for all roadways and study intersections, including specific conditions and/or locations as may be established by the Township. The level of service results of the volume/capacity analysis shall be presented graphically.

c) A summarization of the most recent accident data within the study area shall be provided if required by the Township.

3) Future Conditions Analysis Without the Proposed Development. An evaluation of the anticipated future traffic volumes and the ability of the roadway network to accommodate this traffic without the proposed development shall be provided. The analysis shall be completed for each study peak hour for the development completion year and any interim years if development phases are proposed, unless otherwise required by the Township, such as the PennDOT design year five years after the initial development opening year. This evaluation shall include, without limitation, the following:

a) Peak-hour traffic volumes shall be projected for the design year(s) based on traffic growth information compiled by the Pennsylvania Department of Transportation or other approved sources. Projected traffic volumes shall also include anticipated traffic growth associated with other area proposed developments or developments under construction. All assumptions and methodologies utilized to forecast the future traffic volumes shall be clearly documented. Figures shall be provided in the report illustrating the peak-hour turning movement traffic volumes.

b) A volume/capacity analysis based on future without-development traffic volumes shall be performed during the peak highway and development hours for all roadways and study intersections. The level of service results shall be presented graphically.

c) Roadway and intersection improvements committed to by others for implementation prior to the design year(s) shall be included in the analysis. The applicant's traffic engineer shall seek guidance from the Township in determining the appropriateness of future roadway and intersection improvements. An analysis of future conditions both without and with improvements shall be provided, if appropriate.

4) Trip Generation Characteristics. Estimates of vehicle trips to result from the proposed development shall be completed for the design year(s) peak highway and development hours, and shall be determined as follows:

a) Estimation of the number of trips generated by the proposed uses for each study hour and on a daily basis shall be developed.

b) Traffic volumes generated by the proposed development shall be distributed and assigned throughout the study area for each of the study peak hours. Documentation of all assumptions used in the distribution and assignment of traffic shall be provided.

5) Future Conditions Analysis with the Proposed Development. A description of the adequacy of the roadway system to accommodate future traffic with development of the site shall be provided. The analysis shall be completed for each study peak hour for the development completion year and any interim years if development phases are proposed, unless otherwise required by the Township, as noted in Subsection 3D(1)(d)(3), above. The evaluation shall include, without limitation, the following:

a) Daily and peak-hour traffic volumes shall be projected for the design year(s). Projected traffic volumes shall be calculated by adding the anticipated development trip generation to the future traffic volumes without development for the roadway network and site access. Figures shall be provided in the report illustrating the peak-hour turning movement traffic volumes.

b) A volume/capacity analysis based on future with-development traffic volumes shall be performed during the peak highway and development hours for all roadways and study intersections. The level of service results shall be presented graphically.

c) A queuing analysis shall be performed during the peak highway and development hours for each study and site access intersection. The results of the queuing analysis shall be presented graphically and the available storage lengths for all existing and proposed lanes shall be identified to determine the adequacy of these facilities to accommodate the anticipated future vehicular traffic queues.

6) Proposed Improvements. A description of proposed improvements to remedy and otherwise mitigate traffic deficiencies and traffic impacts, as established by the analyses required herein, shall be identified, as follows:

a) Improvements shall be presented for future with-development traffic volumes to operate at level of service D or better for all movements and the overall intersection, if the future without-development conditions function at level of service D or better. If future without-development conditions are at level of service E, the improvements identified shall ensure that under no circumstances shall the future with-development level of service conditions be worse than future without-development conditions. For future with-development level of service F conditions, the volume/capacity ratio and delay shall be no worse than future without-development conditions. All site accesses shall function at level of service D or better for all movements and the overall intersection. Level of service shall be defined in accordance with the most current edition of the Transportation Research Board's "Highway Capacity Manual," or prior edition as currently accepted by PennDOT.

b) The description of improvements shall describe the location, nature and schedule, as well as the party responsible for the improvements. The listing of recommended improvements shall include, but not necessarily be limited to, the following elements: internal circulation design; site access design location; traffic signal installation/operation; and roadway/intersection widening. Although the improvement recommendations shall be consistent with the Township's Transportation Capital Improvement Plan (most recent revision), these improvements shall not be considered unless they are planned within a reasonable schedule, as directed by the Board of Supervisors.

c) A volume/capacity analysis shall be presented demonstrating the anticipated operating conditions of the study intersections upon implementation of any recommended improvements. The level of service results of the volume/capacity analysis shall be presented graphically.

d) Access design recommendations shall be provided consistent with the design requirements of the Township and/or the guidelines of PennDOT, including, without limitation, the following:

i. The available sight distance measurements shall be indicated for each access, and recommendations to achieve acceptable sight distance shall be provided;

ii. The necessity for auxiliary turn lanes at each site access intersection shall be identified based on PennDOT current design guidelines; and

iii. All access points and pedestrian crossings shall be examined as to the need for and feasibility of installing traffic signals or other traffic control devices, pursuant to PennDOT guidelines and traffic signal warrants.

7) PennDOT Highway Occupancy Permit. If a traffic impact study or traffic impact analysis will be required for a PennDOT highway occupancy permit, then the study shall follow current PennDOT guidelines for completion of the study and prior Township study requirements may be adjusted, as appropriate and with the approval of the Township Traffic Engineer. Further, the study shall incorporate any specific evaluations, analyses or other scope items that may be required by the Township and Township Traffic Engineer and shall be completed to their satisfaction.

8) Conclusions and Recommendations. Projected levels of service for all roadways and intersections shall be identified at the conclusion of each phase of development, and a level of service matrix shall be provided for comparison of the levels of service. All roadways and/or intersections showing a level of service which is deemed deficient shall be identified and specific recommendations for the elimination of traffic problems associated with the proposed development shall be identified. Also, improvements shall be offered to ensure that vehicular traffic queues can be accommodated to provide efficient access and mobility to/from the proposed development for pedestrian and vehicular traffic. The Township shall review the methodology, assumptions, findings, and recommendations of the applicant's traffic impact study. The Board may request additional analyses and may also impose upon the applicant additional improvements deemed necessary to accommodate impacts of the development.

(2) Utilities Impact Study. A study shall be prepared by a registered professional engineer, indicating the likely impact of the proposed development on existing sewer, water, groundwater, solid waste and drainage systems serving East Coventry Township. Said impact analysis shall identify the existing capacity of facilities that would serve the development, the prospects of those facilities being able to provide service to it, and any improvements that might be required as a direct result of the proposed development. Additionally, the study should identify the ability of sewer, water, solid waste and drainage systems to continue to provide efficient and economic service to existing residents and businesses within the Township considering added service requirements of the proposed development. The study shall indicate the alternatives that have been considered for sewage treatment and disposal, as well as measures to be initiated toward solid waste recycling, all utility systems, including stormwater management, and water conservation.

(3) Fiscal Impact Studies. In addition to the applicable development thresholds of Subsection 3B, a fiscal impact analysis shall be prepared for all conditional use, special exceptions and proposed zoning changes identifying the likely impact of the development on the Township's tax structure and expenditure patterns. Included shall be a determination of the revenues to accrue to the Township as a result of the proposed development, as well as an identification of the costs associated with delivering service to the proposed development. The fiscal impact analysis shall be prepared by a certified professional planner and shall consider the impact of the proposed development on the ability of the Township to deliver fire, police, administrative, public works and utility services. The Fiscal Impact Study shall be prepared in accordance with a methodology offered in the Fiscal Impact Handbook (Rutgers Center for Urban Policy Research, 1978, as modified from time to time), adapted as appropriate and to the Board's satisfaction. The "case study method" shall be utilized in reviewing methodologies with the applicant however the Board may authorize a different methodology if the applicant can demonstrate to the Board's satisfaction substantial advantages in results achieved and/or efficiencies realized. Particular aspects of the Township's service delivery capability to be analyzed shall include:

(a) Public Works. This includes potential effects on the maintenance, repair and upkeep of roads, signal systems, sewer, water and drainage systems, open space and recreation areas or any other applicable function of this department. This study shall address projected cost increases for the above mentioned items in terms of administration, personnel, equipment and materials.

(b) Administration. This includes time that would be required by the Board, Manager, Administrative Assistant and clerical personnel to process the application and handle the project during construction, as well as long-term administrative demands. This shall include, but not be limited to, the handling of plans, contracts, various legal instruments or agreements, permits, special problems, and escrow. Added demands on the code administration staff also shall be projected.

(c) Fire and Emergency Services. The analysis shall incorporate the development's impact on fire company capabilities including, but not limited to, public water supply, pumping capacity, specialized equipment and training requirements.

(d) Police. The study shall project the overall effects of the proposed development on existing Township police personnel numbers, equipment, vehicles and working space. The plan shall include whatever facilities or assistance the development will provide to handle emergencies, criminal investigations, armed robbery or other security related problems.

(4) Well Withdrawal Impact Study. When required by Subsection 3B, a Well Withdrawal Impact Study shall be submitted by the applicant. The purpose of the Well Withdrawal Impact Study is to evaluate the proposed subdivision or land development's potential impacts on the quantity and quality of the groundwater and surface water resources of the Township and existing wells in the Township. The Well Withdrawal Impact Study shall be prepared by a professional hydrogeologist, who shall submit to the Township for approval, the scope of the analysis prior to initiation thereof. The Well Withdrawal Impact Study shall contain, at a minimum the following:

(a) A map indicating the property boundaries of the proposed subdivision or land development and all existing wells and surface water bodies located within the radius, specified in this subsection, of the water withdrawal points of the proposed subdivision or land development. Reference shall be made to two studies prepared by the Federation of Northern Chester County Municipalities; "Surface Water Runoff Study" (September 1991) and "Water Resources Management Study" (October, 1988). Hydrogeological data contained in these studies shall be included in the analysis.

(b) The proposed thirty-day average rate and maximum daily rate of withdrawal from each source and from all sources in total.

(c) A geologic map indicating the property boundaries of the proposed subdivision or land development, the location of the proposed water withdrawal point(s) and the radius, as specified in this subsection, of the proposed water withdrawal point(s).

(d) A hydrogeologic analysis of the well withdrawals (tests to be conducted concurrently at all wells where multiple wells are proposed for concurrent use) that includes, but is not limited to, the following:

1) A constant rate well test for a minimum of 48 hours taken during a period of no recharge using the proposed maximum day withdrawal rate for each well. A peak-rate demand pump test may also be required. The water level against the elapsed time shall be recorded throughout the forty-eight-hour well test period and appropriately plotted. Additional information shall include:

a) Static, pumping and recovery water level measurements from all observed wells and perennial streams with a sufficient number of measurements taken to adequately characterize drawdown, recovery and stream flow.

b) Date and time of all water level measurements.

c) Record of pumping rate measured throughout the test.

2) Observations of water levels from any monitoring wells located on the subdivision or land development property.

3) Observations of water levels and pumping rate available from existing wells within the specified radius. The monitoring wells shall be representative of the entire area within the required radius. The radius from the location of the proposed water withdrawal point shall be as follows:

	Proposed 30 Day Average	Radius (Miles)
	Withdrawal Rate (Gallons per Day)
	2,000 to 10,000	0.40
	10,000 to 50,000	0.50
	50,001 to 100,000	0.75

4) Well log data for monitoring wells, if available, to identify significant water bearing zones. A significant water-bearing zone is one capable of providing at least 10% of the pump capacity rate.

5) Observations of perennial stream levels at points expected to be impacted by withdrawal.

6) An analysis of expected impacts on intended water source uses caused by continual withdrawals on existing wells, flows of perennial streams and long-term lowering of the groundwater levels.

7) Documentation, based upon historical water table measurements, of drought condition water table elevation approximating a fifty-year drought, if available.

8) All field notes and observations, including weather conditions throughout the well test.

9) All methods and/or sources used to obtain data and draw conclusions.

(e) The Well Withdrawal Impact Study shall also include an analysis of the potential for groundwater recharge on the site. A detailed geologic evaluation of the site shall be performed and, at a minimum, shall address soil permeability, depth to bedrock, susceptibility to sinkhole formation and subgrade stability. Where a site is determined to be suitable for ground water recharge, the applicant shall demonstrate that an average daily balance between the amount of groundwater withdrawn and the amount of groundwater recharged will be achieved. To the extent that the site is not suitable for groundwater recharge or a water balance is not achievable, the proposed density or intensity of the subdivision or land development shall be reduced consistent with attaining such water balance or a public water supply shall be utilized. All recharge techniques and/or facilities shall be designed in accordance with the "Pennsylvania Handbook of Best Management Practices for Developing Areas."

(f) In addition, any well or group of wells operating as a system that withdraw an average of more than 10,000 gallons per day, over a thirty-day period, shall require a Delaware River Basin Commission, Groundwater Protected Area (DRBC, GPA) permit. A group of wells not operating as a system that withdraw an average of more than 10,000 gallons per day, over a thirty-day period, may require a DRBC, Groundwater Protected Area (GPA) permit.

(g) The Township, with the assistance of the Township Engineer or designated consultant, shall review the methodology, assumptions, findings and recommendations of the applicant's hydrogeologist. The Board of Supervisors may impose additional improvements it deems necessary to accommodate the impacts of the proposed subdivision or land development.

(5) Historic Resources Impact Study. When required by Subsection 3C, a Historic Resources Impact Study, or portions thereof, shall be submitted by the applicant. The purpose of the Historic Resources Impact Study is to evaluate the proposed subdivision or land development's potential impact on historic resources and to avoid or minimize any resulting adverse effects on such historic resources during land development, land disturbance activities and construction. The Board may require the applicant to submit the Historic Resources Impact Study as a subsection of an impact study required in this Subsection 3, or as a separate document.

(a) The Historic Resources Impact Study shall be prepared by a qualified professional in historic preservation, historical architecture, planning or related disciplines, and, unless waived by the Historical Commission, shall be presented by the applicant or his agent for discussion at a meeting of the Historical Commission.

(b) Contents. The study shall contain the following information:

1) Background Information.

a) If not otherwise provided by the applicant, a general site description, including topography, watercourses, vegetation, landscaping, existing drives, etc.

b) General description and classification of all historic resources including, but not limited to, historic resource setting, orientation integrity, construction, chronological timeline, and architectural style interpretation, located on the subject tract, on tracts immediately adjacent to the subject tract or road, or within 100 feet of the subject tract or road.

c) Physical descriptions of all identified historic resources. Historic resource physical descriptions encompass historic resource features, such as windows, doors, facade arrangement, construction composition, roof style, cornices, aperture surrounds, height, width by number of bays, and specific elements for a particular architectural style and are classified per federal guidelines.

d) Statement of the significance of each historic resource, both relative to the Township and region in general.

e) Sufficient number, as determined by the Township, of black and white eight inches by 10 inches photographs to show each identified historic resource in its current setting.

f) Narrative description of the historical development of the subject tract or road.

g) Copy of a satisfactorily completed Cultural Resource Notice, if required under applicable federal or state laws and regulations, relating to all historic resources, with supporting documentation and copies of all correspondence to and from the Pennsylvania Historical and Museum Commission.

h) A Phase I archaeological survey investigation of the property, if recommended by the Historical Commission on the basis that the land is likely to or may contain archaeological resources, following the Historical Commission's receipt and review of the completed Cultural Resource Notice.

i) Copy of all reports and correspondence relating to a Section 106 Review, if applicable, including any Memorandum of Agreement and/or Programmatic Memorandum of Agreement.

j) Identification of all state and federal agencies, if any, that are reviewing the project.

2) Proposed Change.

a) General description of project, including timetable of phases.

b) Description of the impact on each identified historic resource with regard to architectural integrity, historic setting and future use.

c) General description of the effect of noise and traffic and any other impacts generated by the proposed change on each identified historic resource.

3) Mitigation Measures. Recommendations for mitigating the project's impacts on identified historic resources, including design alternatives, landscaping, screening and buffering in accordance with § 22-428, and any other appropriate measures permitted under the terms of this and other Township ordinances.

(c) Historical Commission. The Historic Resource Impact Study shall be reviewed by the Historical Commission, which shall set forth its evaluation and recommendations in a written report to the Township, the applicant and the applicant's consultants at least 14 consecutive calendar days prior to the next meeting after the regularly scheduled meeting of the Planning Commission at which the application and preliminary plan were first placed on the Planning Commission meeting agenda.

(6) Environmental Impact Study.

(a) All applicants filing an Environmental Impact Study shall prepare such a report in accordance with the provisions of this section.

(b) The format and content of the Environmental Impact Study shall be as follows:

1) Description of Existing Conditions. This section shall present a description of existing characteristics of the property with respect to geology, topography, ground and surface water hydrology, soils, vegetation and existing improvements and uses.

2) Description of the Proposed Action. This section shall describe the proposed action including types, locations and phasing of proposed site disturbances and construction, as well as proposed future ownership and maintenance of the property and the proposed improvements. Plans describing the proposed action may either be included within or accompany the Environmental Impact Study.

3) Proposed Measures to Control Potential Adverse Environmental Impacts. This section shall describe all measures proposed by the applicant to control all adverse impacts that may occur as a result of the proposed action.

4) List and Qualifications of Authors. The names, addresses, telephone numbers and qualifications of persons directly responsible for preparing the Environmental Impact Study shall be provided.

5) Appendices. Any additional information that the applicant wishes to provide may be included in one or more appendices to the report.

(c) Eight copies of the Environmental Impact Study shall be a required part of the preliminary plan application. The Township Engineer and Township Planner shall review the report and submit their findings in memoranda to the Board. A copy of the memoranda shall be forwarded to the applicant.

§ 22-307 Recording of Final Plan.

[Ord. 179, 8/8/2011, § I]

1. Upon satisfactory completion of the procedures set forth in this chapter and any and all conditions of plan approval imposed by the Board of Supervisors, including, but not limited to, the execution of all legal agreements, which shall be satisfactory to the Board of Supervisors and the Township Solicitor, the posting of all financial security, and the payment of all required escrows, fees and costs by the applicant, all endorsements shall be indicated on five complete sets of the final plan and on as many other copies of the final plan as may be desired by the applicant. The satisfactory completion of all conditions of approval imposed by the Board of Supervisors shall be completed within 90 days of the date of final plan approval by the Board, unless a written extension is granted by the Board. The final plan shall not be signed or recorded until all conditions of approval have been satisfactorily completed.

[Amended by Ord. No. 2021-251, 11/8/2021]

2. Upon the signing of five sets of the final plan by the Township Engineer, the Chairman of the Township Planning Commission, the Chairman of the Board of Supervisors, and any other required signatories, the final plan set shall be recorded in the office of the Chester County Recorder of Deeds within 90 days of the date of the final plan approval by the Township, or within 90 days after completion of all conditions of plan approval, whichever is later. The Chester County Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the Board of Supervisors and contains the stamp and seal of the Chester County Planning Commission. All recording fees shall be paid by the applicant. If the record plan is not recorded within the foregoing period, the contingent approval of the Board shall expire and be deemed to automatically revoke all plan approvals granted by the Board based upon the satisfaction of such conditions.

[Amended by Ord. 209, 12/12/2016; and by Ord. No. 2021-251, 11/8/2021]

3. Where a major subdivision plan, as defined by this chapter, is to be recorded, the documentation outlined under § 22-309 shall also be recorded therewith.

§ 22-308 Resubdivision Plan Submission, Review and Content.

[Ord. 179, 8/8/2011, § I]

1. All resubdivision plan applications shall comply with the applicable final plan application, review and content requirements and procedures outlined under §§ 22-306, Subsections 1, 2 and 3, of this chapter. Where, in the determination of the Board of Supervisors, extraordinary conditions or circumstances exist, or the magnitude of the resubdivision meets or exceeds the threshold for the impact studies required under § 22-306, the applicant shall be required to submit such impact studies.

2. In the resubdivision of land, the following shall be observed:

A. Parcels of land may be divided so long as they are made a part of adjoining land and no lot or tract of land results that is smaller than the minimum dimensions required by the Township Zoning Ordinance [Chapter 27].

B. Reserved drainage easements shall not be changed.

C. No lot shall be created which does not abut a street.

D. The character of the area shall be maintained.

§ 22-309 Subdivision and Land Development Agreement.

[Ord. 179, 8/8/2011, § I]

1. The applicant 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, at a minimum, 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, street 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 these improvements are required as conditions of approval.

B. The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in § 22-310, Subsection 3, of this chapter.

C. The applicant agrees to execute a deed of dedication, that shall be prepared by the Township Solicitor, for such streets and for such 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 to the Township Engineer and Township Solicitor.

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 also to record with the plan, a copy of an agreement made with the Board on behalf of himself and his heirs and assigns, and signed by him, and which shall establish the conditions under which the street may later be offered for dedication, and shall stipulate among other things:

(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 the undedicated streets be stipulated and be set forth in recorded deed restrictions or homeowner association documents 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, restore the streets to conformance with Township specifications.

§ 22-310 Performance Guarantees.

[Ord. 179, 8/8/2011, § I]

1. The applicant shall deposit with the Township financial security in an amount sufficient to cover the costs of all required improvements or common amenities including, but not limited to, streets, roads, curbs, gutters, walkways, street lights, fire hydrants, street trees, stormwater management facilities, recreational facilities, open space improvements, buffer or screen plantings, and public water mains, storm sewers, and sanitary sewers. Financial security related to public sewers shall be provided to the Sewer Authority. Compliance by the developer with the regulations set forth in the Stormwater Management Ordinance [Chapter 9], and the construction and installation of stormwater management facilities required under Chapter 9, are required improvements for purposes of this chapter and § 509 of the MPC.

2. When requested by the developer, in order to facilitate financing, the Board of Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Board; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

[Amended by Ord. No. 2021-251, 11/8/2021]

3. 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, or such other type of financial security which the Township may, in 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 and stipulates that it will submit to Pennsylvania jurisdiction and Chester County venue in the event of legal action.

4. The said financial security shall provide for, and secure to the public, the completion of any improvements for which such security is being posted on or before the date fixed in the approved subdivision plan and development agreement for completion of such improvements.

5. The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the ninetieth-day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals the said 110%. Any additional security shall be posted by the developer in accordance with this section.

6. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of such engineer shall be paid equally by the Township and the applicant or developer.

7. If the party posting the financial security requires more than one year from the date of posting 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.

8. In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stages of development, subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

9. 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 to the Board of Supervisors, 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 or, if the Board fails to act within said forty-five-day period, the Board shall be deemed to have approved the release of funds as requested. 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. 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 the aforesaid improvements.

§ 22-311 Commencement of Development.

[Ord. 179, 8/8/2011, § I]

1. No construction or land disturbance activities, with the exception of soil or percolation testing, test well drillings or similar engineering or surveying activities, shall be commenced until the final plan is recorded and a copy of the recording receipt issued by the Chester County Recorder of Deeds is submitted to the Township.

2. No application for a building permit under the Zoning Ordinance [Chapter 27] shall be submitted and no building permit shall be issued for any building in any subdivision or land development until the final plans for the said subdivision or land development have been approved, the final plan has been recorded and all of the terms and conditions of §§ 22-305, Subsection 2E, and 22-307 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 lot for which a grading plan is required until this condition has been satisfied.

[Amended by Ord. No. 2021-251, 11/8/2021]

3. 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 or from federal or local agencies, as required.

§ 22-312 Plan Amendments.

[Ord. 179, 8/8/2011, § I]

Any proposed modification or amendment to an approved preliminary or final plan shall be reviewed by the Board of Supervisors, which may, in its discretion, depending upon the nature and extent of the changes requested, (A) accept or deny the modification by an amendment to the resolution granting preliminary or final plan approval, subject to such conditions as the Board may require, or (B) direct that the applicant submit revised plans for the proposed modification to the Planning Commission for full plan review and reprocessing in the same manner as the original plan. All site disturbance activities shall cease pending review and approval of plan modifications by the Board of Supervisors.