[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:
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.
[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.
[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, 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.
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.
[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."
(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.
[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; 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.
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.
[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:
(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.
(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.
[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.
[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.
[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.
[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.
[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.
[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.