[Ord. 621, 11/24/1987]
Hereafter, subdivision and land development plans shall be reviewed by the Borough Planning Commission, the County Planning Commission and other Borough, state, or county officials as deemed necessary and shall be approved or disapproved by the Borough Council in accordance with the procedures specified in this Part and in other Parts of this chapter.
[Ord. 621, 11/24/1987]
1. 
All subdivision and land development 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 Proposal.
(1) 
Definition.
(a) 
No public improvement is intended for dedication.
(b) 
No land disturbance activities will take place except those incidental to construction of a single-family dwelling on a single lot.
(c) 
No more than five lots are proposed.
(d) 
No further subdivision can occur within the resulting lots.
(e) 
Lot line adjustments where no development is proposed.
(2) 
Procedure.
(a) 
Sketch plan (optional).
(b) 
Final plan.
B. 
Major Subdivision and All Land Development Proposals.
(1) 
Definition.
(a) 
Any land development proposal.
(b) 
Any proposal involving public improvements intended for dedication.
(c) 
Land disturbance activities requiring permanent stormwater management facilities.
(d) 
A subdivision in excess of five lots.
(2) 
Procedure.
(a) 
Sketch plan (optional).
(b) 
Preliminary plan.
(c) 
Final plan.
[Ord. 621, 11/24/1987; as amended by Ord. 805, 10/15/2007, § 1]
1. 
All applicants for subdivision or land development are encouraged to submit a sketch plan for review prior to preparing formal applications.
2. 
A sketch plan for any proposed subdivision of land located within the Borough is to be submitted to the Borough Planning Commission for review. Sketch plans shall comply with the requirements of § 22-501.
3. 
Sketch plans are submitted as a basis for informal discussion between the Borough Planning Commission and the subdivider, and submission of a sketch plan shall not constitute official submission of a plan except in the case of minor subdivisions.
4. 
Submission. The subdivider is encouraged to submit five black-on-white or blue-on-white prints on paper of the sketch plan to the Subdivision Code Enforcement Officer. The Subdivision Code Enforcement Officer will distribute the copies as follows:
A. 
Two copies to the Secretary of the Borough Planning Commission.
B. 
One copy to the County Planning Commission.
C. 
One copy to the Borough Engineer.
D. 
One copy retained for the permanent files and use of the Borough Council.
5. 
At a regular or special meeting, the Borough Planning Commission shall review the sketch plan to determine its conformance to the requirements of this chapter and suggest any modifications of the plan which are deemed advisable and necessary to secure conformance to the applicable regulations of this chapter.
6. 
Within seven calendar days after the meeting at which the sketch plan is reviewed by the Borough Planning Commission, the Planning Commission Secretary shall send the following people written notice of the Planning Commission's recommended modifications in the sketch plan and may list prerequisites to review of the preliminary plan by the Borough Planning Commission:
A. 
The Borough Council.
B. 
The subdivider or his agent.
C. 
The Borough Engineer.
7. 
The applicant may, but need not, request further review of the sketch plan by the Council. Upon receiving written request by the applicant, the Council may consider the sketch plan. The Council may meet with the applicant and may advise the applicant as to the concerns of Council; provided, however, that the Council is not required to review the sketch plan nor to submit comments to the applicant if the Council does review the plan.
[Ord. 621, 11/24/1987; as amended by Ord. 636, 2/23/1989, § 1-6; by Ord. 805, 10/15/2007, § 1; and by Ord. 845, 9/12/2011, §§ 1, 2]
1. 
All preliminary plans submitted pursuant to this chapter shall conform to the requirements of § 22-502.
2. 
All preliminary plan applications shall be submitted to the Subdivision Code Enforcement Officer not less than 14 days prior to the next regularly scheduled meeting of the Planning Commission in order to be placed on the agenda of that meeting. The Subdivision Code Enforcement Officer shall determine whether the application represents a complete and official submission, using the following criteria:
A. 
Nine copies of the official Borough application form for preliminary review, one being notarized by an affidavit of ownership and intended use of the land.
B. 
A minimum of 13 prints of the preliminary plan.
C. 
A minimum of 13 copies of all required supporting information and plans.
D. 
Payment of required application fees and escrow deposits as determined by resolution of Council.
3. 
The Subdivision Code Enforcement Officer shall note the date of receipt of the application, fees and any escrow deposits. The application shall not be deemed to be submitted until a complete application and required fees have been submitted.
4. 
Upon receipt of all items comprising a complete and official submission, the Subdivision Code Enforcement Officer shall accept the application and transmit such plans to the following:
A. 
Five copies of the preliminary plan and five copies of the official Borough application form to the Planning Commission.
B. 
Two copies of the preliminary plan and one copy of the official Borough application form to Borough Council.
C. 
One copy of the preliminary plan and official application form to the Borough Engineer.
D. 
One copy of the preliminary plan, county referral form and accompanying fee to the County Planning Commission.
E. 
Two copies of the preliminary plan, module forms and appropriate fee to the County Health Department.
F. 
One copy of the preliminary plan and one copy of the official Borough application form to the Borough Zoning Officer.
G. 
One copy of the preliminary plan and official application form to be retained by the Subdivision Code Enforcement Officer.
[Ord. 621, 11/24/1987; as amended by Ord. 775, 7/18/2005, § 1; and by Ord. 805, 10/15/2007, § 1]
1. 
Official Review Period.
A. 
The Borough shall have 90 days in which to review and take action on the preliminary plan.
B. 
The ninety-day period shall commence on the date of the next regularly scheduled Planning Commission meeting following the date a complete and official submission of a preliminary plan application is filed with the Subdivision Code Enforcement Officer. The applicant shall submit the application not less than 14 days prior to the next regularly scheduled meeting of the Planning Commission in order to be placed on the agenda of that meeting.
C. 
Whenever the next regularly scheduled meeting of the Planning Commission occurs more than 30 days following the filing of a complete and official submission, the said ninety-day period shall be measured from the thirtieth day following the day the application is filed.
D. 
An extension to the ninety-day review period shall occur only when agreed to in writing by both the applicant and Council.
2. 
Borough Planning Commission.
A. 
The Borough Planning Commission shall review any preliminary plan submitted and shall consider any comments and recommendations of the Borough Engineer, the Chester County Planning Commission, and any other reviewing agency submitting comments.
B. 
After such review, the Secretary of the Planning Commission shall, within 15 days following the meeting at which the Planning Commission makes its final review and recommendation, send written notice of its recommendations and the basis of that recommendation to the following:
(1) 
Borough Council.
(2) 
Applicant.
(3) 
Governing body of any adjacent municipality if the proposed project includes land in that municipality or directly abuts its boundaries.
Where the Planning Commission recommends denial of the plan, the written notice shall specify the defects found in the application and describe the requirements which have not been met, and shall, in each case, cite the provisions of the statute or ordinance relied upon.
C. 
The foregoing procedure of the Planning Commission is intended to be directory and not mandatory. Failure of the Planning Commission to follow this procedure shall not be deemed to be a basis for a deemed approval or appeal.
D. 
If the site of a proposed subdivision or land development is located in both Oxford Borough and an adjacent municipality, the applicant shall discuss with the Borough Planning Commission the applicable area and bulk regulations, design standards, and required public improvements on the land subject to the applicant's control in the adjacent municipality. The Planning Commission shall be kept apprised of the status of review and approval of that portion of the plan submitted to the adjacent municipality, including in particular any measures proposed to assure coordinated and compatible site planning of the tract as a whole.
3. 
Borough Council. When a preliminary plan has been submitted to the Borough Council by the Borough Planning Commission, the plan shall be reviewed at the regularly scheduled meeting of the Council or at a special meeting.
A. 
At a regularly scheduled or special meeting, the Borough Council shall review the preliminary plan and the written reports of the Borough Planning Commission, the Borough Engineer, the Borough Zoning Officer and all other reports which may have been received from county and state agencies. The Borough Council shall either approve or disapprove the plan. No official action shall be taken by the Borough Council with respect to a preliminary plan until the Borough has received the written report of the County Planning Commission and the Pennsylvania Department of Transportation.
B. 
In acting on the preliminary subdivision or land development plan, Council shall review the plan and the written comments of the Planning Commission, Borough Engineer, County Planning Commission, and all other reviewing agencies to determine conformity of the application to the standards of this chapter and any other applicable ordinance. Council may specify conditions, changes, modifications or additions to the application which the Council deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications or additions, citing appropriate chapter or ordinance provisions.
C. 
Borough Council shall designate a copy of the preliminary plan as the official copy. This copy shall include all necessary corrections as required by Borough Council. It shall be retained in the Borough files.
D. 
The decision of Council shall be in writing and shall be communicated to the applicant personally or mailed to the applicant not later than 15 days following the decision or by the end of said ninety-day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of Act 247, § 509.6, 53 P.S. § 10509.6.
E. 
The action of the Council may be favorable, approving the plan, or unfavorable, disapproving the application of which the plan forms a part. The findings and reasons upon which the Council's action is based shall be given in writing to the individuals and groups listed in Subsection 2A hereof and stated in the minutes of the meeting at which the Council reviews the plan. When the plan as submitted is not approved, the report shall specify the requirements of this chapter which have not been met and recommend changes which should be made in the plan to secure approval.
F. 
The approval of a preliminary plan does not authorize the recording of the subdivision plan nor the sale or transfer of lots.
G. 
When a preliminary plan has been approved, no subsequent change in the zoning, subdivision, or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within three years from the date of such approval. The terms of such approval shall be construed in light of the provisions of the governing ordinances or plans as they stood at the time approval was given.
4. 
Approval Stipulations. The approval of a preliminary plan shall assure a subdivider that.
A. 
The general layout of streets, lots and other features shown on the preliminary plan is approved and shall be the basis for the preparation of final detailed improvement plans and the final plan, provided that the final plan is submitted within one year of the date of the approval of the preliminary plan or submitted within an extended period of time if such an extension is approved by the Borough Council.
B. 
The general terms and any special conditions under which the approval of the preliminary plan was granted will not be changed. The subdivider should note that a final plan not submitted within one year of the date of approval of a preliminary plan or within an extended period of time, if such an extension is granted by the Borough Council, may be considered a new preliminary plan.
[Ord. 621, 11/24/1987; as amended by Ord. 805, 10/15/2007, § 1]
1. 
Within 12 months after approval of the preliminary plan, a final plan, and all necessary supplementary data shall be officially submitted to the Subdivision Code Enforcement Officer. An extension of time may be granted by the Board where the applicant has successfully demonstrated every effort has been made to comply with this requirement.
2. 
The final plan shall conform to the terms of approval of the preliminary plan and to the most recent administrative regulations adopted by Council for such purposes.
3. 
Borough Council may permit submission of the final plan in sections, each covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plan, but in no case than 20% of the total lots or units as depicted on the approved preliminary plan.
4. 
All final plan applications shall be submitted to the Subdivision Code Enforcement Officer, who shall determine whether the application represents a complete and official submission, using the following criteria:
A. 
One copy of the official Borough application form for final review, notarized by an affidavit of ownership and intended use of the land.
B. 
A minimum of 14 prints of the final plan.
C. 
A minimum of eight copies of all required supporting information and plans.
D. 
Payment of required application fees and escrow deposits as determined by resolution of Borough Council.
5. 
The Subdivision Code Enforcement Officer shall note the date of receipt of the application, fees, and any escrow deposits. The application shall not be deemed to be submitted until a complete application and required fees have been submitted. The applicant shall submit the application not less than 14 days prior to the next regularly scheduled meeting of the Planning Commission in order to be placed on the agenda of that meeting.
6. 
Upon receipt of all items comprising a complete and official submission, the Subdivision Code Enforcement Officer shall accept the application and transmit such plans to the following:
A. 
Two copies to the Borough Planning Commission.
B. 
Six copies to the Borough Council.
C. 
One copy to the Borough Engineer.
D. 
One copy to the County Planning Commission, with County referral form and accompanying fee.
E. 
Two copies to the County Health Department, with module forms and appropriate fee.
F. 
One copy to the Borough Zoning Officer.
G. 
One copy to be retained by the Subdivision Code Enforcement Officer.
7. 
Where the final plan is for minor subdivision, the Subdivision Code Enforcement Officer shall forward copies of the plan to the Planning Commission and County Planning Commission and to the Borough Engineer when deemed appropriate by Borough Council and the Planning Commission.
[Ord. 621, 11/24/1987; as amended by Ord. 775, 7/18/2005, § 2; and by Ord. 810, 12/17/2007]
1. 
Official Review Period.
A. 
The Borough shall have 90 days in which to review and take action on the final plan.
B. 
The ninety-day period shall commence on the date of the next regularly scheduled Planning Commission meeting following the date a complete and official submission of a final plan application is filed.
C. 
Whenever the next regularly scheduled meeting of the Planning Commission occurs more than 30 days following the filing of a complete and official submission, the said ninety-day period shall be measured from the thirtieth day following the day the application is filed.
D. 
An extension to the ninety-day review period shall occur only when agreed to in writing by both the applicant and the Council.
2. 
Borough Planning Commission.
A. 
The Borough Planning Commission shall review any final plan submitted and shall consider any comments and recommendations of the Borough Engineer, the Chester County Planning Commission, and any other reviewing agency submitting comments.
B. 
After such review, the Secretary of the Planning Commission shall, within 15 days following the meeting at which the Planning Commission makes its final review and recommendation, send written notice of its recommendation and the basis of that recommendation to the following:
(1) 
Borough Council.
(2) 
Applicant.
(3) 
Governing body of any adjacent municipality if the proposed project includes land in that municipality or directly abuts its boundaries.
Where the Planning Commission recommends denial of the plan, the written notice shall specify the defects found in the application and describe the requirements which have not been met, and shall, in each case, cite the provisions of the statue or ordinance relied upon.
C. 
The foregoing procedure of the Planning Commission is intended to be directory and not mandatory. Failure of the Planning Commission to follow this procedure shall not be deemed to be a basis for a deemed approval or appeal.
D. 
If the site of a proposed subdivision or land development is located in both Oxford Borough and an adjacent municipality, the applicant shall discuss with the Borough Planning Commission the applicable area and bulk regulations, design standards, and required public improvements on the land subject to the applicant's control in the adjacent municipality. The Planning Commission shall be kept apprised of the status of review and approval of that portion of the plan submitted to the adjacent municipality, including in particular any measures proposed to assure coordinated and compatible site planning of the tract as a whole.
3. 
Borough Council.
A. 
Upon receipt of the Planning Commission's recommendation and other supporting information, Council shall, at one or more regular or special public meetings, review the final plan and shall, within the time limitations set forth hereinbelow, either approve or disapprove the plan. Notwithstanding the foregoing procedure, Council shall render a decision on all final plans and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the thirtieth-day following the day the application has been filed.
B. 
Borough Council shall designate one print of the final plan as the official copy. This copy shall include all corrections required by the Borough Council. It shall be retained in the Borough files.
C. 
The decision of Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision or by the end of the said ninety-day period, whichever shall first occur.
D. 
Copies of the final plan as finally approved, with the appropriate endorsement of Council and the Borough Engineer, shall be distributed as follows:
(1) 
At least four copies, three of which shall be recorded in accordance with § 22-201, to the applicant.
(2) 
One copy to the County Planning Commission.
(3) 
Two copies to be retained in the Borough files, together with one copy of all supporting materials.
4. 
Every final plan approval shall be subject to the following conditions:
A. 
The applicant shall execute a subdivision and land development agreement in accordance with § 22-410, agreeing with the Borough to install all the improvements as required by this chapter and all regulations adopted pursuant hereto.
B. 
The applicant shall provide a performance guaranty in accordance with § 22-411.
C. 
The applicant agrees, if requested, to tender a deed of dedication to the Borough for such streets, any and all easements for sanitary sewers, waterlines, or storm sewers and public improvements, including street paving, sidewalks, shade 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 Borough Engineer. Borough Council may require that the applicant supply a title insurance certificate from a reputable company before any property is accepted for the Borough.
D. 
Whenever the applicant is providing open space as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the applicant and the Borough or an organization acceptable to the Borough and shall run to the benefit of the Borough and lot purchasers in the subdivision or land development.
E. 
The applicant shall have applied for all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as Pennsylvania Departments of Transportation and Environmental Protection, Public Utility Commission and County Health Department.
[Ord. 621, 11/24/1987]
1. 
Upon completion of the procedures outlined under this Part, all endorsements shall be indicated on the record plan and on as many other copies of the final plan as may be desired. No subdivision plan may be legally recorded unless it bears the seal of the Borough.
2. 
After endorsement by Borough Council, the applicant shall file the record plan with the County Recorder of Deeds within 90 days of the date of final approval by the Borough. If the subdivider fails to record the final plan within such period, the action of the Borough shall be null and void unless an extension of time is granted in writing by the Borough upon written request by the applicant.
3. 
Where a major proposal, as defined by this chapter, is involved, the documentation outlined under § 22-410, Subsection 1D, shall also be recorded with the plan.
[Ord. 621, 11/24/1987]
1. 
All applications for resubdivision shall be classified as minor subdivision proposals and shall follow the final plan review procedures outlined under § 22-407.
2. 
All resubdivision plan applications shall be submitted to the Subdivision Code Enforcement Officer, who shall determine whether the application represents a complete and official submission, using the following criteria:
A. 
One copy of the official Borough application form for resubdivision review, notarized by an affidavit or ownership and intended use of the land.
B. 
Five prints of the resubdivision plan.
C. 
Payment of required application fees as determined by resolution of Borough Council.
3. 
In making any alterations, the following shall be observed:
A. 
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by the Borough Zoning Ordinance [Chapter 27].
B. 
Easements reserved for drainage 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. 621, 11/24/1987]
1. 
The applicant shall execute an agreement, to be approved by the Borough, pending the review of the Borough Solicitor, before the final plan is released by Borough Council and filed on record. Said agreement shall specify the following, where applicable:
A. 
The applicant agrees that he will lay out and construct all streets and other public improvements, including grading, paving, sidewalks, fire hydrants, water mains, 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 Borough, as specified in § 22-411, Subsection 2.
C. 
The applicant agrees to have prepared a deed(s) of dedication to the Borough for such streets and for such easements for sanitary and storm sewers, sidewalks and other public improvements, provided that the Borough shall not accept dedication of such improvements until their completion is certified as satisfactory to the Borough Engineer.
D. 
Whenever an applicant proposes to establish or continue a street which is not offered for dedication to public use, Borough Council shall require the applicant to submit, and also to record with the plan, a copy of an agreement made with Council on behalf of himself and his heirs and assigns and signed by him 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 Borough shall not be responsible for repairing or maintaining any undedicated streets.
(3) 
That the method of assessing repair and maintenance costs of undedicated streets be stipulated and be set forth in recorded deed restrictions so as to be binding on all successors or assigns.
(4) 
That, if dedication is to be sought, the street shall conform to Borough specifications or that the owners of the abutting lots shall, at their own expense, restore the street to conformance with Borough specifications.
[Ord. 621, 11/24/1987]
1. 
The applicant shall deposit with the Borough financial security in an amount sufficient to cover the cost of all improvements, both public and private, and common amenities, including but not limited to streets, walkways, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings, water mains and other water supply facilities, fire hydrants and sanitary sewage disposal facilities.
2. 
Financial security required herein shall be in the form of a federal or commonwealth chartered lending institution irrevocable letter of credit and restrictive or escrow account in such institution or with a financially responsible bonding company or such other type of financial security as the Borough 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.
3. 
The said financial security shall provide for and secure to the public the completion of all subdivision improvements for which such security is being posted within one year of the date fixed in the subdivision plan and subdivision agreement for completion of such improvements.
4. 
The amount of financial security shall be equal to 110% of the cost of the required improvements for which financial security is to be posted. The cost of the improvements shall be established by:
A. 
Submission to Borough Council of bona fide bid or bids from the contractors chosen by the party posting the financial security to complete the improvements.
B. 
In the absence of such bona fide bids, the costs shall be established by estimate prepared by the Borough Engineer.
5. 
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security shall be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one year period by using the above bidding procedure.
6. 
In the case where development is projected over a period of years, Borough Council may authorize submission of final plans by section or stage of development, subject to such requirements or guaranties as to improvements in the future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
7. 
As the work of installing the required improvements proceeds, the party posting the financial security may request Borough Council 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 Borough Council, and Council shall have 45 days from the receipt of such request within which to allow the Borough Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Council shall authorized release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the improvements completed. The Borough 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 Council his independent evaluation of the proper amount of partial releases. Borough Council may, prior to final release at the time of completion and certification by the Borough Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
[Ord. 621, 11/24/1987; as amended by Ord. 810, 12/17/2007]
1. 
No construction or land disturbance activities, with the exception of soil or percolation testing, well drillings or similar engineering or surveying activities, shall be commenced until the applicant submits to the Subdivision Code Enforcement Officer a copy of the Recorder of Deeds' receipt for recording of the final plan.
2. 
No application for a building permit under the Borough Zoning Ordinance shall be submitted and no building permit under the Borough Zoning Ordinance shall be issued for any building in any subdivision or land development until the final plan for the said subdivision or land development has been approved and recorded as provided for in § 22-408 and until the terms of § 22-410 have been satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been complied with.
3. 
No water system or sewer system, including extensions to existing or proposed Borough systems or new systems employing sewage treatment plants, shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Protection or from federal or local agencies, as required.
[Ord. 621, 11/24/1987]
Major modifications of the approved plan, as determined by the Borough, shall be resubmitted and reprocessed in the same manner as the original plan. All site disturbance activities shall cease pending approval of modified plans.