[Ord. 5/3/1982, § 300]
Whenever any subdivision or land development is proposed, and before any permit for the erection of a structure shall be granted, the landowner or developer shall apply for and obtain approval of such proposed subdivision or land development in accordance with the procedures set forth herein for a preliminary plan and a final plan. Whenever a conditional use permit or special exception is required by the Zoning Ordinance [Chapter 27] for any use proposed or inherent in any proposed subdivision and/or land development, all applications therefore shall be filed and all plans, documents and other submissions required to accompany same shall be filed with the Township at the same time of filing for review of a preliminary plan for subdivision and/or land development. Further, whenever the landowner or developer opts to do so, a sketch plan may be submitted in accordance with the procedures for same set forth herein.
[Ord. 5/3/1982, § 301]
1.
A sketch plan for any proposed subdivision and/or
land development may, at the option of the landowner or developer,
be submitted to the Township Planning Commission for review. The submission
of a sketch plan does not constitute submission of an application
for approval of a subdivision and/or land development plan. However,
it does represent a basis for an informal discussion between the Planning
Commission and the landowner or developer which may provide to be
valuable to the prospective applicant in formulating plans, documents
and other submissions for preliminary plan approval. In the event
that the landowner or developer submits a sketch plan, the following
shall apply:
A.
Eleven copies of the sketch plan may be submitted
to the Township Secretary to be distributed as follows:
(1)
One copy shall be retained by the Township Secretary
for Township files.
(2)
One copy shall be forwarded to the Township
Engineer for review and comment.
(3)
One copy shall be forward to the planning consultant
for review and comment.
(4)
Eight copies shall be forwarded to the Planning
Commission Secretary, one of which shall be retained for Planning
Commission files and seven of which shall be used for informal review
and discussion purposes by the Planning Commission.
B.
In addition to furnishing copies of the sketch plan,
the landowner or developer shall identify the name, address and telephone
number of the holder of legal title to the land involved, the nature
of the landowner's interest in the land (whether holder of legal or
equitable title or otherwise), the name, address and telephone number
of the agent, if any. Such information shall be provided in writing.
C.
The sketch plan shall be submitted at least 14 days
prior to the regular monthly public meeting of the Township Planning
Commission at which the plan will be reviewed. Within this time period,
the Township Engineer will submit review comments on said plan by
letter or memorandum to the Secretary of the Planning Commission.
D.
The Planning Commission shall review the sketch plan
with the landowner or developer if such person attends the regular
monthly public meeting of the Planning Commission. In the event such
person does not attend said meeting, the Planning Commission Secretary
shall indicate any and all review comments pertaining to the plan
to the landowner or developer by written correspondence.
E.
The Planning Commission's review shall take into consideration the requirements of this chapter and all other Township ordinances, codes, regulations, plans and maps and pay particular attention to the following: the arrangement, size and location of lots and proposed structures if any; drainage; the relation of the subdivision and/or land development to the natural features of the site; the potential further development of adjoining lands which may not yet be subdivided; the compatibility of the sketch plan with the Comprehensive Plan; and, the requirements set forth in Part 4 pertaining to the sketch plan submission.
[Ord. 5/3/1982, § 302; as amended by
Ord. 49-1984, 12/3/1984, §§ I, II, III; and by Ord. 102-2002,
8/5/2002, § 2]
1.
The preliminary subdivision and/or land development
plan shall be prepared in accordance with the requirements set forth
in Part 4 pertaining to preliminary plan filing or submission. When
a preliminary plan is filed the following shall apply:
A.
The applicant shall complete and sign the application
form provided by the Township and shall accompany such application
form with the type and number of plans, documents and other submissions
required and the appropriate filing fee(s). The applicant must identify
the name, address and telephone number of the record holder of legal
title to the land involved (if different from the applicant), the
nature of the applicant's interest in the land (whether holder of
legal or equitable title or otherwise), and the name, address and
telephone number of the agent, if any. No application shall be deemed
filed unless all requirements have been met and all fees therefore
paid in full.
B.
The applicant shall submit not fewer than 20, or such
other number as may be determined by resolution of the Board of Supervisors
from time to time, prints of the plans forming preliminary plan, and
one compact disc (CD) in a PDF format, and the same number of neatly
bound, clear and legible copies of all required documents and other
submissions shall be submitted to the Township Secretary to be distributed
along with copies of the application form as follows:
[Amended by Ord. 2015-196, 12/7/2015]
(1)
One copy of the application form and one copy of the plan(s)
and profiles shall be retained by the Township Secretary for Township
files. In addition, one compact disc (CD) in a PDF format shall be
retained by the Township Secretary for the purpose of making additional
copies (the cost thereof nevertheless to be charged against the application
fee).
(2)
One copy of the application form and one copy
of the plan(s), documents and other submissions shall be forwarded
to the Township Engineer for review and comment.
(3)
Five copies of the application form, plan(s),
documents and other submissions shall be forward to the Board of Supervisors,
one for each member.
(4)
One copy of the application form and one copy
of the plan(s), documents and other submissions shall be forwarded
to the planning consultant for review and comment.
(5)
Eight copies of the plan(s), documents and other
submissions and one copy of the application form shall be forwarded
to the Planning Commission Secretary, one of each shall be retained
for Planning Commission files and seven copies shall be used for review
purposes by the Planning Commission.
(6)
One copy of the plan(s), documents and other
submissions and one copy of the application form shall be forwarded
to the Chester County Planning Commission for review and comment.
(7)
One copy of the plan(s), documents and other
submissions and one copy of the application form shall be forwarded
to the Chester County Health Department for review and comment.
(8)
One copy of the plan(s), documents and other
submissions and one copy of the application form shall be forwarded
to the Chester County Soil and Water Conservation District for review
and comment.
(9)
Other copies of the plan(s), documents and other
submissions shall be distributed as may be directed by the Board of
Supervisors.
C.
The preliminary plan and application for subdivision
and/or land development shall be submitted at least 21 days prior
to the regular monthly public meeting of the Township Planning Commission
at which the preliminary plan is to be reviewed. Within this time
period, the Township Engineer and the planning consultant will submit
review comments on said plan by letter or memorandum to the Secretary
of the Planning Commission with copies to the Township Secretary,
the Board of Supervisors and the Chairman of the Township Planning
Commission. The applicant shall notify the abutting property owners
that a preliminary plan proposed for the subject tract has been filed.
Such notification shall occur at least 10 days prior to the aforementioned
meeting. Evidence of such notification shall be presented to the Planning
Commission at said meeting.
D.
The Planning Commission shall review the preliminary
plan at its regular monthly public meeting and discuss the plan(s)
with the applicant to determine if the plan meets the regulations
and standards set forth in this chapter and the other Township ordinances,
codes, regulations, plans and maps. The Planning Commission shall
submit its report to the Board of Supervisors for consideration at
the next regularly scheduled meeting of the Board following the completion
of the Planning Commission's review. A copy of said report will also
be given to the applicant.
E.
During the course of the Planning Commission's review of the preliminary plan and prior to any action by the Board of Supervisors within the required ninety-day time period, the preliminary plan may be revised by the applicant. The applicant shall submit the same number of revised plans and sepia prints and other submissions, and shall note the dates of any and all revisions and a summary of the nature thereof. Upon submission of the reviewed preliminary plan, (which shall not be comprised of any plans, documents or other submissions theretofore submitted, unless the Planning Commission specifies to the contrary), the applicant shall sign a statement withdrawing any previously submitted preliminary plan from consideration and shall stipulate that a new ninety-day time period shall commence from the date of the Planning Commission's meeting next following the filing of the revised preliminary plan. The revised preliminary plan shall be submitted to the Township Secretary at least 14 days prior to a regular monthly public meeting of the Planning Commission. The revised preliminary plan shall be distributed by the Township Secretary on the basis as set forth in § 22-303, Subsection 1B, herein.
F.
After a report on the preliminary plan has been submitted
to the Board of Supervisors by the Planning Commission, the Board
shall place such preliminary plan on its agenda for review and action.
G.
Before acting on any preliminary plan, the Board of
Supervisors or the Planning Commission may hold a public hearing thereon
after public notice.
H.
In acting upon the preliminary plan, the Board shall
review the report and/or written comments of the Planning Commission,
Township Engineer, planning consultant and County agencies, and comments
from public hearings, if any, to determine its conformance to this
chapter and all other Township ordinances, codes, regulations, plans
and maps. The Board may modify any subdivision or land development
plan requirement upon the recommendations of the Planning Commission,
and may specify conditions, changes or additions thereto, which it
deems necessary. Further, the Board may make its decision to grant
approval of a preliminary plan subject to conditions, changes or additions;
in the case where the Planning Commission has concluded that the preliminary
plan meets all requirements of a final plan, then upon the recommendation
of the Planning Commission the Board of Supervisors may consider the
preliminary plan as a final plan and may act thereupon accordingly.
I.
The Board of Supervisors shall render a decision on
every preliminary plan and communicate it to the applicant not later
than 90 days following the date of the regular monthly public meeting
of the Planning Commission next following the date a complete application
is filed; provided, that should the Planning Commission meeting occur
more than 30 days following the filing of such application, the said
ninety-day period shall be measured from the thirtieth day following
the day the complete application has been filed.
J.
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to the applicant at the address shown on the application form
not later than 15 days following the decision, or at the end of the
above-mentioned ninety-day period, whichever shall occur first.
K.
In the event the preliminary plan is not approved
in terms as filed, the decision shall specify the defects found in
the preliminary plan for subdivision and/or land development and describe
the requirements which have not been met and shall, in each case,
cite to the provisions of the statute or ordinance relied upon.
[Ord. 5/3/1982, § 303; as amended by
Ord. 49-1984, 12/3/1984, § IV; and by Ord. 102-2002, 8/5/2002,
§ 2]
1.
The final subdivision and/or land development plan
shall be prepared in accordance with the requirements set forth in
Part 4 pertaining to final plan submission. When a final plan is filed
the following shall apply:
A.
Within one year after the date of approval of the
preliminary plan, the applicant shall file a final plan and all supplementary
information, data and documents together with a completed and signed
application form provided by the Township and the appropriate filing
fees. No such application shall be deemed filed unless all requirements
have been met and all fees therefore paid in full.
B.
Unless an extension of time has been granted by the
Board of Supervisors upon written request of the applicant, a final
plan filed after the one-year period shall be considered a new preliminary
plan which shall be required to comply with all preliminary plan application
procedures and requirements of this chapter, and shall be subject
to a preliminary plan application fee.
C.
The Board of Supervisors may authorize submission
of the final plan in sections, each covering approximately one-third
of the entire area proposed for subdivision and/or land development
or one-third of the number of buildings or other structures proposed
for land development as shown on the approved preliminary plan; provided,
that the first final plan section shall be submitted within the aforementioned
one-year period, and the last final plan section shall be submitted
within three years after the date of preliminary plan approval.
D.
The final plan shall conform in all respects to the
preliminary plan as previously reviewed, and to which approval was
granted, or the plan shall be considered as a new preliminary plan.
E.
The applicant shall submit 20 copies, or such other number as may be determined by resolution by the Board of Supervisors from time to time, of the plans, documents and other submissions comprising the final plan, and one compact disc (CD) in a PDF format, which shall be filed with the Township Secretary, who shall distribute copies of the final plan along with copies of the application form to those who also received the preliminary plan as set forth in § 22-303, Subsection 1B herein, provided that the required fees and financial security associated with the completion guarantee have been filed therewith.
[Amended by Ord. 2015-196, 12/7/2015]
(1)
One copy of the plan(s), documents and other
submissions and one copy of the application form shall be forwarded
to the Chester County Soil and Water Conservation District for review
and comment.
F.
The final plan with the application for subdivision
and/or land development shall be submitted at least 21 days prior
to the regular monthly public meeting of the Township Planning Commission
at which the final plan is to be reviewed. Within this time period,
the Township Engineer and the planning consultant will submit review
comments on said plan by letter or memorandum to the Secretary of
the Planning Commission with copies to the Township Secretary, the
Board of Supervisors and the Chairman of the Township Planning Commission.
G.
The Planning Commission shall review the final plan
at their regular monthly public meeting and discuss the final plan
with the applicant to determine if the plan meets the regulations
and standards set forth in this chapter and the other Township ordinances,
codes, regulations, plans or maps. The Planning Commission shall promptly
submit its report to the Board of Supervisors for consideration at
the next regularly scheduled meeting of the Board following the completion
of the Planning Commission's review. A copy of the report will also
be given to the applicant.
H.
During the course of the Planning Commission's review of the final plan and prior to any action by the Board of Supervisors within the required ninety-day period, the final plan may be revised according to the procedure set forth in § 22-303, Subsection 1E, herein, and a new ninety-day review period will begin as also set forth in § 22-303, Subsection 1E.
I.
After a report on the final plan has been submitted
to the Board of Supervisors by the Planning Commission, the Board
shall place such final plan on its agenda for review and action.
J.
Before acting on any final plan, the Board of Supervisors
or the Planning Commission may hold a public hearing thereon after
public notice.
K.
In acting upon the final plan, the Board shall review
the report and/or written comments of the Planning Commission, Township
Engineer, planning consultant and County agencies, and comments from
public hearings, if any, to determine its conformance to all Township
ordinances, codes, regulations, plans and maps and either approve
or disapprove the final plan.
L.
The Board of Supervisors shall render a decision on
the final plan and communicate it to the applicant not later than
90 days following the date of the regular monthly public meeting of
the Planning Commission next following the date the complete application
was filed; provided, that should the said Planning Commission 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 complete application has been filed.
M.
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to the applicant at the address shown on the application form
not later than 15 days following the decision, or at the end of the
above-mentioned ninety-day period, whichever shall occur first.
N.
In the event the final plan is not approved in terms
as filed, the decision shall specify the defects found in the final
plan and describe the requirements which have not been met and shall,
in each case, cite to the provisions of the statute or ordinance relied
upon.
O.
In the event the final plan is approved, it shall
be signed by the following individuals:
(1)
An engineer or surveyor employed by the applicant,
certifying that the monuments shown thereon exist as located, and
that all dimensions, topographic details and other plan information
are correct.
(2)
The applicant, signifying his or her acceptance
of the final plan approval.
(3)
The Township Engineer, signifying that he has
examined the final plan and that it conforms to all Township ordinances,
codes, regulations, plans and maps.
(4)
Three of the Supervisors, signifying the approval of the final
plan by the Board of Supervisors.
[Amended by Ord. 2015-196, 12/7/2015]
(5)
Three of the Planning Commission members, signifying
the review of the plan by the Planning Commission.
P.
When properly signed, the Township Secretary shall
distribute seven copies of the final plan on behalf of the Board of
Supervisors as follows:
(1)
Two copies shall be returned to the applicant,
together with an executed copy of the subdivision agreement.
(2)
Two copies shall be forward to the applicant for recording purposes in accordance with § 22-306 herein.
(3)
One copy to the Secretary of the Township Planning
Commission.
(4)
One copy to the County Planning Commission.
(5)
One copy shall be retained by the Township Secretary.
Q.
Approval of the final plan shall constitute approval of the subdivision and/or land development as to the character and intensity, the arrangement and approximate dimension of the streets, lots and other proposed features, but shall not authorize the sale or transfer of lots, or the development of land until construction is permitted to commence in accordance with § 22-307 herein. Nor shall such approval constitute a waiver or release, or assumption, by the Township of any requirements of any Township ordinances, codes, regulations, plans or maps.
R.
Every final plan approval shall be subject to the
following conditions:
(1)
The applicant shall execute a subdivision and land development agreement in accordance with § 22-305 herein.
(2)
The applicant shall execute a completion guarantee
in accordance with Part 4 herein, where deemed applicable by the Board
of Supervisors.
(3)
The applicant shall tender a deed of dedication
to the Township, if requested by the Board of Supervisors, for public
improvements, easements and other appurtenances and improvements thereto,
after such improvements are completed and such completion is certified
as being satisfactory by the Township Engineer.
(4)
The filing with the Township copies of all required
permits, approvals, agreements, clearances and the like from all required
governmental agencies (such as the Pennsylvania Department of Transportation,
the Pennsylvania Department of Environmental Protection, and/or the
Chester County Health Department), authorities (such as the Valley
Forge Sewer Authority) and companies (such as the Philadelphia Suburban
Water Company or pipeline easement holders.)
[Ord. 5/3/1982, § 304]
1.
Every applicant who seeks to obtain final plan approval shall execute an agreement upon a form to be provided and approved by the Township before the final plan is signed by the Board of Supervisors, and filed and recorded in accordance with §§ 22-304, Subsection 1P, and 22-306 herein, respectively. The agreement shall specify the following, where applicable:
A.
The applicant agrees that he will accurately lay out and property construct all improvements and fulfill all practices according to the plans, profiles, notes and other forms of documentation filed as part of the final plan as approved, where any or all of these improvements or practices are required as conditions of approval; and, that the applicant will file an as-built plan in accordance with § 22-308 herein to confirm same.
B.
The applicant shall complete the improvements and engage in the practices as referenced in Subsection 1A herein within the time or times specified by the Board of Supervisors, and in accordance with § 22-307 herein.
C.
The applicant guarantees completion and maintenance
of all improvements by means of acceptable forms of financial security
to the Township as set forth in Part 6 herein.
D.
The applicant agrees to tender a deed of dedication
to the Township if requested by the Board of Supervisors for public
improvements, easements and other appurtenances and improvements thereto,
except that the Township shall not accept any offer of dedication
of same by ordinance or resolution until their completion is certified
as being satisfactory by the Township Engineer.
E.
The applicant shall pay the Township all of its costs
in connection with snow removal from the streets in the subdivision
or land development that are to be offered for dedication until such
time as such dedication is duly accepted by the Board of Supervisors.
F.
The applicant shall pay the Township all of its costs
in connection with snow removal from the streets in the subdivision
or land development that are to be offered for dedication until such
time as such dedication is duly accepted by the Board of Supervisors.
G.
The applicant, in the event that any proposed street
not be intended to be offered for dedication or not accepted by the
Board of Supervisors, accept stipulations which shall be noted on
the final plan, such as the following:
(1)
The Township shall not be responsible for repairing
or otherwise maintaining any undedicated streets.
(2)
The method of assessing repair and maintenance
costs of undedicated streets shall be established in recorded deed
restrictions so as to be binding on all successors, assigns or grantees.
(3)
If dedication be sought at any time, the street
shall conform in its entirety to Township design standards for same
in all respects; or, that the owners of the lots shown on the approved
plan, at their own expense, restore the street to conform with or
otherwise render the streets in conformance with such standards.
H.
The applicant agrees to pay the recreation fee-in-lieu amount, as
applicable.
[Added by Ord. 2015-196, 12/7/2015]
I.
The applicant agrees to pay the transportation impact fee amount,
as applicable.
[Added by Ord. 2015-196, 12/7/2015]
[Ord. 5/3/1982, § 305]
1.
Within 90 days after the applicant executed the subdivision
and land development agreement and the completion guarantee, as set
forth in Part 6 herein, the applicant shall thereupon cause two copies
of the final plan to be recorded in the Office of the Recorder of
Deeds in and for the County of Chester, Pennsylvania, and shall notify
the Board of Supervisors in writing certified mail, return receipt
requested, of the date of such recording, and the plan book and page
in which the same has been recorded. Should the plan not be recorded
within such period, the action of the Board of Supervisors in approving
the final plan shall be null and void.
2.
The final plan to be recorded shall be an exact counterpart
of the approved final plan prepared in accordance with the provisions
of this chapter and shall be filed with the Recorder of Deeds before
proceeding with the sale of lots or construction of buildings or other
structures, or improvements.
[Ord. 5/3/1982, § 306]
1.
Upon filing with the Township of a copy of the Recorder
of Deeds receipt for the recording of the final plan, the Township
Secretary shall issue a subdivision and land development permit to
the applicant. No construction shall be commenced until the subdivision
and land development permit has been issued by the Township along
with any other Township permits, when applicable, such as an erosion,
sedimentation and grading control permit, a road opening permit, and/or
a building permit.
2.
No construction shall be commenced until the applicant files with
the Township Secretary all permits, approvals, clearances and the
like from government agencies (such as the Pennsylvania Department
of Transportation, the Pennsylvania Department of Environmental Protection,
and/or the Chester County Health Department), authorities (such as
the Valley Forge Sewer Authority) and companies (such as the Aqua,
PA or pipeline easement holders).
[Amended by Ord. 2015-196, 12/7/2015]
3.
The applicant shall commence construction within three
years from the approval date of the final plan, and unless such construction
shall have started and not been abandoned, the final plan shall be
null and void, and the approval therefore granted shall, at the expiration
of such three-year period, be revoked without further action.
[Ord. 5/3/1982, § 307; as amended by
Ord. 2015-196, 12/7/2015]
After final plan approval and upon completion of all required improvements, the applicant shall submit an as-built plan prepared by an engineer or surveyor showing the location, dimension and elevation of all improvements in accordance with §§ 22-407 and 22-604 herein. Said plan shall indicate that the resultant grading, drainage, and sedimentation and erosion control practices are in conformance with the previously approved drawings and specifications. Said plan shall note any and all deviations from the previously approved drawings and specifications. Three copies of the as-built plan shall be filed with the Township, which shall distribute one copy to the Board of Supervisors, one to the Township Engineer, and one to the Secretary of the Township Planning Commission, as well as one compact disc (CD) in a PDF format.
[Ord. 5/3/1982, § 308; as added by Ord.
102-2002, 8/5/2002, § 2]
