[Ord. 5/3/1982, § 700]
All proposed subdivisions or land developments shall be coordinated and planned so as to be compatible with adjoining or nearby neighborhoods or approved subdivisions or land developments to the end that harmonious development will result. Such coordination shall also pertain to subdivisions or land developments located adjacent to neighboring townships.
[Ord. 5/3/1982, § 701]
Upon the recording of an approved subdivision and/or land development plan, the streets, parks and other public improvements shown thereon shall be and become a part of the official map of the Township, subject, however, to the provisions of § 22-606 herein.
[Ord. 5/3/1982, § 702]
1. 
All work and materials shall be subject to inspection for conformity with the terms of this chapter by the Township Engineer.
A. 
When any work or materials are determined by the Township Engineer not to be in compliance with the terms of this chapter or any other Township ordinance, code, regulation, plan or map, or at variance with any permit issued therefore, the Township Engineer, may, by notice in writing or verbal order followed by notice in writing, direct that all work upon improvements in the subdivision or land development forthwith stop until such noncompliance or variance is corrected except as the Township Engineer may deem necessary to prevent injury or damage to persons or property, no work shall thereafter be performed upon the same except in accordance with the order of the Township Engineer.
B. 
No underground pipes, works, lines, structures, subgrades or base courses shall be covered until the same shall be inspected and approved by the Township Engineer, and if the same have been covered contrary to the provisions hereof, upon the order of the Township Engineer, the landowner or developer shall cause the same to be forthwith uncovered so as to permit the inspection thereof.
C. 
When an inspection of any improvements shall be required, or desired by the landowner or developer, the landowner or developer shall give the Township Engineer 48 hours' notice in advance. Such notice shall be directed to the Township Secretary.
[Ord. 5/3/1982, § 703]
When a subdivision or land development plan has been approved and recorded in accordance with the provisions of this chapter, and the improvements thereon completed and approved by the Board of Supervisors, or in lieu thereof, an improvement bond or other security has been furnished the Township, the purchasers and mortgagees of lots in the subdivision or land development shall be relieved of any and all liability for any deficiency in, lack of or failure to complete the said improvements by the landowner or developer; and, any failure to complete or properly complete the said improvements shall not encumber any lot or lots in the said subdivision or land development.
[Ord. 5/3/1982, § 704]
Before acting upon any subdivision and/or land development plan, the Board of Supervisors may conduct a public hearing thereon, pursuant to public notice.
[Ord. 5/3/1982, § 705]
The landowner and/or developer shall require all builders and/or contractors that they shall perform all work in accordance with the regulations and requirements of this chapter, and such other Township ordinances, codes, regulations, plans and maps as shall be applicable thereto.
[Ord. 5/3/1982, § 706]
1. 
The Township Planning Commission may recommend to the Board of Supervisors that the plan requirements for a subdivision and/or land development be modified or altered in order: to encourage or promote economy and ingenuity in the layout and design of subdivisions and land developments; to more effectively protect various critical environmental areas as defined in § 22-202 herein and set forth more fully in Part 15 of the Zoning Ordinance [Chapter 27]; or, to more effectively conform to the purposes of this chapter, as follows:
A. 
With respect to encouraging or promoting economy and ingenuity in the layout and design of subdivisions and land developments, the Township Planning Commission may recommend modifications to plan requirements for, but not limited to, the following types of proposals:
(1) 
Those which may involve earth sheltered housing design.
(2) 
Those which may involve special forms of solar energy conservation.
(3) 
Those which may involve the conversion, reuse and/or adaptation of an existing structure or building.
B. 
With respect to more effectively protecting various critical environmental areas, the Township Planning Commission may recommend modifications to plan requirements for, but not limited to, the following types of proposals:
(1) 
Those which would more effectively protect existing tree growth, especially notable trees and stands of indigenous vegetation.
(2) 
Those which would minimize extensive grading and the displacement of soil.
(3) 
Those which would enhance groundwater discharge.
(4) 
Those which would minimize surface water runoff and improve the management of stormwater.
(5) 
Those which would preserve historic or cultural sites or structures.
(6) 
Those which would conserve prime agricultural lands and soils.
(7) 
Those which would minimize visibility of development and protect the visual quality of ridges and other exposed areas.
C. 
In granting medications to the landowner or developer, the Board of Supervisors may impose such conditions as will, in their judgment, secure substantially the objectives of the standards or requirements so varied or modified.
[Ord. 5/3/1982, § 707; as amended by Ord. 111-2003, 11/3/2003, § 4]
1. 
In order to more effectively evaluate subdivision and/or land development proposals, the applicant shall be required to disclose the environmental consequences or effects of such proposals through the submission of an environmental impact assessment (EIA) report.
A. 
An EIA report shall be submitted with the preliminary plan for: any proposed land development and/or subdivision of land which consists of 10 or more dwellings; a 10 or more acre tract to be subdivided into four or more lots; and, for any proposed land development and/or subdivision of land of a tract of less than 10 acres where a building, driveway or other improvement is proposed and is governed by the conditional use or special exception provisions of the Zoning Ordinance [Chapter 27]; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, may be exempted.
B. 
An updated EIA report shall accompany and form a part of the final plan for any of the above.
[Amended by Ord. 2015-196, 12/7/2015]
2. 
The EIA report shall contain text, tables, maps and analyses which document the probable impact resulting from the proposed subdivision and/or land development in accordance with the format and content outline specified below.
3. 
Seventeen copies of the EIA report shall be submitted in accordance with the format and content specified below. Within the EIA report, specific emphasis shall be directed toward the proposed project's effects on and relationship to applicable site, neighborhood (including areas in adjacent Townships where applicable) and Township-wide resources conditions or characteristics. The EIA report shall include text, tables, maps and analyses for the purpose of describing the project site, proposed use(s), environmental characteristics and the environmental effects of the proposal as follows:
A. 
An identification of the site location and area through the use of a location map drawn at a scale of not more than 2,000 feet to the inch. The location map shall depict all streets, adjoining properties, zoning district boundaries and municipal boundaries within 3,000 feet of any part of the tract. In the case of development of a section of the entire tract, the location map shall also show the relationship of the section to the entire tract.
B. 
An identification of the site character and appearance through the presentation of black and white photographs or copies thereof. Such photographs shall provide a representation of what the site looks like from the ground. Photographs should be properly identified or captioned and shall be keyed to a map of the site.
C. 
An identification of the nature of the proposals through the presentation of the following:
(1) 
A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract and a depiction of the features which are proposed such as streets, driveways, parking areas, buildings and other structures, and all impervious surfaces. The plan shall be drawn at a scale of not more 100 feet to the inch and may be submitted as an attachment to the report. The plan shall reflect all the information required under § 22-403 herein.
(2) 
Plans and elevations depicting the proposed size, square footage, height, number of rooms (where applicable) of buildings and/or other structures.
(3) 
A statement indicating the existing and proposed ownership of the tract and where applicable, the type of ownership, operation and maintenance proposed for areas developed to open space or otherwise not under the control of a single lot owner.
(4) 
A statement indicating the proposed staging or phasing of the project and a map depicting the boundaries of each stage or depicting the boundaries of each stage or phase of the project. Such boundaries shall be superimposed on a version of the site development plan.
D. 
An identification of physical resources associated with the natural environment of the tract including such features as geology, topography, soils, hydrology, and the like. The identification of physical resources shall include a narrative description of the qualitative and quantitative aspects of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not more than 100 feet to the inch as specified below and may be either incorporated into the EIA report or submitted as attachments to the report:
(1) 
A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of all rock formations at or influencing the tract and features such as faults and/or fractures.
(2) 
A map depicting the topographical characteristics of the tract. Such map shall contain contours with at least two-foot intervals; and, shall depict slopes from 0% to 4%, 4% to 10%, 10% to 15%, 15% to 25%, and greater than 25%.
(3) 
A map depicting the soil characteristics of the tract. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed subdivision and/or land development such as depth to bedrock, depth of water table, flood hazard potential, and limitations for septic tank filter fields. The map shall specifically identify any soil with seasonally high ground water and any prime agricultural soils and prime agricultural land.
(4) 
A map depicting the hydrological characteristics of the tract. Such map shall depict: surface water resources, their drainage characteristics, watersheds and floodplains, wetland buffers, stream valley buffers, and groundwater resources. Surface water resources include features such as creeks, runs and other streams, ponds, other natural bodies of water, springs, wetlands, and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.
E. 
An identification of biological resources associated with the natural environment of the tract including such features as vegetation and wildlife. The identification of biological resources shall include a narrative description of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not more than 100 feet to the inch, as specified below; and, may be either incorporated into the EIA report or submitted as attachments to the report.
(1) 
A map depicting the vegetation characteristics of the tract. Such map shall define the locations and boundaries of the wooded areas of the tract and shall note the types of vegetation associations which exist in terms of their species types and sizes. In addition, all trees 12 inches in caliper or greater, shall be accurately located on the map either as free standing trees or as tree masses.
(2) 
A map depicting characteristics associated with wildlife habitats. Such map may draw upon the vegetation, hydrology and soil maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship of the oval habitat(s).
F. 
An identification of the land use conditions and characteristics associated with the tract such as: current and past use, land cover, and encumbrances; and, the relationship of these to adjacent tracts. The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps drawn at a scale of not more than 100 feet to the inch, unless otherwise noted, shall be incorporated into the EIA report or submitted as attachments to it.
(1) 
A map depicting the land cover characteristics of the tract. Such map shall define existing features including: paved or other impervious surfaces, wooded areas, cultivated areas, pasture, old fields, lawns and landscaped areas and the like.
(2) 
A map depicting any encumbrances to the tract. Such map shall define easements and other areas where certain use privileges exist.
(3) 
A map depicting the land uses adjacent to the proposed tract. Such map may be at the same scale as the location map.
G. 
An identification of the historic resources associated with the tract such as areas, structures and/or routes and trails which are significant. Areas, structures, and/or routes and trails included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places and the Historic American Building Survey, and those identified in the Comprehensive Plan shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map drawn at a scale of not more than 100 feet to the inch depicting historic resources shall be incorporated into the EIA report or submitted as an attachment to the report.
H. 
An identification of the visual resources associated with the tract, such as areas that have a particular amenity value and areas that offer interest in viewing the tract, specifically including any area described in the Comprehensive Plan as a Special Heritage Landscape Protection Zone, scenic area, viewshed, or important vantage point. The identification of visual resources shall include a narrative description of the above. In addition, a map drawn at a scale of not less than 100 feet to the inch depicting visual resources shall be incorporated into the EIA report or submitted as an attachment to the report, as well as a three-dimensional (3D) depiction of the topography of the site with the proposed buildings as viewed from the perimeter roads, proposed screening, and other elements that affect visibility, in order to be able to visualize:
[Amended by Ord. 2015-196, 12/7/2015]
(1) 
The impact on existing views from surrounding roads and properties;
(2) 
The impact of existing features (adjacent roads, properties and man-made features) to the proposed development; and
(3) 
The proposed topography, building massing, proposed screening, and other features that impact views from adjacent roads and properties, using photographs, plans, and satellite imagery.
I. 
An identification of the community facility needs associated with the user and/or resident of the proposed subdivision and/or land development. The community facility needs assessment shall indicate in narrative form the type of services which will be in demand. Where applicable, community facilities (such as schools, park and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service and postal services) shall be discussed in terms of the ability of existing facilities and services to accommodate the demands of future users and/or residents of the lots and/or tract and the need for additional or expanded community facilities.
J. 
An identification of the utility needs associated with the user and/or resident of the proposed subdivision and/or land development. The utility needs assessment shall indicate in narrative form the type of installations which will be in demand. Utilities (such as those used for water supply, sewage disposal, refuse disposal, storm drainage, communications and electrical transmission) shall be discussed in terms of: the ability of existing utility installations to accommodate the demands of the future users and/or resident of the lots and/or tract; the need for additional or expanded utility installations; the ability to achieve an adequate, potable quantity of water whenever individual wells are proposed; the ability to achieve an adequate system for on-site sewage disposal whenever such a system is proposed; and, the ability to achieve an adequate system for storm drainage and stormwater management.
K. 
An identification of the relationship of the transportation and circulation system needs of the proposed subdivision and/or land development to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it; and, expected traffic volumes generated from the subdivision and/or land development including their relationship to existing traffic volumes on existing streets for both peak-hour and non-peak hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed subdivision and/or land development and what improvements are proposed to remedy any physical deficiencies.
L. 
An identification of the social and demographic characteristics related to the proposed subdivision and/or land development. The characteristics which shall be presented in narrative form shall include a profile of the future users and/or residents of the lot and/or tract including information such as the number of people expected. Such information shall be related to initial and completed subdivision and/or land development conditions.
M. 
An identification of the economic and fiscal characteristics related to the proposed subdivision and/or land development. The characteristics which shall be presented in narrative form shall include a profile of the Township, County and school district revenues which the proposal may generate and the Township, County and school district costs it may create. Such information shall be related to initial and completed subdivision and land development conditions.
N. 
An identification of the characteristics and conditions associated with existing, construction related, and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors and gases and/or radioactive materials.
O. 
The implications of the proposed subdivision and land development in terms of: the type of beneficial or adverse effects which may result from it; and, the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed subdivision and/or land development to the resources, conditions and characteristics described in Subsection 3D through N above. In addition to a narrative presentation of implications, the applicant shall display where the subdivision and/or land development adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not more than 100 feet to the inch, wherein the areas adversely affected from proposed development area highlighted. Such map may be either incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the subdivision and/or land development plan.
P. 
Alternatives to the proposed subdivision and/or land development. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form. The applicant shall comment on how alternatives such as: revised location, redesign, layout or suiting of buildings, roads and other structures, alternate methods for sewage disposal and water supply, reduction in the size of proposed structures or number of structures, and the like would preclude, reduce or lessen potential adverse impact or produce beneficial effects.
Q. 
Probable adverse effects which cannot be precluded. In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications, that is, whether the adverse effects will have direct or indirect influence on a particular resource, condition or characteristic.
R. 
Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These resources shall include those required through existing procedures and standards, and those unique to a specific project, as follows:
(1) 
Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the state, county, and/or Township for remedial or protective action such as: sedimentation and erosion control, stormwater runoff control, water quality control, air quality control, and the like.
(2) 
Mitigation measures related to impacts which may be unique to a specific subdivision and/or land development are those related to efforts such as: revegetation, screening, fencing, emission control, traffic control, noise control, relocation of people and/or businesses, land acquisition, and the like.
S. 
Any irreversible environmental changes which would occur due to the proposed subdivision and/or land development should it be implemented. To indicate such changes, the use of non-renewable resources during the initial and continued phases of the subdivision and/or land development shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and related qualitative effects.
4. 
In making its evaluation, the Board of Supervisors, the Zoning Hearing Board and/or the Planning Commission may request any additional information it deems necessary to adequately assess potential environmental impacts. Further, whenever any information requested in Subsection 3 above is not applicable to the proposed subdivision and/or land development, the Board of Supervisors, the Zoning Hearing Board and/or the Planning Commission may waive any or all of the requirements to address such information upon a finding of such inapplicability. A written request for a waiver shall be made by the applicant and shall be submitted at the time when an application for subdivision and/or land development, conditional use and/or special exception is made.
5. 
The EIA report shall be prepared by an engineer, architect, landscape architect, or land planner.
[Added by Ord. 2014-185, 10/6/2014]
1. 
All land shall be subdivided, developed and used in compliance with the following:
A. 
The standards and requirements contained in this chapter;
B. 
The Official Map, the Comprehensive Plan, the Zoning Ordinance, the Township Sewage Facilities Plan, the Township Building and Plumbing Codes and all other applicable Township codes, ordinances or administrative regulations;
C. 
The rules, regulations and standards of any municipal, county, state or regional planning agency having jurisdiction;
D. 
The rules, regulations and standards of any municipal, county, state or regional administrative or regulatory agency, such as, but not limited to, the Chester County Health Department, the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection, and any federal agency with jurisdiction;
E. 
Any nonstatutory limitation, qualification, agreement or standard imposed on the land by deed or plan note or other restrictive covenant agreed to as part of an approval under this chapter. Any such restriction, qualification, agreement or covenant agreed to as part of an approval under this chapter shall be indicated in a recorded document or on a subdivision or land development plan, which shall be recorded in a manner and form acceptable to the Township Solicitor.