[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, § 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, § 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.