[Ord. 76, 9/8/1982, § 400]
1.
It is the intention of the Board in enacting these procedures to provide the applicant with a timely and comprehensive review of plans submitted for subdivision and/or land development. All preliminary and final subdivision or land development plans shall be reviewed by the Township Planning Commission and the County Planning Commission and shall be approved or disapproved by the Board of Supervisors in accordance with the procedures specified in this chapter. Any application not processed as required hereafter shall be null and void unless it was made prior to the adoption of these regulations, or exempted under these regulations.
A.
All subdivision applications shall be, for purposes of procedure, classified as either major or minor as defined below:
(1)
Major. Any subdivision other than a minor subdivision.
(2)
Minor. A subdivision in which:
(a)
No street is to be constructed or widened.
(b)
No other improvement that requires a bond or escrow as a performance guarantee is to be constructed.
(c)
No earthmoving activities will take place except those normal to construction of a single-family dwelling on each lot.
(d)
No more than 10 lots are created.
B.
Landowners submitting an application for a minor subdivision may elect to submit such application in the form of a final plan, in which event the submission requirements set forth in §§ 22-403 to 22-406 hereof shall not be applicable; however, nothing herein contained shall prevent such landowner from first submitting a sketch plan if the applicant so desires. Major subdivision applications shall be subject to all submission requirements specified in this Part.
(Note: Submission of sketch plan is optional).
[Ord. 76, 9/8/1982, § 401]
1.
All preliminary and final subdivision or land development plans shall be submitted by the Township to the following agencies for review:
A.
Chester County Planning Commission. One print of all plans and referral letters shall be submitted with fees to the Chester County Planning Commission for their review and comment by the Township Secretary, in accordance with Act 247, § 502, as amended, 53 P.S. § 10502.
B.
Chester County Health Department. If a preliminary plan is submitted as hereinafter provided, two additional prints shall be submitted to the Chester County Health Department for review of matters relating to adequacy of the site to sustain on-site water and/or sewage disposal system. One additional print of the final plan shall be submitted to the Chester County Health Department.
C.
The applicant shall submit such additional prints of all plans as may be necessary for forwarding by the Township to the appropriate County agencies and interested parties for their reviews.
D.
To provide for sound planning practices concerning joint municipal cooperation and/or other regional planning considerations, the following may apply at the discretion of the Planning Commission. Where a neighboring municipality is also involved, or where member municipalities of the Central Region Planning Commission are involved, or where there are regional implications in a subdivision or in providing one of the utilities such as water or sewage, there may be a joint discussion, prior to filing of the preliminary plan, between the subdivider and/or developer, the Township Planning Commission, and the Supervisors to discuss how the various joint interests shall be handled and the arrangements so made, shall be confirmed in writing by all parties.
[Ord. 76, 9/8/1982, § 402]
1.
A sketch plan for all proposed subdivisions or development of land located within the Township, may, at the option of the developer, be submitted to the Township Planning Commission for review.
A.
Such sketch plans may be considered as submitted for informal discussion between the developer and the Planning Commission. Submission of a sketch plan does not constitute submission of an application for approval of a subdivision or land development plan. As such, this procedure is not subject to the time limitations imposed by the Act on consideration hereinafter provided. Written comments may be prepared by the Planning Commission for the applicant.
B.
For informational purposes, three copies of the sketch plan may be submitted to the Township Secretary for distribution to the Planning Commission and Board of Supervisors.
C.
In the event that any developer shall intend to make changes in the contour of any land proposed to be subdivided, developed, or changed in use by grading, excavating or the removal or destruction of the natural topsoil, trees or other vegetative covering thereon, the developer is strongly urged to consult with the Chester County Soil and Water Conservation District prior to or concurrently with submission of the sketch plan, in order to insure that the proposed subdivision or land development will be compatible with the conservation plan to be submitted. (See § 22-505.)
[Ord. 76, 9/8/1982, § 403]
1.
The Planning Commission shall consider the suitability of the sketch plan for the development of the land and its relationship to the harmonious extension of streets and utilities, arrangement and density of housing, and compatibility of the plan with the Comprehensive Plan for the Township and may submit written recommendations to the Board and the applicant.
2.
The applicant may, but need not, request further review of the sketch plan by the Board. If further review is requested, the Board, after considering the recommendations of the Planning Commission, may advise the applicant as to requested plan modifications it may deem necessary or advisable.
3.
The applicant and the Planning Commission shall consider the consistency of the sketch plan with the 537 Sewage Facilities Plan of East Fallowfield Township as a precursor to the official submission of a preliminary plan for review.
[Ord. 76, 9/8/1982, § 404; as amended by Ord. 2010-01, 3/23/2010]
1.
The preliminary plan shall conform to the most recent administrative regulations adopted by the Board of Supervisors for such purpose.
A.
Prints of the preliminary plan and all required supplementary data shall be initially and officially submitted to the Township Secretary, together with the required fees as prescribed by resolution of the Board. The Township Secretary shall note the date of receipt and shall transmit such plans to:
B.
Official submission of a preliminary plan to the Township Secretary shall consist of:
(1)
Three copies of the application for review of preliminary subdivision or land development plan.
(2)
Eight copies of prints of the preliminary plan and three copies of all supporting plans and information (including DEP planning modules for land developments as required) to enable proper distribution and review of the plans, as required by the Board.
(3)
Payment of subdivision application fees and deposit for plan review cost as required by resolution of the Board of Supervisors.
C.
Upon receipt of the above, the Township Secretary shall forward one copy of the application, three prints of the preliminary plan and two prints of all other required plans to the Township Planning Commission; one print of the preliminary plan to the Chester County Planning Commission and two prints to the Chester County Health Department; and one print of all other required plans to the Township Engineer; retaining one additional copy of all plans and other data in the Township files.
[Ord. 76, 9/8/1982, § 405]
1.
Township Planning Commission.
A.
The Township Planning Commission shall review at the regularly scheduled meeting the plan and recommendations of the County agencies and the Township Engineer, should such recommendation be made, to determine if it meets the standards set forth in this chapter.
B.
The Township Planning Commission shall determine, with the advice of the Chester County Health Department, if a 537 plan revision is required. If required, the applicant shall be notified that a wastewater alternatives analysis, required as stipulated in § 22-507, will be required as a prerequisite for preliminary plan approval.
C.
The Township Planning Commission shall determine if further evaluation of potential impacts, as stipulated in § 22-507, is necessary and will recommend that the Supervisors require the applicant to prepare the necessary impact statements.
D.
After such review, the Secretary of the Planning Commission shall send written notice of the action of the Planning Commission and the reasons, therefore, citing specific sections of statutes or ordinances relied upon, to the Township Supervisors and the applicant.
2.
Board of Supervisors.
A.
When a preliminary plan has been officially submitted to the Board of Supervisors by the Planning Commission, such plan shall be placed on its agenda for review and action.
B.
In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Township Engineer, the Planning Commission, the Chester County Planning Commission and all other reviewing agencies, and comments from public hearings, if any, to determine its conformance to existing ordinances. The Board may alter any subdivision or land development plan and specify conditions, changes, modifications, or additions thereto, which it deems necessary, and may make its decision to grant preliminary approval subject to such conditions, changes, modifications, or additions. If plans and necessary supporting data are filed less than seven calendar days in advance of the regularly scheduled meeting, plans will not be reviewed by the Commission until its next regular meeting.
C.
The Board may require additional studies or reports be submitted, as stipulated in § 22-507, as it deems necessary to properly evaluate potential impacts associated with the proposed development.
D.
Notwithstanding the foregoing procedure, the Board shall render a decision on all preliminary 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. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than:
3.
Every preliminary plan approval shall be subject to the following conditions:
A.
Any modification of the preliminary plan required by the Board of Supervisors as prerequisites to approval shall be noted on three copies of the preliminary plan. One copy will be returned to the applicant, one copy will be retained by the Board and one copy will be filed with the Township Planning Commission.
B.
Approval of the preliminary plan shall constitute approval of the development as to the character and intensity, the arrangement and approximate dimension of streets, lots, and other planned features, but shall not constitute the authorization for the sale of lots, the lease of land, buildings or portions of buildings, or the development of land.
C.
If it is determined by the Township Planning Commission that a 537 Plan Revision is required, preliminary plan approval shall not be granted until the Board of Supervisors has reviewed the wastewater alternatives analysis stipulated in Subsection 1B and passes a resolution recommending the appropriate 537 Plan Revision.
[Ord. 76, 9/8/1982, § 406]
1.
Within one year after approval of the preliminary plan, a final plan and all necessary supplementary data shall be officially submitted to the Township Secretary.
2.
The Board of Supervisors may permit submission of the final plan in sections, each covering a reasonable portion of the entire proposed development as shown on the approved preliminary plan; provided, that the first final plan section shall be submitted within the said one-year period, and the last final plan section shall be submitted within five years of preliminary plan approval.
3.
Failure to make timely submission of final plans in compliance with Subsection 1, above, renders void a preliminary plan approval, and the applicant shall be required to file a new application and fee for preliminary plan approval.
4.
Official submission of the final plan to the Township Secretary shall consist of:
A.
Three copies of the application for review of final subdivision or land development plan.
B.
Eight copies of prints of the final plan and three copies of all supporting plans and information to enable proper distribution and review of the plans.
C.
Payment of subdivision application fees and deposit for plan review costs as required by resolution of the Board of Supervisors.
5.
Prints of the final plan and all required supplementary data shall be initially and officially submitted to the Township Secretary. After the required fees and plan review deposits have been paid, the Township Secretary shall note the date of the receipt and shall then forward three prints of the final plan to the Township Planning Commission, and three copies of all supporting plans and information; one print of the final plan to the Chester County Planning Commission and two prints to the Chester County Health Department; one print of the final plan to the Township Engineer, and retaining one additional copy of all plans and data in the Township files.
6.
Upon review of the final plan by the Township Planning Commission and Board of Supervisors, as appropriate, applicant shall submit six additional copies of the final plan reflecting any subsequent changes as a result of the final review process for purposes of signing and recording of plan.
[Ord. 76, 9/8/1982, § 407; as amended by Ord. 35, 4/3/1991, § 1; by Ord. 36, 4/3/1991, § 1; and by Ord. 2010-01, 3/23/2010]
1.
Township Planning Commission.
A.
The Planning Commission shall review at one or more regularly scheduled meetings, the final plan and preliminary plan, if applicable, and the recommendations of the County agencies, the Township Engineer and any other reviewing agencies. If a preliminary plan has not been filed, the Township Planning Commission will determine if a 537 Plan Revision is required. (See § 22-406, Subsection 1B.)
B.
After such meeting, the Secretary of the Planning Commission shall send written notice of the action of the Planning Commission and the reasons thereof, citing specific sections of statutes or ordinances relied upon, to the Board of Supervisors.
2.
Board of Supervisors.
A.
When a written report on a final plan has been officially returned to the Board of Supervisors by the Planning Commission, such plan shall be placed on the agenda of the Board of Supervisors for review.
B.
Upon receipt of recommendations and other supporting information from the Planning Commission, the Board may, at one or more regular or special public meetings, review the final plan and shall, within the time limitations set forth herein below, either approve or disapprove the plan. Notwithstanding the foregoing procedure, the Board 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.
The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than:
C.
Prints of the final plan as approved, with the appropriate endorsement of the Board of Supervisors and the Township Engineer, shall be distributed. The Township Secretary shall forward at least three prints for recording to the applicant; one print to the County Planning Commission; one print to the County Health Department; and one print to be retained in the Township files.
3.
Every final plan approval shall be subject to the following conditions:
A.
That the landowner shall execute a subdivision and land development agreement in accordance with § 22-411.
C.
The landowner agrees, if requested, to tender a deed of dedication to the Township for streets, any and all easements for sanitary sewers, water lines, or storm sewers and improvements thereto, including street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements and as are required for the promotion of public welfare, after all streets, sidewalks, sewers, and the like are completed and such completion is certified as satisfactory by the Township Engineer. The Board may require that the applicant supply a title insurance certificate from a reputable company before any property is accepted for the Township.
D.
Whenever the landowner is required to provide 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 landowner and the Township and shall run to the benefit of the Township and lot purchasers in the subdivision or land development.
E.
The submission to the Township of all required permits from agencies having jurisdiction over the ancillary matters necessary to effect the subdivision or land development, such as Pennsylvania Departments of Transportation and Environmental Protection, Public Utility Commission and Chester County Health Department. Specific compliance is required as applicable concerning the completion of the Department of Environmental Protection, planning module for land development form as part of permitting procedures and planning requirements of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., 25 Pa. Code, Chapter 71, and the Chester County Health Department. In addition, where land developments require access to state highways, the applicant shall obtain a highway occupancy permit from the appropriate PennDOT Office (Form M-954 E). (See Appendix 22-L-4 in Supporting Information for the Subdivision and Land Development Ordinance for example.)
F.
From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision, or other governing ordinance shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. When an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment 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 such approval. Where final approval is preceded by preliminary approval, the three-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
[Ord. 76, 9/8/1982, § 408]
1.
Pre-application Procedures (Sketch Plan). A landowner or developer proposing to develop a planned residential development may and is strongly encouraged to submit a sketch plan to the Planning Commission for informal discussion between the developer and Planning Commission. Submission of a sketch plan does not constitute submission of an application for approval of a planned residential development. As such, this procedure is not subject to the time limitations imposed by the Act. Written comments may be prepared by the Planning Commission for the applicant. The review and contents of such sketch plan may follow the procedures outlined in §§ 22-404 and 22-501 of this chapter.
2.
Procedure for Tentative Approval.
A.
The application for tentative approval shall be executed by, or on behalf of, the landowner and filed with the Township Secretary. An initial deposit in the amount specified in the applicable fee schedule shall be paid upon filing of the application. Additional deposits may be made from time to time as requested by the Township to be applied against the expenses of processing the application, not to exceed actual expenses incurred by the Township.
C.
All pertinent reviews, including those of the County Planning Commission, the County Health Department, and the Township Engineer, shall be effected within 30 days of referral or at least five days prior to the public hearing to be held by the Board of Supervisors on the tentative application, whichever shall first occur. The Township Planning Commission shall forward to the Board of Supervisors copies of reports received from the Township Engineer and all other reviewing agencies, together with its own recommendations, at least five days prior to the public hearing. Copies of such reports and recommendations shall also be furnished to the applicant at the same time.
3.
Public Hearings.
A.
Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this chapter, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors in the manner prescribed in the East Fallowfield Township Zoning Ordinance [Chapter 27] for the enactment of an amendment. The chairman, or, in his absence, the acting chairman, of the Board of Supervisors or its designated agency may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every part of record at a hearing shall have the right to cross-examine adverse witnesses.
B.
A verbatim record of the hearing shall be caused to be made by the Board of Supervisors whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by the party making the request and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
4.
Findings.
A.
The Board of Supervisors, within 30 days following the conclusion of the public hearing provided for in this section, shall, by official written communication to the applicant, either:
(1)
Grant tentative approval of the development plan as submitted.
(2)
Deny tentative approval subject to specified conditions not included in the development plan as submitted.
(3)
Deny Tentative Approval to the Development Plan. Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that the tentative approval is denied subject to conditions, the applicant may, within 30 days after receiving a copy of the official written communication of the Board of Supervisors, notify such Board of Supervisors of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the applicant does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, denial of the development plan, with all said conditions, shall stand.
B.
The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the denial, with or without conditions, or for the grant, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:
(1)
Those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the Township.
(2)
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property including, but not limited to, density, bulk and use, and the reasons, if any, why such departures are not deemed to be in the public interest.
(3)
The purpose, location, and amount of common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(4)
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further amenities of light and air, recreation and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.
(6)
In the case of a development plan which proposed development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
C.
If the Township Planning Commission has determined that a 537 Plan Revision is required, the Board shall review the wastewater alternatives analysis as called for in Subsection 2, and pass a resolution recommending a 537 Plan Revision, if appropriate, before granting tentative plan approval.
D.
In the event a development plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provided for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. If not so specified, the final plan application shall be submitted within one year after tentative plan approval.
5.
Status of Plan after Tentative Approval.
A.
The official written communication provided for in Subsection 4 of this Part shall be certified by the Secretary of the Board of Supervisors and shall be filed in his office and a certified copy shall be mailed to the applicant. Where tentative approval has been granted, the same shall be noted on the Zoning Map.
B.
Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval (provided that the applicant has not defaulted nor violated any of the conditions of tentative approval) shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the applicant, provided an application for final approval if filed or, in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval, or within one year of tentative approval where such periods of time are not so specified.
C.
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the applicant shall elect to abandon said development plan, and shall so notify the Board of Supervisors in writing, or in the event the landowner shall fail to file application or applications as per Subsection 4D, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Secretary or Clerk of the Township.
[Ord. 76, 9/8/1982, § 409]
1.
An application for final approval may be all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the official review agency and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.
2.
In the event the application for final approval has been filed, together with all drawings, specifications, and other documents in support thereof, and the document meets all the requirements of § 22-504, Subsection 3, as required by the chapter and the official written communication of tentative approval, the Township shall, within 45 days of such filing, grant such development plan final approval.
3.
In the event the development plan as submitted contains variations from the development plan given tentative approval, or fails to meet all the plan requirements of § 22-504, Subsection 3, the Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the applicant in writing of said refusal, setting forth in said notice the reasons why one or more of the said variations are not in the public interest. In the event of such refusal, the applicant may either:
A.
Refile his application for final approval without the variations objected to.
B.
File a written request with the Board of Supervisors that it hold a public hearing at the applicant's expense, on his application for final approval. If the applicant wishes to take either such alternative action, he may do so at any time within which he shall be entitled to apply for final approval, as set forth in the written communication by which tentative approval was granted by the Township Supervisors, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the applicant was advised that the development plan was not in substantial compliance. In the event the applicant shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the applicant, and the hearing shall be conducted in the manner prescribed in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Board of Supervisors shall, by official written communication, either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this chapter.
4.
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed forthwith in the Office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto.
5.
In the event that a development plan, or a section thereof, is given final approval and thereafter the applicant shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Supervisors in writing, or, in the event the applicant shall fail to commence and carry out the planned residential development within three years after approval has been granted, all tentative and final plan approvals shall be deemed to be revoked, and no development or further development shall take place on the property included in the development plan until after said property is re-subdivided under the provisions of current ordinances. Where final plan approval is preceded by tentative plan approval, the three-year period shall be commenced from the date of tentative approval.
[Ord. 76, 9/8/1982, § 410]
1.
Every applicant for final plan approval shall execute a form of agreement to be approved by the Township before the final plan is released by the Board of Supervisors and filed on record. The agreement shall specify the following, where applicable:
A.
That the owner agrees that he will lay out and construct all roads, streets, lanes, or alleys together with all other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space and restricted areas, 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, and that he shall complete these improvements within the time or times specified by the Board of Supervisors.
B.
That the owner guarantees completion and maintenance of all improvements by means of a corporate surety bond or deposit of funds or government securities in escrow, or irrevocable letter of credit acceptable to the Township as accepted by the Township Solicitor.
C.
That the owner agrees to tender a deed or deeds of dedication to the Township for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements provided that the Township shall not accept dedication of such improvements until their completion is certified as satisfactory by the Township Engineer.
[Ord. 76, 9/8/1982, § 411]
1.
Unless the applicant shall complete the installation of all subdivision improvements (including both public and private improvements) prior to final subdivision approval, the applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all subdivision improvements (including both public and private improvements) and common amenities including, but not limited to, streets and roads, walkways, curbs, gutters, street lights, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in Subsection 6 hereof, water mains and other water supply facilities, fire hydrants, and sanitary sewage disposal mains and other 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, a restrictive or escrow account in such institution or with a financially responsible bonding company or such other type of financial security which the Township may, in its reasonable discretion, approve. The bonding company may be chosen by the party posting the financial security, provided that the said bonding company or lending institution is authorized to conduct business within the commonwealth, and shall stipulate that it submits 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 as specified in the subdivision plan or 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 submission to the Board of Supervisors of bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements or, in the absence of such bona fide bids, the costs shall be established by estimate prepared by the Township Engineer. 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.
5.
In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
6.
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.
7.
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from the receipt of such request within which to allow the Township 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 Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Board of Supervisors may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board of Supervisors his independent evaluation of the proper amount of partial releases.
[Ord. 76, 9/8/1982, § 412]
Within 90 days after approval of a final plan by the Board of Supervisors, inclusive of the execution of the subdivision and land development agreement and performance guarantee by the applicant, the final plan shall be recorded by the applicant in the Office of the Recorder of Deeds of Chester County. Should the plan not be recorded within such period, the action of the Board of Supervisors shall become null and void. The final plan to be recorded shall be an exact copy of the approved final plan in accordance with the provisions of this chapter for final plan requirements.
[Ord. 76, 9/8/1982, § 413; as amended by Ord. 2010-01, 3/23/2010]
1.
Upon submission to the Township of a copy of the Recorder of Deeds receipt for the recording of the final subdivision or development plan, the Township Secretary shall issue a subdivision and land development permit to the applicant. No construction activities (including earthmoving activities, but not including soil or percolation testing, well drilling or similar engineering or surveying activities) shall be commenced by the applicant until the subdivision and land development permit has been issued by the Township Secretary.
2.
No application for a building permit under the East Fallowfield Township Zoning Ordinance [Chapter 27] shall be submitted and no building permit under the East Fallowfield Zoning Ordinance [Chapter 27] shall be issued for any building in any subdivision or land development, and no work shall be done on any building in any subdivision or land development until the final plans for the said subdivision or land development have been approved as provided for and until a subdivision and land development permit pursuant to § 22-411 hereof has been issued. Further, where final subdivision and 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.
All streets, recreational facilities, surface drainage, water and sewer facilities, and other improvements shown on the final plan shall be privately owned until such time as they have been offered for dedication to the Township and accepted by resolution of the Township Supervisors. Before accepting any such offer of dedication, the Township Supervisors shall require the developer to file a maintenance guarantee in an amount not less than 15% of the actual cost of such improvements to be dedicated. Such maintenance guarantee shall be in a form and with a surety approved by the Township Solicitor, guaranteeing that the developer shall maintain all such improvements in good condition of construction for a period of 18 months after completion of construction or installation of all such improvements.
4.
At the end of the said eighteen-month period, if the improvements shall be in good condition, and the applicant has delivered as-built drawings showing any changes from final plan submission, the Township shall release the maintenance bond. Prior to such release, the Township may require any needed items of maintenance to be performed.
5.
No water system or sewer system, including extensions to existing or proposed Township systems or new systems employing sewage treatment plants, shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Protection or from federal or local agencies, as required and shall be in compliance with the East Fallowfield Township 537 Sewage Facilities Plan.
