[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).
C. Landowners or developers shall conform with all procedures with respect to the approval or disapproval of a development plan for a planned residential development as contained in the East Fallowfield Zoning Ordinance [Chapter
27] and contained herein in §§
22-409 and
22-410.
[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:
(1)
Board of Supervisors, as appropriate.
(2)
Township Planning Commission.
(3)
County Agencies (Planning and Health).
(4)
Township Engineer and other such persons or agencies as the
Board of Supervisors shall determine.
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:
(1)
Fifteen days following the decision.
(2)
The end of the said ninety-day period, whichever shall first
occur. The form and content of the decision shall comply with applicable
requirements of the Municipalities Planning Code, 53 P.S. § 10101
et seq.
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:
(1)
Fifteen days following the decision.
(2)
The end of the said ninety-day period, whichever shall first
occur.
|
The form and content of the decision shall comply with applicable
requirements of the Municipalities Planning Code, 53 P.S. § 10101
et seq.
|
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.
B. The landowner shall execute performance guarantees, maintenance guarantees, and/or escrow agreements in accordance with §§
22-412,
22-413, and
22-806 where applicable.
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.
B. The developer shall submit all required plans and information as stipulated in §
22-405.
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.
D. The Township Planning Commission shall determine if a 537 Plan Revision is required to accommodate the proposed development. If so, the Planning Commission shall recommend to the Board that the applicant be required to prepare a wastewater alternatives analysis as stipulated in §
22-507.
E. The Township Planning Commission shall also determine if any other further studies are necessary. If so, the Planning Commission shall recommend that the Board require the appropriate impact statements be prepared by the applicant as stipulated in §
22-507.
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.