A.
All preliminary and final subdivision or land development plans shall
be referred to and reviewed by the Township Planning Commission and
shall be approved or disapproved by the Township Board of Supervisors
in accordance with the procedures specified in this article and in
other sections of 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.
B.
Overview of procedures. The items in Subsection B(6) through (10) below are required under this chapter. The items in Subsection B(1) through (5) are optional but strongly encouraged as an important, valuable and highly recommended step that will speed the Township review process and may result in lower costs for the project. These steps shall be followed sequentially and may be combined only at the discretion of the Township:
(1)
Preapplication meeting.
(3)
Site inspection by planning Commission and applicant.
(4)
Pre-sketch plan conference.
(5)
Sketch plan submission and review (diagrammatic sketch, optional
step).
(6)
Preliminary plan.
(7)
Final plan, preparation. incorporation of all preliminary plan approval
conditions, documentation of all other agency approvals, as applicable.
(8)
Final plan, submission.
(9)
Supervisors' signatures, upon approval of final plan and posting
of improvements agreement and performance guarantee.
(10)
Recording of plan with Chester County Recorder of Deeds.
For purposes of procedure, all applications shall be classified
as either major or minor. Applicants shall apply for and secure approval
in accordance with the following plan submission procedures:
A.
Applicability. A diagrammatic sketch plan is strongly encouraged for all proposed minor or major subdivisions. Sketch plans, as described in § 315-12, shall be submitted to the Board of Supervisors for review by the Planning Commission. Such plans are for informal discussion only. Submission of a sketch plan does not constitute formal filing of a plan with the Board of Supervisors or the Planning Commission and shall not commence the statutory review period as required by the Pennsylvania Municipalities Planning Code. The procedures for submission of a diagrammatic sketch plan are described in Subsection F below and may be altered only at the discretion of the Township.
B.
Preapplication meeting. A preapplication meeting is encouraged between
the applicant, the site designer, and the Planning Commission (and/or
its planning consultant), to introduce the applicant to the Township's
zoning and subdivision regulations and procedures, to discuss the
applicant's objectives, and to schedule site inspections, meetings
and plan submissions as described below.
C.
Existing resources and site analysis plan. Applicants are required
to furnish an existing resources and site analysis plan as part of
the preliminary plan submission and, hence, are strongly encouraged
to prepare and furnish the existing resources and site analysis plan
as part of a sketch plan submission. The purpose of this key submission
is to familiarize the Township with existing conditions on the applicant's
tract and within its immediate vicinity, and to provide a complete
and factual reference for Township officials in making a site inspection.
This plan should be provided prior to or at the site inspection and
should form the basis for the diagrammatic sketch plan (or the conceptual
preliminary plan) and for the detailed preliminary plan.
D.
Site inspection. After preparing the existing resources and site
analysis plan, applicants should arrange for a site inspection of
the property by the Planning Commission and other Township officials.
Applicants, their site designers, and the landowner are encouraged
to accompany the Planning Commission. The purpose of the visit is
to familiarize the Township with the property's existing conditions
and special features, to identify potential site design issues, and
to provide an informal opportunity to discuss site design concepts,
including the general layout of designated greenway lands (if applicable)
and potential locations for proposed buildings and street alignments.
E.
Pre-sketch conference. Following the site inspection and prior to the submission of a diagrammatic sketch plan, the applicant should meet with the Planning Commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the five-step design procedure described in § 315-13F of this chapter, where applicable. At the discretion of the Commission, this conference may be combined with the site inspection.
F.
Sketch plan submission and review.
(1)
Copies of a diagrammatic sketch plan, meeting the requirements set forth in § 315-12, should be submitted to the Township Secretary or Zoning Officer for distribution to the Board, the Planning Commission and the Township Engineer at least seven days prior to the Planning Commission meeting at which the sketch plan is to be discussed.
(2)
Review:
[Amended 6-20-2016 by Ord. No. 170]
(a)
The Planning Commission shall review the sketch plan in accordance
with the criteria contained in this chapter and with other applicable
ordinances of the Township and the West Vincent Township Sustainability
Plan. It shall provide informal dialogue with the applicant and advise
him/her as promptly as possible of the extent to which the proposed
subdivision or land development conforms to the relevant standards
of this chapter and will discuss possible plan modifications that
would increase its degree of conformance. Aspects of the sketch plan
that shall specifically be evaluated include but are not limited to:
[1]
The location of all areas proposed for land disturbance (streets,
foundations, yards, septic disposal systems, stormwater management
areas, etc.) with respect to notable features of natural or cultural
significance as identified on the applicant's existing resources and
site analysis plan and on the Township's Map of Potential Conservation
Areas;
[2]
The potential for street connections with existing streets,
other proposed streets, or potential developments on adjoining parcels;
[3]
The location of proposed access points along the existing road
network;
[4]
The proposed building density and impervious coverage;
[5]
The compatibility of the proposal with respect to the objectives
and policy recommendations of the Comprehensive Plan and the Open
Space and Recreation Plan; and
(b)
The Commission shall also submit its written comments to the
applicant and the Board. The diagrammatic sketch plan may also be
submitted by the Board of Supervisors or the Planning Commission to
the Chester County Planning Commission for review and comment.
(3)
The applicant may, but need not, request further review of the sketch
plan by the Board of Supervisors. Upon receiving written request by
the applicant, the Board may consider the sketch plan. The Board may
meet with the applicant and may advise the applicant as to the concerns
of the Board. The Board is not required to review the sketch plan
nor to submit comments to the applicant if the Board does not review
the plan.
A.
All preliminary plans submitted for review shall conform with the minimum requirements established in § 315-13 of this chapter.
B.
Preliminary plan. A preliminary plan and application shall be submitted at least five working days prior to the date of the next regularly scheduled Board of Supervisors meeting. Twelve copies of the detailed preliminary plan and all other required documents and information shall be submitted to the Township Secretary, together with the required application fees and any escrow deposit required to cover Township-incurred engineering and legal review costs established in accordance with the terms of this chapter. The Township Secretary shall note the date of receipt of the application, fees, and escrow deposit. The official ninety-day review period provided for preliminary plans under the Pennsylvania Municipalities Planning Code shall commence in accordance with § 315-20B(4) of this chapter.
C.
Upon submission of a complete application as determined by the Board,
together with all required fees and escrow deposits, the Township
Secretary shall accept the application, plans and other required materials
and shall distribute them as follows:
(1)
One copy for the Township files.
(2)
One copy to the Township Police Department.
(3)
One copy to the Township Zoning Officer.
(4)
Two copies to the Township Engineer(s).
(5)
One copy to the Township Environmental Advisory Council.
(6)
One copy, referral letter, and fee to the Chester County Planning
Commission.
(7)
Two copies, referral letter, and fee to the Chester County Health
Department.
(8)
One copy to the Fire Department having jurisdiction.
(9)
One copy to the PECO Energy Company.
(10)
One copy to Bell Atlantic.
D.
The applicant shall be responsible for forwarding one copy of the
detailed preliminary plan to the Chester County Conservation District,
with applicable referral letter and fee.
E.
Additional copies of the detailed preliminary plan, to be furnished
by the applicant, shall be distributed by the Township Secretary to
the following agencies as warranted by each proposal, in the judgment
of the Board:
(1)
One copy to the district office of the Pennsylvania Department of
Transportation if the proposed subdivision abuts or is traversed by
a state road, either existing or proposed.
(2)
One copy to each public utility when a proposed subdivision or land
development abuts or is traversed by an easement or right-of-way belonging
to a public utility. When any proposed subdivision or land development
will access any utility, one copy of the plan shall be sent to each
utility.
(3)
One copy and referral letter to adjacent municipality or municipalities
if tract to be subdivided lies partially in another township(s).
(4)
One copy to the Township Historical Commission, if applicable.
(5)
One copy to the Township sewer and/or water commission/authority,
if applicable.
(6)
One copy to the Township Planning Solicitor.
F.
The applicant shall pay all application and processing fees required
for preliminary plan review, which fees shall be determined by resolution
of the Board.
G.
The applicant shall provide proof of notification of the filing of
the application by regular mail to all owners of properties within
500 feet of the tract proposed for subdivision or land development.
The notification shall include name and address of the applicant/developer;
the tax parcel number of the tract; total tract acreage; number of
lots proposed; and any zoning changes, variances, special exceptions,
conditional uses and waivers of ordinance requirements being requested.
Proof of the notice required by this subsection shall be provided
to the Township within 10 days of the submission of the preliminary
plan.
[Amended 10-11-1999 by Ord. No. 102]
H.
If at any time the applicant submits a substantially revised preliminary
plan, it shall be deemed a new application and shall not be accepted
unless it is accompanied by a new application and appropriate fees.
I.
When a tract is subdivided into parcels large enough to permit resubdivision
of the parcels, a sketch layout shall be included showing future potential
subdivision of the parcels to ensure that subdivision may be accomplished
in accordance with current ordinances and with appropriate access.
Submission and review of the sketch plan described in this section
shall not constitute approval of the future subdivision shown thereon.
A.
Township Planning Commission.
(1)
The Township Planning Commission shall review the plan and any recommendations made by county, state and federal agencies and the Township Engineer to determine conformance of the plan to this chapter and Chapter 390, Zoning, of the Township's Code, and any other relevant ordinances of the Township.
(2)
After such review, and within 60 days from the date the complete
detailed preliminary plan and application were submitted, the Planning
Commission shall send written notice of its findings, recommendations,
and reasons both to the Board and to the applicant and is encouraged
to cite specific sections of the statutes or ordinances relied upon.
(3)
If the Planning Commission and the applicant mutually agree that
this review period shall be extended for a period of 30 or more days
to provide additional time for evaluating the proposal, a written
agreement to this effect shall be signed in duplicate, with a file
copy being retained by the Township and by the applicant. Such an
extension shall be entered in good faith and for specific reasons
relating to the review process, including but not limited to providing
sufficient time for the Township to receive the written report of
the Chester County Planning Commission, the Chester County Health
Department, and the Township Engineer, or to allow the applicant additional
time in which to complete his application documents.
B.
Board of Supervisors.
(1)
When the recommendations on the detailed preliminary plan have been
officially submitted to the Board of Supervisors by the Planning Commission,
such recommendations shall be placed on the Board's agenda for review
and action.
(2)
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 Health Department and all other reviewing agencies and comments
from any public hearings or meetings. The Board may specify conditions,
changes, modifications or additions thereto which it deems necessary
or appropriate and may make its decision to grant preliminary approval
subject to such conditions, changes, modifications or additions. Whenever
the approval of a detailed preliminary plan is subject to conditions,
the written action of the Board should: a) specify each condition
of approval; and b) require the applicant's written agreement to the
conditions within 10 days of hand-delivery or mailing of the Board's
written decision.
(3)
During or before the detailed final plan review process, the Board
should complete its review of the proposed sewage facilities planning
module in accordance with Pennsylvania Department of Environmental
Protection and Chester County Health Department regulations and procedures.
When approved or adopted by the Board, the planning module shall be
forwarded to PADEP for review and approval.
(4)
Unless the applicant agrees in writing to extend the period for decision,
the Board shall render a decision on all detailed preliminary plans
and communicate its decision to the applicant not more than 90 days
from the date of the first regular meeting of the Planning Commission
held after the complete application was filed or after a final order
of court remanding an application. However, if that regular meeting
of the Planning Commission occurred more than 30 days after the complete
application was filed, the ninety-day period shall be measured from
the 30th day following the date the complete application was filed.
[Amended 12-26-2001 by Ord. No. 112]
(5)
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 15 days following the decision. The form and content
of the decision shall comply with applicable requirements of the Pennsylvania
Municipalities Planning Code. If the detailed preliminary plan is
not approved as submitted, the decision shall specify the defects
found in the plan, shall describe the requirements that have not been
met, and shall cite in each case the ordinance provisions relied upon.
(6)
A revised preliminary plan must be submitted if any revisions are
made to the plan. Revisions include, but are not limited to, the following:
(a)
Number, size, alignment or layout of proposed lots;
(b)
Location and/or extent of land or other features proposed to
be permanently protected through conservation easements;
(c)
Width, location, or alignment of proposed streets or trails;
(d)
Traffic-flow patterns or parking arrangements;
(e)
Location or type of proposed drainage or utility systems;
(f)
Location or type of proposed sewage facilities;
(g)
General type, number, size or area of landscaping, buffering
details, or locations of berms; and
(h)
Types or intensities of proposed uses.
(7)
If the applicant submits a substantially revised preliminary plan,
it shall be deemed a new application and shall not be accepted unless
it is accompanied by a new application and appropriate fees.
(8)
The decision of the Board should also be communicated to the governing
body of any adjacent municipality, if the plan includes land in that
municipality and/or directly abuts its boundaries.
(9)
A mediation option may be utilized by the Board as an aid in completing
proceedings authorized by this section. In exercising such an option,
the Board and mediating parties shall meet the stipulations and follow
the procedures set forth in Section 908.1 of the Pennsylvania Municipalities
Planning Code[1] and § 390-219 of Chapter 390, Zoning, of the Township's Code.
[Added 12-26-2001 by Ord.
No. 112]
[1]
Editor's Note: See 53 P.S. § 10908.1.
A.
Within one year after approval of the detailed preliminary plan, a detailed final plan and all necessary supplementary data shall be officially submitted to the Township Secretary. The detailed final plan shall meet the requirements set forth in § 315-14. It shall also conform to the detailed preliminary plan as previously reviewed by the Planning Commission and the Board and shall incorporate all modifications required by the Township in its review of the preliminary plan.
B.
The Board of Supervisors may permit submission of the detailed final
plan in phases, each covering a reasonable portion of the entire proposed
development as shown on the approved preliminary plan, provided that
the first detailed final plan phase shall be submitted within one
year after approval of the detailed preliminary plan. Each subsequent
phase shall be submitted within one year of approval of the previous
phase, provided all phases have been submitted within three years
of original approval.
C.
Unless the filing deadline in Subsection A of this section is waived or extended by the Board, failure to make timely submission of final plans renders void a preliminary plan, and the applicant shall be required to file a new application and fee for preliminary plan approval.
D.
Official submission of the detailed final plan to the Township Secretary
shall consist of:
(1)
Three copies of the application for review of final subdivision or
land development plan.
(2)
Twelve or more copies of the detailed final plan and all supporting
plans and information to enable proper distribution and review, as
required by the Board.
(3)
Copies of all applications made or notices provided to federal, state
and county agencies by or on behalf of the applicant for permits,
certifications, approvals or waivers required or sought for either
subdivision or land development as proposed in the preliminary plan
or in the detailed final plan, including, but not limited to, applications
or notices provided to the United States Army Corps of Engineers,
the United States Department of Agriculture Natural Resources Conservation
Service, the United States Environmental Protection Agency, the Commonwealth
of Pennsylvania Department of Environmental Protection (PADEP), or
the Department of Transportation (PennDOT) and the County of Chester
Department of Health.
(4)
Payment of application fees and deposit of escrow, if required, for
plan review costs.
E.
Twelve or more copies of the detailed final plan and all required
supplementary data shall be submitted to the Township Secretary, together
with the required fees and escrow deposit as prescribed by resolution
of the Board. The Township Secretary shall note the date of receipt
and shall then forward:
(1)
One copy to the Township Engineer;
(2)
One copy for the Township files;
(3)
One copy to the Township Environmental Advisory Council;
(4)
One copy to the Township Historical Commission, if applicable;
(5)
One copy to the Township sewer and/or water commission/authority,
if applicable;
(6)
One copy, referral letter and sufficient fee to the Chester County
Planning Commission, when required by the Board;
(7)
One copy to the Chester County Health Department, when required;
(8)
One copy to the Department of Environmental Protection, when required;
(9)
One copy to the governing body of any adjacent municipality or municipalities
if tract to be subdivided abuts or lies partially in that Township;
(10)
One copy of final title plan, showing approved house numbers
and addresses, to the Township Secretary.
A.
General.
(1)
The final plan shall conform in all important respects to the detailed
preliminary plan. as previously reviewed and approved by the Board
of Supervisors, and shall incorporate all modifications and revisions
specified by the Board in its approval of the preliminary plan.
(2)
The final plan and supporting data (including reports from the Pennsylvania Department of Environmental Protection, the Chester County Health Department, the Chester County Conservation District, and the Chester County Planning Commission) shall comply with the provisions of this chapter and those of Chapter 390, Zoning, of the Township's Code. Failure to do so shall be cause for rejecting the plan.
B.
Township Planning Commission.
(1)
The Planning Commission will review the final plan and the recommendations of the Township Engineer and any other reviewing agencies to determine its conformance with the requirements of this chapter and with those of Chapter 390, Zoning, of the Township's Code.
(2)
After such review, and within 60 days of the submission of a complete
final plan package, the Planning Commission shall send written notice
of its findings, recommendations, and its reasons to the Board and
the applicant. If the plan includes land in any adjacent municipality
and/or which directly abuts its boundaries, then such notice and recommendation
should also be transmitted to the governing body of the adjacent municipality.
(3)
No recommendations shall be made by the Planning Commission until
the Township has received the written report of the County Planning
Commission, the Township Engineer, the Pennsylvania Department of
Environmental Protection (PADEP), the Chester County Health Department
and the Department of Transportation (PennDOT), if applicable, and
the approval of the Chester County Conservation District; provided,
however, that if these reports are not received within 30 days after
transmittal of the detailed final plan to these agencies, then the
Planning Commission may act without having received and considered
such report.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Board of Supervisors.
(1)
When a recommendation on a detailed final plan has been submitted
to the Board of Supervisors by the Planning Commission, such plan
shall be placed on the agenda of the Board of Supervisors for review
and action.
(2)
Upon receipt of the Planning Commission's recommendation and other supporting information, the Board may, at one or more regular or special public meetings, review the detailed final plan and shall, within the time limitations set forth in § 315-20B(4) of this chapter, either approve, approve with conditions, or disapprove the plan.
(3)
Whenever the approval of a detailed final plan is subject to conditions,
the written action of the Board shall: a) specify each condition of
approval; and b) require the applicant's written agreement to the
conditions. Such conditions shall be met or complied with within one
year of final plan approval, or final plan approval shall become null
and void.
(4)
No approval of the detailed final plan shall be granted by the Board
until notification of PADEP's approval of the sewage facilities planning
module has been received by the Board. Should such notification not
be received within the time limitations for detailed final plan approval
in accord with the Act, the time limitations shall be extended for
not more than 90 days at the written request of the applicant. If
the applicant refuses to provide such written request, approval of
the detailed final plan shall be denied.
(5)
If the final plan is not approved as submitted, the decision shall
specify the deficiencies found in the plan, shall describe the requirements
that have not been met, and shall, in each case, cite the provisions
of the ordinance relied upon.
(6)
Notwithstanding the foregoing procedure, the Board should render
a decision on all detailed final plans and communicate it to the applicant
as required by the Act (the Municipalities Planning Code).
(7)
The decision of the Board should be in writing and should be communicated
to the applicant as required by the Act.
(8)
If at any time the applicant submits a substantially revised final
plan, it shall be deemed a new application and shall not be accepted
unless it is accompanied by a new application and appropriate fees.
(9)
Copies of the detailed final plan, as finally approved with the appropriate
endorsement of the Board, shall be distributed as follows:
(a)
At least five copies to the applicant, of which two shall be recorded in accordance with § 315-27.
(b)
One copy to the County Health Department.
(c)
One copy to be retained in the Township files.
(d)
One copy to the Township Engineer.
(e)
One copy to the Fire Company having jurisdiction.
(f)
One copy to the Department of Environmental Protection.
(10)
The Board shall require that the owners supply a title insurance
certificate from a reputable company before any property may be accepted
by the Township.
(11)
A mediation option may be utilized by the Board as an aid in
completing proceedings authorized by this section. In exercising such
an option, the Board and mediating parties shall meet the stipulations
and follow the procedures set forth in Section 908.1 of the Pennsylvania
Municipalities Planning Code[1] and § 390-219 of Chapter 390, Zoning, of the Township's Code.
[Added 12-26-2001 by Ord.
No. 112]
[1]
Editor's Note: See 53 P.S. § 10908.1.
D.
Where a subdivision plan has been approved and recorded under the
terms and conditions of this chapter, purchasers and mortgagees of
lots in the subdivision shall be relieved of any and all liability
from any deficiency in, lack of, or failure to complete the necessary
grading and paving of streets and other street improvements, including,
where specified in the approved plan, curbs, sidewalks, streetlights,
fire hydrants, water mains, sanitary sewers and storm sewers. Failure
to complete or properly complete said improvements shall not encumber
any or all of the lots in the subdivision.
E.
Conditions of final plan approval. Approval of any detailed final
plan shall, in addition to any other applicable provisions of this
chapter, be subject to the following conditions:
(1)
The landowner shall execute a subdivision and land development agreement in accordance with § 315-25.
(2)
Where applicable, the landowner shall execute an escrow agreement or other performance guarantee in accordance with § 315-26.
(3)
Whenever the landowner is providing 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 or an organization acceptable to the Township.
(4)
Receipt of all permits, final approvals or waivers required by federal,
state and county agencies for development in accord with the final
plan, including, but not limited to, the United States Fish and Wildlife
Service, the United States Army Corps of Engineers, the Pennsylvania
Department of Environmental Protection, the Pennsylvania Department
of Transportation, the Public Utility Commission, the Chester County
Health Department, and the Chester County Conservation District.
Plans shall be submitted to the following agencies:
A.
Chester County Planning Commission. One copy of all preliminary plans,
a copy of the sewage facilities planning module, a referral letter
endorsed by an official of the Township, and sufficient fee shall
be submitted to the Chester County Planning Commission for review
and comment. One copy of all detailed final plans, approved and signed,
shall be provided to the Commission prior to recording.
B.
Chester County Health Department. Two copies of all preliminary plans,
a copy of the sewage facilities planning module and a referral letter
shall be submitted to the Chester County Health Department in accord
with PADEP and Health Department regulations and procedures for review
of matters relating to adequacy of the site to sustain on-site water
and/or sewage disposal system. Two copies of all detailed final plans,
approved and signed, shall be submitted to the Chester County Health
Department.
C.
Chester County Conservation District. One copy of preliminary plans
shall be submitted by the applicant to the Chester County Conservation
District for review of matters relating to drainage, stormwater management,
and abatement of soil erosion. Costs for such review shall be paid
by the applicant.
D.
Upon request by the Township, the applicant shall submit such additional
prints of all plans as may be necessary for forwarding by the Township
to any other agencies for their review.
[Added 12-26-2001 by Ord.
No. 112]
A.
Any municipality contiguous to the Township of West Vincent that believes its citizens will experience harm as the result of an applicant's proposed subdivision or land development located in the Township of West Vincent may request the Board of Supervisors to participate in a mediation process. If the mediation process is agreed to by the Board of Supervisors, the municipalities shall comply with the procedures set forth in § 390-219 of Chapter 390, Zoning, of the Township's Code. The cost of the mediation shall be shared equally by the municipalities unless otherwise agreed. The applicant shall have the right to participate in the mediation.
B.
The governing board of any contiguous municipality may appear and
comment before the Board of Supervisors and/or Planning Commission
of the Township of West Vincent considering a proposed subdivision
or land development application.
The applicant shall execute an agreement, to be approved by
the Township, pending the review of the Township Solicitor, before
the final plan is released by the Board of Supervisors and filed on
record. Said agreement shall specify the following, where applicable:
A.
The applicant agrees that he will lay out and construct all streets
and other public improvements, including grading, paving, sidewalks,
fire hydrants, water mains, street signs, shade trees, storm and sanitary
sewers, landscaping, traffic control devices, open space areas, and
erosion and sediment control measures in accordance with the final
plan as approved, where any or all of these improvements are required
by this chapter or as conditions of approval.
B.
The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, in accord with § 315-26 of this chapter.
C.
The applicant agrees to have prepared a deed or deeds of dedication
to the Township for such streets, easements for sanitary and storm
sewers, sidewalks and other public improvements, provided that the
Township shall not accept dedication of such improvements until their
completion is certified as satisfactory to the Township Engineer.
D.
Whenever an applicant proposes to establish or continue a street
which is not offered for dedication to public use, the Board of Supervisors
shall require the applicant to submit and to record with the plan
a copy of an agreement made with the Board on behalf of himself and
his heirs and assigns, signed by him, and which shall establish the
conditions under which the street may later be offered for dedication.
Stipulations of such agreement shall include, but shall not be limited
to, the following:
(1)
That an offer to dedicate the street shall be made only for the street
as a whole.
(2)
That the Township shall not be responsible for repairing or maintaining
any undedicated streets.
(3)
That the method of assessing repair and maintenance costs of undedicated
streets be stipulated and be set forth in recorded deed restrictions
so as to be binding on all successors or assigns.
(4)
That, if dedication is to be sought, the street shall conform to
Township specifications or that the owners of the abutting lots shall,
at their own expense, bring the streets into conformance with Township
specifications.
A.
No plan shall be finally approved unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter, and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by this chapter have been installed in accordance with the standards and requirements of this chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plan, including improvements or fees required pursuant to § 315-26F of this chapter, the applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including but not limited to streets and roads, walkways, curbs, gutters, streetlights, 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 G hereof, water mains and other water supply facilities, fire hydrants and sanitary sewage disposal facilities. The financial security shall also include amounts sufficient to cover the costs of as-built drawings; legal fees for recording, dedication of improvements, etc.; construction stake-out; engineering review and site inspections; monumentation; and testing requirements. The applicant shall itemize each improvement separately on a unit basis. The applicant shall not be required to provide financial security for the costs of any improvements for which financial security is required by and provided to the Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945, (P.L. 1242, No. 428), known as the "State Highway Law."[1]
[Amended 12-26-2001 by Ord. No. 112]
[1]
Editor's Note: See 36 P.S. § 670-420.
B.
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 agrees
that it will submit to Pennsylvania jurisdiction and Chester County
venue in the event of legal action.
C.
The said financial security shall provide for, and secure to the
public, the completion of all subdivision improvements for which such
security is being posted within one year of the date fixed in the
subdivision plan and subdivision agreement for completion of such
improvements.
D.
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:
(1)
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 and review of such bids for
completeness and reasonableness by the Township Engineer; or
(2)
In the absence of such bona fide bids, the amount of financial security
shall be based upon an estimate of cost of completion of the required
improvements, submitted by an applicant or developer and prepared
by a professional engineer and certified by such engineer and the
Township Engineer to be a fair and reasonable estimate of such cost.
E.
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.
F.
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 stage 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.
G.
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 municipality, 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.
H.
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 to be released from time to time such portions of the financial security necessary for payment to the contractor or 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 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, less the 10% retainage specified in Subsection J below.
I.
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.
J.
The Board of Supervisors shall, 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 Board may release the amount in retainage at the time of substantial
completion of the entire project.
A.
Upon completion of the procedures outlined under this article, all
endorsements shall be indicated on the record plan and on as many
other copies of the final plan as may be desired. No subdivision plan
may be legally recorded unless it bears the seal of the Township.
B.
Copies of the final plan as finally approved, with the endorsement
of the Board of Supervisors and the Township Engineer, shall be distributed
as follows:
(1)
At least five copies, four of which shall be presented at the Chester
County Recorder of Deeds (one copy to be retained by the Recorder
of Deeds, one copy for the County Tax Assessment Office, one copy
for the County Health Department, and one copy for the applicant)
and one of which shall be retained by the Chester County Planning
Commission, shall be given to the applicant.
(2)
One copy to be retained in the Township together with one copy of
all supporting materials.
(3)
One copy to the Township Engineer.
C.
Within 90 days of final approval by the Township Board of Supervisors
or 90 days after the date of delivery of an approved plan signed by
the Board of Supervisors following completion of conditions imposed
for such approval, whichever is later, the plan for subdivision shall
be recorded in the office of the Recorder of Deeds of Chester County
by the Township.
[Amended 12-26-2001 by Ord. No. 112]
D.
If any homeowners' association documents, deed restrictions, covenants,
or easements are included in the filing and recording of the subdivision,
the applicant shall notify the Township in writing of such restrictions
on the use of the properties being recorded and shall provide the
Township with proof of such recording.
E.
The applicant shall supply the Township with one reproducible copy
of the subdivision or land development plan and two copies of the
plan in digital format in the type and format requested by the Township
to be retained by the Township.
A.
The applicant shall be required to pay such fees at such time to
the Township Secretary as shall be set forth by resolution of the
Board of Supervisors. Fees may be required for, but not limited to:
submission of preliminary plan, submission of final plan, deed of
dedication, field inspections (if any), and material tests (if any).
Any fees required shall be directly related to the processing of plans.
B.
Fees shall be collected by the Township Secretary in the same manner
as all other stated fees are collected.
C.
Once the applicant has submitted any stage of his subdivision plan
in the required procedure and has paid the required fee, no portion
of such fee shall be refunded despite the fact that the applicant
may abandon the plan.
D.
After approved plans have become null and void, under conditions
described in this article, any fees paid for said plans or by the
same applicant for plans for other lands, shall not apply to any subsequent
plans.
A.
No construction or land disturbance activities shall be commenced
until the applicant submits to the Township Secretary a copy of the
Recorder of Deeds' receipt for recording of the final plan. Soil and
percolation testing, well drilling, and similar engineering or surveying
activities are excepted from this restriction.
B.
No construction or land disturbance activities shall be commenced
until a preconstruction meeting or conference has been held with representatives
of the developer, County Conservation District, Township Engineer,
and the Board of Supervisors.
C.
For developments involving individual on-site or community sewage
systems, no construction or land disturbance activities shall be commenced
until the primary and reserve absorption areas are delineated and
fenced to prevent soil disturbance and damage.
D.
No building permit under Chapter 390, Zoning, of the Township's Code shall be issued for any building in any subdivision or land development until the final plans for the said subdivision or land development have been approved and recorded as provided for and until the terms of § 315-29A have been satisfied.
E.
No building permit shall be issued until a copy of the title search
to the subdivided lots has been submitted to the Township.
F.
No building permit shall be issued until the stone base course for
the road or driveway providing access to the lot has been installed
by the developer and approved by the Township Engineer or the Building
Inspector.
G.
Where final subdivision or 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.
H.
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
and from any applicable federal, county or local agencies.
Land sales or auctions of anything other than a complete tax
parcel, whether new streets or easements are involved, shall be considered
a subdivision. Final plan approval for such a subdivision shall be
obtained before advertising of the sale or auction, so that sale and
offers to sell shall be with reference to an approved final subdivision
plan.
The continuing validity of any approval of plans in accordance
with this article shall be subject to those limitations established
by Section 508(4) of the Pennsylvania Municipalities Planning Code,
as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
Major modification of the approved plan, as determined by the
Township, shall be resubmitted and reprocessed in the same manner
as the original plan. All site disturbance activities shall cease
and all site disturbance activity performed prior to such resubmission
shall be established to the satisfaction of the Township pending approval
of modified plans.
