This article includes procedures for processing and reviewing
applications for subdivision and land development.
A.
Referrals. All preliminary and final subdivision or land development
plans shall be referred to and reviewed by the Planning Commission
and shall be approved or disapproved by the Board of Supervisors in
accordance with the procedures specified in this article and in other
sections of this chapter.
B.
Overview of procedures. The following steps shall be followed sequentially, and may be combined only at the discretion of the Township. Section 185-16B(1), (4), and (5) below are optional but are encouraged as recommended steps that will speed the review process and may result in lower costs for the project. All plans shall be submitted in electronic format (the format is to be determined by contacting the Township Secretary).
(1)
Preapplication meeting (optional).
(2)
Submission of existing resources and site analysis plan, as described in § 185-18C of this article.
(3)
Site inspection by Planning Commission and applicant.
(4)
Sketch plan preapplication conference (optional)
(5)
Submission of sketch plan overlay and review (optional)
(6)
Submission of preliminary plan, preliminary resource conservation plan and sewage planning module: review by Township and County Planning Commissions, Township Engineer and County Health Department, and approval by the Supervisors on advice of the Planning Commission. (In the Flexible Rural Residential District, the four-step design process described in § 185-29 of this chapter shall be followed.)
(7)
Final plan, including information contained in the preliminary plan
(8)
Approval conditions, documentation of all other agency approvals,
as applicable.
(9)
Final plan submission: determination of completeness, review, and
approval or disapproval.
(10)
Action and signature by Board of Supervisors
(11)
Recording of approved final plan by the Chester County Planning
Commission and recording by Chester County Recorder of Deeds
Subdivisions that meet the following conditions shall be classified as minor subdivisions and may be submitted as final plans required in § 185-14 of this chapter. The Board of Supervisors may waive the submission of any required item in § 185-14 upon finding that the submission of such item is not necessary for the preservation of any sensitive environmental feature. All other plans shall be submitted pursuant to the requirements of § 185-13 of this chapter.
B.
Lot line adjustments. Changes to lot lines between existing lots
in single and separate ownership shall be permitted when:
(1)
No lot or tract is created which is smaller than any minimum area as required by Chapter 240, Zoning, or which is capable of bring further subdivided; and
(2)
Drainage easements or rights-of-way are not altered; and
(3)
Access to affected parcels is not altered; and
(4)
Street alignments are not altered; and
(5)
No new lots are created.
A.
Applicability. A sketch plan (§ 185-12 of this chapter) is strongly encouraged for all proposed minor or major subdivisions. Sketch plan overlay sheets 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 Planning Commission, and shall not commence the review period as required by § 508 of the Pennsylvania Municipalities Planning Code.[1] The procedures for submission of a diagrammatic sketch
plan overlay sheet are described below, and may be altered only at
the discretion of the Township.
[1]
Editor's Note: See 53 P.S. § 10508.
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 shall prepare and furnish an existing resources and site analysis plan in accordance with the requirements contained in § 185-13D of this chapter. The purpose of this submission is to familiarize Township officials with existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for them in making a site inspection. This plan shall be provided prior to or at the site inspection, and shall form the basis for the diagrammatic sketch plan (or the preliminary plan, if the optional sketch plan is not submitted).
D.
Site inspection. After preparing the existing resources and site
analysis plan, the applicant shall arrange for a site inspection by
the Planning Commission and other Township officials. The applicant,
site designers, and the landowner are encouraged to accompany the
Planning Commission. The purpose of the visit is to familiarize Township
officials with the parcel's existing conditions and special features,
to identify potential design issue and discuss site design concepts,
including the general layout of greenway lands (if applicable), and
potential locations for proposed buildings and street alignments.
E.
Presketch conference. Following the site inspection and prior to
the submission of a sketch plan, the applicant shall 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 four-step
design procedure described in this chapter, where applicable. At the
discretion of the Planning Commission, this conference may be combined
with the site inspection.
F.
Sketch plan submission and review.
(1)
The sketch plan, meeting the requirements set forth in § 185-12B of this chapter, should be submitted to the Township Secretary during business hours for distribution to the Board of Supervisors, the Planning Commission, and the Engineer at least 14 days prior to the Planning Commission meeting at which the sketch plan is to be discussed. The sketch plan illustrates initial thoughts about a conceptual layout for greenway lands, house sites, and street alignments, and shall be based closely upon the information contained in the existing resources and site analysis plan. The sketch plan should also be designed in accordance with the four-step design process described in § 185-29, and with the design review standards listed in this chapter.
[Amended 1-14-2019 by Ord. No. 2019-01]
(2)
The Planning Commission shall review the sketch plan in accordance
with the criteria contained in this and other applicable ordinances.
It shall provide informal dialogue with the applicant and advise him/her,
as promptly as reasonably possible, of the extent to which the proposed
subdivision or land development conforms to the 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:
(a)
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 Map 3-4 ("Scenic, Historic and Cultural
Resources Map") of the Newlin Township Open Space, Recreation and
Environmental Resources Plan;
(b)
The potential for street connections with existing streets,
other proposed streets, or potential developments on adjoining parcels;
(c)
The location of proposed access points along the existing road
network;
(d)
The proposed building density and impervious coverage;
(e)
The compatibility of the proposal with respect to the objectives
and policy recommendations of the Unionville Area Regional Comprehensive
Plan and the Open Space, Recreation and Environmental Resources Plan;
and
(3)
The Planning Commission may request the applicant to submit additional
drafts of the sketch plan to ensure that its comments have been properly
incorporated into the revised plan.
A.
Preliminary plan. Applicants shall submit to the Township Secretary,
at least three weeks prior to the date of the next regularly scheduled
Planning Commission meeting at which official review is requested,
15 copies of a complete preliminary plan and all other required documents
and information, including the same number of copies of the existing
resources and site analysis plan drawn at the same scale (generally
one inch equals 100 feet or one inch equals 200 feet, at the discretion
of the Zoning Officer). All applications shall be accompanied by full
payment of the required fees and escrow deposits established in accordance
with the terms of this chapter for proposed subdivisions. The Township
Secretary shall note the date of receipt of the application, fees,
and escrow deposit.
B.
Date of receipt. The said date of receipt is subject to review by
the Township Secretary and the Board of Supervisors to determine if
all required materials, fees and escrow deposits have been submitted
by the applicant. If the application is defective or incomplete, the
applicant shall be notified orally or in writing within 15 days of
the date of receipt and the application shall be null and void, and
shall be returned to the applicant. If no such notice is given to
the applicant that the application is defective or incomplete, then
the date of filing is the date of the Planning Commission meeting
next following the Board of Supervisors' receipt of the complete application.
The Planning Commission meeting date shall occur within 30 days of
the date of the application's receipt by the Board of Supervisors.
C.
The applicant shall be responsible to notify all adjoining landowners,
in writing, that the application has been filed and provide the date,
time and location of the next regularly scheduled meeting of the Planning
Commission when the application will be considered. Adjoining land
is defined as property contiguous to the subject property including
if separated by roadway, right-of-way or water body. The notice shall
be sent by regular mail and certified mail, return receipt requested,
to each adjoining landowner and mailed at least 10 days prior to the
Planning Commission meeting when the application will be considered.
The names and addresses of the adjoining property owners shall be
obtained from the records of the Chester County Tax Assessment Office.
At the Planning Commission meeting, the applicant shall provide a
copy of each notification letter sent and certified green cards, if
available. Review of the application shall not proceed unless such
copies are provided.
[Added 1-14-2019 by Ord.
No. 2019-01]
A.
Planning Commission review.
(1)
The 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, Chapter 240, Zoning, and any other relevant ordinances.
(2)
After such review, the Planning Commission shall forward its recommendations
and comments both to the Board of Supervisors and to the applicant,
and shall cite specific sections of the statutes or ordinances relied
upon.
(3)
If the applicant authorizes an extension of this review period, a
written authorization to this effect shall be signed in duplicate,
with a file copy being retained by the Planning Commission and by
the applicant.
B.
Board of Supervisors review.
(1)
When the Planning Commission has officially submitted the recommendations
on the preliminary plan to the Board of Supervisors, such recommendations
shall be placed on the Board of Supervisor's agenda for review and
action.
(2)
In acting on the preliminary subdivision or land development plan,
the Board of Supervisors shall review the plan and the written comments
of the Township Engineer, the Planning Commission, the County Planning
Commission and Health Department and all other reviewing agencies,
and comments from public hearings. The Board of Supervisors may specify
conditions, changes, modifications or additions 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 preliminary plan is subject to conditions, the written
action of the Board of Supervisors shall:
(3)
If the preliminary plan is not approved, the Board of Supervisor's
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 provisions of this chapter relied upon.
(4)
Notwithstanding the foregoing procedure, unless the applicant extends
the period for decision, the Board of Supervisors shall render a decision
on all preliminary plans not more than 90 days from the date of the
first regular meeting of the Planning Commission held after the complete
application was filed. 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.
(5)
The decision of the Board of Supervisors 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 Municipalities Planning Code.
(6)
At the time a revised plan is submitted, it shall be accompanied
by the applicant's written and executed authorization of the period
for decision.
(7)
The decision of the Board of Supervisors shall also be communicated
to the governing body of any adjacent municipality, if the plan includes
land in that Township and/or directly abuts its boundaries.
A.
Submission within one year of approval of conditional plan. 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. The final plan shall meet the requirements
set forth in this chapter. It shall also conform to the preliminary
plan as previously reviewed by the Planning Commission and the Board
of Supervisors, and shall incorporate all modifications required by
the Township in its review of the preliminary plan.
B.
Phased submission. The Board of Supervisors may permit submission
of the final plan in phases, each covering not less than 25% of the
entire proposed development as shown on the approved preliminary plan,
provided that the first final plan phase shall be submitted within
one year after approval of the preliminary plan. Each subsequent phase
shall be submitted within one year of approval of the previous phase,
provided all phases have been submitted within five years of original
approval.
C.
Failure to file final plan. Unless the filing deadline in this chapter
is waived or extended by the Board of Supervisors, 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
pay the fee for preliminary plan approval.
D.
Contents of final plan. Official submission of the 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)
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 final plan, including, but not limited to, applications
or notices provided to the U.S. Army Corps of Engineers, the U.S.
Department of Agriculture Soil Conservation District, the U.S. Environmental
Protection Agency, PADEP, or the Department of Transportation (PennDOT)
and the County Department of Health.
(3)
Payment of application fees and deposit of escrow, if required, for
plan review costs.
E.
Number of copies. Fifteen copies of the 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 of Supervisors. The Township Secretary shall note the
date of receipt and shall then forward:
(1)
Five copies of the final plan and application to the Planning Commission;
and
(2)
One copy to the Township Engineer;
(3)
Two copies to the Board of Supervisors;
(4)
Two copies for the Township files;
(5)
One copy, referral letter and sufficient fee to the Chester County
Planning Commission;
(6)
One copy to other state and county agencies, including the Chester
County Health Department;
(7)
One copy to the governing body of any adjacent municipality if the
tract to be subdivided abuts or lies partially in that municipality;
(8)
One copy of the sedimentation and erosion control plan and application
form to the U.S. Department of Agriculture's Natural Resources Conservation
Service.
(9)
One copy of final as-built plan and title plan showing all final
elements of the development approved addressed to the Township Secretary.
A.
General.
(1)
The final plan shall conform in all important respects to the 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.
(2)
The final plan and supporting data (including reports from PADEP, the Chester County Board of Health, the Chester County office of the USDA Natural Resources Conservation Service, and the Chester County Planning Commission) shall comply with the provisions of this chapter and those of Chapter 240, Zoning.
B.
Planning Commission review.
(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 240, Zoning.
(2)
After such review, and within 60 days of the submission of a complete
final plan package, the Planning Commission shall forward its recommendations,
and its reasons to the Board of Supervisors and the applicant. If
the plan includes land in any adjacent municipality and/or 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, PADEP, the Chester County Health
Department and the Department of Transportation, if applicable, and
the approval of the Chester County Soil Conservation District; provided,
however, that if these reports are not received within 30 days after
transmittal of the 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 review.
(1)
During or before the final plan review process, the Board of Supervisors
should complete its review of the proposed Sewage Facilities Planning
Module in accordance with PADEP and Chester County Health Department
regulations and procedures. When approved or adopted by the Board
of Supervisors, the Planning Module shall be forwarded to PADEP for
review and approval.
(2)
No approval of the final plan shall be granted by the Board of Supervisors
until notification of PADEP's approval of the Sewage Facilities Planning
Module has been received by the Board of Supervisors. Should such
notification not be received within the time limitations for final
plan approval in accord with the Act, the time limitations shall be
extended upon the authorization of the applicant.
(3)
When a recommendation on a 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.
(4)
Upon receipt of the Planning Commission's recommendation and other
supporting information, the Board of Supervisors 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,
approve with conditions, or disapprove the plan. Whenever the approval
of a final plan is subject to conditions, the written action of the
Board of Supervisors shall:
(5)
If the final plan is not approved, 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
this chapter relied upon.
(6)
The decision of the Board of Supervisors shall be in writing and
should be communicated to the applicant as required by the Pennsylvania
Municipalities Planning Code.
(7)
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 the applicant's withdrawal of the previous
plan. No new application fee shall be required for any revision submitted
within two years of the first preliminary plan application.
(8)
Copies of the final plan, as finally approved with the endorsement
of the Board of Supervisors, shall be distributed as follows:
(a)
At least three copies to the applicant of which two shall be
recorded in accordance with this chapter.
(b)
One copy to the Township Planning Commission.
(c)
One copy to the County Planning Commission.
(d)
One copy to the County Health Department.
(e)
One copy to be retained in the Township files.
(f)
One copy to the Township Engineer. If a new street is proposed,
an additional as-built plan with deed of dedication application shall
be submitted.
(9)
The Board of Supervisors may require that the owners supply a title
insurance certificate from a reputable company before any property
may be accepted by the Township.
(10)
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.
D.
Conditions of final plan approval. Approval of any 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 this chapter.
(2)
Where applicable, the landowner shall execute an escrow agreement
in accordance with this chapter.
(3)
The landowner agrees, if requested, to tender to the Township a deed
of dedication in a form satisfactory to the Township Solicitor for
streets and improvements thereto, including street paving, water mains,
fire hydrants, storm sewers, inlets, pumping stations and other appurtenances
as shall be constructed as public improvements within the public right-of-way,
and are required for the promotion of public welfare, after all streets
and improvements to be dedicated to the Township are completed and
are certified as being satisfactory by the Township Engineer. The
Board of Supervisors may require that the applicant provide a certificate
from a duly licensed title insurance company certifying that the title
to be conveyed is good and marketable, free of all liens and encumbrances,
except utility easements, before any property is accepted by the Township.
(4)
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 a conservation organization acceptable to the
Township.
(5)
The landowner shall submit to the Township all required permits,
approvals or waivers from agencies having jurisdiction over ancillary
matters necessary to effect the subdivision or land development, such
as Pennsylvania Departments of Transportation, Environmental Protection
or Public Utility Commission, U.S. Army Corps of Engineers or Department
of Agriculture Natural Resources Conservation Service and Chester
County Health Department.
(6)
All final approvals or waivers required by federal, state and county
agencies for development in accord with the final plan, including,
but not limited to, approval of the Sewage Facilities Planning Module
by the PADEP, approval by the U.S. Department of Agriculture Natural
Resources Conservation Service, and a highway occupancy permit, if
required, from PennDOT shall be presented to the Township.
E.
Disclosure of plan information. Prior to agreeing to the sale of
any lot within a development plan, the developer shall provide to
prospective purchasers a copy of the approved subdivision plan and
all associated terms and conditions imposed on the plan as conditions
of approval by the Township, and shall secure a statement from prospective
purchasers that they have been offered an opportunity to review the
plan.
A.
Modifications. Applicants may request that one or more of the provisions
of this chapter be waived or modified by the Board of Supervisors
when the literal enforcement and compliance with such provisions is
shown to the satisfaction of the Board of Supervisors to be unreasonable,
to cause undue hardship, or when an alternative can be demonstrated
to provide equal or better results, provided that such modification
is not contrary to the public interest and that the purpose and intent
of this chapter is observed. Requests for waivers or modifications
shall follow the following procedures:
(1)
Requests for waivers. All requests for waivers or modifications shall
be in writing and shall accompany and be a part of the application.
The request shall fully state the grounds and facts of unreasonableness
or hardship on which the request is based, the provisions of this
chapter involved, and the proposed minimum modification or alternative
standard. The request shall be accompanied by a plan prepared at least
to the minimum standards as required for a sketch plan. Requests for
waivers shall be submitted with the sketch plan or the preliminary
plan.
(2)
Waiver requests submitted to the Planning Commission. The request
shall be referred to the Newlin Township Planning Commission and Township
Engineer for advisory comments.
B.
Action by the Board of Supervisors. The Board of Supervisors shall
review the request at a public meeting to determine if the literal
compliance with any mandatory provision of this chapter is demonstrated
by the applicant to be unreasonable or shall represent an undue hardship,
and shall determine if the proposed alternative standard provides
equal or better results, and whether the proposed modification is
consistent with the public interest and that the intent of this chapter
is preserved. The applicant shall demonstrate that the modification
is the minimum necessary. If the Board of Supervisors finds that the
applicant has met the standards in this paragraph, the Board shall
grant the waiver.
C.
Written records of waivers. The Board of Supervisors shall maintain
a written record of all actions on all requests for modifications.
Approvals shall be in writing and shall describe the specific waiver
that has been granted. Denials of requested waivers shall also be
in writing and shall specify the grounds for the denial.
