This chapter shall be known as and may be cited as "The Elverson Borough Subdivision and Land Development Ordinance of 2018," as may be amended from time to time.
The purpose of this chapter is to support the policies (goals and objectives) of the Elverson Borough Comprehensive Plan (2014), as amended, the Elverson Borough Strategic Plan (2012), as amended, and to support and complement the provisions of the Elverson Borough Zoning Ordinance (2018), as amended, and the following purposes:
A. 
To protect and promote public safety, health and welfare.
B. 
To secure sites suitable for building purposes and human habitation while protecting the natural and historic resources.
C. 
To accomplish coordinated development of the Borough.
D. 
To provide for the general welfare by guiding and protecting community character and amenities while providing for development of future governmental, economic, practical, social and cultural facilities, as well as the improvement of governmental processes and functions.
E. 
To guide uses of land and structures, type and location of streets, public grounds, and other facilities.
F. 
To permit the Borough to minimize such problems as may presently exist or which may be foreseen.
G. 
To allow innovative, quality subdivision design.
H. 
To allow for flexibility in subdivision design.
A. 
Subdivision control. No subdivision or resubdivision of a lot, tract or parcel of land shall be affected, and no street, sanitary sewer, storm drain, water main, or other facility in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel, or for the common usage of the occupants of the buildings abutting thereon, except in strict accordance with the provisions of this chapter.
B. 
Land development control. No excavating, filling or grading of the soil, and no construction, demolition, or installation which directly or indirectly disturbs the soil, except in the process of gardening or farming operations, shall be effected, nor shall any structure or building, whether prefabricated, precut, preassembled, or otherwise, be erected or placed on any lot, tract or parcel of land, except in strict accordance with the provisions of this chapter.
C. 
Sale of lots, issuance of construction or building permits, or erection of buildings or on-site improvements. In a subdivision, no lot may be used or sold, no construction or building permit may be issued, and no building or other structure may be erected, unless and until:
(1) 
A plan for such subdivision has been approved and fully recorded; and
(2) 
A grading plan, including a complete conservation plan for erosion and sediment control, has been duly approved; and
(3) 
Until either the required public improvements in connection therewith shall have been constructed; or
(4) 
The Borough has been assured, by means of a proper completion guarantee in the form of an acceptable bond or deposit of funds or securities in escrow sufficient to cover the cost of all required public improvements, as may be established by the Borough Engineer or authorized representative acting on behalf of Borough Council, that such public and on-site improvements will subsequently be installed by the subdivider or owner of the property.
A. 
A subdivision or land development shall be in conformity with this chapter and all standards and specifications adopted as part of this chapter.
B. 
In the interpretation and application of the provisions of this chapter, the said provisions shall be held to be minimum requirements for the promotion and protection of the public health, safety, and welfare. Where the provisions of this chapter and all standards and specifications adopted under it impose greater restrictions than those of any statute, other ordinance or regulations, the provisions of this chapter and its standards and specifications shall be controlling. Where the provisions of any statute, other ordinance or regulations impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall be controlling.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be unconstitutional, illegal or invalid, such decision shall not affect the validity of the chapter as a whole or any other part thereof.
The Borough Council shall have jurisdiction and control of subdivision and land development within the Borough limits. In order that the actions of the Borough Council under this chapter may be correlated with all relevant data and procedures, Council hereby designates the Borough Planning Commission as the agency of the Borough Council:
A. 
To which all applications relating to either preliminary or final approval of subdivision and land development plans shall be referred upon submission to Borough Council;
B. 
With which applicants shall hold all preliminary consultations relating to the plans;
C. 
Which shall make recommendations to Borough Council concerning approval, disapproval, modification and conditions of approval of such plans; and
D. 
Which shall make recommendations to Borough Council concerning the interpretation of and the granting of waivers to the provisions and standards of this chapter.
A. 
In any case in which an applicant demonstrates to the satisfaction of the Borough Council that literal compliance with any provisions of this chapter would be unreasonable, would cause undue hardship as applied to the proposed subdivision or land development, or when alternative standard(s) can be demonstrated to provide equal or better results, in accordance with Section 503(8) of Act 247, the Council may grant a modification or waiver to such provision(s), provided that the spirit and intent of this chapter is observed and that the public health, safety and welfare is assured.
B. 
All requests for a modification shall be in writing and shall accompany and be a part of the application for subdivision or land development. The request shall state in full the grounds and facts upon which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary.
C. 
In granting modifications, the Borough Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements so modified.
The purpose of this section is to review all steps in the plan preparation, submission and review process, to enable applicants to easily follow the process established by Elverson Borough, and thereby avoid unnecessary expense or delay. References in this section are instructive only and nothing in this section shall be construed as preempting or waiving any other applicable provision of this chapter.
A. 
Preliminary steps.
(1) 
The applicant shall review the Elverson Borough Comprehensive Plan, the Open Space and Recreation Plan, the Sewage Facilities Plan, the Strategic Plan, and the Zoning Ordinance prior to initiation of any application for plan approval.
(2) 
While optional, it is strongly recommended that the applicant have an informal discussion of potential subdivision or land development plans with representatives of the Elverson Borough Planning Commission and other Borough boards/committees, as appropriate, to facilitate familiarity and understanding of community planning objectives, prior to initiation of any formal application for plan approval.
(3) 
Site analyses. It is recommended that the applicant carefully review the specific site analysis plan requirements in Article V, and become familiar with the subject property in the context of required site analyses.
B. 
Sketch plan submission and review. The sketch plan submission and review process comprises a period of informal discussion between the applicant and the Elverson Borough Planning Commission. It is an important part of the plan approval process. The sketch plan process aims to reconcile individual and community planning objectives, to demonstrate general feasibility of proposed development, and to resolve critical planning issues prior to undertaking of full-scale engineering. Early resolution of critical planning issues can avoid expensive revisions later in the process. Sketch plan submission does not constitute official submission of a plan to the Borough. Where appropriate, a sketch plan also may be submitted to the Chester County Planning Commission for informal review and comment.
(1) 
Sketch plan submission requirements. Formal submission requirements are not prescribed for sketch plans. The applicant is requested to abide by the requirements of § 240-401 to the greatest degree feasible in terms of scale and level of detail of information.
(2) 
Site analyses. It is strongly recommended that sketch plan submissions be accompanied by site analyses including all information required under Article V, as available at the time of sketch plan submission. Where required, information submitted in the course of application for conditional use approval may serve the purposes of sketch plan submission.
(3) 
At least one week prior to the first meeting of the Borough Planning Commission at which the applicant requests sketch plan discussion, the applicant shall supply the Borough with four or more copies of sketch plans and accompanying site analyses, in accordance with § 240-303C.
(4) 
Site visit. It is recommended that the applicant seek to schedule a site visit with representatives of the Planning Commission and other Borough boards and committees, as applicable, to familiarize all parties with potentially diverse development and community planning objectives in accordance with § 240-302C.
(5) 
Planning Commission review. The Planning Commission and/or a subcommittee thereof shall be available to review and discuss sketch plan(s) with the applicant at mutual convenience. Following such review/discussion, the Planning Commission shall, at regularly scheduled meetings as needed, make recommendations to the applicant in accordance with § 240-304, offering direction to his/her formal preliminary plan preparation and submission.
C. 
Preliminary plan submission and review. The preliminary plan review and approval process is dedicated to demonstration of the feasibility of proposed development to fully comply with all applicable regulations. It may involve extensive survey, engineering, soils testing and other environmental investigation to fully resolve critical planning issues. Thus, it is recommended that the applicant submit preliminary plans for review only after satisfactory resolution of basic planning concerns and establishment of general feasibility of development through the sketch plan process (Subsection B above).
(1) 
Filing and review fees. Submission of the preliminary plan shall not be deemed complete unless accompanied by required filing and review fees in accordance with § 240-902.
(2) 
Preliminary plan submission requirements. Preliminary plan submission shall conform to the requirements of § 240-304 and shall include the following:
(a) 
Site analyses in accordance with the provisions of Article V.
(b) 
Subdivision/land development plans.
(c) 
Stormwater management plan, per Chapter 225, Stormwater Management, of the Code.
(d) 
Erosion/sedimentation control plan, per § 240-402C(5).
(e) 
Grading plan, per § 240-402C(6).
(f) 
Landscape plan, per § 240-609B.
(g) 
Preliminary open space management plan, in accordance with § 290-1226F(3) of Chapter 290, Zoning, of this Code, where applicable.
(3) 
The applicant shall submit multiple copies of all plans and other submission in accordance with § 240-304D.
(4) 
Documentation, as required under § 240-402C, shall be referred by the Borough to the Planning Commission, with copies distributed in accordance with § 240-304E.
(5) 
Preliminary plan review.
(a) 
The preliminary plan and all required supplementary documentation will be reviewed in accordance with § 240-304F and G. The Planning Commission will review the plan and consider comments received from other reviewing parties/agencies and make recommendation for approval, conditional approval, or denial to the Borough Council. The Council will review the plan, consider all recommendations and approve, conditionally approve, or deny approval of the plan. Council action will occur within 90 days following the date of the regular meeting of the Planning Commission next following the date of the initial submission of the complete preliminary plan, unless the applicant has granted an extension. When the next regular meeting of the Planning Commission occurs more than 30 days following the submission of the complete preliminary plan, the ninety-day period shall be measured from the 30th day following the day the plan is submitted.
(b) 
It is possible that plan revisions will be made during the course of preliminary plan review. Substantial revision to submitted plans may be deemed to constitute a new submission. Where the Borough and the applicant agree that revised plans may be considered as a continuation of original plan submission, the applicant shall submit to the Borough a written description of any substantive changes which have been made to originally submitted plans.
D. 
Final plan submission and review. The final plan is intended to finalize all planning issues and ensure provision for appropriate documentation and performance and financial guarantees. As required under § 240-305C, the final plan shall be submitted within one year of approval of the preliminary plan, unless extended by the Borough Council upon written request; the final plan shall substantially conform to the approved preliminary plan.
(1) 
Filing and review fees. Submission of the final plan shall not be deemed complete unless accompanied by any filing and review fees as may be required in accordance with § 240-902.
(2) 
Final plan submission requirements. Final plan submission shall conform to the requirements of § 240-305C and shall include the following:
(a) 
Site analyses in accordance with the provisions of Article V (site analyses submitted with the preliminary plan may suffice).
(b) 
Subdivision/land development plans.
(c) 
Subdivision and land development improvements agreement, including offer(s) of dedication, if any, as per § 240-706.
(d) 
Stormwater management plan, in accordance with Chapter 225, Stormwater Management, of the Code.
(e) 
Erosion/sedimentation control plan, per § 240-403C(2).
(f) 
Grading plan, per § 240-403C(2).
(g) 
Landscape plan, per § 240-403C(1).
(h) 
Final open space management plan, where applicable.
(i) 
Documentation of covenants and restrictions, easements, establishment of homeowners' association, etc., as applicable.
(3) 
The applicant shall submit multiple copies of all plans and other submission documentation to the Borough which shall be distributed in accordance with § 240-305H.
(4) 
Final plan review. The final plan and all required supplementary documentation will be reviewed in accordance with § 240-305I. The Borough Council will review the plan, consider all recommendations and approve, conditionally approve, or deny approval of the plan. Council action will occur within 90 days following the date of the regular meeting of the Planning Commission next following the date of the initial submission of the complete final plan, unless the applicant has granted an extension. When the next regular meeting of the Planning Commission occurs more than 30 days following the submission of the complete final plan, the ninety-day period shall be measured from the 30th day following the day the plan is submitted.
(5) 
Performance guarantees. Prior to final approval of the final plan, the applicant shall guarantee installation of all required improvements in accordance with Article VII. Performance guarantees may be released during and/or upon completion of improvements as stipulated in Article VII.
(6) 
The applicant shall provide for formal dedication and for maintenance guarantee(s) for improvements and/or lands offered to the Borough in accordance with §§ 240-706 and 240-707.
(7) 
Recording of final plan. The applicant shall file the final plan with the Chester County Recorder of Deeds within 90 days of final approval, in accordance with § 240-307.
All ordinances and part of ordinances inconsistent herewith are hereby repealed to the extent that such ordinances or parts of ordinances are inconsistent herewith. The Borough of Elverson Subdivision and Land Development Ordinance of 1998, and subsequent amendments thereto, are hereby specifically repealed.