[Ord. 8/15/1989, § 301; as amended by Ord. 99-5, 11/3/1999]
1. 
The procedures set forth in this chapter shall be followed for all subdivision and/or land development plans.
2. 
The Township Planning Commission, Township Engineer and County Planning Commission are advisory to the Township Board of Supervisors.
3. 
The preapplication review specified in § 22-302 is optional. The purpose of the procedure is to provide the developer with the advice and assistance of the Planning Commission.
4. 
The preliminary plan application specified in § 22-303 is mandatory for all land developments, subdivisions involving new streets and subdivisions involving 10 or more lots. In general, the purpose of the preliminary plan is to review detailed design and construction plans. Approval of the preliminary plan authorizes the construction of improvements and the preparation of final plans.
5. 
The final plan application specified in § 22-304 is mandatory for all subdivision and/or land development plans. In general, the purpose of the procedure is to review detailed design and construction plans and receive assurance of public improvements. Approval of the final plan authorizes the recording of the plan, the construction of buildings and the selling of land in accordance with § 22-304, Subsection 8B.
[Ord. 8/15/1989, § 302]
1. 
Applicants are urged, but not required, to discuss possible development sites and plans with the Planning Commission prior to submission of the preliminary or final plans. The purpose of the preapplication meeting is to afford the applicant an opportunity to receive the advice and assistance of the Planning Commission. Request for a preapplication review shall not constitute the formal filing of a plan.
2. 
A request for a preapplication review shall include 10 copies of a sketch plan, which includes those items listed in § 22-401, one application form (see Appendix No. 6), and a filing fee as set by resolution of the Township of Supervisors (see Fee Schedule).[1] The request shall be submitted to the Township Secretary at the Township Building on any business day; however, the Township Planning Commission will officially review a plan at a particular meeting only if the plan was filed at least 15 days prior to that meeting. The Township staff shall distribute the sketch plan to the Township Planning Commission, Township Engineer and Township Board of Supervisors.
[Amended by Ord. No. 2003-08, 9/16/2003]
[1]
Editor's Note: The form and Fee Schedule are on file in the Township offices and available via the Township website.
[Ord. 8/15/1989, § 303; as amended by Ord. 99-5, 11/3/1999]
1. 
Preliminary plan applications are required for all land developments, subdivisions involving new streets and subdivisions involving 10 or more lots.
2. 
Subdivisions involving less than 10 lots and no new street or other public improvements may be submitted as final plans in accordance with § 22-304.
3. 
Preliminary plans shall be submitted to the Township Secretary at the Township Building on any business day; however, the Township Planning Commission will officially review a plan at a particular meeting only if the plan was filed at least 25 days prior to that meeting.
4. 
Applicants are urged to submit a sewer facilities plan revision or supplement in conjunction with the preliminary plan to avoid unnecessary delays at the final plan stage.
5. 
Application Requirements.
A. 
All preliminary plan applications shall include the following:
(1) 
Twelve copies of the preliminary plan, comprised of six full-size copies and six eleven-inch by seventeen-inch copies, and four copies of all reports, notifications and certifications which are specified in § 22-402. The applicant shall also submit all plans, reports, notifications, and certifications in electronic PDF format.
[Amended by Ord. No. 2003-08, 9/16/2003; and by Ord. No. 09-2022, 12/20/2022]
(2) 
One application form (see Appendix No. 6).[1]
[1]
Editor's Note: The form is on file in the Township offices and available via the Township website.
(3) 
Filing fee as set by resolution of the Township Board of Supervisors (see Fee Schedule).[2][3]
[2]
Editor's Note: The Fee Schedule is on file in the Township offices and available via the Township website.
[3]
Editor's Note: Former Subsection 5A(4), concerning developments involving construction of public water supply or sanitary sewer service, which immediately followed this subsection, was repealed by Ord. No. 09-2022, 12/20/2022.
B. 
The Township staff shall first determine that the preliminary plan application is substantially complete in accordance with Subsection 5A, B and C. This determination does not constitute approval or disapproval of the plan but is provided to assure the submission of sufficient data for the Township Board of Supervisors to make a formal action on the plan. If the application is found to be incomplete, the Township will notify the applicant in writing that the submitted data does not constitute a formal filing of the preliminary plan and specify the deficiencies.
6. 
Distribution. The Township staff shall distribute the preliminary plan to the Township Planning Commission, Township Engineer, Township Zoning Officer, County Planning Commission, County Health Department and, if deemed necessary, Township Solicitor or other officials.
[Amended by Ord. No. 09-2022, 12/20/2022]
7. 
Review of the Preliminary Plan.
A. 
The preliminary plan is reviewed by the Township staff, Township Engineer, County Planning Commission, County Health Officer and Township Planning Commission. Attendance at the Planning Commission meeting by the applicant or authorized agent is mandatory to answer technical questions and establish the acceptance of any possible recommended conditions of approval. The applicant will be advised of the scheduled Township Planning Commission meeting date. At least 15 days in advance of the first scheduled Township Planning Commission meeting date where the preliminary plan is reviewed, the applicant shall, by certified mail, provide written notice of the Township Planning Commission meeting to the owner of every lot on the same street within 500 feet of the lot(s) which is the subject of the preliminary plan and every lot not on the same street within 200 feet of the lot(s) which is the subject of the preliminary plan. The written notice shall state the location of the lot(s), purpose of the plan, including the proposed use, and the date, time and place of the Township Planning Commission meeting. The applicant shall provide the Township Planning Commission with copies of the certified mailing receipts at least one day in advance of the Township Planning Commission meeting date. Failure to provide the required notice may require the preliminary plan to be considered at a subsequent meeting date.
[Amended by Ord. No. 2020-03, 11/17/2020]
B. 
A review of the plan shall determine its conformance with the standards contained in this chapter as well as other applicable ordinances and recommend to the Board of Supervisors such changes and modifications as deemed necessary.
C. 
Any recommendation which involves engineering considerations shall be subject to review and comment by the Township Engineer, which shall be incorporated and separately set forth with the recommendations to the Board of Supervisors.
D. 
The Township staff, Township Engineer, County Planning Commission, County Health Officer and Township Planning Commission shall render a decision on the plan and submit copies of their recommendations to the Board of Supervisors.
8. 
Ruling on the Preliminary Plan.
A. 
The applicant will be advised of the scheduled meeting date for consideration of the preliminary plan by the Board of Supervisors. Attendance at this meeting by the applicant or authorized agent is mandatory to establish the acceptance of any possible conditions of approval. If there exists uncertainty of the acceptance of conditions of approval, the plan may be disapproved.
B. 
The Board of Supervisors shall approve, conditionally approve or disapprove the preliminary plan and shall communicate said decision to the applicant within 90 days following the date of the regular meeting of the Board of Supervisors or the Planning Commission (whichever first reviews the application) 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 30th day following the day the application has been filed. Said notice shall be in writing, specifically cite any conditions of approval and/or any plan defects and shall be communicated in writing to the applicant not later than 15 days following the decision. Refusal by the applicant to accept conditions shall constitute disapproval of the plan.
C. 
In the event that any waiver of requirements from this chapter is requested by the applicant or is deemed necessary by the Board of Supervisors, the waiver and the reasons for its necessity shall be entered in the minutes of the Board of Supervisors.
D. 
When the preliminary plan is not approved in terms as presented to the Board of Supervisors, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter.
E. 
Approval of the preliminary plan constitutes approval of the design for streets, lots, structures and other planned facilities. Preliminary approval binds the developer to the plan as approved. Preliminary approval does not authorize the recording, sale or transfer of lots, nor shall this plan be recorded with the Chester County Recorder of Deeds but shall, when combined with other necessary approvals and permits, grant the authority to install the public improvements required as part of this chapter.
F. 
Preliminary approval shall expire within five years after being granted unless an extension is requested by the applicant and approved by the Board of Supervisors. Requests for extensions shall be submitted to the Township at least 30 days prior to any prevailing expiration date.
9. 
Compliance with Conditions of Approval.
A. 
If the Board of Supervisors conditions its preliminary plan approval upon receipt of additional information, alterations, changes or notifications, such data shall be submitted and/or alterations noted on three copies of the plan to be submitted to the Township. The conditions of approval must be satisfied to obtain preliminary plan approval.
[Amended by Ord. No. 2019-01, 3/19/2019]
B. 
There is no time limitation on attaining compliance with the conditions of approval; however, conditional approval does not extend the five-year approval period stated above. Refusal by the applicant to accept and/or comply with the conditions specified shall constitute disapproval of the plan.
C. 
At the option of the applicant and upon receipt of an unconditional preliminary plan approval, a preliminary plan may be presented to the Township for signature. (See Appendix No. 3 and 4 for certificate.)[4]
[4]
Editor's Note: Said appendixes are on file in the Township offices.
[Ord. 8/15/1989, § 304; as amended by Ord. 99-5, 11/3/1999]
1. 
A final plan application is required for all subdivision and land development plans. When a preliminary plan is required, in accordance with § 22-303, an application for final plan approval can be submitted only after obtaining an unconditional preliminary plan approval.
2. 
Final plans shall be submitted to the Township Secretary at the Township Building on any business day; however, the Township Planning Commission will officially review a plan at a particular meeting only if the plan was filed at least 25 days prior to that meeting.
3. 
Application Requirement.
A. 
All final plan applications shall include the following:
(1) 
Twelve copies of the final plan, comprised of six full-size copies and six eleven-inch by seventeen-inch copies, and four copies of all reports, notifications and certificates which are specified in § 22-403. Applicant shall also submit all plans in electronic format as specified in § 22-403, Subsection 1A.
[Amended by Ord. No. 2003-08, 9/16/2003; and by Ord. No. 09-2022, 12/20/2022]
(2) 
One application form. (See Appendix No. 6.)[1]
[1]
Editor's Note: The form is on file in the Township offices and available via the Township website.
(3) 
Filing fee as set by resolution of the Township Board of Supervisors. (See Fee Schedule.)[2]
[2]
Editor's Note: The Fee Schedule is on file in the Township offices and available via the Township website.
B. 
The Township staff shall first determine that the final plan application is substantially complete in accordance with Subsection 3A(1) and (2). This determination does not constitute approval or disapproval of the plan but is provided to assure the submission of sufficient data for the Township Board of Supervisors to make a formal action on the plan. If the application is found to be incomplete, the Township will notify the applicant in writing that the submitted data does not constitute a formal filing of the final plan and specify the deficiencies.
4. 
Distribution. The Township staff shall distribute one copy of the final plan to the Township Planning Commission, Township Engineer, Township Zoning Officer, County Planning Commission, County Health Department and, if deemed necessary, Township Solicitor or other officials.
[Amended by Ord. No. 09-2022, 12/20/2022]
5. 
Review of the Final Plan.
A. 
The final plan is reviewed by both the Township staff, Township Engineer, County Planning Commission, County Health Officer and Township Planning Commission. Attendance at the Planning Commission meeting by the applicant or authorized agent is mandatory to answer technical questions and establish the acceptance of any possible recommended conditions of approval. The applicant will be advised of the scheduled meeting date. At least 15 days in advance of the first scheduled Township Planning Commission meeting date where the final plan is reviewed, the applicant shall by certified mail provide written notice of the Township Planning Commission meeting to the owner of every lot on the same street within 500 feet of the lot(s) which is the subject of the final plan and every lot not on the same street within 200 feet of the lot(s) which is the subject of the final plan. The written notice shall state the location of the lot(s), purpose of the plan, including the proposed use, and the date, time and place of the Township Planning Commission meeting. The applicant shall provide the Township Planning Commission with copies of the certified mailing receipts at least one day in advance of the Township Planning Commission meeting date. Failure to provide the required notice may require the final plan to be considered at a subsequent meeting date.
[Amended by Ord. No. 2020-03, 11/17/2020]
B. 
A review of the plan shall determine its conformance with the standards contained in this chapter as well as other applicable ordinances and shall recommend to the Board of Supervisors such changes and modifications as deemed necessary.
C. 
Any recommendation which involves engineering consideration shall be subject to review and comment by the Township Engineer which shall be incorporated and separately set forth with the recommendations to the Board of Supervisors.
D. 
The Township staff, Township Engineer, County Planning Commission, County Health Officer and the Township Planning Commission shall render a decision on the plan and submit copies of their recommendations to the Board of Supervisors.
6. 
Ruling on the Final Plan.
A. 
The applicant will be advised of the scheduled meeting date for consideration of the final plan by the Board of Supervisors. Attendance at this meeting by the applicant or authorized agent is mandatory to answer technical questions and establish the acceptance of any possible conditions of approval. If there is uncertainty on the acceptance of conditions of approval, the plan may be disapproved.
B. 
The Board of Supervisors shall approve, conditionally approve or disapprove the final plan and shall communicate said decision to the applicant within 90 days following the date of the regular meeting of the Board of Supervisors or the Planning Commission (whichever first reviews the application), 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 30th day following the day the application has been filed. Said notice shall be in writing, specifically cite any conditions of approval and/or any plan defects and shall be communicated to the applicant not later than 15 days following the decision. Refusal by the applicant to accept conditions shall constitute disapproval of the plan.
C. 
In the event that any waiver of requirements from this chapter is requested by the applicant or is deemed necessary by the Board of Supervisors, action on the waiver shall be entered in the minutes of the Board of Supervisors.
D. 
When the final plan is not approved in terms as presented to the Board of Supervisors, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter.
E. 
No final plan will receive approval by the Board of Supervisors unless the applicant has completed all required public improvements as specified in this chapter or has filed with the Board of Supervisors an improvements guarantee in the manner prescribed in Part 5.
7. 
Compliance with Conditions of Approval. If the Board of Supervisors conditions its final plan approval upon receipt of additional information, alterations, changes or notifications, such data shall be submitted and/or alterations noted on three copies of the plan to be submitted to the Township. Conditional approval does not constitute an extension of the ninety-day final plan certification period stated below.
[Amended by Ord. No. 2019-01, 3/19/2019]
8. 
Final Plan Certification. After approval and/or conditional approval of the final plan and the required changes, if any are made, the applicant shall present to the Township four paper sets of final plans, which shall consist of four paper copies, one paper transparency and one plastic transparency. All final plans shall bear original signatures in black ink on each certificate. The final plans shall be signed by the Township Planning Commission, Township Engineer and the Board of Supervisors (see Appendix Nos. 3 and 5).[3]
[Amended by Ord. No. 09-2022, 12/20/2022]
A. 
Upon payment of any outstanding plan review fees or inspection fees, the four paper copies of the plan will be returned to the applicant for recordation. The applicant shall submit the plans to the Chester County Planning Commission for signatures and record the plan in the office of the Chester County Recorder of Deeds. Should the applicant fail to record the final plan within 90 days of the Board of Supervisors ruling on the final plan (see Subsection 6), the Township action on the plan shall be null and void unless the Board of Supervisors grants a waiver by extending the effective time period of the approval.
B. 
The final plan shall be filed with the Chester County Recorder of Deeds and the above-referenced numbers of the Chester County Recorder of Deeds submitted to the Township before proceeding with the sale of lots and/or the construction of units.
C. 
No subdivision or land development plan may be recorded unless it bears the original endorsement of the Board of Supervisors.
D. 
Recording of the final plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use shown thereon unless reserved by the developer as hereinafter provided. The approval of the Board of Supervisors shall not impose any duty upon the Township concerning maintenance or improvement of any such dedicated street or public use until the Board of Supervisors shall have accepted the same by ordinance or resolution.
E. 
If the final plan includes a notation to the effect that there is no offer of dedication to the public of certain designated uses, areas or streets, the title to such areas shall remain with the owner, their heirs and assigns and the Township shall assume no responsibility for improvements or maintenance thereof, which fact shall also be noted on the final plan.
[3]
Editor's Note: Said appendixes are on file in the Township offices.
[Ord. 8/15/1989, § 305]
1. 
The Board of Supervisors may waive any mandatory provisions of these regulations to the benefit of the developer, provided the majority of the members of the Board of Supervisors present at a scheduled public meeting determines that the waiver:
A. 
Is consistent with the purpose of this chapter as described in § 22-102.
B. 
Will remove or reduce an unreasonable or undue hardship, as it applies to the particular property, which is grossly disproportionate to any benefit derived from the standard.
C. 
Will result in an equal or better situation.
D. 
Provides for reasonable utilization of the property while securing the public interest.
2. 
Waiver Application. A waiver request shall be submitted to the Township Secretary at the Township Building on any business day. A waiver request shall include eight copies of all applicable plans, reports and supplementary data, one application form (see Appendix No. 7), and a filing fee as set by resolution of the Township Board of Supervisors (see Fee Schedule).[1] If this information was filed with a preliminary plan or final plan, additional copies need not be submitted.
[1]
Editor's Note: The form and Fee Schedule are on file in the Township offices and available via the Township website.
3. 
Distribution. The Township shall distribute one copy of the waiver to the Township Planning Commission, the Township Engineer, the Township Zoning Officer and, if necessary, Solicitor or other officials.
4. 
Review of the Waiver. The waiver is reviewed by the Township staff and Planning Commission.
5. 
Execution of the Waiver.
A. 
The Board of Supervisors shall have the authority to approve or disapprove the waiver. In granting any waiver, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
B. 
Action on the waiver shall be entered in the minutes of the Board of Supervisors and forwarded to the applicant.
C. 
Failure of the Board of Supervisors to render a decision and communicate it to the applicant as described herein shall be deemed a denial of the waiver.
[Ord. 8/15/1989, § 306; as amended by Ord. 99-5, 11/3/1999]
1. 
Procedure for Processing Revised Subdivision and/or Land Development Plans. Any replatting or resubdivision of recorded and/or approved plans shall be considered as a new application and shall comply with all requirements of this chapter, except that plans may be changed in accordance with this procedure to correct an obvious error.
A. 
A revised subdivision and/or land development plan shall not alter the number, location or configuration of lots, buildings or other improvements beyond the original understanding of the Board Supervisors.
B. 
All revised subdivision and/or land development plan applications which meet the above shall be submitted to the Township Secretary at the Township Building. Each application shall include two paper copies of the revised final plan and one application form (see Appendix No. 6).[1] The Board of Supervisors shall have the authority to approve or disapprove the revised plan. The applicant will be advised of the scheduled meeting for consideration of the revised plan.
[1]
Editor's Note: The form is on file in the Township offices and available via the Township website.
C. 
If the Board of Supervisors determines that the revised plan conforms with the above standards, the applicant shall prepare final plans for recordation in accordance with § 22-304, Subsection 8.
2. 
Minor Preliminary Plans. Applicants may, at their discretion, concurrently submit preliminary and final plans for land developments involving no more than 10 residential units which require no new streets or for a single nonresidential building on one lot. Consideration of both the preliminary and final plans will be scheduled at the same meetings. The applicant shall comply with the notification procedures for final plan reviews in § 304.5A.
[Amended by Ord. No. 2020-03, 11/17/2020]
3. 
Auction Sale. In the case of the proposed subdivision of land by process of auction sale, the following procedure is recommended:
A. 
The applicant should prepare a sketch plan in accordance with § 22-401.
B. 
The sketch plan should be designed in accordance with the standards of Part 6, "Design Standards," and shall be submitted to the Township staff for review. Additionally, the following notation should be included on the plan: "The property is intended to be sold by auction on or about_____, 20___, in whole or in part according to this plan. Sale of lots at such auction shall be in the form of agreement to purchase and no transfer of ownership or interest in such lots shall proceed until a final plan showing such division of property shall have been approved in accordance with the Valley Township Subdivision Control Ordinance and recorded in the office of the Chester County Recorder of Deeds."
C. 
The auction sale may then proceed in accordance with the above notation, after which the applicant shall prepare and submit plans in accordance with this chapter.