This chapter shall be known as, and may be cited as, the "West Nantmeal Township Subdivision and Land Development Ordinance of 2013."
The purpose of this chapter is to:
A. 
Provide for harmonious, orderly, efficient and integrated growth of the Township.
B. 
Assure that land to be developed shall be of such character that it can be used safely without danger to health, peril from fire, flood, erosion, excessive noise and smoke or other menace.
C. 
Provide for drainage, water supply, sewage disposal and other appropriate utility services.
D. 
Provide for the coordination of existing streets, parks, highways and land uses with probable streets, parks, highways and land uses.
E. 
Provide for a safe, convenient and functional system for vehicular traffic on streets of such width, grade and location as to accommodate prospective traffic as determined by existing and probable future land and building uses.
F. 
Provide for arrangement of building lots, blocks and streets so as to afford adequate light, view and air and to facilitate fire protection.
G. 
Assure land will be developed with due regard to topography and geologic conditions so that the natural beauty of the land, vegetation and historical structures shall be protected and enhanced.
H. 
Provide for adequate open space for recreation, wildlife, light and air and for adequate sites for schools, parks, playgrounds, pathways/greenways and other community services, which shall be located so as to provide pedestrian and/or vehicular access to such facilities for residents of all neighborhoods.
I. 
Secure equitable handling of subdivision and land development plans by providing uniform procedures and standards for observance of both developers and of Township officials.
A. 
From and after the effective date of this chapter, any subdivision and/or land development in West Nantmeal Township shall be in conformity with this chapter and all standards and specifications adopted as part of such chapter.
B. 
No lot, tract, or parcel of land shall be subdivided, and no land may be developed and no street, sanitary sewer, storm sewer, water main, or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel, or for the use of occupants of any building abutting or to abut on them, except in strict accordance with the provisions of this chapter and other applicable Township ordinances.
C. 
In a subdivision or land development, no lot may be used or sold, no building permit may be issued and no building or other structure may be erected unless and until a final subdivision or land development plan has been approved and duly recorded in accordance with this chapter and, where required, the proposed improvements have been completed or their completion has been assured by a completion guarantee pursuant to and in accordance with the Pennsylvania Municipalities Planning Code.
In the interpretation and application of the provisions of this chapter, said provisions shall be the minimum requirements for the promotion and protection of the public health, welfare and safety. Where the provisions of this chapter and all standards and specifications adopted under it impose greater restrictions than those of any other ordinance, statute or regulation, the provisions of this chapter and its standards and specifications shall be controlling. Where the provisions of any statute or other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall be controlling.
A. 
The Board may grant a waiver or modification of the requirements of one or more provisions of this chapter in the following circumstances:
(1) 
When literal compliance with such provisions is shown to the satisfaction of the Board to be unreasonable or cause undue hardship because of peculiar conditions pertaining to the land in question; or
(2) 
When an alternative standard or requirement is demonstrated to the satisfaction of the Board to provide equal or better results as the provision or provisions sought to be waived or modified; provided, however, that such waiver or modification shall not be contrary to the public interest, safety and general welfare and that the purpose and intent of this chapter shall be observed.
B. 
All requests for a waiver or 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, where applicable, the grounds and facts of unreasonableness or hardship on which the request is based, the pertinent provision or provisions of this chapter, the minimum waivers or modifications necessary, and the alternative standards or requirements proposed.
C. 
All requests for a waiver or modification shall be referred to the Township Planning Commission for review and advisory comments and recommendations to the Board. If deemed necessary or desirable by the Board, a request for a waiver or modification may also be referred to the Chester County Planning Commission for its review and advisory comments and recommendations to the Board.
D. 
The Board shall keep a written record of all actions on all requests for waivers or modifications.
E. 
Requested waivers or modifications, if approved, shall be depicted and shown on the final plan.