A.
All subdivisions and land developments in the Township shall be submitted
for approval and processed in accordance with the procedures set forth
in this article, other provisions of this chapter, and the Pennsylvania
Municipalities Planning Code.
B.
All applications for approval of any subdivision and/or land development
plan shall be referred to and reviewed by the Township Planning Commission
and the Chester County Planning Commission; provided, however, that
sketch plans need not be referred to and reviewed by the Chester County
Planning Commission.
C.
All preliminary and final subdivision and/or land development plans
shall be approved or disapproved by the Board of Supervisors in accordance
with the procedures set forth in this article, other provisions of
this chapter, and the Pennsylvania Municipalities Planning Code.
D.
Except to the extent otherwise provided by law, approvals of any
subdivision and/or land development not in accordance with the procedures
and requirements of this chapter shall be null and void and of no
effect.
E.
No application for approval of a subdivision and/or land development
shall be accepted for filing and/or considered complete, filed, or
accepted by the Township until the official application form is completed,
all filing and other applicable fees are paid, the required number
of copies are filed, and all required supporting information, plans
and other documents which must be filed with the preliminary plan
pursuant to this chapter are filed with the Township.
F.
The official application form or forms for the review and approval
of subdivision and land developments shall be those forms the Board
of Supervisors shall adopt from time to time by resolution.
G.
Whenever an application for any major subdivision and/or any land
development is proposed which may affect adjacent municipalities or
other governmental agencies, reviews and reports from such municipalities
or other governmental agencies may be requested by the Board of Supervisors
for its use in considering, reviewing and deciding the application.
All subdivision applications shall be classified for the purposes
of procedure as either minor or major. Applicants shall apply for
and secure approval in accordance with the following procedures:
A.
Minor subdivision proposal.
(1)
Definition. A "minor subdivision" consists of:
(a)
A subdivision involving only lot line adjustments and no development;
or
(b)
A subdivision in which: i) no road (public or private) is to
be constructed or widened; ii) no other improvements (including, but
not limited to, walkways, curbs, gutters, streetlights, fire hydrants,
shade trees, water, mains, sanitary sewers or storm drainage facilities)
requiring a performance bond or escrow are to be constructed; and
iii) no earthmoving activities except those incidental to construction
of a single-family dwelling on each proposed lot will take place.
No more than three minor subdivisions shall be approved for any parent
tract or parcel of ground. When more than three minor subdivisions
have been submitted or approved for any original parcel, each succeeding
submission shall be submitted as a major subdivision.
B.
Major subdivision and all land development proposals.
A.
All applicants for subdivision or land development are encouraged
to submit a sketch plan to the Township Planning Commission for review
prior to submission of a formal application. Submission of a sketch
plan does not constitute an official application for subdivision or
land development, but provides the opportunity for dialogue and a
more efficient review of official plan submissions.
B.
For information purposes, six copies of the sketch plan are recommended
to be submitted to the Planning Commission. The applicant is encouraged
to include the information outlined in this chapter as part of a sketch
plan submission.
C.
No fee nor application is required for submission of a sketch plan.
D.
The sketch plan shall be submitted at least seven calendar days prior
to a regular meeting of the Township Planning Commission in order
to be placed on the agenda of that meeting.
A.
The Planning Commission shall consider the plan at a regularly scheduled
meeting and provide informal dialogue with the applicant. Any recommendation
by the Planning Commission may be deferred until the next regular
meeting.
B.
The applicant shall be responsible for explaining the development of the land and its relationship to the extension of streets, access points, arrangement and density of proposed use, the compatibility of the proposal with the surrounding land uses, and consistency with Chapter 215, Zoning, and this chapter.
C.
The applicant may, but need not, request further review of the sketch
plan by the Board of Supervisors. Upon receiving 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;
provided, however, the Board is not required to review the sketch
plan nor submit comments to the applicant if the Board does review
the plan.
A.
All preliminary plans submitted pursuant to this chapter shall conform
to the requirements of West Nantmeal Township regulations.
B.
All preliminary plan applications shall be submitted to the Township
Secretary at least 12 calendar days prior to the next regular meeting
of the Planning Commission. The Township Secretary shall determine
whether the application represents a complete submission.
C.
Preliminary plan applications shall include the following items:
(1)
Two copies of the official Township application for preliminary subdivision
review form;
(2)
A minimum of 12 prints of the preliminary plan and one digital copy
in PDF format and one digital copy in DGN, DXF or DWG format on compact
disc (CD);
(3)
A minimum of three copies of all required supporting information
and plans, including but not limited to traffic impact study (if required),
a water supply study and any other water supply information required
by this chapter;
(4)
Payment of required application fees, engineering review fees, legal
fees, and escrow deposits as determined by resolution of the Board;
and
(5)
Six copies of the planning module for land development as required
by the Pennsylvania Sewage Facilities Act and/or the rules and regulations
thereunder of the Pennsylvania Department of Environmental Protection,
concerning sewage facilities proposed to serve the subdivision and/or
land development. All items of the planning module, except those requiring
signatures of Township officials and those indicating approval or
disapproval by the Township, shall be fully prepared and completed
by the applicant.
D.
The Township Secretary shall note and stamp the date of receipt of
the application, fees and any escrow deposits. The application shall
not be deemed to be submitted until a complete application and required
fees have been submitted.
E.
Upon receipt of all items comprising a complete and official submission,
the Township Secretary shall accept the application and shall distribute
or retain copies of the application and supporting information and
plans as follows:
(1)
Four copies of the preliminary plan, supporting information and plans,
and official Township application form to the Township Planning Commission;
(2)
One copy of the preliminary plan, supporting information and plans,
and official Township application form to the Township Engineer;
(3)
One copy of the preliminary plan, county referral form, and accompanying
fee to the County Planning Commission;
(4)
Two copies of the preliminary plan, completed planning module for
land development, and appropriate fee to the County Health Department;
(5)
Two copies of the preliminary plan, supporting information and plans,
and official Township application forms to be retained by the Township
Secretary for Township records.
(6)
An electronic copy PDF and an electronic copy as DGN, DXF, or DWG
to the Township and copied to Township Engineer.
A.
Official review period.
(1)
The Township shall have 90 calendar days in which to review and take
action on the preliminary plan.
(2)
The ninety-calendar-day period shall commence on the date of the
next regularly scheduled Planning Commission meeting following the
date a complete and official submission of a preliminary plan application
was filed with the Township Secretary.
(3)
Whenever the next regularly scheduled meeting of the Planning Commission
occurs more than 30 calendar days following the filing of a complete
and official submission, the said ninety-day period shall be measured
from the 30th calendar day following the day the application is filed.
(4)
An extension of the ninety-calendar-day review period shall occur
only when requested by the applicant and approved by the Board.
B.
Township Planning Commission. The Township Planning Commission shall
review all plans referred to it and shall consider any recommendations
made by the Chester County Planning Commission and Conservation District,
the Township Engineer, and any other persons or agencies who shall
have submitted comments with respect to any such application.
C.
Township Engineer.
(1)
The review by the Township Engineer shall include, but shall not be limited to, an examination of the engineering feasibility and reasonableness of the various schemes presented for lot layout and configuration, and for the location, alignment, grade of streets, stormwater drainage, stormwater detention, erosion/sediment control, sanitary sewers, water supply, surface water drainage facilities, and easements related thereto in accordance with the standards and regulations and other provisions of this chapter and Chapter 215, Zoning.
(2)
The Township Engineer shall forward his/her comments regarding the
plan to the Township Planning Commission, together with any related
or supporting documentation and materials received.
D.
Board of Supervisors.
(1)
When a preliminary plan review has been officially submitted to the
Board by the Planning Commission, such plan review shall be placed
on its agenda for review or other action at its next regularly scheduled
meeting.
(2)
Before acting on any preliminary subdivision or land development
plan, the Board may hold a public hearing thereon after public notice.
(3)
In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Planning Commission, Township Engineer, County Planning Commission, and all other reviewing agencies to determine conformity of the application to the standards of this chapter and any other applicable ordinance. The Board may specify conditions, changes, modifications, or additions to the application which the Board deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications, or additions, citing provisions of the statute or ordinance (including, without limitation, the Pennsylvania Municipalities Planning Code, this chapter, and Chapter 215, Zoning, of this Code) relied upon to support the changes, modifications, or additions.
(4)
Whenever the Board approves a preliminary plan subject to any conditions,
the applicant shall indicate whether such conditions are accepted
or rejected within 15 calendar days of receipt of notice of the decision
of the Board. If the applicant does not accept the conditions of approval,
the plan shall be deemed denied.
(5)
In the event that the preliminary plan is not approved by the Board as filed, the decision of the Board shall specify the defects found in the preliminary plan, describe the requirements which have not been met, and shall, in each case, cite the provisions of the statute or ordinance (including, without limitation, the Pennsylvania Municipalities Planning Code, this chapter, and Chapter 215, Zoning, of this Code) relied upon.
(6)
The decision of the Board shall be in writing and shall be communicated
to the applicant personally or mailed to the applicant at his last-known
address not later than 15 calendar days following the decision. The
form and content of the decision shall comply with the applicable
requirements of the Pennsylvania Municipalities Planning Code.
(7)
Whenever the approval of a preliminary plan is subject to conditions,
such conditions shall be stated in whole on the plan prior to signature
by the Board.
A.
The final plan shall conform to the terms of approval of the preliminary
plan.
B.
The Board may permit submission of the final plan in sections, each
covering a reasonable portion of the entire proposed subdivision as
shown on the approved preliminary plan, but in no case (except for
the last section) shall any section include less than 25% of the total
number of lots or units as depicted on the approved preliminary plan
unless a lesser percentage is approved by the Board in its discretion.
C.
All final plan applications, together with and/or including the items
listed below and otherwise required by this chapter, shall be submitted
to the Township Secretary at least 12 calendar days prior to the next
regular meeting of the Planning Commission.
D.
Final plan applications shall include the following items:
(1)
Two copies of the official Township application for final subdivision
review form;
(2)
A minimum of 12 prints of the final plan and one digital copy in
PDF format and one digital copy in DGN, DXF or DWG format on compact
disc (CD);
(3)
A minimum of three copies of all required supporting information
and plans including, but not limited to, traffic impact study (if
required), and a water supply study and other water supply information
required by this chapter;
(4)
Payment of required application fees, engineering review fees, legal
fees, and escrow deposits, as determined by resolution of the Board;
and
(5)
A planning module for land development as required by the Pennsylvania
Sewage Facilities Act and/or the rules and regulations thereunder
of the Pennsylvania Department of Environmental Protection, concerning
sewage facilities proposed to serve the subdivision and/or land development.
All items of the planning module, except those requiring signatures
of Township officials and those indicating approval or disapproval
by the Township, shall be fully prepared and completed by the applicant.
E.
The Township Secretary shall note and stamp the date of receipt of
the application, fees and any escrow deposits. The application shall
not be deemed to be submitted until a complete application and required
fees have been submitted.
F.
Upon receipt of all items comprising a complete and official submission,
the Township Secretary shall accept the application and shall distribute
or retain copies of the application and supporting information and
plans, as follows:
(1)
Four copies of the final plan, supporting information and plans,
and official Township application form to the Township Planning Commission;
(2)
One copy of the final plan, supporting information and plans, and
official Township application form to the Township Engineer;
(3)
One copy of the final plan, county referral form and accompanying
fee to the County Planning Commission;
(4)
Two copies of the final plan, completed planning module for land
development and appropriate fee to the County Health Department;
(5)
One copy of the final plan to the Chester County Conservation District
at the discretion of the Township, for review of matters relating
to drainage, NPDES eligibility, and soil erosion management;
(6)
Two copies of the final plan, supporting information and plans, and
official Township application forms to be retained by the Township
Secretary for Township records; and
(7)
An electronic copy PDF and an electronic copy as DGN, DXF, or DWG
to Township and copied to Township Engineer.
A.
Official review period:
(1)
The Township shall have 90 days in which to review and take action
on the final plan.
(2)
The ninety-day period shall commence on the date of the next regularly
scheduled Planning Commission meeting following the date a complete
and official submission of a final plan application was filed. The
Planning Commission shall be responsible for confirming a complete
submission of the final plan and start of the ninety-day period.
(3)
Whenever the next regularly scheduled meeting of the Planning Commission
occurs more than 30 days following the filing of a complete and official
submission, the said ninety-day period shall be measured from the
30th day following the day the application is filed.
(4)
An extension of the ninety-calendar-day review period shall occur
only when requested by the applicant and approved by the Board.
B.
Township Planning Commission:
(1)
The Planning Commission shall review the final plan submitted and
shall consider any recommendations of the Township Engineer, and any
other reviewing agency submitting comments.
(2)
After such review, the Secretary of the Planning Commission shall
provide the Board with notice of its recommendation through transmittal
of the official minutes or a separate letter.
C.
Township Engineer:
(1)
The review by the Township Engineer shall include, but shall not be limited to, a comparison of the final plan with the approved preliminary plan, and an examination of the engineering feasibility and reasonableness of the various schemes presented for lot layout and configuration, and for the location, alignment, grade of streets, stormwater drainage, sanitary sewers, water supply, surface water drainage facilities, stormwater detention, erosion/sediment control, and easements related thereto in accordance with the standards and regulations and other provisions of this chapter and Chapter 215, Zoning, of this Code.
(2)
The Township Engineer shall forward comments on the plan to the Planning
Commission together with any related or supporting documentation and
materials that are received.
D.
Board of Supervisors:
(1)
Upon receipt of the Planning Commission's recommendation and other
agency reviews and supporting information, the Board shall, 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 or disapprove the plan.
(2)
Before acting on any final subdivision or land development plan,
the Board may hold a public hearing thereon after public notice.
(3)
The Board shall render a decision, in writing, on all final plans,
and shall communicate the decision to the applicant personally or
mail the same 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 the requirements of the Pennsylvania Municipalities Planning
Code.
(4)
In the event that the final plan is not approved as filed, the decision of the Board shall specify the defects found in the final plan and describe the requirements which have not been met, and shall, in each case, cite the provisions of the statute or ordinance (including, but not limited to, the Pennsylvania Municipalities Planning Code, this chapter, and Chapter 215, Zoning, of this Code) relied upon.
(5)
Copies of the final plan as finally approved, with the appropriate
endorsement of the Board, shall be distributed as follows:
E.
Every final plan approval shall be subject to the following conditions:
(1)
The applicant, together with the bonding company or financial institution
posting escrow for the public improvements, shall execute, acknowledge
and deliver to the Township a financial security agreement and the
applicant shall execute, acknowledge and deliver to the Township a
subdivision/land development improvements agreement in accordance
with this chapter.
(2)
The applicant shall provide an improvements guarantee in accordance
with this chapter.
(3)
The applicant agrees, if agreed to by the Board, to tender a deed
of dedication to the Township for such streets; any and all easements
for sanitary sewers, water lines, or storm sewers, and public improvements,
including street paving, sidewalks, shade trees, water mains, any
fire hydrants, sanitary and storm sewers, as are required for the
promotion of public welfare, after all said improvements are completed
and such completion is certified as satisfactory by the Township Engineer.
The Board may require that the applicant supply a title insurance
certificate from a reputable company evidencing that the property
to be dedicated is clear and free of all liens before dedication of
any property is accepted for the Township.
(4)
If the development is to be carried out in progressive stages, each
stage shall be planned so that all requirements, conditions, and the
intent of this chapter shall be fully complied with at the completion
of any stage.
(5)
Whenever the applicant is providing open space as part of the subdivision
or land development, a deed or agreement granting an easement in perpetuity
which provides for and describes such open space and restricts the
same against further subdivision or development, and which shall run
to the benefit of the Township and the lot purchasers in the subdivision
or land development, shall be executed, acknowledged and delivered
by the applicant and the landowner, or by such other person or organization
acceptable to the Township. The form and contents of the deed or agreement
of easement shall be in recordable form and shall be acceptable to
and approved by the Township and shall be recorded with the record
plan.
(6)
The applicant shall have applied for all required permits from agencies
having jurisdiction over ancillary matters necessary to effect the
subdivision or land development, such as, but not necessarily limited
to, PADEP or the United States Army Corps of Engineers for wetlands
and/or floodplains, the Pennsylvania Departments of Transportation
and Environmental Protection, the Public Utility Commission, and the
Chester County Health Department.
A.
Upon completion of the procedures outlined under this article, all
endorsements shall be indicated on the record plan and on at least
seven copies of the final plan. Such endorsements shall include the
approval endorsement of the Board, the signatures and acknowledgements
of the applicant and landowner, and the signatures and certifications
of the engineer and/or surveyor who prepared the final plan.
(1)
The signatures and acknowledgements of the applicant and landowner
shall include, without limitation, a certification of their respective
acceptances of the plan and a statement concerning any offer of dedication
of public improvements. The certification of the engineer or surveyor
who prepared the plan shall include, without limitation, a certificate
as to the accuracy of the subdivision and/or land development plan,
that the monuments shown thereon exist as located, and that all dimensions
and other physical details are correct.
(2)
After the endorsements have been indicated on the record plan and copies of the final plan, as provided in § 170-16A, the applicant shall record the record plan in the office of the Recorder of Deeds in and for Chester County within 90 days of the date of approval of the final plan by the Board unless the Board approves an extension of time to record the plan. Thereafter, the applicant shall provide the Township Secretary with a time stamped copy of the record plan which indicates the date of the recording and the plan number.
B.
Where a deed or agreement of easement is provided under this chapter,
such deed or agreement shall also be recorded with the record plan
and a time-stamped copy shall be provided to the Township Secretary.
Every applicant for approval of a final subdivision or land
development plan shall execute and acknowledge, as hereinafter provided,
and shall deliver to the Township, a financial security agreement
and a subdivision/land development improvements agreement containing
such terms and in such recordable and other form as shall be provided
by or approved by the Township. No final plan shall be finally approved
by the Board and released to the applicant for recording until these agreements
are executed, acknowledged and delivered. The financial security agreement
shall be executed and acknowledged by the applicant and the landowner,
and by a bonding company or financial institution which is posting
the financial security for the public improvements. The agreement
shall include, but shall not be limited to, the following:
A.
The applicant agrees that he will properly and accurately lay out,
construct and install all streets and other improvements, including,
without limitation, 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 approved final plan and supporting
or related documentation and other materials.
B.
The applicant and/or landowner guarantee completion and maintenance
of all improvements by means of a type of financial security acceptable
to the Township, as specified in the MPC.
C.
The applicant and/or landowner agree to have prepared a deed or deeds
of dedication to the Township for such streets and for such easements
for sanitary and storm sewers, sidewalks, and other public improvements,
provided that the Township shall not be required to accept dedication
of any such improvements if the Board believes it in the best interest
of the Township not to accept dedication, or if the Board elects to
accept dedication of any such improvements, that the Township shall
not be obligated to finally accept the same until their completion
is certified as satisfactory by the Township Engineer.
D.
Whenever an applicant proposes to establish or continue a street
which is not offered for dedication to public use, and to cover those
situations in which the Board declines to accept dedication of a street,
the applicant and landowner, on behalf of themselves and their respective
heirs, successors, and assigns, agrees to establish conditions under
and by which the street shall be repaired and maintained and by which
the street may be later offered for dedication and accepted by the
Township, including, without limitation, the following:
(1)
That an offer to dedicate the street or other facility shall be made
only for the street or facility as a whole;
(2)
That the Township shall not be responsible for repairing or maintaining,
or having any other obligation with respect to any undedicated or
dedicated street or facility, unless and until such time as the Township
formally accepts dedication thereof, and that unless and until such
acceptance of dedication, the applicant and landowner shall be responsible
for such repair and maintenance;
(3)
That the method of assessing repair and maintenance costs of undedicated
and dedicated facilities and street, prior to their formal acceptance
by the Township, shall be stipulated and set forth in recorded deed
restrictions so as to be binding upon the applicant, landowner, and
their respective heirs, successors and assigns; and
(4)
That, if dedication is to be sought, the street or facility shall
conform to Township specifications as shall then be current (unless
otherwise provided by the Pennsylvania Municipalities Planning Code)
or that the owners of the abutting lots shall, at their own expense,
construct, reconstruct and/or restore the street to conform with such
specifications.
A.
With the exception of soil or percolation testing, well drilling
for testing purposes, and similar engineering and/or surveying activities,
no construction or land disturbance activities in a subdivision or
land development shall be commenced until the applicant submits to
the Township secretary a time-stamped copy of the record plan and
any other documents and materials required by this chapter to be recorded
therewith.
B.
No building or other permit under Chapter 215, Zoning, of this Code shall be issued for any building or other structure in any subdivision or land development until the final plans for the subdivision or land development have been approved and recorded as provided in this chapter and until the terms, conditions and other provisions of this chapter have been satisfied.
C.
No water system or sewer system, including extensions to proposed
future Township systems or new systems employing sewage treatment
plants, shall be constructed prior to the review and approval by the
Township and the issuance of appropriate permits from the Pennsylvania
Department of Environmental Protection or from federal or local agencies,
as required.
Modifications to an approved subdivision or land development
plan shall be resubmitted and reprocessed in the same manner as the
original plan. All construction and all land and other site disturbance
activities shall cease pending approval of the modified plan; provided,
however, that activities involving the maintenance of stormwater management,
sedimentation and erosion control facilities and devices shall and
must be fully continued.
