It is the intent of this article to:
A. 
Establish a uniform process by which subdivision and land development plans shall be reviewed by the Borough Planning Commission, the County Planning Commission and other Borough, state or county officials as deemed necessary, and shall be approved or disapproved by the Borough Council in accordance with the procedures specified in this article and in other sections of this chapter.
B. 
For all subdivisions, except those considered minor subdivisions, a preliminary plan and a final plan shall be submitted. It is strongly encouraged than a sketch plan be submitted prior to the submission of the preliminary plan.
C. 
All the rules and regulations of the County Health Department and the Pennsylvania Department of Environmental Protection shall be complied with regarding the submission of subdivision and land development plans and a planning module for land development.
All subdivision and land development application submissions shall be classified as one of the following:
A. 
Minor subdivision applications.
(1) 
An application shall be considered minor when:
(a) 
No more than two parcels, lots, or tracts of land are created from the original tract that are intended for residential use;
(b) 
The newly created parcels, lots, or tracts are not capable of further subdivision; and
(c) 
The land fronts on an existing, improved Borough- or state-owned road in which no new public improvements, including streets and alleys are proposed.
(2) 
An applicant requesting approval for a minor subdivision shall submit the following:
(a) 
A sketch plan (optional), according to § 375-13;
(b) 
A final plan (mandatory), according to the requirements of § 375-15.
B. 
Major subdivision or land development applications.
(1) 
Any subdivision not classified as a minor subdivision, as defined above, with the exception of the construction of one single-family residence on a single lot, shall be considered a major subdivision or land development, unless otherwise stated by this chapter.
(2) 
All land development proposals shall be processed under this category.
(3) 
An applicant requesting approval of a major subdivision or land development proposal shall submit the following:
(a) 
A sketch plan (optional), according to § 375-13;
(b) 
A preliminary plan (mandatory), according to § 375-14; and
(c) 
A final plan (mandatory) according to § 375-15.
C. 
Resubdivision. Any replotting or resubdivision of land, including changes to recorded plans, shall be considered a subdivision and shall comply with the regulations of this chapter, except that:
(1) 
Lot lines may be changed from those shown on a recorded plan, provided that in making such changes:
(a) 
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 430, Zoning; and
(b) 
Easements or rights-of-way reserved for drainage, streets and utilities shall not be changed; and
(c) 
Street locations and block sizes shall not be changed; and
(d) 
No lot shall be created which does not abut a street; and
(e) 
The character of the area shall be maintained, keeping lot sizes and land uses, dimensions and proportions relatively close to those of contiguous developments.
(2) 
In every case wherein lot lines are changed as permitted above, the applicant shall be considered a minor plan and shall only be required to resubmit the plan for final plan approval in accordance with § 375-15.
All subdivision or land development applications, whether preliminary or final, shall be acted upon by the Borough Council, and such decision shall be communicated to the applicant no later than 90 days following the date the application was officially submitted, according to the following:
A. 
All applications shall be submitted to the Borough Secretary and shall include all supporting information and required fees.
B. 
The official date of the application shall be determined as the date of the next regular meeting of the Planning Commission following the receipt of the application and all required supporting information, provided that:
(1) 
The application is received by the Borough Secretary a minimum of 14 days prior to the next regularly scheduled meeting of the Planning Commission to allow the application submission to be placed on the Planning Commission agenda.
(2) 
If the said next regular meeting should 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 was filed.
C. 
The decision of Borough Council shall be made in writing and shall be communicated personally or by mail to the applicant to his or her last known address no later than 15 days following the decision.
D. 
If the application is not approved, 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 the statute or ordinance relied upon.
In order to be considered complete, all applications shall be required to contain the following information:
A. 
A completed application form as provided by the Borough;
B. 
The required number of plan copies and supporting documentation as defined by this chapter;
C. 
The required application and review fees in accordance with § 375-62.
Any proposed subdivision or land development within the Borough is encouraged to first submit a sketch plan in order to provide a basis for informal discussion relating to issues associated with the site and type of development proposed.
A. 
A sketch plan submitted to the Borough Planning Commission for unofficial review should comply with the suggestions of § 375-18.
B. 
Submission. The applicant shall submit four black-on-white or blue-on-white paper prints of the sketch plan, unless more are requested by the Borough, to the Borough Secretary. The Borough Secretary will distribute the copies as follows:
(1) 
Two copies to the Secretary of the Borough Planning Commission.
(2) 
One copy to the County Planning Commission.
(3) 
One copy retained for the permanent files and use of the Borough Council.
C. 
Review. After a sketch plan has been submitted, the plan shall be reviewed by the Borough Planning Commission at the Commission's next regularly scheduled meeting, provided the sketch plan is submitted no less than 14 calendar days prior to the scheduled meeting. If the plan is not submitted at least 14 days prior to the next regularly scheduled meeting, the Planning Commission may decline to review the plan at the next regularly scheduled meeting and review the plan at the following regularly scheduled or a special meeting, subject to the provisions of § 375-11.
D. 
At a regular or special meeting, the Borough Planning Commission shall discuss the sketch plan with the applicant to determine its conformance to the requirements of this chapter and suggest any modifications of the plan which are deemed advisable and necessary to secure conformance to the applicable regulations of this chapter. It is the intent of the discussion(s) to provide guidance to the applicant prior to preparing and filing an official submission under this chapter.
E. 
Within seven calendar days after the meeting at which the sketch plan is discussed, the Planning Commission Secretary shall send the applicant written notice of the Planning Commission's recommended modifications in the sketch plan and may list prerequisites to review of the preliminary plan by the Borough Planning Commission.
F. 
Borough Council may review sketch plan applications at their discretion. No official action shall be taken on sketch plan applications.
A. 
Submission. When preliminary plan approval is required according to § 375-10, an application with all required plan and supporting information in accordance with § 375-19 shall be submitted in person by the applicant or his agent to the Borough Secretary. The review of said preliminary plan shall be completed in accordance with the provisions of § 375-11. The Borough Secretary shall not accept a plan from the applicant or his agent if the plan is not submitted in compliance with this provision.
B. 
Application requirements. Official submission of a preliminary plan application shall comprise:
(1) 
Submission of five completed copies of Application for Review of Preliminary Subdivision Plan (Form LSR-2).
(2) 
Submission of a sufficient number of blue-on-white or black-on-white prints on paper of the preliminary plan to comply with the requirements of § 375-14C. If a subdivision is located in or is adjacent to another municipality, one additional print shall be submitted for each additional municipality involved.
(3) 
Five copies of all other information and plans as required by § 375-19.
(4) 
Payment of the filing fee, which shall be charged in order to cover the cost of reviewing the subdivision plan.
(5) 
An affidavit that the applicant is the owner or equitable owner of the land proposed to be subdivided.
C. 
Distribution. The Borough Secretary shall distribute submitted information as follows:
(1) 
To the Borough Planning Commission.
(a) 
Two copies of the plan;
(b) 
One copy of Application for Review of Preliminary Subdivision Plan; and
(c) 
One copy of all other required information and plans.
(2) 
To the Borough Engineer.
(a) 
One copy of the plan;
(b) 
One copy of Application for Review of Preliminary Subdivision Plan; and
(c) 
One copy of all other required information and plans.
(3) 
To the Borough Zoning Officer.
(a) 
One copy of the plan.
(4) 
To the President of the Borough Council.
(a) 
Two copies of the plan;
(b) 
One copy of Application for Review of Preliminary Subdivision Plan; and
(c) 
One copy of all other required information and plans.
(5) 
To be retained by the Borough Secretary.
(a) 
One copy of the plan;
(b) 
One copy of Application for Review of Preliminary Subdivision Plan; and
(c) 
One copy of all other required information and plans.
(6) 
To the Chester County Planning Commission:
(a) 
One copy of the preliminary plan;
(b) 
One copy of the Chester County Planning Commission Referral Form; and
(c) 
One copy of all other required information.
(d) 
Required fee.
(7) 
One additional print of the preliminary plan in each of the following circumstances:
(a) 
Whenever the property being subdivided abuts a state-owned road, and
(b) 
Whenever a proposed subdivision is located in or adjacent to more than one municipality, in which case one additional print shall be submitted for each additional municipality involved.
(8) 
Whenever erosion and sediment controls are required, the following shall be submitted to the Chester County Soil and Water Conservation District Office for review:
(a) 
Two prints of the plan;
(b) 
One copy of Application for Review of Preliminary Subdivision Plan; and
(c) 
One copy of all other required information and plans.
D. 
Review. When a preliminary plan has been officially accepted for review by the Borough Planning Commission, it shall be reviewed by the Borough Planning Commission at its next regularly scheduled meeting, in accordance with § 375-11, provided that the written report of the County Planning Commission regarding the plan in question has been received prior to that regularly scheduled meeting and the Borough Planning Commission determines that it will be able to adequately study the preliminary plan before the regularly scheduled meeting.
(1) 
If the Borough Planning Commission has not received such written report from the County Planning Commission, the Borough Planning Commission may decline to review the plan at its regularly scheduled meeting and review the plan at a special meeting or at another regularly scheduled meeting.
(2) 
No official action should be taken by the Borough Planning Commission with respect to a preliminary plan until the Commission has received written reports regarding the plan in question from the County Planing Commission, and, where applicable, the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Transportation and the Chester County Conservation District. If the aforementioned reports are not received within 30 days after such agencies receive the request to review the preliminary plan, the Borough Planning Commission should proceed to take official action on the plan in question.
(3) 
If the Borough Planning Commission determines that it cannot adequately study the preliminary plan before the regularly scheduled meeting, it may decline to review the plan at the regularly scheduled meeting and review the plan at a special meeting or at another regularly scheduled meeting.
(4) 
At a regularly scheduled or special meeting, the Borough Planning Commission shall review the preliminary plan to determine its conformance to the standards contained in this chapter and shall recommend such changes and modifications as it shall deem necessary or advisable to assure compliance with this chapter.
(5) 
The Borough Engineer shall review each plan to ascertain whether the plan meets the requirements of this chapter, and if the plan does not meet these requirements, recommended what modifications in the plan are required to secure compliance with the requirements of this chapter.
(6) 
When reviewing a plan at a regularly scheduled or special meeting, the Borough Planning Commission should consider, in addition to its own comments, written reports regarding the subdivision in question from the following:
(a) 
The Borough Engineer.
(b) 
The Borough Zoning Officer.
(c) 
The County Planning Commission.
(d) 
When the property being subdivided abuts a state legislative route or when preliminary highway design would affect the property, the report of the Pennsylvania Department of Transportation on the effect of the proposed subdivision on existing or proposed state highway facilities.
(e) 
Whenever sediment controls may be needed, the report of the Chester County Conservation District.
(7) 
Within five calendar days after the meeting at which the preliminary plan is reviewed and a recommendation has been made by the Borough Planing Commission, the Planning Commission shall notify the following of its recommendation:
(a) 
The Borough Secretary.
(b) 
The President of the Borough Council.
(c) 
The applicant or his agent.
E. 
Report to Borough Council.
(1) 
Within five calendar days after the meeting at which a recommendation on the preliminary plan has been made, a report regarding the recommendation shall be sent to the President of the Borough Council. If all the requirements of this chapter are met and the review of the plan is favorable, the Chairman of the Borough Planning Commission shall note such fact on one copy of the preliminary plan and one copy of all supporting data and forward these to the Borough Council, together with a recommendation for approval of the plan.
(2) 
If the review of the Borough Planning Commission is unfavorable because the requirements of this chapter have not been met or because the Commission deemed modifications of the plan as submitted desirable or necessary, the recommended modifications in the plan and/or the specific provision of this chapter which have not been met shall be noted on one copy of the preliminary plan and one copy of all supporting data and these shall be forwarded to the Borough Council, together with a recommendation that the plan not be approved.
F. 
Review by Borough Council. When a preliminary plan has been submitted to the Borough Council by the Borough Planning Commission, the plan shall be reviewed at a regularly scheduled meeting of the Council or at a special meeting.
(1) 
The Borough Council shall review the preliminary plan and the written reports of the Borough Planning Commission, the Borough Engineer, the Borough Zoning Officer, and all other reports which may have been received from county and state agencies. The Borough Council shall either approve or disapprove the plan. No official action shall be taken by the Borough Council with respect to a preliminary plan until the Borough has received the written report of the County Planning Commission, and where applicable, the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection, and the Chester County Conservation District, provided that such reports are received within 30 days after the County Planning Commission receives a request to review the preliminary plan. Failure of the County Planning Commission to act within 45 days shall constitute approval of the plan as submitted and the Borough Council may officially act on the basis of such approval. Within five days after the meeting at which the plan is reviewed, the Borough Secretary shall notify, in writing, the following of the action taken by the Borough Council regarding the preliminary plan:
(a) 
Borough Planning Commission.
(b) 
Borough Engineer.
(c) 
Borough Zoning Officer.
(d) 
Applicant or his agent.
(2) 
The Borough Council shall, within 90 days after the date the Borough accepted a preliminary plan for review, notify the applicant or his agent of the action taken by the Council.
(a) 
A special meeting of the Borough Council may be scheduled prior to a regularly scheduled meeting in order to comply with the time requirements.
(b) 
Before acting on a preliminary plan, the Council may arrange for a public hearing on the plan, pursuant to public notice.
(3) 
The Borough Council may decide one of the following on an application:
(a) 
The action of the Council may be favorable, approving the preliminary plan application.
(b) 
The action of the Council may be unfavorable, disapproving the application of which the plan forms a part. The findings and reasons upon which the Council's action is based shall be given, in writing, to the individuals and groups listed in § 375-14F(1), and stated in the minutes of the meeting at which the Council reviews the plan.
(c) 
When the plan as submitted is not approved, the report shall specify the requirements of this chapter which have not been met.
(4) 
The approval of a preliminary plan does not authorize the recording of the plan or the sale or transfer of lots.
(5) 
Approval stipulations. The approval of a preliminary plan shall assure an applicant that:
(a) 
The general layout of streets, lots and other features shown on the preliminary plan is approved and shall be the basis for the preparation of detailed improvement plans and the final plan, provided that the final plan is submitted within one year of the date of the approval of the preliminary plan or submitted within an extended period of time if such an extension is approved by the Borough Council.
(b) 
The general terms and any special conditions under which the approval of the preliminary plan was granted will not be changed. The applicant should note that a final plan not submitted within one year of the date of approval of a preliminary plan, or within an extended period of time if such an extension is granted by the Borough Council, may be considered a new preliminary plan.
A. 
Submission. In the case of major applications, within 12 months after approval of the preliminary plan, a final plan with all necessary supplementary data, as specified in § 375-20, shall be submitted in person to the Borough Secretary. An extension of time may be granted by the Borough Council upon written request, provided that the extension of time shall not exceed one year. Failure to meet this time limitation may result in a determination by the Commission that it will consider any plan submitted after 12 months as a new preliminary plan.
(1) 
Final plans and required supplementary data for all proposed subdivisions shall be submitted in person by the applicant to the Borough Secretary. Such submission shall occur not less than 14 days prior to a regularly scheduled meeting of the Borough Planning Commission. The Borough Secretary shall not accept a plan from the applicant or his agent if the plan is not submitted in compliance with this section.
(2) 
The Borough Council shall, within 90 days after an application for review of a final plan is filed, review the plan and notify the applicant of its action regarding the plan in accordance with § 375-11.
(3) 
Official submission of a final plan to the Borough shall comprise:
(a) 
Submission of five completed Application for Review of Final Subdivision Plan (Form LSR-3).
(b) 
Submission of 14 black-on-white or blue-on-white prints on paper of the final plan, which shall fully comply with § 375-20 of this chapter.
(c) 
Whenever a proposed subdivision is located in or adjacent to more than one municipality, one additional print shall be submitted for each additional municipality involved.
(d) 
Submission of five copies of all other supplementary data and plans as outlined in § 375-19.
(e) 
All filing fees and charges according to § 375-62.
(4) 
The Borough Planning Commission may permit submission of the final plan in sections, each section covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plan.
(5) 
The final plan shall conform in all important respects to the approved preliminary plan and shall incorporate all modifications required by the Borough Council in their approval of the preliminary plan. Failure to comply with past reviews shall result in nonapproval of the plan. The Commission may accept a final plan modified to reflect any substantial changes on the site of the proposed subdivision or in its surroundings which occurred after the preliminary plan review. If substantial changes on the site do occur, the Borough Council shall determine whether a modified final plan will be accepted or whether a new preliminary plan shall be submitted.
B. 
Distribution. Distribution of final plans and supporting data submitted to the Borough Secretary shall be made as follows:
(1) 
To the Borough Engineer:
(a) 
One copy of the plan.
(b) 
One copy of Application for Review of Final Subdivision Plan.
(c) 
One copy of all supplementary data and plans.
(2) 
To the Borough Zoning Officer.
(a) 
One copy of the plan.
(3) 
To the Borough Planning Commission:
(a) 
Two copies of the plan.
(b) 
One copy of Application for Review of Final Subdivision Plan.
(c) 
One copy of all supplementary data and plans.
(4) 
To the President of Borough Council:
(a) 
Six copies of the plan.
(b) 
One copy of Application for Review of Final Subdivision Plan.
(c) 
One copy of all supplementary data and plans.
(5) 
To be retained by the Borough Secretary:
(a) 
One copy of the plan.
(b) 
One copy of Application for Review of Final Subdivision Plan.
(c) 
One copy of all supplementary data and plans.
(6) 
To the County Planning Commission, if the Borough Planning Commission determines that the County Planning Commission should review the final plan, or in the case of all minor plans:
(a) 
One copy of the plan.
(b) 
One copy of the county referral form.
(c) 
One copy of all required supplementary data and plans.
(d) 
Required fee.
(7) 
When the property being subdivided is in or adjacent to more than one municipality, one additional copy of the plan for each additional municipality involved.
(8) 
When the property being subdivided abuts a state-owned road, one additional copy of the plan.
C. 
Review of final plan. When a final plan has been officially accepted for review by the Borough Planning Commission, it shall be reviewed by the Planning Commission at its next regularly scheduled meeting, provided that the written report of the County Planning Commission regarding the plan in question has been received prior to that regularly scheduled meeting and that the Borough Planning Commission determines that it will be able to adequately study the final plan before the regularly scheduled meeting.
(1) 
If the Borough Planning Commission has not received such a written report from the County Planning Commission, the Borough Planning Commission may decline to review the plan at its regularly scheduled meeting and review the plan at a special meeting or at another regularly scheduled meeting.
(2) 
If the Borough Planning Commission determines that it cannot adequately study the final plan before the regularly scheduled meeting, it may decline to review the plan at its regularly scheduled meeting and review the plan at a special or another regularly scheduled meeting.
(3) 
At the meeting at which the final plan is reviewed, the Borough Planning Commission shall review the plan to determine its conformance with the requirements of this chapter. At this meeting, written reports regarding the subdivision in question from the Borough Zoning Officer and the Borough Engineer shall be reviewed. If any reports regarding the subdivision in question from the County Planning Commission or other county or state agencies have been received prior to the meeting, these reports shall also be reviewed at the meeting.
(4) 
If the County Planning Commission has been asked to review a final plan, no official action should be taken by the Borough Planning Commission with respect to a final plan until the Commission has received a written report regarding the plan in question from the County Planning Commission and, where applicable, the Pennsylvania Department of Transportation, provided such reports are received within 30 days after the County Planning Commission received a request to review the final plan.
(5) 
Within five calendar days after the meeting at which the final plan is reviewed by the Borough Planning Commission, the Planning Commission Secretary shall notify, in writing, the following regarding the recommendation of the Planning Commission:
(a) 
Borough Secretary.
(b) 
Borough Engineer.
(c) 
Borough Zoning Officer.
(d) 
Applicant, or his agent.
(e) 
President of Borough Council.
(6) 
If all the requirements of this chapter are met and the review is favorable, the Planning Commission shall authorize its Chairman to place on the plan "Reviewed and Approved by the Borough Planning Commission," together with the date of such action, and forward the plan to the Borough Council.
(7) 
If the review of the Borough Planning Commission is not favorable, the Planning Commission shall recommend that the plan not be approved and explicitly state the reasons for such action. Any modifications in the plan which the Planning Commission feels should be prerequisites to approval of the final plan shall also be noted. Copies of these statements shall be distributed to the persons listed under § 375-15C(5) of this article.
D. 
Review by Borough Council. When a final plan application has been submitted to the Borough Council by the Planning Commission, the plan shall be reviewed by the Council at a regularly scheduled meeting or at a special meeting.
(1) 
At a regularly scheduled or a special meeting, the Borough Council shall review the final plan and any written reports regarding the plan from the Borough Planning Commission, the County Planning Commission, the Borough Engineer, the Borough Zoning Officer and, where applicable, the Pennsylvania Department of Transportation.
(2) 
If the County Planning Commission has been asked to review a final plan, no official action shall be taken by the Borough Council with respect to a final plan until the Borough has received the written report of the County Planning Commission and, where applicable, the Pennsylvania Department of Transportation, provided that such reports are received within 30 days after the County Planning Commission received a request to review the final plan. If the County Planning Commission fails to respond within 30 days, the Borough Council may officially act on the application without an official county review.
(3) 
Before acting on a final plan, the Council may arrange for a public hearing on the plan, giving public notice as defined in Act 93 of 1972.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(4) 
Within 15 days after the meeting at which the final plan is reviewed by the Council, the Borough Secretary shall notify, in writing, the following of the action taken by the Council regarding the final plan:
(a) 
Borough Planning Commission.
(b) 
Borough Engineer.
(c) 
Borough Zoning Officer.
(d) 
Applicant or his agent.
(5) 
Action by the Council may be favorable, approving the final plan, or the action may be unfavorable, giving disapproval to the application of which the plan forms a part. The findings and reasons upon which the Council's action is based shall be given, in writing, to the persons listed in § 375-15D(4) and also stated in the minutes of the Borough Council. Any modifications in the plan required as prerequisites to approval of the final plan shall be stated.
(6) 
The Borough Council shall, within 90 days after the date the Borough accepts a final plan for review, notify the applicant or his agent of the action taken by the Council in accordance with § 375-11.
(7) 
A plan which has been granted final plan approval shall not be recorded until the requirements of § 375-16, Recording of final plan, have been met.
A. 
Within 30 days after a plan has received final approval and before a plan may be recorded and before the issuance of any building permits, the applicant shall deliver to the Borough Council a performance guarantee in accordance with the provisions of § 375-57.
B. 
After a plan has been granted final approval and after receiving necessary performance guarantees according to § 375-57, the Council and the Planning Commission shall place their endorsements on the record plan page(s). The record plan of the application which has secured final approval shall be signed by the President of the Borough Council and the Borough Seal shall be affixed to the plan. No subdivision or land development plan may be legally recorded unless it bears Borough approval indicated by the signature of the President of the Borough Council and the Borough Seal.
C. 
The record plan shall be a clear and legible, black-on-white print, on linen.
D. 
No subdivision or land development plan shall be legally recorded unless it has been endorsed by the County Planning Commission. After an applicant has received final approval from the Borough Council and five copies of the recorded plan have been endorsed according to § 375-16B, the applicant shall submit the copies of the plan to the County Planning Commission for endorsement.
E. 
After the record plan has been endorsed by the County Planning Commission in accordance with § 375-16D, the copies of the record plan shall be filed with the County Recorder of Deeds within 90 days of the date of the meeting at which final approval of the plan was granted by Borough Council or 90 days after the date of delivery of an approved plat signed by the governing body following completion of conditions imposed for such approval, whichever is later. If the applicant fails to record the final plan within such period, the action of the Borough shall be null and void. The applicant shall provide the Borough with satisfactory evidence that he has filed the record plan with the County Recorder of Deeds prior to issuance of any zoning or building permits.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F. 
The Borough shall receive one copy of the final plan as approved by the Borough.
G. 
All streets, parks, or other improvements shown on the subdivision plan shall be deemed private until such time as the same have been offered for dedication to the Borough and accepted by resolution of the Borough Council. If any improvement is to be dedicated to the Borough, such offer of dedication shall be submitted to the Borough for acceptance prior to the recording of the final plan. The acceptance of any improvements shall be by a separate action of the Borough Council.