Township of Sadsbury, PA Article III Plan Processing and Content

§ 109-300 Plan classification.

A. It is the intention of the Board of Supervisors in enacting these procedures to provide the applicant with a timely and comprehensive review of plans submitted for subdivision and/or land development. To this end, the following classifications of plans are established as hereinafter provided:

(1) Sketch plans.

(2) Preliminary plans.

(3) Final plans.

B. 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:

(1) Minor subdivision plan.

(a) A subdivision plan may be classified as a minor subdivision where all of the following circumstances apply:

[1] No street, either public or private, or any improvement intended to be dedicated to the Township is to be constructed; and

[2] No land disturbance activities will take place except those that are incidental to construction of a single-family dwelling on a single lot; and

[3] No more than two lots are proposed; and

[4] Further subdivision cannot occur by virtue of insufficient size to permit additional subdivision within the resulting lots.

(b) The purpose of the plan is to provide a lot line adjustment and no development is proposed.

(c) A subdivision wherein the minimum size of all resulting lots exceeds 10 acres.

(2) Major subdivision plan or land development plan.

(a) All subdivision plans not classified as minor subdivision plans, as defined above, and all land development proposals shall be processed under this category.

(b) The plan content, submission and approval procedures provided by this Article III shall apply to all major subdivision and land development proposals.

C. In the case where subdivision or land development does not propose the development of the entire parcel, the Board of Supervisors may require the submission of a sketch plan indicating how the remainder of the tract will be used in the future.

§ 109-301 Review by Chester County and other agencies.

A. Chester County Planning Commission. The applicant shall supply one copy of all preliminary plans and final plans, and all supporting information, including the sewage facilities planning module, to the Township for submission to the Chester County Planning Commission for their review.

B. Chester County Health Department. The applicant shall supply two copies of the preliminary plan and sewage facilities planning module to the Township for submission to the Chester County Health Department for review of matters relating to requirements for public water and sewer systems.

C. Chester County Conservation District. One copy of the final plan shall be provided for submission to the Chester County Conservation District for review of stormwater and soil erosion management.

D. Other agencies. The applicant shall submit additional copies of plans as may be required by the Planning Commission or Board of Supervisors for review by county, state, federal, or other reviewing or regulatory agencies, the Fire Company, Police Department, water supply provider, and the sanitary sewage disposal provider in the Township.

§ 109-302 Sketch plan review and content.

A sketch plan for a proposed subdivision or land development may be, at the option of the applicant, submitted to the Township Planning Commission for review. The submission of a sketch plan does not constitute submission of an application for approval of a subdivision or land development plan. However it does represent a basis for informal discussion between the Planning Commission and the applicant which may afford the applicant valuable assistance in formulating plans, documents and other material for preliminary plan processing. In the event that an applicant submits a sketch plan for review, the following shall apply:

A. Twelve copies of the sketch plan may be submitted to the Township for the following distribution:

(1) Two copies shall be retained by the Township Secretary for Township files.

(2) Eight copies shall be forwarded to the Planning Commission, one of which shall be retained for Planning Commission files and seven of which shall be used for informal review and discussion purposes by the Planning Commission.

(3) One copy shall be forwarded to the Township Engineer for review and comment.

(4) One copy shall be forwarded to the Township Planner for review and comment.

B. The sketch plan shall contain the name, address and telephone number of the legal owner of the property, the applicant, if not the legal owner and the agent, if any, of the applicant.

C. The sketch plan shall be submitted at least 14 days prior to the regularly scheduled meeting of the Planning Commission at which the sketch plan will be reviewed. Within the fourteen-day time period, the Township Engineer and Township Planner shall submit review comments on the plan by letter or memorandum to the Planning Commission. The applicant shall agree to establish an escrow for the reimbursement of review fees by the Township Engineer, Township Planner and other professional consultants before obtaining their reviews.

D. The Planning Commission shall review the sketch plan with the applicant, or applicant's agent, if such person is present at the meeting. In the event such person is not present, the Planning Commission shall communicate in writing to the applicant all of the review comments pertaining to the sketch plan.

E. The Planning Commission's review shall take into consideration the requirements of this chapter and all other relevant Township ordinances, regulations, plans, maps and shall pay particular attention to the following: the arrangement, sizes and locations of lots and proposed structures, if any; stormwater management; the relation of the proposed subdivision or land development to the natural and cultural features of the site; infrastructure requirements of the proposed subdivision or land development; the relationship of the proposed subdivision or land development with the surrounding community; the potential further development of adjoining lands; and the compatibility of the proposed subdivision or land development with the Comprehensive Plan and other relevant planning documents.

F. At a minimum, the following information shall be provided on the sketch plan:

(1) A location map which highlights the location of the site within the Township and depicts adjoining and nearby streets.

(2) Tract boundaries with dimensions, tract area and the names of adjoining property owners.

(3) North arrow, written and graphic scale, not greater than one inch equals 200 feet, and date.

(4) Name and address of the owner/applicant.

(5) Name of subdivision or land development.

(6) Name and address of the applicant's engineer, surveyor, planner, architect, landscape architect or site designer responsible for preparing the plan.

(7) The title: "sketch plan."

(8) Streets on and adjacent to the tract (both existing and proposed) with dimensions.

(9) Existing rights-of-way and easements with dimensions.

(10) Schematic layout indicating a general concept for land conservation and development.

(11) Zoning district and requirements and a statement as to the degree to which the plan meets those requirements.

(12) Proposed open space and/or recreation areas, and proposed management and ownership of such.

(13) In the case of land development plans, proposed general layout, including building locations, parking lots, and open space.

(14) Topography. Ten-foot contour intervals (from USGS maps) are permissible. Slopes between 15% and 25% and those exceeding 25% shall be clearly indicated.

(15) The location and delineation of ponds, streams and natural drainage courses, as well as the 100-year floodplains and wetlands. Areas of wetlands on the proposed development site shall also be indicated, as evident from testing, visual inspection or from the presence of wetland vegetation and soils.

(16) Vegetative cover conditions on the site according to general cover type, indicating cultivated land, permanent grassland, old field, hedgerow, woodland, and canopy line of existing trees and woodlands. Vegetative types shall be described in terms of plant community, relative age and condition.

(17) High groundwater areas as identified by the location of soils with seasonal or perennial high water tables mapped in the U.S. Department of Agriculture, Natural Resources Conservation Service, Soil Survey of Chester and Delaware Counties, Pennsylvania.

(18) Soil series, types and phases, as mapped in the U.S. Department of Agriculture, Natural Resources Conservation Service, Soil Survey of Chester and Delaware Counties, Pennsylvania and accompanying data for each soil relating to its suitability for construction.

(19) The location and dimensions of all buildings, other structures, utilities and other improvements.

§ 109-303 Preliminary plan submission, resubmission, review and content.

A. Complete submission.

(1) All preliminary plans submitted pursuant to this chapter shall conform to the requirements of this section.

(2) All preliminary plans, as further described in this section, together with a completed official application, available from the Township, shall be submitted, along with supporting information, to the Township at least 14 days prior to a regularly scheduled meeting of the Board of Supervisors in order to be placed on the agenda for that meeting. The Board of Supervisors shall, at such meeting, determine if a complete application and preliminary plan has been presented, and if so, shall accept such application and preliminary plan and thereby initiate the ninety-day review period, as provided in § 109-303B. The Board of Supervisors shall acknowledge such acceptance in the minutes of their meeting.

(3) The Board of Supervisors shall receive comments from reviewing agencies and individuals as provided in this section.

(4) All revisions to preliminary plans shall be submitted to the Township for review by the Township Engineer and the Township Planner no less than 14 consecutive calendar days prior to a regularly scheduled meeting of the Planning Commission in order to be placed on the agenda for that meeting.

(5) Copies of the application and the preliminary plan, and supporting information, as further described in this section, shall be supplied to the Township to permit the following distribution:

(a) Two copies of the preliminary plan and official Township application, all supporting information, including the sewage facilities planning module, and the required escrow and application fees to the Township;

(b) One copy of the preliminary plan, county referral form, all supporting information, including the sewage facilities planning module, and accompanying fee to the County Planning Commission;

(c) Two copies of the preliminary plan, two completed sewage facilities planning modules, plans and appropriate fee to the Chester County Health Department;

(d) One copy of the preliminary plan, and supporting information and plans to the Township Engineer;

(e) One copy of the preliminary plan, and supporting information and plans to the Township Planner.

(f) Eight copies of the preliminary plan, and supporting information and plans to the Township Planning Commission, one copy to be retained for the Planning Commission files. The stormwater and traffic analyses shall be submitted to the Planning Commission as an executive summary only that shall include a description of the analysis and the final design and a statement of compliance with Chapter 104, Stormwater Management, of the Code of Sadsbury Township and compliance with the traffic standards and requirements of this and, as applicable, other Township ordinances;

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(g) One copy of the preliminary plan to any adjacent municipality or other governmental agency affected by the proposed development when requested by the Board of Supervisors or the Planning Commission.

(6) When required, revised preliminary plans shall be submitted to the Township to permit the following distribution:

(a) Two copies of the preliminary plan, and only if revised, two copies of all supporting information and the sewage facilities planning module to the Township;

(b) If revised, two completed sewage facilities planning modules and plans and the appropriate fee to the Chester County Health Department;

(c) One copy of the preliminary plan and only if revised one copy of all supporting information to the Township Engineer;

(d) Eight copies to the Township Planning Commission, one of which shall be retained for the Planning Commission files.

(7) The applicant shall furnish additional copies of preliminary plans and supporting information at the Township's request.

(8) The Township shall note the date of the receipt of the application, and any fees and escrow deposits, as determined by resolution of the Board of Supervisors. The application shall not be processed until the required fees and escrow deposits have been received.

B. Review. The preliminary plan shall be reviewed by the Planning Commission at the next regularly scheduled meeting and shall also be reviewed by the Township Engineer and Township Planner, the Chester County Planning Commission, the Chester County Health Department, and such other professionals and agencies as deemed appropriate by the Planning Commission.

(1) Official review period.

(a) The Township shall have 90 days in which to review and take action on the preliminary plan.

(b) The ninety-day period shall commence on the date of the regularly scheduled Board of Supervisors meeting that a complete application and preliminary plan is accepted by the Board of Supervisors, as provided in § 109-303A(2).

(c) An extension of the ninety-day review period shall occur only when agreed to in writing by the applicant and accepted by the Board of Supervisors. All such extensions granted shall be for a minimum of 90 days.

(2) Review by the Township Engineer and Township Planner and other professionals deemed necessary by the Board of Supervisors.

(a) The review by the Township Engineer shall include an examination of the content of the plans to be certain that all information required by this chapter is presented in the plans submitted, and investigation of the plan to ensure compliance with all other applicable Township ordinances, an examination of the engineering and design feasibility of the various alternatives presented for the location, alignment and grade of streets, stormwater drainage, sanitary sewers and water supply. The Township Engineer shall confer with the applicant to the extent necessary to obtain conformity of the plan with these regulations and to comment upon the matters subject to his review.

(b) The review by the Township Planner shall include an examination of the content of the plans to be certain that all information required by this chapter is presented in the plans submitted, and investigation of the plan to ensure compliance with all other applicable Township ordinances and related design standards, an examination of the overall site design including parking and loading, landscaping and lighting, its functional and aesthetic relationship to adjoining properties and uses, its consistency, as applicable, with the Comprehensive Plan and other planning documents of the Township. The Township Planner shall confer with the applicant to the extent necessary to obtain conformity of the plan with these regulations and to comment upon the matters subject to his review.

(3) Review by the Township Planning Commission.

(a) The Township Planning Commission shall review all plans referred to it and shall consider any recommendations made by a county agency, the Township Engineer, the Township Planner and any other persons or agencies who shall have submitted comments with respect to any such application.

(b) In its review of the preliminary plan, the Planning Commission shall examine the plan with particular emphasis on determining the suitability of the plan for the development of land and its relationship to the proper extension of streets and utilities, arrangement and density of housing or other uses, and compatibility of the plan with the Township Comprehensive Plan and Chapter 129, Zoning, of the Code of the Township of Sadsbury. The Planning Commission shall also assess the adequacy of parking, surface and storm drainage, access and landscaping or other related design standards. The applicant shall also provide a sketch plan for any remaining vacant lands.

(c) After such review, the Planning Commission shall send written notice of its action and the reasons therefore, citing specific sections of the ordinance relied upon, along with the written comments of the Township Engineer, the Township Planner, the Chester County Planning Commission, and other agencies which have submitted comments, to the Board of Supervisors, with a copy to the applicant, within five business days of completion of the Planning Commission's review.

(4) Review by the Board of Supervisors.

(a) When a written report has been sent to the Board of Supervisors by the Planning Commission such plan shall be placed on the Supervisors' agenda for its review at its next regularly scheduled meeting.

(b) The Supervisors shall, at one or more regular or special public meetings, review the plan, other supporting information, and the written comments of the Planning Commission, Township Engineer, the Township Planner, and other professionals as deemed appropriate; County Planning Commission, and all other reviewing agencies, to determine conformity of the plan to the standards of this chapter and any other applicable ordinance. The Supervisors may specify conditions, changes, modifications, or additions to the plan which it deems necessary and may make a decision to grant preliminary plan approval subject to such conditions, changes, modifications, or additions, citing appropriate ordinance provisions as described in § 109-303B(4)(d). When a plan is not approved in terms as filed, the decision of the Supervisors shall specify the defects found in the plan and describe the requirements which have not been met and shall, in each case, cite the provision of the ordinances relied upon in the decision. If the Supervisors approve the preliminary plan, the minutes of the meeting shall reflect such approval either with or without conditions.

(c) Notwithstanding the foregoing procedure, the Supervisors shall render a decision on all preliminary plans within 90 days following the date that the application and preliminary plan was accepted by the Board of Supervisors, unless timeline is mutually extended. The decision of the Supervisors shall be in writing and shall be communicated to the applicant by mail not later than 15 days following the decision or by the end of the extension period.

(d) Whenever the approval of a preliminary plan is subject to conditions, the written action of the Supervisors as prescribed herein shall specify each condition of approval, citing relevant chapter provisions in each case, and require the applicant's written agreement to the conditions. Where the applicant's written concurrence is not received within the time allotted, the Supervisors shall be deemed to have denied approval.

(e) Before acting upon any subdivision or land development plan, the Board of Supervisors may hold a public hearing thereon pursuant to public notice.

C. Content. A preliminary plan shall contain the following information and be prepared in accordance with the following minimum standards:

(1) General content.

(a) Name, address, telephone, fax number and e-mail address of the applicant, or authorized agent and of the owner of record;

(b) Name of subdivision or land development or other identifying title. If subsequent to the initial preliminary plan application, the name is proposed to be changed; the applicant shall be required to first obtain the approval of the Board of Supervisors of the change in name;

(c) Name, address and telephone number of the registered engineer or surveyor responsible for preparing the plan. If a registered engineer, architect or landscape architect collaborated in the preparation of the plan, the name, address, telephone number and seal of such architect or landscape architect shall also appear. All preliminary plans must be accompanied by a boundary survey signed and sealed by a registered surveyor;

(d) Written and graphic scale, not greater than one inch equals 200 feet;

(e) The title: "preliminary plan";

(f) North arrow;

(g) A location map for the purpose of locating the site to be subdivided or developed, at a scale of not less than 2,000 feet to the inch, showing the relation of the tract to adjoining properties and to all streets and municipal boundaries existing within 1,000 feet of any part of the property proposed to be subdivided or developed;

(h) Streets on and adjacent to the tract (both existing and proposed);

(i) Zoning information, including applicable district, area, bulk and dimensional requirements, documentation for any conditional use, variance or special exception, including any conditions established by the relief granted, that may have been granted, and any zoning boundaries that traverse or are within 200 feet of the tract;

(j) All waivers requested by the applicant to be granted by the Supervisors and all variances requested by the applicant to be granted by the Zoning Hearing Board shall be clearly stated on the first sheet of the preliminary plan with the reasons for such waiver and the chapter section from which such waiver has been granted. If, subsequent to the initial preliminary plan application, waivers or additional waivers or variances or additional variances are requested, the applicant shall be required to file a new preliminary plan application which shall be subject to a new ninety-day review period. The fee will be waived but the escrow shall be recharged;

(k) Original date of preparation and revision dates with concise descriptions of each revision;

(l) Total tract boundaries showing bearings and distances and along all existing rights-of-way within and adjacent to the tract prepared by a registered professional land surveyor;

(m) Total area of the tract in acres and square feet, to the nearest hundredth of an acre, and the area of the tract for both total and net lot area;

(n) The applicable front, side, and rear setbacks shall be shown on each lot, including the required setbacks from pipeline rights-of-way indicated in § 109-422. The result is an indication of the building envelope, or that area where building is permitted;

(o) The names of all owners of all adjacent lands, the names of all proposed and existing adjacent subdivisions;

(p) The locations and dimensions of all rights-of-way or other easements of existing streets, railroads, sewers and sewage systems, water mains and feeder lines (fire hydrants shall also be shown), gas, electric, and oil transmission lines. Watercourses, sources of water supply, driveways and other significant features on the property shall be delineated. All of the foregoing features shall be delineated on the property and within 100 feet of any part of the property proposed to be developed or subdivided;

(q) The locations and dimensions of all historic resources, where known, trails and significant natural features including topography and areas of steep slope [see § 109-303C(1)(x)], wetlands [see § 109-303C(1)(r)], 100-year floodplains, swales, rock outcrops, vegetation, and trees of eight inches DBH, or greater, as indicated from the site analysis map as required under § 109-303C(3).

(r) The applicant shall obtain a wetlands survey performed by a firm competent to complete such surveys, prepared in accordance with Pennsylvania Department of Environmental Protection criteria and delineated according to the procedures contained in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. If no such lands exist on the property for which the subdivision or land development is proposed, the plan must include a statement indicating so. Whenever the Township Planning Commission and/or either the Township Engineer or Township Planner have reasonable evidence that wetlands may be present or may extend beyond the boundaries shown, the Township may require a U.S. Army Corps of Engineers delineation that shall serve as final arbitration;

(s) Any proposed improvements requiring a permit from the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection shall be so indicated;

(t) The locations and widths of any proposed streets or other public ways or places as shown upon an adopted local plan, if such plan exists for the area to be subdivided or developed;

(u) Locations of all existing structures should be labeled noting whether they are proposed to be removed or to remain on the tract, and the distance thereof from lot lines;

(v) Contour lines at vertical intervals of not more than two feet. Actual field surveying or aerial photo interpretation shall be required when public improvements are proposed;

(w) Location and elevation of the datum to which contour elevations refer; and the established benchmark;

(x) Certification as to the accuracy of the plan and details of such plans shall be prepared in accordance with Act 367, known as the "Professional Engineers Registration Law";[1]

[1] Editor's Note: See 63 P.S. § 148 et seq.

(y) All notations on the plan must be readable with a minimum font size of 10. Illegible notations will be considered incomplete data on the plan;

(z) A sketch plan shall be provided for any remaining vacant lands of the applicant.

(2) Drafting standards.

(a) The plan shall be drawn on a scale of no greater than one inch equals 50 feet.

(b) Dimensions shall be set in feet, bearing in degrees, minutes, and seconds, with errors of closure not to exceed one part per 25,000.

(c) Each sheet shall be numbered and shall show its relationship to the total number of sheets.

(d) The plan shall bear an adequate legend to indicate clearly which features exist and which are proposed.

(e) The original drawing, and all submitted prints thereof, shall be made on sheets of 24 inches by 36 inches.

(f) Additionally, seven copies of an 11 x 17 set of plans shall be submitted.

(g) If the preliminary plan requires more than one sheet, a master sheet at a scale not smaller than one inch equals 400 feet showing the location of each section shall accompany the plan.

(h) If more than one scale is used in the plan, a key must be provided that indicates the difference in scale.

(3) Site analysis map. For any proposed subdivision and land development, a site analysis map shall be prepared to provide the applicant and the Township with a comprehensive analysis of existing conditions, both on the site and within 500 feet of the site. Conditions beyond the site boundaries may be described on the basis of existing published data available from the Township or other governmental agencies and from aerial photography. The map shall conform to the drafting standards of § 109-303C(2), herein and shall provide the following.

(a) Topography, not older than two years, shall depict the contour lines at two-foot intervals. Ten-foot contour intervals (from USGS maps) are permissible to show the topography beyond the site boundaries. Slopes between 15% and 25% and those exceeding 25% shall be clearly indicated. Topography for a major subdivision and land development shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official USGS bench marks.

(b) The location and delineation of ponds, streams and natural drainage courses, as well as the 100-year floodplains and wetlands. Additional areas of wetlands on the proposed development site shall also be indicated, as evident from testing, visual inspection or from the presence of wetland vegetation and soils.

(c) Alluvial soils, wherever they extend beyond the limits of the Floodplain Overlay District.

(d) Drainage basins and subbasins.

(e) Vegetative cover conditions on the site according to general cover type indicating cultivated land, permanent grassland, old field, hedgerow, woodland and wetland, individual trees with a caliper in excess of eight inches and the actual canopy line of existing trees, and woodlands. Vegetative types shall be described in terms of plant community, relative age and condition.

(f) High groundwater areas as identified by the location of soils with seasonal or perennial high water tables mapped in the U.S. Department of Agriculture, Natural Resources Conservation Service, Soil Survey of Chester and Delaware Counties, Pennsylvania.

(g) Soil series, types and phases, as mapped in the U.S. Department of Agriculture, Natural Resources Conservation Service, Soil Survey of Chester and Delaware Counties, Pennsylvania, and accompanying data for each soil relating to its suitability for construction (and in nonpublicly sewered areas, for septic suitability).

(h) Geologic formations and fault zones on the site shall be identified based upon available published information or more detailed data obtained by the applicant.

(i) The location and dimensions of all existing streets, roads, buildings, utilities and other man-made improvements.

(j) The location of all Township-mapped historically significant areas and structures on the site and on all adjoining tracts.

(k) The locations of all trails that have been in public use (pedestrian, equestrian, bicycle, etc.).

(l) All easements, deed restrictions and other encumbrances of the site that are or have been filed of record with the Recorder of Deeds of Chester County.

(m) All prior conditions of approval of the terms of any prior subdivision, land development, conditional use, special exception, variance or other approval of the Supervisors or Zoning Hearing Board for the site.

(4) The preliminary plan shall be prepared in accordance with § 109-303C(1) and (2), herein, and also include, at a minimum, the following:

(a) Locations and widths of all streets and rights-of-way with a statement of any conditions governing their use, including distance to the nearest intersection;

(b) Existing and proposed street and utility easement locations, with dimensions;

(c) All proposed lot lines with dimensions and lot areas, both gross and net, indicating those limitations excluded in the definition of "lot area";

(d) All land used for utilities shall be on conforming lots, or on an easement on a conforming lot, and be eligible to be utilized as a legal conforming use.;

(e) Building setback lines along each street and the side and rear yard limits;

(f) The first floor elevation of all structures, such first floor elevation to be a minimum of one foot above the elevation of the final average grade;

(g) A statement of the intended use of all nonresidential lots and parcels; including draft documents for ownership and maintenance of such;

(h) Lot numbers, and a statement of the total number of lots and parcels;

(i) Sanitary sewers, storm sewers and stormwater management facilities with the size and material of each indicated, and any proposed connections with existing facilities. Rim invert and top-of-grate elevations shall appear on both the plan view and profile view for all storm and sanitary sewer lines. Such facilities shall include all off site facilities including all drainage easements for drainage off of the property. If public sewer is proposed, evidence of sewer capacity shall be provided;

(j) Location and dimensions of proposed parks, playgrounds, trails and other open space areas to be dedicated or reserved for public use, with any conditions governing such use, ownership and maintenance;

(k) Limit of disturbance line;

(l) Typical street cross sections for all proposed streets, including details relating to thickness, cross slope and construction materials;

(m) If the land to be subdivided lies partially in or abuts another municipality, the applicant shall submit information concerning the location and conceptual design of streets, layout and size of lots and provisions of public improvements on land subject to his control within the adjoining municipality(s). The design of public improvements shall provide for a smooth, practical transition where specifications vary between the Township of Sadsbury and the adjoining municipality(s). Evidence of approval of this information by appropriate officials of the adjoining municipality(s) shall also be submitted.;

(n) Where the applicant proposes to install the improvements in phases, he shall submit with the preliminary plan, pursuant to Section 508(4)(v) of the Municipalities Planning Code, as amended,[2] a delineation of the proposed sections and a schedule of the deadlines within which applications for final approval of each section are to be filed;

[2] Editor's Note: See 53 P.S. § 10508(4)(v).

(o) The locations of proposed shade trees, plus locations of existing vegetation to be retained;

(p) The locations and dimensions of all emergency access drives, easements and other rights-of-way;

(q) All driveway profiles to demonstrate compliance with the slope, cartway connection and drainage requirements of Chapter 67, Driveways, of the Code of the Township of Sadsbury. Dimensions between the driveway and property lines, and between structures and the driveway where appropriate, shall also be provided;

(5) The preliminary plan shall be accompanied by the following supplementary data:

(a) A comprehensive stormwater management plan prepared in accordance with Soil Erosion and Sediment Control and Stormwater Management of the Code of Sadsbury Township.

(b) A preliminary landscaping, screening and buffering plan prepared in accordance with § 109-427 of this chapter.

(c) A preliminary conservation plan, in accordance with § 109-305A.

(d) A preliminary construction improvements plan in accordance with § 109-305B.

(e) All impact studies as required by § 109-305C.

§ 109-304 Final plan submission, resubmission, review and content.

A. Complete submission.

(1) The final plan shall conform to the terms of approval of the preliminary plan and to the most recent administrative regulations adopted by the Board of Supervisors for such purposes. Any deviation from the preliminary plan shall conform to all important details contained on the preliminary plan approval and to any conditions implemented by the Board.

(2) The Board of Supervisors may permit submission of the final plan in sections or phases, each covering a reasonable portion of the entire proposed subdivision or land development as shown on the approved preliminary plan, but in no case shall include less than 25% of the total lots or dwelling units or total floor area, as depicted on the approved preliminary plan.

(3) All final plans, as further described in this section, together with a completed official application, available from the Township, shall be submitted, along with supporting information, to the Township at least 14 days prior to a regularly scheduled meeting of the Board of Supervisors in order to be placed on the agenda for that meeting. The Board of Supervisors shall, at such meeting, determine if a complete application and final plan has been presented, and if so, shall accept such application and final plan, and thereby initiate the ninety-day review period, as provided in § 109-304B. The Board of Supervisors shall acknowledge such acceptance in the minutes of the Board of Supervisors meeting.

(4) The Planning Commission shall receive comments from reviewing agencies and individuals as provided in this section.

(5) All revisions to final plans shall be submitted to the Township for review by the Township Engineer and the Township Planner no less than 14 days prior to a regularly scheduled meeting of the Planning Commission in order to be placed on the agenda for that meeting.

(6) Copies of the application and the final plan and supporting information, as further described in this section, shall be supplied to the Township to permit the following distribution:

(a) Two copies of the final plan and official Township application, all supporting information, including the sewage facilities planning module, and the required escrow and application fees to the Township;

(b) One copy of the final plan, county referral form, and accompanying fee to the County Planning Commission;

(c) Two copies of the final plan, two completed sewage facilities planning modules, and appropriate fee to the Chester County Health Department;

(d) One copy each, of the final plan and supporting information and plans to the Township Engineer and the Township Planner;

(e) Eight copies of the final plan and supporting information and plans to the Township Planning Commission, one copy to be retained for the Planning Commission files;

(f) One copy of the final plan to any adjacent municipality or other governmental agency affected by the proposed development when requested by the Board of Supervisors or the Planning Commission.

(7) When required, revised final plans shall be submitted to the Township to permit the following distribution:

(a) Two copies of the final plan and only if revised two, copies of all supporting information and the sewage facilities planning module to the Township;

(b) If revised, two completed sewage facilities planning modules and plan to the Chester County Health Department;

(c) One copy of the final plan and, only if revised, one copy of all supporting information to the Township Engineer;

(d) Eight copies to the Township Planning Commission, one of which shall be retained for the Planning Commission files.

(8) The applicant shall furnish additional copies of final plans and supporting information at the Township's request.

(9) The Township shall note the date of the receipt of the application, and any fees and escrow deposits, as determined by resolution of the Board of Supervisors. The application shall not be processed until the required fees have been received.

B. Review. The final plan shall be reviewed by the Planning Commission at the next regularly scheduled meeting and shall also be reviewed by the Township Engineer and Township Planner, the Chester County Planning Commission, the Chester County Conservation District, the Chester County Health Department, and such other agencies as deemed appropriate by the Planning Commission.

(1) Official review period.

(a) The Township shall have 90 days in which to review and take action on the final plan.

(b) The ninety-day review period shall commence on the date of the regularly scheduled Board of Supervisors meeting that a complete application and final plan is accepted by the Board of Supervisors, as provided in § 109-304A(3).

(c) An extension to the ninety-day review period shall occur only when agreed to in writing by the applicant and accepted by the Board of Supervisors. All such extensions shall be for a minimum of 90 days.

(2) Review by the Township Engineer, Township Planner, the sanitary sewage disposal provider and water supply provider.

(a) The review by the Township Engineer shall include an examination of the content of the plans to be certain that all information and changes required by this chapter and by the Supervisors in their review of the preliminary plan are presented in the plans submitted, an investigation of the plan to be certain that all other Township ordinances are complied with, an examination of the engineering and design feasibility of the final designs presented for the location, alignment and grade of streets, stormwater drainage, sanitary sewers, and water supply. The Township Engineer shall confer with the applicant to the extent necessary to obtain conformity of the plan with these regulations and to comment upon the matters subject to his review.

(b) The review by the Township Planner shall include an examination of the content of the plans to be certain that all information and changes required by this chapter and by the Supervisors in their review of the preliminary plan are presented in the plans submitted, an investigation of the plan to be certain that all other Township ordinances and related design standards are complied with, an examination of the overall site design, including parking and loading, landscaping and lighting, its functional and aesthetic relationship to adjoining properties and uses, and its consistency, as applicable, with the Comprehensive Plan and other planning documents of the Township.

(c) The sanitary sewage disposal for a site shall be in accordance with the standards established by the Township Board of Supervisors. Capacity issues shall be resolved prior to preliminary plan approval and design issues shall be resolved prior to final approval by the Township Board of Supervisors.

(d) The water supply provider shall review the final design of the water supply facilities to determine compliance with standards established for acceptance of such systems by the Supervisors. Final approval of plans by the water supply provider shall be a condition precedent to the Supervisors' action on the final plan.

(3) Review by the Township Planning Commission.

(a) The Township Planning Commission shall review all plans referred to it and shall consider any recommendations made by a county agency, the Township Engineer, the Township Planner and any other persons or agencies who shall have submitted comments with respect to any such application.

(b) In its review of the final plan, the Planning Commission shall examine the plan with particular emphasis on determining the suitability of the plan for the development of land and its relationship to the harmonious extension of streets and utilities, arrangement and density of housing or other uses, and compatibility of the plan with the Township Comprehensive Plan and Chapter 129, Zoning, of the Code of the Township of Sadsbury. The Planning Commission shall also assess the adequacy of parking, surface and storm drainage, access and landscaping or other related design standards.

(c) After such review, the Planning Commission shall send written notice of its action and the reasons therefore, citing specific sections of this chapter relied upon, along with the written comments of the Township Engineer, the Township Planner, the Chester County Planning Commission, the water supply provider and the sanitary sewage disposal provider, and other agencies which have submitted comments, to the Board of Supervisors, with a copy to the applicant, within five days of completion of the Planning Commission's review.

(4) Review by the Board of Supervisors.

(a) When a written report has been sent to the Board of Supervisors by the Planning Commission, such plan shall be placed on the Supervisors' agenda for their review at their next regularly scheduled meeting.

(b) The Supervisors shall, at one or more regular or special public meetings, review the final plan, other supporting information, and the written comments of the Planning Commission, the Township Engineer, the Township Planner and other professionals as deemed appropriate, County Planning Commission, and all other reviewing agencies, to determine conformity of the final plan to the standards of this chapter and any other applicable ordinance. The Supervisors may specify conditions, changes, modifications, or additions to the plan which the Supervisors deems necessary and may make a decision to grant final plan approval subject to such conditions, changes, modifications, or additions, citing appropriate chapter provisions as described in § 109-304B(4)(d). When a final plan is not approved in terms as filed, the decision of the Supervisors 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 provision of this chapter relied upon in the decision. If the Supervisors approve the final plan, the minutes of the meeting shall reflect such approval either with or without conditions.

(c) Notwithstanding the foregoing procedure, the Supervisors shall render a decision on all final plans within 90 days, unless mutually extended, following the date that the application and final plan was accepted by the Planning Commission. The decision of the Supervisors shall be in writing and shall be communicated to the applicant by mail not later than 15 days following the decision or by the end of the extension period.

(d) Whenever the approval of a final plan is subject to conditions, the written action of the Supervisors as prescribed herein shall specify each condition of approval, citing relevant ordinance provisions in each case, and require the applicant's written agreement to the conditions. Where the applicant's written concurrence is not received within the time allotted, the Supervisors shall be deemed to have denied approval.

(e) Upon the Planning Commission's recommendation for approval of the final plan, the Supervisors may request the applicant to prepare an estimate, subject to approval of the Township Engineer, of the cost of all public improvements to be dedicated to the Township. The estimate shall be prepared, and certified as representing a fair and reasonable estimate of the cost, by a professional engineer licensed as such in Pennsylvania. The estimate shall include the cost of all Township consultant reviews and inspections and a contingency amount.

(f) The Board of Supervisors shall designate one signed and recorded reproducible (Mylar) copy and an electronic (AutoCAD^®) copy of the final plan as the official copy. These copies shall include all corrections required by the Board of Supervisors. All copies shall be retained in the Township files.

(g) Copies of the final plan as approved, with the appropriate endorsement of the Board of Supervisors and the Township Engineer shall be distributed as follows:

[1] A minimum of four copies to the applicant, three of which shall be utilized in recording in accordance with § 109-306 and one copy to be returned to the Township after recording.

[2] One copy to the County Planning Commission.

[3] One signed and recorded copy to be retained in the Township files, together with one copy of all supporting materials.

(5) Every final plan approval, with the exception of minor subdivision plans, as defined under § 109-300B(1) , shall be subject to the following conditions:

(a) The applicant shall execute a subdivision and land development improvements agreement in accordance with § 109-308, agreeing with the Township to install all the improvements as required by this chapter and all regulations adopted pursuant thereto.

(b) The applicant shall provide a performance guarantee in accordance with § 109-309.

(c) The applicant agrees, if requested by the Board of Supervisors, and to the extent permitted by law, 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 Supervisors shall require that the applicant supply a title insurance certificate from a reputable company before any property is accepted by the Township in a form and amount acceptable to the Township Solicitor.

(d) Whenever the applicant is providing open space as part of the development, an easement in perpetuity restricting such open space from further subdivision or development shall be executed between the applicant and the Township, or an organization acceptable to the Township, and shall be for the benefit of the Township and the lot purchasers in the subdivision or land development.

(e) The applicant shall have submitted complete applications for all required permits from agencies having jurisdiction over ancillary development, such as, but not limited to Pennsylvania Departments of Transportation and Environmental Protection, Public Utility Commission, and County Health Department, and approval shall be contingent upon receipt of such permits.

(6) Before acting upon any subdivision or land development plan, the Board of Supervisors may hold a public hearing thereon pursuant to public notice.

(7) No plan which will require access onto a road under the jurisdiction of PennDOT shall be finally approved unless the plan contains a notice that a highway access permit is required pursuant to Section 420 of Act 428, known as the "State Highway Law,"[1] before access to a state road is permitted.

[1] Editor's Note: See 36 P.S. § 670-101 et seq.

C. Content. Final plans shall conform in all important details to preliminary plans, including any conditions specified by the Board of Supervisors. A final plan shall consist of and be prepared in accordance with the following:

(1) Drafting standards.

(a) Subdivision or land development plans submitted for review for final approval shall be clear and legible black or blue on white prints of the drawings. Upon completion of review, and for signature by the Supervisors, clear and legible reproducible (Mylar) copies, and an electronic (AutoCAD 2000^® or earlier version, .dxf format) copy of all plans shall be submitted. The title sheet of the plans shall contain an area for signatures by the Board of Supervisors and Planning Commission.

(b) Final plans shall be made on sheets of 24 inches by 36 inches. Where necessary to avoid sheets larger than the maximum size prescribed above, final plans shall be drawn in two or more sections, accompanied by a key diagram showing relative location of the sections. The scale shall not be less than 100 feet to the inch. All dimensions shall be shown in feet and hundredths of a foot.

(2) Site design and layout standards.

(a) All information required in § 109-303C(1), and the following minimum data shall be provided:

[1] The total tract boundary lines of the area being subdivided with accurate distances to 1/100 of a foot and bearings in degrees, minutes and seconds. These boundaries shall be balanced and closed with an error of closure not to exceed one foot in 25,000 feet; provided, however, that the boundary(s) adjoining additional unplatted land of the applicant are not required to be based upon field survey, and may be calculated. The monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plan, and the placement of the monuments;

[2] All straight lot lines and chords and radii of curved lot lines shall be defined in feet and hundredths of a foot by distances and in degrees, minutes and seconds, either by magnetic bearings or by angles of deflection from other lot and street lines;

[3] Lot numbers, lot areas, both total and net area, in square feet and acres, indicating that the portion of the lot containing limitations excluded by the lot area definition, and a statement of the number of lots and parcels, together with street numbering as approved by the post office for each lot;

[4] A statement of the intended use of all nonresidential lots. A statement of restrictions of any type which exist as covenants in the deed(s) for all lots contained wholly or in part in the subdivision and, if covenants are recorded, including the deed book and page number;

[5] All proposed building (setback) and yard line requirements for each lot, or the proposed placement of each building, and the proposed location of on-site water and sewer facilities;

[6] The locations of all existing and proposed monuments;

[7] All easements or rights-of-way where provided for or owned by public services and any limitations on such easements or rights-of-way. Easements or rights-of-way shall be specifically described on the plans. Legal descriptions and plot plans, including metes and bounds, shall be submitted for all easements with the final plan to the Township for the Township Engineer to review. Upon request of the Board of Supervisors, such easements shall be recorded. Easements should be located in cooperation with the appropriate public utilities;

[8] Locations, sizes, materials used, invert elevations, and percents of grade of all sanitary and storm sewers and locations of all manholes, inlets and culverts. This data shall be submitted as part of the site development and/or grading plans as well as plans and profiles;

[9] If the subdivision proposes a new street intersection with a state road, the intersection permit number(s) shall be indicated for all such intersections;

[10] A certification of ownership, acknowledgement of plan and offer of dedication shall be affixed on the plan, and shall be duly acknowledged and signed by the owner(s) of the property and notarized;

[11] All waivers granted to the applicant by the Board of Supervisors, shall be clearly stated on the first sheet of the final plan with the reasons for such waiver and the ordinance section number from which such waiver has been granted. All conditions of approval of any prior Township approval including approvals by the Supervisors or the Zoning Hearing Board shall be stated on the first sheet of the final plan;

[12] The street name, street number, cartway width and lines of all existing public streets and the name and location of all other roads within the property;

[13] The following data for the center line of the cartway and both right-of-way lines of all recorded, and proposed streets, within and adjacent to the property;

[a] Courses and distances with length in feet and hundredths of a foot of all straight lines and of the radius and the arc of all curved lines with delta angles including curved lot lines, and bearings in degrees, minutes and seconds for all straight lines; and

[b] The width in feet of the cartway, right-of-way and of the ultimate right-of-way, and (in degrees, minutes and seconds) of the delta angle of all curved lines, including curved lot lines.

[14] Certification as to the accuracy of the plan and details of such plans shall be prepared in accordance with Act 367, known as the "Professional Engineers Registration Law."[2]

[2] Editor's Note: See 63 P.S. § 148 et seq.

[15] All notations on the plan must be readable with a minimum font size of 10. Illegible notations will be considered incomplete data on the plan.

[16] Prior to the preconstruction meeting, the applicant shall provide a letter to the Township indicating that all required permits have been received.

(b) The final plan shall be accompanied by the following supplementary data:

[1] A final conservation plan, prepared in accordance with § 109-305A;

[2] A final comprehensive stormwater management plan prepared in accordance with the Soil Erosion and Sediment Control and Stormwater Management, of the Code of Sadsbury Township;

[3] A final construction improvements plan, in accordance with § 109-305B;

[4] A final landscaping, screening and buffering plan, prepared in accordance with § 109-427;

[5] Homeowner's association and/or easement documentation acceptable to the Board of Supervisors after review and comment by the Township Solicitor.

§ 109-305 Accompanying data.

A. Conservation plan. A conservation plan is required to accompany the preliminary and the final subdivision or land development plan. It shall be clearly and legibly drawn to the same scale as that of the preliminary and final plans. Compliance with the Township's Erosion and Sedimentation Control Manuals, as well as Chapter 75, Grading, of the Code of the Township of Sadsbury should be noted.

(1) Purpose. The purpose of the conservation plan is to identify plans and techniques to be incorporated into the development proposal that regulate the modification of natural terrain during the site development process to ensure that:

(a) The disturbance of the site does not result in erosion and sedimentation control impacts in order to protect the health, safety and welfare of the Township residents. These objectives will be pursued at the Township level in conjunction with state requirements for erosion and sedimentation control, as defined in the Department of Environmental Protection Chapter 102 regulations, as amended,[1] and defined in the Erosion and Sediment Pollution Control Program Manual;

[1] Editor's Note: See 25 Pa. Code Chapter 102.

(b) The site design and preparation incorporates necessary steps to ensure the successful installation and long-term operation of erosion and sedimentation control and stormwater management facilities as defined in Chapter 104, Stormwater Management, of the Code of Sadsbury Township;

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(c) The goals and objectives for the implementation of the Township of Sadsbury Open Space, Recreation and Environmental Resources Plan, and regulated in § 109-425 of this chapter, are linked with other land development concerns;

(d) The disturbance and removal of topsoil is reduced and avoided as required by § 109-424 of this chapter;

(e) The natural features protection objectives of § 109-428 are realized.

(2) General provisions. The following provisions shall be followed and incorporated into the development review and construction process.

(a) The applicant shall prepare a soil erosion and sediment control plan in accordance with the provisions of this section. All land disturbance activities shall be conducted in such a way as to minimize erosion on adjoining and down slope properties.

[1] The applicant undertaking land disturbance activity including, but not limited to grading, excavating, or disturbance of topsoil or vegetative cover, or introduction of fill material that may affect the existing flow of surface water within or down slope from the subject parcel, shall be required to:

[a] Collect on-site run-off and manage its release to a point of discharge into a natural watercourse of the drainage area;

[b] Protect and clean the downslope and adjoining properties of silt and debris washed from the subject property as a result of land disturbance activities on the subject property; and

[c] Install and maintain all drainage and erosion control improvements as required by the approved soil erosion and sediment control plan.

[2] Measures to minimize soil erosion and sedimentation shall meet the standards and specifications contained in the Pennsylvania Department of Environmental Protection, Soil Erosion and Sediment Pollution Control Manual, as amended, and the Pennsylvania Clean Streams Law, Chapter 102, Erosion and Sedimentation Control Rules and Regulations, as amended,[2] and the specifications contained herein. The Township Engineer or other duly authorized agent shall ensure compliance with the appropriate specifications.

[2] Editor's Note: See 25 Pa. Code Chapter 102.

(b) The disturbed area and the duration of exposure shall be kept to a practical minimum and the disturbed soils shall be stabilized as quickly as practical. The permanent or temporary vegetation, erosion control and stormwater management structures and systems shall be installed within five days of the initial ground-breaking.

(c) Whenever feasible, natural vegetation shall be retained, protected and supplemented.

(d) Sediment in the runoff water shall be trapped until the disturbed area is permanently stabilized by the use of measures such as debris basins, sediment basins, silt traps, or similar measures. Accumulated sediment shall be kept removed to ensure continued adequate capacity in the basins or traps.

(e) A grading, excavation, erosion and sediment control plan shall be submitted with the preliminary and final plans. Such plan shall be submitted in accordance with the Pennsylvania Department of Environmental Protection, Erosion and Sediment Pollution Control Manual, as amended, and the Special Protection Waters Implementation Handbook, as amended, and in compliance with the most current review requirements of the Chester County Conservation District.

[1] When required by the most recent regulations of the Pennsylvania Department of Environmental Protection, development plans will be filed by the Conservation District with the Department of Environmental Protection for issuance of a National Pollutant Discharge Elimination System (NPDES) permit.

[2] Soil erosion and sediment control plans shall incorporate facilities for stormwater management in accordance with the policies and regulations of the Chester County Conservation District and the stormwater management plan required by the Soil Erosion and Sediment Control and Stormwater Management, of the Code of Sadsbury Township.

[3] Upon recommendation from the Township Engineer, the Township may require the submission of final plans, regardless of their size or other outside review requirements, to the Chester County Conservation District for review and approval. In such a case, approval by the Chester County Conservation District shall be required before final approval of a subdivision or land development, or the issuance of a building permit in the case of a minor subdivision.

(f) There shall be no increase in discharge of sediment or other solid material from the site as a result of runoff.

(g) Erosion and sedimentation control devices, such as temporary vegetation and mulch, temporary earthen berms, interceptor dikes, ditches, diversion terraces, rock filter berms, crushed stone tire scrubbers, silt basins, silt fences, and the like, appropriate to the scale of operations, shall be installed concurrent with earthmoving activities and whenever any situation is created that would contribute to increased soil erosion.

(h) Earth-moving operations shall be minimized where possible and practicable to preserve desirable natural features and the topography of the site.

(i) Stripping of vegetation, regrading or other development shall be done in such a way that will minimize soil erosion.

(j) To the maximum extent practicable, mature, healthy trees of at least eight inches in caliper and other significant existing vegetation shall be retained and protected. Such trees shall not be removed, except as provided on the approved subdivision and/or land development plan. The filling of soil more than five inches over the roots of trees to be preserved is prohibited (The roots are presumed to extend out from the tree as far as the tree's branches extend outward.);

(k) Land disturbance shall be limited to the actual construction site and an access strip. The amount of disturbed area and the duration of exposure shall be kept to a practical minimum. Disturbed areas shall be stabilized with vegetation, mulch, erosion control fabric, and the like, as soon as possible after earthmoving procedures;

(l) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Water runoff shall be minimized and retained on-site to facilitate groundwater recharge, except where the applicant demonstrates that site conditions do not allow for recharge;

(m) Temporary vegetation and/or mulching shall be used to protect critical areas during development (Critical areas shall be construed to mean those portions of a site which are extremely vulnerable to soil erosion.);

(n) The permanent final vegetation and structural soil erosion control and drainage measures shall be installed as soon as practical in the development in accordance with the approved plans;

(o) Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris and sediment basins, silt fences or other approved measures. Sediment deposits in basins, silt fences, and the like, shall be removed at periodic intervals during the construction period, as required.

(3) The following practices shall be required for all subdivisions and/or land developments, unless the Township determines that they are not applicable:

(a) Silt fences shall be utilized in lieu of straw-bale silt barriers downhill of all construction areas. In general, straw-bale silt barriers will be allowed only on projects with a construction period of less than 60 days and where the uphill drainage area is less than 1/2 acre. In all applications, silt fences and straw-bale silt barriers shall be securely anchored in place and embedded into the soil. Silt fences shall be installed on each subdivision lot down slope of the disturbed area prior to any lot disturbance;

(b) Silt fences or silt traps shall be placed at all inlets, headwalls, basin outlets and similar drainage structures during the construction period in order to prevent sediment from entering any watercourse, storm drainage system, or other areas downstream;

(c) Temporary on-lot berms designed to act as silt traps and to manage excess runoff, located to protect environmentally sensitive areas and downstream properties, shall be required during construction. The top width of the berms shall be a minimum of three feet, with side slopes of a 3:1 maximum;

(d) Crushed stone tire scrubbers shall be placed at all entrances to construction areas. Tire scrubbers shall be of sufficient width and length to prevent transportation of sediment off of the construction site. Any dirt, stone or other debris left on roadways must be removed at the end of each workday;

(e) Temporary and permanent seeding and mulch specifications shall be noted on all plans. The specifications shall include lime and fertilizer rates of application, as well as other provisions regarding procedures and materials. The Township requires hydroseeding of all graded areas associated with street construction and stormwater management basins within seven days of final grading;

(f) During roadway grading, interceptor dikes shall be installed on all roadway subgrades with slopes in excess of 5% to prevent erosion of the subgrades. The interceptor dikes shall divert stormwater runoff through silt traps or silt fences;

(g) The crushed stone base course for driveways, roadways and parking areas shall be applied as soon as possible after grading procedures, in order to prevent soil erosion of the subgrade;

(h) Drainage swales and ditches, and all slopes greater than four to one shall be protected against soil erosion velocities with soil erosion control measures, such as erosion control fabric and other material, as approved by the Township.

(4) Plan content. The conservation plan shall be prepared on the base plan for preliminary and final plans showing all of the existing conditions and those elements of a preliminary or final plan relating to grading, storm drainage, building and paving coverage proposed, and perimeter boundaries and the like which may affect the design of erosion control and stormwater management facilities. In addition the conservation plan will show:

(a) Locations of all soil classifications with special notation of seasonally high water table soils. Soils present on the site shall be tabulated according to hydrologic soil group.

(b) Notations indicating. All trees or portions of tree masses containing two or more trees of any size proposed to be cleared as part of the proposed subdivision or land development plan, together with reasons for such clearing; all proposed alterations of the natural grade, whether by cut or by fill, exceeding two feet, together with reasons for such alteration; and compliance with all applicable erosion and sedimentation control standards.

(5) A required element of any conservation plan shall be a plan for the control of erosion and sedimentation and for stormwater management. Any preliminary and final conservation plan for subdivision or land development must be accompanied by a stormwater management plan as provided for in Chapter 104, Stormwater Management, of the Code of Sadsbury Township. Contents of the submitted plan shall reflect discussion by the applicant with the Township Engineer. The minimum components of the conservation plan are as follows:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a) A narrative summary of the project, including:

[1] General description of the project.

[2] General description of accelerated erosion control.

[3] General description of sedimentation control.

[4] General description of stormwater management, both during and after construction.

[5] Date project is to begin and expected date final stabilization will be completed.

(b) Proposed alterations to the project area, including:

[1] Structures, roads, paved areas and buildings.

[2] Proposed stormwater control facilities.

[3] Finished contours including areas of cuts and fills.

[4] Changes to vegetative cover.

(c) Calculations and description of the amount of runoff from the project area to swales, pipe discharge points, temporary and permanent basins, sediment traps, etc. Calculations shall be performed for both during and after development. Such calculations shall demonstrate that the capacity of the system to control erosion and to prevent sediment discharges is sufficient to control velocity and quantity of discharge to acceptable limits.

(d) The staging of earthmoving activities, described in the narrative, including:

[1] Cover removal, including all cuts and fills.

[2] Installation of erosion and sediment control facilities and practices.

[3] Installation of improvements, including streets, storm sewers, underground utilities, sewer and water lines, buildings, driveways, parking areas, recreational facilities and other structures.

[4] Program of operations to convert erosion and sedimentation controls to permanent stormwater management facilities, including a chart of the relative time sequence of activities.

(e) Temporary control measures and facilities for use during earthmoving, in both map and narrative form, including

[1] Purpose.

[2] Temporary facilities or other soil stabilization measures to protect existing trees and shrubs from earthmoving activities.

[3] Types, locations and dimensioned details of erosion and sedimentation control measures and facilities.

[4] Design considerations and calculations of measures and facilities to control excess stormwater created by runoff from graded areas.

[5] Facilities to prevent tracking of mud by construction vehicles onto existing roadways.

(f) A narrative description of the maintenance procedures for both temporary and permanent control facilities, and of ownership arrangements, including:

[1] The methods and frequency for removal and ultimate disposal of sediment and other materials removed from control facilities, both during and upon completion of the project.

[2] The proposed ownership and financial responsibility for the maintenance of the permanent control facilities.

(6) Standards for grading, excavation and fill requirements.

(a) No excavation or fill shall be made with an exposed face steeper in slope than three horizontal to one vertical, except under one or more of the following conditions:

[1] The material in which the excavation or fill is to be made is sufficiently stable to sustain a slope steeper than three horizontal to one vertical, and a written statement to that effect by a licensed professional engineer experienced in erosion control is submitted and approved by the Township Engineer. The statement shall certify that the site has been inspected and that the deviation from the slope specified will not result in injury to persons or damage to property of increased erosion and resulting sedimentation.

[2] When a retaining wall is to support the face of the excavation, retaining walls shall be reviewed and approved by the Township Engineer. Retaining walls greater than four feet in height shall have a protective fence a minimum of four feet in height.

[3] Stormwater shall be discharged to a storm sewer or suitable natural watercourse or drainage system.

[4] The owner shall be responsible for acquiring off-site drainage easements to provide for the proper conveyance of stormwater.

(b) The Township Engineer may require a flatter slope when it is found that the material in which the excavation is to be made is unusually subject to erosion or if other conditions exist which make such a shallower slope necessary for stability and safety.

(c) The top or bottom edge of slopes shall be located at least five feet from property lines, in order to permit a gradual rounding of the edge without encroaching onto the abutting property.

(d) Excavation shall not exceed below the angle of repose or natural slope of the soil under the nearest point of any footing or foundation or any existing building or structure unless such footing or foundation is first properly underpinned or protected against settlement.

(e) Grading shall not redirect or concentrate surface water onto an adjacent property.

(f) During grading operations, necessary measures for dust control to prevent particulate matter from becoming airborne shall be followed. These measures shall include, but not be limited to the following:

[1] A tire cleaning area shall be provided at each point of egress from the development areas;

[2] Use, where possible, of water or other method approved by the Township Engineer for control of dust during any land disturbance activity;

[3] Removal of earth or other material from paved streets at the end of each workday.

(g) Grading equipment shall not be allowed to cross permanent or intermittent streams without first obtaining appropriate permits from the Pennsylvania Department of Environmental Protection.

(h) No applicant shall engage in land disturbance activities that endanger any adjoining property, public street, sidewalk, alley, or other property from settling, cracking or other damage that might result from such land disturbance. If in the opinion of the Township Engineer, the land disturbance would create a hazard to life or property unless adequately safe-guarded, the applicant shall construct walls, fences, guardrails, or other structures to safeguard the adjoining property, public street, sidewalk, alley, or other property and persons.

(i) Excavation or fills shall not encroach on natural watercourses, floodplain areas, constructed channels, or wetlands without the necessary state and federal permits. Excavations or fills located adjacent to natural watercourses or constructed channels shall have suitable protection against erosion.

(j) All fill shall be compacted to provide stability of material and to prevent undesirable settlements. The fill shall be spread in a series of layers, not exceeding 12 inches in thickness, and be compacted by a sheepsfoot roller or other approved method after each layer is spread. The Township Engineer may require compaction tests and reports.

(k) Adequate provisions shall be made to prevent surface waters from damaging the cut face of an excavation or the sloping surface or a fill within the area of a proposed subdivision or land development. Slopes of more than 10 feet in vertical height shall be separated by level berms of at least four feet in width within which ditches shall be constructed where necessary to prevent erosion and as a safe place to deposit and receive such water. The Township Engineer may require such drainage structures or pipes to be constructed or installed which are perceived necessary to prevent erosion damage and to satisfactorily carry off surface waters.

(7) Grading for drainage.

(a) All lots, tracts or parcels shall be graded to provide property drainage away from buildings with a minimum slope of 2%, and to dispose of water without ponding. All land within a development shall be graded to drain and dispose of surface water without ponding, except where ponding, as in the case of detention basins, is part of the stormwater management system for the proposed subdivision or land development

(b) All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet. Where drainage swales are used to direct surface waters away from buildings, they shall be sodded or planted as required. Drainage swales and/or channels shall not be created, which convey stormwater over three or more lots, unless specifically approved by the Township Engineer.

(c) Ponding of water for stormwater management and/or infiltration purposes shall not be permitted on a residential lot.

(d) Drainage swales that convey runoff across or through three or more lots shall be contained in a drainage easement.

(8) Vegetative cover.

(a) Removal of any portion of existing vegetation, including, but not limited to, trees, tree masses and associated vegetation layers shall be done in such a manner as to minimize erosion and sedimentation. Existing vegetation shall be retained and protected, or replaced by an immediate cover, such as rye grass or other fast-growing cover material, acceptable to the Township, immediately.

(b) The appropriate measures, as defined in § 109-427 shall be taken to protect existing trees, tree masses, and associated vegetation.

(9) Responsibility.

(a) Whenever sedimentation is caused by the removal of vegetation, regrading or other disturbance, it shall be the responsibility of the applicant causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his or her expense within a time period acceptable to the Township.

(b) No applicant shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act that will affect normal flood flow in any stream or watercourse without having obtained prior approval from the Pennsylvania Department of Environmental Protection and the Township.

(c) Where a subdivision or land development is traversed by a watercourse, a drainage easement or right-of-way shall be established along the line of such watercourse, and of adequate width to preserve natural drainage.

(d) All required drainage and erosion control improvements, whether temporary or permanent, shall be installed by the applicant, at his expense, and in accordance with all applicable requirements.

(10) Compliance with regulations and procedures.

(a) The Township, in considering preliminary and final subdivision and land development plans, shall condition its approval upon the execution of soil erosion and sediment control measures as required by this chapter.

(b) Each application shall contain a commitment to submit for approval, a modified soil erosion and sediment control plan should the proposed plan prove to be inadequate prior to final release of escrow and dedication of improvements.

B. Construction improvements plan. The construction improvements plan shall contain sufficient information to provide working plans for the layout and construction of proposed streets, utilities, stormwater retention structures, and other improvements. Information shall include, but not be limited to the following:

(1) A statement describing proposed public improvements, including streets, curbs, sidewalks, and the means of water supply and sewage disposal to be provided.

(2) Water supply and sewage facilities. All plans shall be accompanied by planning modules for land development, provided by the Pennsylvania Department of Environmental Protection, including information with regard to the means of sewage disposal and provision of water supply.

(a) Water supply. The design of water distribution facilities, including the sizes and locations of water mains, fire hydrants, and storage tanks shall be provided.

(b) Sewage facilities.

[1] Sufficient information shall be provided to determine if the proposed subdivision or land development meets the recommendation and intent of the Township Act 537 Sewage Facilities Plan.

[2] The design of sewage systems, including, but not limited to, the location of sewers, pumping stations, sewer mains shall be provided.

(3) Horizontal plan for streets showing details of the horizontal layout, including:

(a) Center line with bearings, distances, curve data, and stations corresponding to the profile.

(b) Right-of-way and curblines with radii at intersections.

(c) Tie-ins by courses and distances to intersections of all public roads, with their names and widths.

(d) Locations of all monuments and other boundary markers by bearing and distances.

(e) Locations and sizes of all drainage facilities, sidewalks, public utilities, fire hydrants, lighting standards, and street name signs.

(4) Horizontal plan for stormwater management and sanitary sewer facilities.

(a) Location and size of line with stations corresponding to the profile.

(b) Locations of manholes or inlets with grade elevations, including invert elevations as well as rim and top-of-grate elevations.

(c) Locations of laterals.

(d) Locations of other drainage facilities and public utilities in the vicinity of storm and/or sanitary sewer lines.

(e) Hydraulic design data and calculations for storm sewers, inlets, culverts, and bridge structures.

(5) A profile plan, indicating final grades of streets, sanitary sewers, stormwater management facilities, and the extent of cut and fill operations.

(a) The profile plan shall show the vertical section of the existing grade and proposed grade along the center line of the proposed street. Where storm drainage and/or sanitary sewer lines are to be installed, they shall also be indicated on the profile plan.

(b) The horizontal scale on the profile plan shall not be less than one inch equals 100 feet and the vertical scale shall not be less than one inch equals five feet or in cases where larger scales are used, the ratio shall be 1:10 vertical to horizontal.

(c) A typical cross section of street construction shall be shown on the profile plan and shall indicate the following:

[1] Right-of-way width and the location and width of paving within the right-of-way.

[2] Type, thickness and crown of paving.

[3] The location, width, type, and thickness of curbs and sidewalks to be installed if any.

[4] Grading of sidewalk area.

[5] Typical location, size, and depth of any underground utilities that are to be installed in the right-of-way where such information is available.

(6) Detail sheet(s) providing sufficient details and notes to define the construction methods and materials of proposed improvements. Details shall include but not be limited to:

(a) Details of all public sewer improvements as required and approved by the sanitary sewage disposal provider.

(b) Details of all public water improvements as required and approved by water supply provider.

(c) A cross section of each utility trench, showing proposed bedding and backfill material as well as the required compaction methods.

(d) Erosion and sediment control methods and materials.

(e) Stormwater management facilities.

(f) Details of all improvements required by the Pennsylvania Department of Transportation.

(7) Landscaping, screening and buffering plan. When applicable, a landscaping, screening and buffering plan consistent with the requirements of § 109-427 shall be provided.

(8) Outdoor lighting plan. When applicable, a lighting plan, consistent with the requirements of § 109-426 shall be provided.

C. Impact statements.

(1) Applicability. The traffic impact study detailed in § 109-305C(4)(a) shall be required for all preliminary plan applications for development when any of the following are proposed for a property:

(a) Residential development with a trip generation rate of 60 AADT (annual average daily trips) as established by the Trip Generation Manual, as amended, prepared in the Institute of Transportation Engineers.

(b) Institution or retirement facility with a trip generation rate of 60 AADT, as established in the Trip Generation Manual, as amended, prepared by the Institute of Transportation Engineers.

(c) Industrial, commercial and/or office development having a trip generation rate of 60 AADT or more, as established in the Trip Generation Manual, as amended, prepared by the Institute of Transportation Engineers.

(d) Any project that will affect roads with a Level of Service at D, E, or F, as determined by the Township at the time of submission.

(e) Any project that will affect roads as determined by the Township to have safety or design deficiency.

(f) Any project that will be developed in phases with a cumulative effect of falling within the required categories outlined above.

(2) Applicability. A detailed impact statement shall be required for all preliminary plan applications for development when any of the following are proposed for a property:

(a) Residential development of 10 or more dwelling units.

(b) Institution or retirement facility of 10 or more bedrooms or residential units.

(c) Industrial, commercial and/or office development in excess of 5,000 square feet of building area.

(3) The historic resources impact study shall only be required as provided in § 109-305C(4)(c).

(4) The Supervisors shall consider the impact of the proposed use on the Township and on the facilities and systems as listed hereafter. When required by the Supervisors, the applicant shall provide all of the information data and studies needed to allow the Supervisors to reach conclusive evaluation of the areas set forth hereafter, which are applicable to the use proposed. The impact statement should be one written document. Necessary maps, charts, etc., should be labeled as consecutively numbered exhibits and properly referenced throughout the text of the written document. The statement should be written in a manner and style that clearly focuses on the information, data and analysis on the issues and objectives requested by the Supervisors. The source of all data should be appropriately documented.

(a) Traffic impact study.

[1] Purpose. A traffic impact study shall be required for any development proposed pursuant to this section. Such study shall enable the Board of Supervisors to assess the likely impact of a proposed development in the various components of the transportation system in the Township.

[2] Professional input. The applicant shall retain a qualified professional traffic engineer to prepare the traffic impact study. For purposes of this provision, a qualified traffic engineer shall be deemed any individual holding a degree from an accredited university in traffic engineering specialty, or any individual holding a university degree who also possesses membership in the Institute of Transportation Engineers, or any individual who conforms to the definition of a municipal traffic engineer in 67 Pa. Code Chapter 612, as amended, entitled "Municipal Traffic Engineering Certification."

[3] Study area. A study area that represents the area likely to be impacted by the traffic generated by the development shall be defined by a traffic engineer retained by the Township. Prior to identifying the study area, the traffic engineer shall discuss the study area boundaries, and the specific intersections to be included in the study, with the applicant and the Township. The Township traffic engineer shall present the scope of the study to the Township Planning Commission and the Board of Supervisors for approval prior to initiating work.

[4] Contents of impact study. A traffic impact study shall contain the following information:

[a] General site description. The site description shall include the size, location, proposed land uses, construction staging and completion date of the proposed development. A brief description of other major existing uses and approved recorded development plans shall be included as source data where agreed by the Township and the traffic engineer, that they may have a bearing on the development's likely traffic impact. The Township may, in addition, require consideration of development proposals not yet approved and recorded, but with sufficient status and probable impact to warrant inclusion.

[b] Transportation facilities description.

[i] This description shall contain a full documentation of the proposed internal and external circulation system within the proposed study area. The description shall include: circulation; all proposed ingress and egress locations; all internal roadway widths and rights-of-way; existing and proposed parking conditions; traffic channelization; any traffic signals or other intersection control devices at all intersections on the site boundaries.

[ii] The description shall include all major elements of the existing roadway system within the study area. All major existing and proposed public transportation services and facilities within the study area shall also be documented. Future highway improvements, including proposed construction, traffic signalization, and other improvements contained in the Township Transportation Capital Improvements Plan, shall be described.

[c] Existing traffic conditions.

[i] Existing traffic conditions shall be documented for all major roadways and intersections established as part of the study area under § 109-305C(4)(a)[3]. Existing traffic volumes for average daily traffic, peak hour(s) traffic shall be recorded. Mechanical or manual traffic counts at major intersections in the study area shall be conducted encompassing the peak highway and development generated hour(s), and documentation regarding said traffic counts shall be included in the traffic engineer's report. A volume capacity analysis based on existing volumes shall be performed during the peak highway hour(s) for all roadways and major intersections within the study area.

[ii] The capacity analysis shall be conducted according to methods of analysis accepted by the Pennsylvania Department of Transportation. The existing level of service associated with each major roadway and intersection evaluated shall be recorded. Data about the most recent available accident levels within the study area shall be included.

[d] Impact of development on area circulation. Estimates of vehicle trips to result from the proposed development shall be completed for the design-day peak highway hour(s) and peak development generated hour(s). In order to obtain vehicle trip generation base data, the traffic engineer shall consult either his firm's data bank or the most current edition of the Institute of Transportation Engineers Trip Generation Report, or local data from the Township or, if available, more current or comprehensive sources. All turning movements associated with the proposed improvement generated hour(s) shall be computed and contained in the study. Traffic volumes generated by the proposed use shall be distributed and assigned to existing roadways and intersections throughout the study area for which existing conditions were recorded. Documentation of all assumptions used in the distribution and assignment of traffic shall be provided. Any characteristics of the site that are likely to cause particular traffic management problems shall be noted.

[e] Analysis of traffic impact.

[i] The traffic engineer shall identify the relationship of the site-generated traffic associated with the proposed development and overall demand. This demand shall consist of a combination of the existing traffic expanded to the completion year (using the annual traffic rate available from the Delaware Valley Regional Planning Commission), the development generated traffic, and the traffic generated by other proposed developments in the study area.

[ii] When considering the proposed development, all future phases must be included to evaluate the total traffic impact of the development.

[iii] He shall further identify the development's proportional relationship to the traffic system improvements that are likely to be required, in part, due to the development. The volume/capacity analysis performed in accordance with § 109-305C(4)(a)[4][c], above, shall be updated to include a volume/capacity analysis using the total future demand and future roadway capacity. The analysis shall be conducted on a design day during the peak highway hours(s) and on major intersections in the study area that are projected to be affected by the proposed development. All access points and pedestrian crossings shall be examined as to the need for and feasibility of installing traffic signals or other traffic control devices. To do this, the traffic engineer shall evaluate access points and pedestrian crossings pursuant to the Pennsylvania Department of Transportation specifications for traffic signal warrants.

[f] Conclusions and recommended improvements.

[i] All roadways and/or intersections showing a level of service that is deemed deficient by the traffic engineer during peak hours of the day (peak hour defined to include peak hour of the day on the particular roadway and peak hour of traffic of development generated traffic) shall be identified. Specific recommendations for the elimination of traffic problems associated with the proposed development shall be identified. (Levels of service are defined in the 1985 Highway Capacity Manual, Highway Research Supervisors, National Academy of Sciences, Special Report 209, as updated.) A listing of recommended improvements shall include the following elements: internal circulation design; site access locations and design; improvements and widenings; traffic signal installation and operation, including signal timing; transit design improvements; and reduced intensities of uses. All physical roadway improvements shall be shown as a part of the report.

[ii] The listing recommending improvements for vehicular, pedestrian/nonvehicular, and transit modes shall include, for each improvement, the party proposed to be responsible for the improvement, the cost and funding of the improvement (to the extent possible) and the completion date for the improvement (to the extent possible.

[iii] In considering improvements related to phased development, the improvements related to each phase of development shall be, at a minimum, those required to eliminate traffic problems associated with that phase and no improvements shall be deferred which would have the effect of not eliminating identified traffic problems if the development were not completed.

[iv] The Township, with the assistance of its Traffic Engineer, shall review the methodology, assumptions, findings, and recommendations of the applicant's traffic engineer. The Board of Supervisors may impose upon the applicant additional improvements deemed necessary to accommodate impacts of the development.

(b) Utilities impact study.

[1] A study shall be prepared by a registered professional engineer, indicating the likely impact of the proposed development on existing sewer, water, groundwater, solid waste and drainage systems serving the Township. The impact analysis shall identify the existing capacity of facilities that would serve the development, the prospects of those facilities being able to provide service to it, and any improvements that might be required as a direct result of the proposed development.

[2] Additionally, the study should identify the ability of sewer, water, solid waste, and drainage systems to continue to provide efficient and economic service to existing residents and businesses within the Township considering added service requirements of the proposed development. The study shall indicate measures to be initiated for solid waste recycling, all utility systems, including stormwater management, and water conservation.

(c) Historic resources impact study.

[1] Applicability. A historic resources impact study, or any applicable portions thereof, may be required, unless waived or modified by the Supervisors, when any of the following are proposed:

[a] Subdivision or land development plans which will lead to the new construction of buildings, structures, roads, driveways, parking areas, etc., located within 100 feet of the exterior walls of a historic resource.

[b] Subdivision or land development plans which propose adaptive reuse or demolition of an historic resource.

[c] General bridge or road construction or substantial repair passing within 100 feet of the exterior walls of a historic resource.

[2] The Supervisors may require the applicant to submit the historic resources impact study as a subsection of an impact study required in this section, or as a separate document. The historic resources impact study shall be prepared by a qualified professional in historic preservation, historical architecture, planning, or related disciplines, and presented by the applicant or his agent for discussion at a meeting of the Planning Commission.

[3] Contents. The study shall contain the following information, as required by the Supervisors:

[a] Background information:

[i] If not otherwise provided by the applicant, a general site description, including topography, watercourses, vegetation, landscaping, existing drives, etc.;

[ii] General description and classification of all historic resources located on the subject tract, on tracts immediately adjacent to the subject tract or road, or within 100 feet of the subject tract or road;

[iii] Physical description of all resources identified in Subsection C(4)(c)[3][a][ii] above;

[iv] Statement of the significance of each historic resource, both relative to the Township and region in general;

[v] Sufficient number of black-and-white eight inches by 10 inches photographs to show every historic resource identified in Subsection C(4)(c)[3][a][ii] above, in its setting;

[vi] Narrative description of the historical development of the subject tract or road.

[b] Proposed change.

[i] General description of project, including timetable of phases;

[ii] Description of impact on each historic resource identified in Subsection C(4)(c)[3][a][ii] above, with regard to architectural integrity, historic setting, and future use;

[iii] General description of effect of noise and traffic and any other impacts generated by the proposed change on each historic resource.

[c] Mitigation measures. Recommendations for mitigating the project's impacts on historic resources, including design alternatives, landscaping, screening and buffering in accordance with § 109-427, and any other appropriate measures permitted under the terms of this and other Township ordinances.

[4] Review of historic resources impact study. The historic resource impact study will be reviewed by the Planning Commission, which shall set forth its evaluation and recommendations in a written report to the Board of Supervisors.

(d) Environmental impact study.

[1] All applicants filing an environmental impact study shall prepare such a report in accordance with the provisions of this section.

[2] The format and contents of the environmental impact study shall be as follows:

[a] A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations at or influencing the tract and features such as faults and/or fractures.

[b] A map depicting the topographical characteristics of the tract. Such map shall contain contours with at least two-foot intervals and shall depict slopes ranging from 0% to 15%, 15% to 25%, and greater than 25%.

[c] A map depicting the soil characteristics of the tract. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed subdivision and/or land development such as depth of bedrock, depth of water table and flood hazard potential.

[d] A map depicting the hydrological characteristics of the tract. Such map shall depict surface water resources, their drainage characteristics, watersheds and floodplains and groundwater resources. Surface water resources include features such as creeks, runs and other streams, ponds, lakes and other natural bodies of water, springs, wetlands and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.

[e] An identification of biological resources associated with the natural environment of the tract, including such features as vegetation and wildlife. The identification of biological resources shall include a narrative description of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not more than 100 feet to the inch, as specified below and may be either incorporated into the EIA report or submitted as attachments to the report.

[i] A map depicting the vegetation characteristics of the tract. Such map shall define the locations and boundaries of the woodland and forest areas of the tract and shall note the types of vegetation associations which exist in terms of their species, types and sizes. In addition, all trees 12 inches in caliper or greater shall be accurately located on the map either as freestanding trees or as tree masses.

[ii] A map depicting characteristics associated with wildlife habitats. Such map may draw upon vegetation, hydrology and soil maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship of the overall habitat(s).

[f] An identification of the land use conditions and characteristics associated with the tract such as current and past use; land cover and encumbrances; and the relationship of these to adjacent tracts. The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps drawn at a scale of not more than 100 feet to the inch shall be incorporated into the EIA report or submitted as attachments to it.

[i] A map depicting the land cover characteristics of the tract. Such map shall define existing features, including paved or other impervious surfaces, woodland and forest areas, cultivated areas, pasture, old fields, lawns and landscaped areas and the like.

[ii] A map depicting any encumbrances to the tract. Such map shall define easements and other areas where certain use privileges exist.

[iii] A map depicting the land uses adjacent to the proposed tract. Such map may be at the same scale as the location map.

[g] An identification of the historic resources associate with the tract such as areas, structures and/or routes and trails which are significant. Areas, structures and/or routes and trails included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places and the Historic American Building Survey and any which may be identified in the Comprehensive Plan shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map drawn at a scale of not more than 100 feet to the inch depicting historic resources shall be incorporated into the EIA report or submitted as an attachment to the report.

[h] An identification of the visual resources associated with the tract such as areas which have a particular amenity value and areas which offer interest in viewing the tract. The identification of visual resources shall include a narrative description of the above. In addition, a map drawn at a scale of not more than 100 feet to the inch depicting visual resources shall be incorporated into the EIA report or submitted as an attachment to the report.

[i] An identification of the community facility needs associated with the users and/or residents of the proposed subdivision and/or land development. The community facility needs assessment shall indicate in narrative form the type of services which will be in demand. Where applicable, community facilities (such as schools, park and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service) shall be discussed in terms of the ability of existing facilities and services to accommodate the demands of future users and/or residents of the lots and/or tract and the need for additional or expanded community facilities.

[j] An identification of the utility needs associated with the users and/or residents of the proposed subdivision and/or land development. The utility needs assessment shall indicate in narrative form the types of installations which will be in demand. Utilities (such as those used for water supply, sewage disposal, refuse disposal, storm drainage, communications and electrical transmission) shall be discussed in terms of the ability of existing utility installations to accommodate the demands of the future users and/or residents of the lots and/or tract; the need for additional or expanded utility installation; and the ability to achieve an adequate system for storm drainage and stormwater management.

[k] An identification of the relationship of the transportation and circulation system needs of the proposed subdivision and/or land development to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it and expected traffic volumes generated from the subdivision and/or land development, including their relationship to existing traffic volumes on existing streets for both peak hour and non-peak-hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed subdivision and/or land development and what improvements are proposed to remedy any physical deficiencies.

[l] An identification of the social and demographic characteristics related to the proposed subdivision and/or land development. The characteristics which shall be presented in narrative form shall include a profile of the future users and/or residents of the lot and/or tract, including information such as the number of people expected to work or live at the tract. Such information shall be related to initial and completed subdivision and/or land development conditions.

[m] An identification of the economic and fiscal characteristics related to the proposed subdivision and/or land development. The characteristics which shall be presented in narrative form shall include a profile of the Township, county and school district revenues which the proposal may generate and the Township, county and school district costs it may create. Such information shall be related to initial and completed subdivision and land development conditions.

[n] An identification of characteristics and conditions associated with existing, construction-related and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, smoke, dust, fumes, vapors and gases and/or radioactive materials.

[o] The implications of the proposed subdivision and land development in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed subdivision and/or land development to the resources, conditions and characteristics described herein above. In addition to a narrative presentation of implications, the applicant shall display where the subdivision and/or land development adversely affects the tract's resources, conditions or characteristics by mapping the same at a scale of not more than 100 feet to the inch, wherein the areas adversely affected from proposed development are highlighted. Such map may be either incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the subdivision and/or land development plan in terms of avoiding or reducing potential adverse effects.

[p] Alternatives to the proposed subdivision and/or land development. To indicate such alternatives, the applicant shall comment on how alternatives, such as revised location, redesign, layout or siting of buildings, roads and other structures, reduction in the size of proposed structures or number of structures and the like would preclude, reduce or lessen potential adverse impact or produce beneficial effects. In addition, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form.

[q] Probable adverse effects which cannot be precluded. In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications; that is, whether the adverse effects will have direct or indirect influence on a particular resource, condition or characteristic.

[r] Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards and those unique to a specific project, as follows:

[i] Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the state, county and/or Township for remedial or protective action such as sedimentation and erosion control, stormwater runoff control, water quality control, air quality control and the like.

[ii] Mitigation measures related to impacts which may be unique to a specific subdivision and/or land development are those related to efforts such as revegetation, screening, fencing, emission control, traffic control, noise control, relocation of people and/or business, land acquisition and the like.

[s] Any irreversible environmental changes which would occur due to the proposed subdivision and/or land development should it be implemented. To indicate such changes, the use of nonrenewable resources during the initial and continued phases of the subdivision and/or land development shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quality of loss and related qualitative effects.

[t] List and qualifications of authors. The names, addresses, telephone numbers and qualifications of persons directly responsible for preparing the environmental impact study shall be provided.

[u] Appendices. Any additional information that the applicant wishes to provide may be included in one or more appendices to the report.

[3] Ten copies of the environmental impact study shall be a required part of the preliminary plan application. The Township Engineer and Township Planner shall review the report and submit their findings in memorandums to the Supervisors. A copy of the memorandums shall be forwarded to the applicant.

§ 109-306 Recording of final plan.

A. Upon completion of the procedures outlined under this chapter, all endorsements shall be indicated on the record plan and on as many other copies of the final plan as may be desired.

B. Upon the signing of the of the final plan by the Board of Supervisors, the applicant shall file the record plan with the County Recorder of Deeds within 90 days of the date of the final approval by the Township. The County Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the Board of Supervisors and review by the County Planning Commission. If the applicant fails to record the final plan within such period, the action of the Township shall be null and void, unless an extension of time is granted in writing by the Township prior to the expiration of the ninety-day period upon written request by the applicant.

C. Where a major subdivision or land development plan, as defined by this chapter, is to be recorded, the documentation outlined under § 109-309D shall also be recorded therewith.

§ 109-307 Resubdivision plan submission, review and content.

A. All resubdivision plan applications shall comply with the applicable final plan application, review and content requirements and procedures outlined under § 109-304A, B and C of this chapter. Where, in the determination of the Board of Supervisors, extraordinary conditions or circumstances exist, or the magnitude of the resubdivision meets or exceeds the threshold for the impact studies required under § 109-305C, the applicant shall be required to submit such impact studies.

B. In the resubdivision of land, the following shall be observed:

(1) Parcels of land may be divided so long as they are made a part of adjoining land and no lot or tract of land results that is smaller than the minimum dimensions required by Chapter 129, Zoning, of the Code of the Township of Sadsbury.

(2) Easements reserved for drainage shall not be changed;

(3) No lot shall be created which does not abut a street; and

(4) The character of the area shall be maintained.

§ 109-308 Subdivision and land development improvements agreement.

The applicant shall execute an agreement, to be approved by the Township, pending the review of the Township Solicitor, before the final plan is released by the Board of Supervisors and filed on record. Said agreement shall, as a minimum, specify the following, where applicable:

A. The applicant agrees that he will lay out and construct all streets and other public improvements, including grading, paving, sidewalks, fire hydrants, water mains, street signs, streetlighting, shade trees, storm and sanitary sewers and stormwater management facilities, landscaping, traffic control devices, open space areas, and erosion and sediment control measures in accordance with the final plan as approved, where any or all of these improvements are depicted on the plan or otherwise required as conditions of approval.

B. The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in § 109-309C of this chapter.

C. The applicant agrees to execute a deed of dedication, that shall be prepared by the Township Solicitor, for such streets and for such easements for sanitary and storm sewers, sidewalks, and other public improvements, provided that the Township shall not accept dedication of such improvements until their completion is certified as satisfactory to the Township Engineer and Township Solicitor.

D. Whenever an applicant proposes to establish or continue a street which is not offered for dedication to public use, the Board of Supervisors shall require the applicant to submit, and also to record with the plan, a copy of an agreement made with the Supervisors on behalf of himself and his heirs and assigns, and signed by him, and which shall establish the conditions under which the street may later be offered for dedication, and shall stipulate among other things:

(1) That an offer to dedicate the street shall be made only for the street as a whole;

(2) That the Township shall not be responsible for repairing or maintaining any undedicated streets;

(3) That the method of assessing repair and maintenance costs of the undedicated streets be stipulated and be set forth in recorded deed restrictions so as to be binding on all successors or assigns; and

(4) That, if dedication is to be sought, the street shall conform to Township specifications or that the owners of the abutting lots shall, at their own expense, restore the streets to conformance with Township specifications.

§ 109-309 Performance guarantees.

A. The applicant shall deposit with the Township, financial security in an amount sufficient to cover the cost of all improvements, both public and private, and common amenities, including but not limited to streets, walkways, shade trees, stormwater management facilities, recreational facilities, open space improvements, buffer or screen plantings, fire hydrants, sanitary sewage disposal facilities.

B. When requested by the applicant, in order to facilitate financing, the Board of Supervisors shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan contingent upon the applicant obtaining satisfactory financial security. The final plan or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Supervisors; such extension shall not be unreasonably withheld and shall be provided in writing at the request of the applicant.

C. Financial security required herein shall be in the form of a federal or commonwealth-chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution, or with a financially responsible bonding company, or such other type of financial security which the Township may approve at its discretion. The bonding company may be chosen by the party posting the financial security, provided that the said bonding company or lending institution is authorized to conduct business within the commonwealth and stipulates that it will submit to Pennsylvania jurisdiction and Chester County venue in the event of legal action.

D. The said financial security shall provide for, and secure to the public, the completion of all improvements which such security is being posted on or before the date fixed in the approved subdivision plan and subdivision agreement for completion of such improvements.

E. The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the applicant. The Township subdivision and land development improvements agreement shall provide for the annual adjustment by the Township of the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment the applicant shall post additional security in order to assure that the financial security equals the said 110%. Any additional security shall be posted by the applicant in accordance with this section.

F. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the applicant and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township and the applicant. The estimate certified by the third engineer shall be presumed fair and reasonable, and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of such engineer shall be paid equally by the Township and the applicant.

G. If the party posting the financial security requires more than one year from the date of posting the financial security to complete the required improvements, the amount of financial security shall be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.

H. In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stage of development, subject to such requirements or guarantees as to improvements in the future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

I. As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Supervisors his independent evaluation of the proper amount of partial releases. The Supervisors may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

§ 109-310 Commencement of development.

A. No construction or land disturbance activities, with the exception of soil or testing, or similar engineering or surveying activities, shall be commenced until the applicant submits to the Township a copy of the Recorder of Deeds receipt for recording of the final plan.

B. No application for a building permit shall be submitted and no building permit shall be issued for any building in any subdivision or land development until the final plans for the said subdivision or land development has been approved and recorded as provided for and until the terms of §§ 109-305B(5) and 109-306 have been satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction or any such lot until this condition has been complied with.

C. No water system or sewer system, including extensions to existing or proposed systems, or new systems employing sewage treatment plants, shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Protection or from federal or local agencies, as required.

§ 109-311 Plan amendments.

Any modification of the approved plan shall be resubmitted and reprocessed in the same manner as the original plan. All site disturbance activities shall cease pending approval of modified plans.