[Amended 3-10-2004 by Ord. No. 310; 12-8-2021 by Ord. No. 466]
No subdivision or land development of any lot, tract, or parcel of land shall be made, and no sewer, water main, or other improvements in connection therewith shall be laid out, constructed, opened, or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this chapter and the Pennsylvania Municipalities Planning Code, as amended,[1] which is hereafter referred to as "the Act."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The following plan types are hereby established and made subject to the provisions of this chapter:
A. 
Sketch plan; and
B. 
Preliminary/final plan.
A. 
Persons wishing to subdivide and/or develop land within the Township shall submit plans consistent with the provisions of Article III of this chapter, accompanied by forms designated for such purpose ("application form") by the Township. Application forms shall be available on the Township's website, by request from Township staff, and at the Township Building.
B. 
Applications shall be accompanied by supplementary information as may be specified by the application form, by this chapter, and by Chapter 325, Zoning, of the Township Code of Ordinances.
C. 
No application shall be deemed complete, nor shall the review period mandated by the Act commence, until the Township and county review fees are paid in full.
D. 
Reverse subdivisions. Where adjacent lots are in common ownership and the owner of said lots desires to consolidate them into a single lot, making no changes to any of the constituent lots other than the elimination of the property line(s) dividing them, such consolidation shall not require land development review or approval as otherwise required by this chapter, and may instead be executed by recording a deed describing the lots as a single parcel, subject to administrative review by the Township Planning and Zoning Department ("Department") and in compliance with the following:
(1) 
The applicant shall submit to the Department a completed application form; payment in full of any fee as may be established by the Board of Supervisors; a copy of the deed executing the consolidation; and a plan drawing prepared, signed, and sealed by a registered professional land surveyor or licensed professional engineer showing the metes and bounds of all lot lines (including those to be eliminated), gross lot area and net lot area of the consolidated lot, and other information as the Department may deem necessary, but in no case shall information be required beyond that which is suggested for inclusion on a sketch plan by § 281-15 of this chapter.
(2) 
The deed shall include a statement establishing that it is a deed of consolidation intended to merge specific lots and that any future independent use of those lots will require subdivision approval in compliance with the provisions of this chapter.
(3) 
Upon recordation of the deed, the lots constituting the consolidated lot shall lose their separate identity for all purposes.
A. 
Sketch plan submission and review is an optional step in the land development process whereby an applicant may have informal discussion with the Township Planning Commission regarding a project. Submission of a sketch plan is at the discretion of the applicant and does not constitute formal filing of a plan. As such, a sketch plan review is not subject to the time limitations imposed by the Act[1] for consideration of formal plan submissions as hereinafter provided.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Applicants desiring a sketch plan review shall complete the appropriate application form provided by the Township for this purpose and shall submit the said form along with copies of the plan drawing and supporting documentation as recommended by the application form or by Township staff. Upon determining that the application is complete, Township staff shall place the sketch plan review on the agenda of a public meeting of the Township Planning Commission and shall advise the applicant as to the date of said meeting.
C. 
Review by the Township Planning Commission.
(1) 
Written comments by Township staff and Township consultants concerning the sketch plan that are provided to the Commission in advance of the public meeting shall also be provided to the applicant.
(2) 
Since the review is an informal discussion, the Commission may address concerns such as general design principals, neighborhood compatibility, possible community impact across a variety of parameters, aesthetics, and other aspects that are not necessarily matters of compliance with any Township plan, ordinance, or regulation.
(3) 
Written and verbal comments made in the course of a sketch plan review are advisory and are not binding upon the Township or any Township agency, but the Commission shall act in good faith to provide the applicant with a clear understanding of Township concerns and preferences.
(4) 
The Commission may, but need not, consider the extent to which the sketch plan complies with existing regulations. If the sketch plan proposes improvements or uses that are not fully compliant with applicable regulations, the Commission may advise as to whether they would support the amendments, waivers, and/or zoning relief needed to allow the said improvements or uses; however, such advisement shall not be binding upon the Commission or the Township generally, and the lack of discussion on the matter of compliance shall not be interpreted as Commission support for any amendment, waiver, and/or zoning relief.
(5) 
Due to the informal nature of the review, the Commission is not required to pass a motion or to take any other official action regarding the sketch plan.
D. 
Review by the Board of Supervisors. Review by the Board of Supervisors ("Board") is at the sole discretion of that Board.
A. 
Submission of a preliminary/final plan is the first required step in the land development process. Applications for preliminary/final plan review shall be submitted as set forth in § 281-8 hereinabove.
B. 
All preliminary/final land development plans shall be reviewed by the Planning Commission. If the plan proposes subdivision of or development upon a parcel where any property line thereof is 300 feet or less from the exterior walls of an historic structure shown on the Township Historic Resources Map, then the plan shall also be reviewed by the Historical Commission. The Planning Commission and the Historical Commission are advisory to the Board. The authority to approve a preliminary/final plan, to waive any provisions of this chapter, and to attach any conditions to approval of a plan rests solely with the Board.
C. 
Upon determining that an application is complete, Township staff shall:
(1) 
Place review of the plan on an agenda of a public meeting of the Planning Commission and shall advise the applicant as to the date of said meeting.
(2) 
If Historical Commission review is required pursuant to § 281-10B hereinabove, then Township staff shall also place the plan on an agenda of a public meeting of the Historical Commission and shall advise the applicant as to the date of said meeting. The Planning Commission and the Historical Commission are peer agencies, advisory to the Board; as such, neither takes precedence over the other in the order of review.
(3) 
Distribute copies of the plan and any supporting information as may be required to the Township Engineer and other consultants duly appointed by the Board as well as to pertinent Township departments for their review.
(a) 
Such reviews shall advise as to the extent to which the plan complies with Township ordinances and plans as well as accepted standards and principles of the reviewer's area of expertise.
(b) 
The Township Engineer, other consultants, and representatives of other Township departments may communicate with the applicant when necessary to clarify the plan and other information provided by the applicant.
(c) 
Reviews shall be in writing to the Township and shall become public documents upon Township receipt.
(4) 
Provide a copy of the plan and pertinent supporting information to the Chester County Planning Commission for their review, as required by the Act.
D. 
The Planning Commission shall examine the plan with particular emphasis on determining the suitability of the plan for the development of the 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. In the review of land development plans, the Planning Commission shall consider the comments of the Township Engineer, the Township's consultants and staff, and the Chester County Planning Commission; the Commission shall also be concerned with the adequacy of parking, surface and storm drainage, access, and landscaping and other related design standards.
E. 
Upon completion of their review, the Planning Commission shall pass a motion at a public meeting advising the Board of their conclusions; such motion may recommend approval, approval with conditions, or denial of approval of the plan. If the recommendation is for approval or approval with conditions, the motion shall clearly state whether preliminary or final approval is recommended.
(1) 
Any recommended conditions of preliminary or final approval shall be included in the motion.
(2) 
If the Planning Commission moves to recommend that the Board deny approval of the plan, the motion shall include the reasons for such denial, nothing specific points of noncompliance with applicable Township ordinances.
(3) 
Township staff shall provide a written copy of the Planning Commission motion to the Board prior to the public meeting at which the Board reviews the plan.
F. 
The Board may, before acting on the plan, arrange for a public hearing thereon subject to public notice.
G. 
In acting on the plan, the Board shall review the plan, the recommendation of the Planning Commission, and comments from public hearings, if any. The Board may also review the comments of the Township Engineer, the Chester County Planning Commission, and any or all of the other entities from which reviews were requested.
(1) 
Board approval of a plan, whether preliminary or final, may be subject to changes of or modifications to the plan as well as other conditions. The applicant shall indicate acceptance or rejection of those conditions in writing to the Board within 10 days of the date of the written notification of approval from the Board. The Board's approval shall be deemed rescinded automatically upon the applicant's failure to accept or reject such conditions within 10 days.
(2) 
The Board's motion to approve or to approve with conditions shall clearly indicate whether the action is for preliminary or final approval.
(3) 
The Board may deny approval of a plan only when that plan fails to comply with applicable provisions of this chapter or other Township ordinances or regulations, and the motion to deny approval shall cite such provisions.
Unless an extension is granted in writing by the applicant, the Board shall act to approve, approve with conditions, or to deny approval of the plan within 90 days following the date of the regularly scheduled meeting of the Township Planning Commission next following the date that the complete application has been filed with the Township, and shall communicate such action to the applicant. Should said next regularly scheduled meeting occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the day the application was filed. The Township shall inform the applicant in writing of the Board's action within 15 days of the said action.
H. 
Final approval may, but need not, be preceded by preliminary approval. The Board shall grant final approval of a plan only when the plan and supporting data comply with the requirements for final approval as set forth in Article III; however, the Board may grant preliminary approval at the request of the applicant, even if the requirements for final approval have been satisfied.
I. 
Final approvals shall be subject to the provisions of § 281-11E and F, hereinbelow.
A. 
Where the Board has given preliminary approval to a plan, a plan and all supporting data required by Article III for final approval shall be submitted to the Township within one year of the Board's motion granting preliminary approval, unless the Board has agreed to an extension of time upon written request from the applicant or their successor in interest. Otherwise, the preliminary approval shall be void, along with all waivers and conditions attached to such approval, and any plan submitted thereafter shall be considered a new plan.
B. 
The plan for final approval shall conform in all important respects with the plan granted preliminary approval by the Board, except that:
(1) 
It shall incorporate modifications and revisions specified by the Board in its preliminary approval.
(2) 
A stage or phase of a plan with preliminary approval or the entirety of such plan may be submitted for final approval, consistent with Section 508(4) of the Act, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
(3) 
It shall incorporate any variances or special exceptions obtained from the Zoning Hearing Board and conditional uses granted by the Board.
C. 
Applications for final approval shall be submitted as set forth in § 281-8 hereinabove.
D. 
The review and approval process for plans submitted for final approval shall be the same as for preliminary/final plans, as described above in § 281-10, Subsections B through G.
E. 
Final approval shall be subject to the provisions of Article V, Construction and Acceptance of Public, Private and Quasi-Public Improvements, including but not limited to the requirement to execute an escrow agreement (or provide other financial security acceptable to the Township) and a developer agreement; where the applicant will be providing permanent stormwater management facilities, the Township may further require execution of a stormwater management facilities maintenance agreement, and where landscaping is to be provided in order to fulfill the requirements of this chapter, the Township may require execution of a landscaping restrictive covenant. Furthermore, the applicant shall agree, if requested, to tender a deed of dedication to the Township for such streets and other facilities, including easements, provided as public improvements and required for the public welfare, after all such facilities are completed and such completion is certified as satisfactory by the Township Engineer. The Board may require that the applicant supply a title insurance certificate from a reputable company before any property is accepted by the Township.
F. 
After final approval, the plan shall be recorded in the office of the Recorder of Deeds of Chester County in accordance with the requirements of that office. At least one copy of the recorded plan shall be returned to the Township not more than 15 days after recording.
No water system or sewer system, including extensions to existing or proposed Township 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. Approval shall also be required from the applicable operating authority.
No application for a building permit under Chapter 325, Zoning, shall be submitted, and no building permit under Chapter 325, Zoning, shall be issued, for any building in any land development, and no building shall be erected in any land development, and no work shall be done on any building in any land development, until the plans for the land development have been finally approved in accordance with the provisions of this chapter and a zoning permit has been issued by the Zoning Officer.
If no improvements are constructed in accordance with a finally approved plan within five years of the date of such approval by the Board, said approval shall be null and void unless an extension is granted by the Board. Where the final approval was preceded by a preliminary approval, the said five-year period shall be measured from the date of preliminary approval or of preliminary plan approval.