The Township has adopted the procedures set forth herein which
shall be observed by all applicants, developers, and their agents.
A.
Authority for plan approval. Final authority for approval or denial
of all subdivision and land development plans is vested in the Township
Board of Supervisors in accordance with the procedures set forth herein.
Prior to action by the Board, all plans shall be referred for review
and recommendation to the Township Planning Commission, the Township
Engineer, the Township Solicitor, and such other agencies, bodies,
committees, boards, commissions, consultants, etc., as deemed pertinent
by the Board or as required by law. However, the failure to make such
referral and/or the failure by any reviewing party to review and/or
make recommendation with respect to any plan shall not affect the
validity of any action taken by the Board with respect to such plan.
B.
Plan classification. All applications filed pursuant to this chapter
shall be classified as either a major subdivision or land development
or minor subdivision as defined below:
(1)
Minor subdivision: any of the following:
(a)
Any plan providing for lot line adjustment where all of the criteria set forth in Subsection B(1)(c) apply;
(b)
Any plan providing for a rejoining of lots where all of the criteria set forth in Subsection B(1)(c) apply;
(c)
Any subdivision in which all of the following apply:
[1]
No public or private road is proposed to be constructed; and
[2]
No public improvement is required other than as may relate to
road widening where required by the Township, on-lot stormwater management
systems or sewer or water lines serving individual lot(s); and
[3]
No more than five residential lots or dwelling units or no more
than five agricultural lots, including those with principal residential
dwelling units, shall result from any subdivision including any residual
portion of the parent tract, nor from the cumulative result of more
than one subdivision of the same parent tract occurring after the
date of adoption of this section, excluding subdivision of lots or
parcels permanently restricted to agricultural or open space use;
or
[4]
A condominium subdivision is proposed, regardless of number
of condominium units, where all other stipulations of this section
are met; and
[5]
The potential future subdivision or land development of any
remaining portion of the parent tract shall be provided for and not
adversely affected by the subject plan.
C.
Overview of plan submission and review process. The following plan review steps are used in Pennsbury Township. Plan contents shall be as set forth in Article IV and the number of plan sets to be submitted is as specified in the Pennsbury Subdivision and Land Development Submission Checklist in effect at the time of submission.
|
Minor Subdivision
|
Major Subdivision or Land Development
| |
|---|---|---|
|
Preapplication meeting
|
Recommended
|
Recommended
|
|
Initial sketch submission, intended to guide following steps
and not invoking any review time limitations
|
Recommended
|
Recommended
|
|
Existing resources and site analysis plan (ERSAP)
|
Recommended to the extent applicable
|
Required
|
|
Site visit with Township representatives
|
Recommended
|
Recommended
|
|
Four-step design process
|
Recommended to the extent applicable
|
Required
|
|
Formal sketch plan, reflecting steps above
|
Recommended
|
Recommended
|
|
Preliminary plan
|
Not required
|
Required
|
|
Final plan
|
Required
|
Required
|
D.
MPC requirements. Preliminary and final plans shall be reviewed in
accordance with the requirements of the MPC and as set forth herein.
E.
Access for purposes of plan review. The owner of the parcel of land
to be subdivided or developed shall, as part of the initial submission,
submit a written statement on a form provided by Pennsbury Township
granting the Pennsbury Township Board of Supervisors, its authorized
agents and representatives, the Planning Commission, the Township
Engineer, the Township Solicitor, other Township agencies, bodies,
committees, boards, commissions, consultants, etc., and the representatives
of the County and municipal departments and agencies having responsibility
for review and/or approval under this chapter, the right to enter
the parcel of land for the purpose of inspection and enforcement of
the requirements, terms, and conditions herein. The written statement
form provided by the Township shall include, among other things, that
site visits shall be by appointment scheduled with the applicant.
F.
Plan review by adjacent municipalities.
(1)
Any plan applications involving tracts of land along the Township's
boundary shall include one additional complete set of plans and documentation
which shall be forwarded by the Township to the adjacent municipality
with a request for comments, if any, within 45 days.
(2)
The Township may solicit comments from an adjacent municipality
even if the plan is not on the boundary of the Township where a plan,
in the opinion of the Township, affects the adjacent municipality,
in which case additional plan sets may be required.
(3)
When comments are solicited from any adjacent municipality,
the Planning Commission and the Board of Supervisors shall review
the reports from the adjacent municipality as part of the plan review
process.
G.
Required notification of surrounding property owners.
(1)
All applicants for major subdivision or land development approval
shall provide the following notification:
(2)
All applicants for minor subdivision approval shall notify in writing all individuals or entities who own adjacent real estate, including property all or partly within adjacent municipalities, of the pendency of such minor subdivision or land development proposal pursuant to Subsection G(3) below.
(3)
Required written notice.
(a)
Required written notice shall be made by certified mail, return
receipt requested, to the pertinent landowner's last known address
within 15 days of the submission of the preliminary plan for major
subdivisions or land development applications or of the final plan
for minor subdivision applications. The address on the tax rolls shall
be considered the last known address.
(b)
Verification of mailing, including a copy of the names, addresses
and tax parcel numbers of each person to whom the notice was mailed,
including copies of the appropriate return receipts from registered
mail, shall be delivered to the Township within 30 days of pertinent
plan submission.
(c)
Until the Township receives the required verification of mailing,
the Township shall be under no obligation to place the application
on the agenda for any committee, commission or board for discussion
and/or action.
(d)
If for any reason the pertinent plan application as filed is
substantially changed so as to be considered a new filing, the notification
requirement shall be reinitiated.
(e)
The Township shall not be obligated to provide affected landowners
with written notice of meetings held on the application except as
may be required by any other legal authority. The failure of any person
or entity to receive notice given pursuant to this section shall not
constitute grounds for any court to invalidate any action of the Township
for which the notice was given.
(4)
Required posted notice.
(a)
Posted notice. The applicant shall erect posted notice sign(s)
on all subject properties within one week of official filing of the
proposed major subdivision or land development.
(b)
The posted sign shall be placed in a conspicuous location (no
greater than 10 feet from the right-of-way), one along each adjacent
right-of-way, and shall be perpendicular to the street so as to be
clearly visible to the public. The Township shall have the discretion
to require the applicant to move the posted sign to a more acceptable
location if it is determined by the Township that the location is
inappropriate for public viewing. The Township shall also have the
discretion to permit only one posted sign on corner lots.
(c)
Each required posted sign shall be double-faced, and each side
shall consist of a two-foot-by-three-foot laminated sign with a yellow
background with two-inch black lettering in a sans serif typeface.
If a posted sign already exists at the site, the notice may be affixed
to the existing sign.
(d)
Each required posted sign shall depict the lot configuration
of residential applications or building footprint with square footage,
paving and landscaping in the case of nonresidential applications.
The applicant's name and phone number, the name of the plan,
the application number, and the tax parcel number(s) shall be prominently
displayed on the plan. In addition, the Township's phone number
shall appear on the sign so that residents can obtain information
on the date, time and location of the first meeting at which the Planning
Commission will discuss the plan. The applicant shall be responsible
to clean or replace any posted sign (no more than once) which has
been defaced to the extent that the information to be conveyed is
no longer legible.
(e)
Failure of any such posted notice to remain in place after the
notice has been posted shall not be deemed a failure to comply with
these standards or be grounds to challenge the validity of any decision
made on the application unless the notice was removed by the applicant
or at his or her direction.
(f)
The applicant shall remove the posted sign no later than 10
days after the final meeting at which the plan has been either approved
or denied by the Board of Supervisors or the plan has been withdrawn
by the applicant.
(g)
If a plan is substantially revised to the point where it constitutes
a new plan and requires a new submission, that plan shall be reposted
in accordance with the above procedure.
H.
Refiling of plans may be considered new plan submission. Any plan
which meets any one of the criteria below shall be considered to be
a new plan and shall be accompanied by an application, appropriate
fees and all required information.
(1)
A plan which is submitted after a previous plan for the same
property has been withdrawn shall constitute a new plan.
(2)
A plan which is submitted after a plan for the same property
has been approved or rejected shall constitute a new plan.
(3)
A plan which is resubmitted during the course of plan review
by the Township and is deemed by the Township to contain a substantially
altered lot layout, road configuration, building location(s) or use,
for the same land that was involved in a prior plan submission, shall
constitute a new plan, unless the Township, at its discretion, agrees
that revisions to the originally submitted plan have been in full
response to revisions requested by the Township or its consultants.
I.
Multiple plans for the same property may be processed simultaneously.
However, each such plan shall be considered an independent plan in
terms of the application process and the established time line for
review, and each application shall be accompanied by all appropriate
fees, application forms and documentation required by this chapter.
It is the policy of Pennsbury Township that the following preapplication planning and design procedures be undertaken to promote mutual understanding among Township and Applicant representatives regarding resource protection and development objectives, to enhance the ability of the Township to review and act on any application in a timely fashion, and to reduce expenditure which may result from otherwise unnecessary repetitive submission of engineered plans. All steps taken prior to preliminary plan submission (or preliminary/final plan submission in the case of a minor plan), while strongly recommended, are formally voluntary on the part of the applicant. In no case shall the date of any submission prior to submission of a complete preliminary or preliminary/final plan, as applicable, constitute the date upon which any applicable legal review period is based, as defined in § 138-303C(4), nor shall any such submission impose any formal requirement for review or action on the part of the Township.
A.
Preapplication meeting. Prior to any formal plan submission, applicants
for any minor subdivision or any major subdivision or land development
are encouraged to schedule a preapplication meeting with representative(s)
designated by the Township (e.g., Township Engineer). The purpose
of the preapplication meeting, which shall occur at no cost to the
applicant, is to inform the applicant of the pertinent Township planning
objectives and applicable regulations and procedures, and to discuss
the applicant's objectives.
B.
Initial concept submission. At the time of the preapplication meeting,
applicants for any subdivision or land development are encouraged
to submit an initial informal concept drawing of development plans,
to enable Township representative(s) to better understand the applicant's
intentions as well as enabling Township representative(s) to better
inform the applicant of applicable Township regulation, policy, and
planning initiatives. This initial concept shall not be subject to
specific submission format requirements. It may be hand-drawn, ideally
on a scaled base plan or aerial photograph of sufficient size to be
easily legible.
C.
Existing resources and site analysis plan. At the time of the initial concept submission, applicants for any subdivision or land development are encouraged to provide an Existing Resources and Site Analysis Plan (ERSAP) to the Township, as provided in Article IV. The purpose of the ERSAP is to familiarize Township representatives with existing conditions on the applicant's property and within its immediate vicinity, and to provide a complete and factual reference for a site visit and a basis for planning and design that is consistent with the Township's natural and cultural resource protection and design objectives. The ERSAP is not formally required at the time of initial concept submission, but is very useful and may make use of existing published information. The ERSAP is required, at the latest, at the time of preliminary plan submittal.
D.
Site visit.
(1)
Prior to any formal plan submission, applicants for any subdivision or land development are encouraged to schedule an on-site visit to the subject property with representative(s) designated by the Township (e.g., Township Engineer, Planning Commission members). If not previously completed, a site visit shall be scheduled once preliminary or preliminary/final plans, as applicable, are filed in accordance with § 138-303 or 138-304, as applicable.
(2)
Applicants are encouraged to accompany Township representatives
on these site visits. The purpose of the site visit is to familiarize
Township representatives with the property's existing conditions
and special features, to identify potential site design issues and
to provide an informal opportunity to discuss site design concepts,
including the general layout of open space, undisturbed areas and
landscaped areas, potential locations for proposed buildings and road
alignments, stormwater management concepts and the protection of natural
and cultural (including historical and archeological) resources. Comments
made by the Township or its staff and consultants or other representatives
on site visits are only advisory and shall not be binding on either
the Township or the applicant.
E.
Four-step design process. All applicants for major subdivision or
land development approval shall be required to use the following four-step
design process to assist in determining the most suitable approach
to development of the subject site and are encouraged to do so as
early in the planning process as possible, while not formally required
at the time of initial concept plan submittal. The layout of lots
or development shall be designed so that areas or features identified
as being important in the ERSAP or upon the site visit are preserved
to the greatest extent practicable and the areas of secondary importance
are used for development. The steps in the four-step design process
are as follows:
(1)
Step 1: Establishment of Site Context and Delineation of Resources
to be left undisturbed, protected, or incorporated into development
plans.
(a)
Site resources and open areas proposed to be left undisturbed
or incorporated into development plans shall be identified and described
based on review and assessment of mapping and other information in
the ERSAP, including for example and not limited to: open space, woodlands
and other significant vegetation, steep slopes, wetlands, riparian
buffers, flood zones, scenic views, historic, archeological and recreational
resources, as relevant. The preapplication meeting and the site visit,
if applicable, should be used to assign relative value to such areas,
assess relative sensitivity to development impacts, and determine
those features and areas most desirable for conservation.
(b)
The areas that are identified at this stage of the design process
as appropriately left open and undisturbed shall take into account
functional considerations such as stormwater management considerations
and suitability for groundwater recharge and infiltration, wherever
feasible.
(c)
Areas identified as appropriately left open and undisturbed
need not formally be designated or set aside as open space unless
open space designation is required in accordance with applicable provisions
of Township ordinances, nor shall such areas be deducted from any
permitted density calculation or impervious cover limitation except
as may be provided in the Zoning Ordinance. The primary purpose of
designation of areas to be left open and undisturbed is to guide ultimate
location of structural development and related land disturbance.
(2)
Step 2: Delineation of primary development areas, location of
structures and alignment of infrastructure: roads, trails, utilities,
and stormwater management.
(a)
Primary development areas, including potential building area(s)
and zones of land disturbance, shall be identified initially on the
basis of lands remaining after identification of areas appropriately
left open and undisturbed in Step 1 above. While ultimate development
plans shall avoid disturbance of areas identified as appropriately
left open and undisturbed to the greatest degree practicable, it is
recognized that potential development consistent with applicable zoning
provisions and otherwise consistent with the provisions of this chapter
may not practicably avoid all such areas. Identification of additional
development area, where necessary, shall be made on the basis of those
areas assigned lower relative resource protection value or relative
sensitivity to development impacts in accordance with Step 1(a), above.
The conservation of historic resources may include their incorporation
into development plans.
(b)
Identification of building locations and related disturbance
areas shall conform to development areas designated per Step 2(a),
above.
(c)
An access and circulation plan, including provision for parking,
shall provide pedestrian and vehicular access to the development having
a logical relationship to topographic conditions and neighboring properties
and which minimizes further land disturbance and negative impacts
to resource protection objectives.
(d)
Locations of and methods available for providing facilities
for water service, wastewater disposal, stormwater management and
other utilities, as necessary, shall be defined and indicated.
(3)
Step 3: Preparation of schematic design, building and conservation
plan.
(a)
Narrative and plans shall be provided as appropriate indicating
the ways in which the applicant proposes to undertake development,
as defined in Step 2, in order to implement identified design objectives
and respect the significant features of the land described in the
ERSAP and areas designated for non-disturbance in Step 1.
(b)
Proposed limits to land disturbance on the subject site, including
limits to grading and soil disturbance activities, shall be stated.
(c)
How proposed limits to land disturbance comply with applicable disturbance limitations set forth in this chapter or in Chapter 162, Zoning, in respect to natural and cultural resources shall also be set forth.
(d)
Plans as necessary to demonstrate how existing natural contours
and vegetation will be respected shall be described.
(e)
How stormwater will be captured on site for infiltration in
accordance with DEP regulations shall be described, indicating that
the areas best suited for stormwater infiltration have been selected
for that purpose, based on hydrologic soil groups and the stormwater
management requirements of the Pennsbury Township Stormwater Management
Ordinance.
(f)
A building plan which incorporates necessary infrastructure,
road improvements, and landscaping, as necessary, shall be presented.
A description of any historic resources on the site and proposed efforts
to preserve their historical integrity shall also be included, including
specific identification of instances where such resources are intended
to be incorporated into any building program.
(g)
Incorporation of necessary infrastructure, road improvements
and landscaping shall be described and presented, as necessary.
(4)
Step 4: Drawing lot lines/defining ownership responsibilities. Lot lines shall be drawn as required, and consistent with the provisions of Chapter 162, Zoning, to delineate the boundaries of individual lots, public and private rights-of-way, and open space areas, as applicable. In all cases, ownership responsibilities shall be defined in a manner which will implement the Schematic Design, Building and Conservation Plan defined in Step 3.
(5)
Documentation. Applicants proposing any subdivision or land
development are encouraged to submit plans and narrative as relevant
to outline the findings of each step of the design process at the
time of sketch plan review.
A.
Purpose and applicability. The purpose of sketch plan submission and review is to afford the applicant the opportunity to consult early and informally with the Planning Commission and the Township before submission of formal plans (preliminary or preliminary/final, as applicable) for subdivision or land development approval. Applicants undertaking sketch plan review shall follow the preapplication planning and design procedures set forth in § 138-301 if not already accomplished at the time of initial concept submittal.
B.
Sketch plan submission and review.
(1)
Applicants choosing to submit a sketch plan application are encouraged to submit the minimum number of copies of the sketch plan application to the Township as specified in the Pennsbury Subdivision and Land Development Submission Checklist in effect at the time of submission. Applicants are encouraged to prepare sketch plan applications in accordance with the requirements contained in § 138-401 hereof. Applicants are further encouraged to submit an ERSAP and documentation outlining the Four-Step Design Process, if applicable.
(2)
In addition to paper copy submission, applicants shall submit
sketch plans to the Township electronically in the format specified
by the Township Engineer.
(3)
The Township may distribute copies of the sketch plan application
to the Township Planning Commission, Township Engineer, Township Solicitor
and such other Township agencies, bodies, committees, boards, commissions,
and consultants as the Township deems appropriate.
(4)
The applicant is encouraged to present the sketch plan and supporting
materials to the Township Planning Commission. The Township Planning
Commission shall review the sketch plan and shall informally advise
the applicant of the extent to which the proposed subdivision or land
development conforms to the relevant Township ordinances, resolutions,
regulations and policies, to Township planning, design and historic
preservation objectives, and to environmentally responsible design.
To the extent that sufficient information has been submitted to the
Planning Commission, the Commission shall undertake a general review
which may encompass but shall not be limited to:
(a)
The compatibility of the proposal with respect to the objectives
and policy recommendations of the Pennsbury Township Comprehensive
Plan;
(c)
The compatibility of the plan with the input from the preapplication
meeting, site visit, ERSAP, and the Four-Step Design Process, where
applicable;
(d)
The location of all areas proposed for land disturbance (roads,
foundations, yards, utilities and wastewater disposal systems, stormwater
management areas, etc.) with respect to notable features of natural
or cultural significance as identified on the applicant's ERSAP;
(e)
The proposed building density and impervious coverage;
(f)
The potential for vehicular and pedestrian connections with
existing roads, other proposed roads, and existing or potential development
on neighboring properties;
(g)
The location of proposed access points along the existing road
network; and
(h)
The need for any waivers or modifications from otherwise applicable
ordinance standards, including any waivers or modifications which
the Planning Commission would recommend in order to permit the proposal
to better conform to Township planning objectives while meeting the
needs of the applicant.
(5)
All comments and recommendations made by Township representatives
in regard to sketch plan review are nonbinding. No comment or recommendation,
nor the failure of the Planning Commission or any Township representative,
to proceed or act in accordance with this section, shall be deemed
to be a decision with respect to any subdivision or land development
plan or to vest any rights in the applicant.
A.
Purpose and applicability.
(1)
All applicants for major subdivision or land development approval
shall submit a preliminary plan application, which is a set of documents
demonstrating compliance with zoning provisions, showing existing
features, proposed road and lot layout, stormwater management facilities
and engineering detail sufficient to ensure proper functioning of
proposed improvements and sufficient to meet the plan requirements
of this chapter. Applicants for minor subdivision approval are not
required to submit a preliminary plan application but may proceed
with a combined preliminary/final plan application.
(2)
Preliminary plan applications shall conform with all information,
requirements, and procedures set forth herein.
B.
At the time of preliminary plan submission, the applicant shall establish
with the Township an escrow account to cover reasonable costs incurred
by the Township in the course of plan review. Any funds not ultimately
utilized shall be refunded after final approval has been granted and
any conditions thereof met or otherwise funded.
C.
Preliminary plan submission and acceptance for review.
(1)
The preliminary plan application shall include all information as set forth in § 138-402, including the ERSAP and documentation of fulfillment of the Four-Step Design Process. Submitted plans and accompanying documentation shall be dated and clearly marked "Preliminary Plans."
(2)
Applicants shall submit the minimum number of copies of the
preliminary plan application, including all required supporting information
and materials, to the Township as specified in the Pennsbury Subdivision
and Land Development Submission Checklist in effect at the time of
submission. The preliminary plan application shall be submitted to
the Township at least 30 calendar days prior to the Planning Commission
meeting at which the applicant requests that time be reserved on the
agenda to discuss the preliminary plan although submission by the
applicant within that time period does not guarantee that the applicant
will be on the requested Planning Commission agenda.
(3)
Plans and all supporting information as required herein, included
in the preliminary plan application, also shall be submitted to the
Township electronically in the format specified by the Township Engineer.
(4)
Within 10 business days from the date the preliminary plan application
is submitted to the Township, the Township shall determine whether
the submission is administratively complete.
(a)
To be considered administratively complete, all of the documentation
required by this chapter shall be included with the application and
all required application, escrow and review fees shall be paid to
the Township in accordance with the municipal fee schedule and all
required fees shall be paid to the Chester County Planning Commission
in accordance with the Chester County Planning Commission's fee
schedule.
(b)
Where a preliminary plan application is found to be administratively
complete, the applicable legal review period shall begin on the date
of the next scheduled meeting of the Planning Commission at which
the application may be considered, or 30 days from the date upon which
the complete application was submitted to the Township, whichever
is earlier.
(c)
If a preliminary plan application is determined not to be administratively
complete, it shall be returned to the applicant with a specific indication
of the missing materials or fees which rendered it incomplete. Any
professional consultant fees, including engineering fees and legal
fees, incurred by the Township in the review of the preliminary plan
for completeness prior to formal acceptance shall be billed to the
applicant. An incomplete plan that is returned shall not be considered
as having been submitted for purposes of establishing the applicable
legal review period.
D.
Distribution of preliminary plans. The applicant shall submit the
preliminary plan and accompanying documentation, as appropriate, to
the Chester County Planning Commission, appropriate emergency services
representatives, the Chester County Health Department, and other agencies
as deemed appropriate by the Township. Time stamped verification of
such submissions shall be provided to the Township.
E.
Review of the preliminary plan and rendering of decision.
(1)
Official review period. The Board of Supervisors shall render
its decision that the submitted plan be approved, approved with conditions,
or disapproved within the time period set by applicable law for decisionmaking.
The Board of Supervisors, at its discretion, may extend this time
if the applicant grants an extension of time to the Township in writing,
on a form provided by the Township. Any extension of time requested
by an applicant shall be for a minimum of 90 days.
(2)
Review by Township Engineer, Zoning Officer, and other Township
staff and consultants.
(a)
The review shall assure the following:
[1]
That all information required by this chapter is presented in
the plans submitted and that the submission complies with all requirements
of this chapter;
[2]
That the preliminary plan complies with all applicable laws,
ordinances, resolutions, regulations, and/or policies;
[3]
That the preliminary plan complies with the Four-Step Design
Process, where applicable;
[4]
That the preliminary plan complies with any conditions set forth
in any previous order of approval for any applicable conditional use,
special exception, or zoning variance;
[5]
That, in the opinion of the Township Engineer, the various schemes
presented for the location, alignment and grade of roads, stormwater
management/best management practices, erosion and sedimentation control,
physical site constraints, site grading, sanitary sewers, water supply,
and any other proposed improvements appear to be feasible from an
engineering perspective.
(b)
The Township Engineer and other staff and consultants, as applicable,
shall submit their written comments to the Township. The cost of the
Township's professional reviews shall be the responsibility of
the applicant. Preliminary plan comments issued by the Zoning Officer
shall be deemed to be determinations, as that term is defined by the
MPC, as to the issues upon which the Zoning Officer provides written
comments.
(c)
The Township may request additional review by the Township Engineer,
local fire companies and other emergency services providers, Township
staff, Township agencies, bodies, commissions, boards, committees,
Township land planning consultant, or other professional consultants
to ascertain the accuracy of the preliminary plan and submitted supplementary
data, materials, or documentation, as it may deem necessary based
on the specific circumstances. The cost of any additional review shall
be the responsibility of the applicant.
(3)
Review by other agencies.
(a)
Chester County Planning Commission. As the designated county
planning agency, the Chester County Planning Commission shall be provided
with the opportunity to review and comment on the preliminary plan
submission as required by the MPC.
(b)
Chester County Health Department. The Chester County Health
Department shall be provided with the opportunity to review and comment
on the preliminary plan submission.
(c)
Chester County Conservation District. The Chester County Conservation
District shall be provided with the opportunity to review and comment
on the preliminary plan submission.
(d)
Other agencies. county, state, federal, or other reviewing or
regulatory agencies having jurisdiction over all or a portion of the
property subject to the application shall be provided with the opportunity
to review and comment on permit or other agency-specific matters,
as applicable.
(4)
Review by the Township Planning Commission.
(a)
The Township Planning Commission shall, at its duly advertised public meetings, review the preliminary plan application for consistency with this chapter and any other applicable ordinances, resolutions, regulations, and policies, with any conditions of approval contained in any applicable order of approval for any conditional use, special exception or zoning variance, with the Four-Step Design Process, where applicable, and in consideration of the comments submitted by the Township Engineer and any other Township, county, state or federal consultants, agencies, bodies, commissions, boards, committees, etc., where applicable. The Planning Commission review shall further include, but is not limited to, those items set forth in § 138-302B(4)(a) through (h).
(b)
Where not previously accomplished, upon acceptance of a submission for review or at the first scheduled meeting of the Planning Commission at which the application shall be considered, the applicant shall arrange for a site visit of the subject property as set forth in § 138-301D.
(c)
It is recommended that the applicant or designated representative
be present at those meetings where the application will be considered.
If the applicant is present, the Planning Commission may advise the
applicant of the extent to which the proposed subdivision or land
development conforms to the relevant standards of this chapter and
the need for or acceptability of any waivers or modifications of design
standards contained herein, and any suggested plan modifications that
would increase the subdivision's or land development's degree
of conformance in order to obtain a Planning Commission recommendation
of approval.
(d)
Prior to communicating its recommendations to the Board of Supervisors
regarding any preliminary plan application, the Planning Commission
may request the input and/or may review the written or verbal comments
of any of the Township's planning, legal and engineering consultants,
the Township's other agencies, bodies, commissions, boards, committees,
other professional consultants, and other agencies involved in the
review of the subject plan as provided in Subsection D(2) and (3)
above. The Planning Commission may also receive comments from surrounding
or affected landowners.
(e)
Except where an extension of time is granted to the Township
in writing by the applicant, on a form provided by the Township, and
such extension is accepted by the Board of Supervisors, the Planning
Commission shall communicate its comments and recommendations to the
Township Board of Supervisors in advance of the last scheduled meeting
of the Board prior to the expiration of the review period set by applicable
law for decisionmaking. The communication from the Planning Commission
to the Board of Supervisors may include any recommended conditions
of approval and may cite specific sections of the chapter, other ordinances,
resolutions, regulations and/or policies, or other reasons relied
upon for the Commission's recommendations. Failure of the Planning
Commission to communicate its recommendations to the Board of Supervisors
within the prescribed time frame shall not affect the status of the
preliminary plan application nor cause any extension of the applicable
review period.
(5)
Review and decision by the Board of Supervisors.
(a)
The Board of Supervisors shall render its decision that the
submitted plan be approved, approved with conditions, or disapproved
within the time period set by applicable law for decisionmaking. This
time may be extended if the applicant grants an extension of time
to the Township in accordance with Subsection D(1) hereof.
(b)
The decision of the Board of Supervisors shall be in writing
and shall be mailed to the applicant at his last known address not
later than 15 days following the date of the decision.
[1]
When the application is not approved as filed, the decision
shall specify the defects in the application, shall describe requirements
that have not been met, and shall cite the provisions of the statute,
ordinance, resolution, regulation and/or policy relied upon.
[2]
When the application is approved with conditions, the Board
of Supervisors shall set forth the applicable conditions and the applicant
shall execute the acceptance of conditions form as presented. Where
the applicant refuses to accept the applicable conditions, the application
shall be deemed denied.
[3]
Prior to the meeting at which the Board of Supervisors will
take action on the preliminary plan application, the Township may
advise the applicant of the proposed conditions to such approval.
Before the Board of Supervisors takes action on the preliminary plan
application, where the applicant has been so advised, he/she shall
inform the Township in writing whether the condition(s) proposed to
be imposed by the Board of Supervisors are acceptable or not to the
applicant.
(c)
Upon approval of the preliminary plan application, the Board
of Supervisors shall designate one copy of the preliminary plan as
the official copy. This copy shall include all necessary corrections
as required by the Board of Supervisors. It shall be retained in the
Township files.
(d)
Approval of the preliminary plan shall not constitute approval
of the final plan or authorize the sale of lots or construction of
buildings.
A.
Purpose and applicability.
(1)
The purpose of the final plan application for subdivision or
land development is to assure full compliance with this chapter, with
applicable zoning provisions and with all other applicable laws, statutes,
ordinances, resolutions, policies and/or regulations prior to formal
recording of all relevant planning documents and land records, and
to ensure long-term proper functioning, maintenance, and funding for
all proposed improvements.
(2)
Final plan applications shall conform with all information,
requirements, and procedures set forth herein.
(3)
The final plan application shall be submitted within 12 months
of the date of preliminary plan approval for the subject property.
The applicant may request an extension beyond the 12 months subject
to approval by the Board of Supervisors.
B.
At the time of final plan submission, the applicant shall establish
with the Township an escrow account to cover reasonable costs incurred
by the Township in the course of plan review, to any extent not previously
established. Any funds not ultimately utilized shall be refunded after
final approval has been granted and any conditions thereof met or
otherwise funded.
C.
Final plan submission and acceptance for review.
(1)
The final plan application shall include all information as set forth in § 138-403, including the ERSAP and documentation of fulfillment of the Four-Step Design Process. Submitted plans and accompanying documentation shall be dated and clearly marked "Final Plans."
(2)
Applicants shall submit the minimum number of copies of the
final plan application, including all required supporting information
and materials, to the Township as specified in the Pennsbury Subdivision
and Land Development Submission Checklist in effect at the time of
submission. The final plan application shall be submitted to the Township
at least 30 calendar days prior to the Planning Commission meeting
at which the applicant requests that time be reserved on the agenda
to discuss the final plan although submission by the applicant within
that time period does not guarantee that the applicant will be on
the requested Planning Commission agenda.
(3)
Plans and all supporting information as required herein, included
in the final plan application, also shall be submitted to the Township
electronically in the format specified by the Township Engineer.
(4)
Within 10 business days from the date the final plan application is received, the Township shall determine whether the submission is a major plan submission or a minor plan submission, as defined in § 138-300B.
(a)
If the application is a major plan submission, but no preliminary plan application has previously been submitted and approved, the application shall be returned to the applicant or, upon the request of the applicant in writing, considered to be a preliminary plan submission made in accordance with § 138-303 hereof.
(b)
If the application is a major plan submission following a preliminary
plan application previously submitted and approved, or if the application
is a minor plan submission, the application shall be retained by the
Township for review in accordance with this section.
(c)
For a major plan submission, the final plan shall conform to
the approved preliminary plan.
(d)
For a major plan submission, the Board of Supervisors may permit
submission of the final plan in sections or phases.
(e)
Final plan applications shall conform to any conditions in any
applicable order of approval for a conditional use, special exception,
or zoning variance, and any conditions set forth in the preliminary
plan approval as applicable.
(5)
Also within 10 business days from the date the final plan application has been received, the Township shall determine whether the submission is administratively complete, if found to be an appropriate final plan submission pursuant to Subsection C(4) above.
(a)
To be considered administratively complete, all of the documentation required by this chapter shall be included, including compliance with prior conditions of approval as stated in Subsection C(4) above, with the application. Required application, escrow and review fees also shall have been paid to the Township in accordance with the municipal fee schedule and all required fees shall be paid to the Chester County Planning Commission in accordance with the Chester County Planning Commission's fee schedule.
(b)
Where a final plan application is found to be administratively
complete, the applicable legal review period shall begin on the date
of the next scheduled meeting of the Planning Commission at which
the application may be considered, or 30 days from the date upon which
the complete application was submitted to the Township, whichever
is earlier.
(c)
If a final plan application is determined not to be administratively
complete, it shall be returned to the applicant with a specific indication
of the missing materials or fees that rendered it incomplete. Any
professional consultant fees, including engineering fees and legal
fees, incurred by the Township in the review of the final plan for
completeness prior to formal acceptance shall be billed to the applicant.
An incomplete plan that is returned shall not be considered as having
been submitted for purposes of establishing the applicable legal review
period.
D.
Distribution of final plans. The applicant shall submit the final
plan and accompanying documentation, as appropriate, to the Chester
County Planning Commission, appropriate emergency services representatives,
Chester County Health Department, and other agencies as deemed appropriate
by the Township. Time-stamped verification of such submissions shall
be provided to the Township.
E.
Review of the final plan and rendering of decision.
(1)
Official review period. The Board of Supervisors shall render
its decision that the submitted plan be approved, approved with conditions,
or disapproved within the time period set by applicable law for decisionmaking.
The Board of Supervisors, at its discretion, may extend this time
if the applicant grants an extension of time to the Township in writing,
on a form provided by the Township. Any extension of time requested
by an applicant shall be for a minimum of 90 days.
(2)
Review by Township Engineer, Zoning Officer, and other Township
staff and consultants.
(a)
The review shall assure the following:
[1]
That all information required by this chapter is presented in
the plans submitted and that the submission complies with all requirements
of this chapter;
[2]
That the final plan complies with all applicable laws, ordinances,
resolutions, regulations, and/or policies;
[3]
That the final plan complies with the Four-Step Design Process,
where applicable;
[4]
That the final plan conforms with the approved preliminary plan,
as applicable;
[5]
That the final plan complies with any conditions set forth in
any previous order of approval for any applicable conditional use,
special exception, or zoning variance;
[6]
That, in the opinion of the Township Engineer, the various schemes
presented for the location, alignment and grade of roads, stormwater
management/best management practices, erosion and sedimentation control,
physical site constraints, site grading, sanitary sewers, water supply,
and any other proposed improvements are feasible from an engineering
perspective. Such opinion of feasibility shall not constitute any
guarantee of the ultimate performance of the submitted design.
(b)
The Township Engineer and other staff and consultants, as applicable,
shall submit their written comments to the Township. The cost of the
Township's professional reviews shall be the responsibility of
the applicant. Final plan comments issued by the Zoning Officer shall
be deemed to be determinations, as that term is defined by the MPC,
as to the issues upon which the Zoning Officer provides written comments.
(c)
The Township may request additional review by the Township Engineer,
local fire companies and other emergency services providers, Township
staff, Township agencies, bodies, commissions, boards, Township land
planning consultant, or other professional consultants to ascertain
the accuracy of the final plan and submitted supplementary data, materials,
or documentation, as it may deem necessary based on the specific circumstances.
The cost of any additional review shall be the responsibility of the
applicant.
(3)
Review by other agencies.
(a)
Chester County Planning Commission. As the designated county
planning agency, the Chester County Planning Commission shall be provided
with the opportunity to review and comment on the final plan submission
as required by the MPC.
(b)
Chester County Health Department. The Chester County Health
Department shall be provided with the opportunity to review and comment
on the final plan submission.
(c)
Chester County Conservation District. The Chester County Conservation
District shall be provided with the opportunity to review and comment
on the final plan submission.
(d)
Other agencies. County, state, federal, or other reviewing or
regulatory agencies having jurisdiction over all or a portion of the
property subject to the application shall be provided with the opportunity
to review and comment on permit or other agency-specific matters,
as applicable.
(4)
Review by the Township Planning Commission.
(a)
The Township Planning Commission shall, at its duly advertised public meetings, review the final plan application for consistency with any applicable preliminary plan approval and consistency with this chapter and any other applicable ordinances, resolutions, regulations, and policies, with any conditions of approval contained in any applicable order of approval for any conditional use, special exception, or zoning variance, with the Four-Step Design Process, where applicable, and in consideration of the comments submitted by the Township Engineer and any other Township consultants, agencies, bodies, commissions, boards, committees, etc., where applicable. The Planning Commission review shall further include, but is not limited to, those items set forth in § 138-302B(4)(a) through (h).
(b)
Where not previously accomplished, upon acceptance of a submission for review or at the first scheduled meeting of the Planning Commission at which the application shall be considered, the applicant shall arrange for a site visit of the subject property as set forth in § 138-301D.
(c)
It is recommended that the applicant or designated representative
be present at those meetings where the application will be considered.
If the applicant is present, the Planning Commission may advise the
applicant of the extent to which the proposed subdivision or land
development conforms to the relevant standards of this chapter and
the need for or acceptability of any waivers or modifications of design
standards contained herein, and any suggested plan modifications that
would increase the subdivision's or land development's degree
of conformance in order to obtain a Planning Commission recommendation
of approval.
(d)
Prior to communicating its recommendations to the Board of Supervisors regarding any final plan application, the Planning Commission may request the input and/or may review the written comments or testimony of any of the Township's planning, legal and engineering consultants, the Township's other agencies, bodies, commissions, boards, committees (e.g., EAC, Recreation Board), other professional consultants, and other agencies involved in the review of the subject plan as provided in Subsection E(2) and (3) above. The Planning Commission may also receive comments from surrounding or affected landowners.
(e)
Except where an extension of time is granted to the Township
in writing by the applicant, on a form provided by the Township and
such extension is accepted by the Board of Supervisors, the Planning
Commission shall communicate its comments and recommendations to the
Township Board of Supervisors in advance of the last scheduled meeting
of the Board prior to the expiration of the review period set by applicable
law for decisionmaking. The communication from the Planning Commission
to the Board of Supervisors may include any recommended conditions
of approval, and may cite specific sections of the chapter, other
ordinances, resolutions, regulations and/or policies, or other reasons
relied upon for the Commission's recommendations. Failure of
the Planning Commission to communicate its recommendations to the
Board of Supervisors within the prescribed time frame shall not affect
the status of the final plan application nor cause any extension of
the applicable review period.
(5)
Review and decision by the Board of Supervisors.
(a)
The Board of Supervisors shall render its decision that the submitted plan be approved, approved with conditions, or disapproved within the time period set by applicable law for decisionmaking. This time may be extended if the Applicant grants an extension of time to the Township in accordance with Subsection E(1) hereof.
(b)
The Board of Supervisors may specify conditions, changes, modifications,
or additions to the application that the Board deems necessary.
(c)
All final plan approval shall be subject to the following conditions,
as applicable, and others which may be imposed by the Township and
agreed upon by the applicant, all as demonstrated in the resolution
of approval for the application:
[1]
The applicant shall execute a written agreement, in accordance with § 138-601 herein, agreeing to install all the improvements as required by this chapter and all regulations adopted pursuant hereto, and agreeing to provide evidence of the necessary insurance coverage for the benefit of the Township, unless all required improvements shall be installed prior to recording of the final plan.
[3]
The applicant shall agree to offer deed(s) of dedication as
required by the Township for such roads, easements for sanitary sewers,
water lines, or storm sewers, public open space(s) and public improvements,
including but not limited to stormwater basins, road paving, sidewalks,
trails, shade trees, roadscape amenities, water mains, sanitary and
storm sewers, as may be required for the promotion of the public welfare.
The Township shall not be obligated to accept any particular such
deed of dedication, and shall not accept any such deed(s) until after
all said improvements are completed and such completion is certified
as satisfactory by the Township Engineer. All deed(s) of dedication
shall be provided in a form prepared by the Township Solicitor, and
shall be submitted to the Township accompanied by an opinion of record
title, in form acceptable to the Township Solicitor, indicating that
the rights-of-way are free and clear of all liens and of all encumbrances
that could adversely affect the Township's ownership or use of
such rights-of-way.
[4]
The applicant shall agree to copy the Township upon receipt
of all required permits from agencies having jurisdiction over the
proposed development, including but not limited to the Pennsylvania
Department of Transportation (PennDOT), the PADEP, and the Pennsylvania
Public Utility Commission.
[5]
No plan which proposes access onto a road under the jurisdiction
of PennDOT shall be finally approved unless the plan contains a notice
that a highway occupancy permit is required therefore 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. § 670-420.
(d)
The decision of the Board of Supervisors shall be in writing
and shall be mailed to the applicant at his last known address not
later than 15 days following the date of the decision.
[1]
When the application is not approved as filed, the decision
shall specify the defects in the application, shall describe requirements
that have not been met, and shall cite the provisions of the statute,
ordinance, resolution, regulation and/or policy relied upon.
[2]
When the application is approved with conditions, the Board
of Supervisors shall set forth the applicable conditions and the applicant
shall execute the acceptance of conditions form as presented. Where
the applicant refuses to accept the applicable conditions, the application
shall be deemed denied.
[3]
Prior to the meeting at which the Board of Supervisors will
take action on the final plan application, the Township may advise
the applicant of the proposed conditions to such approval. Before
the Board of Supervisors takes action on the final plan application,
where the applicant has been so advised, he/she shall inform the Township
in writing whether the condition(s) proposed to be imposed by the
Board of Supervisors are acceptable or not to the Applicant.
(6)
Approved final plan.
(a)
Upon approval of the final plan application, the Board of Supervisors
shall designate one copy of the final plan as the official copy. This
copy shall include all necessary corrections as finally approved by
the Board, shall be certified by the applicant's appropriate
professional and shall be endorsed by signature of the applicant,
the record landowner of the property (if different than the applicant),
the Chairperson of the Board of Supervisors, the Township Secretary
and the Township Engineer. It shall be retained in the Township files.
(b)
A minimum of seven copies of the final plan as finally approved,
certified and endorsed, as provided above, shall be distributed by
the applicant as follows:
[1]
The applicant shall provide at least seven copies to the Chester
County Planning Commission for signing. The Chester County Planning
Commission shall keep one copy and return the remaining copies to
the applicant.
[2]
The applicant shall provide two signed copies of the final plan
to the Office of the Chester County Recorder of Deeds. One copy shall
be recorded within 90 days at the Office of the Chester County Recorder
of Deeds, consistent with the provisions of Section 513(a) of the
MPC.[2] That copy will be retained by the Office of the Recorder
of Deeds, and the second copy shall be stamped "recording copy" and
returned to the Township.
[2]
Editor's Note: See 53 P.S. § 10513(a).
[3]
The applicant shall forward one signed copy to the Chester County
Health Department.
[4]
The applicant shall retain at least one signed copy of the final
plan and all supporting material.
[5]
Two additional signed copies of the final plan shall be provided
to the Township, together with one copy of all supporting materials.
(c)
The final plan as finally approved, certified, endorsed, and
fully signed shall also be submitted to the Township electronically
in the format specified by the Township Engineer.
(d)
Where conditional final approval has been granted, the conditions
must be satisfied within one year of the date of the resolution of
approval. If the conditions are not satisfied within one year, the
conditional approval shall lapse and the plan shall be deemed denied,
unless the one-year limitation has been extended at the discretion
of the Township.
