An ordinance of the City of Chester, Delaware County, Pennsylvania, providing for: the regulation and control of the subdivision of lots and the development of land; the approval of plans, plots, or replots of land laid out in building lots; standards for the design of streets, lots, easements, blocks and other improvements; certain minimum improvements and construction standards on streets and improvements; financial security requirements for improvements; the administration of this chapter by the City of Chester Planning Commission and City Council; and penalties for the violation of this chapter.
This chapter shall be known and may be cited as the "City of Chester Subdivision and Land Development Ordinance of 2016." This chapter shall serve as Chapter 490 of the Code of the City of Chester.
The purpose of these regulations is to create conditions favorable to the health, safety, and general welfare of the citizens by assisting in the orderly and efficient integration of subdivisions; ensuring conformance of subdivision plans with the public improvements plans of the City; ensuring sites suitable for building purposes and human habitation; facilitating the efficient movement of traffic and avoiding traffic hazards and congestion; securing equitable handling of all subdivision plans by providing uniform procedures and standards; improving land records by establishing standards for surveys and plans; safeguarding the interests of the public, the homeowner, the subdivider and the Municipality; preserving natural and historic features; and carrying out the goals and objectives of the Comprehensive Plan and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
No subdivision or land development of any lot, tract, or parcel of land shall be made, and no street, sanitary sewer main, water main or other improvements required in connection with a proposed subdivision or land development shall be constructed, opened or dedicated for use of the public or the occupants of the proposed subdivision or land development, and no building that first needs land development approval shall be constructed, except in accordance with this chapter.
B. 
A lot or parcel that was not a legal lot of record prior to adoption of this chapter shall not be created, sold or transferred, and no land development may occur on a lot unless and until:
(1) 
The subdivision of the lot and/or the approval of the land development, as applicable, has been granted final plan approval and any subdivision has been recorded; and
(2) 
Either of the following occurs, as provided in § 490-42:
(a) 
The City has been assured by means of a Development Agreement and guarantees acceptable to the City Council that the improvements will subsequently be installed; or
(b) 
The required improvements in connection therewith have been entirely completed.
C. 
Previous subdivisions. If a parent tract of land has been the subject of the creation of two or more new lots within the previous five years, then any subdivision submittal involving that parent tract shall be required to meet the requirements for a major subdivision.
D. 
Landowner. No subdivision or land development shall be submitted to the City for review except by the landowner of such land or his/her specifically authorized agent (see definition of "landowner" in Article II, which includes equitable owner).
E. 
Zoning. All subdivisions and land developments shall comply with Chapter 550, Zoning, and other relevant City codes and ordinances.
A. 
Standards.
(1) 
The provisions of this chapter shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, convenience and general welfare.
(2) 
Where provisions, standards, and specifications of this chapter conflict with those of any State statute, other ordinance or regulations, the more restrictive requirement shall apply, regardless of its source, unless specified to the contrary.
B. 
Illustrations. The illustrations in this chapter are for general illustrative purposes, and are not part of the regulations of this chapter.
A. 
An applicant seeking a modification or waiver to this chapter shall submit to the City staff a request in writing that states: the specific section(s) of this chapter involved and the reasons for the request. The staff shall provide the request to the Planning Commission for a recommendation. After the Planning Commission has had an opportunity for review at a meeting, the Planning Commission may in writing grant a waiver or modification to the specific requirements of this chapter.
(1) 
This section is established under Section 503(8) of the MPC,[1] which authorizes waivers and modifications "when the literal compliance with mandatory provisions is shown to the satisfaction of the Planning Commission to be unreasonable, to cause undue hardship or when an alternative standard can be demonstrated to provide equal or better results." (Note: A variance to a requirement of Chapter 550, Zoning, needs to be decided by the Zoning Hearing Board.)
[1]
Editor's Note: See 53 P.S. § 10503(8).
(2) 
A modification involves the Planning Commission approving a specific alternative standard, while a waiver involves the Planning Commission removing a specific requirement as it pertains to an application.
B. 
The applicant must prove that the request will meet one or more of the following conditions:
(1) 
Avoid an undue hardship that was not self-created and that is not financial in nature, and that results from the peculiar and uncommon conditions of the property; or
(2) 
Avoid a clearly unreasonable requirement; or
(3) 
Allow an alternative standard that is clearly proven by the applicant to provide equal or better results.
C. 
Additional modifications allowed. In addition to the authority granted above, the Planning Commission shall have the authority to modify specific requirements of this chapter listed below for an application to result in a higher quality site design, including a design that is more pedestrian-friendly, encourages lower speed traffic on residential streets and/or promotes patterns of development. A modification under this section may include the following:
(1) 
Reduction in the minimum horizontal curve radius of streets to promote lower-speed traffic.
(2) 
Variations in the design of cul-de-sac street ends.
(3) 
Reduction of street cartway widths and provisions for alleys to provide rear access to properties, considering the expected traffic volumes, on-street parking and traffic speeds.
(4) 
Variations in landscaping and buffer yard requirements that still achieve a similar effect to what would otherwise be required.
(5) 
Allowance of shared driveways where necessary to minimize impacts upon natural resources and to manage traffic access onto through-streets.
A. 
The City Council has established a schedule of fees, requirements for escrow accounts, and a collection procedure for all applications and other matters pertaining to this chapter, including a review fee for a sketch plan. The applicant shall also pay the reasonable charges by the City's Engineer and other professional consultants, including legal professionals, for review of the proposed project and for related preparation of reports and meeting time.
(1) 
An escrow account shall be funded by the applicant at the time of submittal of a preliminary or final plan. A plan submittal shall not be considered to be complete until all fees have been paid and the escrow account has been funded. Expenses of the City Engineer and any other authorized consultants that are directly related to the review of the applicant's project shall be paid from the escrow account. The City shall require that the escrow account be replenished by the applicant if it is in danger of becoming depleted. Any unused funds shall be returned to the applicant. A plan shall not be approved for recording if such costs remain unpaid.
(2) 
At the time of submittal of a final plan, the applicant shall also be required to deposit funds into the escrow account to pay the anticipated costs of the City's Engineer and other professional consultants, including legal professionals, to oversee the system of financial security of improvements and for inspections.
(3) 
The schedule of fees may be amended by resolution of the City Council.
B. 
The applicant is also required to pay any review fees and/or permits required by the County Planning Commission, utility providers and the Delaware County Conservation District, as well as any other applicable agencies.
C. 
Plans shall not be considered filed until all City fees are paid and the applications are properly signed as required.
D. 
If the expenses of the City for reviews of a subdivision or land development exceed the total fees that have been paid or placed in escrow by an applicant, additional funds shall be required to be deposited by the applicant. If expenses exceed the amount placed into escrow, such excess expenses shall be paid by the applicant prior to release of the Final Plans by the City for recording. If the funds exceed the amount of the expenses, the excess shall be refunded to the applicant.
(1) 
In the event the applicant disputes the amount of any review fee, the applicant shall, no later than 100 days after the date of transmittal of the bill to the applicant, notify the City and the City's professional consultant that such fees are disputed. A fee dispute shall not delay or be cause for plan disapproval. Failure of the applicant to dispute a bill within 100 days shall be a waiver of the applicant's right to arbitration of that bill under Section 510(g) of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10510(g).
(2) 
In the event the applicant and the City cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the City shall follow the procedure for dispute resolution, as set forth in Sections 503(1) and 510(g) of the MPC,[2] provided that the professionals resolving such dispute shall be of the same profession or discipline as the consultants whose fees are being disputed.
[2]
Editor's Note: See 53 P.S. §§ 10503(1) and 10510(g).
A. 
Alternate plans. Only one preliminary or final plan concerning any one specific area of land shall be before the City as part of an official approval process at any one moment in time, unless specifically allowed in advance by the Planning Commission. An applicant may submit multiple sketch plan alternatives or plans showing various phases.
B. 
Revisions and resubdivisions.
(1) 
Until a submission is approved or rejected by the Planning Commission, the applicant may withdraw the submission and submit a Revised Plan following the submission and review procedures which apply to that Plan. For any submittal of a revision of a previously submitted plan, the City may require the applicant to submit additional amounts into an escrow account or other fees if needed based upon the City's expenditures on the review up to that time.
(2) 
The Planning Commission may approve a revision of a previously approved subdivision or land development, provided that the revised aspects comply with current City ordinances. However, if the City Planning Director determines that a submittal is substantially different from the previously approved plan, then a complete new submittal shall be required that shall comply with all current City ordinances.
(3) 
If the City Planning Director determines that a revision of a previously approved plan is only to correct erroneous data or minor omissions or revise engineering details or supporting documentation, the plan may be submitted under the simplified requirements and procedures of § 490-39.
The City Staff shall keep accurate written records of all actions by the City Planning Commission and City Council involving the administration of this chapter. Such records shall be open for public review.
A. 
Amendments. The regulations set forth in this chapter may, from time to time, be amended by the City Council, following the procedures of the MPC,[1] including a City Council public hearing (with public notice required by the MPC) and the required legal advertisement.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Reviews. The City shall submit each proposed amendment (other than an amendment prepared by or under the direction of the Planning Commission) to the Planning Commission for recommendations at least 30 days prior to the date set for the City Council public hearing. The City shall submit any proposed amendment to the County Planning Commission at least 30 days before the public hearing on such amendment.
A. 
Inspectors. The Mayor shall authorize one or more persons, which may include the Zoning Officer, Planning Director, City Solicitor and the City Engineer and his/her representatives, to enforce the provisions of this chapter and accompanying improvement specifications.
B. 
Inspection. Any action under this chapter is subject to on-site inspection by the City or its authorized representatives to ensure compliance with this chapter, other City ordinances and the approved plans.
C. 
Remedies. Any action inconsistent with the provisions of this chapter shall be subject to an enforcement notice, which may include a cease-and-desist order and other appropriate measures by the City Council or their authorized representatives.
A. 
Any person, partnership or corporation who or which has violated any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the City Council or their authorized representatives, pay a judgement of not more than $500 plus all court costs, including reasonable attorneys fees incurred by the Municipality as a result thereof, unless a higher penalty is established under State law. This shall include, but not be limited to, any person, partnership or corporation that accomplishes any act listed under § 490-4, Applicability, without following the applicable procedures of this chapter.
B. 
The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
C. 
If the defendant neither pays nor timely appeals the judgment, the City may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. Imprisonment shall not be authorized as a penalty under this chapter.
D. 
See also the "Remedies" provisions of § 490-13C. All fines collected for such violations shall be paid over to the City.
[Amended 5-25-2016 by Ord. No. 10-2016]
Neither the approval nor the granting of any building permit, floodplain permit, site plan review, subdivision approval, land development approval, zoning permit, erosion review, stormwater runoff review, wetland delineation or wetland review, steep slope review or any other review or permit of this chapter, involving any land governed by the provisions of this chapter, by an officer, employee, consultant or agency of the City, shall constitute a representation, guarantee or warranty of any kind by the City or its employees, consultants, officials or agencies of the practicality or safety of any structure, use or subdivision and shall create no liability upon, nor a cause of action against any City body, consultant, official or employee for any damage that may result pursuant thereto.
It is hereby declared to be the legislative intent that:
A. 
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
B. 
The City Council hereby declares that it would have adopted this chapter, but without including a part declared invalid, if City Council had advance knowledge that such part would be declared invalid.
All other City ordinances or parts thereof that were adopted prior to this chapter and are clearly in conflict with this chapter, including the preexisting Chester City Subdivision and Land Development Ordinance (SALDO), as amended, are hereby repealed. However, the fees stated in the preexisting SALDO shall continue to be in effect until they are replaced by a new fee ordinance or resolution.
The provisions of this chapter that only repeat, summarize or reference provisions of the MPC[1] shall be deemed to be automatically superseded and replaced by any applicable amendments to such provisions of the MPC at the date such amendments become effective as State law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter is enacted under the authority and procedures of the Pennsylvania Municipalities Planning Code, as amended, and the City Code, as amended, and constitutes a new Subdivision and Land Development Ordinance for the City of Chester.