City of Chester, PA Article V Preliminary Plans for Major Subdivisions and Major Land Developments

§ 490-28 Initial steps.

A. Pre-submission consultation. Applicants are encouraged to informally discuss their proposals with applicable City Staff persons or other City officials before preparing engineered plans.

B. Sketch plan. Prior to the submission of a Preliminary Plan, applicants are very strongly encouraged to submit a Sketch Plan. A Sketch Plan Review often allows an applicant to save substantial time and engineering costs, because many concerns about layout and issues concerning City ordinances can be resolved prior to detailed engineering. This can often reduce the need for future redesign at a more detailed stage, thereby saving the applicant significant money and time. No official action is required on a sketch plan, so it will not delay the submittal of a preliminary plan.

§ 490-29 Submission and review procedure.

A. Preliminary plan submission required.

(1) A Preliminary Plan Submission for a Major Subdivision or Land Development (except as provided in Subsection A(2) below) meeting all of the requirements of this article shall be filed by the applicant and reviewed in accordance with the provisions of this article.

(2) A Preliminary Plan Submission is not required for the following applications, which instead shall meet the requirements in Article VII:

(a) A Minor Subdivision (as defined in Article II); or

(b) A submission that only involves a lot line adjustment (as defined in Article II) or minor adjustments to a previously approved plan as specified in § 490-39 or a merger or consolidation of lots (also referred as reverse subdivision); or

(c) A "Minor Land Development." (Note: A Minor Land Development only involves a maximum of 10,000 square feet of new building floor area, only involves an existing lot, and does not include more than three new dwelling units.)

B. Filing and distribution.

(1) The applicant shall file with the City Staff at least 20 calendar days prior to a regular City Planning Commission meeting (not including a workshop meeting): the required fees, and copies of the information and plans required under § 490-30.

(a) When the City Staff accepts a submittal for review, it is conditioned upon the Planning Commission determining that the submission is complete under § 490-29C.

(2) The City Staff shall forward applicable plans and documents to the City Planning Commission prior to or at the first regularly scheduled Planning Commission meeting after a proper submission.

(3) Applicant's distribution. The applicant is fully responsible for the following:

(a) Contacting the appropriate utility authorities/companies, as appropriate, including the sewage supplier to determine availability of service;

(b) Seeking at least an informal review by PennDOT of any proposed access onto a State road, and providing PennDOT with sufficient information for such a review;

(c) Determining whether any permits or approvals are needed from any agency outside of the City, including DEP (including any obstruction to a waterway) and the Army Corps of Engineers (including determining whether any "wetland" will be disturbed);

(d) Providing a copy of the sedimentation and erosion control plans to the County Conservation District, together with their required review fees, if any earth disturbance is proposed, unless the applicant states in writing in a signed letter to the City that earth disturbance will not occur until approval of the Final Plan (in which case the erosion control plan may be submitted at Final Plan stage);

(e) Adjacent municipalities. If any portion of a major subdivision or land development:

[1] Is proposed within 200 feet of the boundary of another municipality; or

[2] Would clearly have a regional impact upon another municipality as determined by the Planning Director, then the applicant shall provide a copy of the layout plan to that municipality for an advisory review.

(f) Providing a copy of the plans and required fees to the Delaware County Planning Commission, unless the City agrees to forward the plans to DCPC.

(g) Providing copies and making submittals to the City and review agencies as required under PA DEP's sewage planning module process, if applicable.

(4) Revisions. A detailed list of revisions from a previously submitted plan shall be provided whenever a revised plan is submitted, except for changes that were made in response to the City Engineer or City Staff's reviews.

C. Review by City Engineer; determination of completeness.

(1) After the plans are duly submitted for review (unless the plans are significantly incomplete), the City Engineer should review the engineering considerations of the Preliminary Plan and prepare a report on such considerations to the Planning Commission. A copy of findings of the City Engineer should be sent or handed in person to the applicant or his/her representative.

(2) The applicant and/or his/her engineer should make reasonable efforts to resolve technical engineering considerations outside of and prior to Planning Commission meetings.

(3) If the required fees have not been paid and the escrow account has not been properly funded, a submittal shall not be considered to be complete, and shall not have been considered to have been officially accepted by the City, until such amounts are paid in full.

(4) Based upon an initial review by the City Staff and/or the City Engineer, at the first regular meeting where the submittal is considered, the Planning Commission shall have the authority to determine that a submittal is incomplete. To be complete, the submission shall contain a fully completed application form and all types of documents and plans specified in the checklist. If a submission is determined to not be complete, the applicant and/or representative shall be notified and the submission shall not be officially accepted by the City. In such case, the official acceptance of the plans shall not occur until the City Staff or City Engineer later certifies that all required information has been submitted.

(5) The time limits of the MPC for action on a submittal shall not begin to apply until a complete submittal has been achieved.

D. Review and action by Planning Commission. The Planning Commission should accomplish the following within the time limitations of the MPC (unless the applicant grants a written time extension):

(1) Review applicable reports received from any official reviewing agencies;

(2) Determine whether the Preliminary Plan Submission meets the requirements of this chapter and other ordinances;

(3) Approve, conditionally approve or disapprove the Preliminary Plan Submission within the time limits required by the MPC. As of adoption date of this chapter, this law requires:

(a) The Planning Commission to act not later than 90 days following the date of the first regular meeting of the Commission held after the Preliminary Plan has been properly filed for review; but in no case shall the Planning Commission's decision be made later than 90 days following the date the submission was accepted as being filed for review, unless the applicant grants a written extension of time; and

(b) That no subdivision or land development shall be granted final approval until a report is received from the Delaware County Planning Commission or until the expiration of 30 days from the date the application was forwarded to the DCPC, whichever comes first.

E. Decision by Planning Commission.

(1) The decision of the Planning Commission shall be in writing and shall be communicated to the applicant personally or by mail at his/her last-known address not later than 15 days following the decision.

(2) Approval of the Preliminary Plan Submission shall constitute approval of the subdivision or land development as to the character and intensity, but shall not:

(a) Constitute approval of the Final Plan; or

(b) Authorize the sale of lots or construction of buildings.

(3) If the Preliminary Plan Submission is disapproved, the decision shall: specify defects found in the submission, describe requirements which have not been met and cite the provisions of the statute or ordinance relied upon in each case.

(4) The Planning Commission may grant combined Preliminary/Final Plan approval if:

(a) The Preliminary Plan submission also meets all of the requirements of a Final Plan submission; and

(b) The Commission determines that there are no significant outstanding matters regarding the plan.

(5) Acceptance of conditions. If conditions are placed upon an approval, it shall be the responsibility of the applicant or his authorized representative, in writing, to accept or reject the conditions within a maximum of 30 days after the date of the decision. If the applicant fails to accept or reject the conditions within such time period, then it shall be presumed that the applicant has accepted all of the conditions upon the approval. If the applicant rejects any condition within such time period, then the approval shall be rescinded, unless a decision of a court determines such condition was not valid.

(a) The applicant shall be required to show compliance with all the conditions upon the final plan approval within one year after the date of the decision by the Planning Commission, unless a written extension is granted by the Planning Commission.

F. Final plan submission deadline.

(1) An applicant shall file a Final Plan within five years from the date of the approval of the Preliminary Plan by the Planning Commission.

(2) Failure to comply with this requirement shall render the Preliminary Plan null and void, and a new Preliminary Plan submission and approval shall be required.

G. Development in stages. See § 490-33G.

§ 490-30 Preliminary plan requirements.

(See § 490-29A regarding when a preliminary plan is required.)

A. All of the following information and materials listed in this section are required as part of all Preliminary Plan submissions for any land development and any major subdivision. This list of requirements shall serve both:

(1) To establish the requirements; and

(2) As a checklist for the applicant and the City to use to ensure completeness of submissions. The applicant shall submit completed photocopies of § 490-30C as part of the application.

B. The required information listed in this section may be combined or separated onto different sheets, provided that all information is clearly readable.

C. City of Chester.

Preliminary Plan for Major Subdivision and/or Major Land Developments**

Checklist and List of Submittal Requirements

Project Name/Address:

Contact Person for Questions About

Application:

Daytime Phone No(s):

Email

Date of Submittal:

Attach this checklist to a signed copy of the application, which is included in Appendix A of this chapter.

*	Place checkmarks in the appropriate columns below, except: 1) insert "NA" in the "Not Submitted" column if not applicable and 2) insert "W" in the "Not Submitted" column if a waiver is requested from the requirement. A written request for any waiver or modification is also required under § 490-7.
**	See § 490-29A concerning which types of land developments are required to submit a Preliminary Plan.

Submitted	Not Submitted*
		A.	General Submission Items (Note: the City may require the submission of additional numbers of copies):
_____	_____		1.	Two copies of completed City Application (see Appendix A).
_____	_____		2.	Required City review fee(s).
_____	_____		3.	Required City escrow funds (to fund reviews).
_____	_____		4.	Two copies of the Preliminary Plan Checklist (using the photocopies of the pages in this section of this chapter).
_____	_____		5.	Nine print copies of the complete Preliminary Plans, with original signatures and seals of Plan Preparers on one file copy.
_____	_____		6.	Seven additional print copies of only the Layout Plans.
_____	_____		7.	Two sets of supportive documents.
_____	_____		8.	A receipt or similar notification that the applicant has provided a copy of the plan to the Delaware County Planning Commission for review.
_____	_____		9.	A PDF copy of the plans distributed to the City on a flash storage drive (or other method acceptable to the City).
_____	_____		10.	Two copies of a completed Zoning Permit application, if applicable.
		B.	Drafting requirements; all information shall be legibly and accurately presented:
_____	_____		1.	Plans prepared on a standard sized sheet (such as 18"x24," 22"x34," 24"x36," 30"x42" or 36"x48"). All copies of plans should be folded to approximately 9"x12" size in such a manner that the title of the sheet faces out, except exceptionally large and thick sets of plans may be rolled.
_____	_____		2.	Plans drawn to a standard scale (such as 1 inch = 50 feet).
_____	_____		3.	All dimensions set in feet and decimal parts thereof, and bearings in degrees, minutes and seconds.
_____	_____		4.	Differentiation between existing and proposed features.
_____	_____		5.	Boundary line of the parcel clearly and distinctly shown.
_____	_____		6.	If layout plans involve two or more sheets, a map of the layout of the entire project at an appropriate scale on one sheet, and a key map showing how the sheets connect.
_____	_____		7.	If the parcel(s) crosses a municipal boundary, a map showing both the portions in Chester City and the other municipality(ies), in sufficient detail for the City to determine how the parts will interrelate.
_____	_____		8.	Required profiles shown at a scale of 1"=50' horizontal and 1"=5' vertical, or other standard scale.
_____	_____		9.	All sheets numbered and listed on one page.
_____	_____		10.	Words "Preliminary Plan" and sheet title (such as "Layout Plan") on each sheet.
		C.	General information:
_____	_____		1.	Name of project on each sheet.
_____	_____		2.	Name of landowner and developer (with addresses).
_____	_____		3.	Names and addresses of abutting property owners.
_____	_____		4.	Lot lines of adjacent lots, and approximate locations of any buildings, common open spaces, detention basins or drainage channels existing or approved within 50 feet of the boundaries of the proposed project.
_____	_____		5.	Notarized owner's statement (see Appendix B).
_____	_____		6.	Surveyor and plan preparer's statement (see Appendix B).
_____	_____		7.	Approval/review signature blocks for: City and County Planning Commissions (see Appendix B).
_____	_____		8.	Location map with a graphic scale showing the boundaries of the project in relation to the approximate location of the following features within 100 feet from the boundaries of the parcel: existing and proposed streets, waterways, parks, and municipal borders.
_____	_____		9.	North arrow, graphic scale, written scale.
_____	_____		10.	Date of plan and all subsequent revision dates (especially noting if this is a revision of a previously approved plan), with space for noting future revision dates and general type of revisions.
_____	_____		11.	Property identification number for the parcel being subdivided, from County records.
_____	_____		12.	A statement on the plan of proposed principal uses that are intended for each lot.
		D.	Existing conditions map:
_____	_____		1.	Existing contour lines shown at the same scale as the layout plan, as follows:
				a.	Shall be based on a field survey or photogrammetric procedure, with an established bench mark.
				b.	The contour interval shall be sufficient to determine compliance with City ordinances. An interval of 2 feet for slopes of less than 15% and 5 feet for slopes of 15% or greater is generally recommended.
				c.	Note: Contours are not required to be shown within areas of lots of 10 acres or more that are clearly not intended to be altered as a result of this proposed subdivision or land development, unless needed to determine adequacy of stormwater management.
_____	_____		2.	Identification of any slopes of 15% to 25%, and greater than 25%.
_____	_____		3.	The locations and names (if any) of watercourses, natural springs, ponds, lakes and wetlands.
_____	_____		4.	Sinkholes and topical depressions.
_____	_____		5.	Location of any areas within the 100-year floodplain (with differentiation between floodway and floodfringe if available from official Federal floodplain maps).
_____	_____		6.	Approximate locations and abbreviated names of soil types, according to the U.S. Natural Resources Conservation Service or more accurate study, with identification of those that are alluvial, hydric, have a depth to bedrock of less than three feet, or a seasonally high water table of less than three feet. If such soils do not exist, that shall be stated on the Plan.
_____	_____		7.	Watershed boundaries.
_____	_____		8.	Area and location of any proposed common open space.
_____	_____		9.	If any common open space is proposed: method of ownership, entity proposed to be responsible for maintenance, description of intended purposes, proposed improvements (such as rough grading) and any proposed recreation facilities.
_____	_____		10.	Existing utility easements and restrictive covenants and easements for purposes which affect development.
_____	_____		11.	Locations of treelines and existing forested areas, with a description of the approximate average trunk diameter of the older trees on the parcel (such as "less than 12 inches").
_____	_____		12.	Applicable zoning district name, district boundaries and required minimum lot area.
		E.	Proposed layout plan: (with existing features graphically differentiated from proposed features):
_____	_____		1.	Existing and proposed lot lines:
				a.	The boundaries of lots (other than a residual lot of at least 10 acres) shall be determined by accurate field survey, closed with an error not to exceed 1 in 10,000 and balanced.
				b.	The boundaries of any residual parcel which is 10 acres or more may be determined by deed (any residual lot of less than 10 acres shall fully comply with this chapter).
_____	_____		2.	Location of existing monuments and markers.
_____	_____		3.	Sufficient measurements of all lots, streets, rights-of-way, easements and community or public areas to accurately and completely reproduce each and every course on the ground.
_____	_____		4.	Existing and proposed (if known) building locations.
_____	_____		5.	Overhead electric high-voltage lines and rights-of-way/easements.
_____	_____		6.	Total acreage of site and total proposed number of lots and dwelling units.
_____	_____		7.	Identification number for each lot (and for each building if more than one building per lot).
_____	_____		8.	Lot width (at minimum building setback line) and lot area for each lot.
_____	_____		9.	Dimensions of each lot in feet.
_____	_____		10.	Existing and proposed rights-of-way and cartway widths and locations of existing and proposed streets, including streets within 50 feet of the parcel.
_____	_____		11.	Sight distance triangles meeting City requirements.
_____	_____		12.	Street center line information including bearings and distances.
_____	_____		13.	Horizontal curve data including radius, tangent, or arc length and delta, cord bearing and distance. Such information may be listed in a table, using reference numbers on a plan, provided that sufficient information is provided along each course (such as radius and arc length) such that each course can be reproduced in the field.
_____	_____		14.	Existing and proposed utility easements and restrictive covenants and easements for purposes which affect development (stating which easements and rights-of-ways are proposed for dedication to the City).
_____	_____		15.	Right-of-way and curblines with horizontal curve radii at intersections.
_____	_____		16.	Beginning and end of proposed street construction.
_____	_____		17.	Street improvements proposed by the applicant, including any acceleration/deceleration lanes, traffic signal, street realignment or widening of abutting streets.
_____	_____		18.	Any proposed curbing (place "No" in "Not Submitted" column if not proposed by applicant).
_____	_____		19.	Any proposed sidewalks and/or walkways (place "No" in "Not Submitted" column if not proposed by applicant), with any proposed handicapped ramps at intersections.
_____	_____		20.	Names of existing streets and proposed names of new streets.
_____	_____		21.	Designation of which streets are proposed to be dedicated to the City or to remain private.
_____	_____		22.	Evidence that any proposed or higher category new street or driveway entrance onto a State road will meet PennDOT sight distance requirements, unless a Highway Occupancy Permit has already been approved for the use.
_____	_____		23.	Any proposed recreation trails, existing trails and trail easements.
_____	_____		24.	Any proposed screening, buffer yards or earth berming (see Chapter 550, Zoning).
_____	_____		25.	Areas of existing mature woods that are proposed to be protected and preserved or removed.
_____	_____		26.	General types, sizes and locations of any required street trees (see § 490-70), paved area landscaping (see Chapter 550, Zoning) and any other major proposed landscaping.
_____	_____		27.	Any proposed fencing (including height and type) and/or landscaping around stormwater basin (see § 490-59).
_____	_____		28.	Minimum setback requirements shown for each lot.
_____	_____		29.	Statement of type of water and sewer service proposed (such as "private wells and public sewer").
_____	_____		30.	Required and proposed building coverage and impervious coverage (may be stated as "typical proposed" for single-family detached homes).
		F.	Utility plan:
_____	_____		1.	If applicable, locations of the following:
				-	Any existing or proposed water supply well.
				-	Any existing or proposed on-lot septic system.
_____	_____		2.	If public or central sewage service is proposed:
_____	_____			a.	Proposed contour lines on same sheet as utility layout.
_____	_____			b.	Location and size of mains and laterals, with locations corresponding to stationing on the profile.
_____	_____			c.	Locations of manholes, with invert elevation of flow line and grade at top of each manhole.
_____	_____			d.	Proposed lot lines and any proposed easements or rights-of-way needed for the utilities.
_____	_____			e.	Location of all other drainage facilities and public utilities in the vicinity of sanitary sewer lines.
_____	_____			f.	Type, size, length and grade of sewer lines.
_____	_____		3.	If public or central water service is proposed:
_____	_____			a.	Location and size of existing and proposed water mains.
_____	_____			b.	Existing and proposed fire hydrant locations.
_____	_____			c.	Distance noted that water lines will have to be extended to reach existing lines (if not already abutting the parcel).
_____	_____		4.	Any existing and proposed underground natural gas, electrical, telephone, cable TV or other utility lines, with any easements shown that will affect development.
_____	_____		5.	List of contacts for all underground utilities in the area, with phone numbers stated on the grading plans (as required by State Act 172/PA One Call).
		G.	Grading and stormwater management plan: The information required in Article VI shall be required at the preliminary plan stage, unless the developer commits in writing to not construct any improvements until after final plan approval:
_____	_____		1.	Existing and proposed storm drainage facilities or structures, including detention basins, swales, pipes, culverts and inlets.
		H.	For uses other than single-family detached or two-family dwellings:
_____	_____		1.	Evidence that the project meets the density requirements of Chapter 550, Zoning, stating maximum and proposed densities.
_____	_____		2.	Evidence that the project will meet the off-street parking requirements of Chapter 550, Zoning, including existing, minimum and proposed numbers of spaces.
_____	_____		3.	Arrangement of off-street parking spaces, parking aisles, off-street loading areas and extent of areas to be covered by gravel or asphalt.
_____	_____		4.	For single-family attached dwellings, any proposed methods to ensure privacy between outdoor semi-private areas (such as fences or walls or plantings between rear yards).
_____	_____		5.	Illustrative sketches of exteriors of proposed principal business, townhouse or apartment buildings (encouraged but not required).
_____	_____		6.	Location of any proposed outdoor storage areas.
_____	_____		7.	Note stating total square feet of paved area, including stone areas.
		I.	Erosion and sedimentation plan: (may be submitted at the Final Plan stage if the applicant provides a written and signed statement that earth will not be disturbed until after Final Plan approval):
_____	_____		1.	Drawings showing locations and types of proposed erosion and sedimentation control measures, complying with the regulations and standards of the County Conservation District and DEP.
_____	_____		2.	Narrative describing proposed soil erosion and sedimentation control methods.
		_____	J.	Street plan-profiles: The information required in Article VI shall be required at the preliminary plan stage, unless the developer commits in writing to not construct any improvements until after final plan approval.
_____	_____	K.	Landscape plan:
_____	_____		1.	Show trees to be protected and preserved.
_____	_____		2.	Include a keyed planting schedule detailing the quantity, species, and size of all plant materials.
_____	_____		3.	Include a note committing the current and future owners to the permanent maintenance and replacement as needed of all plant materials depicted on the landscape plan, including lawn areas, fences, and retaining walls.
_____	_____		4.	Clearly designate lawn areas.
_____	_____	L.	Sanitary sewer and storm drain plan-profiles: The information required in Article VI shall be required at the preliminary plan stage, unless the developer commits in writing to not construct any improvements until after final plan approval.
_____	_____	M.	Construction details: The information required in Article VI shall be required at the preliminary plan stage, unless the developer commits in writing to not construct any improvements until after final plan approval.
		N.	Supporting documents and additional information:
_____	_____		1.	Residual Lands Sketch. If the submitted plans do not include all undeveloped or underdeveloped adjacent or abutting lands owned by the same landowner or under control of the same developer, then a sketch shall be submitted at an appropriate approximate scale, on one sheet, covering all such land holdings together with a sketch of a reasonable future potential street system. Such sketch shall demonstrate that the proposed subdivision provides for the orderly development of any residual lands and/or does not adversely affect the potential development of residual lands.
_____	_____		2.	Sewage Planning. If a sewage facility planning module is required by DEP, then prior to Preliminary Plan approval, the applicant shall submit two complete copies for City use, plus the applicant shall submit copies of the module and required accompanying plans to various agencies as required under State regulations. The approval of a sewage planning module is not required until final plan approval, but the applicant shall provide evidence that they are forwarding complete submittals to the proper review agencies.
_____	_____		3.	Central Water. If central water service is proposed by an existing water service provider, the applicant shall provide a letter from such provider which states that the provider expects to be able to adequately serve the development, that the proposed water system is acceptable.
_____	_____		4.	Public Sewage. If service is proposed by a Public Sewage provider, the developer shall submit a copy of a letter from the provider which states that the provider can adequately serve the subdivision, and that the proposed sanitary sewage system is acceptable.
_____	_____		5.	Non-public Sewage. If service is proposed by a central sewage system that is not publicly-owned, the developer shall provide sufficient information to show that the proposed system would be feasible, within DEP regulations and maintained and operated through an acceptable system.
_____	_____		6.	Access to State Roads. If access is proposed to a State road: a) copy of any information submitted to PennDOT and any correspondence from PennDOT regarding the proposed access to State roads (this requirement applies throughout the entire approval process), and b) evidence that the proposed access will meet PennDOT sight distance requirements.
_____	_____		7.	Floodplain. If the project would include any area within the 100-year floodplain or any watercourse, a statement from the Zoning Officer indicating that the proposed subdivision or land development would be in compliance with the Floodplain regulations of the City.
_____	_____		8.	A statement describing the organization, major officers and principal shareholders of a corporate developer or the general partner of a partnership that is the applicant.
_____	_____		9.	Method of ensuring maintenance of any private street.
_____	_____		10.	List of any Modifications or Waivers requested to this chapter.
_____	_____		11.	Copies of the decisions of any approved or proposed zoning variances, or special exception use approvals that are relevant to the proposal.
_____	_____		12.	With each revision of a previously submitted plan, the Plan Preparer shall either:
_____	_____			a)	Certify in writing that no changes were made to the Plan, other than changes requested by the City; or
_____	_____			b)	List the changes that were made, other than those changes requested by the City.

§ 490-31 Certification.

All certification shall comply with the State professional licensing laws. All subdivisions of land shall be certified and stamped by a registered land surveyor. At least one set of all plans provided to the City, including revisions, shall bear original signatures and original seals of plan preparers, which shall be marked as a "City File Copy."