Plans and fees, when required, shall be submitted
by the applicant through the Township to the following agencies for
review:
A. Chester County Planning Commission. One copy of all
plans and referral letter shall be submitted to the Chester County
Planning Commission for its review and comment.
B. Chester County Health Department. If a sketch plan
is submitted as hereinafter provided, one additional copy shall be
submitted to the Chester County Health Department for review of matters
relating to adequacy of the site to sustain on-site water and/or sewage
disposal system. One additional copy of the preliminary plan and final
plan shall be submitted to the Chester County Health Department for
this purpose.
C. For informational purposes, nine copies of the sketch plan may be submitted to the Township Secretary, for distribution to the Township Engineer, Planning Commission, Parks, Recreation and Trails Committee, the Township Landscape Consultant if applicable, the local fire company, and the Board of Supervisors. In addition, the applicant should submit additional copies for review by the Chester County Planning Commission and the Chester County Health Department, as required by §
190-9. If the applicant wishes to receive comments from the Township Engineer or Township Landscape Consultant, escrow funds shall be provided to cover the review costs.
[Amended 5-9-2011 by Ord. No. 1-2011]
D. Where, by law, submission to a Chester County agency
is not mandatory, the Township, in its sole discretion, may elect
to waive submission to any one or more of the county agencies.
[Amended 5-9-2011 by Ord. No. 1-2011]
Every applicant for final plan approval shall
execute a form of agreement to be approved by the Township before
the final plan is released by the Board of Supervisors and filed of
record. The agreement shall specify the following, where applicable:
A. That the owner agrees that he will lay out and construct
all roads, streets, lanes or alleys together with all other improvements
including grading, paving, curbs, gutters, sidewalks, street lights,
fire hydrants, water mains, street signs, shade trees, storm and sanitary
sewers, landscaping, traffic control devices, open space and restricted
areas, erosion and sediment control measures in accordance with the
final plan as approved, where any or all of these improvements are
required conditions of approval, and that he shall complete these
improvements within the time or times specified by the Board of Supervisors.
The owner agrees to protect abutting or neighboring properties, including
Township roads, and to assure proper restoration to the condition
of the property prior to any damages incurred as a result of the owner's
development activities, if such properties are damaged by stormwater
runoff, contamination of ground or surface waters, or other activities
occurring on the owner's property.
B. That the landowner guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in §§
190-17 and
190-49 of this chapter.
C. That the owner agrees to tender a deed or deeds of
dedication to the Township for such streets and for such easements
for sanitary and storm sewers, sidewalks, manholes, inlets, pumping
stations, and other appurtenances as shall be constructed as public
improvements, provided that the Township shall not accept dedication
of such improvements until their completion is certified as satisfactory
by the Township Engineer.
[Amended 5-9-2011 by Ord. No. 1-2011]
D. Whenever a developer proposes to establish or continue
a street which is not offered for dedication to public use, the Board
of Supervisors shall require the developer to submit, and also to
record with the plan, a copy of an agreement made with the Township
Supervisors on behalf of himself and his heirs and assigns, and signed
by him, and which shall establish the conditions under which the street
may later be offered for dedication, and shall stipulate, among other
things:
(1) That an offer to dedicate the street shall be made
only for the street as a whole.
(2) That the Township shall not be responsible for repairing
or maintaining any undedicated streets.
(3) That the method of assessing repair and maintenance
costs of undedicated streets be stipulated, and shall be set forth
in recorded deed restrictions so as to be binding on all successors
or assigns.
(4) That if dedication be sought the street shall conform
to the Township specifications or that the owners of the abutting
lots shall, at their own expense, restore the street to conformance
with the Township specifications.
[Amended 5-9-2011 by Ord. No. 1-2011]
Within 90 days of the applicant’s execution
of the subdivision and land development agreement and performance
guarantee, the final plan shall be recorded by the applicant in the
Office of the Recorder of Deeds of Chester County. No such plan shall
be accepted for recording without official notification of approval
by the Board of Supervisors and of review by the Chester County Planning
Commission. Failure to record the plan within 90 days and return two
copies to the Township Secretary with a certification from the Office
of the Recorder of Deeds of the book, page, and date of recording
shall constitute a violation of this chapter and thus subject to the
full penalties and forfeitures hereinafter provided.
The continuing validity of any approval of plans
in accordance with this article shall be subject to those limitation
established by Section 508(4) of Act 247.