A.
Hereafter, all preliminary and final subdivision or
land development plans shall be reviewed by the Township Planning
Commission and the County Planning Commission and shall be approved
or disapproved by the Board of Supervisors in accordance with the
procedures specified in this chapter. Any application not processed
as required hereafter shall be null and void unless it was made prior
to the adoption of these regulations.
B.
All subdivision applications shall be, for the purposes
of procedure, classified as either minor or major, as follows:
(1)
Minor subdivisions are those in which:
(a)
No public or private road serving more than
three lots must be constructed or widened;
(b)
No other improvements (including but not limited
to walkways, curbs, gutters, street lights, fire hydrants, shade trees,
water mains, sanitary sewers or storm sewerage facilities) requiring
a performance bond or escrow are to be constructed;
(c)
No earth-moving activities except those incidental
to construction of a single-family dwelling on each proposed lot will
take place.
(2)
Major subdivisions comprise all other subdivisions
and all land developments not involving subdivision.
C.
Landowners submitting an application for a minor subdivision may elect to submit such application in the form of a final plan, in which event the procedures set forth in §§ 190-12 and 190-13 hereof shall not be applicable. Nothing herein contained, however, shall prevent such landowner from first submitting a sketch plan and/or a preliminary plan. Major subdivision applications shall be subject to all review procedures specified in this article.
D.
The applicant
shall notify all abutters, at their last known address on file with
the Chester County Department of Assessment, of the date and time
of the first public meeting where the initial application will be
considered by the Planning Commission. The notification shall be sent
by regular mail and certified mail, return receipt requested, and
mailed a minimum of one week prior to the first Planning Commission
meeting that will consider the application. The applicant shall provide
a copy of each abutter’s notification and the return receipts,
if available, to the Planning Commission at the first Planning Commission
meeting. A good faith effort and substantial compliance shall satisfy
the requirements of this subsection. The failure to notify abutters
may be a basis for denying plan approval.
[Added 5-9-2011 by Ord. No. 1-2011]
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]
A.
A sketch plan for all proposed subdivisions or development
of land located within the Township may, at the developer's option,
be submitted to the Township Planning Commission for review.
B.
Such sketch plans may be considered as submitted for
informal discussion between the developer and the Planning Commission.
Submission of a sketch plan does not constitute submission of an application
for approval of a subdivision or land development plan.
C.
For informational purposes, eight copies of the sketch plan may be submitted to the Township Secretary for distribution to the Township Engineer, Planning Commission, 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 Chester County Health Department as required by § 190-9.
[Amended 5-9-2011 by Ord. No. 1-2011]
D.
In the event that any developer shall intend to make changes in the contour of any land proposed to be subdivided, developed or changed in use by grading, excavating or removal or destruction of the natural topsoil, trees, or other vegetative covering thereon, the developer is strongly urged to consult with the Township Engineer and Township Landscape Consultant prior to or concurrently with submission of the sketch plan, in order to insure that the proposed subdivision or land development will be compatible with a conservation plan (as described in § 190-24) to be submitted.
[Amended 5-9-2011 by Ord. No. 1-2011]
A.
After receiving the written comments of the Township
Engineer, the Township Landscape Consultant if applicable, and Chester
County agencies, the Planning Commission shall consider the suitability
of a sketch plan for the development of the land and its relationship
to the harmonious extension of streets and utilities, arrangement
and density of housing, and compatibility of the plan with the Comprehensive
Plan for the Township, and submit its written recommendations to the
Board and the applicant. The Planning Commission also may solicit
reviews and reports from adjacent municipalities and other governmental
agencies affected by the plan.
[Amended 5-9-2011 by Ord. No. 1-2011]
B.
The applicant may, but need not, request further review
of the sketch plan by the Board. If further review is requested, the
Board, after considering the written recommendations of the Planning
Commission, Chester County agencies and the Township Engineer, shall
advise the applicant as to requested plan modifications it shall deem
necessary or advisable.
A.
The preliminary plan shall conform to the most recent
administrative regulations adopted by the Board of Supervisors for
such purpose.
B.
Copies of the preliminary plan and all required supplementary
data shall be initially and officially submitted to the Township Secretary,
together with the required fees and escrow funds as prescribed by
resolution of the Board. The Township Secretary shall note the date
of receipt and shall submit such plans to the Board of Supervisors,
the Township Planning Commission, the county agencies, the Township
Engineer, the Parks, Recreation and Trails Committee, the Township
Landscape Consultant if applicable, and other such persons or agencies
as the Board of Supervisors shall determine.
[Amended 5-9-2011 by Ord. No. 1-2011]
C.
Official submission of a preliminary plan to the Township
Secretary shall consist of:
[Amended 5-9-2011 by Ord. No. 1-2011]
(1)
Three copies of the application for review of preliminary
subdivision or land development plan.
(2)
A sufficient number of copies of the preliminary plan
and all supporting plans and information to enable proper distribution
for the review of the plans.
(3)
Payment of subdivision application fees and deposit
of escrow for plan review cost.
D.
Upon receipt of the above, the Township Secretary
shall forward one copy of the application for review, eight prints
of the preliminary plan and seven prints of all other required plans
to the Township Planning Commission, one copy to each of the Chester
County agencies, three copies of the preliminary plan and three prints
of all other required plans to the Township Board of Supervisors,
and one print of the preliminary plan and one print of all other required
plans to the Township Engineer and Township Landscape Consultant if
applicable, one print of the preliminary plan and the stormwater management
and water supply plans to the fire company of the jurisdiction, retaining
all other data in the Township files.
[Amended 5-9-2011 by Ord. No. 1-2011]
E.
If the Planning Commission, at its next meeting following submission of the preliminary plan, determines that the official submission of the preliminary plan, as provided in Subsection C above, is incomplete, the Township Planning Commission shall, within seven days, notify the applicant, in writing of the steps which are required to complete the submission and advise the applicant that the plans have not been filed, as that term is used in Section 508 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
A.
Township Planning Commission.
(1)
The Township Planning Commission shall within 60 days
review the plan and the recommendations of the county agencies, the
Parks, Recreation and Trails Committee, and the Township Engineer,
and the Township Landscape Consultant and the fire company, should
such recommendations be made. The Planning Commission also may solicit
reviews and reports from adjacent municipalities and other governmental
agencies affected by the plan.
[Amended 5-9-2011 by Ord. No. 1-2011]
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the action of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
ordinances relied upon, to the following:
B.
Board of Supervisors.
(1)
When a preliminary plan has been officially submitted
to the Board of Supervisors by the Planning Commission, such plan
shall be placed on its agenda for review and action.
(2)
In acting on the preliminary subdivision or land development
plan, the Board shall review the plan and the written comments of
the Township Engineer, the Planning Commission, the fire company,
the Chester County Planning Commission and all other reviewing agencies,
and comments from public hearings, if any, to determine its conformance
to existing ordinances. The Board may alter any subdivision or land
development plan and specify conditions, changes, modifications or
additions. Whenever approval is subject to such specified conditions,
the written action of the Board also shall require the applicant's
written acceptance of the conditions. If such written acceptance of
the conditions is not received by the Board within the time period
specified by this chapter for a decision, the plan shall be deemed
to have been denied by the Board. Notwithstanding the foregoing procedure,
the Board shall render a decision on all preliminary plans and communicate
it to the applicant not later than 90 days following the date of the
regular meeting of the Planning Commission next following the date
the application is filed, provided that should the said next regular
meeting occur more than 30 days following the filing of the application,
the said ninety-day period shall be measured from the 30th day following
the date the application has been filed. The decision of the Board
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address not later than 15 days
following the decision, or the end of the said ninety-day period,
whichever shall first occur. The form and content of the decision
shall comply with applicable requirements of the Municipalities Planning
Code.
A.
Within one year after approval of the preliminary
plan, a final plan and all necessary supplementary data shall be officially
submitted to the Township Secretary/Treasurer.
B.
The final plan shall conform to the most recent administrative
regulations adopted by the Board of Supervisors for such purposes.
D.
Failure to make timely submission of final plans renders
void a preliminary plan approval, and applicant shall be required
to file a new application for preliminary plan approval.
E.
Official submission of the final plan to the Township
Secretary shall consist of:
[Amended 5-9-2011 by Ord. No. 1-2011]
F.
Copies of the final plan and all required supplementary
data shall be initially and officially submitted to the Township Secretary.
After the required fees and escrow deposits have been paid, the Township
Secretary shall note the date of receipt and shall then forward seven
prints of the plan to the Township Planning Commission, one print
of the final plan to each of the Chester County agencies, three prints
of the final plan and one copy of the application for final review
to the Township Board of Supervisors, one print of the final plan
to the Township Engineer and Township Landscape Consultant if applicable,
and one print to the local fire company.
[Amended 5-9-2011 by Ord. No. 1-2011]
A.
Township Planning Commission.
(1)
The Planning Commission shall, within 60 days, review
the plan and the recommendations of the county agencies, the Township
Engineer, the Township Landscape Consultant, the local fire company
and other reviewing agencies. The Planning Commission also may solicit
reviews and reports from adjacent municipalities and other governmental
agencies affected by the plan.
[Amended 5-9-2011 by Ord. No. 1-2011]
(2)
After such meeting, the Secretary of the Planning
Commission shall send written notice of the action of the Planning
Commission and the reasons therefor, citing specific sections of statutes
or ordinances relied upon, to the following:
B.
Board of Supervisors.
(1)
When a written report of a final plan has been officially
returned to the Board of Supervisors by the Planning Commission, such
plan shall be placed on the agenda of the Board of Supervisors for
review.
(2)
Upon receipt of the Planning Commission's recommendation
and other supporting information, the Board shall, at one or more
regular or special public meetings, review the final plan and shall,
within the time limitations set forth hereinbelow, either approve
or disapprove the plan. The Board may specify conditions, changes,
modifications, or additions to the plan which it deems necessary,
and may make its decision to grant final approval subject to such
conditions, changes, modifications or additions. Whenever approval
is subject to such specified conditions, the written action of the
Board also shall require the applicant's written acceptance of the
conditions. If such written acceptance of the conditions is not received
by the Board within the time period specified by this chapter for
a decision, the plan shall be deemed to have been denied by the Board.
Notwithstanding the forgoing procedure, the Board shall render a decision
on all final plans and communicate it to the applicant not later than
90 days following the date of the regular meeting of the Planning
Commission next following the date the application is filed, provided
that should the said next regular meeting occur more than 30 days
following the filing of the application, the said ninety-day period
shall be measured from the 30th day following the day the application
has been filed.
(3)
Copies of the final plan as finally approved, with
the appropriate endorsement of the Board of Supervisors and the Township
Engineer, shall be distributed as follows:
C.
Every final plan approval shall be subject to the
following conditions:
(1)
The landowner shall execute a subdivision and land development agreement in accordance with § 190-16.
(2)
The landowner shall execute the agreements prepared by the Township in accordance with § 190-17A.
(3)
The landowner agrees if requested to tender a deed
of dedication to the Township for streets, any and all easements for
sanitary sewers, water lines or storm sewers and improvements thereto,
including street paving, sidewalks, shade trees, water mains, fire
hydrants, sanitary and storm sewers, manholes, inlets, pumping stations
and other appurtenances as shall be constructed as public improvements
and as are required for the promotion of public welfare, after all
streets, sidewalks, sewers and the like are completed and such completion
is certified as satisfactory by the Township Engineer. The Board may
require that the applicant supply a title insurance certificate from
a reputable company before any property is accepted for the Township.
(4)
Whenever the landowner is required to provide open
space as part of the development, an easement in perpetuity restricting
such open space against further subdivision or development shall be
executed between the landowner and the Township, and shall run to
the benefit of the Township and lot purchasers in the subdivision
or land development.
(5)
The submission to the Township of all required permits
from agencies having jurisdiction over ancillary matters necessary
to effect the subdivision or land development, such as Pennsylvania
Departments of Transportation and Environmental Protection, Public
Utility Commission and Chester County Health Department.
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.
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.
A.
The landowner shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements listed in § 190-16A. Financial security required herein shall be in the form of a federal or commonwealth chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company, or such other type of financial security which the Township may, in its reasonable discretion, approve. The bonding company may be chosen by the party posting the financial security, provided that the said bonding company or lending institution is authorized to conduct business within the commonwealth and stipulates that it will submit to Pennsylvania jurisdiction and Chester County venue in the event of legal action. The Township prefers a "true escrow" as the appropriate form of security and in the alternative requires an affidavit of solvency or a rating designation establishing an appropriate rating of the bonding company or lending institution.
B.
The said financial security shall provide for, and
secure to the public, the completion of all subdivision improvements
for which such security is being posted on or before the date fixed
in the Board's formal action of approval or accompanying agreement
for completion of the improvements. The amount of financial security
required shall be based upon an estimate of the cost of completion
of the required improvements, submitted by an applicant or developer
and prepared by a professional engineer, licensed as such in Pennsylvania,
and certified by such engineer to be a fair and reasonable estimate
of such cost. The Board, upon recommendation of the Township Engineer,
may refuse to accept such estimate for good cause shown. If the applicant
or developer and the Township are unable to agree on an estimate,
then the estimate shall be determined in accordance with the terms
of Section 509(g) of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
C.
The amount of financial security to be posted for
the completion of the required improvements shall be equal to 110%
of the cost of completion of the required improvements, estimated
as of 90 days following the date scheduled for completion by the developer.
The Township may adjust annually the amount of financial security
by comparing the actual costs of the improvements which have been
completed and the estimated cost of completion of the remaining improvements
as of the expiration of the 90th day after either the original date
scheduled for completion or a rescheduled date of completion. Subsequent
to said adjustment, the Township may require the developer to post
additional security in order to assure that the financial security
equals said 110%. Any additional security shall be posted by the developer
in accordance with the terms in this section. If the party posting
the financial security requires more than one year from the date of
posting of the financial security to complete the required improvements,
the amount of financial security shall be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting of financial security or to an amount not exceeding 110% of
the cost of completing the required improvements as reestablished
on or about the expiration of the preceding one-year period by using
the above bidding procedure.
D.
In the case where development is projected over a
period of years, the Board of Supervisors may authorize submission
of final plans by section or stage of development, subject to such
requirements or guarantees as to improvements in the future sections
or stages of development as it finds essential for the protection
of any finally approved section of the development, and consistent
with the terms of Section 508(4) of Act 247.[2]
[2]
Editor's Note: See 53 P.S. § 10508.
E.
If water mains or sanitary sewer lines, or both, along
with apparatus or facilities related thereto, are to be installed
under the jurisdiction and pursuant to the rules and regulations of
a public utility or municipal authority separate and distinct from
the Township, financial security to assure proper completion and maintenance
thereof shall be posted in accordance with the regulations of the
controlling public utility or municipal authority and shall not be
included within the financial security as otherwise required by this
section.
F.
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board shall have 45 days from the receipt of such request within which to allow the Township Engineer to certify in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board his independent evaluation of the proper amount of partial releases. If said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, the report of the Township Engineer shall contain a statement of reasons for such disapproval or rejection. If the Board fails to act within 45 days, the Board shall be deemed to have approved the release of funds as requested. The Board may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements as per § 190-46E of this chapter.
[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.
