Article IV Plan Processing Procedures

Definition. A "minor subdivision" means:

A subdivision involving only lot line adjustments and no development; or

Limited activity.

A subdivision in which:

[a]

No road (public or private) is to be constructed or widened;

[b]

No other improvements (including but not limited to walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers or storm drainage facilities) requiring a performance bond or escrow are to be constructed; and

[c]

No earthmoving activities except those incidental to construction of a single-family dwelling on each proposed lot will take place.

[2]

No more than three minor subdivisions shall be approved over any period of time for any original tract or parcel of ground. When more than three minor subdivisions have been submitted or approved for any original parcel, each succeeding submission shall be submitted as a major subdivision.

[3]

Any further subdivision submissions involving property which was the subject, in whole or in part, of an approved previous minor subdivision application shall be considered a major subdivision under Subsection B(1).

Procedure. Submit:

Sketch plan (optional) and;

Final plan.

Major subdivision and all land development proposals.

Definition. A "major subdivision" means;

Any land development application; or

Any subdivision proposal involving a subdivision not defined as a minor subdivision under Subsection A(1).

Procedure. Submit:

Sketch plan (optional);

§ 175-12 Presubmission procedures for property within Flood Hazard District.

Preliminary plan; and

(c)

Final plan.

On-site sewage facilities. Prior to the preparation of any subdivision or land development plan for property within any designated Flood Hazard District, the developer shall consult PADEP to determine soil suitability when on-site sewage disposal facilities are proposed.

Soil and geologic conditions. The developer shall consult the Chester County Conservation District concerning erosion and sediment control and the effect of soil and geologic conditions on the proposed subdivision or land development of property within a designated Flood Hazard District. At the same time, a determination shall be made as to whether or not any flood hazards either exist or will be created as a result of the subdivision or development.

§ 175-13 Voluntary sketch plan.

Purpose. A sketch plan for any subdivision or land development may, at the developer's option, be submitted to the Planning Commission for review. A sketch plan is not required to be filed, and submission of a sketch plan does not constitute a formal submission of an application for approval of a subdivision or a land development. The sketch plan procedure is provided to afford the developer the opportunity to submit information for review and informal discussion with the Planning Commission before engaging in the detailed engineering design required for the preparation of a preliminary plan.

Official action not required. The submission of a sketch plan shall not preclude the developer from proceeding with preliminary or final subdivision or land development applications, and the failure of the Planning Commission to act on any sketch plan shall not result in a deemed approval thereof.

§ 175-14 Sketch plan procedure.

Copies. For informational purposes, seven copies of the sketch plan may be submitted to the Township Secretary for distribution to the Township Engineer and Planning Commission.

Content. When submitted, the sketch plan shall show the following:

Name, address and telephone number of the developer, and, if the developer is not the owner of record, the name, address and telephone number of the record owner and the nature of the developer's interest in the subject property whether as beneficial owner or otherwise.

Name, address and telephone number of the person who prepared the plan.

The title: "Sketch Plan."

Zoning requirements and the degree to which the plan conforms to the same, including:

Applicable zoning districts; and

Any variance, special exceptions, conditional uses, and/or amendments to Chapter 200, Zoning, of the Code of the Township of East Whiteland (including the Zoning Map) which have been granted or will be required for the proposed subdivision and/or land development.

A location map which highlights the location of the tract within the Township and depicts adjoining and nearby roads (scale one inch equals 800 feet).

Tract boundaries and area in acres, with dimensions and names of abutting owners.

(7)

North arrow, scale and date.

(8)

Streets on and adjacent to or near the tract, property named or identified.

(9)

Natural features of the site related to existing topography, soils, vegetation and watercourses, including such features as slopes between 15% and 25% and slopes greater than 25%, wetlands, wooded areas, areas within the Flood Hazard District, flood-fringe areas, and other critical areas.

(10)

Man-made features of the site, including existing buildings and structures.

(11)

The proposed general street and lot layout.

(12)

In the case of a land development plan, the proposed location of all buildings and structures, parking areas and other construction and/or improvements.

(13)

Proposed method(s) of water supply and sanitary sewage disposal.

(14)

A completed, signed and dated checklist, entitled "Requirements For Sketch Plan Submission" (Appendix I[1]).

§ 175-15 Submission of preliminary plan.

Editor's Note: Appendix I is included at the end of this chapter.

Review. The Planning Commission will endeavor to review submitted sketch plans on the next convenient date available to the Planning Commission at a public meeting, and the developer will be notified. No time limitation is imposed upon the Planning Commission in its review of a sketch plan nor shall any formal procedure or time constraints be construed to apply to any such review. The Planning Commission may but shall not be required to make written comments to the developer about any sketch plan, or it may report its comments orally at a public work session.

Filing and acceptance. A preliminary plan and profile plan for the subdivision or land development prepared in accordance with the requirements set forth hereinafter in this chapter shall be filed with the Township Secretary during normal business hours. The Township Secretary or his designee shall review each plan submitted for filing to ensure that the application is complete as required by this § 175-15. Incomplete items shall be noted on the face of the application or in a separate writing, and the application, together with all plans and accompanying documents, including the filing fees, shall be returned within a reasonable time to the developer.

Application requirements. Official submission of a preliminary plan shall consist of:

Seven copies of the application for preliminary plan review.

Seven copies of the preliminary plan.

Seven completed copies of the planning modules for land development.

Seven copies of any other document, report or other supplementary data and plans required by any provision of this chapter, including but not limited to a site features analysis, utilities plan, conservation plan, community services and facilities analysis, natural resources impact study, recreation impact study, traffic impact study, environmental impact study, and a sound and vibration study.

[Amended 5-10-2023 by Ord. No. 353-2023]

The filing fees established by resolution of the Board for the filing of the plan and a completed, signed and dated review fee agreement, in a form acceptable to the Township Solicitor, to reimburse the Township for charges incurred by it in the payment of its professional consultants in reviewing and/or issuing reports with respect to the plan submission.

[Amended 12-9-2015 by Ord. No. 274-2015]

A completed, signed and dated checklist, entitled "Requirements for Preliminary and/or Final Subdivision/Land Development Plans" (Appendix II[1]).

Editor's Note: Appendix II is included at the end of this chapter.

Plan distribution. Upon receipt of a completed application in accordance with the preceding subsection, the Township Secretary shall forward for review complete copies of the application, the plan and all supplementary documents to the Township Engineer and the Township Planning Commission and such parts of the application to other governmental agencies having jurisdiction, as required. The number of copies for distribution shall be as administratively determined by the Township Secretary from time to time. One complete copy of the application and plans submitted shall be retained for the Township's master file.

§ 175-16 Preliminary plan review.

Township Engineer. The Township Engineer's review shall include an examination of the content of the plans to verify that all information required by this chapter is presented in the plan submitted; an investigation of the plan to verify compliance with this chapter and all other applicable Township ordinances; an examination of the engineering feasibility of the scheme of development in compliance with this chapter and all other applicable ordinances of the Township; and such other review as he shall decide is relevant and material. The Township Engineer may confer with the developer or the developer's engineer in his review and analysis of the plan and shall forward his written comments on the plan to the Township Manager and the Planning Commission within a reasonable time. The Township Engineer shall have a minimum of 30 days following the filing and acceptance of the application and plan within which to submit his written review to the Planning Commission. A copy thereof shall also be forwarded to the developer.

Township Planning Commission review and recommendation procedures.

Upon receipt of the Township Engineer's comments, the Planning Commission shall, at one or more public meetings, examine the plan to determine compliance with this chapter, Chapter 200, Zoning, of the Code of the Township of East Whiteland and all other applicable Township ordinances and regulations. The Commission shall be guided by the plan review conducted by the Township Engineer and, when available, the written comments of the Chester County Planning Commission and Chester County Conservation District and any other public agency shall be considered. The developer, his engineers and consultants may appear at any Planning Commission public meeting at which the application and plan are scheduled for discussion to review and discuss the plan.

If, during the course of the Planning Commission's review of the preliminary plan and prior to the Commission's recommendation to the Board, the plan is revised by the developer, such revision shall be made on eight copies of the plan, each of which shall note the date or dates of any such revisions. No revised plan shall be accepted for filing or review unless it is preceded or accompanied by a timely written extension, signed by the developer, extending the period within which the Board must render and communicate a decision upon the initially filed plan then pending for an additional 90 days calculated in accordance with § 175-10B and C of this chapter. All revised plans must be reviewed by the Township Engineer prior to review by the Commission. No additional filing fee shall be required for a revised plan following this procedure. Revised plans shall be submitted to the Township Secretary and shall be distributed by the Township Secretary as required hereby.

§ 175-17 Board's preliminary plan review and decision procedure.

The Secretary of the Planning Commission shall send the official minutes and/or other written recommendation with respect to the application and plan, together with an explanation of the basis for such recommendations, to the Board within such time as to allow the Board to render a timely decision with respect to the plan, citing specific sections of the statutes, ordinances and regulations upon which the Commission has relied. A copy thereof shall also be forwarded to the developer.

Review. When a preliminary plan has been officially submitted to the Board for review and decision following review and recommendation by the Township Engineer and Planning Commission, the application and plan shall be placed on the Board's agenda at its next regularly scheduled meeting; provided, however, nothing herein shall preclude the Board from scheduling a special meeting to consider the plan. The Board may conduct a public hearing with respect to the application and plan.

Scope and conditions. The Board shall designate one copy of the plan as the official copy, which shall include all corrections as required by the Board. It shall be retained in the Township's master file. In acting on the application and plan, the Board may consider all reviews and comments of the Township Engineer, the Planning Commission and any public agency having jurisdiction over any aspect of the application and plan. The Board may specify conditions, changes, modifications, or additions to the plan and application as they deem necessary and appropriate, and may make their decision to grant preliminary approval subject to the developer's acceptance of such conditions, changes, modifications or additions.

Specification of defects. In the event the application and preliminary plan are not approved by the Board as filed, the decision of the Board shall specify the defects found in the plan, describe the requirements which have not been met, and shall, in each case, cite the provisions of the ordinance, statute, or regulation, whether that of the Township, state or other regulatory authority having jurisdiction, relied upon.

Decision. The decision of the Board shall be in writing and shall be communicated to the developer personally or mailed to him at the address appearing in his application not later than 15 days following the decision. Copies of the decision shall also be forwarded to any affected governmental agencies.

Developer's notification to Township. In the event that the Board approves a preliminary plan subject to conditions, the developer shall notify the Board, in writing, within 30 days of the date of the Boards' decision, of his acceptance of all of the conditions. Upon such acceptance, the conditional preliminary plan approval shall become an approved preliminary plan, subject to the accepted conditions, as of the date of the Board's conditional preliminary plan approval. Should the developer not notify the Board within said thirty-day period of his acceptance of all of the conditions, the Board's decision shall be deemed to be a rejection, which shall constitute a final rejection of the preliminary plan as of the date of its initial conditional approval decision. The developer's notification shall be timely if physically received in the Township's Administrative Offices within the required thirty-day period or if mailed within said thirty-day period when accompanied by a proof of mailing within said period on Post Office Form 3817, Certificate of Mailing, which shows the date of mailing, the name of the sender, the name of the Township as addressee and the development's name.

Plan status. Approval of the preliminary subdivision or land development plan shall not authorize the sale or the advertisement of lots for sale, the lease of land, buildings or portions of buildings or the subdivision or development of land.

§ 175-18 Submission of final plan.

Plan submission procedure. Within one year after the Board's approval of the preliminary plan, a final plan for the subdivision or land development prepared in accordance with the requirements of this chapter shall be filed with the Township Secretary. An extension of time may, at the Board's discretion, be granted for cause shown upon request of the developer. The Township Secretary or his designee shall review each plan submitted for filing to ensure that the application is complete as required by Subsection C hereof. Incomplete items shall be noted on the face of the application or in a separate writing, and the application, together with all plans and accompanying documents, including the filing fees, shall be returned within a reasonable time to the developer.

Conformance to preliminary plan. The final plan shall conform to the terms of the approval of the preliminary plan and to the most recent administrative regulations adopted by the Board for such purposes.

Application requirements. Official submission of a final plan shall consist of:

Seven copies of the application for final plan review submitted on the Township's official form, one containing a notarized affidavit of ownership and statement of the intended use of the land.

Seven copies of the final plan.

[Amended 5-10-2023 by Ord. No. 353-2023]

The approval, issued by PADEP, of the supplement of the revision of the Township's sewage facilities plan; the water quality management permit issued by that Department; and the approval of the Soil Conservation Service and/or the permit issued by PADEP as appropriate for sedimentation and erosion control, as applicable.

[Amended 12-9-2015 by Ord. No. 274-2015]

A completed, signed and dated checklist, entitled "Requirements for Preliminary and/or Final Subdivision/Land Development Plans (Appendix II[1]).

Editor's Note: Appendix II is included at the end of this chapter.

Distribution. Upon receipt of a completed application in accordance with the preceding subsection, the Township Secretary shall forward complete copies of the application for review, the plan and all supplementary documents to the Township Engineer and the Township Planning Commission and such parts of the application to the other governmental agencies having jurisdiction, as required. The number of copies for distribution shall be as administratively determined by the Township Secretary from time to time. One complete copy of the application and plans submitted shall be retained for the Township's master file.

Phased plans. The Planning Commission may recommend and the Board may permit approval of a final plan in sections or phases, each covering a reasonable portion of the entire proposed development as shown on the approved preliminary plan, provided that the first final plan section is submitted for review and approval within the time required by Subsection A hereof and the last final plan section is submitted for review and approval within three years of the preliminary plan approval. In any such case, in addition to requiring the posting of financial security to guarantee installation of improvements in the phase or section for which approval is then sought, if the Board, in the exercise of its discretion, determine the same to be necessary, it may require the posting of financial security and the construction, installation and completion of all or a part of the required public improvements shown on the preliminary plan even though those improvements are physically to be located in a section or phase for which final approval is not then being sought. This subsection shall be sufficient authority for the Board to make that determination and impose it as a condition of approval of any section or phase of any final plan.

§ 175-19 Review of final plan.

Township Engineer. The Township Engineer's review shall include an examination of the content of the plans to verify that all information required by this chapter is presented in the plan submitted; an investigation of the plan to verify compliance with this chapter and all other applicable Township ordinances and that the plan conforms to the preliminary plan approval; and examination of the engineering feasibility of the final designs for compliance with this and all other applicable Township ordinances; and such other review as he shall determine to be relevant and material. The Township Engineer may confer with the developer or the developer's engineer in his review and analysis of the plan and shall forward his written comments on the plan to the Township Manager and the Planning Commission within a reasonable time. The Township Engineer shall have a minimum of 30 days following the filing and acceptance of the application and plan within which to submit his written review to the Planning Commission. A copy thereof shall also be forwarded to the developer.

Township Planning Commission review and recommendation procedures.

Upon receipt of the Township Engineer's comments, the Planning Commission shall, at a public meeting, examine the plan to determine compliance with this chapter, Chapter 200, Zoning, of the Code of the Township of East Whiteland, and all other applicable Township ordinances and regulations. When available, the written comments of the Chester County Planning Commission and any other public agency shall be considered. The developer, his engineers and consultants may appear and participate at any designated Planning Commission public meeting at which the application and plan are scheduled for review and discussion. The Planning Commission shall submit a written report to the Board, together with the Township Engineer's review, and shall recommend either approval or disapproval of the plan or approval of the plan subject to recommended conditions.

If, during the course of the Planning Commission's review of the final plan and prior to final action by the Planning Commission, the plan is revised by the developer, such revision shall be made on eight copies of the plan, each of which shall note the date or dates of any such revisions. No revised plan shall be accepted for filing or review unless it is preceded or accompanied by a timely written extension, signed by the developer, extending the period within which the Township must render and communicate a decision upon the initially filed plan then pending for an additional 90 days calculated in accordance with § 175-10B and C of this chapter. No additional filing fee shall be required for a revised plan following this procedure. Revised plans shall be submitted to the Township Secretary and shall be distributed by the Township Secretary in accordance with § 175-18D.

The Secretary of the Planning Commission shall send the official minutes and/or other written recommendation with respect to the application and plan, together with an explanation of the basis for such recommendations, to the Board within such time as to allow the Board to render a timely decision with respect to the plan, citing specific sections of the statutes, ordinances and regulations upon which the Planning Commission has relied. A copy thereof shall also be forwarded to the developer.

Board review and decision procedure.

When a final plan has been officially reviewed and forwarded to the Board by the Planning Commission, such plan shall be placed on the Board's agenda for review and action. The Board may, before acting on a final subdivision or land development plan, hold a public hearing thereon.

In acting on the final plan, the Board shall review the application and plan, any studies or documents submitted therewith, and the written comments of the Township Engineer, the Planning Commission, the Chester County Planning Commission and all other reviewing agencies, together with comments, if any, from public hearings, if any, to determine the plan's conformity to this chapter and all other applicable Township ordinances. The Board may specify conditions, changes, modifications or additions to a plan which it deems necessary and may make their decision to grant final plan approval subject to such reasonable conditions as they shall impose.

When the application is not approved in terms as filed, the Board's decision shall specify the defects found in the application and plans and shall describe the requirements which have not been met and shall, in each instance, cite the provisions of the statute or ordinance relied upon.

In the event that the Board approves a final plan subject to conditions, the developer shall notify the Board, in writing, within 30 days of the date of the Board's decision, of his acceptance of all of the conditions. Upon such acceptance, the conditional final plan approval shall become an approved final plan, subject to the accepted conditions, as of the date of the Board's conditional final plan approval. Should the developer not notify the Board within said thirty-day period of his acceptance of all of the conditions, the Board's decision shall be deemed to be a rejection, which shall constitute a final rejection by the Board of the final plan as of the date of the Board's initial conditional approval decision. The developer's notification shall be timely if physically received by the Township in the Township's administrative offices within the required thirty-day period or if mailed within said thirty-day period when accompanied by a proof of mailing on Post Office Form 3817, Certificate of Mailing, which shows the date of mailing, the name of the sender, the name of the Township as addressee and the development's name.

Approval of the final plan shall constitute approval of the development in accordance with and only in accordance with the final plan approval, subject, nevertheless, to compliance with Subsection C(6) of this § 175-19 in the event of a conditional approval; provided, however, that approval of the final plan shall not authorize the sale of lots, the lease of land, buildings or portions of buildings or the subdivision or development of land until such time as the financial security guaranteeing the required improvements is posted with or secured to the Township, the subdivision and the land development agreement, the financial security agreement and developer's bond are fully executed and delivered to the Township, the plan is recorded and the Township has issued all necessary and proper permits.

§ 175-20 Conditional approval; release of approved final plan; recording.

Upon the Board's approval of the final plan, or such phase thereof as has been submitted for approval, the developer shall submit to the Township an estimate of the costs of completion of the required improvements for the purpose of determining the amount of financial security required to guarantee their installation and completion. The estimate shall be prepared by a professional licensed engineer licensed as such in Pennsylvania and shall be certified by such engineer to be the fair and reasonable estimate of such costs. The costs estimate so submitted shall be reviewed by the Township Engineer for accuracy and completeness and he shall, within a reasonable time, recommend to the Township either acceptance or rejection of the estimate. The Board, upon recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. In the event that the developer and the Board are unable to agree upon an estimate, the estimate shall be recalculated and recertified by an independent licensed professional engineer licensed as such in Pennsylvania and chosen mutually by the Board and the developer. The estimate certified by such engineer shall be presumed fair and reasonable and shall be the final estimate. The fee for the services of the said independent engineer shall be paid equally and promptly by the Township and the developer.

Board resolution approving plan. When requested by the developer in order to facilitate financing, the Board shall furnish the developer with a signed copy of a letter of contingent approval indicating approval of the final plan contingent upon the developer obtaining satisfactory financial security. This letter shall not be issued until the developer has accepted all conditions, if any, attached by the Board to a conditionally approved final plan. The final plan shall not be released to the developer nor recorded until all required agreements required by § 175-43 of this chapter have been fully executed by both the developer and, where required, the financial institution issuing or providing the financial security, and the financial security is delivered or secured to the Township and is in place irrevocably guaranteeing the completion of the required improvements. The letter of contingent approval shall expire and be deemed to be revoked if the financial security agreements are not executed and the financial security is not in place within 90 days of the date of the plan's contingent approval, unless a written extension is requested, in writing, by the developer and granted by the Board. Such extension shall not be unreasonably withheld and shall be placed in writing at the developer's request.

Recording final plan. Upon approval and signing of the final plan by the Board and its release to the developer, the developer shall forthwith record the final plan in the office of the Recorder of Deeds of Chester County. The final plan shall not be accepted for recording by the Recorder unless the plan, on its face, contains the signatures of a majority of the Board and evidences review by the County Planning Commission. If for any reason the final plan is not recorded within 90 days, the Board, upon reasonable cause being shown by the developer for lack of timely filing, may re-execute the plan so as to facilitate its timely recording or may authorize its Solicitor to notify the Recorder that the Board has no objection to the late filing of the final plan. After a final plan has been approved and recorded, all streets and public grounds on such plan shall be and become part of the Official Map of East Whiteland Township without public hearing.

Recording declarations and easements. Concurrently with the recording of the final plan, the developer shall record in the office of the Recorder of Deeds of Chester County the declaration of restrictions, covenants and easements, if any, together with any other recordable easements or other documents required by the final plan approval and such as have been previously approved by the Board and Township Solicitor. No such documents shall be valid or enforceable nor recordable until so approved. In no event shall lots be conveyed from the approved plan prior to such recording.

Commencement of development.

With the exception of soil or percolation testing, well drilling for testing purposes, and similar engineering and/or surveying activities, no construction or land disturbance activities in a subdivision or land development shall be commenced until the developer submits to the Township Secretary a copy of the Recorder of Deeds' receipt or receipts for recording of the final plan and other documents and materials required by this chapter to be recorded therewith.

No application for a building or other permit under Chapter 200, Zoning, of the Code of the Township of East Whiteland shall be submitted, and no building or other permit under Chapter 200, Zoning, shall be issued for any building or other structure in any subdivision or land development until the final plans for the subdivision or land development have been approved and recorded as provided in this chapter and until the terms, conditions and other provision of §§ 175-19 and 175-20 have been satisfied. Although not generally allowed under this chapter, nevertheless, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building or other permit shall be issued for construction on any such lot until this condition has been complied with.

No water system or sewer system, including extensions to proposed future Township systems or new systems employing sewage treatment plans, shall be constructed prior to the review and approval by the Township and the issuance of appropriate permits from the PADEP or from federal or local agencies, as required.

Plan amendments. Modifications to or of an approved subdivision or land development plan shall be resubmitted and reprocessed in the same manner as the original plan. All construction and all land and other site disturbance activities shall cease pending approval of the modified plan; provided, however, that activities involving the maintenance of stormwater management, sedimentation and erosion control facilities and devices shall and must be fully continued.

Resubdivision procedure for lot line changes.

All applications for lot line changes to an approved final plan shall follow the final plan review procedures outlined under § 175-19.

All resubdivision plan applications involving lot line changes shall be submitted to the Township Secretary following all requirements of § 175-18.

In making any alteration to the previously approved final plan or record plan which involves lot line changes, the following shall be observed:

No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 200, Zoning, of the Code of the Township of East Whiteland;