Final authority for approval or denial of approval
for all preliminary and final subdivision and land development plans
shall be vested in the Board of Supervisors. Prior to action by the
Board of Supervisors, all such plans shall be referred to the Township
Planning Commission for review and recommendation; provided, however,
that the failure to make such referral and/or the failure of the Planning
Commission to review and/or make a recommendation with respect to
any such plan shall not affect the validity of any action taken by
the Board of Supervisors with respect to any such plan.
A.
For purposes of procedure, all applications shall
be classified as either minor or major:
(1)
Minor: any subdivision in which:
(a)
No street is to be constructed or widened;
(b)
No other public improvement, i.e., intended
to be dedicated to the Township, is to be constructed;
(c)
No land disturbance activities will take place
except those incidental to construction of a single-family dwelling
on each lot; and
(d)
No more than three lots are created.
B.
Major applications shall be subject to all review
procedures specified in this article.
C.
Where an application qualifies as a minor subdivision
under the terms of this section, the applicant may, at his discretion,
seek approval according to the following procedures:
(1)
A preliminary plan, complying with the content requirements of § 130-26 of this chapter (i.e., in no greater detail than that which is suggested for a sketch plan), shall be submitted and reviewed in accordance with §§ 130-12 and 130-13 of this chapter that are otherwise applicable to sketch plans; the requirements and procedures of §§ 130-14 and 130-15 shall be waived, except that written comments on the plan shall be presented by the Planning Commission to the applicant within the time period specified in § 130-15B(3) of this chapter.
D.
In the case of a minor plan as determined by this section, the Board, at its sole discretion, may waive certain of the design standards in Article VI of this chapter that are otherwise applicable to plans submitted for subdivision approval. In general, such waivers shall be in relation to standards for streets and other public improvements required for a major subdivision.
[Added 1-9-2001]
A.
It is the policy and clear preference of Londonderry
Township to consider major applications for subdivision or land development
approval through conduct of the following sequential steps. Applicants
are strongly encouraged to adhere to this process. Steps 1 through
4, below, may be combined or modified at the discretion of the Board
of Supervisors.
(1)
Preapplication meeting.
(2)
Site inspection.
(3)
Summary of site inspection findings.
(4)
Sketch plan submission and review.
(5)
Preliminary plan submission, determination of completeness,
review, and decision.
(6)
Final plan submission (incorporating all preliminary
plan approval conditions and documentation of all other agency approvals,
as applicable), determination of completeness, review, and decision.
(7)
Recording of approved final plan with County Recorder
of Deeds.
B.
The Township prefers that every applicant submit a
sketch plan for informal discussion of the proposed subdivision or
land development. Regardless of whether a sketch plan is submitted,
the applicant is advised to undertake the following steps prior to
the initial preparation and submission of an application for approval:
(1)
Preapplication meeting. The first step in the application
process should be a preapplication meeting between the applicant and
Township representatives; the latter may include members of the Board
of Supervisors, Planning Commission, Township Engineer, and planning
consultant, among others. The purpose of the meeting will be to introduce
the applicant to the Township's zoning and subdivision/land development
regulations and procedures, to discuss the applicant's objectives,
to apprise the applicant of the availability of information resources
from the Township, and to schedule a site inspection and plan submissions,
as described below. Where a preapplication meeting is to be held,
it will be scheduled as part of the agenda of an advertised regular
or work session meeting of the Township Planning Commission; the applicant
shall notify the Township of the intent to attend such meeting, to
enable all appropriate parties to receive notification of the preapplication
meeting.
(2)
Site inspection.
(a)
The applicant, at least one member of the Township
Planning Commission, and, as appropriate, the Township Engineer and/or
planning consultant should arrange and conduct a site inspection of
the property. Other Township representatives may be involved, as deemed
appropriate by the Township and/or as requested by the applicant.
The purpose of the site inspection is to assure that Township officials
are familiar with the property's existing conditions and special features,
to identify potential site design issues and examine development approaches
the applicant may be considering, and to provide an informal opportunity
to discuss the site design concepts, including the general layout
of open space areas and, if applicable, potential locations for proposed
buildings and proposed street alignments.
(b)
The applicant is strongly encouraged to prepare a conservation plan, as prescribed in § 130-27D, and distribute copies prior to or at the on-site meeting.
(c)
Comments by Township representatives shall be
interpreted as suggestive only. It shall be understood by all parties
that no formal recommendations can be offered and no official decisions
can be made at the site inspection.
(d)
Scheduling of the site inspection should occur
at the preapplication meeting, and the site inspection should take
place as soon thereafter as is mutually convenient and feasible.
(3)
Summary of site inspection findings. Following the
site inspection and prior to the submission of a plan, the applicant
will have the opportunity to meet with the Planning Commission to
discuss the findings of the site inspection for purposes of developing
a mutual understanding on the general approach to subdividing and/or
developing the tract. At the discretion of the Planning Commission,
this conference may be combined with the site inspection. A written
summary of the site inspection findings and subsequent discussions
shall be prepared by the Township. Such summary shall be submitted
to the applicant, who will be encouraged to express concurrence and/or
discuss its findings with the Planning Commission prior to the preparation
of any plan. A copy of the written summary shall be submitted to the
Board of Supervisors.
A.
It is suggested that all applicants for subdivision
or land development submit a sketch plan to the Township Planning
Commission for review prior to submission of a formal application.
Submission of a sketch plan is not mandatory, nor does it constitute
a formal subdivision or land development application.
B.
Sufficient copies of the sketch plan may be submitted
to the Township Secretary for distribution to the Planning Commission
and Township Engineer prior to the Planning Commission meeting at
which the sketch plan is to be discussed. The requisite number of
copies shall be as determined by the Board.
D.
Prior to the preparation of any plans, it is suggested
that the applicant consult with the Chester County Health Department
concerning soils suitability when on-site sewage disposal facilities
are proposed.
E.
At the discretion of the Township, the applicant may
be advised to consult with the Chester County Soil and Water Conservation
District concerning erosion and sediment control and the effect of
geologic conditions on the proposed development.
A.
The Planning Commission shall, at a regular meeting
at which the applicant's attendance is encouraged, consider the suitability
of the 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 Township
Comprehensive Plan. The Township may require that the owners of all
lands directly adjacent to the subject tract, as well as any other
landowner deemed by the Township to be potentially affected by the
proposed development, be notified by the applicant, by letter, of
the meeting and its purpose. Based on this review, the Planning Commission
shall submit its written comments to the applicant; provided, however,
that the failure of the Planning Commission to submit comments in
writing shall not be deemed to be an approval of an application or
to vest any rights in the applicant.
B.
The applicant may, but need not, request further review
of the sketch plan by the Board. If further review is requested, the
Board may consider the sketch plan, may consider the written or other
comments of the Planning Commission, and may advise the applicant
as to the Board's comments with respect to the sketch plan; provided,
however, that the Board is not required to review the sketch plan
nor to submit comments to the applicant if the Board does review the
sketch plan.
C.
Nothing herein contained, nor the failure of the Planning
Commission or the Board, or both, to proceed or act in accordance
with this section, shall be deemed to be a decision with respect to
any subdivision or land development plan or to vest any rights in
the applicant.
A.
All preliminary plans submitted pursuant to this chapter
shall conform to the requirements of this chapter and shall, in addition,
conform to such administrative regulations of the Board as may have
been adopted by the Board at any time or from time to time and as
shall be in effect and applicable to the submission at the time such
submission is initiated.
B.
Official submission of a preliminary plan to the Township
Secretary shall consist of:
(1)
Four copies of the application for review of preliminary
subdivision or land development plan on the form promulgated by the
Township for this purpose.
(2)
A sufficient number of copies (as specified on the
application form) of the preliminary plan and all supporting plans
and information to enable proper distribution and review, as required
by the Board.
(4)
In addition, the applicant shall provide a copy of the application, preliminary plan, and all supporting plans and information in portable document format (PDF) file format on a compact disc (CD), thumb drive, or other media or electronic method acceptable to the Township. The Township reserves the right to require the applicant to provide a computer-aided drafting (CAD) file and ArcMap file format containing, at a minimum, the horizontal (or plan view) sheets of the project. It is not necessary to provide profiles, details or cover sheets in CAD form. The CAD file shall be in the industry standard .DXF (digital exchange file) format or other format approved by the Township (e.g., .DWG, .PRO, etc.) and shall be submitted to the Township by way of an electronic method acceptable to the Township. Care should be taken, for layering structure, to differentiate title line work, utilities by type, and existing versus proposed information. The electronic submission must be readable and shall be prepared to meet commonly accepted drafting and engineering industry standards for layers but shall, at a minimum, include descriptive information layers and GIS shape file data containing the information required for a preliminary plan as specified in §130-27.
[Added 6-8-2021 by Ord. No. 01-2021]
C.
Copies of the preliminary plan and all required supplemental
data initially shall be submitted to the Township Secretary, together
with the required fees and escrow deposit established in accordance
with the terms of this chapter. The Township Secretary shall note
the date of receipt of the application, fees, and escrow deposit.
The application shall not be deemed to be submitted until a complete
application and the required fees and the required escrow deposit
all have been submitted.
D.
Upon acceptance of a complete application, together
with all required fees and escrow deposits, the Township Secretary
shall transmit the requisite number of copies of the plans and other
required materials to the Township Planning Commission and the Township
Engineer. In addition, copies shall be transmitted to:
(1)
Chester County Planning Commission (one copy and referral
letter).
(2)
Chester County Health Department (two copies and referral
letter) for review of matters relating to adequacy of the site to
sustain on-site water and/or sewage disposal system.
(3)
Chester County Soil and Water Conservation District
(one copy), at the discretion of the Township where it deems such
consultation advisable, for review of matters relating to drainage
and abatement of soil erosion. Any costs for such review shall be
paid by the applicant.
(4)
Such additional persons or agencies as the Township
shall determine.
A.
Township Planning Commission.
(1)
If the applicant wishes his plan to be discussed by
the Planning Commission at its next scheduled meeting, the applicant
shall so notify the Commission Secretary in writing at least 10 days
prior to the meeting date and request to be placed on the agenda.
Owners of all lands directly adjacent to the subject tract, as well
as any other landowner deemed by the Township to be potentially affected
by the proposed development, shall be notified by the applicant, by
letter, of the meeting and its purpose.
(2)
The Township Planning Commission shall review all
plans referred to it and shall consider any recommendations made by
any county agency, the Township Engineer, and any other persons or
entity who shall have submitted comments with respect to any such
application.
(3)
After such review, the Secretary of the Planning Commission
shall send written notice of the recommendation of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
ordinance 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 Planning Commission, Township Engineer, County Planning Commission, and all other reviewing agencies, and comments from public hearings, if any, to determine conformity of the application to the standards of this and any other applicable ordinance. The Board may specify conditions, changes, modifications, or additions to the application which the Board deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications, or additions, citing appropriate ordinance provisions as prescribed in § 130-15B(5), below.
(3)
For the purposes of Section 508 of Act 170[1], the Township Planning Commission is the body which first
reviews any application. Unless the applicant has agreed in writing
to an extension of time, all applications for preliminary approval
of a plan shall be acted upon by the Board and communicated 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, or after a final order of the court remanding an application,
provided that should the next regular meeting of the Planning Commission
occur more than 30 days following the filing of the application, or
the final order of the court, said ninety-day period shall be measured
from the 30th day following the day the application has been filed.
[Amended 11-10-2009 by Ord. No. 04-2009]
[1]
Editor's Note: See 53 P.S. § 10508.
(4)
The decision of the Board shall be in writing and
shall be communicated to the applicant personally or mailed to the
applicant at his last known address not later than 15 days following
the decision, unless the applicant has agreed in writing to a change
in the prescribed manner of presentation of communication of the decision.
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the statute or ordinance relied upon.
[Amended 11-10-2009 by Ord. No. 04-2009]
(5)
Conditions of approval.
[Amended 11-10-2009 by Ord. No. 04-2009]
(a)
The approval of a preliminary plan may be subject to conditions,
including but not limited to:
(b)
Where approval is subject to such conditions, the written notice
of the Board as prescribed herein shall specify each condition of
approval, supported by a statement of a reason for the condition,
including a citation to the provision involved where the condition
is based on an ordinance, statute, or regulation.
(c)
The written notice of the Board also shall require the applicant's
written agreement to the conditions.
(d)
Where the applicant's written concurrence is not received within the time allotted to the Board for making and communicating its decision, as provided in § 130-15B(4) above, the Board shall be deemed to have denied approval.
A.
The final plan shall conform to the terms of approval
of the preliminary plan and to the most recent administrative regulations
adopted by the Board.
C.
Official submission of a final plan to the Township
Secretary shall consist of:
(1)
Four copies of the application for review of final
subdivision or land development plan on the form promulgated by the
Township for this purpose.
(2)
A sufficient number of copies (as specified on the
application form) of the final plan and all supporting plans and information
to enable proper distribution and review, as required by the Board.
(3)
Payment of application fees and deposit of escrow
for plan review cost.
(4)
In addition, the applicant shall provide a copy of the application, final plan, and all supporting plans and information in portable document format (PDF) file format on a compact disc (CD), thumb drive, or other media or electronic method acceptable to the Township. The Township reserves the right to require the applicant to provide a computer-aided drafting (CAD) file and ArcMap file format containing, at a minimum, the horizontal (or plan view) sheets of the project. It is not necessary to provide profiles, details or cover sheets in CAD form. The CAD file shall be in the industry standard .DXF (digital exchange file) format or other format approved by the Township (e.g., .DWG, .PRO, etc.) and shall be submitted to the Township by way of an electronic method acceptable to the Township. Care should be taken, for layering structure, to differentiate title line work, utilities by type, and existing versus proposed information. The electronic submission must be readable and shall be prepared to meet commonly accepted drafting and engineering industry standards for layers but shall, at a minimum, include descriptive information layers and GIS shape file data containing the information required for a final plan as specified in §130-28.
[Added 6-8-2021 by Ord. No. 01-2021]
D.
Copies of the final plan and all required supplemental
data initially shall be submitted to the Township Secretary, together
with the required fees and escrow deposit established in accordance
with the terms of this chapter. The Township Secretary shall note
the date of receipt of the application, fees, and escrow deposit.
The application shall not be deemed to be submitted until a complete
application and the required fees and the required escrow deposit
all have been submitted.
E.
Upon acceptance of a complete application, together
with all required fees and escrow deposits, the Township Secretary
shall transmit the requisite number of copies of the plans and other
required materials to the Township Planning Commission and the Township
Engineer. In addition, copies shall be transmitted to such additional
persons or agencies as the Township shall determine.
A.
Township Planning Commission.
(1)
The Planning Commission shall review the final plan
submitted and shall consider all recommendations of the Township Engineer
and any other reviewing agency submitting comments. Owners of all
lands directly adjacent to the subject tract, as well as any other
landowner deemed by the Township to be potentially affected by the
proposed development, shall be notified by the applicant, by letter,
of the date and purpose of the meeting at which the plan will be reviewed.
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the recommendation of the Planning Commission
and the reasons therefor, citing specific sections of statutes or
ordinances relied upon, to:
B.
Board of Supervisors.
(1)
When a written report on a final plan has been officially
forwarded 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 herein below, either approve
or disapprove the plan. Notwithstanding the foregoing procedure, and
unless the applicant has agreed in writing to an extension of time,
all applications for final approval of a plan shall be acted upon
by the Board and communicated 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, or after a final
order of the court remanding an application, provided that should
the next regular meeting of the Planning Commission occur more than
30 days following the filing of the application, or the final order
of the court, said ninety-day period shall be measured from the 30th
day following the day the application has been filed.
[Amended 11-10-2009 by Ord. No. 04-2009]
(3)
The decision of the Board shall be in writing and
shall be communicated to the applicant personally or mailed to the
applicant at his last known address not later than 15 days following
the decision, unless the applicant has agreed in writing to a change
in the prescribed manner of presentation of communication of the decision.
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the statute or ordinance relied upon.
[Amended 11-10-2009 by Ord. No. 04-2009]
(4)
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:
(a)
At least three copies, two of which shall be recorded in accordance with § 130-20, to the applicant.
(b)
One copy to the Township Secretary.
(c)
One copy to the Township Zoning Officer.
(d)
One copy to the Township Engineer.
(e)
One copy to the County Planning Commission.
(f)
One copy to the County Health Department.
(g)
Two copies [one of which shall be in a clear
drafting medium, such as "Mylar" (trademark)] to be retained in the
Township files, together with one copy of all supporting materials.
(h)
An electronic copy of the approved final plan that is eligible for recording, including all supporting documents, shall be provided to the Township in PDF format for archival purposes. Upon recording of the final plan, in accordance with the terms of §130-20, a scanned copy of the time-stamped title sheet or cover sheet with executed signature lines shall be provided to the Township.
[Added 6-8-2021 by Ord. No. 01-2021]
C.
Every final plan approval shall be subject to these
further conditions:
(1)
The applicant shall execute a subdivision and land development agreement in accordance with § 130-18.
(3)
The applicant shall, if requested, tender a deed of
dedication to the Township for such streets, any and all easements
for storm sewers, and improvements thereto, including street paving,
sidewalks, shade trees, storm sewers, manholes, inlets, and other
appurtenances as shall be constructed as public improvements and are
required for the promotion of public welfare, after all streets, sidewalks,
sewers, and the like are completed and such completion is certified
satisfactory by the Township Engineer. The Board of Supervisors shall
require that the applicant supply a title insurance certificate from
a reputable company before any property is accepted for the Township.
[Amended 7-12-2016 by Ord. No. 02-2016]
(4)
Whenever the applicant is providing open space as
part of the development, or has agreed to restrict the property against
further subdivision, an easement in perpetuity restricting such open
space or other portions of the tract against further subdivision or
development shall be executed between the applicant and the Township
or an organization acceptable to the Township, and shall run to the
benefit of the Township and lot purchasers in the subdivision or land
development.
(5)
Whenever the applicant is providing a fee in lieu of otherwise required open space, a note shall be placed on the final plan specifying the amount of the fee and the method to be used to secure and pay that amount, consistent with the terms of § 130-52 of this chapter.
(6)
The applicant shall have applied for 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.
The applicant shall execute an agreement, to
be approved by the Township, before the final plan is released by
the Board of Supervisors and filed on record. Said agreement shall
specify the following, where applicable:
A.
The applicant agrees that he will lay out and construct
all streets and 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 areas, trails, erosion and sedimentation
control measures, and any other improvements, in accordance with the
final plan as approved, where any or all of these improvements are
required as conditions of approval.
[Amended 9-25-2006 by Ord. No. 1-06]
B.
C.
The applicant agrees to tender a deed or deeds of
dedication to the Township for such streets and for such easements
for storm sewers, sidewalks, manholes, inlets, 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 7-12-2016 by Ord. No. 02-2016]
D.
Whenever an applicant proposes to establish or continue
a street which is not offered for dedication to public use, the Board
of Supervisors shall require the applicant to submit, and also to
record with the plan, a copy of an agreement made with the Board 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 be set forth in recorded deed restrictions
so as to be binding on all successors or assigns.
(4)
That
the deeds to those lots abutting such street shall state that, if
dedication be sought, the street shall conform to Township specifications
or that the owners of the abutting lots shall, at their own expense,
restore the street to conformance with Township specifications.
E.
Where the Board has granted final approval subject
to certain conditions that limit or prescribe the future use or design
of the property, e.g., restrictions against future subdivision, reservation
of easements, stipulations on specific points of vehicular access
from the property, the Board shall require that the terms of such
conditions be recorded as a separate document with the final plan
and/or placed directly on any future deed or deeds to the property
or applicable portions thereof.
A.
The applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including but not limited to streets, walkways, curbs, gutters, street lights, shade trees, stormwater management basins, pipes and other related drainage facilities, recreational facilities, open space improvements, trails, buffer or screen plantings and, except as provided for in § 130-19G hereof, water mains and other water supply facilities, fire hydrants, and sanitary sewage collection and disposal facilities.
[Amended 9-25-2006 by Ord. No. 1-06]
B.
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 surety bond from a financially responsible bonding company, or
such 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 deemed acceptable by the Township in terms
of being financially responsible, is authorized to conduct business
within the commonwealth, stipulates that it will submit to Pennsylvania
jurisdiction and Chester County venue in the event of legal action,
and will, at the time of giving the bond, designate its agent for
accepting service in Pennsylvania.
C.
When requested by the developer, in order to facilitate
financing, the Board of Supervisors shall furnish the developer with
a signed copy of a resolution indicating approval of the final plan
contingent upon the developer obtaining a satisfactory financial security.
The final plan shall not be signed nor recorded until the financial
improvements agreement is executed. The resolution or letter of contingent
approval shall expire and be deemed to be revoked if the financial
security agreement is not executed within 90 days, unless a written
extension is granted by the Board.
D.
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 formal action of approval or the subdivision agreement for
completion of such improvements.
E.
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, estimated as of 90 days following the date
scheduled for completion by the developer. Annually, the Township
may adjust the amount of the financial security by comparing the actual
cost of the improvements which have been completed and the estimated
cost for the 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 this section.
F.
The amount of financial security required shall be
based upon an estimate of the cost of completion for the required
improvements, submitted by an applicant or developer and prepared
by a professional engineer 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 upon an estimate, then the estimate shall be recalculated
and recertified by another professional engineer chosen mutually by
the Township and the applicant or developer. The estimate certified
by the third engineer shall be presumed fair and reasonable, and shall
be the final estimate. In the event that a third engineer is so chosen,
fees for the services of said engineer shall be paid equally by the
Township and the applicant or developer.
G.
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 procedures prescribed in this section.
H.
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 170.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
I.
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.
J.
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 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. 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 § 130-67E of this chapter.
A.
After completion of the procedures required by this
chapter, the Supervisors shall place their endorsements on the record
plan and on as many other copies of the final plan as may be desired
or required. The record plan shall be signed by at least a majority
of members of the Board of Supervisors and the Township Seal shall
be affixed to the plan. No subdivision or land development plan may
be legally recorded unless it bears Township endorsement indicated
by the signatures of at least a majority of the Township Supervisors
and the Township Seal. The record plan shall be a clear and legible
black-on-white or blue-on-white print on "Mylar" (trademark) or other
clear drafting medium acceptable to the Recorder of Deeds.
B.
After the plan has been endorsed by the Township Supervisors,
the record plan shall be submitted to the Chester County Planning
Commission for endorsement. No subdivision or land development plan
may legally be recorded unless it has been endorsed by the Chester
County Planning Commission.
[Amended 6-8-2021 by Ord. No. 01-2021]
C.
Within 90 days of approval of the final plan by the
Board of Supervisors, such plan shall be recorded by the Township
in the office of the Recorder of Deeds of Chester County.
[Amended 6-8-2021 by Ord. No. 01-2021]
A.
No construction or land disturbance activities (not
including soil or percolation testing, well drilling, or similar engineering
or surveying activities) shall be commenced until the applicant submits
to the Township Secretary a copy of the Recorder of Deeds's receipt
for recording of the final plan.
B.
No application for a building permit under Chapter 170, Zoning, shall be submitted and no building permit under Chapter 170, Zoning, shall be issued for any building in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for the said subdivision or land development have been approved and recorded as provided for and until the terms of § 130-21A hereof have been satisfied. Further, 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 permit shall be issued for construction on any such lot until this condition has been complied with.
C.
No water system shall be constructed prior to the
issuance of appropriate permits from the Pennsylvania Department of
Environmental Protection or from federal or local agencies, as required.
[Amended 7-12-2016 by Ord. No. 02-2016]
The continuing validity of any approval of plans
in accordance with this article shall be subject to those limitations
established by Section 508(4) of Act 170.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
Major modifications of the approved plan, as
determined by the Township, shall be resubmitted and reprocessed in
the same manner as the original plan. All site disturbance activities
shall cease pending approval of modified plans.
For any replatting or resubdivision of land,
the same procedure, rules and regulations shall apply as prescribed
herein for an original subdivision except that lot sizes may be varied
on an approved plan after recording, provided that:
A.
No lot or tract of land shall be created or sold that
is smaller than the minimum size permitted by the Township zoning
ordinance then in effect;
B.
Drainage easements or rights-of-way shall not be changed;
C.
Street alignment and block sizes shall not be changed;
D.
The property lines between the backs of the lots shall
not be changed;
E.
No lot can be created that does not abut a street.
In the case of the proposed subdivision of land
by process of auction sale, the following procedure may be used by
the subdivider: The subdivider shall prepare and submit a sketch and
preliminary plans in accordance with this chapter. The preliminary
plans shall comply with the requirements of this chapter and, in addition,
contain the following notation: "This property is intended to be sold
by auction on or about the _____ day of ________, A.D. 20_____, in
whole or in part according to this plan." Sale of lots at such auction
shall be in the form of agreement to purchase and no actual transfer
of ownership or interest in such lots shall proceed until a final
plan showing such division of property shall have been approved by
the Township Supervisors, in accordance with its regulations and recorded
in the office of the Recorder of Deeds in and for Chester County,
Pennsylvania. The auction may then proceed in accordance with the
above notation, after which the subdivider shall prepare and submit
a final plan in accordance with this chapter.
