Township of Tredyffrin, PA
Chester County
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Table of Contents
Table of Contents
Final authority for approval or denial of approval for all preliminary and final subdivision 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/to 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 major or minor:
(1) 
Major: any subdivision other than a minor subdivision.
(2) 
Minor: any subdivision in which all of the following criteria are met:
(a) 
No street is to be constructed or widened.
(b) 
No other public improvement is to be constructed which is intended to be dedicated to the Township, the state or to common use in a common development.
(c) 
No land disturbance activities will take place except those incidental to construction of a single-family dwelling on each lot.
(d) 
No more than five 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 the discretion of the Planning Commission, seek approval according to the following procedures:
(1) 
A sketch plan may be submitted and reviewed in accordance with §§ 181-10 and 181-11 of this chapter; the requirements and procedures of §§ 181-12 and 181-13 regarding preliminary plans shall be waived, except that written comments on the sketch plan shall be presented by the Planning Commission to the applicant within the time period specified in § 181-13B(3) of this chapter.
(2) 
A final plan shall be submitted and reviewed in accordance with the applicable provisions of §§ 181-14 and 181-15. As part of the final plan review process, copies shall be sent to the relevant county agencies applicable to preliminary plans in § 181-12D of this chapter.
A. 
Any applicant for subdivision may submit a sketch plan to the Township Planning Commission for review prior to submission of a formal application. Submission of a sketch plan does not constitute a formal subdivision application.
B. 
Sufficient copies of the sketch plan shall be submitted to the Zoning Officer for distribution to the Planning Commission and Township Engineer prior to the Planning Commission meeting at which the sketch plan is to be discussed.
C. 
The applicant shall consult the provisions of this chapter and other Township ordinances related to environmental conservation or erosion, sedimentation and stormwater control, prior to submission of the sketch plan, in order to ensure that the proposed subdivision will be compatible with these requirements.
A. 
If a sketch plan has been submitted, the Planning Commission shall, at a meeting with the applicant, consider the suitability of the sketch plan for the subdivision of the land and its relationship to the harmonious extension of streets and utilities, arrangement and density of development and compatibility of the plan with the Comprehensive Plan for the Township. Based on this meeting, the Planning Commission may submit its written comments to the applicant and to the Board of Supervisors; provided, however, that the failure of the Planning Commission to submit comments in writing shall not be deemed to be an approval of any 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 of Supervisors. If further review is requested, the Board may consider the sketch plan, may consider the comments of the Planning Commission, may meet the applicant 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 subsequent 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 and as shall be in effect and applicable to the submission at the time such submission is initiated. All applications shall be on the form promulgated by the Township for the submission of subdivision plans.
B. 
Supporting plans. Applications for preliminary subdivision approval shall be accompanied by a preliminary subdivision plat and the following supplemental plans:
(1) 
Improvement Construction Plan.
(2) 
Natural Features Conservation Plan.
(3) 
Erosion, Sedimentation and Stormwater Control Plan.
(4) 
Professional Traffic Survey and Plan, when required by § 181-36C(1) of this chapter.
C. 
Official submission of a preliminary plan to the Zoning Officer shall consist of:
(1) 
One copy of the application for review of preliminary subdivision plan on the forms promulgated by the Township and the Chester County Planning Commission for this purpose.
(2) 
A sufficient member of copies (as specified on the application form) of the preliminary plan and all supporting plans as listed herein and information to enable proper distribution and review, as required by the Board.
(3) 
Evidence of the submittal to, review by and, if appropriate, approval by all individuals or agencies whose review and/or of such plans is required.
(4) 
Payment of application fees and deposit of escrow for plan review cost.
D. 
Submission shall be made to the Zoning Officer. The Zoning Officer shall note the date of receipt of the submission. The submission shall not be deemed to be complete until all application forms, all preliminary subdivision plans and all required supporting plans and all required individual or agency reviews and/or approvals have been submitted to the Zoning Officer and application fees have been paid. The Zoning Officer shall make a preliminary review of the submission. If the Zoning Officer determines that the submission is defective or incomplete on its face, he shall notify the applicant, who may request the return of all submissions for the purpose of correction and resubmission. A request for the return of all submissions shall be in writing and shall be deemed to be a withdrawal of the application.
E. 
Upon receipt of a complete submission the Zoning Officer shall transmit the requisite number of copies of the plans and other required materials to the Planning Commission, the Township Engineer and to the following (any costs for review shall be paid by the applicant):
(1) 
Chester County Planning Commission.
(2) 
Chester County Health Department 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, if required by law for review of matters relating to drainage and abatement of soil erosion.
(4) 
Governing body of any adjacent municipality, if the proposed subdivision includes land in that municipality or directly abuts its boundaries or if the proposed subdivision could, in the judgment of the Zoning Officer, unusually affect such adjacent municipality.
(5) 
Township or regional environmental advisory group(s).
(6) 
Such additional persons or agencies as may be required by Township regulations.
F. 
The Zoning Officer shall schedule a date for presentation of the preliminary plan by the applicant at the next public meeting of the Planning Commission and notify the applicant of date thereof.
A. 
Township Planning Commission.
(1) 
After presentation of preliminary plans by the applicant at a public meeting, the Planning Commission shall review such plans and shall consider any recommendations made by any county agency, the Township Engineer and any other person, organization or agency who shall have submitted comments with respect to any such application.
(2) 
After such review, action shall be taken at a public meeting. The Zoning Officer 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:
(a) 
Board of Supervisors.
(b) 
Applicant.
(c) 
Governing body of any adjacent municipality, if a preliminary plan has been sent to such municipality under § 181-12E(4).
B. 
Board of Supervisors.
(1) 
When a written report on a preliminary plan has been officially submitted to the Board of Supervisors by the Planning Commission, such plan shall be placed on the agenda of the Board of Supervisors for review and action at a public meeting.
(2) 
In acting on the preliminary subdivision 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 chapter 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 § 181-13B(5).
(3) 
For the purposes of Section 508 of Act 247,[1] the Township Planning Commission is the body which first reviews any application. All applications for preliminary approval of a plan shall be acted upon by the Board of Supervisors and communicated to the application within 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 next regular meeting of the Planning Commission occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the day the application is filed.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(4) 
The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to the applicant not later than 15 days following the decision or by the end of said ninety-day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of Act 247, Section 508.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(5) 
Whenever the approval of a preliminary plan is subject to conditions, the written action of the Board as prescribed herein shall specify each condition of approval, citing relevant ordinance provisions in each case, and require the applicant's written agreement to the conditions. Where the applicant's written concurrence is not received within the time prescribed, the application shall be deemed to have been denied by the Board.
A. 
The final plan shall conform to the terms of approval of the preliminary plan and to the administrative regulations adopted by the Board effective at the date of submission.
B. 
The Board may permit submission of the final plan in sections, pursuant to the terms of Section 508(4)(v) of Act 247.[1][2]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Supporting plans. Applications for final subdivision approval shall be accompanied by a final subdivision plat and the following supplemental plans:
(1) 
Improvement Construction Plan.
(2) 
Natural Features Conservation Plan.
(3) 
Erosion, Sedimentation and Stormwater Control Plan.
(4) 
Professional Traffic Survey and Plan, when required by § 181-36C of this chapter.
D. 
Official submission of a final plan shall be made to the Zoning Officer and shall consist of:
(1) 
One copy of the application for review of final subdivision plan on the forms promulgated by the Township and the Chester County Planning Commission 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) 
Evidence of the submittal to, review by and, if appropriate, approval by all individuals or agencies whose review and/or approval of such plans is required.
(4) 
Payment of required fees and required deposit of escrow for plan review cost.
E. 
Submission shall be made to the Zoning Officer. The Zoning Officer shall note the date of receipt of the submission. The submission shall not be deemed to be complete until all application forms, all preliminary subdivision plans and all required supporting plans and all required individual or agency reviews and/or approvals have been submitted to the Zoning Officer and all application fees have been paid. The Zoning Officer shall make a preliminary review of the submission. If the Zoning Officer determines that the submission is defective or incomplete on its face, he shall notify the applicant, who may request the return of all submissions for the purpose of correction and resubmission. A request for the return of all submissions shall be in writing and shall be deemed to be a withdrawal of the application.
F. 
Upon receipt of a complete submission, the Zoning Officer shall transmit the requisite number of copies of the plans and other required materials to the Planning Commission, the Township Engineer and to such additional persons or agencies as the Board of Supervisors shall determine.
G. 
The Zoning Officer shall schedule a date for presentation of the final plans by the applicant at the next open public meeting of the Planning Commission and notify the applicant of the date thereof.
H. 
Where the final plan is for a minor subdivision, the requisite number of copies shall be submitted to the County Planning Commission and other applicable agencies for their review as would be required of a preliminary plan pursuant to § 181-12E above.
A. 
Township Planning Commission.
(1) 
After presentation of a final plan by the applicant at a public meeting, the Planning Commission shall review such final plan submitted and shall consider any recommendations of the Township Engineer and any other reviewing agency submitting comments.
(2) 
After such review, action on such plan shall be taken at a public meeting. The Zoning Officer 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:
(a) 
Board of Supervisors.
(b) 
Applicant.
(c) 
Governing body of any adjacent municipality, if the proposed project includes land in that municipality or directly abuts its boundaries.
B. 
Board of Supervisors.
(1) 
When a written report on a final plan has been officially submitted to the Board of Supervisor 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. Notwithstanding the foregoing 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 next regular meeting occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the day the application has been filed.
(3) 
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 by the end of the ninety-day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of Act 247, Section 508.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(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) 
One copy to the applicant.
(b) 
One copy to the Zoning Officer.
(c) 
One copy to the County Planning Commission.
(d) 
One copy to the County Health Department.
(e) 
Three copies to the County Recorder of Deeds for recording.
(f) 
Two copies (one of which shall be on drafting film) to be retained in the Township files, together with one copy of all supporting materials.
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 Article VII hereof.
(2) 
The applicant shall provide a performance guaranty in accordance with Article VII hereof.
(3) 
The applicant shall, if requested, tender a deed of dedication to the Township for such streets, any and all easements for sanitary sewers, waterlines 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, after all streets, sidewalks, sewers and the like are completed and such completion is certified as satisfactory by the Township Engineer. Such deed shall be in form and substance satisfactory to the Board and Township Solicitor. 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 applicant is providing open space as part of the development, an easement in perpetuity restricting such open space against further subdivision development shall be executed between the applicant and the Township or an organization acceptable to the Township and shall accrue to the benefit of the Township, lot purchasers in the subdivision and such other persons or organizations as the Board may deem appropriate.
(5) 
The applicant shall have applied for and received all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision such as Pennsylvania Departments of Transportation and Environmental Protection, Public Utility Commission and Chester County Health Department.
Within 90 days of the applicant's execution of the subdivision and land development agreement and performance guaranty, as provided in §§ 181-31 and 181-32, the final plan shall be recorded by the Township in the office of the Recorder of Deeds of Chester County.
No construction or land disturbance activities (not including soil testing, percolation testing, well drilling or similar testing, engineering or surveying activities) shall be commenced until the final plan has been recorded with the Recorder of Deeds of Chester County and until the requisite subdivision and land development agreements and performance guaranties have been accepted by the Board of Supervisors.
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 247, the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Material modifications of the approved plan, as determined by the Zoning Officer, shall be resubmitted and reprocessed in the same manner as the original plan. All site disturbance and construction activities shall cease pending approval of modified plans.