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.
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.
C.
Supporting plans. Applications for final subdivision
approval shall be accompanied by a final subdivision plat and the
following supplemental plans:
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.
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:
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.
(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.
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.
