Authority for approval or denial of approval
for all preliminary and final land development plans shall be vested
in the Planning Commission.
Any land development, as defined in § 181-6 hereof, which does not involve a subdivision shall be subject to all procedures specified in this article.
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 land development plans.
B.
Supporting plans. Applications for preliminary land
development approval shall be accompanied by a preliminary land development
or site plan 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.
(5)
Landscaping Plan, either separately or included on
the site plan.
(6)
Lighting Plan, either separately or included on the
site plan.
(7)
Architectural Building Plans and renderings of all
elevations.
C.
Official submission of a preliminary plan to the Zoning
Officer shall consist of:
(1)
One copy of the application for review of preliminary
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.
(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 application fees and deposit or 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
application shall not be deemed to be complete until all application
forms 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.
E.
Copies and presentation.
(1)
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 the following (any costs for such review shall be paid
by the applicant):
(a)
Chester County Planning Commission.
(b)
Chester County Health Department for review
of matters relating to adequacy of the site to sustain on-site water
and/or sewage disposal system.
(c)
Chester County Soil and Water Conservation District,
if required for review of matters relating to drainage and abatement
of soil erosion.
(d)
Governing body of any adjacent municipality,
if the proposed land development includes land in that municipality
or directly abuts its boundaries or if the proposed land development
could, in the judgment of the Zoning Officer, unusually affect such
adjacent municipality.
(e)
Township or regional environmental advisory
group(s).
(f)
Such additional persons or agencies as may be
required by Township regulations.
(2)
The Zoning Officer also shall schedule a date for
presentation of properly completed preliminary plans by the applicant
at the next public meeting of the Planning Commission and notify the
applicant of the date thereof.
A.
After presentation of the preliminary plan by the
applicant at a public meeting, the Planning Commission shall review
such plans to determine conformity of the application and plans to
the standards of this chapter and other applicable ordinances and
shall consider any recommendations made by any county agency, the
Township Engineer, any other person or entity who shall have submitted
comments with respect to any such application and comments from public
hearings.
B.
In its decision on the preliminary plan, the Planning
Commission may specify conditions, changes, modifications or additions
to the application which the Commission deems necessary and may make
a decision to grant preliminary approval subject to such conditions,
changes, modifications or additions, citing appropriate ordinance
provisions.
C.
All applications for preliminary plan approval shall
be acted upon at a public meeting by the Planning Commission and communicated
to the applicant 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.
D.
The decision of the Planning Commission 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 the applicable
requirements of Act 247, Section 508.[1] Copies of the decision shall be sent also to the Board
of Supervisors, the Chester County Planning Commission and the governing
body of any adjacent municipality if the proposed plan includes land
in that municipality or directly abuts its boundary.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
E.
Whenever the approval of a preliminary plan is subject
to conditions, the written action of the Planning Commission 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 Planning Commission 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 and effective at the date of submission.
C.
Supporting plans. Applications for final land development
approval shall be accompanied by a final land development or site
plan 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.
(5)
Landscaping Plan, either separately or included on
the site plan.
(6)
Lighting Plan, either separately or included on the
site plan.
(7)
Architectural Building Plans and renderings of all
elevations.
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 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)
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
application shall not be deemed to be complete until all application
forms, 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 application, 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 such additional persons or agencies as the Board of Supervisors
determine.
G.
The Zoning Officer also shall schedule a date for
presentation of final plans by the applicant at the next public meeting
of the Planning Commission and notify the applicant of the date thereof.
A.
After presentation of the preliminary plan by the
applicant at a public meeting, the Planning Commission shall review
such plans to determine conformity of the application and plans to
the standards of this chapter and any other applicable ordinance and
shall consider any recommendations made by any county agencies, the
Township Engineer, any other persons, agency or entity who shall have
submitted comments with respect to any such application and comments
from public hearings.
B.
The Planning Commission 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. Not withstanding the foregoing procedure, the Planning Commission
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.
C.
The decision of the Planning Commission 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.
D.
Copies of the final plan as finally approved, with
the appropriate endorsement of the Planning Commission and the Township
Engineer, shall be distributed as follows:
(1)
One copy to the Zoning Officer.
(2)
One copy to the County Planning Commission.
(3)
One copy to the County Health Department.
(4)
Three copies to the County Recorder of Deeds if recommendation
is required by the Planning Commission.
(5)
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.
(6)
One copy returned to the applicant.
E.
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)
Pursuant to Article X of this chapter, 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 by the Township.
(4)
Whenever the applicant is providing open space as
part of the development, the open space shall be restricted against
further subdivision or development and shall be either deeded to the
Township or an organization acceptable to the Township or an easement
in perpetuity restricting such further subdivision or development
shall be executed between the applicant and the Township or an organization
acceptable to the Township (although, in certain cases, both a deed
and an easement may be required with respect to a particular open
space). The rights and privileges accorded by such deed or easements
shall accrue to the benefit of the Township and the general public,
owners and lessees in the land, an organization acceptable to the
Township or any or all of the above.
(5)
The applicant shall have applied for and received
all required permits from agencies having jurisdiction over ancillary
matters necessary to effect the land development, such as Pennsylvania
Departments of Transportation and Environmental Protection, Public
Utility Commission and Chester County Health Department.
A.
The Planning Commission, at its discretion, may require
that the final land development plan be recorded in the office of
the Recorder of Deeds of Chester County.
A.
No construction or land disturbance activities (not
including soil testing, percolation testing, well drilling or similar
engineering or surveying activities) shall be commenced until the
final plan, if required, 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.
B.
No application for a building permit under the Township
Zoning Ordinance shall be submitted and no building permit under the
Township Zoning Ordinance 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
subdivision or land development have been approved and recorded as
provided for and until the terms of this section have been satisfied
and until the requisite subdivision and land development agreements
and performance guaranties have been accepted by the Board of Supervisors.
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 or sewer system, including extensions
to existing or proposed Township systems or new systems employing
sewage treatment plants, 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.
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.[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.
