Hereafter, all preliminary and final subdivision
plans or land development plans shall be referred to and reviewed
by the Township Planning Commission and the County Planning Commissions.
Said plans shall be approved or disapproved by the Board of Supervisors
in accordance with the procedure specified in this article and in
other sections of this chapter. Any approval not processed as required
hereafter shall be null and void unless it was made prior to the adoption
of these regulations.
All subdivision applications shall be classified
for the purposes of procedure, as either minor or major. Applicants
shall apply for and secure approval in accordance with the following
procedures:
A.
Minor subdivision proposal.
(1)
Definition.
(a)
No public improvement intended to be dedicated
to the Township is to be constructed;
(b)
No street, public or private, is to be constructed,
improved or widened;
(c)
No land disturbance activities will take place
except those incidental to construction of a single-family dwelling
on a single lot;
(d)
No more than five lots are proposed;
(e)
No further subdivision can occur within the
resulting lots; or
(f)
Lot line adjustments where no development is
proposed.
B.
Major subdivision or land development proposal.
(1)
Definition.
(a)
Any land development application;
(b)
Any proposal involving public improvements intended
to be dedicated to the Township;
(c)
Any proposal involving the construction, improvement
or widening of a street, whether public or private;
(d)
Land disturbance activities requiring permanent
storm water management facilities; and
(e)
A subdivision in excess of five lots.
A.
All applicants for subdivision or land development
are strongly encouraged to submit sketch plans to both the Township
Planning Commission and Board of Supervisors for review prior to submissions
of a formal application. Submission of a sketch plan does not constitute
an official application for subdivision or land development.
[Amended 9-5-1996 by Ord. No. 96-02]
B.
For information purposes, 12 copies of the sketch
plan shall be submitted to the Township for review by the Planning
Commission and Board of Supervisors. Where feasible, the sketch plan
also shall be submitted to the Township electronically in a mutually
agreed-upon format, preferably AutoCAD (.dwg or .dxf format, and consistent
with Township and Chester County GIS data standards, including coordinates
referenced to NAD83 Pennsylvania State Plane feet.
[Amended 9-5-1996 by Ord. No. 96-02; 8-23-2001 by Ord. No.
01-01; 4-18-2002 by Ord. No. 02-02]
C.
No fee nor application is required for submission
of a sketch plan.
D.
Upon review of a sketch plan by the Township Planning
Commission, it is strongly encouraged that a sketch plan be submitted
to the Board of Supervisors for its review during the Board's next
public meeting immediately following the Planning Commission meeting.
[Added 9-5-1996 by Ord. No. 96-02]
E.
Preapplication meeting. A preapplication meeting is encouraged between representatives of the applicant, the site designer, the Township Manager, the Planning Commission (and/or its planning consultant), and the Board of Supervisors to introduce the applicant to the municipality's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings and plan submissions as described below. At this meeting, applicants are also strongly encouraged to present the site analysis, as required in accordance with § 167-26, to the maximum extent that information is available at the time of sketch plan submission.
[Added 8-23-2001 by Ord. No. 01-01;
amended 4-18-2002 by Ord. No. 02-02]
F.
Site inspection. The applicant shall arrange for a site inspection of the subject property by the Planning Commission and other municipal officials and shall distribute copies of the site analysis, as required in accordance with § 167-26, to the maximum extent that information is available at the time of said site inspection. Applicants, their site designers, and the landowner are encouraged to accompany the Planning Commission. The purpose of the site inspection is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated open space lands (if applicable), and potential locations for proposed buildings and street alignments. Comments made by municipal officials or their staff and consultants shall be interpreted as being only suggestive. 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.
[Added 8-23-2001 by Ord. No. 01-01;
amended 4-18-2002 by Ord. No. 02-02]
A.
The Planning Commission shall consider the sketch
plan at a regularly scheduled meeting and provide informal dialogue
with the applicant. The applicant shall inform the Township of his
interest in a sketch plan review in order to be placed on the agenda
of the Planning Commission.
B.
The Planning Commission shall consider the suitability
of the sketch plan for the development of the land and its relationship
to the extension of streets, access points, arrangement and density
of proposed use, the compatibility of the proposal with the objectives
and recommendations of the Township Comprehensive Plan[1] and consistency with Chapter 200, Zoning, of the Code of the Township of West Brandywine.
C.
The applicant may, but need not, request further review
of the sketch plan by the Board. Upon receiving written request by
the applicant, the Board may consider the sketch plan. The Board may
meet with the applicant and may advise the applicant as to the concerns
of the Board, 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 plan.
A.
All preliminary plans submitted pursuant to this chapter shall conform to the requirements of § 167-23.
B.
It is strongly encouraged that a preliminary plan
application, including all materials and documentation required in
accordance with this chapter, be submitted to the Township Manager
at least 21 days prior to the date of the next regularly scheduled
Planning Commission meeting at which official review is requested
to ensure that the Township Engineer has sufficient time to complete
a review prior to the Planning Commission meeting. If the Township
Manager does not deem the application to be complete, or if the preliminary
plan application is submitted less than 21 days before the Planning
Commission meeting, the application may not formally be placed on
the agenda of the next regularly scheduled meeting of the Planning
Commission but may be discussed informally at such meeting. In determining
whether any application represents a complete and official submission,
the Township Manager shall consider the following criteria:
[Amended 9-5-1996 by Ord. No. 96-02; 8-23-2001 by Ord. No.
01-01; 4-18-2002 by Ord. No. 02-02; 10-5-2023 by Ord. No. 2023-04]
(1)
Three copies of the official Township application
for preliminary review form, one being notarized by an affidavit of
ownership and intended use of the land;
(2)
A minimum of 17 prints of the preliminary plan;
(3)
A minimum of 12 copies of all supporting information
and plans;
(4)
Payment of required application fees and escrow deposits
as determined by resolution of the Board; and
(5)
The preliminary plan also shall be submitted to the
Township electronically in a mutually agreed upon format, preferably
AutoCAD (.dwg or .dxf) format, and consistent with Township and Chester
County GIS data standards, including coordinates referenced to NAD83
Pennsylvania State Plane feet.
C.
The Township Subdivision Official shall note the date
of receipt of the application, fees and any escrow deposits. The application
shall not be deemed to be submitted until a complete application and
required fees have been submitted.
D.
Upon receipt of all items comprising a complete and
official submission, the Subdivision Official shall accept the application
and transmit such plans to the following:
(1)
Twelve copies of the preliminary plan and official
Township application form to the Township Planning Commission, Board
of Supervisors and Township Manager.
[Amended 9-5-1996 by Ord. No. 96-02]
(2)
One copy of the preliminary plan and official Township
application form to the Township Engineer;
(3)
One copy of the preliminary plan, County referral
form and accompanying fee to the County Planning Commission;
(4)
Two copies of the preliminary plan, module forms and
appropriate fee to the County Health Department; and
(5)
One copy of the preliminary plan to the Chester County
Conservation District for review of matters relating to drainage and
soil erosion management.
[Amended 9-5-1996 by Ord. No. 96-02]
E.
Preapplication meeting. Unless already undertaken at sketch plan level, a preapplication meeting is encouraged between representatives of the applicant, the site designer, the Planning Commission (and/or its planning consultant), and the Board of Supervisors to introduce the applicant to the municipality's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings and plan submissions. At this meeting, the applicant also is strongly encouraged to present the site analysis, as required in accordance with § 167-26.
[Added 8-23-2001 by Ord. No. 01-01;
amended 4-18-2002 by Ord. No. 02-02]
F.
Site inspection. After preparing the site analysis as required in accordance with § 167-26, and if not already undertaken at sketch plan level, the applicant shall arrange for a site inspection of the property by the Planning Commission and other municipal officials and shall distribute copies of said site analysis plan at that on-site meeting. The applicant, site designer, and landowner are encouraged to accompany the Planning Commission. The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated open space lands (if applicable), and potential locations for proposed buildings and street alignments. Comments made by municipal officials or their staff and consultants shall be interpreted as being only suggestive. 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.
[Added 8-23-2001 by Ord. No. 01-01;
amended 4-18-2002 by Ord. No. 02-02]
A.
Official review period.
(1)
The Township shall have 90 days in which to review
and take action on the preliminary plan.
(2)
The official ninety-day period shall commence on the
date of the next regularly scheduled Planning Commission meeting following
the date a complete and official submission of a preliminary plan
application was filed, provided that should the said next regular
meeting occur more than 30 days following the filing of the application
or the final order of the court, the said ninety-day period shall
be measured from the 30th day following the day the application has
been filed.
[Amended 8-23-2001 by Ord. No. 01-01; 4-18-2002 by Ord. No.
02-02; 10-5-2023 by Ord. No. 2023-04]
(3)
Whenever the next regularly scheduled meeting of the
Planning Commission occurs more than 30 days following the filing
of a complete and official submission, the said ninety-day period
shall be measured from the 30th day following the day the application
is filed.
(4)
An extension to the ninety-day review period shall
occur only when agreed to in writing by both the applicant and the
Board.
B.
Township Planning Commission.
(1)
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
agencies who shall have submitted comments with respect to any such
application.
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the action of the Planning Commission
and the reasons therefor, citing specific sections of the ordinance
relied upon, to the following:
C.
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 its review at its next regularly
scheduled meeting.
(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, 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 § 167-13C(5).
(3)
The Board of Supervisors shall designate a copy of
the preliminary plan as the official copy. This copy shall include
all necessary corrections as required by the Board of Supervisors.
It shall be retained in the Township files.
(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.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(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 allotted, the Board shall be deemed to have
denied approval.
A.
Within 12 months after approval of the preliminary
plan, a final plan and all necessary supplementary data shall be officially
submitted to the Subdivision Official. An extension of time may be
granted by the Board where the applicant has successfully demonstrated
every effort has been made to comply with this requirement.
B.
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 for such purposes.
C.
The Board of Supervisors may permit submission of
the final plan in sections, each covering a reasonable portion of
the entire proposed subdivision as shown on the approved preliminary
plan, but in no case shall include less than 20% of the total lots
or units as depicted on the approved preliminary plan.
D.
All final plan applications shall be submitted to
the Township Subdivision Official. The Township Subdivision Official
shall determine whether the application represents a complete and
official submission using the following criteria:
(1)
Three copies of the official Township application
for final review form; one being notarized by an affidavit of ownership
and intended use of the land;
(2)
A minimum of 17 prints of the final plan;
[Amended 9-5-1996 by Ord. No. 96-02]
(3)
A minimum of 12 copies of all supporting information
and plans; and
[Amended 9-5-1996 by Ord. No. 96-02]
(4)
Payment of required application fees and escrow deposits
as determined by resolution of the Board.
(5)
The final plan also shall be submitted to the Township
electronically in a mutually agreed upon format, preferably AutoCAD
(.dwg or .dxf) format, and consistent with Township and Chester County
GIS data standards, including coordinates referenced to NAD83 Pennsylvania
State Plane feet.
[Added 8-23-2001 by Ord. No. 01-01;
amended 4-18-2002 by Ord. No. 02-02]
E.
The Township Subdivision Official shall note the date
of receipt of the application, fees and any escrow deposits. The application
shall not be deemed to be submitted until a complete application and
required fees have been submitted.
F.
Upon receipt of all items comprising a complete and
official submissions, the Subdivision Official shall accept the application
and transmit such applications to the following:
(1)
Twelve copies of the final plan to the Township Planning
Commission, Board of Supervisors and Township Manager.
[Amended 9-5-1996 by Ord. No. 96-02]
(2)
One copy to the Township Engineer;
(3)
One copy to the County Planning Commission, with County Referral Form and accompanying fee;
(4)
Two copies to the County Health Department, with module
forms and appropriate fee; and
(5)
One copy to the County Conservation District.
[Amended 9-5-1996 by Ord. No. 96-02]
G.
Where the final plan is for minor subdivision, the
subdivision official shall forward copies of the plan to the Township
Planning Commission and County Planning Commission, and the Township
Engineer when deemed appropriate by the Board and the Planning Commission.
A.
Official review period.
(1)
The Township shall have 90 days in which to review
and take action on the preliminary plan.
(2)
The ninety-day period shall commence on the date of
the next regularly scheduled Planning Commission meeting following
the date a complete and official submission of a preliminary plan
application was filed.
(3)
Whenever the next regularly scheduled meeting of the
Planning Commission occurs more than 30 days following the filing
of a complete and official submission, the said ninety-day period
shall be measured from the 30th day following the day the application
is filed.
(4)
An extension to the ninety-day review period shall
occur only when agreed to in writing by both the applicant and the
Board.
B.
Township Planning Commission.
(1)
The Planning Commission shall review the final plan
submitted and shall consider any recommendations of the Township Engineer,
and any other reviewing agency submitting comments.
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the action of Planning Commission and
the reasons therefor, citing specific sections of statutes or ordinances
relied upon, to the Board of Supervisors, the applicant, and the governing
body of any adjacent municipality if the proposed project includes
land in that municipality or directly on its boundaries.
C.
Board of Supervisors.
(1)
When a written report on a final plan has been officially
returned to the Board of Supervisors by the Planning Commission, such
plan shall be placed on the agenda of the regularly scheduled meeting
of the Board 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 said next regular
meeting occur more than 30 days following the filing of the application,
the said ninety-day period shall be measured from the 30th day following
the day the application has been filed.
(3)
The Board of Supervisors shall designate one print
of the final plan as the official copy. This copy shall include all
corrections required by the Board of Supervisors. It shall be retained
in the Township files.
(4)
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 said ninety-day period, whichever shall first
occur.
(5)
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:
D.
Every final plan approval shall be subject to the
following conditions:
(1)
The applicant shall execute a subdivision and land development agreement in accordance with § 167-18, agreeing with the Township to install all the improvements as required by this chapter and all regulations adopted pursuant hereto.
(3)
The applicant agrees, if requested, to tender a deed
of dedication to the Township for such streets, any and all easements
for sanitary sewers, water lines, or storm sewers, and public improvements
including street paving, sidewalks, shade trees, water mains, any
fire hydrants, sanitary and storm sewers, as are required for the
promotion of public welfare, after all said improvements are completed
and such completion is certified as satisfactory by the Township Engineer.
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 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)
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 County Health Department.
A.
Upon completion of the procedures outlined under this
article, all endorsements shall be indicated on the record plan and
on as many other copies of the final plan as may be desired. No subdivision
plan may be legally recorded unless it bears the Seal of the Township.
B.
After endorsement by the Township, the subdivider
shall file the record plan with the County Recorder of Deeds within
90 days of the date of final approval by the Township. If the subdivider
fails to record the final plan within such period, the action of the
Township shall be null and void, unless an extension of time is granted
in writing by the Township upon written request by the applicant.
A.
All applications for resubdivision shall be classified as minor subdivision proposals, and shall follow the final plan review procedures outlined under § 167-15.
B.
All resubdivision plan applications shall be submitted
to the Township Subdivision Official. The Township Subdivision Official
shall determine whether the application represents a complete and
official submission using the following criteria:
C.
In making any alterations, the following shall be
observed:
(1)
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 200, Zoning;
(2)
Easements reserved for drainage shall not be changed;
(3)
No lot shall be created which does not abut a street;
and
(4)
The character of the area shall be maintained.
The applicant shall execute an agreement, to
be approved by the Township, pending the review of the Township Solicitor,
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 agreed that he will lay out and construct
all streets and other public improvements, including grading, paving,
sidewalks, fire hydrants, water mains, street signs, shade trees,
storm and sanitary sewers, landscaping, traffic control devices, open
space areas, and erosion and sediment control measures in accordance
with the final plan as approved, where any or all of these improvements
are required as conditions of approval.
B.
The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in § 167-19B of this chapter.
C.
The applicant agrees to have prepared a deed(s) of
dedication to the Township for such streets and for such easements
for sanitary and storm sewers, sidewalks, and other public improvements,
provided that the Township shall not accept dedication of such improvements
until their completion is certified as satisfactory to the Township
Engineer.
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;
and
(4)
That, if dedication is to be sought, the street shall
conform to Township specifications or that the owners of the abutting
lots shall, at their own expense, restore the streets to conformance
with Township specifications.
A.
The applicant shall deposit with the Township financial
security in an amount sufficient to cover the cost of all improvements,
both public and private, and common amenities, including but not limited
to streets, walkways, shade trees, stormwater detection and/or retention
facilities, pipes and other related drainage facilities, recreational
facilities, open space improvements, buffer or screen plantings and,
water mains and other water supply facilities, fire hydrants, and
sanitary sewage disposal facilities.
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 with a financially responsible bonding company, or such other 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 authorized to conduct business within the Commonwealth
and stipulates that it will submit to Pennsylvania jurisdiction and
Chester County venue in the event of legal action.
C.
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 within one year of the date
fixed in the subdivision plan and subdivision agreement for completion
of such improvements.
D.
The amount of financial security shall be equal to
110% of the cost of the required improvements for which financial
security is to be posted. The cost of the improvements shall be established
by:
(1)
Submission to the Board of Supervisors of bona fide
bid or bids from the contractor or contractors chosen by the party
posting the financial security to complete the improvements; or
(2)
In the absence of such bona fide bids, the costs shall
be established by estimate prepared by the Township Engineer.
E.
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 above bidding procedure.
F.
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.
G.
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.
A.
No construction or land disturbance activities, with
the exception of soil or percolation testing, well drillings, or similar
engineering or surveying activities, shall be commenced until the
applicant submits to the Township Secretary, a copy of the Recorder
of Deeds' receipt for recording of the final plan.
B.
No application for a building permit under Chapter 200, Zoning, shall be submitted and no building permit under Chapter 200, Zoning, shall be issued for any building in any subdivision or land development until the final plans for the said subdivision or land development has been approved and recorded as provided for and until the terms of § 167-20A 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 or 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.
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.
