Township of Upper Uwchlan, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 162-6 General provisions.

A. 
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 Commission. Said plans shall be approved or disapproved by the Board of Supervisors in accordance with the procedures 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.
B. 
Where literal application of plan processing procedures established by this chapter would create undue hardship or be plainly unreasonable in its opinion, the Planning Commission may recommend in writing to the Supervisors such reasonable exceptions as will not be contrary to the public interest.

§ 162-7 Plan classification.

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.
(2) 
Procedure.
(a) 
Sketch plan (optional);
(b) 
Final plan.
B. 
Major subdivision or land development proposal.
(1) 
Definition.
(a) 
Any land development application;
(b) 
Any proposal involving public improvements, either privately owned or 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 stormwater management facilities; and
(e) 
A subdivision in excess of five lots.
(2) 
Procedure.
(a) 
Sketch plan (optional);
(b) 
Preliminary plan;
(c) 
Final plan.
C. 
In the case where a subdivision or land development does not propose the development of the entire parcel, a sketch plan indicating how the remainder of the tract will be used in the future shall be required.

§ 162-8 Plan processing procedures.

A. 
Sketch plan submission and review.
[Amended 12-15-2003 by Ord. No. 03-06]
(1) 
Submission.
(a) 
All applicants for subdivision or land development are strongly encouraged to submit a sketch plan to the Township Planning Commission for review prior to submission of a formal application. Submission of a sketch plan and accompanying documents (collectively referred to as the "sketch plan") does not constitute an official application for subdivision or land development.
(b) 
The sketch plan and accompanying documents shall be submitted to the Township Secretary in accordance with the submittal requirements established at the end of § 162-9 of this chapter.
(c) 
All applicants shall pay the required application fee as determined by resolution of the Board.
(d) 
All applicants submitting a sketch plan are also required to include a site analysis and impact plan, prepared in accordance with § 162-9D, and provided in accordance with the submittal requirements established at the end of § 162-9 of this chapter.
(e) 
The Planning Commission may elect to have the sketch plan reviewed by any of the Township's consultants.
(2) 
Review.
(a) 
The Planning Commission shall consider the sketch plan at a regularly scheduled meeting and the applicant or designated representative must be present to provide informal dialogue with 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 and consistency with Chapter 200, Zoning.
(c) 
The applicant may, but need not, require further review of the sketch plan by the Board of Supervisors. 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.
B. 
Preliminary plan submission and review.
(1) 
Submission.
[Amended 12-15-2003 by Ord. No. 03-06]
(a) 
All preliminary plans submitted pursuant to this chapter shall conform to the requirements of § 162-9B and shall include a site analysis and impact plan pursuant to § 162-9D.
(b) 
All preliminary plan submittals shall be submitted to the Township Secretary in accordance with the submittal requirements established at the end of § 162-9 of this chapter. The Township Secretary shall determine whether the applicant presents a complete submission, however, the official submission date will not be established until the Planning Commission confirms a complete submittal at its next work session. This submittal includes:
[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, as well as of the Act 247 Referral Form and planning modules;
[2] 
A minimum of 15 prints of the preliminary subdivision plan;
[3] 
A minimum of 15 copies of all required supporting information and plans; and
[4] 
Payment of required application fees and escrow deposits as determined by resolution of the Board.
(c) 
The Township Secretary shall note the date of the receipt of the application, plans, forms, 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 Township Secretary shall accept the application and transmit such plans to the following:
[1] 
Three copies of the preliminary plan and official Township application form to the Township Planning Commission;
[2] 
Three copies of the preliminary plan to the Township Board of Supervisors;
[3] 
One copy of the preliminary plan and official Township application form to the Township Civil Engineer;
[4] 
One copy of the preliminary plan, county referral form and accompanying fee to the Chester County Planning Commission;
[5] 
One copy of the preliminary plan, module forms and appropriate fee to the Chester County Health Department;
[6] 
One copy of the preliminary plan to the Township Sewer Authority and one copy of the preliminary plan to the Township Sanitary Engineer;
[7] 
One copy of the preliminary plan to the Township's Planner;
[8] 
One copy of the preliminary plan to the Township's Traffic Engineer;
[9] 
One copy of the preliminary plan to the Township Historic Commission; and
[10] 
One copy of the preliminary plan, each, to any adjacent municipality or other governmental agency affected by the proposed development when requested by the Board of Supervisors.
(e) 
Three copies of the preliminary plan signed and returned to the applicant after successful processing.
(2) 
Review.
(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 with the Township Secretary if the Planning Commission confirms that the application is complete, or after a final order of court remanding an application. The applicant shall submit the application seven working days prior to the next regular meeting of the Planning Commission in order to be placed on the agenda.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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 or the final order of the court, the said ninety-day period shall be measured from the 30th day following the day the application is filed.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4] 
An extension to the ninety-day review period shall occur only when agreed to in writing by both the applicant and the Board.
[5] 
The applicant, or designated representative, shall be present when the plan is reviewed.
(b) 
Township Planning Commission.
[1] 
The Township Planning Commission shall review all plans referred to it and shall consider any recommendations made by a 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 chapter 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.
(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 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 chapter provisions as described in Subsection B(2)(c)[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.[3]
[3]
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 (a) specify each condition of approval, citing relevant ordinance provisions in each case, and (b) 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.
C. 
Final plan submission and review.
(1) 
Submission.
(a) 
Within 12 months after approval of the preliminary plan, a final plan and all necessary supplementary data shall be officially submitted to the Township Secretary. 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, along with the criteria listed below, shall be submitted to the Township Secretary seven days prior to the next meeting of the Planning Commission. The Township Secretary shall determine whether the applicant presents a complete submission, however, the official submission date will not be established until the Planning Commission confirms a complete submittal at its next work session.
[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 10 prints of the final plan;
[3] 
A minimum of eight copies of all required supporting information and plans; and
[4] 
Payment of required application fees and escrow deposits as determined by resolution of the Board.
(e) 
The Township Secretary shall note the date of the 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 submission, the Township Secretary shall accept the application and transmit such applications according to the table at the end of this article.[4]
[4]
Editor's Note: Said table, titled “Distribution of Plans to Appropriate Agencies,” is included at the end of this chapter.
(g) 
Where the final plan is for minor subdivision, the Township Secretary 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.
(2) 
Review.
(a) 
Official review period.
[1] 
The Township shall have 90 days in which to review and take action on the final 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 final plan application was filed or after a final order of court remanding an application.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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 or the final order of the court, the said ninety-day period shall be measured from the 30th day following the day the application is filed.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4] 
An extension to the ninety-day review period shall occur only when agreed to in writing by both the applicant and the Board.
[5] 
The applicant, or designated representative, shall be present when the plan is reviewed.
(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 the Planning Commission and the reasons therefor, citing specific sections of statutes or ordinances relied upon, to:
[a] 
The Board of Supervisors;
[b] 
The applicant; and
[c] 
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 of Supervisors 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] 
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 chapter relied upon.
[6] 
Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
[7] 
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 Subsection D to the applicant.
[b] 
One copy to the County Planning Commission.
[c] 
Two copies to be retained in the Township files, together with one copy of all supporting materials.
(d) 
Every final plan approval, with the exception of minor subdivision proposals as defined under § 162-7A(1), shall be subject to the following conditions:
[1] 
The applicant shall execute a subdivision and land development agreement in accordance with Subsection F, agreeing with the Township to install all the improvements as required by this chapter and all regulations adopted pursuant thereto.
[2] 
The applicant shall provide a performance guarantee in accordance with Subsection G.
[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 development, such as Pennsylvania Departments of Transportation and Environmental Protection, Public Utility Commission, and County Health Department.
[6] 
Changes in this or other Township ordinances shall affect subdivision and land development plans as prescribed in Section 508(4) of Act 247, as amended by Act 170 of 1988.[7]
[7]
Editor's Note: See 53 P.S. § 10508.
[7] 
Before acting upon any subdivision or land development plan, the Board of Supervisors may hold a public hearing thereon pursuant to public notice.
[8] 
Access to roads under jurisdiction of PennDOT.
[a] 
No plan which will require access onto a road under the jurisdiction of PennDOT shall be finally approved unless the plan contains a notice that a highway occupancy permit is required pursuant to Section 420 of Act 428, known as the "State Highway Law,"[8] before access to a state road is permitted. The Department shall, within 60 days of the date of receipt of an application for a highway occupancy permit:
[i] 
Approve the permit, which shall be valid thereafter unless, prior to commencement of construction thereunder, the geographic, physical or other conditions under which the permit is approved, change, requiring modification or denial of the permit, in which event the department shall give notice thereof in accordance with regulations;
[ii] 
Deny the permit;
[iii] 
Return the application for additional information or correction to conform with department regulations; or
[iv] 
Determine that no permit is required, in which case the department shall notify the Township and the applicant in writing.
[8]
Editor's Note: See 36 P.S. § 670-101 et seq.
[b] 
If the Department shall fail to take any action within the sixty-day period, the permit will be deemed to be issued. The plan shall be marked to indicate that access to the state road shall be only as authorized by a highway occupancy permit. The Department shall not be liable in damages for any injury to persons or property arising out of the issuance or denial of a permit or for failure to regulate any access. Furthermore, the Township shall not be held liable for damages to persons or property arising out of the issuance or denial of a permit by the Department.
D. 
Recording of final plan.
(1) 
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.
(2) 
Upon endorsement by the Township, the subdivider shall file the record plan with the County Recorder of Deeds within 90 days of the date of the final approval by the Township or 90 days after the date of delivery of an approved plat signed by the Board of Supervisors following completion of conditions imposed for such approval, whichever is later. The County Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the Board of Supervisors and review by the County Planning Commission. 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.[9]
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Where a major proposal, as defined by this chapter, is involved, the documentation outlined under Subsection F(4) shall also be recorded with the plan.
(4) 
The recording of the plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.
E. 
Resubdivision procedure.
(1) 
All applications for resubdivision shall be classified as minor subdivision proposals, and shall follow the final plan review procedures outlined under Subsection C(2).
(2) 
All resubdivision plan applications shall be submitted to the Township Secretary. The Township Secretary shall determine whether the application represents a complete and official submission using the following criteria:
(a) 
Three copies of the official Township application for resubdivision review form; one being notarized by an affidavit of ownership and intended use of the land;
(b) 
Five prints of the resubdivision plan; and
(c) 
Payment of required application fees as determined by resolution of the Board.
(3) 
In making any alterations, the following shall be observed:
(a) 
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 200, Zoning;
(b) 
Easements reserved for drainage shall not be changed;
(c) 
No lot shall be created which does not abut a street; and
(d) 
The character of the area shall be maintained.
F. 
Subdivision and land development improvements agreement. 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:
[Amended 12-15-2003 by Ord. No. 03-06]
(1) 
The applicant agrees to 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, right-of-way monuments and lot pins, 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.
(2) 
The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in Subsection G(2) of this section.
(3) 
The applicant agrees to have prepared a deed(s) of dedication for the streets and 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.
(4) 
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:
(a) 
That an offer to dedicate the street shall be made only for the street as a whole;
(b) 
That the Township shall not be responsible for repairing or maintaining any undedicated streets;
(c) 
That the method of assessing repair and maintenance costs of the undedicated streets be stipulated, and be set forth in recorded deed restrictions so as to be binding on all successors or assigns;
(d) 
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.
(5) 
The applicant shall provide the Township with four sets each of as-built plans and Mylars indicating all changes made to the approved plans during construction. The as-built plans shall be submitted prior final release of remaining escrow payments.
G. 
Performance guarantees.
(1) 
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 detention and/or retention facilities, recreational facilities, open space improvements, buffer of screen plantings, and water mains and other water supply facilities, fire hydrants, and sanitary sewage disposal facilities.
[Amended 12-15-2003 by Ord. No. 03-06]
(2) 
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 or record 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; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
[Amended 12-15-2003 by Ord. No. 03-06]
(3) 
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.
[Amended 12-15-2003 by Ord. No. 03-06]
(4) 
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.
[Amended 12-15-2003 by Ord. No. 03-06]
(5) 
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:
[Amended 12-15-2003 by Ord. No. 03-06]
(a) 
Submission to the Board of Supervisors of the amount of financial security required in accordance with the Pennsylvania Municipalities Planning Code; or
(b) 
In the absence of financial security in accordance with Subsection G(5)(a), above, the costs shall be established by estimate prepared by the Township Engineer.
(c) 
Further, the amount of financial security maybe adjusted on a yearly basis, due to increased costs associated with inflation and/or construction cost increases, in accordance with the Pennsylvania Municipalities Planning Code.[10]
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
(6) 
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.
(7) 
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.
(8) 
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.
H. 
Commencement of development.
(1) 
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.
(2) 
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 Subsection H(1) 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.
(3) 
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.
I. 
Plan amendments. Major modification 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.

§ 162-9 Plan contents.

A. 
Sketch plan.
[Amended 6-17-2002 by Ord. No. 02-04; 12-15-2003 by Ord. No. 03-06]
(1) 
To facilitate the fullest possible response from the Planning Commission, the applicant is encouraged to submit the following items:
(a) 
Name and address of the owner/applicant;
(b) 
Name and address of the applicant's engineer, surveyor, planner, architect, or landscape architect, if available;
(c) 
Written and graphic scale;
(d) 
The title: "Sketch Plan";
(e) 
Approximate tract boundaries;
(f) 
North arrow;
(g) 
Location map at a scale of not less than one inch equals 2,000 feet;
(h) 
Streets on and adjacent to the tract;
(i) 
Significant topographical and physical features, including contours (maximum ten-foot intervals);
(j) 
General location of wooded areas;
(k) 
Proposed general lot, building, and street layout; and
(l) 
In the case of land development plans, proposed general site layout, including building locations, parking lots, points of ingress and egress, and open spaces.
(2) 
Accompanying data. To the fullest extent the required information is available at the time of submission, a site analysis and impact plan prepared in accordance with Subsection D.
B. 
Preliminary plan. A preliminary plan shall consist of and be prepared in accordance with the following minimum standards:
[Amended 6-17-2002 by Ord. No. 02-04; 12-15-2003 by Ord. No. 03-06]
(1) 
Drafting standards.
(a) 
The plan shall be drawn on a scale of one inch equals 50 feet unless the average size of the proposed lots is in excess of five acres, in which case a scale of one inch equals 100 feet may be used.
(b) 
Dimensions shall be set in feet, bearing in degrees, minutes, and seconds, with errors of closure not to exceed one part per 10,000. Curves shall be described with the radius, central angle, chord bearing, and distance.
(c) 
Each sheet shall be numbered and shall show its relationship to the total number of sheets; a key shall also be included that clearly shows the information provided on each numbered sheet.
(d) 
The plan shall bear an adequate legend to indicate clearly which features are existing and which are proposed.
(e) 
The original drawing, and all submitted prints thereof, shall be made on sheets of 24 inches by 36 inches, or on sheets 30 inches by 42 inches if approved by the Township.
(f) 
If the preliminary plan requires more than one sheet, a master sheet at a scale not smaller than one inch equals 400 feet showing the location of each section shall accompany the plan.
(g) 
The preliminary plan shall include signature blocks on the right hand of the title plan.
(h) 
The submittal shall include the conservation plan, per Subsection E of this chapter, and the improvement construction plan, per Subsection F of this chapter.
(i) 
If the preliminary plan or land development application indicates an approved conditional use, special exception, or variance, then the submittal shall include the conditional use, special exception, or variance "order," and conditions of approval, and all plans submitted as part of that approval.
(2) 
Site design and layout standards.
(a) 
A location map and North arrow for the purpose of locating the site to be subdivided or developed, at a scale of not less than 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all streets and municipal boundaries existing within 1,000 feet of any part of the property proposed to be subdivided or developed.
(b) 
A series of maps, prepared in accordance with Subsection B(1), with the accompanying narrative as needed, showing the following existing conditions:
[1] 
Proposed subdivision or land development name or other identifying title;
[2] 
Name and address of the owner of record or of his authorized agent with source of title, if any;
[3] 
Name and address of the registered engineer or surveyor responsible for the plan; if a registered engineer, architect or landscape architect collaborated in the preparation of the plan, their name, address, and seal shall also appear;
[4] 
Zoning information, including applicable district, lot size and yard requirements, proof of any variance which may have been granted, and any zoning boundaries that traverse or are within 200 feet of the tract;
[5] 
All waivers being requested by the applicant, as well as all waivers granted to the applicant by the Board, shall be clearly stated on the first sheet (title plan) of the preliminary plan submission;
[6] 
Original date of preparation, revision dates, with concise descriptions of each revision, North arrow, and scale, both written and graphic;
[7] 
Total tract boundaries showing bearings and distances and along all existing rights-of-way within and adjacent to the tract prepared and certified by a registered professional land surveyor;
[8] 
Total acreage of the tract to the nearest square foot, and the acreage of the tract for both total and net lot area;
[9] 
The names of all owners and deed book reference of all adjacent lands, the names of all proposed and existing subdivisions adjacent, and the locations and dimensions of any streets or right-of-way easements;
[10] 
The locations and dimensions of all existing streets, railroads, sewers and sewage systems, aqueducts, water mains and feeder lines, fire hydrants, gas, electric, and oil transmission lines, watercourses, sources of water supply, easements, and other significant features within the property, or such driveways, intersections and utilities within 100 feet of any part of the property proposed to be developed or subdivided;
[11] 
Delineation of freshwater wetlands as determined by the criteria of the U.S. Army Corps of Engineers; if no such lands exist on the tract for which the subdivision or land development is proposed, the plan must include a statement indicating so;
[12] 
Any proposed improvements requiring a permit from the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection shall be so indicated;
[13] 
In the case where community or individual on-lot sewage disposal systems are proposed, all soil testing shall be performed according to § 162-48 of this chapter, and the exact locations of the test pits shall be indicated on the plan;
[14] 
In the case where an individual or community well is proposed to serve the subdivision or land development, the exact location of the well shall be indicated on the plan;
[15] 
The locations and widths of any streets or other public ways or places as shown upon an adopted local or county plan, if such plan exists for the area to be subdivided or developed;
[16] 
Locations of all existing structures on the tract, and distance thereof from lot lines;
[17] 
A contour line at vertical intervals of not more than two feet for land with natural average slope of 15% or less, and in intervals of not more than five feet for land with average natural slope exceeding 15%; actual field surveying or aerial photo interpretation shall be required when public improvements are proposed; and
[18] 
Location and elevation of the datum to which contour elevations refer; datum used shall be a known established benchmark.
(c) 
A full plan of the proposed subdivision or land development, prepared in accordance with Subsection B(1), including as a minimum:
[1] 
Location and width of all streets and rights-of-way with a statement of any conditions governing their use, including geometrics to the nearest intersection;
[2] 
Existing and proposed street and utility easement locations, including the location of and profiles for all water, sanitary sewage, and stormwater mains;
[3] 
All proposed lot lines with dimensions and lot areas;
[4] 
Building setback lines along each street, minimum side and rear yard limits to each lot;
[5] 
A statement of the intended use of all nonresidential lots and parcels;
[6] 
Lot numbers, and a statement of the total number of lots and parcels;
[7] 
In accordance with §§ 162-48, 162-49 and/or 162-50 of this chapter, and/or Chapter 152, Stormwater Management, sanitary and storm sewers, and other drainage facilities and utilities, with the size and materials of each indicated, and any proposed connections with existing facilities;
[Amended 12-16-2013 by Ord. No. 2013-05]
[8] 
Parks, playgrounds, trails and other open space areas as established in the most recent version of the Township Comprehensive Plan and as dedicated or reserved for public use, with any conditions governing such use, ownership and maintenance;
[9] 
Erosion and sedimentation controls, and stormwater management measures; all in accordance with § 162-51 of this chapter, Chapter 200, Zoning, and all other applicable regulations;
[10] 
Location of right-of-way monuments and lot pins; and
[11] 
Names proposed for new streets.
(d) 
The preliminary plan shall be accompanied by the following supplemental data:
[1] 
A preliminary site analysis and impact plan, prepared in accordance with Subsection D;
[2] 
A preliminary conservation plan, prepared in accordance with Subsection E;
[3] 
A preliminary improvements and construction plan, prepared in accordance with Subsection F;
[4] 
A preliminary proposed public water supply study, if the applicant proposes that the subdivision or land development be served by a public water system, prepared in accordance with Subsection G;
[5] 
A preliminary landscaping plan shall be included with each commercial or industrial plan, prepared in accordance with § 200-78 of Chapter 200, Zoning.
C. 
Final plan. Final plans shall, under major proposals, conform in all important details to preliminary plans, including any conditions specified by the Board. A final plan shall consist of and be prepared in accordance with the following:
(1) 
Drafting standards.
(a) 
Subdivision or land development plans submitted for review for final approval shall be clear and legible black or blue on white prints of the drawings. Upon completion of review, and for signature by the Board, clear and legible prints of all plans shall be submitted. Space shall be provided for signatures by the Board and Planning Commission on the title sheet of the plans.
(b) 
Final plans shall be made on sheets of 24 inches by 36 inches. Where necessary to avoid sheets larger than the maximum size prescribed above, final plans shall be drawn in two or more sections, accompanied by a key diagram showing relative location of the sections. The scale shall not be less than 100 feet to the inch. All dimensions shall be shown in feet and hundredths of a foot.
(2) 
Site design and layout standards.
(a) 
All information required in Subsection B(2), and the following minimum data:
[1] 
The total tract boundary lines of the area being subdivided with accurate distances to hundredths of a foot and bearings to 1/4 of a minute. These boundaries shall be balanced and closed with an error of closure not to exceed one foot in 10,000 feet; provided, however, that the boundary(s) adjoining additional unplatted land of the subdivider are not required to be based upon field survey, and may be calculated. The monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plan, and the placement of the monuments;
[2] 
All straight lot lines and chords and radii of curved lot lines, defined in feet and hundredths of a foot by distances, and in degrees, minutes and seconds, either by magnetic bearings or by angles of deflection from other lot and street lines;
[3] 
Lot numbers, lot areas, both total and net area, in both acres and square feet, and a statement of the local number of lots and parcels, together with post office address for each lot;
[4] 
A statement of the intended use of all nonresidential lots; a statement of restrictions of any type which exist as covenants in the deed(s) for all lots contained wholly or in part in the subdivision and, if covenants are recorded, including the deed book and page number;
[5] 
All proposed building (setback) and yard line requirements for each lot, or the proposed placement of each building, and the proposed location of on-site water and sewer facilities;
[6] 
The location of all existing and proposed street monuments;
[7] 
All easements or rights-of-way where provided for or owned by public services and any limitations on such easements or rights-of-way; rights-of-way shall be shown and accurately identified on the plan, and easements shall either be shown or specifically described on the plans; easements should be located in cooperation with the appropriate public utilities;
[8] 
Location, size, material used, invert elevation, and percent of grade of all sanitary and storm sewers and location of all manholes, inlets and culverts; this data must be submitted as a separate plan;
[9] 
If the subdivision proposes a new street intersection with a state legislative route, the intersection permit number(s) shall be indicated for all such intersections;
[10] 
A certification of ownership, acknowledgement of plan and offer of dedication shall be affixed on the plan, and shall be duly acknowledged and signed by the owner(s) of the property and notarized;
[11] 
All waivers being requested by the applicant, as well as all waivers granted to the applicant by the Board, shall be clearly stated on the first sheet of the final plan submission and shall be accompanied by the Township Engineer's certification, where applicable;
[12] 
Signature blocks shall be provided on the right-hand side of the title plan for the Township Planning Commission review approval, Board of Supervisors approval, Township Engineer review and approval, and County Planning Commission approval;
[Amended 12-15-2003 by Ord. No. 03-06]
[13] 
The name (or number) and cartway width and lines of all existing public streets and the name and location of all other roads within the property; and
[14] 
The following data for the center line of the cartway and both right-of-way lines of all recorded, and proposed streets, within and adjacent to the property:
[a] 
Courses and distances with length in feet and hundredths of a foot of all straight lines and of the radius and the arc (or chord) of all curved lines with delta angles including curved lot lines, and bearings in degrees, minutes and seconds for all straight lines; and
[b] 
The width in feet of the cartway, right-of-way and of the ultimate right-of-way, and (in degrees, minutes and seconds) of the delta angle of all curved lines, including curved lot lines.
(b) 
The final plan, all components of which shall be submitted to the Township in an electronic format(s) acceptable to and established by the Township, shall be accompanied by the following supplementary data:
[Amended 6-17-2002 by Ord. No. 02-04; 12-15-2003 by Ord. No. 03-06]
[1] 
A final site analysis plan, prepared in accordance with Subsection D;
[2] 
A final conservation plan, prepared in accordance with Subsection E;
[3] 
A final improvements and construction plan, in accordance with Subsection F;
[4] 
A final proposed public water supply study, if the applicant proposes that the subdivision or land development be served by a public water system, prepared in accordance with Subsection G;
[5] 
A final landscape plan, as set forth in § 162-57.
D. 
Site analysis and impact plan.
[Amended 12-15-2003 by Ord. No. 03-06]
(1) 
The site analysis and impact plan, including all environmental impacts, shall serve as the environmental impact statement for a proposed project subject to this chapter, and shall be submitted with the sketch plan (to the fullest extent the required information is available at the time of submission), the preliminary plan, and the final plan. On the site analysis and impact plan, including all environmental impacts, the applicant shall identify all the following site features, as applicable, on a single plan map, or maps, and/or narrative format, depending on the tract size, proposed project, and scale of drawing. The site analysis and impact plan, including all environmental impacts, shall be labeled such and shall be placed on a sheet separate from all other required plan information. The site analysis and impact plan, including all environmental impacts, shall not substitute for the individual plan requirements of Subsections A, B, C, and E, which identify features and proposed disturbance. Township officials and staff reserve the right to conduct a site visit, with or without its consultants, to verify the information provided by the applicant pursuant to this section. The site analysis and impact plan, including all environmental impacts, shall include the following:
(a) 
Degree of slope, at vertical intervals of not more than two feet for land with natural average slope of 15% or less, and in intervals of not more than five feet for land with average natural slope exceeding 15%.
(b) 
Areas within the Floodplain District, including floodway fringe, and approximated floodplain areas as delineated by the Flood Insurance Study prepared for the Township of Upper Uwchlan by the Federal Insurance Administration, March 10, 1976, or as updated;
(c) 
Alluvial soils, wherever they extend beyond the limits of the Floodplain District;
(d) 
Water bodies and watercourses, both perennial and seasonal;
(e) 
Drainage basins and subbasins;
(f) 
Wetlands, as delineated by the criteria of the U.S. Army Corps of Engineers and as required pursuant to Subsection B(2)(b)[11] of this section;
(g) 
High groundwater areas, as identified by the location of soils with seasonal or perennial high water table, as mapped in the Soil Survey of Chester and Delaware Counties;
(h) 
Generalized soil type names as mapped in most recent edition of the Soil Survey of Chester and Delaware Counties;
(i) 
Generalized geological characteristics, including rock formation type(s) and locations of fault zones;
(j) 
Existing vegetation denoted as to type, including woodlands, specimen trees, and hedgerows; individual freestanding trees over six inches diameter at breast height (dbh); wetland vegetation; oldfield; meadow, pasture, or cropland; orchard; cultivated and ornamental garden areas; etc.;
(k) 
Existing structures and other improvements;
(l) 
Historic resources pursuant to this chapter and Chapter 200, Zoning, including structures, ruins, sites, traces, archeological or potential archeological sites and relationship to the bounds of any National Register historic district, or historic districts determined eligible for the National Register;
(m) 
Existing paths and trails;
(n) 
Viewsheds, as defined by ridgelines, and including a delineation of all areas and site features, including, but not limited to, historic resources and other significant assets such as visual features that represent the Township's unique character, that are visible from nearby or any other public roads;
(o) 
Any other natural and historic features in accordance with § 162-55 of this chapter, including plans for required protection, replacement, or management in accordance with that section.
(2) 
The site features identified as per Subsection D(1), above, shall be shown on plan map(s) in order to determine the locational relationship of identified site features to development as proposed, including proposed structures, roads, driveways, parking areas, utilities (e.g., stormwater management facilities, sewer or water), recreation facilities, change to natural grade, and vegetation removal. The utility requirements of this section are not a substitute for the utilities plan required by Subsection F(2)(c) of this section.
(3) 
The site analysis and impact plan, including all environmental impacts, shall identify and evaluate the proposed development's potential adverse impacts on sensitive receptors in proximity to proposed action. Receptors include, but are not limited to, adjacent and nearby land uses such as, schools; churches; existing residential neighborhoods and other types of development; or natural, cultural, or historic resources which are identified in the Upper Uwchlan Township Comprehensive Plan (September 2002) and of which some are protected by this chapter and Chapter 200, Zoning.
(4) 
The site analysis and impact plan, including all environmental impacts, shall identify how the applicant proposes to avoid impacts to identified sensitive receptors and protected natural, cultural, or historic resources. Where impacts are unavoidable and allowed by applicable regulations, the applicant shall document how the impacts have been avoided to the extent practicable by the proposed project and how the impacts will be mitigated in accordance with this and other Township ordinances.
(5) 
The site analysis and impact plan, including all environmental impacts, shall be required with the submission of sketch, preliminary and final plans.
(6) 
The site analysis and impact plan, including all environmental impacts, shall be submitted in the plan view, graphic, or narrative format(s) as may be required by the Board of Supervisors or as appropriate to convey the information required by this and other applicable sections of this chapter.
E. 
Conservation plan. A conservation plan is required to accompany the preliminary and the final subdivision or land development plan. It shall be clearly and legibly drawn to the same scale as that of the preliminary and final plans. Space shall be provided for signatures by the Board and Planning Commission on the title sheet of the conservation plan.
[Amended 12-15-2003 by Ord. No. 03-06]
(1) 
The conservation plan shall show the total tract boundaries of the property being subdivided or developed and shall show:
(a) 
Contour lines at vertical intervals of not more than two feet for land with average natural slope of 15% or less, and at intervals of not more than five feet for land with average natural slope exceeding 15%.
(b) 
Location and elevation to which contour elevations refer; where reasonable and feasible, the datum used shall be a known and established benchmark.
(c) 
All existing watercourses, woodlands, specimen trees, and hedgerows; individual freestanding trees over six inches dbh; wetland vegetation; oldfield; meadow, pasture, or cropland; orchard; cultivated and ornamental garden areas; or any other significant natural features as identified in § 162-55 of this chapter situated within the proposed subdivision or land development and within 50 feet of the boundaries of the proposed subdivision or land development. Where floodplain and/or groundwater protection areas, as defined in Chapter 200, Zoning, are located on the tract, such area(s) shall be delineated in accordance with the Flood Hazard District contained in that chapter.
(d) 
Locations of all soil classifications.
(e) 
Location and results of soil percolation tests whenever on-site disposal of sewage (either through individual or community systems) is planned.
(f) 
Notations indicating: all trees or portions of tree masses proposed to be cleared as part of the proposed subdivision or land development plan, together with reasons for such clearing; all proposed alterations of the natural grade, whether by cut or by fill, exceeding two feet, together with the reasons for such alteration; compliance with all applicable erosion and sedimentation control standards.
(g) 
Limit of disturbance, as proposed by the applicant.
(2) 
A required element of any conservation plan shall be a plan for the control of erosion and sedimentation and for stormwater management. Any preliminary and final plan for subdivision or land development shall be consistent with Chapter 152, Stormwater Management, and must be accompanied by a stormwater management plan; contents of the submitted plan shall reflect discussion by the applicant with the Township Engineer. The minimum components of that plan are as follows:
[Amended 12-16-2013 by Ord. No. 2013-05]
(a) 
A narrative summary of the project, including:
[1] 
General description of the project;
[2] 
General description of accelerated erosion control;
[3] 
General description of sedimentation control;
[4] 
General description of stormwater management, both during and after construction, including best management practices (BMPs);
[5] 
Date project is to begin and expected date final stabilization will be completed, including any phasing information.
(b) 
Mapping of various physical features of the project area, both existing and proposed, including:
[1] 
The location of the project relative to highways, municipal boundaries, and other identifiable landmarks;
[2] 
Property lines of proposed project area;
[3] 
Contour lines of vertical intervals of not more than two feet for land with average natural slope of 8% or less, and at intervals of not more than five feet for land with average natural slope exceeding 8% (include location and elevation to which contour lines refer);
[4] 
Acreage or square footage of the project;
[5] 
Streams, lakes, ponds, or other bodies of water within the subject property or within 50 feet of any boundary of the property;
[6] 
Other significant natural features, including existing drainage swales, woodlands, and areas of trees and shrubs as identified in Subsection E(1) to be protected, including methods of protection, during construction;
[7] 
Proposed location of underground utilities, sewer and/or water lines;
[8] 
Scale of maps and North arrow;
[9] 
Existing roads and easements.
(c) 
Mapping of the soils and underlying geology of the project area, including:
[1] 
Soil types, including depth, slope, texture, structure, and locations;
[2] 
Geologic formations underlying the project area and extending 50 feet beyond all property boundaries.
(d) 
A map of proposed alterations to the project area, including:
[1] 
Changes to land surface and vegetative cover;
[2] 
Areas of cuts;
[3] 
Areas of fill;
[4] 
Structures, roads, paved areas, and buildings;
[5] 
Proposed stormwater control facilities;
[6] 
Finished contours at intervals as described in Subsection E(2)(b)[3].
(e) 
Calculations and description of the amount of runoff from the project area and the upstream watershed area, in accordance with the terms of Chapter 152, Stormwater Management, including:
[1] 
Method of calculation and figures used (including square footages for impervious surfaces of buildings, driveways, parking areas, etc.);
[2] 
Factors considered.
(f) 
The staging of earth-moving activities, described in the narrative, including:
[1] 
Cover removal, including all cuts and fills;
[2] 
Installation of erosion and sediment control facilities and practices;
[3] 
Installation of improvements, including streets, storm sewers, underground utilities, sewer and water lines, buildings, driveways, parking areas, recreational facilities, and other structures;
[4] 
Program of operations to convert erosion and sedimentation controls to permanent stormwater management facilities, including a chart of the relative time sequence of activities.
(g) 
Temporary control measures and facilities for use during earth-moving, in both map and narrative form, including:
[1] 
Purpose;
[2] 
Temporary facilities or other soil stabilization measures to protect shrubs from earth-moving activities;
[3] 
Types, locations, and dimensioned details of erosion and sedimentation control measures and facilities;
[4] 
Design considerations and calculations of control measures and facilities;
[5] 
Facilities to prevent tracking of mud by construction vehicles onto existing roadways.
(h) 
Permanent stormwater management program (indicating, as appropriate, measures for groundwater recharge) and facilities for site restoration and long-term protection, in both map and narrative form, including:
[1] 
Purpose and relationship to the objectives of this chapter;
[2] 
Establishment of permanent vegetation or other soil stabilization measures;
[3] 
Installation of infiltration facilities, rooftop storage, cisterns, seepage pits, french drains, etc., to serve structures;
[4] 
Use of semipervious materials for driveways, parking areas, etc.;
[5] 
Types, locations, and dimensioned details of storage, and conveyance;
[6] 
Location of wells and septic tank leach fields;
[7] 
Design considerations and calculations supporting the stormwater management program.
(i) 
A narrative description of the maintenance procedures for both temporary and permanent control facilities, and of ownership arrangements, including:
[1] 
The methods and frequency for removal of, and ultimate disposal site for, sediment and other materials removed from control facilities, both during and upon completion of the project;
[2] 
The proposed ownership and financial responsibility for maintenance of the permanent control facilities.
F. 
Improvement construction plan. An improvement construction plan shall be required to accompany preliminary and final plans whenever an improvement is to be constructed or installed.
[Amended 12-15-2003 by Ord. No. 03-06]
(1) 
Scale. The improvement construction plan shall have the same scale as required for a preliminary and final plan. However, the Township reserves the right to require a scale that will provide more detail than the preliminary or final plan, depending on the scale of the proposed improvements and/or when more detail is required regarding grading or other improvements.
(2) 
Data. The improvement construction plan shall contain sufficient information to provide working plans for the layout and construction of proposed streets, utilities, stormwater management structures, and other improvements. Such a plan shall include, but not be limited to, the following:
(a) 
A horizontal plan showing layout and geometry of proposed improvements, including stations corresponding to those shown on the profiles, horizontal curves, location and size of inlets and manholes, and existing and proposed contours.
(b) 
A profile plan indicating the final grades of streets and sewers and the extent of cut and fill operations.
[1] 
The profile plan shall show the vertical section of the existing grade and proposed grade along the center line of the proposed street. Where storm drainage and/or sanitary sewer lines are to be installed, they shall also be indicated on the profile plan.
[2] 
The horizontal scale on the profile plan shall be not less than one inch equals 50 feet and the vertical scale shall be not less than one inch equals five feet, or in cases where larger scales are used, the ratio shall be 1:10 vertical to horizontal.
[3] 
A typical cross-section street construction shall be shown on the profile plan and shall indicate the following:
[a] 
Right-of-way width and the location and width of paving within the right-of-way.
[b] 
Type, thickness and crown of paving.
[c] 
The location, width, type, and thickness of curbs and sidewalks to be installed, if any.
[d] 
Typical location, size and depth of any underground utilities that are to be installed in the right-of-way where such information is available.
[e] 
Grading beyond curbline and right-of-way line.
(c) 
Utilities plan.
[1] 
The applicant shall identify all the following information, as applicable, on a single plan map, or maps, depending on the tract size and scale of drawing. The utilities plan shall be labeled such and shall be placed on a sheet separate from all other required plan information. The utilities plan shall not substitute for plan requirement of any other sections of this chapter, and shall be in accordance with §§ 162-48, 162-49 and 162-50 of this chapter, and Chapter 152, Stormwater Management, and all other applicable sections of Township ordinances. The utility plan shall include:
[Amended 12-16-2013 by Ord. No. 2013-05]
[a] 
All proposed utilities, including easements, as well as points of tie-in with existing utilities;
[b] 
Approval of the respective utility companies involved; and
[c] 
Type and location of all lighting standards, hydrants, manhole, inlets and other storm drainage structures, all sanitary sewers with complete data, and all other information pertaining to utilities necessary for approval by the Board of Supervisors shall be shown.
G. 
Proposed public water supply study. A proposed public water supply study shall be required to accompany a preliminary and final plan whenever a public water system is proposed to serve a subdivision or land development. The proposed public water supply study shall be in accordance with § 162-49 of this chapter, Chapter 183, Article I, Public Water Supply, and all other applicable sections of this chapter and Chapter 200, Zoning.
[Amended 12-15-2003 by Ord. No. 03-06]
(1) 
The purpose of the provisions of this section is to:
(a) 
Insure that each dwelling unit and each commercial or industrial building in all subdivisions and land developments hereafter granted approval shall have an adequate supply of potable water for domestic use; and
(b) 
Insure that each unit or building shall have an adequate supply of water for purposes of fire protection; and
(c) 
Insure that in each case where water is to be supplied to a subdivision or land development by means of a public water supply system, such system meets minimum standards controlling water storage and production capabilities for domestic and fire use for the protection of the health, safety and welfare of all Township residents.
(2) 
All land developments shall have public water. All land developments within the franchise area of a public water company and all of that area within 1,500 feet of a water supply main operated by a water company in Upper Uwchlan Township shall be serviced by public water which shall be provided by a public utility organized and operating under the laws of the Commonwealth of Pennsylvania or by a municipal authority or other municipal corporation organized and operating under the laws of the Commonwealth of Pennsylvania.
(3) 
Public water supply requirements: application. If the applicant for subdivision or land development approval proposes that the subdivision or land development be served by public water, the applicant shall submit, upon submission of the preliminary plan, seven copies of documentation which shall be designated as "proposed public water supply study" which shall contain the following information:
(a) 
The name, address and telephone number of the proposed public water supplier (company, water company or public utility) proposed by the applicant to supply water to the subdivision or land development.
(b) 
A complete description of the source of the water supply, the quantity and quality of the water available from that source and the capacity of all reservoirs and their locations.
(c) 
If wells are to be utilized as part of the supply system, the number of wells, pumping capacity of each well, the number of hours per day that each well pump operates, diameter of well casing, draw-down rated capacity of each well, the maximum sustained yield from the well test together with a copy of the well test data.
(d) 
Size of the water mains to be utilized in the proposed subdivision or land development, size of all water mains on the system proposed to service the subdivision or land development, the number of existing fire hydrants on the system and the number of fire hydrants proposed for the new subdivision or land development.
(e) 
The number of residential customers on the existing system proposed to service the subdivision or land development and the number of gallons required to service the existing system as of the supplier's last billing.
(f) 
The number of commercial and industrial customers on the existing system proposed to service the subdivision or land development and the number of gallons required to service the system as of the supplier's last billing.
(g) 
Fire hydrant test results made by the Insurance Services Officer of Pennsylvania for the existing system proposed to service the subdivision or land development. In the event the system has been expanded to service additional customers since the date of the last text, applicant shall set forth the number of new customers, designating them as residential, commercial or industrial, as applicable, additional gallonage required to service those customers and the number of additional hydrants installed on the system.
(h) 
A description of the service area of the public water supplier, and if regulated by the Public Utilities Commission of the Commonwealth of Pennsylvania, whether the proposed subdivision or land development is within the supplier's approved franchised area. Public Utility Commission approval to a public water company to extend any franchise area to include the proposed subdivision or land development shall be a condition precedent to subdivision or land development approval.
(4) 
Review procedure for "proposed public water supply study." The proposed public water supply study submitted by the applicant shall be reviewed by the Township Engineer in conjunction with the subdivision or land development application process and he shall make a recommendation to the Board of Supervisors with respect to applicant's compliance with the section. Applicant must bear the cost of Township engineering review and report and agrees to pay the cost thereof by submission to Township or a subdivision or land development application. Submission by applicant of a complete "proposed public water supply study" is essential and no subdivision or land development application, whether preliminary or final, shall be granted approval without such submission.
H. 
Impact statements. Impact statements shall be required as established by this section, or in accordance with § 200-83, or, as applicable, § 200-117, Conditional use standards, of Chapter 200, Zoning.
[Amended 12-15-2003 by Ord. No. 03-06]
(1) 
Applicability.
(a) 
Traffic, recreation, and fiscal impact statements shall be required for all preliminary subdivision and land development applications under this chapter when land development is projected to generate 200 ADT (average daily trips), or 20 or more peak-hour trips, as established in the most recent edition of the Institute of Transportation Engineers publication, Trip Generation.
(b) 
Separate applicability standards are established subsequently in this section for historic resources impact statements.
(c) 
The requirements of this section may be modified by the Board of Supervisors, or the Zoning Hearing Board if applicable, when specific requirements are determined not to be applicable to the preliminary subdivision or land development application. In evaluating any required Impact statement, the Board of Supervisors shall consider the impact of the proposed use on the Township and on the facilities and systems as listed hereafter. When required by the Board, the applicant shall provide all of the information, data and studies needed to allow the Board to reach conclusive evaluation of the areas set forth hereafter, which are applicable to the use proposed. The impact statement should be one written document. Necessary maps, charts, etc., should be labeled as consecutively numbered exhibits and properly referenced throughout the text of the written document. The statement should be written in a manner and style that clearly focuses the information, data and analysis on the issues and objectives required by this section or requested by the Board. The source of all data should be appropriately documented. Fifteen copies of all impact statements shall be submitted initially to the Township Secretary, for discussion with Planning Commission and distribution to Township Engineer, Township Historic Commission, Township Sewer Authority, and Township Planner. The Township reserves the right to request additional or revised impact statements as necessary.
(2) 
Traffic.
(a) 
Purpose. A traffic impact study shall enable the Township to assess the likely traffic impact of a proposed development on the various components of the transportation system. The study shall: (1) identify any traffic or transportation problems associated with the adequacy of the existing transportation network to provide access to/from the development with regard to the character and volume of traffic to be generated by the proposed development; and (2) determine the development's impact on public transportation and pedestrian and nonvehicular circulation. The traffic impact study should also identify solutions to the traffic or transportation problems.
(b) 
Professional input. The applicant shall retain a qualified professional traffic engineer, who shall be subject to the approval of the Township, to prepare the traffic impact study.
(c) 
Definitions. The following terms or phrases shall have the meanings indicated when used in this section:
LEVEL OF SERVICE
As defined by the Highway Capacity Manual, level of service, ranging from A to F, measures the operational conditions within a traffic stream in terms of such factors as speed, travel time, delay, freedom to maneuver, traffic interruptions, comfort and convenience.
QUEUE ANALYSIS
An analysis that identifies the maximum queue of vehicles in each traffic stream, measured in feet. The analysis shall utilize a computer model typically accepted by the Pennsylvania Department of Transportation and the Township.
STUDY AREA
The study area shall be the area of land within the Township that is likely to be affected by the development; the selected area shall be approved by the Township and its Traffic Engineer prior to initiating the study. Specific intersections to be included in the study shall also be approved by the Township prior to initiating work.
TRIP GENERATION
The total count of trips to and from the subject development per unit of land use (i.e., dwelling unit, square footage, etc.) as established by Trip Generation. For land uses not listed in this publication or for those land uses with limited available trip generation data, the applicant's traffic engineer shall seek guidance from the Township prior to completion of the study. For applications involving an expansion or relocation of an existing facility, actual trip generation characteristics of the existing land use may be utilized, as appropriate and subject to acceptance by the Township. Other local sources of trip generation data may be acceptable, subject to the approval of the Township.
VOLUME/CAPACITY ANALYSIS
An analysis that compares the volume of a traffic facility to its capacity. The procedure for the analysis shall adhere to the most recent edition of the Highway Capacity Manual, or other methodology acceptable to the Township, and a computer model typically accepted by the Pennsylvania Department of Transportation and the Township.
(d) 
Contents of the traffic impact study. At the discretion of the Township, a traffic impact study shall contain, but not be limited to:
[1] 
Site and project description. This description shall identify the site, proposed land use(s), the surrounding area, and the transportation setting including:
[a] 
A description of the size, location, proposed land uses, construction staging and completion date of the proposed development. If the development is residential, the types of dwelling units and number of bedrooms shall be included. Also, the description shall include the characteristics of site users with respect to their transportation needs. In addition, the description for educational, day-care or other similar facilities shall include a narrative of the arrival and dismissal times, student drop-off/pick-up procedures, number of school buses, and number of students. The description shall also include an evaluation of any proposed drive-through facilities to establish the adequacy of the proposed design, relative to internal access, stacking, and ingress/egress.
[b] 
The existing and proposed uses of the site shall be identified in terms of zoning classification.
[c] 
A complete description of access and circulation for the development including, but not limited to, location of access points and method of traffic control.
[d] 
Description of the adjacent external roadway system within the study area. Major intersections in the study area shall be identified and illustrated.
[e] 
All existing and proposed public transportation services and facilities within the study area and the surrounding area shall be documented.
[f] 
A description of the all internal roadway widths, rights-of-way, existing and proposed parking conditions, speed limits, and method of traffic control at all internal roads and intersections shall be provided.
[g] 
All future committed or proposed roadway and intersection improvements within the study area shall be noted. The responsible party and anticipated project schedule shall be identified for each future improvement.
[2] 
Existing traffic conditions. Existing traffic conditions shall be documented for all major roadways and intersections established as part of the approved study area and shall be based on the following:
[a] 
Existing peak-hour turning movement traffic volumes shall be recorded at all study area intersections and shall be conducted encompassing both the peak highway and development hours. Daily traffic volumes shall be documented in the report for each of the study roadways. The report shall provide figures illustrating the peak-hour turning movement traffic volumes, and documentation regarding all traffic counts.
[b] 
A volume/capacity analysis based on existing traffic volumes shall be performed during the peak highway and development hours for all roadways and study intersections, including specific conditions and/or locations as may be established by the Township. The level of service results of the volume/capacity analysis shall be presented graphically.
[c] 
A summarization of the most recent accident data within the study area shall be provided if required by the Township.
[d] 
If recommended by the Township Engineer and agreed to by the Township Planning Commission or Board of Supervisors, conduct a speed study to verify the 85th percentile speed of traffic along the roads or cartways which access to the site is provided, and the results of this speed study will be used in the design of the access and traffic improvements.
[Added 4-19-2010 by Ord. No. 10-04]
[3] 
Future conditions analysis without the proposed development. An evaluation of the anticipated future traffic volumes and the ability of the roadway network to accommodate this traffic without the proposed development shall be provided. The analysis shall be completed for each study peak hour for the development completion year and any interim years if development phases are proposed, unless otherwise required by the Township, such as the design year 10 years after the initial development opening year. This evaluation shall include the following:
[a] 
Peak-hour traffic volumes shall be projected for the design year(s) based on traffic growth information compiled by the Chester County Planning Commission, the Delaware Valley Regional Planning Commission, and/or the Pennsylvania Department of Transportation. Projected traffic volumes shall also include anticipated traffic growth associated with other area proposed developments or developments under construction. All assumptions and methodologies utilized to forecast the future traffic volumes shall be clearly documented. Figures shall be provided in the report illustrating the peak-hour turning movement traffic volumes.
[b] 
A volume/capacity analysis based on future without-development traffic volumes shall be performed during the peak highway and development hours for all roadways and study intersections. The level of service results shall be presented graphically.
[c] 
Roadway and intersection improvements committed to by others for implementation prior to the design year(s) shall be included in the analysis. The applicant's traffic engineer shall seek guidance from the Township in determining the appropriateness of future roadway and intersection improvements. An analysis of future conditions both without and with improvements shall be provided, if appropriate.
[4] 
Trip generation characteristics. Estimates of vehicle trips to result from the proposed development shall be completed for the design year(s) peak highway and development hours, and shall be determined as follows:
[a] 
Estimation of the number of trips generated by the proposed uses for each study hour and on a daily basis shall be developed.
[b] 
Traffic volumes generated by the proposed development shall be distributed and assigned throughout the study area for each of the study peak hours. Documentation of all assumptions used in the distribution and assignment of traffic shall be provided.
[5] 
Future conditions analysis with the proposed development. A description of the adequacy of the roadway system to accommodate future traffic with development of the site shall be provided. The analysis shall be completed for each study peak hour for the development completion year and any interim years if development phases are proposed, unless otherwise required by the Township, such as the design year 10 years after the initial development opening year. The evaluation shall include the following:
[a] 
Daily and peak-hour traffic volumes shall be projected for the design year(s). Projected traffic volumes shall be calculated by adding the anticipated development trip generation to the future traffic volumes without development for the roadway network and site access. Figures shall be provided in the report illustrating the peak-hour turning movement traffic volumes.
[b] 
A volume/capacity analysis based on future with-development traffic volumes shall be performed during the peak highway and development hours for all roadways and study intersections. The level of service results shall be presented graphically.
[c] 
A queuing analysis shall be performed during the peak highway and development hours for each study and site access intersection. The results of the queuing analysis shall be presented graphically and the available storage lengths for all existing and proposed lanes shall be identified to determine the adequacy of these facilities to accommodate the anticipated future vehicular traffic queues.
[6] 
Proposed improvements. A description of proposed improvements to remedy and otherwise mitigate traffic deficiencies and traffic impacts, as established by the analyses required herein, shall be identified, as follows:
[a] 
Improvements shall be presented for future with-development traffic volumes to operate at level of service D or better for all movements and the overall intersection, if the future without-development conditions function at level of service D or better. If future without-development conditions are at level of service E, the improvements identified shall ensure that under no circumstances shall the future with-development level of service conditions be worse than future without-development conditions. For future with-development level of service F conditions, the volume/capacity ratio and delay shall be no worse than future without-development conditions. All site accesses shall function at level of service D or better for all movements and the overall intersection.
[b] 
The description of improvements shall describe the location, nature, and schedule, as well as the party responsible for the improvements. The listing of recommended improvements shall include, but not necessarily be limited to, the following elements: internal circulation design; site access design location; traffic signal installation/operation; and roadway/intersection widening. Although the improvement recommendations shall be consistent with Upper Uwchlan Township's Transportation Capital Improvement Plan (most recent revision), these improvements shall not be considered unless they are planned within a reasonable schedule, as directed by the Township.
[c] 
A volume/capacity analysis shall be presented demonstrating the anticipated operating conditions of the study intersections upon implementation of any recommended improvements. The level of service results of the volume/capacity analysis shall be presented graphically.
[d] 
Access design recommendations shall be provided consistent with the design requirements of Upper Uwchlan Township and/or the guidelines of the Pennsylvania Department of Transportation, including the following:
[i] 
The available sight distance measurements shall be indicated for each access, and recommendations shall be provided for any access location that does not provide sufficient sight distance in accordance with the applicable requirements, which may include relocation of the proposed access, provision of separate turning lanes, roadway improvements, or turning restrictions;
[Amended 4-19-2010 by Ord. No. 10-04]
[ii] 
The necessity for auxiliary turn lanes at each site access intersection shall be identified based on the current design guidelines of the Pennsylvania Department of Transportation; and
[iii] 
All access points and pedestrian crossings shall be examined as to the need for and feasibility of installing traffic signals or other traffic control devices, pursuant to the guidelines and traffic signal warrants of the Pennsylvania Department of Transportation.
[7] 
Conclusions and recommendations. Projected levels of service for all roadways and intersections shall be identified at the conclusion of each phase of development, and a level of service matrix shall be provided for comparison of the levels of service. All roadways and/or intersections showing a level of service which is deemed deficient shall be identified and specific recommendations for the elimination of traffic problems associated with the proposed development shall be identified. Also, improvements shall be offered to ensure that vehicular traffic queues can be accommodated to provide efficient access and mobility to/from the proposed development for pedestrian and vehicular traffic. The Township shall review the methodology, assumptions, findings, and recommendations of the applicant's traffic impact study. The Board may request additional analyses and may also impose upon the applicant additional improvements deemed necessary to accommodate impacts of the development.
(3) 
Recreation. The recreation impact statement shall analyze the demand for recreational facilities which the proposed development will generate and determine whether adequate facilities exist or are planned or proposed. As a minimum, the study should include the following:
(a) 
A description of the projected age breakdown of the residents of the proposed development.
(b) 
A description of any recreational facilities to be provided by the applicant.
(c) 
A description of who the responsible party(s) will be for maintenance (public and private) of any recreational facilities to be provided by the applicant.
(d) 
A description of existing municipal recreational facilities and the impact of the proposed development on these facilities. Accepted standards required for recreation are established in the Upper Uwchlan Open Space, Recreation and Environmental Resources Plan, as most recently amended, and as the Upper Uwchlan Township Comprehensive Plan, as most recently amended.
(e) 
Discussion of potential for any recreational facilities to be provided by the applicant to compensate for any anticipated deficiencies of the Township's recreation facilities.
(f) 
A description of accessibility of proposed facilities to general Township residents.
(g) 
A description of any contributions the applicant plans to make to Township recreation to mitigate for expected impacts.
(4) 
Fiscal. A fiscal impact statement shall be prepared for all conditional use, special exceptions and proposed zoning changes identifying the likely impact of the development on the Township's tax structure and expenditure patterns. Included shall be a determination of the revenues to accrue to the Township as a result of the proposed development, as well as an identification of the expenses associated with delivering service to the proposed development. The fiscal impact analysis shall deal with the impact of the proposed development on the ability of the Township to deliver fire, police, emergency (ambulance) administrative, public works and utility services to the development of the Township's economy. In order to prepare the analysis, the applicant shall utilize a methodology offered in The Fiscal Impact Handbook (Rutgers Center for Urban Policy Research, 1978, as modified from time to time), adapted as appropriate and to the Board's satisfaction. The "case study method" shall be a preferred alternative; in reviewing methodologies with the applicant, however, the Board may authorize a different methodology if the applicant can demonstrate to the Board's satisfaction substantial advantages in results achieved and/or efficiencies realized. Particular aspects of the Township's service delivery capability to be analyzed shall include:
(a) 
Public works. This includes potential effects on the maintenance, repair and upkeep of roads, signal systems, sewer, water and drainage systems, open space and recreation areas or any other applicable function of this department. This study shall address projected cost increases for the above-mentioned items in terms of administration, personnel, equipment and materials.
(b) 
Administration. This includes time that would be required by the Board of Supervisors, Manager, Administrative Assistant, and clerical personnel to process the application and handle the project during construction, as well as long-term administrative demands. This should include, but not be limited to, the handling of plans, contracts, various legal instruments or agreements, permits, special problems, and escrow. Added demands on the code administration staff also shall be projected.
(c) 
Fire and emergency (ambulance) services. The analysis shall incorporate the development's impact on fire company capabilities, including but not limited to municipal water supply, pumping capacity, specialized equipment and training requirements.
(d) 
Police. The study shall project the overall effects of the proposed development on existing Township police personnel numbers, equipment, vehicles and working space. The plan should include whatever facilities or assistance the development will provide to handle emergencies, criminal investigations, armed robbery, or other security-related problems.
(5) 
Historic resources impact statement.
(a) 
Applicability. An historic resources impact statement is required when any of the following actions is proposed within 250 feet of an historic resource as identified in the document entitled "Historic Resources Inventory: Upper Uwchlan Township, Chester County, Pennsylvania (Wise Preservation Planning, 2001)." The requirements of this section may be modified by the Board of Supervisors, or the Zoning Hearing Board if applicable, when specific requirements are determined not to be applicable to the preliminary subdivision or land development application.
[1] 
Subdivision or land development plans which will lead to the new construction of buildings, structures, roads, driveways, parking area, etc.
[2] 
Subdivision or land development plans which propose adaptive reuse or demolition of an historic resources as identified in this chapter.
[3] 
General bridge or road construction or substantial repair.
[4] 
Other land development, land disturbance, or exterior structural alteration.
[5] 
Any conditional use application.
[6] 
Any planned residential development application.
[7] 
Any special exception or zoning variance request.
(b) 
The Board of Supervisors may require the applicant to submit the historic resources impact statement as a subsection of another impact statement required in this section, or as a separate document.
(c) 
The historic resources impact statement shall be prepared by a qualified professional in historic preservation, historical architecture, planning, or related disciplines and presented by the applicant or his agent for discussion at a meeting of the Upper Uwchlan Historical Commission.
(d) 
Contents. The study shall contain the following information, and any other information required by the Board of Supervisors:
[1] 
Background information.
[a] 
If not otherwise provided by the applicant, a general site plan and description, including topography, watercourses, vegetation, landscaping, existing drives, etc.
[b] 
General description and classification of all historic resources, including archeological resources as may be identified by the Pennsylvania Historical and Museum Commission located on the subject tract, on tracts immediately adjacent to the subject tract or road, or within 250 feet of the subject tract or road.
[c] 
Physical description of all resources identified in Subsection H(5)(d)[1][b], above.
[d] 
Statement of the significance of each historic resource, both relative to the Township and region in general.
[e] 
Narrative description of the historical development of the subject tract or road.
[f] 
Sufficient number of eight-inch by ten-inch photographs to show every historic resource identified in Subsection H(5)(d)[1][b], above, in its setting.
[2] 
Proposed change.
[a] 
General description of project, including timetable of phases.
[b] 
Description of impact on each historic resource identified pursuant to this section, above, with regard to architectural integrity, historic setting or landscape, and future use.
[c] 
General description of effect of noise and traffic and any other impacts generated by the proposed change on each historic resource.
[3] 
Mitigation measures. Recommendations for mitigating the project's impacts on historic resources, including design alternatives, screening in accordance with § 200-77, landscaping in accordance with § 200-78, and any other appropriate measures permitted under the terms of this and other Township ordinances.
(e) 
Upper Uwchlan Historical Commission. The historic resources impact statement shall be reviewed by the Upper Uwchlan Historical Commission. The Commission shall set forth its evaluation and recommendations in a written report.