Whenever a subdivision of land or land development
is desired to be effected in Ridley Township, Delaware County, Pennsylvania,
a plat of the layout of such subdivision or land development shall
be prepared, filed, and processed with the Commission according to
the requirements of this chapter, except as follows.
Where two or fewer lots are proposed to be subdivided
from a tract of land or where land is being transferred to be combined
with an existing lot, the governing body, being advised by the Planning
Commission in response to a written request by the applicant, may
waive the requirements of preapplication plans and data and the preliminary
plat requirements, provided such proposal is on an existing street
and no new streets are involved. In such cases the applicant shall
submit a final plat as follows:
A. A final plat shall be submitted and processed as required under §
268-17 using the following procedure:
(1) Obtain soil characteristics report and information
on erosion and sediment control from the Delaware County Conservation
District through the Soil Conservation Service.
(2) The final plan (six copies) prepared by a registered
surveyor or engineer on sheets 17 inches by 22 inches showing the
following:
(a)
Outline of the property from which the lot or
lots are being subdivided, scale one inch equals 200 feet.
(b)
Bearings and distances of the property taken
from the property deed including the primary control point.
(c)
Adjacent landowners' names.
(d)
Location of the property map of existing buildings,
proposed lots, existing streets, streams and woods.
(e)
A separate drawing of the proposed lot or lots
(scale one inch equals 50 feet) with lot areas, lot numbers, lot dimensions,
bearings and distances of lot lines, existing street rights-of-way
and street name and number, building setback lines, contours with
a five-foot interval.
(f)
A general location map of the plat (scale one
inch equals 1,000 feet) showing property location, streets and other
pertinent information.
(g)
Name and address of owner or subdivider.
(h)
Name and seal of surveyor or other person responsible
for the plan; also, signed certification by surveyor that the plan
is correct.
(i)
Date of plan preparation.
(j)
Municipality where property is located.
(l)
Certification of ownership and dedicatory statement
signed by owner.
(m)
Notary public and recording statement.
(n)
Allow space for stamped approval block to be
signed upon approval by the Planning Commission.
(o)
Location of survey monuments shown by an "X"
on the plat.
(p)
Proposed protective covenants running with the
land, if any.
(q)
Reference to recorded subdivision plats of adjoining
platted land and by record name, date and number.
The specifications are general information describing
or outlining existing covenants, land characteristics, community facilities
and utilities, and information describing the proposed subdivision
or land development, such as the number of lots, typical lot width
and depth, parking areas, business areas, playgrounds, park areas,
common open space, other public areas, proposed protection covenants,
proposed utilities and street improvements.
A. A copy of the report on soils characteristics of the
site prepared by the Delaware County Conservation District.
B. A copy of the report from the County Conservation
District indicating the extent of erosion control plans needed and
whether in its opinion a permit for earth moving activity may be required
from the Department of Environmental Protection.
C. A signed copy of an advisory memorandum from the local Sewage Enforcement Officer as required under §
268-12B.
D. Evidence in writing, where 50 or more dwelling units
are proposed in a subdivision or land development, from the school
district in which the subdivision or land development is located containing
the review and comments of the school district on the proposed development.
E. A copy of a report, where 50 or more dwelling units
are proposed in a subdivision or land development, indicating any
estimated and existing streets and highways to carry the traffic both
within and beyond the proposed development and possible solutions
to such problems as may be thereby identified.
F. A copy of a report, where 50 or more dwelling units
are proposed in a subdivision or land development, indicating the
general arrangement for development, indicating the general arrangement
for stormwater drainage, the estimated volume of water to be generated
and the effect of such volumes on the drainageways or streams within
the development and that projected volumes can be accommodated by
the existing drainage facilities or streams beyond the proposed development.
G. Location map showing the relationship of the proposed
subdivision or land development to existing community facilities which
serve or influence it, including the development name, location of
any existing community facilities, traffic arteries, utilities, shopping
centers, hospitals, title, scale, North arrow and date. Such map may
be a municipal map at a scale of one inch equals 800 feet.
H. Property map showing the entire lot, tract or parcel
to be affected by the proposed subdivision or land development, drawn
to a scale of one inch equals 50 feet or less. A different scale may
be used subject to the approval of the Commission.
(1) The proposed name of the subdivision or land development.
(3) Name of the registered owner.
(4) North point, scale and date.
(5) Name of engineer, surveyor, or other qualified person
responsible for the map.
(6) Tract boundaries with bearing and distances.
(7) Approximate location of watercourses, tree masses,
rock outcrops, existing buildings, and actual location of sewers,
inlets, water mains, easements, fire hydrants, railroads, existing
or confirmed streets and their established grades.
(9) Topography, with elevations based on datum approved
by the Commission and showing intervals of five feet.
(10)
Sketch plan, drawn on a print of the property
map, showing in a simple sketch form the proposed layouts of streets,
lots, proposed erosion and sediment control measures and other features,
in relation to existing conditions.
(11)
In cases where the Commission has granted a waiver from the preapplication plans and data procedure, Subsections
A through
F above shall be included as part of the preliminary plat or development master plat submission.
The applicant, 21 days prior to the regular
meeting of the Planning Commission at which consideration is desired,
shall file with the Township Secretary nine copies of a preliminary
plat or a development master plat or the proposed subdivision or land
development and other required data and maps.
A. The Secretary shall submit copies to the Board of
Commissioners, the County Planning Commission (four copies), the Engineer,
and may submit copies to the Public Utilities Municipal Authority,
School Board, Delaware County Soil and Water Conservation District,
Pennsylvania Department of Environmental Protection and other public
agencies. The Commission shall act to recommend approval or disapproval
of each preliminary plat submitted, within such time as will permit
transmittal to and approval or disapproval by the Board of Commissioners
in accordance with the time set forth hereinafter. The Board of Commissioners
shall act to approve or disapprove each preliminary plat submitted
and communicate its decision to the applicant not later than 90 days
following the said next regular meeting of the Ridley Township Planning
Commission at which the application will be considered next following
the date the application is filed, provided that should the said next
regular meeting occur more than 30 days following the date of the
application, the said ninety-day period shall be measured from the
30th day following the day the application has been filed. The submission
of an amended or revised plan shall constitute a new application date
with new application fees, and the 90 days mentioned above for the
required review process shall begin upon the date of resubmission
of the amended or revised plans, if the Township Engineer determines
that the amended or revised plans are substantially different from
the original plans.
[Amended 8-28-1996 by Ord. No. 1750; 12-19-2001 by Ord. No.
1821]
B. The County Planning Commission shall review the preliminary
plat and data and shall issue a written report stating its suggestions
for modifications and design changes to the Board of Commissioners
within 30 days of its receipt of same or forfeit its right to review.
[Amended 8-28-1996 by Ord. No. 1750]
C. The Board of Commissioners shall determine whether
the preliminary plat or development master plan shall be approved,
approved with modifications or disapproved. The decision of the Board
of Commissioners 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. 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 statute or ordinance that it is relied upon.
D. Before acting on any subdivision plat, the Commission,
may hold a public hearing thereon after public notice.
E. 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 ordinance.
F. 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 ordinance.
G. Failure of the Board of Commissioners 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 for 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.
H. The Township Planning Commission shall transmit its
comments and recommendations to the Township Commissioners.
I. Before final action is taken on any submitted plat,
the Commission shall submit copies of the preliminary plat and accompanying
data to the Engineer who shall advise the Commission and governing
body as to the suitability of all engineering details and specifications;
to the local office of the Pennsylvania Department of Environmental
Protection where septic tanks and/or wells are to be utilized; to
all affected public utilities who shall be requested to make recommendations
as to the suitability of the utility easements and to the Pennsylvania
Department of Transportation where the subdivision or land development
will front on existing or proposed state highways or has a proposed
street entering on such highway.
J. Approval of the preliminary plat shall not constitute
approval of the final subdivision plat by the Township Commissioners.
A development master plat shall be in accordance
with the specifications for a preliminary plat, and shall additionally
provide assurance of the integrity of the total contemplated development
by presenting the following in acceptable detail:
B. A complete surface water drainage plan.
C. Complete provisions for sanitary sewer service.
D. Complete provisions for water supply.
E. Complete description of proposed building development,
including the following:
(1) Building plans are required only as to height limitations.
(2) Locations and horizontal sizes of buildings, except
for single-family detached or single-family semidetached lots.
(3) Dwelling densities, overall and sections.
(4) Number of each kind of dwelling and minimum habitable
floor area thereof.
(5) For any included commercial facilities, an estimated
floor area for retail sales, office space and other space and brief
description of expected occupancy of such facilities.
F. A proposed time schedule within which the total development
activity is to be completed.
(1) This schedule shall show the proposed sequence of
sectional development, including a summary of what is included in
each section and the time at which the last final plat is to be submitted
and the development completed.
(2) This time schedule may not exceed five years unless
approved by the governing body.
(3) A time schedule, once approved, may be extended by
the governing body following written request by the developer presenting
good cause for such extension.
(4) Such extensions shall not exceed two years at any
one time, nor shall a development master plat be accorded a total
time schedule from first approval in excess of 10 years.
[Amended 8-28-1996 by Ord. No. 1750]
The applicant shall, not later than five years
after the date of approval of the preliminary plat or a development
master plat, for that portion he intends to develop, file with the
Secretary a final plat. Failure to comply with the time limitation
herein provided shall make the approval for the preliminary plat null
and void unless an extension of time is requested by the applicant
and for good cause granted by the Township Commissioners.
A. The applicant, 21 days prior to the regular meeting
of the Commission at which consideration is desired, shall file with
the Township Secretary the following:
(1) Two clear durable reproducible copies, or the original
drawing and one reproducible copy;
(2) Eight paper print copies of the plat;
(3) Eight copies of all attachments to the plat.
B. The Commission shall distribute the document as follows:
(1) The reproducibles, in accordance with Subsection
J or
K.
(2) Four copies to the Delaware County Planning Commission.
(3) One print and one copy each of all attachments for:
(b)
Retention by the Commission.
(c)
Transmittal by the Commission of notations and
recommendations to the governing body.
(d)
Developer, with any Commission and/or governing
body recommendations.
(4) Additional copies may be required when necessary for
transmittal to other agencies.
C. The Commission shall determine, at its meeting at
which a plat is submitted, whether it may then properly act on information,
in which case it shall be subject to action at the next regular meeting
of the Commission.
D. The developer should, prior to submission of a final
plat, obtain required reports or other information concerning the
proposed development from other agencies and present same with the
plat.
E. The Commission shall act to recommend approval or disapproval of each final plat submitted, within such time as will permit transmittal to and approval or disapproval by the governing body in accordance with Subsection
H hereinbelow.
F. For plats recommended for approval, the date of recommendation
and signatures of the Commission Chairman and Secretary shall be affixed
on the reproducible copies. These and such other copies and attachments
as are pertinent shall be transmitted by the Commission to the governing
body.
G. For plats recommended for disapproval, the Commission
shall provide a written statement of the reasons, citing defects from
the provisions of this chapter concerning plat submission, plat requirements
or design standards or from the provisions of other applicable ordinances.
Such written statement, copies of the plat and attachments as are
pertinent shall be transmitted by the Commission to the governing
body.
H. The Board of Commissioners shall act to approve or
disapprove each final plat submitted and communicate its decision
to the applicant not later than 90 days following the date of the
regular meeting of the Ridley Township Planning Commission at which
the application is considered next following the date the application
is filed, provided that should the said next regular meeting occur
more than 30 days following the date of the application, the said
ninety-day period shall be measured from the 30th day following the
day the application has been filed. The submission of an amended or
revised plan shall constitute a new application date with hew application
fees, and the 90 days mentioned above for the required review process
shall begin upon the date of resubmission of the amended or revised
plans, if the Township Engineer determines that the amended or revised
plans are substantially different from the original plans.
[Amended 12-19-2001 by Ord. No. 1821]
(1) Before approving any final plat for recording, the
governing body shall either require that the necessary grading, paving
and other street improvements, including, where specified, curbs,
sidewalks, streetlights, fire hydrants, water mains, sanitary sewers
and storm sewers, shall have been installed in strict accordance with
the municipal standards and specifications and the pending plat, or
that the municipality be assured, by means of a proper completion
guaranty in the form of a bond or the deposit of funds or securities
in escrow, sufficient to cover the cost of the required improvements
as estimated by the Engineer or the governing body, that the said
improvements will be subsequently installed by the developer.
(2) Such completion guaranties shall require the installation
of the improvements by the developer within a given period of time
as prescribed by the governing body, not to exceed one year.
(3) Failure of the developer to provide the required improvements,
or acceptable guaranty thereof, may be the sole reason for disapproval
of a plat, in which case technical review of the plat for conformity
with the provisions of this and other applicable ordinances and regulations
shall not be required.
I. For approved plats, the date of approval of the Board
of Commissioners and signatures of the President and Secretary of
the Township shall be affixed on the reproducibles and one print copy.
The signed print copy shall be returned to the developer at the meeting
or delivered or mailed to the developer within 15 days after the meeting.
J. When the final plat 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 statute or ordinance relied upon.
Such written statement and a copy of the disapproved plat shall be
given to the developer within 15 days following the decision. Failure
of the Board of Commissioners 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.
(1) The procedure for refiling a plat which has been disapproved
shall in general be the same as for the original filing.
K. For plats which have been approved and endorsed by
the designated Township officials, the developer shall file the record
plat with the County Recorder of Deeds within 90 days of the date
of final approval. If the developer fails to record the final plat
within such period, the action of the governing body shall be null
and void unless an extension of time is granted in writing by the
Township Commissioners upon written request by the developer.
(1) A plat approved by the court on appeal shall be recorded
in a similar manner, after annotation of such approval on the plat.
L. No changes, erasures, modifications or revisions shall
be made on any plat after approval has been given by the governing
body and signatures affixed unless the plat is first refiled.
M. A final plat may constitute only that portion of the
approved development master plat which the developer proposes to record
and develop immediately, provided that such portion conforms with
the requirements of this chapter.
N. A final plat shall be submitted within one year after
approval of a preliminary or development master plat. The provisions
of this and other ordinances and specifications of the municipality
which govern aspects of the land development or subdivision, in effect
at the time of approval of the preliminary plat, shall apply throughout
this one-year period.
(1) Following approval of a final plat, the developer
shall complete all aspects of the land development or subdivision
therein described within a period of three years. The provisions of
all ordinances or specifications of the municipality which govern
aspects of the development, in effect at the time of approval of the
final plat, shall apply throughout this three-year period. Upon lapse
of this three-year period, further activity by the developer, pursuant
to the development described by the final plat, is prohibited until
one of the following occurs:
(a)
The developer may submit renewed plans for the
development, which may be required by the municipality to be in accordance
with any changes in the ordinances or specifications which govern
any aspect of the development which have been made during the lapsed
period.
(b)
The governing body may, for good cause shown,
grant an extension of time to complete the lapsed plat.
O. When a final plat is not submitted within one year
of approval of a preliminary plat, approval of said preliminary plat
shall lapse, and no final plat shall be considered until one of the
following occurs:
(1) The developer may submit a renewed preliminary plat,
which may be required by the municipality to be in accordance with
any changes in the ordinances or specifications which govern any aspect
of the development which have been made during the lapsed period.
(2) The governing body may, for good cause shown, grant
an extension of time for the submission of a final plat.
P. When final plats for successive sections of a total
development are submitted, following approval of a development master
plat, such final plats shall be considered in accordance with the
provisions and standards in effect and established for the total development
when the development master plat was approved, provided that the final
plats are submitted within the development time schedule approved
with the master plat.
(1) Any final plat submitted after expiration of the approved
time schedule for that development section shall not be considered
until one of the following occurs:
(a)
The developer may submit a renewed master plat,
which may be required by the municipality to be in accordance with
any changes in the ordinances or specifications which govern any aspect
of the development which have been made during the lapsed period.
(b)
The governing body may, for good cause shown,
grant an extension of time for the submission of that development
section.
(c)
The developer may submit a renewed time schedule
for the entire remainder of the development.
Q. Following approval of any final section plat, after
approval of a development master plat, the developer shall complete
all aspects of the development described in and related to such final
section within a period of three years, unless otherwise established
in the development time schedule. Upon lapse of the three years of
the approved time schedule, further activity by the developer pursuant
to the described development section is prohibited.
(1) Before acting on a final plat, the governing body
may arrange for a public hearing thereon, after giving public notice.
The final plat shall be drawn on reproducible
linen or other reproducible material of equal quality, 17 1/2
inches by 24 inches in size with a two-and-one-half-inch binding border
along the left hand seventeen-and-one-half-inch edge (17 inches by
22 inches in size) at a scale of one inch equals 50 feet and shall
show:
A. Primary control points, approved by the Engineer,
or description and "ties" to such control points, to which all dimensions,
angles, bearings and similar data on the plat shall be referred.
B. Tract boundary lines, right-of-way lines of streets,
easements and other rights-of-way and property lines of residential
lots or parcels in unit, cooperative or condominium subdivisions and
other sites with accurate dimensions, bearing or deflection angles
and radii, arcs, and central angles of all curves.
C. Name and right-of-way width of each street or other
right-of-way.
D. Location, dimensions and purpose of easements.
E. Number to identify each lot or parcel in unit, cooperative
or condominium subdivisions and/or site.
H. Purpose for which sites other than residential lots
or parcels in unit, cooperative or condominium subdivisions are dedicated
or reserved.
I. Building setback lines on all lots or parcels in unit,
cooperative or condominium subdivisions and other sites.
J. Locations and description of survey monuments. All
permanent reference monuments shown by an "X" on the plat.
K. Names of record owners of adjoining unplatted land.
L. Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
M. Certification by a registered surveyor or registered
engineer, licensed in the state of Pennsylvania, certifying to accuracy
of survey and plat.
N. Certification of title showing that the applicant
is the owner of land, agent of the landowner or tenant with permission
of the landowner.
O. Statement by the owner dedicating streets, rights-of-way
and any sites for public uses which are to be dedicated.
P. Proposed protective covenants running with the land,
if any.
Q. Existing and proposed contours at vertical intervals
of five feet or less as determined at the preliminary plat stage.
R. Other data. The final plat shall be accompanied by
the following data and plans as prescribed by the governing body or
as required by the laws of the commonwealth:
(1) Profiles of streets and alleys showing grades.
(2) Typical cross sections of each type of street, minor
street, collector, etc., showing the width of sidewalks, if required,
and location and size of utility mains.
(3) Plans and profiles of proposed sanitary and stormwater
sewers, with grades and pipe size indicated, and a plan of any proposed
water distribution system showing pipe sizes and location of valves
and fire hydrants.
(4) A final erosion and sedimentation control plan, showing
the location and types of erosion and sediment control measures together
with a report, signed by the County Conservation District, indicating
that the plan has been prepared and reviewed as required by the Clean
Streams Law of Pennsylvania, Act 222, July 31, 1970, as amended.
(5) A copy of an application for a permit for earth moving activity or a permit issued and signed by the Department of Environmental Protection as required by the Rules and Regulations, Chapter 102, "Erosion Control," under P.L. 1987, June 22, 1937, as amended (see Section 505-1-C), and Chapter
124, Erosion and Sediment Control, of the Code of the Township of Ridley.
[Amended 12-7-2000 by Ord. No. 1810]
(6) In the case of subdivision and land development plans
proposed for the sale of lots only, the subdivider shall include on
the final plat a covenant with the land assuring the implementation
by the lot owners of the erosion and sedimentation control plan.
(7) A letter from the Department of Environmental Protection
assuring the governing body that all data, plans and information required
by the "Rules and Regulations," Chapter 71, Administration of Sewage
Facilities Act 537, have been submitted to the Department of Environmental
Protection for review and approval of sewage facilities.
(8) Where a developer intends to provide a separate water
supply system to serve more than one dwelling unit, the developer
shall submit with the final plat a copy of a permit issued by the
Department of Environmental Protection, to be filed with the municipality,
for the proposed water supply system.
(9) Such other certificates, affidavits, endorsements,
or dedications as may be required by the governing body in the enforcement
of these regulations.
(10)
Location plan, clearly describing the location
of the tract in the municipality. This plan may appear directly on
the subdivision plan.
Plats of tracts proposed for development in accordance with the provision for planned residential development in Chapter
325, Zoning, shall be processed and the specifications for plat submission shall be as required therein.
Plats for multifamily dwelling, commercial, manufacturing and other nonresidential purposes, as required in §
268-12 herein, shall be identified as site development plans. Such plats shall be submitted and processed in accordance with the provisions herein for preliminary and final land development plats and shall be in accordance with the specifications for such plats.
Plats describing earth moving activities shall
be identified as earth moving activity plans and shall be processed
as follows:
A. When preliminary, final or site development plats
are involved, earth moving activity plans shall be part of such submissions.
B. When earth moving activity plans are submitted separately,
they shall be considered and approved by the Commission in accordance
with the procedure for preliminary plats.
C. Earth moving activity plans shall be generally in
accordance with the applicable specifications for preliminary plats,
adequately and accurately describing the land involved, its location
and surroundings, existing natural features and topography, proposed
uses and structures, finished grading and temporary and permanent
erosion control measures.
(1) Such plats shall include appropriate erosion and sedimentation control plans, in accordance with the provisions of §
268-15B(5) herein.