A. 
Hereafter, all preliminary and final subdivision or land development plans shall be reviewed by the Township Planning Commission and the County Planning Commission and shall be approved or disapproved by the Board of Supervisors in accordance with the procedure specified in this Article and in other sections of this chapter. Any application not processed as required hereafter shall be null and void, unless it was made prior to the adoption of these regulations.
B. 
All subdivision applications shall be, for the purposes of procedure, classified as either minor or major as follows:
(1) 
Minor subdivisions are those in which:
(a) 
No road (public or private) is to be constructed or widened.
(b) 
No other improvements (including, but not limited to, walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers or storm drainage facilities) requiring a performance bond or escrow are to be constructed.
(c) 
No earthmoving activities, except those incidental to construction of a single-family dwelling on each proposed lot, will take place.
(2) 
Major subdivisions comprise all other subdivisions and all land developments not involving subdivision.
C. 
Landowners submitting an application for a minor subdivision may elect to submit such application in the form of a final plan, in which event the procedures set forth in §§ 103-12 and 103-13 hereof shall not be applicable. Nothing herein contained, however, shall prevent such landowner from first submitting a sketch plan and/or a preliminary plan. Major subdivision applications shall be subject to all review procedures specified in this article.
D. 
Any person who files an application for preliminary subdivision and/or land development approval, and an application for final subdivision approval for a minor subdivision when no preliminary plan was filed, shall send a written notice to the last known address of all property owners within a five-hundred-foot radius of the property, regardless of whether a roadway or Township boundary intersects such radius. The written notice shall state the name of the applicant, the address of the property proposed to be subdivided or developed, include a map identifying the location of the subject property and provide a brief description of the proposed subdivision and/or land development plans. The applicant shall mail the written notice and map by regular and certified mail, return receipt requested, a minimum of two weeks before the first scheduled Planning Commission meeting where the Planning Commission will consider the application. At the first Planning Commission meeting where the application is reviewed, the applicant shall provide a copy of each notification and map that were sent and the certified mail green cards, if available. The Planning Commission shall not review the application at its public meeting unless the applicant provides such evidence of mailing.
[Added 11-17-2003 by Ord. No. 03-05]
Plans shall be submitted by the Township to the following agencies for review:
A. 
The Chester County Planning Commission. One copy of all plans and referral letters shall be submitted to the Chester County Planning Commission for its review and comment.
B. 
The Chester County Health Department. If a sketch plan is submitted as hereinafter provided, one additional copy shall be submitted to the Chester County Health Department for review of matters relating to adequacy of the site to sustain on-site water and/or sewage disposal systems. One additional copy of the preliminary plan and final plan shall be submitted to the Chester County Health Department for this purpose.
C. 
The Chester County Conservation District. One copy of the preliminary plan shall be submitted to the Chester County Conservation District for review of matters relating to drainage and abatement of soil erosion.
D. 
The applicant shall submit such additional copies of all plans as may be necessary for forwarding by the Township to said county agencies for their reviews.
E. 
Where, by law, submission to a Chester County agency is not mandatory, the Township, in its sole discretion, may elect to waive submission to any one or more of the county agencies.
A. 
A sketch plan for all proposed subdivisions or development of land located within the Township may, at the developer's option, be submitted to the Township Planning Commission for review.
B. 
Such sketch plans may be considered as submitted for informal discussion between the developer and the Planning Commission. Submission of a sketch plan does not constitute submission of an application for approval of a subdivision or land development plan.
C. 
For informational purposes, seven copies of the sketch plan may be submitted to the Township Secretary for distribution to the Township Engineer, Planning Commission, and Board of Supervisors. In addition, the applicant should submit additional copies for review by the Chester County Planning Commission and Chester County Health Department as required by § 103-9.
D. 
In the event that any developer shall intend to make changes in the contour of any land proposed to be subdivided, developed or changed in use by grading, excavating or the removal or destruction of the natural topsoil, trees or other vegetative covering thereon, the developer is strongly urged to consult with the Chester County Soil and Water Conservation District prior to or concurrently with submission of the sketch plan in order to ensure that the proposed subdivision or land development will be compatible with the conservation plan to be submitted.
E. 
If a copy of the sketch plan is distributed to the Township Engineer, Solicitor, or other Township consultant for review and comments, the applicant, owner, subdivider or developer shall place into escrow with the Township at the time of plan submission an amount as set and established from time to time by resolution of the Township's Board of Supervisors which shall be used by the Township in accordance with § 103-53B.
[Added 8-3-1998 by Ord. No. 98-07]
A. 
After receiving the written comments of the Township Engineer and Chester County agencies, the Planning Commission shall consider the suitability of the sketch plan for the development of the land and its relationship to the harmonious extension of streets and utilities, arrangement and density of housing and compatibility of the plan with the Comprehensive Plan for the Township and submit its written recommendations to the Board and the applicant.
B. 
The applicant may, but need not, request further review of the sketch plan by the Board. If further review is requested, the Board, after considering the written recommendations of the Planning Commission, Chester County agencies and Township Engineer, shall advise the applicant as to requested plan modifications it shall deem necessary or advisable.
A. 
The preliminary plan of a proposed development shall be prepared by a registered professional engineer or a registered surveyor in accordance with the Act of May 23, 1945 (P.L. 913, No. 367, 63 P.S. § 148 et seq.), known as the "Engineer, Land Surveyor and Geologist Registration Law," except that this requirement shall not preclude the preparation of a plat in accordance with the Act of January 24, 1966 (1965 P.L. 1527, No. 535, 63 P.S. § 901 et seq.), known as the "Landscape Architects' Registration Law," when it is appropriate to prepare the plat using professional services as set forth in the definition of the "Practice of landscape architecture" under Section 2 (63 P.S. § 902) of that Act. The plat shall bear the seal and signature of such registered professionals and shall be clearly and legibly drawn to a scale of one inch equals 50 feet or a scale approved by the Township Engineer.
[Amended 9-22-1997 by Ord. No. 97-13]
B. 
Copies of the preliminary plan and all required supplementary data shall be initially and officially submitted to the Township Secretary, together with the required fees as prescribed by resolution of the Board. The Township Secretary shall note the date of receipt and shall transmit such plans to the Board of Supervisors, the Township Planning Commission and the County Planning Commission, the county agencies, the Township Engineer and such other persons or agencies as the Board of Supervisors shall determine.
[Amended 4-16-1990 by Ord. No. 90-02]
C. 
Official submission of a preliminary plan to the Township Secretary shall consist of:
(1) 
Three copies of the application for review of preliminary subdivision or land development plan.
(2) 
A sufficient number of copies of the preliminary plan and all supporting plans and information to enable proper distribution and review of the plans.
(3) 
The applicant, owner, subdivider or developer shall place an amount as set and established from time to time by resolution of the Township's Board of Supervisors in escrow with the Township to be used by the Township in accordance with § 103-53B.
[Added 8-3-1998 by Ord. No. 98-07]
D. 
Upon receipt of the above, the Township Secretary shall forward one copy of the application for review, seven prints of the preliminary plan and seven prints of all other required plans to the Township Planning Commission, one copy to each of the Chester County agencies, three prints of the preliminary plan and three prints of all other required plans to the Township Board of Supervisors and one print of the preliminary plan and one print of all other required plans to the Township Engineer, retaining all other data in the Township files.
A. 
Township Planning Commission.
(1) 
The Township Planning Commission shall, within 60 days, review the plan and the recommendations of the county agencies and the Township Engineer, should such recommendation be made.
(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 the following:
(a) 
The Township Supervisors.
(b) 
The applicant.
(3) 
In the event that the applicant submits a revised preliminary plan prior to the Planning Commission's action, the sixty-day time period for action by the Planning Commission pursuant to this subsection shall be recommenced as of the next meeting after submission of the revised plan, and the ninety-day period for action by the Board of Supervisors pursuant to Subsection B(2) below shall likewise be recommenced as of the date of the next Planning Commission meeting after submission of the revised plan. If the revisions are, in the opinion of the Planning Commission, substantial in their aggregate effect, the revised plan shall be again forwarded to the Chester County Planning Commission for additional review.
[Added 3-1-1993 by Ord. No. 93-03]
B. 
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 review and action.
(2) 
In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Township Engineer, the Planning Commission, the Chester County Planning Commission and all other reviewing agencies and comments from public hearings, if any, to determine its conformance to existing ordinances. The Board may alter any subdivision or land development plan and specify conditions, changes, modifications or additions thereto which it deems necessary and may make its decision to grant preliminary approval subject to such conditions, changes, modifications or additions. Notwithstanding the foregoing procedure, the Board shall render a decision on all preliminary 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 or after a final order of court remanding an application, provided that should the next said regular meeting occur more than 30 days following the filing of the application or the final order of the court, said ninety-day period shall be measured from the 30th day following the day the application has been filed. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to the applicant at the last known address not later than 15 days following the decision or the end of said ninety-day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of the Municipalities Planning Code.[1]
[Amended 4-16-2001 by Ord. No. 01-07]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
In the event that the applicant submits a revised preliminary plan after the Planning Commission's action pursuant to Subsection A(1) above (either before or after action by the Board of Supervisors), the revised plan shall constitute a resubmission for purposes of the time limits for Planning Commission and Board of Supervisors action, and the revised plan shall be referred back to the Planning Commission for further review before action is taken thereon by the Board of Supervisors. If the revisions are, in the opinion of the Planning Commission, substantial in their aggregate effect, the revised plan shall be again forwarded to the Chester County Planning Commission for additional review.
[Added 3-1-1993 by Ord. No. 93-03]
A. 
Within one year after approval of the preliminary plan, a final plan and all necessary supplementary data shall be officially submitted to the Township Secretary.
B. 
The final plan of a proposed development shall be prepared by a registered professional engineer or a registered surveyor in accordance with the Act of May 23, 1945 (P.L. 913, No. 367, 63 P.S. § 148 et seq.), known as the "Engineer, Land Surveyor and Geologist Registration Law," except that this requirement shall not preclude the preparation of a plat in accordance with the Act of January 24, 1966 (1965 P.L. 1527, No. 535, 63 P.S. § 901 et seq.), known as the "Landscape Architects' Registration Law," when it is appropriate to prepare the plat using professional services as set forth in the definition of the "Practice of landscape architecture" under Section 2 (63 P.S. § 902) of that Act. The plat shall bear the seal and signature of such registered professional and shall be clearly and legibly drawn to a scale of one inch equals 50 feet or a scale approved by the Township Engineer.
[Amended 9-22-1997 by Ord. No. 97-13]
C. 
The Board of Supervisors may permit submission of the final plan in sections, each covering a reasonable portion of the entire proposed development as shown on the approved preliminary plan, provided that the first final plan section shall be submitted within said one-year period and the last final plan section shall be submitted within three years.
D. 
Failure to make timely submission of final plans renders void a preliminary plan approval, and the applicant shall be required to file a new application for preliminary plan approval.
E. 
Official submission of the final plan to the Township Secretary shall consist of:
(1) 
Three copies of the application for review of final subdivision or land development plan.
(2) 
A sufficient number of copies of the final plan and all supporting plans and information to enable proper distribution and review of the plans.
(3) 
The applicant, owner, subdivider or developer shall place an amount as set and established from time to time by resolution of the Township's Board of Supervisors in escrow with the Township to be used by the Township in accordance with § 103-53B.
[Added 8-3-1998 by Ord. No. 98-07]
F. 
Copies of the final plan and all required supplementary data shall be initially and officially submitted to the Township Secretary. After the required fees have been paid, the Township Secretary shall note the date of receipt and shall then forward seven prints of the final plan to the Township Planning Commission, one print of the final plan to each of the Chester County agencies, three prints of the final plan and one copy of the application for final review to the Township Board of Supervisors and one print of the final plan to the Township Engineer.
A. 
Township Planning Commission.
(1) 
The Planning Commission shall, within 60 days, review the plan and the recommendations of the county agencies, the Township Engineer and any other reviewing agencies.
(2) 
After such meeting, 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 the following:
(a) 
The Board of Supervisors.
(b) 
The applicant.
(3) 
In the event that the applicant submits a revised final plan prior to the Planning Commission's action, the sixty-day time period for action by the Planning Commission pursuant to this subsection shall be recommenced as of the next meeting after submission of the revised plan, and the ninety-day period for action by the Board of Supervisors pursuant to Subsection B(2) below shall likewise be recommenced as of the date of the next Planning Commission meeting after submission of the revised plan. If the revisions are, in the opinion of the Planning Commission, substantial in their aggregate effect, the revised plan shall be again forwarded to the Chester County Planning Commission for additional review.
[Added 3-1-1993 by Ord. No. 93-03]
B. 
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 Board of Supervisors for review.
(2) 
Upon receipt of the Planning Commission's recommendation and other supporting information, the Board shall, at one or more regular or special public meetings, review the final plan and shall, within the time limitations set forth hereinbelow, either approve or disapprove the plan. Notwithstanding the foregoing procedure, the Board shall render a decision on all preliminary 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 or after a final order of court remanding an application, provided that should the next said regular meeting occur more than 30 days following the filing of the application or the final order of the court, said ninety-day period shall be measured from the 30th day following the day the application has been filed. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to the applicant at the last known address not later than 15 days following the decision or the end of said ninety-day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of the Municipalities Planning Code.[1]
[Amended 4-16-2001 by Ord. No. 01-07]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
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 prints, two of which shall be recorded in accordance with § 103-18 to the subdivider.
(b) 
One print to the Township Planning Commission.
(c) 
One print to the County Planning Commission.
(d) 
One print to be retained in the Township files.
(4) 
In the event that the applicant submits a revised final plan after the Planning Commission's action pursuant to Subsection A(1) above (either before or after action by the Board of Supervisors), the revised plan shall constitute a resubmission for purposes of the time limits for Planning Commission and Board of Supervisors action, and the revised plan shall be referred back to the Planning Commission for further review before action is taken thereon by the Board of Supervisors. If the revisions are, in the opinion of the Planning Commission, substantial in their aggregate effect, the revised plan shall be again forwarded to the Chester County Planning Commission for additional review.
[Added 3-1-1993 by Ord. No. 93-03]
C. 
Every final plan approval shall be subject to the following conditions:
(1) 
That the landowner shall execute a subdivision and land development agreement in accordance with § 103-16.
(2) 
The landowner shall execute a performance guaranty or escrow agreement in accordance with § 103-17A.
(3) 
The landowner agrees, if requested, to tender a deed of dedication to the Township for such streets and any and all easement for sanitary sewers, water lines or storm sewers and improvement thereto, including street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements and as are required for the promotion of public welfare, after all streets, sidewalks, sewers and the like 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) 
The submission to the Township of all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as the Pennsylvania Departments of Transportation and Environmental Resources, the Public Utility Commission and the Chester County Health Department.
Every applicant for final plan approval shall execute a form of agreement to be approved by the Township before the final plan is released by the Board of Supervisors and filed of record. The agreement shall specify the following, where applicable:
A. 
That the owner agrees that the owner will lay out and construct all roads, streets, lanes or alleys together with all other improvements, including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space and restriction areas and erosion and sediment control measures in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval, and that the owner shall complete these improvements within the time or times specified by the Board of Supervisors.
B. 
That the owner guarantees completion and maintenance of all improvements by means of the bond or deposit of funds or securities in escrow.
C. 
That the owner agrees to tender a deed or deeds of dedication to the Township for such streets and for such easements for sanitary and storm sewers, sidewalk's, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements, provided that the Township shall not accept dedication of such improvements until their completion is certified as satisfactory by the Township Engineer.
D. 
Whenever a developer proposes to establish or continue a street which is not offered for dedication to public use, the Board of Supervisors shall require the developer to submit, and also to record with the plan, a copy of an agreement made with the Township Supervisors on behalf of the developer and heirs and assigns and signed by the developer, and which shall establish the conditions under which the street may later be offered for dedication and shall stipulate, among other things:
(1) 
That an offer to dedicate the street shall be made only for the street as a whole.
(2) 
That the Township shall not be responsible for repairing or maintaining any undedicated streets.
(3) 
That the method of assessing repair and maintenance costs of undedicated streets be stipulated and shall be set forth in recorded deed restrictions so as to be binding on all successors or assigns.
(4) 
That if dedication be sought, the street shall conform to the Township specifications or that the owners of the abutting lots shall, at their own expense, restore the street to conformance with the Township specifications.
A. 
The landowner shall execute a performance guaranty or escrow agreement to assure the completion of all subdivision or land development improvements shown on the final plan. The cost of such improvements shall be reviewed by the Township Engineer, taking into consideration the existence of likely inflation, the inefficiencies which would be incurred in the event that the developer failed to satisfactorily complete the subdivision or land development improvements and the likely cost of enforcement in event of default. The landowner shall not be required to provide financial security for the cost of any improvements for which financial security is required by and provided to the Commonwealth of Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law."[1]
[1]
Editor's Note: See 36 P.S. § 670-101 et seq.
B. 
Where final plan approval is in sections, the performance bond or escrow may be submitted according to approved sections.
C. 
The escrow agent for the deposit of cash or securities shall be located in Chester County and shall be subject to approval by the Board or shall stipulate in the escrow agreement that it submits to Pennsylvania jurisdiction and Chester County venue in the event of legal action.
[Amended 10-18-1993 by Ord. No. 93-08; 6-5-1995 by Ord. No. 95-01; 4-16-2001 by Ord. No. 01-07]
Upon the applicant's execution of the subdivision and land development agreement and performance guaranty, upon satisfaction of all required conditions and within 90 days of such final approval or the date the approval of the Board of Supervisors is noted on the plan, whichever is later, the Township Secretary shall record, unless otherwise directed by the Board of Supervisors, the final plans on behalf of the applicant and the applicant shall reimburse the Township for all costs of recording.