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:
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.
(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:
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.
(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:
(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.
