In order to discharge the duties imposed by law, the Borough has adopted the procedures set forth herein which shall be observed by all applicants, developers, and their agents.
A. 
Authority for plan approval. Final authority for approval or denial of approval of all subdivision and land development plans shall be vested in the Borough Council in accordance with the procedures set forth herein. Prior to action by the Council, all plans shall be referred for review and recommendation to the Borough Planning Commission, the Borough Engineer, and such other agencies as deemed pertinent by Council or as required by law. However, the failure to make such referral and/or the failure by any reviewing party to review and/or make recommendation with respect to any plan shall not affect the validity of any action taken by the Council with respect to such plan. In addition, in the course of its review, the Borough Planning Commission may solicit review and reports from any entity it considers to be affected by the subject plan.
B. 
Plan classification. For purposes of procedure, all applications filed pursuant to this chapter shall be further classified as either major or minor as defined below:
(1) 
Minor: Any plan providing for a lot line adjustment or rejoining of lots where no land development is proposed, or any subdivision or land development application in which all of the following apply:
(a) 
No public or private street is constructed or is required to be widened; and
(b) 
No public improvement or guarantee thereof is required other than as may relate to on-lot stormwater management systems or sewer or water lines serving an individual lot; and
(c) 
No increase in impervious coverage exceeding 1,500 square feet and no land disturbance exceeding 5,000 square feet shall take place except where incidental to construction or modification of a single-family dwelling; and
(d) 
No more than two lots shall result from any subdivision.
(2) 
Major: Any subdivision or land development application not classified as minor as provided above.
C. 
Overview of plan submission and review process. The following plan review steps represent the approach used in the Borough of Malvern. Plan contents shall be as set forth in Article IV and the number of plan sets to be submitted as specified in the Malvern Subdivision and Land Development Submission Checklist.[1]
[Amended 4-19-2016 by Ord. No. 2016-5]
Minor Subdivision or Land Development
Major Subdivision or Land Development
Preapplication meeting
Recommended
Recommended
Existing resources and site analysis plan (part of sketch plan, if submitted, and preliminary plan sets)
Not required
Required as part of plan submission
Site visit with Borough representatives
Recommended
Recommended
Pre-plan conference
Recommended
Recommended
Four-step design process
Not required
Required as part of plan submission
Sketch plan
Recommended
Recommended
Preliminary plan
Not required
Required
Landscape architect review
Recommended
Required
Fire Marshal review
Recommended
Required
Conforming plan
As required by § 181-300J below
Final plan
Required
Required
Landscape architect review
Required
Required
Fire Marshal review
Required
Required
[1]
Editor's Note: Said checklist is included as an attachment to this chapter.
D. 
Sketch plan required for remaining lands. When an application includes only a portion of a landowner's entire tract, or where lands subject to application are contiguous to an adjoining tract of the same landowner, a sketch layout shall be included showing future potential subdivision or land development of all the contiguous lands belonging to the landowner to ensure that future development may be accomplished in accordance with current codes and with appropriate access. Submission and review of the sketch plan described in this section shall not constitute approval of the future subdivision or land development shown thereon.
E. 
Municipalities Planning Code requirements. Preliminary and final plans shall be reviewed in accordance with the requirements of the Pennsylvania Municipalities Planning Code (MPC)[2] and as set forth herein.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
Site access for purposes of plan review. The owner of the parcel of land to be subdivided or developed shall, as part of initial submission in regard to the subject property, submit a written statement granting the Borough Council, its authorized agents and representatives, the Planning Commission, and the representatives of the County and municipal departments and agencies having responsibility for review and/or approval under this chapter the right to enter the parcel of land for the purpose of inspection and enforcement of the requirements, terms, and conditions imposed herein.
G. 
Plan review by adjacent municipalities.
(1) 
Any plan applications for tracts of land along the municipal boundary shall, at the same time as any plans or supplementary documentation are submitted to the Borough, include submission of one additional complete set of such plans and documentation, which shall be forwarded by the Borough to the adjacent municipality for its comments.
(2) 
The Borough may solicit comments from an adjacent municipality even if the plan is not on the boundary of the Borough, where a plan, in the opinion of the Borough, affects the adjacent municipality, in which case additional plan sets may be required.
(3) 
When comments are solicited from any adjacent municipality, the Planning Commission and the Borough Council shall review the reports from the adjacent municipality as part of the plan review process.
H. 
Required notification of surrounding property owners.
(1) 
All applicants for major subdivision or land development approval shall notify in writing all individuals or entities who own real estate where any portion thereof is adjacent to or within 100 feet of the proposed major subdivision or land development, including property all or partly within adjacent municipalities, of the pendency of such major subdivision or land development proposal.
(2) 
All applicants for minor subdivision or land development approval shall notify in writing all individuals or entities who own adjacent real estate, including property all or partly within adjacent municipalities, of the pendency of such minor subdivision or land development proposal.
(3) 
Notice required under this section shall be made by registered mail to the landowner's last known address, to be mailed within 15 days of the submission of preliminary or final plan submission. The address on the tax rolls shall be considered the last known address. Verification of mailing, including a copy of the names, addresses and tax parcel numbers of each person to whom the notice was mailed, and including copy of appropriate registered mail receipts, shall be given to the Borough within 15 days of submission.
(4) 
Upon adequate verification of compliance with this notification requirement, the Borough shall not be further obligated to provide affected landowners with written notice of subsequent meetings held on the application except as may be required by other provisions of this chapter, other Borough ordinances, or other applicable legal authority. The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of the Borough for which the notice was given.
I. 
Refiling of plans. Any plan which meets any one of the criteria below shall be considered to be a new plan and shall be accompanied by an application, fees and all required information.
(1) 
A plan which is submitted after a previous plan for the same property has been withdrawn shall constitute a new plan.
(2) 
A plan which is submitted after a plan for the same property has been approved or rejected shall constitute a new plan.
(3) 
A plan which is resubmitted during the course of plan review by the Borough and is deemed by the Borough to represent a substantially altered lot layout, street configuration, building location(s) or use, for the same land that was included in a prior plan submission, shall constitute a new plan.
J. 
Conforming plan. Upon the request of the Borough, any applicant shall be required to provide one or more conforming plan(s) as defined in this § 181-300J if the applicant is requesting relief in the form of: (i) any waiver(s) of any provision of the Subdivision and Land Development Ordinance; or (ii) if the application indicates that a variance is required but has not been granted pursuant to the Zoning Ordinance[3] as of the date of the application.
[Added 4-19-2016 by Ord. No. 2016-5]
(1) 
"Conforming plan" shall mean a plan, elevation, section, detail, or calculation (or any combination of the foregoing) which depicts or describes the condition(s) which would result if the proposed plan were implemented in strict conformity with the ordinance (i.e., without the requested waiver or required variance to proceed as proposed).
[3]
Editor's Note: See Ch. 220, Zoning.
The following procedures are to be followed for plans submitted to the Borough of Malvern. The content of required plan submissions is set forth in Article IV.
A. 
Preapplication meeting. While formally optional, it is strongly recommended that a preapplication meeting be held with the applicant for any major subdivision or land development approval and representatives as designated by the Borough, prior to any formal plan submission. The purpose of the preapplication meeting is to introduce the applicant to the Borough's comprehensive plan, design objectives, and zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site visits, meetings and plan submissions as described below. Where required, applicants are also strongly encouraged to present the existing resources and site analysis plan at this meeting. The preapplication meeting is to be initiated by request by the applicant.
B. 
Existing resources and site analysis plan. All applicants for major subdivision or land development approval shall submit an existing resources and site analysis plan (ERSAP) prepared in accordance with the requirements contained in § 181-400. The purpose of this submission is to familiarize Borough representatives with existing conditions on the applicant's property and within its immediate vicinity, to provide a complete and factual reference for making a site visit, and to provide a basis for planning and design consistent with the Borough's natural and cultural resource protection and design objectives. While this analysis is a required component of preliminary plan submission, it is strongly recommended that it be provided prior to scheduling a site visit, as provided below.
C. 
Site visit. After preparing the ERSAP, it is requested that all applicants for major subdivision or land development approval arrange for a site visit of the property by Borough representatives which may include the Borough Engineer and any other staff or consultants as the Borough deems appropriate. It is requested that applicants agree to reimburse the Borough for any reasonable costs charged by Borough consultants in relation to such site visit. It is further requested that applicants distribute copies of the ERSAP to the Borough prior to the site visit. Applicants for minor subdivision or land development approval also are encouraged to arrange for a site visit of the subject property. Applicants are encouraged to accompany Borough representatives. The purpose of the site visit is to familiarize Borough representatives with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of open space, undisturbed areas and landscaped areas, potential locations for proposed buildings and street alignments, stormwater management concepts, and protection of natural and cultural (including historic) resources. Comments made by the Borough or their staff and consultants shall be only advisory and are not binding on either the Borough or the applicant. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site visit or during the sketch plan process.
D. 
Preplan conference. Following the site visit and prior to formal plan submission, it is further strongly recommended that the applicant meet with Borough representatives to discuss the findings of the site visit and to develop or clarify a mutual understanding as to the general approach for subdividing and/or developing the property. At the discretion of the Borough, this conference may be combined with or occur during the site visit.
E. 
Four-step design process. All applicants for major subdivision or land development approval shall use the following four-step design process to assist in determining the most suitable approach to development of the subject site. The layout of lots or development shall be designed such that areas or features identified as being important in the ERSAP or upon site visit are preserved and the areas of secondary importance are used for development. The steps in the four-step design process are as follows:
(1) 
Step 1: Establishment of site context and delineation of resources to be left undisturbed or incorporated into development plans, including public amenities.
(a) 
Proposed site resources and open areas be left undisturbed or specifically incorporated into development plans shall be identified and described based on review and assessment of mapping and other information included in the ERSAP, including woodlands, other significant vegetation, slopes, views, historic resources as relevant. The preapplication conference and the site visit shall be used to discuss and help determine those areas that should have minimal or no disturbance.
(b) 
Special design considerations relative to structural placement, architecture, streetscape and landscape treatment and site amenities shall be identified based on review of the Borough Comprehensive Plan, Zoning Ordinance,[1] and Olde Towne Malvern Design Standards, as applicable, as well as assessment of relationships to neighboring properties.
[1]
Editor's Note: See Ch. 220, Zoning.
(c) 
The open and undisturbed areas identified at this stage of the design process shall include consideration for stormwater management, taking into account areas suitable for groundwater recharge and infiltration wherever feasible.
(2) 
Step 2: Location of structures and alignment of infrastructure: buildings, streets, trails, utilities, and stormwater management.
(a) 
Potential building area(s) and zones of land disturbance shall be identified in a manner which provides for maximal conservation of significant site resources designated in Step 1. Conservation of historic resources may include their incorporation into development plans.
(b) 
An access and circulation plan shall be designed to provide pedestrian and vehicular access to the development which reflects a logical relationship to topographic conditions and neighboring properties, and which minimizes further land disturbance or negative impacts to resource protection objectives.
(c) 
Locations and methods available for providing facilities for water service, wastewater disposal, stormwater management and other utilities, as necessary, shall be defined and indicated.
(3) 
Step 3: Preparation of schematic design, building and conservation plan.
(a) 
Narrative and plans shall be provided as appropriate to indicate the ways in which the applicant proposes to undertake development, as defined in Step 2, in order to implement identified design objectives and respect significant existing features of the land described in the ERSAP and areas designated for nondisturbance in Step 1.
(b) 
Indication of proposed limits to land disturbance on the subject site, including limits to grading and soil disturbance activities.
(c) 
Indication of how proposed limits to land disturbance comply with any applicable disturbance limitations set forth in the Borough Zoning Ordinance[2] in respect to natural and cultural resources.
[2]
Editor's Note: See Ch. 220, Zoning.
(d) 
Description and plans as necessary to demonstrate how existing natural contours and vegetation will be respected.
(e) 
Description of the manner in which stormwater will be captured on site for maximum infiltration. This should indicate that the areas best suited for stormwater infiltration have been selected for that purpose, based on hydrologic soil groups and the stormwater management requirements of this chapter.
(f) 
Description and plans as necessary to indicate building plan including schematic architecture and incorporation of necessary infrastructure, streetscape improvements, landscaping, and site amenities.
(g) 
Description of any historic resources on the site and proposed efforts to preserve their historical integrity, including where incorporated into any building program.
(4) 
Step 4: Drawing lot lines/defining ownership responsibilities. For development where individual lots are proposed, lot lines shall be drawn as required to delineate the boundaries of individual lots and, in all cases, ownership responsibilities shall be defined in a manner which affords implementation of the schematic design, building and conservation plan defined in Step 3.
F. 
Documentation. Applicants shall be prepared to submit maps indicating the findings of each step of the design process, if so requested by the Planning Commission or the Borough Council at the time of preliminary and/or final plan application.
A. 
Purpose and applicability. The purpose of the sketch plan, which is an optional but strongly encouraged submission for all plans, is to afford the applicant the opportunity to consult early and informally with the Planning Commission and the Borough before submission of formal plans (preliminary or final, as applicable) for subdivision or land development approval. The sketch plan is viewed by the Borough as an important, valuable, and highly recommended submittal that can speed the review process and may result in lower costs for the project. It is strongly recommended that all applicants for sketch plan review follow the preapplication planning and design procedures set forth in § 181-301 and, for major subdivision or land development applications, that the sketch plan fully embodies the results of the four-step design process and further articulates the schematic design, building and conservation plan that is part thereof.
B. 
Sketch plan submission and review.
(1) 
Applicant shall submit the minimum number of copies of the sketch plan application to the Borough as specified in the Malvern Subdivision and Land Development Submission Checklist.[1] Submitted applications shall be prepared in accordance with the requirements contained in § 181-401. Applications for major subdivision or land development approval shall be accompanied by the ERSAP and documentation of fulfillment of the four-step design process. Such plans and supporting materials must be filed with the Borough at least 21 calendar days prior to the Planning Commission meeting at which the sketch plan and accompanying materials are to be discussed.
[1]
Editor's Note: Said checklist is included as an attachment to this chapter.
(2) 
Where feasible, and at the request of the Borough upon the recommendation of the Borough Engineer, the sketch plan also shall be submitted to the Borough electronically in the format specified by the Borough Engineer.
(3) 
Copies of the sketch plan application shall be distributed by the Borough to the Borough Planning Commission.
(4) 
The Borough Planning Commission shall review the sketch plan and shall discuss the plan at its next regularly scheduled public meeting subsequent to submission in accordance with § 181-302B(1), above. The Planning Commission's review shall informally advise the applicant of the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter, to Borough planning, design and historic preservation objectives, and to environmentally responsible design, and may suggest possible plan modifications that would increase its degree of conformance. To the extent that sufficient information has been submitted or presented to the Planning Commission, the Commission shall undertake a general review which may encompass but shall not be limited to:
(a) 
The compatibility of the proposal with respect to the objectives and policy recommendations of the Comprehensive Plan, Sewage Facilities Plan (Act 537), Open Space, Recreation and Environmental Resources Plan, Olde Towne Malvern Plan, and other plans as applicable;
(b) 
Consistency with the zoning ordinance;[2]
[2]
Editor's Note: See Ch. 220, Zoning.
(c) 
Compatibility of the plan with the input from the preapplication conference, site visit, ERSAP, and the four-step design process where requested;
(d) 
The location of all areas proposed for land disturbance (streets, foundations, yards, utilities and wastewater disposal systems, storm water management areas, etc.) with respect to notable features of natural or cultural significance as identified on the applicant's ERSAP;
(e) 
The proposed building density and impervious coverage;
(f) 
The potential for vehicular and pedestrian connections with existing streets, other proposed streets, and existing or potential development on neighboring properties;
(g) 
The location of proposed access points along the existing road network;
(h) 
The need for any waivers or modifications from otherwise applicable ordinance standards, including any waivers or modifications which the Planning Commission would recommend in order to permit the proposal to better conform to Borough planning objectives.
(5) 
Prior to making recommendations on the proposed sketch plan, the Planning Commission may request the preliminary input of the Borough's planning and engineering consultants and other Borough commissions or committees where relevant (e.g., Historical Commission), and may hear comments from surrounding or affected landowners present at its public meeting(s). Where requested, and upon agreement of the applicant, all planning and engineering review fees shall be the responsibility of the applicant.
(6) 
The Planning Commission shall set forth its written comments and recommendations in regard to the proposed sketch plan and communicate same to the applicant and to Borough Council within 45 days after receipt of the sketch plan submittal, except where an extension of time is formally granted by an applicant.
(7) 
At a regularly scheduled public meeting after receipt of written comments from the Planning Commission, the Borough Council may consider the written comments of the Planning Commission, Borough engineering and planning consultants, and any other agencies, commissions, committees or individuals deemed to have an interest. The Borough Council may offer opinion(s) in regard to all comment received or other concerns of Council or the applicant.
(8) 
All comments and recommendations made by Borough representatives in regard to sketch plan review shall be considered nonbinding opinions. No comment or recommendation, nor the failure of the Planning Commission or Borough Council, or both, to proceed or act in accordance with this section, shall be deemed to be a decision with respect to any subdivision or land development plan or to vest any rights in the applicant.
A. 
Purpose and applicability.
(1) 
All applicants for major subdivision or land development approval shall submit a preliminary plan application which is a set of documents demonstrating compliance with zoning provisions, showing existing features, proposed street and lot layout, stormwater management facilities and engineering detail sufficient to ensure proper functioning of proposed improvements and sufficient to meet the plan requirements of this chapter. Applicants for minor subdivision or land development approval are not required to submit a preliminary plan application and may proceed with final plan application.
(2) 
It is strongly recommended that all applicants for preliminary plan approval follow the preapplication planning and design procedures set forth in § 181-301, and submit a sketch plan as set forth in § 181-302, prior to formal submission of a preliminary plan application. Applicants are advised that those who choose to submit preliminary plans without taking advantage of preapplication and sketch plan options may incur added engineering expense. Evaluation of planning, design, and ordinance issues, occurring during preapplication and sketch plan review with the Borough, can facilitate the final plan review process by addressing a number of issues at an early stage during plan preparation.
(3) 
The preliminary plan application shall demonstrate conformance to any recommendations made during sketch plan review where a sketch plan has been submitted. The preliminary plan application shall otherwise conform to all information requirements and procedures set forth herein.
B. 
Preliminary plan submission and acceptance for review.
(1) 
The preliminary plan application shall include all information as set forth in § 181-402 of this chapter, specifically including the ERSAP and documentation of fulfillment of the four-step design process where requested by the Borough. Steps which have been satisfactorily completed during the preapplication or sketch plan review stages need not be undertaken again. Submitted plans and accompanying documentation shall be clearly marked "preliminary plans."
(2) 
Applicant shall submit the minimum number of copies of the preliminary plan application, including all required supporting information and materials, to the Borough as specified in the Malvern Subdivision and Land Development Submission Checklist.[1] The complete preliminary plan application shall be filed with the Borough at least 21 calendar days prior to the Planning Commission meeting at which the preliminary plan is first to be discussed.
[1]
Editor's Note: Said checklist is included as an attachment to this chapter.
(3) 
Where specifically requested by the Borough upon the recommendation of the Borough Engineer, plans included in the preliminary plan application also shall be submitted to the Borough electronically in the format specified by the Borough Engineer.
(4) 
No preliminary plan application shall be accepted for review unless the applicant includes required escrow and review fees in accordance with the municipal fee schedule, along with any required fees for the Chester County Planning Commission review.
(5) 
The Borough shall have 10 business days from the date the preliminary plan application is received to determine whether the submission is complete. For a submitted application to be considered complete, all of the documentation required by this chapter shall be included with the application and required escrow and review fees shall be submitted to the Borough.
(6) 
If the submitted preliminary plan application is determined to be complete, it shall immediately upon such determination be accepted for review. If any submitted preliminary plan application is determined to be incomplete, a written statement shall be prepared and provided to the applicant detailing the deficiencies within 10 business days of the date the plans were received by the Borough (the "deficiency report").
C. 
Distribution of preliminary plans. The Borough shall forward the preliminary plan and accompanying documentation as appropriate to other reviewing agencies. Plans are not to be delivered to any reviewing agency by the owner, applicant, developer or agent unless specified by this chapter. After receipt of the required plan sets, application materials, and fees, copies of the plans and application materials will be delivered by the Borough to the Borough staff, boards, commissions and consultants assigned to review the plans, the Chester County Planning Commission, appropriate emergency services representatives, and other agencies as deemed appropriate by the Borough.
D. 
Review of the preliminary plan and rendering of decision.
(1) 
Official review period. The Borough Council shall render a decision in regard to the preliminary plan application not later than 90 days following the date of the next regular meeting of the Borough Planning Commission following the date the application is accepted for review, provided that should the next regular meeting be more than 30 days following acceptance for review, said ninety-day period shall be measured from the 30th day following the day the application is accepted for review.
(2) 
Review by Borough Engineer and other Borough staff and consultants.
(a) 
The review by the Borough Engineer shall include an examination of the content of the plans to assure the following:
[1] 
That all information required by this chapter is presented in the plans submitted;
[2] 
That all other Borough ordinances are complied with;
[3] 
That the four-step design process and sketch plan recommendations have been complied with, where requested by the Borough;
[4] 
That any conditions set forth in any previously approved order of conditional use approval have been complied with, if applicable;
[5] 
That, in the opinion of the Borough Engineer, the various schemes presented for the location, alignment and grade of streets, stormwater management/best management practices, erosion and sedimentation control, physical site constraints, site grading, sanitary sewers, water supply, and any other proposed improvements are feasible from an engineering perspective.
(b) 
The Borough Engineer shall submit his or her written comments to the Borough. All engineering review fees shall be the responsibility of the applicant.
(c) 
The Borough at its discretion may engage additional review by the Borough Engineer, Borough staff, Borough commissions or committees in addition to the Planning Commission where relevant (e.g., Historical Commission), land planning consultant, or other consultants to the Borough to ascertain the accuracy of the preliminary plan and submitted supplementary data or materials, as deemed necessary based on the specific circumstances of the subject application. All additional review fees shall be the responsibility of the applicant.
(3) 
Review by Chester County and other agencies.
(a) 
Chester County Planning Commission. The Chester County Planning Commission will be provided the opportunity as required by the Municipalities Planning Code (MPC)[2] to review and comment on the preliminary subdivision plan.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(b) 
Chester County Health Department. The Chester County Health Department will be provided the opportunity to review and comment on matters relating to requirements for water and sewer systems as applicable.
(c) 
Other agencies. County, state, federal, or other reviewing or regulatory agencies having jurisdiction over all or a portion of the property subject to application will be provided the opportunity to review and comment on permit or other agency-specific matters.
(4) 
Review by the Borough Planning Commission.
(a) 
The Borough Planning Commission shall, at its regularly scheduled public meetings, review the preliminary plan application in accordance with the criteria contained in this chapter and other applicable ordinances of the Borough, with any conditions of approval contained in any applicable order of conditional use approval, with the results of any sketch plan review or discussion and any previously submitted documentation of the four-step design process, and in consideration of the comments submitted to the Borough by the Borough Engineer and any other Borough consultants where applicable. Where not previously requested, the Planning Commission may request that the applicant submit documentation of compliance with the four-step design process. The Planning Commission review shall further include, but is not limited to, those items set forth in § 181-302B(4)(a) through (h) of this chapter.
(b) 
The applicant or designated representative is strongly encouraged to be present at such meeting to provide dialogue with the Planning Commission. The Commission's review shall advise the applicant of the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter and the Borough Zoning Ordinance,[3] any conditions contained within any applicable order of conditional use approval, the need for or acceptability of any waivers or modifications of design standards contained herein, and may include suggested plan modifications that would increase the subdivision's or land development's degree of conformance in order to obtain a Planning Commission recommendation of approval.
[3]
Editor's Note: See Ch. 220, Zoning.
(c) 
Prior to communicating its recommendations to Borough Council regarding any preliminary plan application, the Commission may request the input and/or may review the written comments or testimony of any of the Borough's planning and engineering consultants or other agencies involved in review of the subject plan as provided in § 181-303D(2) and (3) above; it may receive comments from surrounding or affected landowners; and it may also conduct a site visit(s) to facilitate its review.
(d) 
Except where an extension of time is formally granted by the applicant, the Planning Commission shall communicate its comments and recommendations to the Borough Council not less than five business days prior to the last scheduled meeting of Council prior to the expiration of the ninety-day review period. The communication from the Planning Commission to Borough Council shall include any recommended conditions of approval, and shall cite specific sections of this chapter or other reasons relied upon for the Commission's recommendations. Where an extension of time has not been granted by the applicant, failure of the Planning Commission to communicate its recommendations to Borough Council within the prescribed time frame shall not affect the status of the preliminary plan application nor cause any extension of the applicable review period.
(5) 
Review and decision by Borough Council.
(a) 
Following communication from the Borough Planning Commission and prior to the expiration of the ninety-day review period as set forth above, unless an extension of time is formally granted by the applicant, Borough Council shall render a decision in regard to the preliminary plan application.
[1] 
The decision 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.
[2] 
When the application is not approved as filed, the decision shall specify the defects found in the application, describe requirements which have not been met and shall cite the provisions of the statute or ordinance relied upon.
[3] 
When the application is approved with conditions, failure to appeal the conditions imposed by Borough Council within 30 days of the date of approval shall constitute acceptance of the conditions. Nonacceptance of and/or noncompliance with any of the conditions set forth in the approval communication shall void the plan approval and the subject preliminary plan application shall be considered denied.
(b) 
As a condition of preliminary plan approval, Borough Council may require that final plan application for the subject property be submitted within 12 months of the date of preliminary plan approval.
(c) 
Upon approval of the preliminary plan application, the Borough Council shall designate one copy of the preliminary plan as the official copy. This copy shall include all necessary corrections as required by the Borough Council. It shall be retained in the Borough files.
(d) 
Approval of the preliminary plan shall not constitute approval of the final plan or authorize the sale of lots or construction of buildings.
A. 
Purpose. The purpose of the final plan application for subdivision or land development is to demonstrate full compliance with this chapter, with applicable zoning provisions and with all other applicable laws and regulations prior to formal recording of all relevant planning documents and land records, and to ensure long-term proper functioning, maintenance and funding for all proposed improvements.
B. 
Applicability. Upon submission of any final plan application, the Borough shall determine within 10 business days of submission whether the plan is a major or minor plan submission, as defined in § 181-300B.
(1) 
If the application is determined to be a major plan submission, but no preliminary plan application has previously been submitted and approved, the application shall be returned to the applicant or, upon the request of the applicant, submitted for further review as a preliminary plan in accordance with the provisions set forth in § 181-303.
(2) 
If the application is determined to be a major plan submission following a preliminary plan application previously submitted and approved, or if the application is determined to be a minor plan submission, the application shall be retained by the Borough for further review in accordance with the provisions set forth in this section.
(3) 
It is recommended that applicants for final plan approval of a minor plan application, while not required, nevertheless follow the preapplication planning and design procedures set forth in § 181-301, and submit a sketch plan as set forth in § 181-302, prior to formal submission of a final plan application. Evaluation of planning, design, and ordinance issues, occurring during preapplication and sketch plan review with the Borough, can facilitate the final plan review process by addressing a number of issues at an early stage during plan preparation.
(4) 
For any major plan application, the final plan shall conform to the terms of approval of the preliminary plan.
(5) 
For any major plan application, the Borough Council may permit submission of the final plan in sections, consistent with the provisions of § 181-508 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(6) 
All final plan applications shall conform to any conditions set forth in any applicable order of approval for any conditional use, special exception or zoning variance.
C. 
Final plan submission and acceptance for review.
(1) 
The final plan application shall include all information as set forth in § 181-403 of this chapter. Steps which have been satisfactorily completed during the preapplication, sketch plan, or preliminary plan review stages, as applicable, and meet applicable criteria for final plan submission, need not be undertaken again. Submitted plans and accompanying documentation shall be clearly marked "final plans."
(2) 
Applicant shall submit the minimum number of copies of the final plan application, including all required supporting information and materials, to the Borough as specified in the Malvern Subdivision and Land Development Submission Checklist.[2] The complete final plan application shall be filed with the Borough at least 21 calendar days prior to the Planning Commission meeting at which the final plan is first to be discussed.
[2]
Editor's Note: Said checklist is included as an attachment to this chapter.
(3) 
Where specifically requested by the Borough upon the recommendation of the Borough Engineer, plans included in the final plan application also shall be submitted to the Borough electronically in the format specified by the Borough Engineer.
(4) 
No final plan application shall be accepted for review unless the applicant includes any required escrow and review fees in accordance with the municipal fee schedule, along with any required fees for the Chester County Planning Commission review.
(5) 
The Borough shall have 10 business days from the date the final plan application is received to determine whether the submission is complete. For a submitted application to be considered complete, all of the documentation required by this chapter shall be included with the application and required escrow and review fees shall be submitted to the Borough.
(6) 
If the submitted final plan application is determined to be complete, it shall immediately upon such determination be accepted for review. If any submitted final plan application is determined to be incomplete, a written statement shall be prepared and provided to the applicant detailing the deficiencies within 10 business days of the date the plans were received by the Borough (the "deficiency report"). Upon resubmission by the applicant of a complete final plan application adequately addressing the deficiencies noted in the deficiency report, such application shall immediately be accepted for review.
D. 
Distribution of final plans. The Borough shall forward the final plan and accompanying documentation as appropriate to other reviewing agencies. Plans are not to be delivered to any reviewing agency by the owner, applicant, developer or agent unless specified by this chapter. After receipt of the required plan sets, application materials, and fees, copies of the plans and application materials will be delivered by the Borough to the Borough staff, boards, commissions and consultants assigned to review the plans, the Chester County Planning Commission, appropriate emergency services representatives, and other agencies as deemed appropriate by the Borough.
E. 
Review of the final plan and rendering of decision.
(1) 
Official review period. The Borough Council shall render a decision in regard to the final plan application not later than 90 days following the date of the next regular meeting of the Borough Planning Commission following the date the application is accepted for review, provided that should the next regular meeting be more than 30 days following acceptance for review, said ninety-day period shall be measured from the 30th day following the day the application is accepted for review.
(2) 
Review by Borough Engineer and other Borough staff and consultants.
(a) 
The review by the Borough Engineer shall include an examination of the content of the plans to be certain that all information required by this chapter is presented in the plans submitted, that all applicable laws or regulations are complied with, that the final plan conforms with the approved preliminary plan, as applicable, and that any conditions set forth in any previously approved order of approval for any applicable conditional use, special exception, or zoning variance have been complied with. The Borough Engineer shall submit his or her written comments to the Borough. All engineering review fees shall be the responsibility of the applicant.
(b) 
The Borough at its discretion may engage additional review by the Borough Engineer, Borough staff, Borough commissions or committees in addition to the Planning Commission where relevant (e.g., Historical Commission), land planning consultant, or other consultants to the Borough to ascertain the accuracy of the final plan and submitted supplementary data, materials, or documentation, as deemed necessary based on the specific circumstances of the subject application. All such additional review fees shall be the responsibility of the applicant.
(3) 
Review by Chester County and other agencies.
(a) 
Chester County Planning Commission. The Chester County Planning Commission will be provided the opportunity as required by the Municipalities Planning Code (MPC)[3] to review and comment on the final plan submission.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(b) 
Chester County Conservation District. The Chester County Conservation District will be provided the opportunity to review and comment on matters relating to site drainage, control and abatement of soil erosion and sedimentation, stormwater management/best management practices, open space management where applicable, and compliance with NPDES and NPDES Phase II requirements. Input from the Chester County Conservation District may be waived upon the recommendation of the Borough Engineer.
(c) 
Other agencies. Other county, state, federal, or other reviewing or regulatory agencies having jurisdiction over all or a portion of the property subject to application will be provided the opportunity to review and comment on permit or other agency-specific matters as applicable and where not duplicative of any relevant prior review.
(4) 
Review by the Borough Planning Commission.
(a) 
The Borough Planning Commission shall, at its regularly scheduled public meetings, review the final plan application for consistency with any applicable preliminary plan approval and in accordance with the criteria contained in this chapter and other applicable ordinances of the Borough, with any conditions of approval contained in any applicable order of approval of any conditional use, special exception, or zoning variance, with the results of any relevant sketch plan review or discussion and any previously submitted documentation of the four-step design process, and in consideration of the comments submitted to the Borough by the Borough Engineer and any other Borough consultants where applicable.
(b) 
The applicant or designated representative is strongly encouraged to be present at such meeting to provide dialogue with the Planning Commission. The Commission's review shall advise the applicant of the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter and the Borough Zoning Ordinance,[4] any conditions of approval contained in any applicable order of approval of any conditional use, special exception, or zoning variance, the need for or acceptability of any waivers or modifications of design standards contained herein, and may include suggested plan modifications that would increase the subdivision's or land development's degree of conformance in order to obtain a Planning Commission recommendation of approval.
[4]
Editor's Note: See Ch. 220, Zoning.
(c) 
Prior to communicating its recommendations to Borough Council regarding any final plan application, the Commission may request the input and/or may review the written comments or testimony of any of the Borough's planning and engineering consultants or other agencies involved in review of the subject plan as provided in § 181-304E(2) and (3) above; it may receive comments from surrounding or affected landowners; and it may also conduct a site visit(s) to facilitate its review.
(d) 
Except where an extension of time is formally granted by the applicant, the Planning Commission shall communicate its comments and recommendations to the Borough Council not less than five business days prior to the last scheduled meeting of Council prior to the expiration of the ninety-day review period. The communication from the Planning Commission to Borough Council shall include any recommended conditions of approval, and shall cite specific sections of this chapter or other reasons relied upon for the Commission's recommendations. Where an extension of time has not been granted by the applicant, failure of the Planning Commission to communicate its recommendations to Borough Council within the prescribed time frame shall not affect the status of the final plan application nor cause any extension of the applicable review period.
(5) 
Review and decision by Borough Council.
(a) 
Following communication from the Borough Planning Commission and prior to the expiration of the ninety-day review period as set forth above, unless an extension of time is formally granted by the applicant, Borough Council shall render a decision in regard to the final plan application.
(b) 
In acting on the final plan application, the Borough Council may specify conditions, changes, modifications, or additions to the application which the Borough Council deems necessary.
(c) 
All final plan approval shall be subject to the following conditions, as applicable:
[1] 
The applicant shall execute a written agreement in accordance with § 181-701, agreeing with the Borough 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 § 181-701.
[3] 
The applicant agrees, if requested, to tender a deed of dedication to the Borough for such streets, any and all easements for sanitary sewers, water lines, or storm sewers, public open space(s) and public improvements including stormwater basins, street paving, sidewalks, trails, shade trees, streetscape amenities, 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 Borough Engineer. The Borough Council may require that the applicant supply a title insurance certificate or policy (in such amount as the Borough shall reasonably require) from a reputable company before any property is accepted for the Borough.
[4] 
The applicant shall have applied for all required permits from agencies having jurisdiction over ancillary development, such as the Pennsylvania Department of Transportation (PennDOT) and the Pennsylvania Department of Environmental Protection (DEP), the Public Utility Commission, and the Chester County Health Department.
[5] 
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 access permit is required pursuant to Section 420 of Act 428, known as the "State Highway Law."[5] before access to a state road is permitted.
[5]
Editor's Note: See 36 P.S. § 670-420.
(d) 
The decision of Borough Council 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.
[1] 
When the application is not approved as filed, the decision shall specify the defects found in the application, describe requirements which have not been met and shall cite the provisions of the statute or ordinance relied upon.
[2] 
When the application is approved with conditions, failure to appeal the conditions imposed by Borough Council within 30 days of the date of approval shall constitute acceptance of the conditions. Application for any subsequent permit (e.g., building permit) or initiation of any construction in accordance with the approved plan prior to the passage of 30 days shall constitute acceptance of any conditions imposed upon final plan approval. Nonacceptance of and/or noncompliance with any of the conditions set forth in the approval communication shall void the plan approval, and the subject final plan application shall be considered denied.
(6) 
Approved final plan.
(a) 
Upon approval of the final plan application, the Borough Council shall designate one copy of the final plan as the official copy. This copy shall include all necessary corrections as finally approved by Borough Council, shall be certified by the applicant's appropriate professional and shall be endorsed by signature of the applicant, the President of Borough Council, the Borough Secretary and the Borough Engineer. It shall be retained in the Borough files.
(b) 
A minimum of nine copies of the final plan as finally approved, certified and endorsed, as provided above, shall be distributed by the applicant as follows:
[1] 
Nine copies to the Chester County Planning Commission for signing. The County Planning Commission shall keep one copy. Eight copies shall be recorded within 90 days at the Office of the Chester County Recorder of Deeds, consistent with the provisions of Section 513(a) of the Pennsylvania Municipalities Planning Code.[6]
[6]
Editor's Note: See 53 P.S. § 10513(a).
[2] 
The Office of the Chester County Recorder of Deeds shall retain three signed and recorded copies. One recorded copy shall be mailed back to the applicant.
[3] 
Two signed and recorded copies shall be returned to the Borough, together with one copy of all supporting materials.
[4] 
One signed and recorded copy shall be forwarded to the Chester County Health Department.
[5] 
The applicant shall keep two signed and recorded copies.
(c) 
Where specifically requested by the Borough upon the recommendation of the Borough Engineer, the approved final plan also shall be submitted to the Borough electronically in the format specified by the Borough Engineer.