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.
[Amended 4-19-2016 by Ord. No. 2016-5]
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Minor Subdivision or Land Development
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Major Subdivision or Land Development
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Preapplication meeting
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Recommended
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Recommended
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Existing resources and site analysis plan (part of sketch plan,
if submitted, and preliminary plan sets)
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Not required
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Required as part of plan submission
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Site visit with Borough representatives
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Recommended
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Recommended
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Pre-plan conference
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Recommended
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Recommended
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Four-step design process
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Not required
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Required as part of plan submission
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Sketch plan
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Recommended
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Recommended
|
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Preliminary plan
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Not required
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Required
|
|
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Landscape architect review
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Recommended
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Required
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Fire Marshal review
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Recommended
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Required
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|
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Conforming plan
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As required by § 181-300J below
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Final plan
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Required
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Required
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Landscape architect review
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Required
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Required
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|
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Fire Marshal review
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Required
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Required
|
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) and as set forth herein.
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 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).
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, and Olde Towne Malvern Design Standards, as applicable,
as well as assessment of relationships to neighboring properties.
(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 in respect to natural and cultural resources.
(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.