Final authority for approval or denial of approval
for all preliminary and final subdivision and land development plans
shall be vested in the Board of Supervisors. However, prior to action
by the Board of Supervisors, all such plans shall be referred to the
Township Planning Commission for review and recommendation; provided,
however, that the failure to make such referral and/or the failure
of the Planning Commission to review and/or make a recommendation
with respect to any such plan shall not affect the validity of any
action taken by the Board of Supervisors with respect to any such
plan.
A.
For purposes of procedure, all applications shall
be classified as either "major" or "minor":
(1)
A minor application shall refer to any subdivision
in which:
(a)
No street is to be constructed or widened.
(b)
No other improvement is to be constructed that
requires any form of performance guaranty.
(c)
No earthmoving activities will take place except
those incidental to construction of a single-family dwelling on each
lot.
(d)
No more than five lots are created.
B.
Major applications shall be subject to all review procedures specified in this article and Article V, Plan Requirements and Procedures.
C.
Where an application qualifies as a minor subdivision
under the terms of this section, the applicant may, at his discretion,
seek approval according to the following procedures:
[Amended 6-28-1999 by Ord. No. 2-1999]
Submission of a sketch plan shall be strongly encouraged when a proposed residential development equals or exceeds 15 acres of land, and the applicant is strongly encouraged to discuss community development objectives, arrangement of the development with respect to views of the project from adjacent roads and properties, open space and resource conservation objectives, sewage facilities planning and other relevant matters. In all other cases, sketch plans shall be encouraged. The purpose of the sketch plan is to afford the applicant the opportunity to consult early and informally with the Township Planning Commission before preparation of subsequent preliminary and/or final plans. Sketch plans shall be submitted as per the specific procedures in § 123-16A(2)(a).
Preliminary and final plans shall be submitted and reviewed in accordance with the specific requirements of §§ 123-17 and 123-18. Plans shall be submitted to the Subdivision Officer, who shall forward copies to Township officials, county agencies and any other agencies as specified in §§ 123-17A(1) and 123-18A(1).
Informal review of the sketch plan shall be conducted as promptly as possible by the Planning Commission, and in some cases by the Board, as per § 123-16A(2). Preliminary and final plans shall be reviewed by the Planning Commission and the Board within the maximum time period established by statute as outlined by the specific procedures and timetable in §§ 123-17A(2) and 123-18A(2).
[Amended 10-27-1992 by Ord. No. 2-1992; 8-14-2017 by Ord. No. 6-2017]
Board decisions on preliminary and final plans shall be rendered and communicated to the applicant as per procedures specified in §§ 123-17A(2)(b)[2] and 123-18A(2)(b). Approval of preliminary plans by the Board shall be considered approval of the arrangement and dimensions of streets, lots and other features shown on the plans and may be made conditionally on specified changes to be incorporated into the final plan. The Board shall not approve or deny any preliminary plan until it has received a report from the Chester County Planning Commission or until 30 days have been allowed for the receipt of said report.
Appeals from the actions of the Board with respect
to any application for subdivision or land development approval shall
be governed by the provisions of the Pennsylvania Municipalities Planning
Code, as they may be amended from time to time,[1] or any successor legislation thereto.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
