Township of Willistown, PA Plan Requirements and Procedures

Submission of sketch plan.

Submission of a sketch plan shall be strongly encouraged when a proposed residential development equals or exceeds 15 acres of land. In all other cases, sketch plans shall be encouraged. Submission of a sketch plan does not constitute formal subdivision or land development application.

[Amended 6-28-1999 by Ord. No. 2-1999]

Sufficient copies of the sketch plan may be submitted to the Subdivision Officer for distribution to the Planning Commission and Township Engineer prior to the Planning Commission meeting at which the sketch plan is to be discussed.

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 concurrent 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. The developer is also strongly urged to review other Township ordinances and regulations, including the Zoning Ordinance,[1] the Grading and Sedimentation Control Ordinance,[2] the natural features conservation ordinance (when enacted), the stormwater management ordinance (when enacted) and any and all other relevant Township ordinances, codes and regulations prior to or concurrent with submission of the sketch plan.

Editor's Note: See Ch. 139, Zoning.

Editor's Note: See Ch. 109, Soil Erosion and Sedimentation Control.

Review of sketch plan.

The Planning Commission shall, at a meeting with the applicant, 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. Based on this meeting, the Planning Commission shall submit its written comments to the applicant; provided, however, that the failure of the Planning Commission to submit comments, in writing, shall not be deemed to be an approval of any application or to vest any rights in the applicant.

The applicant may, but need not, request further review of the sketch plan by the Board. If further review is requested, the Board may consider the sketch plan, may consider the written or other comments of the Planning Commission, may meet with the applicant and may advise the applicant as to the Board's comments with respect to the sketch plan; provided, however, that the Board is not required to review the sketch plan nor to submit comments to the applicant if the Board does review the sketch plan.

Nothing herein contained, nor the failure of the Planning Commission or the Board, 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.

Sketch plan content. The sketch plan shall be clearly titled "Sketch Plan," shall be based upon Tax Map information at a scale not less than 50 feet to the inch and shall show the entire tract on one sheet, unless as otherwise approved by the Planning Commission. The sketch plan shall indicate whether conditional use approval will be sought for development in accordance with the underlying zoning and subdivision regulations. Sketch plans shall include the following information:

[Amended 6-28-1999 by Ord. No. 2-1999[3]]

Name and address of the owner/applicant.

Name and address of the applicant's engineer, surveyor, planner, architect or landscape architect, if available.

Approximate tract boundaries.

North point.

(5)

Location map.

(6)

Streets on and adjacent to the tract.

(7)

Topographical and physical features, including contours (minimum ten-foot-zero-inch intervals).

(8)

Proposed general lot, building and street layout.

(9)

In the case of land development plans, proposed general layout, including building locations, parking lots and open spaces.

Editor's Note: This ordinance deleted former Subsection B(3), Scale of sketch and graphic scale, and renumbered former Subsections B(4) through (10) as Subsections B(3) through (9).

§ 123-17 Preliminary plan.

Procedure.

Submission of preliminary plan.

All preliminary plans submitted pursuant to this Part 1 shall conform to the requirements of this Part 1 and shall, in addition, conform to such administrative regulations of the Board as may have been adopted by the Board at any time or from time to time and as shall be in effect and applicable to the submission at the time such submission is initiated. If the Township has designated a form for the submission of subdivision or land development plans, all submissions shall include that form completed by the developer, together with such other plans and materials as may be required.

Official submission of a preliminary plan to the Subdivision Officer shall consist of:

Four copies of the application for review of preliminary subdivision or land development plan on the form designated by the Township for this purpose or, if no such form has been designated, on any form providing the necessary information.

A sufficient number of copies (as specified on the application form) of the preliminary plan and all supporting plans and information to enable proper distribution and review, as required by the Board.

Payment of application fees and deposit of escrow for plan review cost.

Copies of the preliminary plan and all required supplemental data shall be initially submitted to the Township Subdivision Officer, together with the required fees and escrow deposit established in accordance with the terms of this Part 1. The Township Subdivision Officer shall note the date of receipt of the application, fees and escrow deposit. The application shall not be deemed to be submitted until a complete application and the required fees and the required escrow deposit have all been submitted. The Township Subdivision Officer shall make a preliminary review of the application. If the Township Subdivision Officer determines that the application is defective on its face, he shall notify the applicant who may request the return of all submissions for the purpose of correction and resubmission. A request for the return of all submissions shall be deemed to be a withdrawal of the application.

Acceptance; copies of materials; additional reviews and reports.

Upon submission of a complete application, together with all required fees and escrow deposits, the Township Subdivision Officer shall accept the application, plans and other required materials and shall transmit the requisite number of copies of the plans and other required materials to the Township Planning Commission, the Township Engineer and the Township Environmental Advisory Council.[1] In addition, copies shall be transmitted to:

The Chester County Planning Commission (one copy and referral letter).

The Chester County Health Department (two copies and referral letter) for review of matters relating to adequacy of the site to sustain on-site water and/or sewage disposal system.

The Chester County Soil and Water Conservation District (one copy) at the discretion of the Township, for review of matters relating to drainage and abatement of soil erosion. Any costs for such review shall be paid by the applicant.[2]

Editor's Note: Former Subsection A(1)(d)[4], which provided for transmittal of copies to such additional persons or agencies as the Township shall determine, and which immediately followed this subsection, was repealed 10-27-1992 by Ord. No. 2-1992. Former Subsections A(1)(d)[1] through [3] were also renumbered as Subsections A(1)(d)[1][a] through [c], respectively.

Editor's Note: The Environmental Advisory Council, formerly described in Ch. 13, was terminated 5-14-2012 by Ord. No. 1-2012.

The Planning Commission also may solicit reviews and reports from adjacent municipalities, other governmental agencies and other persons or entities that it considers to be affected by the plan.

[Added 10-27-1992 by Ord. No. 2-1992]

Review of preliminary plan.

Township Planning Commission.

The Township Planning Commission shall review all plans referred to it and shall consider any recommendations made by any county agency, the Township Engineer, the Township Environmental Advisory Council[3] and any other persons or entity who shall have submitted comments with respect to any such application.

Editor's Note: The Environmental Advisory Council, formerly described in Ch. 13, was terminated 5-14-2012 by Ord. No. 1-2012.

After such review, the Secretary of the Planning Commission shall send written notice of the action of the Planning Commission and the reasons therefor, citing specific sections of statutes or ordinances relied upon, to the following: the Board of Supervisors; the applicant; and the governing body of any adjacent municipality, if the proposed project includes land in that municipality or directly abuts its boundaries; provided, however, that the sending of such written notice is directory only and not mandatory, and the failure to give the notice required by this subsection or any part thereof shall not vest any rights in the applicant nor cause the application to be deemed to be approved nor invalidate any action taken with respect to the application by the Planning Commission or the Board of Supervisors.

Board of Supervisors.

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.

In acting on the preliminary subdivision or land development plan, the Board shall review the plan, the comments of the Planning Commission, Environmental Advisory Council,[4] Township Engineer, Chester County Planning Commission and all other reviewing agencies and comments from public hearings, if any, to determine conformity of the application to the standards of this and any other applicable ordinance. The Board may specify conditions, changes, modifications or additions to the application which the Board deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications or additions, citing appropriate ordinance provisions upon which the Board relies in specifying such conditions. For the purposes of Section 508 of the Pennsylvania Municipalities Planning Code,[5] the Township Planning Commission is the body which first reviews the application. All applications for approval of a plat, whether preliminary or final, shall be acted upon by the Board of Supervisors and communicated to the applicant within 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that, should said next regular meeting of the Planning Commission occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the day the application is filed.

Editor's Note: The Environmental Advisory Council, formerly described in Ch. 13, was terminated 5-14-2012 by Ord. No. 1-2012.

Editor's Note: See 53 P.S. § 10508.

The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to the applicant at the address for the applicant shown on the subdivision/land development application or, if no such address is shown, at his, her or its last known address not later than 15 days following the decision or at such sooner time as may be required by law.

If the Board shall have approved the application subject to conditions, changes, modifications or additions, the applicant shall have 10 days within which to file, in writing, an acceptance of such conditions, changes, modifications or additions. If no such written acceptance is filed with the Township by the applicant, then the application shall be deemed to have been denied, the reasons for the denial being the failure to meet the requirements of this Part 1 as set forth in the conditions, changes, modifications or additions, together with the citations of the appropriate sections of this Part 1 or other Township ordinances or regulations, and the Board of Supervisors may supplement the reasons for the denial at the meeting of the Board of Supervisors next following the expiration of the ten-day period for acceptance of conditions.

Preliminary plan content. An application for preliminary subdivision or land development approval shall include a plan or plans prepared in accordance with the following drafting standards and including the information hereinafter set forth:

Drafting standards.

The plan shall be drawn to a scale no larger than one inch equals one foot zero inches and no smaller than one inch equals 100 feet.

Dimensions shall be set in feet and decimal parts thereof, bearing in degrees, minutes and seconds (errors of closure shall not be more than one part per 10,000).

Each sheet shall be numbered and shall show its relationship to the total number of sheets.

The plan shall bear an adequate legend to indicate clearly which features are existing and which are proposed.

All plans and surveys shall be prepared in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known as the "Professional Engineers Registration Law."[6]

[Added 10-27-1992 by Ord. No. 2-1992]

[6]

Editor's Note: Said act is now known as the "Engineer, Land Surveyor and Geologist Registration Law." See 63 P.S. § 148 et seq., as amended.

Site design and layout plan contents.

Proposed subdivision of land development name or identifying title.

Name and address of the landowner of the tract or of his authorized agent, if any.

Name and address of the registered engineer or surveyor responsible for the plan. If an architect or landscape architect collaborated in the preparation of the plan, his name and address shall also appear.

Zoning information, including applicable district, lot size and yard requirements, proof of any variance or special exceptions which may have been granted and any zoning boundaries that traverse or are within 300 feet of the tract.

A key map for the purpose of locating the site to be subdivided or developed at a scale of one inch equals not less than 800 feet and of all streets, roads and municipal boundaries existing within 1,000 feet of any part of the property proposed to be subdivided or developed.

Tract boundaries showing bearings and distances.

Total acreage of the tract.

(h)

Original date of preparation, revision dates, North point and graphic scale.

(i)

The names of all owners of all adjacent lands. The names of all proposed and existing subdivisions adjacent and the locations and dimensions of any streets and/or right-of-way easements shown thereon.

(j)

The locations, center-line rights-of-way, limits of easements and dimensions of all existing streets, roads, railroads, sewers and sewage systems, aqueducts, water mains and feeder lines, fire hydrants, all transmission pipelines (gas, oil or other), electric transmission lines, watercourses, buildings, sources of water supply and other significant features within the property or within 400 feet of any part of the property proposed to be developed or subdivided.

[Added 12-15-2014 by Ord. No. 7-2014]

(k)

The locations and widths of any streets or other public ways or places as shown upon an adopted local or county plan, if such plan exists for the area to be subdivided or developed.

(l)

Locations of all historically significant sites or structures on the tract or on any abutting property.

(m)

Locations of walkways and paths (pedestrian, equestrian, bicycle, etc.) that have been in public use, with proposals for their continued protection through easement or otherwise.

(n)

A full plan of the development, showing proposed lot layout with lot dimensions sufficiently detailed to demonstrate to the Township that the proposed layout is mathematically attainable within the parcel being subdivided or developed, and location of areas to be subject to easements of any kind. In addition, where applicable, the preliminary plan for a subdivision or land development shall show proposed building location, location and size of parking lots, provisions for access and traffic control, locations of loading docks and provisions for landscaping and lighting of the site. The plan shall conform to the requirements of the Zoning Ordinance of Willistown Township [7] with regard to use, area and width regulations for the district in which the proposed subdivision or land development is located.

[7]

Editor's Note: See Ch. 139, Zoning.

(o)

Where the preliminary plan submitted covers only a part of the developer's entire holding, a sketch of the prospective future street system of the unsubmitted part shall be furnished; and the street system of the submitted part will be considered in the light of adjustments and connections with future streets in the part not submitted.

(p)

Lots numbered in consecutive order with applicable zoning requirements of lot area and width and the proposed areas and width of each lot.

(q)

In addition to all other requirements, plans for cluster or multifamily developments must also include the following information:

Areas that are proposed to be open or wooded.

Recreational areas.

Agricultural space.

Total dwelling units, number of buildings, proposed density, total parking spaces and bedroom ratio.

(r)

Where subdivision of land is proposed as a part of land development because of the creation of mortgages encumbering less than the entire tract, a plan shall be submitted showing the proposed division of property, including easements for access to all parcels not fronting on public roads. Such easements shall be a minimum of 25 feet wide.

(s)

All applications for preliminary plans shall be accompanied by planning modules for land development provided by the Pennsylvania Department of Environmental Resources, including information with regard to the means of sewage disposal and provision of water supply and, if on-site facilities are contemplated, certain test pit and percolation test information as called for in § 123-40C in order that the Township may have sufficient information to make a determination if the proposed subdivision of land development adequately meets the sewage disposal needs of the Township.

(t)

A statement or certificate by the applicant indicating that the plans are or are not in conformity with engineering, zoning, subdivision, building, sanitation and other applicable Township ordinances and regulations, and if they are not so conforming, the reasons for requesting an exception. Proposed zoning changes shall note the suggested locations of buildings in connection therewith.

Conservation plan. The conservation plan shall comply with the requirements of Chapter 73, Article III, Conservation Plan Requirements, §§ 73-11 to 73-12, of this Code, which are incorporated by reference as if set forth fully herein, as may be amended from time to time in accordance with the procedures set forth in § 123-58 and the Municipalities Planning Code.[8][Amended 11-14-1995 by Ord. No. 9-1995]

[8]

Editor's Note: See 53 P.S. § 10101 et seq.

Improvements to construction plan.

A statement describing proposed public improvements, including streets and gutters, including a typical cross-section diagram of proposed street construction, and including the means of water supply and sanitary drainage to be provided.

A plan or plans showing location, width and names of all proposed streets and street rights-of-way, including all street extensions or spurs as are reasonably necessary to provide adequate street connections and facilities to adjoining developed or undeveloped areas, preliminary profiles for proposed streets, proposed minimum setback lines for each street and location and dimensions of playgrounds, public buildings, public areas and parcels of land proposed to be dedicated or reserved for public use.

Where off-site or community sewer service is anticipated, the preliminary design of sewage systems, including but not limited to the location and grade of sewers, pumping stations, sewer mains and, where applicable, sewage treatment plants, showing the type and degree of treatment intended and the size, capacity and the location of treatment facilities. Also, if required by the Board of Supervisors, the location of a proposed right-of-way not less than 30 feet in width along natural watercourses and where otherwise necessary in order to permit the Township to construct and maintain sanitary and storm sewers as and when required.

Where off-site or community water service is anticipated, the preliminary design of water distribution facilities, including the size and location of water mains, fire hydrants, storage tanks and, where appropriate, wells or other water sources.

A preliminary stormwater management plan showing the designs for adequate surface and storm drainage and for protection against sedimentation and erosion, pursuant to §§ 123-44 and 123-45 of this Part 1 and as required by Willistown Township Ordinance No. 8-1974 relating to sedimentation and erosion control.[9] Upon enactment by the Township of a stormwater management ordinance, if an application or subdivision or land development is required to comply with the terms of that ordinance, then no stormwater management plan, preliminary or final, need be submitted as part of the subdivision or land development application, provided that all of the information which would otherwise be required by this subsection shall also be included in the plans submitted in connection with the stormwater management ordinance, in addition to any other information required by that ordinance. Such plan submitted in connection with the stormwater management ordinance shall be submitted concurrent with the preliminary plan application submitted pursuant to this Part 1.

[9]

Editor's Note: See Ch. 109, Soil Erosion and Sedimentation Control.

If land to be subdivided lies partly in another municipality, the applicant shall submit information concerning the location and design of streets, layouts and size of lots and provisions of public utilities on land subject to his control within the adjoining municipalities. The design of public improvements shall provide for a smooth, practical transition where specifications vary between municipalities. Evidence of approval of this information by appropriate officials of the adjoining municipalities shall also be submitted.

§ 123-18 Final plan.

Procedure.

Submission of final plan.

Within one year after approval of the preliminary plan or within such other time as the Board of Supervisors may provide or the laws of the Commonwealth of Pennsylvania may permit [see Section 508(4) of the Pennsylvania Municipalities Planning Code[1]], a final plan and all necessary supplemental data shall be submitted to the Subdivision Officer. The final plan shall conform to the approved preliminary plan.

Editor's Note: See 53 P.S. § 10508(4).

In addition to the terms of this article, subject to the requirements of Section 508(4) of the Pennsylvania Municipalities Planning Code and any other applicable law of the Commonwealth of Pennsylvania, the final plan shall conform to the most recent administrative regulations adopted by the Board of Supervisors for such purposes.

If the preliminary plan shall have provided for development in sections in accordance with Section 508(4) of the Act, then the provisions thereof shall apply. Otherwise, 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 of preliminary plan approval.

Unless the filing deadlines as set forth above are waived or extended by the Board, failure to make timely submission of a final plan shall void the preliminary plan approval or such portion thereof as shall have not yet then received final plan approval.

Official submission of a final plan to the Subdivision Officer shall consist of:

Four copies of the application for review of final subdivision or land development plan on the form designated by the Township for this purpose or, if no such form has been designated, on any form providing the necessary information.

A sufficient number of copies (as specified on the application form) of the final plan and all supporting plans and information to enable proper distribution and review, as required by the Board.

Payment of application fees and deposit of escrow for plan review cost.

Copies of the final plan and all required supplemental data shall be initially submitted to the Township Subdivision Officer, together with the required fees and escrow deposit established in accordance with the terms of this Part 1. The Township Subdivision Officer shall note the date of receipt of the application, fees and escrow deposit. The application shall not be deemed to be submitted until a complete application and the required fees and the required escrow deposit have all been submitted. The Township Subdivision Officer shall make a preliminary review of the application. If the Township Subdivision Officer determines that the application is defective on its face, he shall notify the applicant, who may request the return of all submissions for the purpose of correction and resubmission. A request for the return of all submissions shall be deemed to be a withdrawal of the application.

Acceptance; copies of materials; additional reviews and reports.

Upon submission of a complete application, together with all required fees and escrow deposits, the Township Subdivision Officer shall accept the application, plans and other required materials and shall transmit the requisite number of copies of the plans and other required materials to the Township Environmental Advisory Council.[2] In addition, copies shall be transmitted to:

The Chester County Planning Commission (one copy and referral letter).

The Chester County Health Department (two copies and referral letter) for review of matters relating to adequacy of the site to sustain on-site water and/or sewage disposal system.

Editor's Note: Former Subsection A(1)(g)[4], which provided for transmittal of copies to such additional persons or agencies as the Township shall determine, and which immediately followed this subsection, was repealed 10-27-1992 by Ord. No. 2-1992. Former Subsections A(1)(g)[1] through [3] were also renumbered as Subsections A(1)(d)[1][a] through [c], respectively.

Editor's Note: The Environmental Advisory Council, formerly described in Ch. 13, was terminated 5-14-2012 by Ord. No. 1-2012.

The Planning Commission also may solicit reviews and reports from adjacent municipalities, other governmental agencies and other persons or entities that it considers to be affected by the plan.

[Added 10-27-1992 by Ord. No. 2-1992]

(h)

Where the final plan is for a minor subdivision, the requisite number of copies shall be submitted to the Chester County Planning Commission and other applicable agencies for their review as would be required of a preliminary plan pursuant to § 123-17A above.

Review of final plan.

Township Planning Commission.

The Planning Commission shall review the final plan submitted and the recommendation of the Environmental Advisory Council,[4] the Township Engineer and any other reviewing agency submitting comments.

Editor's Note: The Environmental Advisory Council, formerly described in Ch. 13, was terminated 5-14-2012 by Ord. No. 1-2012.

After such review, the Secretary of the Planning Commission shall send written notice of the action of the Planning Commission and the reasons therefor, citing specific sections of statutes or ordinances relied upon to the Board of Supervisors and to the applicant and to the governing body of any adjacent municipality if the proposed project includes land in that municipality or directly on its boundaries; provided, however, that the failure to give the notice required hereunder, or any part thereof, shall not vest any rights in the applicant nor cause the application to be deemed to be approved nor invalidate any action taken by the Planning Commission or the Board of Supervisors.

Board of Supervisors.

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.

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.

The decision of the Board shall be in writing and shall be rendered and communicated 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, provided that, should said next regular meeting of the Planning Commission occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the date the application is filed.

The decision of the Board shall be communicated to the applicant personally or mailed to the applicant at the address of the applicant shown on the application or, if no such address is shown, at the last known address for the applicant not later than 15 days following the decision, but, nevertheless, within the time period set forth above.

If the decision of the Board approves the plan but includes conditions (which conditions may change, add to or delete from the final plans as submitted), then the applicant shall file an acceptance of conditions, in writing, with the Township within 10 days of the date on which the decision was made by the Board. If the applicant should fail to file, in writing, an acceptance of conditions within the time period allowed, then the final plan shall be deemed to have been disapproved and the conditions shall be deemed to state the reasons for such disapproval, together with such citations to appropriate sections of this Part 1 or other statutes or ordinances as may be applicable, and the Board may supplement the reasons for the denial and add additional citations at the meeting of the Board of Supervisors next following the expiration of the period allowed for acceptance of conditions.

[6]

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:

At least three copies, two of which shall be recorded in accordance with § 123-18A(5) to the applicant.

One copy (Mylar) to the Township Subdivision Officer.

One copy to the County Planning Commission.

One copy to the County Health Department.

[e]

Two copies to be retained in the Township files, together with one copy of all supporting materials.

Every final plan approval shall be subject to the following conditions:

That the landowner shall execute a subdivision and land development agreement in accordance with § 123-18A(3).

The landowner shall execute a performance guaranty or escrow agreement in accordance with § 123-18A(4).

The landowner agrees if requested to tender a deed of dedication to the Township for such streets, any and all easements for sanitary sewers, waterlines or storm sewers and improvements 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.

Whenever the land is providing open space as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the landowner and the Township, or an organization acceptable to the Township, and shall run to the benefit of the Township and lot purchasers in the subdivision or land development.

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 Pennsylvania Departments of Transportation and Environmental Resources, Public Utility Commission and Chester County Health Department.

Plan expiration.

[Added 11-27-2017 by Ord. No. 8-2017]

A condition of plan approval shall be the acceptance of the plan expiration procedure enumerated herein. Applicants shall agree, in writing, to this procedure as part of final plan submission. Should the applicant wish to appeal this provision to the Planning Commission and Board of Supervisors, such appeals must also be made, in writing, at the time of plan submission and shall indicate the reasons why the procedure should not apply to them. No final plan shall be approved without written correspondence accepting the plan expiration date or providing an adequate explanation why an expiration date is not warranted.

A final plan expires three years after the date of its approval unless:

The Board of Supervisors approves a later expiration date when it approves the plan;

For a subdivision plan involving no improvements, the plan is recorded within 90 days of final approval;

For a land development plan, the plan is recorded prior to or within one year of its expiration, financial security is posted for the improvements per the requirements of plan approval and site work is commenced within the three-year approval period and diligently pursued to completion; or

The Township Zoning Officer extends the expiration date under Subsection A(2)(d)[3].

An applicant may request that the Township Zoning Officer extend the expiration date of a final plan by filing a written request and justification before the expiration date.

The Township Zoning Officer may extend the expiration date of the plan once for a period of two years if he/she determines:

[i]

There is good cause for the extension;

[ii]

There has not been a significant change in circumstances involving the property or the neighborhood affecting the plan; and

[iii]

There is no deviation from the approved plan on file.

Reasons for not extending the expiration date of the final plan include changes in circumstances, as well as, but not limited to:

[i]

Compatibility with adjacent uses. The proposed improvements of the property are no longer compatible with the later improvement of immediately adjacent properties.

[ii]

Impact upon public services. The impact of the use now exceeds the existing or planned capacity of public services, including, but not limited to, utilities, streets, police and fire protection services, and educational services.

[iii]

Traffic impacts. The use creates adverse traffic impacts.

[iv]

Impact upon the environment and the public health, safety, and welfare. The use will be detrimental or injurious to the environment or the public health, safety, and welfare due to traffic, noise, vibration, smoke, fumes, odors, dust, glare, light, drainage, topographic changes or other adverse impacts.

[v]

Isolation of existing uses. Extending the expiration date will result in a small residential or nonresidential area being substantially surrounded by incompatible uses.

[vi]

Site modifications. Modifications made in intervening years to the proposed site significantly change the physical characteristics of the site and render components of the approved plan invalid.

[vii]

Changes in environmental or land use laws that impact the legality of the final plan.

[viii]

Changes in the Township's comprehensive plan, land use or other regulations, and/or creation of a special study area plan that directly impact the property in question and could make the final plan unworkable, impracticable, or inconsistent with Township policies.

An applicant may appeal the Township Zoning Officer's decision under this subsection to the Township Planning Commission for recommendation and to the Board of Supervisors for decision.

The Township Zoning Officer shall give notice of the Planning Commission's and Board of Supervisor's consideration of an appeal at the Township website.

[e]

The Board of Supervisors shall consider the appeal at a regularly scheduled public meeting before acting.

[f]

An appeal may be granted only by the Board of Supervisors.

If the Board of Supervisors approves a different expiration date, the earlier date no longer controls.

Subdivision and land development agreements. The applicant shall execute agreements as follows in the form and with such terms and conditions as approved by the Township before the final plan is released by the Board to be filed of record. Said agreements shall specify the following, where applicable:

That the owner agrees that he will lay out and construct all roads, streets, lanes or alleys, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, street rights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space and restriction areas, 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 he shall complete these improvements within the time or times specified by the Board of Supervisors.

That the owner guarantees completion and maintenance of all improvements by means of a corporate surety bond or deposit of funds or government securities in escrow, irrevocable letter of credit or other type of financial security acceptable to the Township.

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, sidewalks, 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.

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 himself and his heirs and assigns, and signed by him, and which shall establish the conditions under which the street may later be offered for dedication, and shall stipulate, among other things:

That an offer to dedicate the street shall be made only for the street as a whole.

That the Township shall not be responsible for repairing or maintaining any undedicated streets.

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.

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.

Performance guaranties.

Unless the applicant shall complete the installation of all subdivision improvements (including both public and private improvements) prior to final subdivision approval, the applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all subdivision improvements (including both public and private improvements) and common amenities, including but not limited to streets and roads, walkways, curbs, gutters, streetlights, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in § 123-18A(4)(f) hereof, water mains and other water supply facilities, fire hydrants and sanitary sewage disposal facilities.

Financial security required herein shall be in the form of a federal or commonwealth chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company or such other type of financial security which the Township may, in its reasonable discretion, approve. The bonding company may be chosen by the party posting the financial security, provided that said bonding company or lending institution is authorized to conduct business within the commonwealth, and shall stipulate that it submits to Pennsylvania jurisdiction and Chester County venue in the event of legal action.

Said financial security shall provide for and secure to the public the completion of all subdivision improvements for which such security is being posted on or before the date fixed in the Board's formal action of approval or accompanying agreement for completion of the improvements. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer, licensed as such in Pennsylvania, and certified by such engineer to be a fair and reasonable estimate of such cost. The Board, upon recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be determined in accordance with the terms of Section 509(g) of the Municipalities Planning Code.[5]

[Amended 10-27-1992 by Ord. No. 2-1992]

Editor's Note: See 53 P.S. § 10509(g).

The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion of the required improvements, estimated as of 90 days following the date scheduled for completion by the developer. The Township may adjust annually the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with the terms of this section. If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security shall be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period of using the above bidding procedure.

[Amended 10-27-1992 by Ord. No. 2-1992]

In the case where development is projected over a period of years, the Board of Supervisors may authorize subdivision of final plans by section or stages of development, subject to such requirements or guaranties as to improvements in the future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the municipality, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.

As the work of installing the required improvements proceeds the party posting the financial security may request the Board of Supervisors to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Board of Supervisors may, prior to final release at the time of completion and certification by the Township Engineer, require retention or 10% of the estimated cost of the aforesaid improvements. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board of Supervisors his independent evaluation of the proper amount of partial releases.

(5)

Recording of final plan. Within 90 days of the applicant's execution of the subdivision and land development agreement and performance guaranty, the final plan shall be recorded by the applicant in the office of the Recorder of Deeds of Chester County. No such plan shall be accepted for recording without official notification of approval by the Board of Supervisors and of review by the Chester County Planning Commission. If such plan should fail to be recorded within the specified period of time, and the time for recording the plan has not been extended by the Board of Supervisors, then the approval thereof shall be considered null and void. The Board may, however, reinstate approval of the plan and authorize its recording where, following expiration of the ninety-day period, there have been no significant changes to relevant ordinance provisions or to other circumstances relevant to the proposed plan. Conversely, if the Board finds that such changes have occurred, its original approval shall continue to be null and void.

[Amended 10-27-1992 by Ord. No. 2-1992]

(6)

Commencement of development.

Unless the applicant completes the installation of all subdivision improvements (both public and private) prior to final subdivision approval, no construction activities (including earthmoving activities, but not including soil or percolation testing, well drilling or similar engineering or surveying activities) shall be commenced until the applicant submits to the Township Secretary a copy of the Recorder of Deeds' receipt for recording of the final plan.

No application for a zoning permit under the Township Zoning Ordinance[6] shall be submitted, and no zoning permit under the Township Zoning Ordinance shall be issued for any building in any subdivision or land development, and no work shall be done on any building in any subdivision or land development, until the final plans for said subdivision or land development have been approved as provided for and until the other applicable terms of this § 123-18 hereof have been satisfied. Further, where final subdivision and land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no zoning permit shall be issued for construction on any such lot until this condition has been complied with.

[Amended 7-19-2004 by Ord. No. 6-2004]

[6]

Editor's Note: See Ch. 139, Zoning.

No water system or sewer system, including extensions to existing or proposed Township systems or new systems employing sewage treatment plants, shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Resources or from federal or local agencies, as required.

Final plan content.

Drafting standards.

The subdivision or land development plans submitted for review for final approval shall be clear and legible black- or blue-on-white prints of the drawings. Upon completion of review, and for signature by the Board, clear reproducible prints of all plans shall be submitted. Space shall be provided for signatures by the Board on the face of the plans.

Final plans shall be on sheets not larger than 34 inches by 44 inches overall. It is recommended that, as far as practicable, final plan sheets be held to the following overall sizes: 17 inches by 22 inches, 22 inches by 34 inches, 34 inches by 44 inches. Where necessary to avoid sheets larger than the maximum size prescribed above, final plans shall be drawn in two or more sections, accompanied by a key diagram showing relative location of the sections. The scale shall not be less than 100 feet to the inch or more than one foot to the inch. All dimensions shall be shown in feet and hundredths of a foot.

All plans and surveys shall be prepared in accordance with the Act of May 23, 1945 (P.L. 913, No. 367), known as the "Professional Engineers Registration Law."[7]

[Added 10-27-1992 by Ord. No. 2-1992]

[7]

Editor's Note: This is now known as the "Engineer, Land Surveyor and Geologist Registration Law." See 63 P.S. § 148 et seq., as amended.

General site design and layout plan. Final plans shall conform in all important details to preliminary plans, including any conditions specified by the Board. The following shall be submitted:

All information required in § 123-17B(2)(a) through (q).

Sufficient data to determine readily the location, bearing and length of every lot and boundary line and to produce such lines upon the ground, including all dimensions, angles or bearings of the lines and areas of each lot and of each area proposed to be dedicated to public use. The gross and net area of the tract shall be included.

The plan for lots within a subdivision shall show the proposed house numbers and all named streets as approved by the Township and house numbers as assigned by the Township.

Location of permanent reference monuments.

A certificate of title showing the ownership of the land to be vested in the subdivider or other applicant for plan approval.

A statement duly acknowledged before an officer authorized to take acknowledgments of deeds and signed by the owner or owners of the property, to the effect that the subdivision or land development shown on the final plan is made with his or their free consent and in accordance with his or their desires.

All offers of dedication and covenants governing the reservation and maintenance of undedicated open space which shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.

(h)

A copy of such private deed restrictions, including building setback lines, as may be imposed upon the property as condition to sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided. Such restrictions shall be satisfactory to the Supervisors.

(i)

Such certificates of approval (or of preliminary approval) by proper authorities of the state as may have been required by the Supervisors or by this Part 1.

(j)

Certification of the engineer, land surveyor, landscape architect or land planner who prepared the plan that the plans are in conformity with zoning, building, sanitation, subdivision and other applicable Township ordinances and regulations. In any instance where such plans do not conform, evidence shall be presented that an exception has been officially authorized.

A conservation plan, as stipulated in § 123-17B(3), if required, which plan shall be consistent with the terms of preliminary plan approval, modified as necessary to reflect the proposal for final approval.

Improvements construction plan. Where public improvements other than monuments and street traffic signs are to be required for any land development, an improvements construction plan and specifications pre-pared by a registered professional engineer shall be filed, setting forth the nature and location of the work and all engineering data necessary for completion of the work. The improvements construction plan and specifications shall be subject to approval by the Board of Supervisors as a prerequisite to approval of the final plan. The improvements construction plan shall conform to the following standards and shall contain the following information:

The improvements construction plan shall be at one of the following scales:

Horizontal:

One hundred feet equals one inch.

Fifty feet equals one inch.

Vertical:

Ten feet equals one inch.

Five feet equals one inch.

Where streets are proposed for dedication, a plan is required of street profiles and cross sections incorporating the following information:

The profile plan shall show the vertical section of the existing grade and proposed grade along the center line of the proposed street. Where storm drainage and/or sanitary sewer lines are to be installed, they shall also be indicated on the profile plan.

A typical cross section of street construction shall be shown on the profile plan and shall indicate the following:

Right-of-way width and the location and width of paving within a right-of-way.

Type, thickness and crown of paving.

The location, width, type and thickness of sidewalks to be installed, if any.

Typical location, size and depth of any underground utilities that are to be installed in the right-of-way where such information is available.

[e]

Curbs, as required by the design standards.

If required, a plan for location and type of streetlights to be installed, together with the necessary contract for streetlight installation for approval by the Township.

Where off-site or community sewer service is to be provided, the final design of all facilities, including but not limited to sewer mains, manholes, pumping stations and sewage treatment facilities.

Where off-site or community water service or central water supply is to be provided, the final design, including location and size of all water service facilities within the subdivision, shall be shown, including wells, storage tanks, pumps, mains, valves and hydrants. The plan shall contain a statement that the placement of fire hydrants and the components of the system have been reviewed by the Fire Marshall and that both are compatible with the fire-fighting methods and equipment utilized by the local fire company.