Township of Westtown, PA Article III Application Procedures

§ 149-300 Land and use requirements.

A. All proposed subdivisions and/or land developments shall comply with the existing zoning regulations applicable to the land, and no parcel of land shall be created, either by inclusion or exclusion from a proposed subdivision, which cannot be properly utilized for a permitted use under the existing zoning regulations.

B. Land subject to hazards to life, health or property, such as may arise from fire, floods, disease or other cause, shall not be subdivided for building purposes or developed unless the hazards have been eliminated or unless the plans show adequate safeguards against them.

C. No subdivision or land development shall be approved unless the applicant has demonstrated to the Township an adequate method of sewage disposal and water supply.

D. No basement, cellar or slab foundation shall be constructed in a floodplain.

E. Proposed developments shall be coordinated with existing nearby neighborhoods with particular reference to street layout, future extensions of utilities and street rights-of-way so that the community as a whole may develop harmoniously.

F. Consideration shall be shown for all existing natural features such as large trees, tree masses, steep slopes, floodplains, wetlands, open space and other environmentally sensitive areas and for other community assets.

[Amended 7-22-2002 by Ord. No. 2002-5]

G. All individual on-site sewer systems shall be located on the lot they shall serve.

§ 149-301 Compliance.

A. Except as described in Subsection B below, no subdivision of any lot, tract or parcel of land shall be effected and no street, alley, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting or to abut thereon, except in strict accordance with the provisions of these regulations.

B. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres that does not involve any new street or easement of access or any residential dwellings shall be exempted from the subdivision approval requirements of this chapter. The applicant shall submit a site plan to the Township showing the area affected by such lease. The Township may require a deed restriction or conservation easement to ensure that any future street, access or construction of nonagricultural buildings will require approval under this chapter.

[Amended 7-22-2002 by Ord. No. 2002-5]

C. All proposed subdivision and/or land development plans shall be reviewed by the Westtown Township Planning Commission, the Chester County Planning Commission and the Township Engineer, and shall be approved or disapproved by the Board of Supervisors in accordance with the procedures specified in this chapter. Any application not processed as required shall be null and void.

§ 149-302 Applicability.

The following transactions require approval:

A. Any division of land with new streets or easements.

(1) Where zoning boundaries are divided by a public street, the zoning districts shall be considered noncontiguous.

[Added 7-22-2002 by Ord. No. 2002-5]

B. The splitting of a lot or tract of ground into two or more lots where there are no new streets or easements.

C. Realignment of lot lines for any purpose.

D. Mortgage on less than the whole tract of land.

E. The divisions of parcels of land owned by the same owners on either side of a private or public road (or separated by the construction of a public road) and/or parcels of land made up of two or more individual parcels that have been bought or secured separately, perhaps even from a different source and at different times, so long as they are contiguous, shall be considered a single parcel of ground.

F. Divisions of interest for the future, anything that establishes a future pattern of action, that by all normal processes establishes a de facto division; or anything that locates or establishes the need for future property lines, easements and/or rights-of-way.

G. Division of use and division of possession of property by long-term lease rather than by deed (such as ninety-nine-year lease).

H. A land development as defined in this chapter.

I. Any other activity required to comply with this chapter by Chapter 170, Zoning.

§ 149-303 Resubdivision procedure.

A. The Board of Supervisors, upon the recommendation of the Township Engineer and/or Planning Commission, shall be solely responsible for review and approval of resubmissions involving lot line changes. If major street changes or other modifications to easements or rights-of-way are involved, the County Planning Commission shall be notified and its recommendations considered.

B. In making any alterations, the following shall be observed:

(1) No lot or tract of land shall be created that is smaller than the minimum dimensions required by Chapter 170, Zoning.

(2) No lot shall be created which does not abut a street.

(3) The character of the area shall be maintained.

C. In every case, the applicant shall prepare a record plan and submit said plan for the endorsements of the Township Engineer and/or Planning Commission and the Board of Supervisors, identifying the previous record plan, and shall record the revised plan.

§ 149-304 Waiver.

Where a request is clearly consistent with the purpose and intent of this chapter, the Board of Supervisors shall have the authority to waive or modify any portion or section of this chapter where the applicant proves, to the satisfaction of the Board of Supervisors, any of the following:

A. The requirement would pose an undue and unreasonable hardship on the owner and on the development of the land; or

B. The modification or waiver would clearly be in the public interest by showing that the development would clearly be superior to what would occur if the provision was strictly enforced; or

C. The requirement shall not apply because of the peculiar individual characteristics of a particular area of land; or

D. The applicant agrees to use an alternative standard specification which is acceptable to the Township.

§ 149-305 Modification of requirements for flexible development.

[Added 7-22-2002 by Ord. No. 2002-5]

A. In addition to the authority granted in § 149-304, the Board of Supervisors shall have the authority to modify specific requirements of this chapter for a flexible development in any of the following cases:

(1) To result in a higher quality site design, including a design that is more pedestrian-friendly, encourages lower speed traffic on residential streets and/or promotes patterns of development similar to traditional villages.

(2) To minimize adverse impacts upon important natural features, scenic views and historic buildings.

B. Any modification under this § 149-305 shall be offered to the Planning Commission and Township Engineer for review and approved in writing by the Board of Supervisors. Any request shall be in writing and shall state the specific modification that is requested, the section number involved and the reasons for the request.

C. Allowed modifications. A modification under this section may include, but is not limited to the following:

(1) Reduction in the minimum horizontal curve radius of streets to promote lower speed traffic.

(2) Variations in the design of cul-de-sac street ends.

(3) Reduction of street cartway widths, considering the expected traffic volumes, on-street parking and traffic speeds.

(4) Provisions for alleys to provide rear access to properties.

(5) Modification of § 149-910B. to allow reduced grading in a street right-of-way to preserve trees.

(6) Allowance of roadside drainage swales without curbing where curbing is not necessary for stormwater management reasons.

(7) Variations in landscaping and buffer yard requirements that still achieve a similar effect to what would otherwise be required.

(8) Allowance of shared driveways where necessary to minimize impacts upon natural resources and to manage traffic access onto through streets.

(9) Allowance of flag lots where necessary to minimize impacts upon natural resources.

D. Deferral of submission requirements. For an application for a flexible development, an applicant may defer the submittal of the following specific detailed engineering information until the final plan submission if the applicant commits to not construct any improvements, conduct any grading nor remove any trees until after final plan approval. This deferral is intended to promote greater flexibility by an applicant in responding to Township concerns during the preliminary plan stage, because adjustments in the layout can be accommodated before all the detailed and expensive engineering has been completed.

(1) This deferral of submission requirements may include detailed road profiles, detailed road data, detailed utility profiles, detailed grading plans, detailed stormwater calculations and improvement construction details. This deferral shall not affect the conservation design process of § 170-1617 of the Zoning chapter.

(2) In place of submitting this information at the preliminary plan stage, an applicant shall submit sufficient information at the preliminary plan stage to prove the feasibility of proposed development. This shall include proving the ability of all final plan stages to fully function in a coordinated manner, even if all stages are not completed.

(3) Such commitment by the applicant shall be in writing in a legally binding manner that is acceptable to the Township Solicitor and shall be binding upon all of the applicant's successors and assigns.