This chapter shall be known and may be cited as the "Chadds Ford Township Subdivision and Land Development Ordinance of 1985."
This chapter is enacted for purposes which are to provide for and accomplish the following:
A. 
To assist in the harmonious, orderly, efficient and integrated development of Chadds Ford Township.
B. 
To ensure that the arrangement and design of subdivisions and land developments conforms to the Comprehensive Plan; the Official Sewage Facilities Plan; Chapter 135, Zoning; and all other ordinances, codes, regulations, plans and maps adopted in furtherance thereof.
C. 
To promote and protect the health, safety and welfare of the residents of the Township.
D. 
To assure sites suitable for building purposes and human habitation and use.
E. 
To facilitate and accommodate prospective pedestrian and vehicular movement, fire protection and the rendition of other essential services through a coordinated system and design of streets.
F. 
To ensure the coordination and conformity of subdivision and land development plans with the public improvement plans of the Township regarding such facilities as streets, sewers and other facilities and improvements.
G. 
To establish a uniform and equitable procedure for the review and processing of subdivision and/or land development plans.
H. 
To establish standards to ensure that developments are environmentally sound by requiring preservation of existing natural features to the greatest possible extent in areas affected through excavation, construction or other land development activities.
I. 
To establish minimum standards for the design and construction of improvements, which aid in the use and enjoyment of land, such as streets, sidewalks, adequate drainage and water and sewage facilities; and which would aid in precluding adverse environmental effects, such as sedimentation, soil erosion, flooding, deforestation and water pollution.
The provisions of this chapter shall be deemed to be minimum requirements necessary to meet the foregoing purposes. However, when interpreting such requirements the following shall be noted:
A. 
Where, owing to special or unique conditions, the life, health, safety or property of persons may be menaced or jeopardized by the application of any of the requirements of this chapter, more stringent or restrictive requirements necessary to eliminate or alleviate such menace or jeopardy may be applied or imposed by the Board of Supervisors.
B. 
Where, owing to special or unique conditions, the provisions of this chapter will inflict unnecessary hardship upon the applicant, reasonable exceptions to such provisions may be made by the Board of Supervisors as will not be contrary to the foregoing purposes, or to the public interest, upon prior recommendation of the Planning Commission.
C. 
Where the provisions of this chapter impose more stringent requirements than those of any statute, ordinance or regulation, the provisions of this chapter shall prevail; where the provisions of any statute, ordinance, code or regulation impose more stringent requirements than those of this chapter, such statute, ordinance, code or regulation shall prevail.
D. 
Where it is desirable to effect economy and ingenuity in the layout of subdivisions and land developments and to protect critical environmental areas, modifications of plan requirements may be made in accordance with the guidelines set forth in § 110-52 herein.
In accordance with Article V, Section 501, of the Pennsylvania Municipalities Planning Code, Act 247 of 1968 (P.L. 805), as amended,[1] the Chadds Ford Township Board of Supervisors shall have the authority to regulate subdivision and/or land development within the Township by enacting this chapter. Through such authority the following shall apply:
A. 
No subdivision, resubdivision or land development of any lot, tract or parcel of land within the Township shall be made, and no street, alley, sanitary sewer, capped sewer, storm sewer, water main, or other such facilities in connection therewith, or other improvements of any kind, shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this chapter; Chapter 135, Zoning, as amended; and all other Township ordinances, codes, regulations, plans and maps, as amended.
B. 
No lot in a subdivision may be sold, no permit to erect, alter or add to any building or other structure or portion thereof upon land in a subdivision or land development may be issued, and no building may be erected in a subdivision or land development unless and until a subdivision and/or land development plan, filed in accordance with this chapter, has been approved and, where required, recorded unless and until the required improvements in connection therewith along, upon or through the lot or lots to be sold or built upon and to an existing improved street, have been constructed and approved, or in lieu thereof, the Township has been assured of the completion of such construction, and the maintenance thereof, by means of a completion and maintenance guarantee in the form of a bond or other security sufficient to cover the cost of the required improvements, and their maintenance, as set forth in Article VI of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Board of Supervisors shall have jurisdiction of subdivision and land development within the Township. In order that the actions of the Board of Supervisors under this chapter may be correlated with all relevant data and procedures, the Board of Supervisors hereby designates the Township Planning Commission as the agency to which the following responsibilities are assigned:
A. 
To review, upon filing with the Township Secretary, all applications for either preliminary or final approval of subdivision and/or land development plans.
B. 
To engage in all preliminary consultations with the applicant relating to such plans.
C. 
To make recommendations to the Board of Supervisors concerning approval, disapproval, modification and conditions of approval of such plans.
D. 
To make recommendations to the Board of Supervisors concerning the rationale for the granting of modifications to the provisions, requirements and standards of this chapter.
E. 
To determine whether or not any preliminary or final plan submissions are complete and acceptable to the Township for the purpose of establishing the date of filing.