A.
Hereafter, all preliminary and final subdivision plans
or land development plans shall be referred to and reviewed by the
Township Planning Commission and the County Planning Commission. Said
plans shall be approved or disapproved by the Board of Supervisors
in accordance with the procedures specified in this article and in
other sections of this chapter. Any approval not processed as required
hereafter shall be null and void unless it was made prior to the adoption
of this chapter.
B.
Where literal application of plan processing procedures
established by this chapter would create undue hardship or be plainly
unreasonable in its opinion, the Planning Commission may recommend
in writing to the Supervisors such reasonable exceptions as will not
be contrary to the public interest.
All subdivision applications shall be classified,
for the purposes of procedure, as either minor or major. Applicants
shall apply for and secure approval in accordance with the following
procedures:
A.
Minor subdivision proposal.
(1)
Definition.
(a)
No public improvement intended to be dedicated
to the Township is to be constructed;
(b)
No street, public or private, is to be constructed,
improved or widened;
(c)
No land disturbance activities will take place
except those incidental to construction of a single-family dwelling
on a single lot;
(d)
No more than five lots are proposed;
(e)
No further subdivision can occur within the
resulting lots; or
(f)
Lot line adjustments where no development is
proposed.
B.
Major subdivision or land development proposal.
(1)
Definition.
(a)
Any land development application;
(b)
Any proposal involving public improvements,
either privately owned or to be dedicated to the Township;
(c)
Any proposal involving the construction, improvement
or widening of a street, whether public or private;
(d)
Land disturbance activities requiring permanent
stormwater management facilities; and
(e)
A subdivision in excess of five lots.
C.
In the case where a subdivision or land development
does not propose the development of the entire parcel, a sketch plan
indicating how the remainder of the tract will be used in the future
shall be required.
A.
Sketch plan submission and review.
[Amended 12-15-2003 by Ord. No. 03-06]
(1)
Submission.
(a)
All applicants for subdivision or land development
are strongly encouraged to submit a sketch plan to the Township Planning
Commission for review prior to submission of a formal application.
Submission of a sketch plan and accompanying documents (collectively
referred to as the "sketch plan") does not constitute an official
application for subdivision or land development.
(b)
The sketch plan and accompanying documents shall be submitted to the Township Secretary in accordance with the submittal requirements established at the end of § 162-9 of this chapter.
(c)
All applicants shall pay the required application
fee as determined by resolution of the Board.[1]
[1]
Editor’s Note: Former Subsection A(1)(d) of the 2006
Code, requiring submission of a site analysis and impact plan, which
immediately followed this subsection, was repealed 6-18-2018 by Ord.
No. 2018-07. This ordinance also provided for the redesignation of
former Subsection A(1)(e) as A(1)(d).
(d)
The Planning Commission may elect to have the
sketch plan reviewed by any of the Township's consultants.
(2)
Review.
(a)
The Planning Commission shall consider the sketch
plan at a regularly scheduled meeting and the applicant or designated
representative must be present to provide informal dialogue with the
Planning Commission.
(b)
The Planning Commission shall consider the suitability of the sketch plan for the development of the land and its relationship to the extension of streets, access points, arrangement and density of proposed use, the compatibility of the proposal with the objectives and recommendations of the Township Comprehensive Plan and consistency with Chapter 200, Zoning.
(c)
The applicant may, but need not, require further
review of the sketch plan by the Board of Supervisors. Upon receiving
written request by the applicant, the Board may consider the sketch
plan. The Board may meet with the applicant and may advise the applicant
as to the concerns of the Board; 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 plan.
B.
Preliminary plan submission and review.
(1)
Submission.
[Amended 12-15-2003 by Ord. No. 03-06]
(b)
All preliminary plan submittals shall be submitted to the Township Secretary in accordance with the submittal requirements established in § 162-9 of this chapter. The Township Secretary shall determine whether the applicant presents a complete submission; however, the official submission date will not be established until the Planning Commission confirms a complete submittal at its next meeting. This submittal includes:
[Amended 6-18-2018 by Ord. No. 2018-07]
[1]
Three copies of the official Township application for preliminary
review form, one being notarized by an affidavit of ownership and
intended use of the land, as well as of the Act 247 referral form
and planning modules;
[2]
A minimum of nine full-size prints of the preliminary subdivision
plan;
[3]
A minimum of four prints of the preliminary subdivision plan
in eleven-inch-by-seventeen-inch sized format;
[4]
A minimum of four copies of all required supporting information
and plans;
[5]
A digital submission of all plans and documents;
[6]
An aerial photograph of the subject property; and
[7]
Payment of required application fees and escrow deposits as
determined by resolution of the Board.
(c)
The Township Secretary shall note the date of
the receipt of the application, plans, forms, fees, and any escrow
deposits. The application shall not be deemed to be submitted until
a complete application and required fees have been submitted.
(d)
Upon receipt of all items comprising a complete and official
submission, the Township Secretary shall accept the application and
transmit such plans to the following:
[Amended 6-18-2018 by Ord. No. 2018-07]
[1]
One copy of the preliminary plan to each of the required Township
consultants;
[2]
Two copies of the preliminary plan, county referral form and
accompanying fee to the Chester County Planning Commission;
[3]
One copy of the preliminary plan, module forms and appropriate
fee to the Chester County Health Department; and
[4]
One copy of the plans to the various Township commissions and
boards.
(e)
Three copies of the preliminary plan signed
and returned to the applicant after successful processing.
(2)
Review.
(a)
Official review period.
[1]
The Township shall have 90 days in which to
review and take action on the preliminary plan.
[2]
The ninety-day period shall commence on the
date of the next regularly scheduled Planning Commission meeting following
the date a complete and official submission of a preliminary plan
application was filed with the Township Secretary if the Planning
Commission confirms that the application is complete, or after a final
order of court remanding an application. The applicant shall submit
the application seven working days prior to the next regular meeting
of the Planning Commission in order to be placed on the agenda.
[Amended 1-17-2006 by Ord. No. 06-01]
[3]
Whenever the next regularly scheduled meeting
of the Planning Commission occurs more than 30 days following the
filing of a complete and official submission or the final order of
the court, the said ninety-day period shall be measured from the 30th
day following the day the application is filed.
[Amended 1-17-2006 by Ord. No. 06-01]
[4]
An extension to the ninety-day review period
shall occur only when agreed to in writing by both the applicant and
the Board.
[5]
The applicant, or designated representative,
shall be present when the plan is reviewed.
(b)
Township Planning Commission.
[1]
The Township Planning Commission shall review
all plans referred to it and shall consider any recommendations made
by a county agency, the Township Engineer, and any other persons or
agencies who shall have submitted comments with respect to any such
application.
[2]
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 the
chapter relied upon, to the following:
(c)
Board of Supervisors.
[1]
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 its review at its next
regularly scheduled meeting.
[2]
In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Planning Commission, Township Engineer, County Planning Commission, and all other reviewing agencies, 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 chapter provisions as described in Subsection B(2)(c)[5].
[3]
The Board of Supervisors shall designate a copy
of the preliminary plan as the official copy. This copy shall include
all necessary corrections as required by the Board of Supervisors.
It shall be retained in the Township files.
[4]
The decision of the Board shall be in writing
and shall be communicated to the applicant personally or mailed to
the applicant not later than 15 days following the decision or by
the end of said ninety-day period, whichever shall first occur. The
form and content of the decision shall comply with applicable requirements
of Act 247, Section 508.[2]
[2]
Editor's Note: See 53 P.S. § 10508.
[5]
Whenever the approval of a preliminary plan
is subject to conditions, the written action of the Board as prescribed
herein shall a) specify each condition of approval, citing relevant
ordinance provisions in each case, and b) require the applicant's
written agreement to the conditions. Where the applicant's written
concurrence is not received within the time allotted, the Board shall
be deemed to have denied approval.
C.
Final plan submission and review.
(1)
Submission.
(a)
Within 12 months after approval of the preliminary
plan, a final plan and all necessary supplementary data shall be officially
submitted to the Township Secretary. An extension of time may be granted
by the Board where the applicant has successfully demonstrated every
effort has been made to comply with this requirement.
(b)
The final plan shall conform to the terms of
approval of the preliminary plan and to the most recent administrative
regulations adopted by the Board for such purposes.
(c)
The Board of Supervisors may permit submission
of the final plan in sections, each covering a reasonable portion
of the entire proposed subdivision as shown on the approved preliminary
plan, but in no case shall include less than 20% of the total lots
or units as depicted on the approved preliminary plan.
(d)
All final plan applications, along with the criteria listed
below, shall be submitted to the Township Secretary seven days prior
to the next meeting of the Planning Commission. The Township Secretary
shall determine whether the applicant presents a complete submission;
however, the official submission date will not be established until
the Planning Commission confirms a complete submittal at its next
meeting.
[Amended 6-18-2018 by Ord. No. 2018-07]
[1]
Three copies of the official Township application for final
review form, one being notarized by an affidavit of ownership and
intended use of the land;
[2]
A minimum of nine full-sized prints of the final plan and four
eleven-inch-by-seventeen-inch-sized plans;
[3]
A minimum of four copies of all required supporting information
and plans; and
[4]
Payment of required application fees and escrow deposits as
determined by resolution of the Board.
(e)
The Township Secretary shall note the date of
the receipt of the application, fees and any escrow deposits. The
application shall not be deemed to be submitted until a complete application
and required fees have been submitted.
(f)
Upon receipt of all items comprising a complete and official
submission, the Township Secretary shall accept the application and
transmit such applications according to Township procedures.
[Amended 6-18-2018 by Ord. No. 2018-07]
(g)
Where the final plan is for minor subdivision,
the Township Secretary shall forward copies of the plan to the Township
Planning Commission and County Planning Commission, and the Township
Engineer when deemed appropriate by the Board and the Planning Commission.
(2)
Review.
(a)
Official review period.
[1]
The Township shall have 90 days in which to
review and take action on the final plan.
[2]
The ninety-day period shall commence on the
date of the next regularly scheduled Planning Commission meeting following
the date a complete and official submission of a final plan application
was filed or after a final order of court remanding an application.
[Amended 1-17-2006 by Ord. No. 06-07]
[3]
Whenever the next regularly scheduled meeting
of the Planning Commission occurs more than 30 days following the
filing of a complete and official submission or the final order of
the court, the said ninety-day period shall be measured from the 30th
day following the day the application is filed.
[Amended 1-17-2006 by Ord. No. 06-07]
[4]
An extension to the ninety-day review period
shall occur only when agreed to in writing by both the applicant and
the Board.
[5]
The applicant, or designated representative,
shall be present when the plan is reviewed.
(b)
Township Planning Commission.
[1]
The Planning Commission shall review the final
plan submitted and shall consider any recommendations of the Township
Engineer, and any other reviewing agency submitting comments.
[2]
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:
(c)
Board of Supervisors.
[1]
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 regularly scheduled
meeting of the Board for review.
[2]
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. Notwithstanding the foregoing procedure, the
Board shall render a decision on all final plans and communicate it
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 the said next regular
meeting occur more than 30 days following the filing of the application,
the said ninety-day period shall be measured from the 30th day following
the day the application has been filed.
[3]
The Board of Supervisors shall designate one
print of the final plan as the official copy. This copy shall include
all corrections required by the Board of Supervisors. It shall be
retained in the Township files.
[4]
The decision of the Board of Supervisors shall
be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address not later than 15 days
following the decision or by the end of the said ninety-day period,
whichever shall first occur.
[5]
When the application is not approved in terms
as filed, the decision shall specify the defects found in the application
and describe the requirements which have not been met and shall, in
each case, cite the provisions of the chapter relied upon.
[6]
Failure of the Board of Supervisors to render
a decision and communicate it to the applicant within the time and
in the manner required herein shall be deemed an approval of the application
in terms as presented unless the applicant has agreed, in writing,
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
[7]
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:
(d)
Every final plan approval, with the exception of minor subdivision proposals as defined under § 162-7A(1), shall be subject to the following conditions:
[1]
The applicant shall execute a subdivision and land development agreement in accordance with Subsection F, agreeing with the Township to install all the improvements as required by this chapter and all regulations adopted pursuant thereto.
[3]
The applicant agrees, if requested, to tender
a deed of dedication to the Township for such streets, any and all
easements for sanitary sewers, water lines, or storm sewers, and public
improvements including street paving, sidewalks, shade trees, water
mains, any fire hydrants, sanitary and storm sewers, as are required
for the promotion of public welfare, after all said improvements 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.
[4]
Whenever the applicant 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 applicant 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.
[5]
The applicant shall have applied for all required
permits from agencies having jurisdiction over ancillary development,
such as Pennsylvania Departments of Transportation and Environmental
Protection, Public Utility Commission, and County Health Department.
[7]
Before acting upon any subdivision or land development
plan, the Board of Supervisors may hold a public hearing thereon pursuant
to public notice.
[8]
Access to roads under jurisdiction of PennDOT.
[a]
No plan which will require access onto a road
under the jurisdiction of PennDOT shall be finally approved unless
the plan contains a notice that a highway occupancy permit is required
pursuant to Section 420 of Act 428,[4] known as the "State Highway Law," before access to a state
road is permitted. The Department shall, within 60 days of the date
of receipt of an application for a highway occupancy permit:
[i]
Approve the permit, which shall
be valid thereafter unless, prior to commencement of construction
thereunder, the geographic, physical or other conditions under which
the permit is approved, change, requiring modification or denial of
the permit, in which event the department shall give notice thereof
in accordance with regulations;
[ii]
Deny the permit;
[iii]
Return the application for additional
information or correction to conform with department regulations;
or
[iv]
Determine that no permit is required,
in which case the department shall notify the Township and the applicant
in writing.
[4]
Editor's Note: See 36 P.S. § 670-420.
[b]
If the Department shall fail to take any action
within the sixty-day period, the permit will be deemed to be issued.
The plan shall be marked to indicate that access to the state road
shall be only as authorized by a highway occupancy permit. The Department
shall not be liable in damages for any injury to persons or property
arising out of the issuance or denial of a permit or for failure to
regulate any access. Furthermore, the Township shall not be held liable
for damages to persons or property arising out of the issuance or
denial of a permit by the Department.
D.
Recording of final plan.
(1)
Upon completion of the procedures outlined under this
article, all endorsements shall be indicated on the record plan and
on as many other copies of the final plan as may be desired. No subdivision
plan may be legally recorded unless it bears the Seal of the Township.
(2)
Upon endorsement by the Township, the subdivider shall
file the record plan with the County Recorder of Deeds within 90 days
of the date of the final approval by the Township or 90 days after
the date of delivery of an approved plat signed by the Board of Supervisors
following completion of conditions imposed for such approval, whichever
is later. The County Recorder of Deeds shall not accept any plan for
recording unless such plan officially notes the approval of the Board
of Supervisors and review by the County Planning Commission. If the
subdivider fails to record the final plan within such period, the
action of the Township shall be null and void, unless an extension
of time is granted in writing by the Township upon written request
by the applicant.
[Amended 1-17-2006 by Ord. No. 06-01]
(3)
Where a major proposal, as defined by this chapter, is involved, the documentation outlined under Subsection F(4) shall also be recorded with the plan.
(4)
The recording of the plan shall not constitute grounds
for assessment increases until such time as lots are sold or improvements
are installed on the land included within the subject plan.
E.
Resubdivision procedure.
(1)
All applications for resubdivision shall be classified as minor subdivision proposals, and shall follow the final plan review procedures outlined under Subsection C(2).
(2)
All resubdivision plan applications shall be submitted
to the Township Secretary. The Township Secretary shall determine
whether the application represents a complete and official submission
using the following criteria:
(3)
In making any alterations, the following shall be
observed:
(a)
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 200, Zoning;
(b)
Easements reserved for drainage shall not be
changed;
(c)
No lot shall be created which does not abut
a street; and
(d)
The character of the area shall be maintained.
F.
Subdivision and land development improvements agreement.
The applicant shall execute an agreement, to be approved by the Township,
pending the review of the Township Solicitor, before the final plan
is released by the Board of Supervisors and filed on record. Said
agreement shall specify the following, where applicable:
[Amended 12-15-2003 by Ord. No. 03-06]
(1)
The applicant agrees to lay out and construct all
streets and other public improvements, including grading, paving,
sidewalks, fire hydrants, water mains, street signs, shade trees,
storm and sanitary sewers, landscaping, traffic control devices, open
space areas, right-of-way monuments and lot pins, and 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.
(2)
The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in Subsection G(2) of this section.
(3)
The applicant agrees to have prepared a deed(s) of
dedication for the streets and easements for sanitary and storm sewers,
sidewalks, and other public improvements, provided that the Township
shall not accept dedication of such improvements until their completion
is certified as satisfactory to the Township Engineer.
(4)
Whenever an applicant proposes to establish or continue
a street which is not offered for dedication to public use, the Board
of Supervisors shall require the applicant to submit, and also to
record with the plan, a copy of an agreement made with the Board 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:
(a)
That an offer to dedicate the street shall be
made only for the street as a whole;
(b)
That the Township shall not be responsible for
repairing or maintaining any undedicated streets;
(c)
That the method of assessing repair and maintenance
costs of the undedicated streets be stipulated, and be set forth in
recorded deed restrictions so as to be binding on all successors or
assigns;
(d)
That, if dedication is to be sought, the street
shall conform to Township specifications or that the owners of the
abutting lots shall, at their own expense, restore the streets to
conformance with Township specifications.
(5)
The applicant shall provide the Township with four
sets each of as-built plans and Mylars indicating all changes made
to the approved plans during construction. The as-built plans shall
be submitted prior final release of remaining escrow payments.
G.
Performance guarantees.
(1)
The applicant shall deposit with the Township financial
security in an amount sufficient to cover the cost of all improvements,
both public and private, and common amenities, including but not limited
to streets, walkways, shade trees, stormwater detention and/or retention
facilities, recreational facilities, open space improvements, buffer
of screen plantings, and water mains and other water supply facilities,
fire hydrants, and sanitary sewage disposal facilities.
[Amended 12-15-2003 by Ord. No. 03-06]
(2)
When requested by the developer, in order to facilitate
financing, the Board of Supervisors shall furnish the developer with
a signed copy of a resolution indicating approval of the final plan
contingent upon the developer obtaining a satisfactory financial security.
The final plan or record plan shall not be signed nor recorded until
the financial improvements agreement is executed. The resolution or
letter of contingent approval shall expire and be deemed to be revoked
if the financial security agreement is not executed within 90 days
unless a written extension is granted by the Board; such extension
shall not be unreasonably withheld and shall be placed in writing
at the request of the developer.
[Amended 12-15-2003 by Ord. No. 03-06]
(3)
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 the said bonding company or lending
institution is authorized to conduct business within the commonwealth
and stipulates that it will submit to Pennsylvania jurisdiction and
Chester County venue in the event of legal action.
[Amended 12-15-2003 by Ord. No. 03-06]
(4)
The said financial security shall provide for, and
secure to the public, the completion of all subdivision improvements
for which such security is being posted within one year of the date
fixed in the subdivision plan and subdivision agreement for completion
of such improvements.
[Amended 12-15-2003 by Ord. No. 03-06]
(5)
The amount of financial security shall be equal to
110% of the cost of the required improvements for which financial
security is to be posted. The cost of the improvements shall be established
by:
[Amended 12-15-2003 by Ord. No. 03-06]
(6)
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 by using the above bidding procedure.
(7)
In the case where development is projected over a
period of years, the Board of Supervisors may authorize submission
of final plans by section or stage of development, subject to such
requirements or guarantees 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.
(8)
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 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 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 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 his independent evaluation of the proper amount of partial
releases. The Board may, prior to final release at the time of completion
and certification by the Township Engineer, require retention of 10%
of the estimated cost of the aforesaid improvements.
H.
Commencement of development.
(1)
No construction or land disturbance activities, with
the exception of soil or percolation testing, well drillings, 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.
(2)
No application for a building permit under Chapter 200, Zoning, shall be submitted and no building permit under Chapter 200, Zoning, shall be issued for any building in any subdivision or land development until the final plans for the said subdivision or land development has been approved and recorded as provided for and until the terms of Subsection H(1) have been satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been complied with.
(3)
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
Protection or from federal or local agencies, as required.
I.
Plan amendments. Major modification of the approved
plan, as determined by the Township, shall be resubmitted and reprocessed
in the same manner as the original plan. All site disturbance activities
shall cease pending approval of modified plans.
A.
Sketch plan.
[Amended 6-17-2002 by Ord. No. 02-04; 12-15-2003 by Ord. No.
03-06]
(1)
To facilitate the fullest possible response from the
Planning Commission, the applicant is encouraged to submit the following
items:
(a)
Name and address of the owner/applicant;
(b)
Name and address of the applicant's engineer,
surveyor, planner, architect, or landscape architect, if available;
(c)
Written and graphic scale;
(d)
The title: "Sketch Plan";
(e)
Approximate tract boundaries;
(f)
North arrow;
(g)
Location map at a scale of not less than one
inch equals 2,000 feet;
(h)
Streets on and adjacent to the tract;
(i)
Significant topographical and physical features,
including contours (maximum ten-foot intervals);
(j)
General location of wooded areas;
(k)
Proposed general lot, building, and street layout;
and
(l)
In the case of land development plans, proposed
general site layout, including building locations, parking lots, points
of ingress and egress, and open spaces.
B.
Preliminary plan. A preliminary plan shall consist
of and be prepared in accordance with the following minimum standards:
[Amended 6-17-2002 by Ord. No. 02-04; 12-15-2003 by Ord. No.
03-06]
(1)
Drafting standards.
(a)
The plan shall be drawn on a scale of one inch
equals 50 feet unless the average size of the proposed lots is in
excess of five acres, in which case a scale of one inch equals 100
feet may be used.
(b)
Dimensions shall be set in feet, bearing in
degrees, minutes, and seconds, with errors of closure not to exceed
one part per 10,000. Curves shall be described with the radius, central
angle, chord bearing, and distance.
(c)
Each sheet shall be numbered and shall show
its relationship to the total number of sheets; a key shall also be
included that clearly shows the information provided on each numbered
sheet.
(d)
The plan shall bear an adequate legend to indicate
clearly which features are existing and which are proposed.
(e)
The original drawing, and all submitted prints
thereof, shall be made on sheets of 24 inches by 36 inches, or on
sheets 30 inches by 42 inches if approved by the Township.
(f)
If the preliminary plan requires more than one
sheet, a master sheet at a scale not smaller than one inch equals
400 feet showing the location of each section shall accompany the
plan.
(g)
The preliminary plan shall include signature
blocks on the right hand of the title plan.
(i)
If the preliminary plan or land development
application indicates an approved conditional use, special exception,
or variance, then the submittal shall include the conditional use,
special exception, or variance "order," and conditions of approval,
and all plans submitted as part of that approval.
(2)
Site design and layout standards.
(a)
A location map and North arrow for the purpose
of locating the site to be subdivided or developed, at a scale of
not less than 2,000 feet to the inch, showing the relation of the
tract to adjoining property and to all streets and municipal boundaries
existing within 1,000 feet of any part of the property proposed to
be subdivided or developed.
(b)
A series of maps, prepared in accordance with Subsection B(1), with the accompanying narrative as needed, showing the following existing conditions:
[1]
Proposed subdivision or land development name
or other identifying title;
[2]
Name and address of the owner of record or of
his authorized agent with source of title, if any;
[3]
Name and address of the registered engineer
or surveyor responsible for the plan; if a registered engineer, architect
or landscape architect collaborated in the preparation of the plan,
their name, address, and seal shall also appear;
[4]
Zoning information, including applicable district,
lot size and yard requirements, proof of any variance which may have
been granted, and any zoning boundaries that traverse or are within
200 feet of the tract;
[5]
All waivers being requested by the applicant,
as well as all waivers granted to the applicant by the Board, shall
be clearly stated on the first sheet (title plan) of the preliminary
plan submission;
[6]
Original date of preparation, revision dates,
with concise descriptions of each revision, North arrow, and scale,
both written and graphic;
[7]
Total tract boundaries showing bearings and
distances and along all existing rights-of-way within and adjacent
to the tract prepared and certified by a registered professional land
surveyor;
[8]
Total acreage of the tract to the nearest square
foot, and the acreage of the tract for both total and net lot area;
[9]
The names of all owners and deed book reference
of all adjacent lands, the names of all proposed and existing subdivisions
adjacent, and the locations and dimensions of any streets or right-of-way
easements;
[10]
The locations and dimensions of all existing
streets, railroads, sewers and sewage systems, aqueducts, water mains
and feeder lines, fire hydrants, gas, electric, and oil transmission
lines, watercourses, sources of water supply, easements, and other
significant features within the property, or such driveways, intersections
and utilities within 100 feet of any part of the property proposed
to be developed or subdivided;
[11]
Delineation of freshwater wetlands as determined
by the criteria of the U.S. Army Corps of Engineers; if no such lands
exist on the tract for which the subdivision or land development is
proposed, the plan must include a statement indicating so;
[12]
Any proposed improvements requiring a permit
from the U.S. Army Corps of Engineers or the Pennsylvania Department
of Environmental Protection shall be so indicated;
[13]
In the case where community or individual on-lot sewage disposal systems are proposed, all soil testing shall be performed according to § 162-48 of this chapter, and the exact locations of the test pits shall be indicated on the plan;
[14]
In the case where an individual or community
well is proposed to serve the subdivision or land development, the
exact location of the well shall be indicated on the plan;
[15]
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;
[16]
Locations of all existing structures on the
tract, and distance thereof from lot lines;
[17]
A contour line at vertical intervals of not
more than two feet for land with natural average slope of 15% or less,
and in intervals of not more than five feet for land with average
natural slope exceeding 15%; actual field surveying or aerial photo
interpretation shall be required when public improvements are proposed;
and
[18]
Location and elevation of the datum to which
contour elevations refer; datum used shall be a known established
benchmark.
(c)
A full plan of the proposed subdivision or land development, prepared in accordance with Subsection B(1), including as a minimum:
[1]
Location and width of all streets and rights-of-way
with a statement of any conditions governing their use, including
geometrics to the nearest intersection;
[2]
Existing and proposed street and utility easement
locations, including the location of and profiles for all water, sanitary
sewage, and stormwater mains;
[3]
All proposed lot lines with dimensions and lot
areas;
[4]
Building setback lines along each street, minimum
side and rear yard limits to each lot;
[5]
A statement of the intended use of all nonresidential
lots and parcels;
[6]
Lot numbers, and a statement of the total number
of lots and parcels;
[7]
In accordance with §§ 162-48, 162-49 and/or 162-50 of this chapter, and/or Chapter 152, Stormwater Management, sanitary and storm sewers, and other drainage facilities and utilities, with the size and materials of each indicated, and any proposed connections with existing facilities;
[Amended 12-16-2013 by Ord. No. 2013-05]
[8]
Parks, playgrounds, trails and other open space
areas as established in the most recent version of the Township Comprehensive
Plan and as dedicated or reserved for public use, with any conditions
governing such use, ownership and maintenance;
[10]
Location of right-of-way monuments and lot pins;
and
[11]
Names proposed for new streets.
C.
Final plan. Final plans shall, under major proposals,
conform in all important details to preliminary plans, including any
conditions specified by the Board. A final plan shall consist of and
be prepared in accordance with the following:
(1)
Drafting standards.
(a)
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 and legible prints of all plans
shall be submitted. Space shall be provided for signatures by the
Board and Planning Commission on the title sheet of the plans.
(b)
Final plans shall be made on sheets of 24 inches
by 36 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. All dimensions
shall be shown in feet and hundredths of a foot.
(2)
Site design and layout standards.
(a)
All information required in Subsection B(2), and the following minimum data:
[1]
The total tract boundary lines of the area being
subdivided with accurate distances to hundredths of a foot and bearings
to 1/4 of a minute. These boundaries shall be balanced and closed
with an error of closure not to exceed one foot in 10,000 feet; provided,
however, that the boundary(s) adjoining additional unplatted land
of the subdivider are not required to be based upon field survey,
and may be calculated. The monuments shall be indicated, along with
a statement of the total area of the property being subdivided. In
addition, the engineer or surveyor shall certify to the accuracy of
the survey, the drawn plan, and the placement of the monuments;
[2]
All straight lot lines and chords and radii
of curved lot lines, defined in feet and hundredths of a foot by distances,
and in degrees, minutes and seconds, either by magnetic bearings or
by angles of deflection from other lot and street lines;
[3]
Lot numbers, lot areas, both total and net area,
in both acres and square feet, and a statement of the local number
of lots and parcels, together with post office address for each lot;
[4]
A statement of the intended use of all nonresidential
lots; a statement of restrictions of any type which exist as covenants
in the deed(s) for all lots contained wholly or in part in the subdivision
and, if covenants are recorded, including the deed book and page number;
[5]
All proposed building (setback) and yard line
requirements for each lot, or the proposed placement of each building,
and the proposed location of on-site water and sewer facilities;
[6]
The location of all existing and proposed street
monuments;
[7]
All easements or rights-of-way where provided
for or owned by public services and any limitations on such easements
or rights-of-way; rights-of-way shall be shown and accurately identified
on the plan, and easements shall either be shown or specifically described
on the plans; easements should be located in cooperation with the
appropriate public utilities;
[8]
Location, size, material used, invert elevation,
and percent of grade of all sanitary and storm sewers and location
of all manholes, inlets and culverts; this data must be submitted
as a separate plan;
[9]
If the subdivision proposes a new street intersection
with a state legislative route, the intersection permit number(s)
shall be indicated for all such intersections;
[10]
A certification of ownership, acknowledgement
of plan and offer of dedication shall be affixed on the plan, and
shall be duly acknowledged and signed by the owner(s) of the property
and notarized;
[11]
All waivers being requested by the applicant,
as well as all waivers granted to the applicant by the Board, shall
be clearly stated on the first sheet of the final plan submission
and shall be accompanied by the Township Engineer's certification,
where applicable;
[12]
Signature blocks shall be provided on the right-hand
side of the title plan for the Township Planning Commission review
approval, Board of Supervisors approval, Township Engineer review
and approval, and County Planning Commission approval;
[Amended 12-15-2003 by Ord. No. 03-06]
[13]
The name (or number) and cartway width and lines
of all existing public streets and the name and location of all other
roads within the property; and
[14]
The following data for the center line of the
cartway and both right-of-way lines of all recorded, and proposed
streets, within and adjacent to the property:
[a]
Courses and distances with length
in feet and hundredths of a foot of all straight lines and of the
radius and the arc (or chord) of all curved lines with delta angles
including curved lot lines, and bearings in degrees, minutes and seconds
for all straight lines; and
[b]
The width in feet of the cartway,
right-of-way and of the ultimate right-of-way, and (in degrees, minutes
and seconds) of the delta angle of all curved lines, including curved
lot lines.
(b)
The final plan, all components of which shall
be submitted to the Township in an electronic format(s) acceptable
to and established by the Township, shall be accompanied by the following
supplementary data:
[Amended 6-17-2002 by Ord. No. 02-04; 12-15-2003 by Ord. No.
03-06]
D.
Site analysis and impact plan.
[Amended 12-15-2003 by Ord. No. 03-06]
(1)
The site analysis and impact plan, including all environmental impacts, shall serve as the environmental impact statement for a proposed project subject to this chapter, and shall be submitted with the sketch plan (to the fullest extent the required information is available at the time of submission), the preliminary plan, and the final plan. On the site analysis and impact plan, including all environmental impacts, the applicant shall identify all the following site features, as applicable, on a single plan map, or maps, and/or narrative format, depending on the tract size, proposed project, and scale of drawing. The site analysis and impact plan, including all environmental impacts, shall be labeled such and shall be placed on a sheet separate from all other required plan information. The site analysis and impact plan, including all environmental impacts, shall not substitute for the individual plan requirements of Subsections A, B, C, and E, which identify features and proposed disturbance. Township officials and staff reserve the right to conduct a site visit, with or without its consultants, to verify the information provided by the applicant pursuant to this section. The site analysis and impact plan, including all environmental impacts, shall include the following:
(a)
Degree of slope, at vertical intervals of not
more than two feet for land with natural average slope of 15% or less,
and in intervals of not more than five feet for land with average
natural slope exceeding 15%.
(b)
Areas within the Floodplain District, including
floodway fringe, and approximated floodplain areas as delineated by
the Flood Insurance Study prepared for the Township of Upper Uwchlan
by the Federal Insurance Administration, March 10, 1976, or as updated;
(c)
Alluvial soils, wherever they extend beyond
the limits of the Floodplain District;
(d)
Water bodies and watercourses, both perennial
and seasonal;
(e)
Drainage basins and subbasins;
(f)
Wetlands, as delineated by the criteria of the U.S. Army Corps of Engineers and as required pursuant to Subsection B(2)(b)[11] of this section;
(g)
High groundwater areas, as identified by the
location of soils with seasonal or perennial high water table, as
mapped in the Soil Survey of Chester and Delaware Counties;
(h)
Generalized soil type names as mapped in most
recent edition of the Soil Survey of Chester and Delaware Counties;
(i)
Generalized geological characteristics, including
rock formation type(s) and locations of fault zones;
(j)
Existing vegetation denoted as to type, including
woodlands, specimen trees, and hedgerows; individual freestanding
trees over six inches diameter at breast height (dbh); wetland vegetation;
oldfield; meadow, pasture, or cropland; orchard; cultivated and ornamental
garden areas; etc.;
(k)
Existing structures and other improvements;
(l)
Historic resources pursuant to this chapter and Chapter 200, Zoning, including structures, ruins, sites, traces, archeological or potential archeological sites and relationship to the bounds of any National Register historic district, or historic districts determined eligible for the National Register;
(m)
Existing paths and trails;
(n)
Viewsheds, as defined by ridgelines, and including
a delineation of all areas and site features, including, but not limited
to, historic resources and other significant assets such as visual
features that represent the Township's unique character, that are
visible from nearby or any other public roads;
(2)
The site features identified as per Subsection D(1), above, shall be shown on plan map(s) in order to determine the locational relationship of identified site features to development as proposed, including proposed structures, roads, driveways, parking areas, utilities (e.g., stormwater management facilities, sewer or water), recreation facilities, change to natural grade, and vegetation removal. The utility requirements of this section are not a substitute for the utilities plan required by Subsection F(2)(c) of this section.
(3)
The site analysis and impact plan, including all environmental impacts, shall identify and evaluate the proposed development's potential adverse impacts on sensitive receptors in proximity to proposed action. Receptors include, but are not limited to, adjacent and nearby land uses such as, schools; churches; existing residential neighborhoods and other types of development; or natural, cultural, or historic resources which are identified in the Upper Uwchlan Township Comprehensive Plan (September 2002) and of which some are protected by this chapter and Chapter 200, Zoning.
(4)
The site analysis and impact plan, including all environmental
impacts, shall identify how the applicant proposes to avoid impacts
to identified sensitive receptors and protected natural, cultural,
or historic resources. Where impacts are unavoidable and allowed by
applicable regulations, the applicant shall document how the impacts
have been avoided to the extent practicable by the proposed project
and how the impacts will be mitigated in accordance with this and
other Township ordinances.
(5)
The site analysis and impact plan, including all environmental
impacts, shall be required with the submission of sketch, preliminary
and final plans.
(6)
The site analysis and impact plan, including all environmental
impacts, shall be submitted in the plan view, graphic, or narrative
format(s) as may be required by the Board of Supervisors or as appropriate
to convey the information required by this and other applicable sections
of this chapter.
E.
Conservation plan. A conservation plan is required
to accompany the preliminary and the final subdivision or land development
plan. It shall be clearly and legibly drawn to the same scale as that
of the preliminary and final plans. Space shall be provided for signatures
by the Board and Planning Commission on the title sheet of the conservation
plan.
[Amended 12-15-2003 by Ord. No. 03-06]
(1)
The conservation plan shall show the total tract boundaries
of the property being subdivided or developed and shall show:
(a)
Contour lines at vertical intervals of not more
than two feet for land with average natural slope of 15% or less,
and at intervals of not more than five feet for land with average
natural slope exceeding 15%.
(b)
Location and elevation to which contour elevations
refer; where reasonable and feasible, the datum used shall be a known
and established benchmark.
(c)
All existing watercourses, woodlands, specimen trees, and hedgerows; individual freestanding trees over six inches dbh; wetland vegetation; oldfield; meadow, pasture, or cropland; orchard; cultivated and ornamental garden areas; or any other significant natural features as identified in § 162-55 of this chapter situated within the proposed subdivision or land development and within 50 feet of the boundaries of the proposed subdivision or land development. Where floodplain and/or groundwater protection areas, as defined in Chapter 200, Zoning, are located on the tract, such area(s) shall be delineated in accordance with the Flood Hazard District contained in that chapter.
(d)
Locations of all soil classifications.
(e)
Location and results of soil percolation tests
whenever on-site disposal of sewage (either through individual or
community systems) is planned.
(f)
Notations indicating: all trees or portions
of tree masses proposed to be cleared as part of the proposed subdivision
or land development plan, together with reasons for such clearing;
all proposed alterations of the natural grade, whether by cut or by
fill, exceeding two feet, together with the reasons for such alteration;
compliance with all applicable erosion and sedimentation control standards.
(g)
Limit of disturbance, as proposed by the applicant.
(2)
A required element of any conservation plan shall be a plan for the control of erosion and sedimentation and for stormwater management. Any preliminary and final plan for subdivision or land development shall be consistent with Chapter 152, Stormwater Management, and must be accompanied by a stormwater management plan; contents of the submitted plan shall reflect discussion by the applicant with the Township Engineer. The minimum components of that plan are as follows:
[Amended 12-16-2013 by Ord. No. 2013-05]
(a)
A narrative summary of the project, including:
[1]
General description of the project;
[2]
General description of accelerated erosion control;
[3]
General description of sedimentation control;
[4]
General description of stormwater management,
both during and after construction, including best management practices
(BMPs);
[5]
Date project is to begin and expected date final
stabilization will be completed, including any phasing information.
(b)
Mapping of various physical features of the
project area, both existing and proposed, including:
[1]
The location of the project relative to highways,
municipal boundaries, and other identifiable landmarks;
[2]
Property lines of proposed project area;
[3]
Contour lines of vertical intervals of not more
than two feet for land with average natural slope of 8% or less, and
at intervals of not more than five feet for land with average natural
slope exceeding 8% (include location and elevation to which contour
lines refer);
[4]
Acreage or square footage of the project;
[5]
Streams, lakes, ponds, or other bodies of water
within the subject property or within 50 feet of any boundary of the
property;
[6]
Other significant natural features, including existing drainage swales, woodlands, and areas of trees and shrubs as identified in Subsection E(1) to be protected, including methods of protection, during construction;
[7]
Proposed location of underground utilities,
sewer and/or water lines;
[8]
Scale of maps and North arrow;
[9]
Existing roads and easements.
(d)
A map of proposed alterations to the project
area, including:
(e)
Calculations and description of the amount of runoff from the project area and the upstream watershed area, in accordance with the terms of Chapter 152, Stormwater Management, including:
(f)
The staging of earth-moving activities, described
in the narrative, including:
[1]
Cover removal, including all cuts and fills;
[2]
Installation of erosion and sediment control
facilities and practices;
[3]
Installation of improvements, including streets,
storm sewers, underground utilities, sewer and water lines, buildings,
driveways, parking areas, recreational facilities, and other structures;
[4]
Program of operations to convert erosion and
sedimentation controls to permanent stormwater management facilities,
including a chart of the relative time sequence of activities.
(g)
Temporary control measures and facilities for
use during earth-moving, in both map and narrative form, including:
[1]
Purpose;
[2]
Temporary facilities or other soil stabilization
measures to protect shrubs from earth-moving activities;
[3]
Types, locations, and dimensioned details of
erosion and sedimentation control measures and facilities;
[4]
Design considerations and calculations of control
measures and facilities;
[5]
Facilities to prevent tracking of mud by construction
vehicles onto existing roadways.
(h)
Permanent stormwater management program (indicating,
as appropriate, measures for groundwater recharge) and facilities
for site restoration and long-term protection, in both map and narrative
form, including:
[1]
Purpose and relationship to the objectives of
this chapter;
[2]
Establishment of permanent vegetation or other
soil stabilization measures;
[3]
Installation of infiltration facilities, rooftop
storage, cisterns, seepage pits, french drains, etc., to serve structures;
[4]
Use of semipervious materials for driveways,
parking areas, etc.;
[5]
Types, locations, and dimensioned details of
storage, and conveyance;
[6]
Location of wells and septic tank leach fields;
[7]
Design considerations and calculations supporting
the stormwater management program.
(i)
A narrative description of the maintenance procedures
for both temporary and permanent control facilities, and of ownership
arrangements, including:
F.
Improvement construction plan. An improvement construction
plan shall be required to accompany preliminary and final plans whenever
an improvement is to be constructed or installed.
[Amended 12-15-2003 by Ord. No. 03-06]
(1)
Scale. The improvement construction plan shall have
the same scale as required for a preliminary and final plan. However,
the Township reserves the right to require a scale that will provide
more detail than the preliminary or final plan, depending on the scale
of the proposed improvements and/or when more detail is required regarding
grading or other improvements.
(2)
Data. The improvement construction plan shall contain
sufficient information to provide working plans for the layout and
construction of proposed streets, utilities, stormwater management
structures, and other improvements. Such a plan shall include, but
not be limited to, the following:
(a)
A horizontal plan showing layout and geometry
of proposed improvements, including stations corresponding to those
shown on the profiles, horizontal curves, location and size of inlets
and manholes, and existing and proposed contours.
(b)
A profile plan indicating the final grades of
streets and sewers and the extent of cut and fill operations.
[1]
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.
[2]
The horizontal scale on the profile plan shall
be not less than one inch equals 50 feet and the vertical scale shall
be not less than one inch equals five feet, or in cases where larger
scales are used, the ratio shall be 1:10 vertical to horizontal.
[3]
A typical cross section street construction
shall be shown on the profile plan and shall indicate the following:
[a]
Right-of-way width and the location and width
of paving within the right-of-way.
[b]
Type, thickness and crown of paving.
[c]
The location, width, type, and thickness of
curbs and sidewalks to be installed, if any.
[d]
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]
Grading beyond curbline and right-of-way line.
(c)
Utilities plan.
[1]
The applicant shall identify all the following information, as applicable, on a single plan map, or maps, depending on the tract size and scale of drawing. The utilities plan shall be labeled such and shall be placed on a sheet separate from all other required plan information. The utilities plan shall not substitute for plan requirement of any other sections of this chapter, and shall be in accordance with §§ 162-48, 162-49 and 162-50 of this chapter, and Chapter 152, Stormwater Management, and all other applicable sections of Township ordinances. The utility plan shall include:
[Amended 12-16-2013 by Ord. No. 2013-05]
[a]
All proposed utilities, including easements,
as well as points of tie-in with existing utilities;
[b]
Approval of the respective utility companies
involved; and
[c]
Type and location of all lighting standards,
hydrants, manhole, inlets and other storm drainage structures, all
sanitary sewers with complete data, and all other information pertaining
to utilities necessary for approval by the Board of Supervisors shall
be shown.
G.
Proposed public water supply study. A proposed public water supply study shall be required to accompany a preliminary and final plan whenever a public water system is proposed to serve a subdivision or land development. The proposed public water supply study shall be in accordance with § 162-49 of this chapter, Chapter 183, Article I, Public Water Supply, and all other applicable sections of this chapter and Chapter 200, Zoning.
[Amended 12-15-2003 by Ord. No. 03-06]
(1)
The purpose of the provisions of this section is to:
(a)
Insure that each dwelling unit and each commercial
or industrial building in all subdivisions and land developments hereafter
granted approval shall have an adequate supply of potable water for
domestic use; and
(b)
Insure that each unit or building shall have
an adequate supply of water for purposes of fire protection; and
(c)
Insure that in each case where water is to be
supplied to a subdivision or land development by means of a public
water supply system, such system meets minimum standards controlling
water storage and production capabilities for domestic and fire use
for the protection of the health, safety and welfare of all Township
residents.
(2)
All land developments shall have public water. All
land developments within the franchise area of a public water company
and all of that area within 1,500 feet of a water supply main operated
by a water company in Upper Uwchlan Township shall be serviced by
public water which shall be provided by a public utility organized
and operating under the laws of the Commonwealth of Pennsylvania or
by a municipal authority or other municipal corporation organized
and operating under the laws of the Commonwealth of Pennsylvania.
(3)
Public water supply requirements: application. If
the applicant for subdivision or land development approval proposes
that the subdivision or land development be served by public water,
the applicant shall submit, upon submission of the preliminary plan,
seven copies of documentation which shall be designated as "proposed
public water supply study" which shall contain the following information:
(a)
The name, address and telephone number of the
proposed public water supplier (company, water company or public utility)
proposed by the applicant to supply water to the subdivision or land
development.
(b)
A complete description of the source of the
water supply, the quantity and quality of the water available from
that source and the capacity of all reservoirs and their locations.
(c)
If wells are to be utilized as part of the supply
system, the number of wells, pumping capacity of each well, the number
of hours per day that each well pump operates, diameter of well casing,
drawdown rated capacity of each well, the maximum sustained yield
from the well test together with a copy of the well test data.
(d)
Size of the water mains to be utilized in the
proposed subdivision or land development, size of all water mains
on the system proposed to service the subdivision or land development,
the number of existing fire hydrants on the system and the number
of fire hydrants proposed for the new subdivision or land development.
(e)
The number of residential customers on the existing
system proposed to service the subdivision or land development and
the number of gallons required to service the existing system as of
the supplier's last billing.
(f)
The number of commercial and industrial customers
on the existing system proposed to service the subdivision or land
development and the number of gallons required to service the system
as of the supplier's last billing.
(g)
Fire hydrant test results made by the Insurance
Services Officer of Pennsylvania for the existing system proposed
to service the subdivision or land development. In the event the system
has been expanded to service additional customers since the date of
the last test, applicant shall set forth the number of new customers,
designating them as residential, commercial or industrial, as applicable,
additional gallonage required to service those customers and the number
of additional hydrants installed on the system.
(h)
A description of the service area of the public
water supplier, and if regulated by the Public Utilities Commission
of the Commonwealth of Pennsylvania, whether the proposed subdivision
or land development is within the supplier's approved franchised area.
Public Utility Commission approval to a public water company to extend
any franchise area to include the proposed subdivision or land development
shall be a condition precedent to subdivision or land development
approval.
(4)
Review procedure for "proposed public water supply
study." The proposed public water supply study submitted by the applicant
shall be reviewed by the Township Engineer in conjunction with the
subdivision or land development application process and he shall make
a recommendation to the Board of Supervisors with respect to applicant's
compliance with the section. Applicant must bear the cost of Township
engineering review and report and agrees to pay the cost thereof by
submission to Township or a subdivision or land development application.
Submission by applicant of a complete "proposed public water supply
study" is essential and no subdivision or land development application,
whether preliminary or final, shall be granted approval without such
submission.
H.
Impact statements. Impact statements shall be required as established by this section, or in accordance with § 200-83, or, as applicable, § 200-117, Conditional use standards, of Chapter 200, Zoning.
[Amended 12-15-2003 by Ord. No. 03-06]
(1)
Applicability.
(a)
Traffic, recreation, and fiscal impact statements
shall be required for all preliminary subdivision and land development
applications under this chapter when land development is projected
to generate 200 ADT (average daily trips), or 20 or more peak-hour
trips, as established in the most recent edition of the Institute
of Transportation Engineers publication, Trip Generation.
(b)
Separate applicability standards are established
subsequently in this section for historic resources impact statements.
(c)
The requirements of this section may be modified
by the Board of Supervisors, or the Zoning Hearing Board if applicable,
when specific requirements are determined not to be applicable to
the preliminary subdivision or land development application. In evaluating
any required impact statement, the Board of Supervisors shall consider
the impact of the proposed use on the Township and on the facilities
and systems as listed hereafter. When required by the Board, the applicant
shall provide all of the information, data and studies needed to allow
the Board to reach conclusive evaluation of the areas set forth hereafter,
which are applicable to the use proposed. The impact statement should
be one written document. Necessary maps, charts, etc., should be labeled
as consecutively numbered exhibits and properly referenced throughout
the text of the written document. The statement should be written
in a manner and style that clearly focuses the information, data and
analysis on the issues and objectives required by this section or
requested by the Board. The source of all data should be appropriately
documented. Fifteen copies of all impact statements shall be submitted
initially to the Township Secretary, for discussion with Planning
Commission and distribution to Township Engineer, Township Historic
Commission, Township Sewer Authority, and Township Planner. The Township
reserves the right to request additional or revised impact statements
as necessary.
(2)
Traffic.
(a)
Purpose. A traffic impact study shall enable
the Township to assess the likely traffic impact of a proposed development
on the various components of the transportation system. The study
shall 1) identify any traffic or transportation problems associated
with the adequacy of the existing transportation network to provide
access to/from the development with regard to the character and volume
of traffic to be generated by the proposed development; and 2) determine
the development's impact on public transportation and pedestrian and
nonvehicular circulation. The traffic impact study should also identify
solutions to the traffic or transportation problems.
(b)
Professional input. The applicant shall retain
a qualified professional traffic engineer, who shall be subject to
the approval of the Township, to prepare the traffic impact study.
(c)
LEVEL OF SERVICE
QUEUE ANALYSIS
STUDY AREA
TRIP GENERATION
VOLUME/CAPACITY ANALYSIS
Definitions. The following terms or phrases
shall have the meanings indicated when used in this section:
As defined by the Highway Capacity Manual, level of service,
ranging from A to F, measures the operational conditions within a
traffic stream in terms of such factors as speed, travel time, delay,
freedom to maneuver, traffic interruptions, comfort and convenience.
An analysis that identifies the maximum queue of vehicles
in each traffic stream, measured in feet. The analysis shall utilize
a computer model typically accepted by the Pennsylvania Department
of Transportation and the Township.
The study area shall be the area of land within the Township
that is likely to be affected by the development; the selected area
shall be approved by the Township and its Traffic Engineer prior to
initiating the study. Specific intersections to be included in the
study shall also be approved by the Township prior to initiating work.
The total count of trips to and from the subject development
per unit of land use (i.e., dwelling unit, square footage, etc.) as
established by Trip Generation. For land uses not listed in this publication
or for those land uses with limited available trip generation data,
the applicant's traffic engineer shall seek guidance from the Township
prior to completion of the study. For applications involving an expansion
or relocation of an existing facility, actual trip generation characteristics
of the existing land use may be utilized, as appropriate and subject
to acceptance by the Township. Other local sources of trip generation
data may be acceptable, subject to the approval of the Township.
An analysis that compares the volume of a traffic facility
to its capacity. The procedure for the analysis shall adhere to the
most recent edition of the Highway Capacity Manual, or other methodology
acceptable to the Township, and a computer model typically accepted
by the Pennsylvania Department of Transportation and the Township.
(d)
Contents of the traffic impact study. At the
discretion of the Township, a traffic impact study shall contain,
but not be limited to:
[1]
Site and project description. This description
shall identify the site, proposed land use(s), the surrounding area,
and the transportation setting, including:
[a]
A description of the size, location, proposed
land uses, construction staging and completion date of the proposed
development. If the development is residential, the types of dwelling
units and number of bedrooms shall be included. Also, the description
shall include the characteristics of site users with respect to their
transportation needs. In addition, the description for educational,
day-care or other similar facilities shall include a narrative of
the arrival and dismissal times, student dropoff/pickup procedures,
number of school buses, and number of students. The description shall
also include an evaluation of any proposed drive-through facilities
to establish the adequacy of the proposed design, relative to internal
access, stacking, and ingress/egress.
[b]
The existing and proposed uses of the site shall
be identified in terms of zoning classification.
[c]
A complete description of access and circulation
for the development including, but not limited to, location of access
points and method of traffic control.
[d]
Description of the adjacent external roadway
system within the study area. Major intersections in the study area
shall be identified and illustrated.
[e]
All existing and proposed public transportation
services and facilities within the study area and the surrounding
area shall be documented.
[f]
A description of the all internal roadway widths,
rights-of-way, existing and proposed parking conditions, speed limits,
and method of traffic control at all internal roads and intersections
shall be provided.
[g]
All future committed or proposed roadway and
intersection improvements within the study area shall be noted. The
responsible party and anticipated project schedule shall be identified
for each future improvement.
[2]
Existing traffic conditions. Existing traffic
conditions shall be documented for all major roadways and intersections
established as part of the approved study area and shall be based
on the following:
[a]
Existing peak-hour turning movement traffic
volumes shall be recorded at all study area intersections and shall
be conducted encompassing both the peak highway and development hours.
Daily traffic volumes shall be documented in the report for each of
the study roadways. The report shall provide figures illustrating
the peak-hour turning movement traffic volumes, and documentation
regarding all traffic counts.
[b]
A volume/capacity analysis based on existing
traffic volumes shall be performed during the peak highway and development
hours for all roadways and study intersections, including specific
conditions and/or locations as may be established by the Township.
The level of service results of the volume/capacity analysis shall
be presented graphically.
[c]
A summarization of the most recent accident
data within the study area shall be provided if required by the Township.
[d]
If recommended by the Township Engineer and agreed to by the Township
Planning Commission or Board of Supervisors, conduct a speed study
to verify the 85th percentile speed of traffic along the roads or
cartways which access to the site is provided, and the results of
this speed study will be used in the design of the access and traffic
improvements.
[Added 4-19-2010 by Ord. No. 10-04]
[3]
Future conditions analysis without the proposed
development. An evaluation of the anticipated future traffic volumes
and the ability of the roadway network to accommodate this traffic
without the proposed development shall be provided. The analysis shall
be completed for each study peak hour for the development completion
year and any interim years if development phases are proposed, unless
otherwise required by the Township, such as the design year 10 years
after the initial development opening year. This evaluation shall
include the following:
[a]
Peak-hour traffic volumes shall be projected
for the design year(s) based on traffic growth information compiled
by the Chester County Planning Commission, the Delaware Valley Regional
Planning Commission, and/or the Pennsylvania Department of Transportation.
Projected traffic volumes shall also include anticipated traffic growth
associated with other area proposed developments or developments under
construction. All assumptions and methodologies utilized to forecast
the future traffic volumes shall be clearly documented. Figures shall
be provided in the report illustrating the peak-hour turning movement
traffic volumes.
[b]
A volume/capacity analysis based on future without-development
traffic volumes shall be performed during the peak highway and development
hours for all roadways and study intersections. The level of service
results shall be presented graphically.
[c]
Roadway and intersection improvements committed
to by others for implementation prior to the design year(s) shall
be included in the analysis. The applicant's traffic engineer shall
seek guidance from the Township in determining the appropriateness
of future roadway and intersection improvements. An analysis of future
conditions both without and with improvements shall be provided, if
appropriate.
[4]
Trip generation characteristics. Estimates of
vehicle trips to result from the proposed development shall be completed
for the design year(s) peak highway and development hours, and shall
be determined as follows:
[a]
Estimation of the number of trips generated
by the proposed uses for each study hour and on a daily basis shall
be developed.
[b]
Traffic volumes generated by the proposed development
shall be distributed and assigned throughout the study area for each
of the study peak hours. Documentation of all assumptions used in
the distribution and assignment of traffic shall be provided.
[5]
Future conditions analysis with the proposed
development. A description of the adequacy of the roadway system to
accommodate future traffic with development of the site shall be provided.
The analysis shall be completed for each study peak hour for the development
completion year and any interim years if development phases are proposed,
unless otherwise required by the Township, such as the design year
10 years after the initial development opening year. The evaluation
shall include the following:
[a]
Daily and peak-hour traffic volumes shall be
projected for the design year(s). Projected traffic volumes shall
be calculated by adding the anticipated development trip generation
to the future traffic volumes without development for the roadway
network and site access. Figures shall be provided in the report illustrating
the peak-hour turning movement traffic volumes.
[b]
A volume/capacity analysis based on future with-development
traffic volumes shall be performed during the peak highway and development
hours for all roadways and study intersections. The level of service
results shall be presented graphically.
[c]
A queuing analysis shall be performed during
the peak highway and development hours for each study and site access
intersection. The results of the queuing analysis shall be presented
graphically and the available storage lengths for all existing and
proposed lanes shall be identified to determine the adequacy of these
facilities to accommodate the anticipated future vehicular traffic
queues.
[6]
Proposed improvements. A description of proposed
improvements to remedy and otherwise mitigate traffic deficiencies
and traffic impacts, as established by the analyses required herein,
shall be identified, as follows:
[a]
Improvements shall be presented for future with-development
traffic volumes to operate at Level of Service D or better for all
movements and the overall intersection, if the future without-development
conditions function at Level of Service D or better. If future without-development
conditions are at Level of Service E, the improvements identified
shall ensure that under no circumstances shall the future with-development
level of service conditions be worse than future without-development
conditions. For future with-development Level of Service F conditions,
the volume/capacity ratio and delay shall be no worse than future
without-development conditions. All site accesses shall function at
Level of Service D or better for all movements and the overall intersection.
[b]
The description of improvements shall describe
the location, nature, and schedule, as well as the party responsible
for the improvements. The listing of recommended improvements shall
include, but not necessarily be limited to, the following elements:
internal circulation design; site access design location; traffic
signal installation/operation; and roadway/intersection widening.
Although the improvement recommendations shall be consistent with
Upper Uwchlan Township's Transportation Capital Improvement Plan (most
recent revision), these improvements shall not be considered unless
they are planned within a reasonable schedule, as directed by the
Township.
[c]
A volume/capacity analysis shall be presented
demonstrating the anticipated operating conditions of the study intersections
upon implementation of any recommended improvements. The level of
service results of the volume/capacity analysis shall be presented
graphically.
[d]
Access design recommendations shall be provided
consistent with the design requirements of Upper Uwchlan Township
and/or the guidelines of the Pennsylvania Department of Transportation,
including the following:
[i]
The available sight distance measurements
shall be indicated for each access, and recommendations shall be provided
for any access location that does not provide sufficient sight distance
in accordance with the applicable requirements, which may include
relocation of the proposed access, provision of separate turning lanes,
roadway improvements, or turning restrictions;
[Amended 4-19-2010 by Ord. No. 10-04]
[ii]
The necessity for auxiliary turn
lanes at each site access intersection shall be identified based on
the current design guidelines of the Pennsylvania Department of Transportation;
and
[iii]
All access points and pedestrian
crossings shall be examined as to the need for and feasibility of
installing traffic signals or other traffic control devices, pursuant
to the guidelines and traffic signal warrants of the Pennsylvania
Department of Transportation.
[7]
Conclusions and recommendations. Projected levels
of service for all roadways and intersections shall be identified
at the conclusion of each phase of development, and a level of service
matrix shall be provided for comparison of the levels of service.
All roadways and/or intersections showing a level of service which
is deemed deficient shall be identified and specific recommendations
for the elimination of traffic problems associated with the proposed
development shall be identified. Also, improvements shall be offered
to ensure that vehicular traffic queues can be accommodated to provide
efficient access and mobility to/from the proposed development for
pedestrian and vehicular traffic. The Township shall review the methodology,
assumptions, findings, and recommendations of the applicant's traffic
impact study. The Board may request additional analyses and may also
impose upon the applicant additional improvements deemed necessary
to accommodate impacts of the development.
(3)
Recreation. The recreation impact statement shall
analyze the demand for recreational facilities which the proposed
development will generate and determine whether adequate facilities
exist or are planned or proposed. As a minimum, the study should include
the following:
(a)
A description of the projected age breakdown
of the residents of the proposed development.
(b)
A description of any recreational facilities
to be provided by the applicant.
(c)
A description of who the responsible party(s)
will be for maintenance (public and private) of any recreational facilities
to be provided by the applicant.
(d)
A description of existing municipal recreational
facilities and the impact of the proposed development on these facilities.
Accepted standards required for recreation are established in the
Upper Uwchlan Open Space, Recreation and Environmental Resources Plan,
as most recently amended, and as the Upper Uwchlan Township Comprehensive
Plan, as most recently amended.
(e)
Discussion of potential for any recreational
facilities to be provided by the applicant to compensate for any anticipated
deficiencies of the Township's recreation facilities.
(f)
A description of accessibility of proposed facilities
to general Township residents.
(g)
A description of any contributions the applicant
plans to make to Township recreation to mitigate for expected impacts.
(4)
Fiscal. A fiscal impact statement shall be prepared
for all conditional use, special exceptions and proposed zoning changes
identifying the likely impact of the development on the Township's
tax structure and expenditure patterns. Included shall be a determination
of the revenues to accrue to the Township as a result of the proposed
development, as well as an identification of the expenses associated
with delivering service to the proposed development. The fiscal impact
analysis shall deal with the impact of the proposed development on
the ability of the Township to deliver fire, police, emergency (ambulance)
administrative, public works and utility services to the development
of the Township's economy. In order to prepare the analysis, the applicant
shall utilize a methodology offered in The Fiscal Impact Handbook
(Rutgers Center for Urban Policy Research, 1978, as modified from
time to time), adapted as appropriate and to the Board's satisfaction.
The "case study method" shall be a preferred alternative; in reviewing
methodologies with the applicant, however, the Board may authorize
a different methodology if the applicant can demonstrate to the Board's
satisfaction substantial advantages in results achieved and/or efficiencies
realized. Particular aspects of the Township's service delivery capability
to be analyzed shall include:
(a)
Public works. This includes potential effects
on the maintenance, repair and upkeep of roads, signal systems, sewer,
water and drainage systems, open space and recreation areas or any
other applicable function of this department. This study shall address
projected cost increases for the above-mentioned items in terms of
administration, personnel, equipment and materials.
(b)
Administration. This includes time that would
be required by the Board of Supervisors, Manager, Administrative Assistant,
and clerical personnel to process the application and handle the project
during construction, as well as long-term administrative demands.
This should include, but not be limited to, the handling of plans,
contracts, various legal instruments or agreements, permits, special
problems, and escrow. Added demands on the code administration staff
also shall be projected.
(c)
Fire and emergency (ambulance) services. The
analysis shall incorporate the development's impact on fire company
capabilities, including but not limited to municipal water supply,
pumping capacity, specialized equipment and training requirements.
(d)
Police. The study shall project the overall
effects of the proposed development on existing Township police personnel
numbers, equipment, vehicles and working space. The plan should include
whatever facilities or assistance the development will provide to
handle emergencies, criminal investigations, armed robbery, or other
security-related problems.
(5)
Historic resources impact statement.
(a)
Applicability. An historic resources impact
statement is required when any of the following actions is proposed
within 250 feet of an historic resource as identified in the document
entitled "Historic Resources Inventory: Upper Uwchlan Township, Chester
County, Pennsylvania (Wise Preservation Planning, 2001)." The requirements
of this section may be modified by the Board of Supervisors, or the
Zoning Hearing Board, if applicable, when specific requirements are
determined not to be applicable to the preliminary subdivision or
land development application.
[1]
Subdivision or land development plans which
will lead to the new construction of buildings, structures, roads,
driveways, parking area, etc.
[2]
Subdivision or land development plans which
propose adaptive reuse or demolition of an historic resources as identified
in this chapter.
[3]
General bridge or road construction or substantial
repair.
[4]
Other land development, land disturbance, or
exterior structural alteration.
[5]
Any conditional use application.
[6]
Any planned residential development application.
[7]
Any special exception or zoning variance request.
(b)
The Board of Supervisors may require the applicant
to submit the historic resources impact statement as a subsection
of another impact statement required in this section, or as a separate
document.
(c)
The historic resources impact statement shall
be prepared by a qualified professional in historic preservation,
historical architecture, planning, or related disciplines and presented
by the applicant or his agent for discussion at a meeting of the Upper
Uwchlan Historical Commission.
(d)
Contents. The study shall contain the following
information, and any other information required by the Board of Supervisors:
[1]
Background information.
[a]
If not otherwise provided by the applicant,
a general site plan and description, including topography, watercourses,
vegetation, landscaping, existing drives, etc.
[b]
General description and classification of all
historic resources, including archeological resources as may be identified
by the Pennsylvania Historical and Museum Commission located on the
subject tract, on tracts immediately adjacent to the subject tract
or road, or within 250 feet of the subject tract or road.
[c]
Physical description of all resources identified
in Subsection H(5)(d)[1][b], above.
[d]
Statement of the significance of each historic
resource, both relative to the Township and region in general.
[e]
Narrative description of the historical development
of the subject tract or road.
[f]
Sufficient number of eight-inch-by-ten-inch
photographs to show every historic resource identified in Subsection
H(5)(d)[1][b], above, in its setting.
[2]
Proposed change.
[a]
General description of project, including timetable
of phases.
[b]
Description of impact on each historic resource
identified pursuant to this section, above, with regard to architectural
integrity, historic setting or landscape, and future use.
[c]
General description of effect of noise and traffic
and any other impacts generated by the proposed change on each historic
resource.
[3]
Mitigation measures. Recommendations for mitigating the project's impacts on historic resources, including design alternatives, screening in accordance with § 200-77, landscaping in accordance with § 200-78, and any other appropriate measures permitted under the terms of this and other Township ordinances.
(e)
Upper Uwchlan Historical Commission. The historic
resources impact statement shall be reviewed by the Upper Uwchlan
Historical Commission. The Commission shall set forth its evaluation
and recommendations in a written report.
