[Amended 7/24/00]
A. Plans Required
The Board of Supervisors has adopted the following procedures which shall be observed by all applicants. Whenever any subdivision of and or land development is proposed and before any construction improvement is commenced and any building permit is requested, the applicant shall apply for and secure approval in accordance with the following procedures:
1. Plans Required, Minor Subdivision
a. Sketch plan (Optional - See Section #304) [Amended 6/10/91]
b. Record Final Plan
2. Plans Required, Major Subdivision or Land Development Proposal
a. Sketch plan (Optional - See Section #304) [Amended 6/10/91]
b. Existing Resources and Site Analysis Map
c. Preliminary Plan
d. Final Plan
B. Overview of Procedures:
Items 1-4 and 6-11 below are required under this Ordinance. Item 4 (Sketch Plan Submission and Review) is optional but is very strongly encouraged as an important, valuable and highly recommended step that will speed the review process and may result in lower costs for the project. These steps shall be followed sequentially, and may be combined only at the discretion of the Township:
1. Existing Resources and Site Analysis Map, as described in Section 304E of this Ordinance
2. Site Inspection by Planning Commission and Applicant
3. Pre-Sketch Plan Conference
4. Sketch Plan Submission and Review (diagrammatic sketch, optional step)
5. Preliminary Plan: Determination of Completeness; Preliminary Resource Conservation Plan and Sewage Planning Module Submission. Review by Township and County Planning Commissions, Township Engineer and County Health Department; and Approval by Supervisors on advice of the Municipal Planning Commission. (In all zoning districts, the Four-Step Design Process described in Section 402A.C.3-4 Step Process of this Ordinance must be followed.)
6. Final Plan, Preparation: Incorporation of all Preliminary Plan Approval Conditions, Documentation of all other agency approvals, as applicable.
7. Final Plan, Submission: Determination of Completeness, Review, and
8. Approval
9. Signatures of the members of the Board.
10. Recording of approved Final Plan with County Recorder of Deeds
C. Plan Classification for Major and Minor Subdivisions
1. Classification: For purposes of procedure, all applications shall be classified as either major or minor:
a. Minor: Any subdivision in which:
1) No public or private street is constructed or is required to be widened;
2) No other completion of public improvement or guarantee thereof is required other than individual on-lot stormwater management systems;
3) No earthmoving activities will take place except those incidental to construction of a single-family dwelling on each lot; and
4) No more than three (3) lots are created.
b. Major: any land development or subdivision application not incompliance with Section 301.C.1.aor any part thereof, or for any use other than single-family residential, shall be considered a major use plan.
2. Review
a. All applications shall be subject to all review procedures specified in this article.
b. When an application includes only a portion of a landowner's entire tract or when such portion is contiguous to an adjoining tract of the landowner, a sketch layout shall be included showing future potential subdivision of all the contiguous lands belonging to the landowner to ensure that subdivision may be accomplished in accordance with current codes and with appropriate access. Submission and review of the sketch plan described in this section shall not constitute approval of the future subdivision shown thereon.
A. Submission Date - For the purpose of these regulations, for both minor and major subdivision and land development plans, whether preliminary or final, the date of the regularly scheduled meeting of the Board of Supervisors next following the date application is filed shall represent the official submission date of a plan. The Board shall render a decision and communicate it to the applicant no later than ninety (90) days from such filing date in the time, manner and form required by Section 508 of the Municipalities Planning Code (Act 247). Should the next regular meeting occur more than thirty (30) days following the filing of the application, the statutory period shall commence on the thirtieth (30th) day following the day the application has been filed. [Amended 5/8/87]
B. The official submission date shall not be assigned prior to municipal receipt of a complete application. If the Board holds any portion of the submission, pending receipt of the balance, the application shall not be deemed to have been officially received until the next regularly scheduled Board of Supervisors' meeting following the date of completing an application.
A. Submission
Applicants proposing a major subdivision shall submit a preliminary plan and application to the Township for review in accord with the provisions of this Ordinance.
B. Application
Application for consideration and approval of a preliminary or final plan shall be as set forth in Appendices A (Fees) and B (Procedure) as the same may be established and modified by resolution of the Supervisors
C. Review for Completeness of Application
D. Review Agency Recommendations
Where deemed desirable by the Township Planning Commission or Supervisors or as required by law, other agencies or professionals may be requested to review certain aspects of the plan. In such case, the applicant shall, upon request, provide such agencies with copies of the appropriate plan or other information. The cost of any reviews shall be paid out the developer's escrow account. [Amended 2/22/99]
E. Engineering and Planning
For engineering and planning services required for plan review, the applicant shall pay the actual cost of the engineering and planning review. At the time of filing an application, the applicant shall deposit an escrow amount, as set forth in Appendix A, to cover the initial engineering and planning review costs with the Board of Supervisors. If the initial amount is exhausted, the additional monies required for the engineering and planning review shall be paid either by [Amended 5/8/871:
1. Additional escrow amounts, or
2. By monthly invoices to the applicant covering the cost of the engineering and planning services.
The choice of payment method is at the sole discretion of the Board of Supervisors. All funds in excess of actual engineering and planning review fees will be returned to the applicant at the end of the application review.
F. Planning Module
Each properly filed Preliminary Plan for Subdivisions and Land Development shall include a complete Planning Module as required by the PA Department of Environmental Protection (DEP) [Amended 2/22/99]
1. The Planning Module shall be forwarded to the Township Engineer for determination of required completeness.
2. After reviewing the Planning Module for completeness, the Township Engineer shall foreword his determination to the Township.
3. Planning Modules judged complete by the Township Engineer will be forwarded to the County Board of Health for their review. Incomplete Planning Modules will be returned to the Applicant and referred to the Board of Supervisors for their prompt action on the submitted.
4. The cost of the completeness review shall be paid from the developer's escrow account. Fees for the review of the Planning Module shall be determined by the Board of Supervisors by resolution and shall be included in the developer's escrow account.
G. Inspection and Testing
For inspection and testing of site improvements during or after construction, the applicant shall pay the actual costs of inspection and testing. Upon final approval of the plans the applicant shall deposit an escrow amount, as set forth in Appendix A, to cover the initial inspection and testing costs with the Board of Supervisors. If the initial escrow amount is exhausted, the additional monies required for the inspection and testing shall be paid either by [Amended 5/8/87]
1. Additional escrow amounts, or
2. By monthly invoices to the applicant covering the cost of inspection and testing.
The choice of payment method is at the sole discretion of the Board of Supervisors. All funds in excess of actual inspection and testing fees will be returned to the applicant upon dedication of the street.
H. Completion of improvements or guarantee thereof prerequisite to final plan approval.
1. [Amended 5/8/87] No plan shall be finally approved unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this Ordinance and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains and other improvements as may be required by this Ordinance have been installed in accordance with the specifications of this Ordinance. In lieu of the completion of any improvements required as a condition for the final approval of a plan, the owner shall provide for the deposit with the Township of a corporate bond or other financial security acceptable to the Board of Supervisors in an amount sufficient to cover the costs of any improvements or common amenities, including, but not limited to, roads, storm water retention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements or buffer or screen plantings which may be required, which financial security may include among others, a lending institution letter of credit or a restrictive or escrow account in a lending institution. Without limitation as to other types of financial security which the Township may approve, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section. Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security, provided such bonding company or lending institution is authorized to conduct such business within the Commonwealth. Such bond or other security shall provide for and secure to the public the completion of any improvements which may be required within one (1) year of the date fixed in the plan for completion of such improvements. The amount of financial security shall be equal to one hundred and ten percent (I 10%) of the cost of the required improvements for which financial security is to be posted. The cost of the improvements shall be established by submission to the Board of Supervisors of a bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements or, in the absence of such bona fide bids, the costs shall be established by an estimate prepared by the Township's engineer. If the party posting the financial security requires more than. one (1) year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional ten percent (10%) for each one (1) year period beyond the first anniversary date from posting of financial security or to an amount not exceeding one hundred and ten percent (110%) of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one (1) year period by using the above bidding procedure. 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 stages of development, subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
2. 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 the release 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 forty-five (45) days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board that such portion of the work upon the improvements has been completed in accordance with the approved plan. 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 or, if the Board fails to act within said forty-five (45) day period, it shall be deemed to have approved the release of funds as requested.
The Board may, prior to final release at the time of completion and certification by its engineer, require retention of ten percent (10%) of the estimated cost of the aforesaid improvements.
If any portion of the said improvements shall not be approved or shall be rejected by the Board, the developer shall proceed to complete the same and upon completion the same procedure of notification, as outlined herein, shall be followed.
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in Section 303.H. I the Township shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plan upon actual completion of the improvements depicted upon the approved final plan. If said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the improvements of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plan, either upon the lot or lots, or beyond the lot or lots in question, if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.
3. Where the Board accepts dedication of all or some of the required improvements following completion, it may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed eighteen (18) months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in Section 303.H.1. I with regard to installation of such improvements, and the amount of the financial security shall not exceed fifteen (15) percent of the actual cost of installation of said improvements. If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section. [Amended 5/8/871
A. Applicability
B. Sketch Plan Not a Formal Filing
Submission of a Sketch Plan shall not constitute formal filing of a plan with the Township for purposes of this Article.
C. Request for Review
Ten (10) copies of the Sketch Plan and Existing Resource and Site Analysis Map accompanied by a request for review shall be submitted to the Board. The request shall come from the applicant and include the name, address and telephone of an individual who shall be authorized to receive all notices required by these regulations.
D. Existing Resources and Site Analysis Map
Applicants shall submit an Existing Resources and Site Analysis Map, in its context, prepared in accordance with the requirements contained in Section 40 LB and 402.C.3 at the time of submission of a Sketch Plan. The purpose of this key submission is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for them in making a site inspection. This map shall be provided prior to or at the site inspection, and shall form the basis for the development design as shown on the Sketch Plan or on the Preliminary Plan, if the optional Sketch Plan is not submitted.
E. Pre-Application Meeting
F. Site Inspection
After submission of a complete Sketch Plan including the Existing Resources and Site Analysis Map, applicants shall arrange for a site inspection of the property by the Planning Commission and other municipal officials, and shall distribute, copies of said Existing Resources and Site Analysis Plan at that on-site meeting. Applicants, their site designers, and the landowner are encouraged to accompany the Planning Commission. The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated Greenspace Lands, and potential locations for proposed buildings and street alignments. Comments made by municipal officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the Site Inspection.
G. Informal Conference
Following the site inspection the applicant shall meet with the Planning Commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four- step design procedure described in Sections 40 1A4 and 702B and 80 IA of this ordinance, where applicable. At the discretion of the Commission, this conference may be combined with the site inspection.
H. Sketch Plan Submission and Review
1. Ten (10) copies of a diagrammatic Sketch Plan, meeting the requirements set forth in Section 40 1, shall be submitted to the Township Secretary during business hours for distribution to the Board, the Planning Commission, the Township Planner, the Township Engineer and applicable municipal advisory boards (such as the Parks Board, the Environmental Advisory Council, the Historic Architectural Review Board, the Shade Tree Commission, and the Open Space Committee) at least seven (7) days prior to the Planning Commission meeting at which the Sketch Plan is to be discussed. The Sketch Plan diagrammatically illustrates initial thoughts about a conceptual layout for greenway lands, house sites, and street alignments, and shall be based closely upon the information contained in the Existing Resources and Site Analysis Map. The Sketch Plan shall also be designed in accordance with the four-step design process described in Sections 401A4 and 702B, and with the design review standards listed in Sections 703A and 703B.
2. The Planning Commission shall review the Sketch Plan in accordance with the criteria contained in this ordinance and with other applicable ordinances of the Township. Their review shall informally advise him/her submitter of the extent to which the proposed subdivision or land development conforms to the relevant standards of this Ordinance, and may suggest possible plan modifications that would increase its degree of general conformance. Their review shall include but is not limited to:
a. the location of all areas proposed for land disturbance (streets, foundations, yards, septic disposal systems, storm water management areas, etc.) with respect to notable features of natural or cultural significance as identified on the applicant's Existing Resources and Site Analysis Map and on Maps 1A through 1C in the London Britain Township Open Space, Recreation and Environmental Resources Plan depicting the agricultural, environmental, scenic and historic resources in the Township
b. the potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels;
c. the location of proposed access points along the existing road network;
d. the proposed building density and impervious coverage;
e. the compatibility of the proposal with respect to the objectives and policy recommendations of the Comprehensive Plan and the Open Space, Recreation, and Environmental Resources Plan; and consistency with the Zoning Ordinance.
f. Any proposed transfer of development rights. The review shall include both transferring and transferring out parcels.
The Commission shall submit its comments to the applicant and to the Board which may be in a Letter of Review Findings and Recommendations. This letter shall identify specific points where the Sketch Plan does not meet either the letter or the spirit of this ordinance or the zoning ordinance, and may also include an advisory statement that the Commission expects these points to be more adequately addressed in the Preliminary Plan. The Sketch Plan may also be submitted by the Board to the Chester County Planning Commission for review and comment.
A. Preliminary Plan
1. The Preliminary Plan is an engineered scale drawing in which layout ideas are illustrated in more than the broad, general manner appropriate for Sketch Plans. The Preliminary Plan shall include all information required for Sketch Plans listed in Sections 402 and 304H specifically including the Existing Resources and Site Analysis Map, plus further details as noted below and in Section 402 (including but not limited to the Pre-Application Meeting and the Site Inspection).
Also, applicants opting not to submit a voluntary Sketch Plan shall follow the procedures described above in Sections 304.D-G (Pre-Application Meeting, Existing Resources and Site Analysis Map, Site Inspection, and Informal Conference) when proceeding with their Preliminary Plans.
2. The applicant shall complete and sign the application form provided by the Township and shall accompany such application form with the type and number of plans, documents and other submissions required and the appropriate filing fee(s). The applicant must identify the name, address and telephone number of the record holder of legal title to the land involved (if different from the applicant), the nature of the applicant's interest in the land (whether holder of legal or equitable title or otherwise), and the name, address, and telephone number of the agent, if any. No application shall be deemed filed unless all requirements have been met and all fees therefor paid in full.
3. The Existing Resources and Site Analysis Map shall be part of the Preliminary Plan.
B. Planning Commission Review
1. The Planning Commission shall review the plan and any recommendations made by County, State and Federal agencies and the Township Planner and the Township Engineer, to determine conformance of the Plan to this ordinance, the zoning ordinance, and any other relevant ordinances of the Township.
2. After such review, the Planning Commission shall submit its report to the Board, containing its findings, recommendations, and reasons, citing specific sections of the statutes or ordinances relied upon. A copy of said report shall be given to the applicant.
C. Board Review
1. When the recommendations on the Preliminary Plan have been officially submitted to the Board by the Planning Commission, such recommendations shall be placed on said Board's agenda for review and action.
2. In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Township Planner, the Township Engineer, the Planning Commission, the County Planning Commission and Health Department and all other reviewing agencies, and comments from public hearings. Where deemed desirable by the Township Planning Commission or Supervisors or as required by law, other agencies may be requested to review certain aspects of the plan. In such case, the applicant shall, upon request, provide such agencies with copies of the appropriate plan or other information. [Amended 6/10/91]
3 . The Board may specify conditions, changes, modifications or additions thereto which it deems necessary or appropriate, and may make its decision to grant preliminary approval subject to such conditions, changes, modifications or additions. Whenever the approval of a Preliminary Plan is subject to conditions, the written action of the Board should (1) specify each condition of approval; and (2) request the applicant's written agreement to the conditions within ten (10) days of receipt of the written decision.
4. If the Preliminary Plan is not approved, or if approved with conditions, the Board's decision shall specify the defects or shortcomings found in the plan, shall describe the requirements that have not been met, and shall cite in each case the provisions of the Ordinance relied upon.
5. Notwithstanding the foregoing procedure, unless the applicant agrees in writing to extend the period for decision, the Board shall render a decision on all Preliminary Plans not more than ninety (90) days from the date of the first regular meeting of the Board of Supervisors held after a complete application was filed. However, if that regular meeting of the Board of Supervisors occurred more than thirty (30) days after the complete application was filed, the ninety (90) day period shall be measured from the thirtieth day following the date the complete application was filed.
6. The decision of the Board shall be made at a regular or special public meeting, shall be made in writing, and shall be communicated to the applicant personally or mailed to him at his last known address not later than fifteen (15) days following the decision. The form and content of the decision shall comply with applicable requirements of the Municipalities Planning Code. The decision of the Board shall also be communicated to the Board of any adjacent township, if the plan includes land in that township and/or directly abuts its boundaries.
7. The Board shall not be bound by any statement, determination or recommendation of the Planning Commission or other reviewing agency, except as may be specifically provided for in this Ordinance or other applicable law. The Board may approve as submitted, approve with conditions or reject the plan. [Amended 5/8/87]
8. A Preliminary Plan filed hereunder shall be clearly marked as such and shall not be recorded or employed as a Final Plan.
9. Any extension of the time limits of this section must be consented to in writing by the applicant, otherwise the same shall be of no effect.
