AN ORDINANCE OF
The Board of Supervisors of Kennett Township hereby enacts and ordains the following amendments to the Kennett Township Subdivision and Land Development Ordinance, Ordinance No. 46, as amended:
Section 1
SECTION 301.2.C.1 is amended by changing it to read in its entirety:
1.
Filing and Review
Fees.
Submission of the Preliminary Plan shall be deemed incomplete unless
accompanied by the following:
(a)
Required filing and
review fees as stipulated in Section 304.4
(b)
Proof of
notification by certified mail to all contiguous property owners to the property
proposed for development as stipulated in Section 304.6.
Section 2
SECTION 304.6 Add new as follows:
304.6
NOTIFICATION OF
CONTIGUOUS PROPERTY OWNERS
The applicant shall
notify the owners of all properties contiguous to the parcel proposed for
development by certified mail (return receipt requested).
Contiguous properties shall include those properties sharing a boundary,
or portion of a boundary, with the parcel proposed for subdivision or
development and shall include those properties that are separated from the
subject parcel by a street right-of-way (whether public or private) or waterway.
A.
Proof that the
certified letters were sent to contiguous property owners shall be submitted to
the Township Secretary at the time of Preliminary Plan submission (or Final Plan
submission in the cases of minor subdivision plans).
B.
The notice shall describe in narrative form the proposed development and
shall include anticipated dates for development, construction, and completion.
ORDINANCE NO. 127
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C.
A Preliminary Plan (or Final Plan submission in the case of minor
subdivision plans) shall be considered incomplete if not accompanied by proof of
notification by certified mail of one hundred percent (100%) of the contiguous
property owners at the time of submission.
The notice to the contiguous property owners shall occur at least one (1)
week prior to the plan submission to the Township.
D.
If for any reason the Preliminary Plan (or Final Plan submission in the
case of minor subdivision plans) as submitted is substantially changed so as to
be considered a new submission, the notification requirement shall be
reinitiated.
Section 3.
SECTION 306.2 OFFICIAL
SUBMISSION OF FINAL PLAN SHALL COMPRISE is amended as follows:
Section 306.2.A.4(d) is amended by changing it to read:
(d)
That if dedication be sought, the street shall conform to the current
Township specifications.
Section 4.
SECTION 401.1 PLAN
REQUIREMENTS
Section 401.1 is deleted in its entirety and replaced by the following:
401.1
SHEET SIZES FOR PLAN
SUBMISSION
Plans for a proposed
subdivision shall be clearly and legibly drawn to a scale of one (1) inch equals
fifty (50) feet, except that:
A.
If the average size
of the proposed lots in the subdivision is five (5) acres or larger, the plan
may be drawn to a scale of one (1) inch equals one hundred (100) feet.
B.
Plans and all
submitted prints shall be consistent with the standards of the Chester County
Recorder of Deeds Office, which requires prints to be made on sheets no smaller
than seventeen (17) inches by twenty-two (22) inches and no larger than
thirty-four (34) inches by forty-four (44) inches.
C.
Where necessary, to
avoid sheets larger than the maximum prescribed, Final Plans shall be drawn in
two (2) or more sections, accompanied by a key diagram showing relative location
of the sections.
ORDINANCE NO. 127
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Section 5.
SECTION 502 STREETS
Section 502.1.I is deleted in its entirety and replaced by the following:
I.
Private streets may
be permitted by the Board of Supervisors under the following circumstances:
1.
Private streets
shall be permitted to serve no more than twenty-four (24) existing or potential
lots and only when proper maintenance is guaranteed by the developer and when in
accordance with the requirements outlined below.
2.
Lots fronting on
private streets shall meet the minimum requirements of the Kennett Township
Zoning Ordinance, as amended, with regard to lot widths and setbacks.
3.
Design and
Construction Standards
Private streets
shall be constructed in accordance with the General Standards for public streets
of 502.1.A through H and 502.2 through 502.8 except as specified in sub-sections
a, b, and c below:
a.
Private streets
shall meet the cartway and right-of-way width requirements for private streets
as specified in Section 502.2.
b.
The maximum
centerline grade of a private street shall not exceed twelve percent (12%) and
shall have an average centerline grade over its entire length of ten percent
(10%) or less.
c.
The responsible Fire
Company shall review the design of the street and provide a recommendation to
the Board of Supervisors regarding the street’s adequacy in providing access for
emergency vehicles.
4.
Private streets
shall be clearly identified as such on each Preliminary and Final Plan.
Streets shall be named in accordance with the requirements of Section
502.1.G.
ORDINANCE NO. 127
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5.
Ownership and
Maintenance Agreements
a.
Owners of lots
fronting on or having access to a private street shall sign maintenance
agreements acceptable to the Township.
Such agreements shall state that the owners are aware that the street is
private and that no municipal services shall be provided.
b.
Deeds transferring
any lots served by such private streets shall identify the street as a private
street to be privately maintained.
c.
As a condition of
Final Plan approval, an agreement providing for maintenance, repair,
construction, and reconstruction, including drainage facility maintenance and
snowplowing of private streets shall be submitted to the Township and recorded
with the approved final plan. The
deed for each new or existing lot fronting on or having access to the private
street shall reference the agreement.
d.
Where a Homeowners
Association is being formed in conjunction with the proposed subdivision, the
street shall be maintained by said Homeowners Association.
Such maintenance requirements shall be incorporated into the regulations
of the Association as specified in Section 1506 of the Zoning Ordinance.
6.
Conditions for
Future Public Dedication of a
Where a developer
proposes to establish or continue a private street, the Board of Supervisors
shall require the developer to submit, and also to record with the Final Plan, a
copy of an agreement made with the Township Supervisors on behalf of himself and
his heirs and assigns, signed by him, which shall establish the conditions under
which the street may later be offered for dedication, and shall stipulate:
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 undedicated streets be stipulated and
shall be set forth in recorded deed restrictions so as to be binding on all
successors or assigns.
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d.
That, if dedication
were sought, the street shall conform to the current Township specifications.
7.
New Subdivisions
Accessing Existing Private Streets
a.
If a new subdivision
is proposed to access an existing private road, the applicant shall meet current
private road requirements for that portion of the road serving the new
subdivision to a public road.
b.
A lot or homeowner
using the private road prior to current private road requirements shall continue
to be responsible for road maintenance according to the terms of the maintenance
agreements already in effect, or may enter into a new agreement for road
maintenance with the new subdivision applicant.
Section 6.
SECTION 502.2 STREET WIDTHS
Private
Right-of-Way
50
Cartway
16
Section 7.
SECTION 502.4 STREET GRADES
Section 502.4.B is amended as follows:
B.
Centerline grades
shall not exceed ten percent (10%), except on major arterial streets which shall
not exceed four percent (4%).
ORDINANCE NO. 127
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ENACTED AND ORDAINED
this 27th day of September, 2000.
KENNETT TOWNSHIP
BOARD OF SUPERVISORS
Michael E. Elling
Attest:
Charles G. Shoemaker
Secretary-Treasurer
Thomas W. Nale, III