ORDINANCE NO.
173
AN ORDINANCE OF
The Board of Supervisors of
Kennett Township, after review by the Kennett Township Planning Commission and
the Chester County Planning Commission, and hearings pursuant to public notice,
as required by law, HEREBY ENACTS AND ORDAINS as follows:
Page
101 Title ......................................................................................................... 1-1
102 Short title.................................................................................................. 1-1
103
Purpose
...................................................................................................
1-1
Article II
Definitions
201 Tense, gender, and number....................................................................... 2-1
202 Meaning of words ................................................................................... 2-1
203 Terms or words not defined..................................................................... 2-1
204 Definition of terms................................................................................... 2-2
Article III
Submission, Filing, and Review Procedures
301 General procedures................................................................................... 3-1
302
Classification of plans..............................................................................
3-1
303
Minor plan filing and review procedure...................................................
3-3
304 Overview of plan filing and review process............................................. 3-3
305
Submission and review of sketch plan.....................................................
3-7
306
Submission, official filing, and review of preliminary plan......................
3-8
307 Submission, official filing, and review of final plan.............................. 3-17
308
Recording of final plan...........................................................................
3-21
309
Performance guarantee...........................................................................
3-22
310
Resubdivision procedure........................................................................
3-22
Article IV
Plan Requirements
401 General requirements................................................................................ 4-1
402 Sketch plan............................................................................................... 4-1
403 Preliminary plan........................................................................................ 4-2
404 Final plan................................................................................................ 4-18
405 Impact studies........................................................................................ 4-22
Article V
Design Standards
501 Application and general standards........................................................... 5-1
502 Streets ...................................................................................................... 5-2
503 Sidewalks, trails, and paths.................................................................... 5-13
504 (Reserved).............................................................................................. 5-16
505 Driveways............................................................................................... 5-16
506 Blocks .................................................................................................... 5-17
507 Lots 5-18
508 Sanitary sewage systems........................................................................ 5-19
509 Water supply........................................................................................... 5-20
510 Other utilities.......................................................................................... 5-21
511 Stormwater management, storm drainage, and
erosion and sediment control (See Article IX)....................................... 5-22
512 Street traffic control devices.................................................................. 5-22
513 Community facilities and utility easements............................................ 5-23
514 Monuments and markers........................................................................ 5-25
515 (Reserved).............................................................................................. 5-27
516 Natural resource protection standards.................................................... 5-27
517 Conservation of woodlands, hedgerows, and specimen vegetation...... 5-27
518 Parking areas and parking lots................................................................ 5-32
519 Landscaping........................................................................................... 5-34
520 Removal of top soil................................................................................ 5-41
Article VI
Construction and Acceptance of Public Improvements
601 Permits...................................................................................................... 6-1
602 Stormwater management and erosion and sedimentation control............ 6-1
603 Construction required............................................................................... 6-1
604 Inspections................................................................................................ 6-2
605 Partial and full release of performance guarantee.................................... 6-3
606 Monuments and markers.......................................................................... 6-3
607 Maintenance of public improvements....................................................... 6-4
608 As-built plans............................................................................................ 6-4
609 Dedication and acceptance of public improvements................................ 6-5
610 Maintenance guarantee............................................................................. 6-6
611 Recreational facilities or fees-in-lieu thereof............................................ 6-6
Article VII
Administration
701 Preventive remedies.................................................................................. 7-1
702 Civil enforcement remedies...................................................................... 7-1
703 Revision and ordinance amendment........................................................ 7-2
704 Waivers or modifications to ordinance provisions................................... 7-2
705 Appeals..................................................................................................... 7-3
706 Mobile home park permits, licenses, and inspections............................... 7-3
Article VIII
801 Regulations............................................................................................... 8-1
802 Permits, licenses and inspections.............................................................. 8-6
Article IX
Stormwater Management, Storm Drainage, and Erosion and Sediment Control
901 Purpose..................................................................................................... 9-1
902 Stormwater management.......................................................................... 9-2
903 Storm drainage....................................................................................... 9-19
904 Erosion and sediment control................................................................. 9-23
Article X When Effective; Enactment
1001 When effective....................................................................................... 10-1
1002 Enactment............................................................................................... 10-1
Appendix A
Illustrations - Road Standards, Parking Lots, Setbacks....................
A-1
Appendix C
TITLE, SHORT TITLE AND PURPOSE
SECTION 101. TITLE.
An ordinance repealing the
Kennett Township Subdivision and Land Development Ordinance of 1983, as amended,
replacing said ordinance with an ordinance establishing rules, regulations and
standards governing the subdivision of land and/or development within Kennett
Township, Chester County, Pennsylvania, pursuant to the authority set forth in
Article V of the Pennsylvania Municipalities Planning Code, as amended, and
setting forth procedures to be followed by the municipal Planning Commission and
the Board of Supervisors in applying, administering and amending these rules,
regulations and standards and prescribing penalties for the violation thereof.
SECTION 102. SHORT
TITLE.
This ordinance shall be
known and may be cited as the "Kennett Township Subdivision and Land Development
Ordinance of 2008."
SECTION 103. PURPOSE.
These regulations are
adopted in accordance with the Kennett Township Comprehensive Plan and Zoning
Ordinance to ensure coordination of subdivision and land development plans with
municipal, County and Commonwealth plans and to protect, promote and create
conditions favorable to the health, safety, morals and general welfare of all
the people, residents and visitors by:
A.
Providing standards to ensure sites suitable for building purposes and
human habitation.
B.
Providing for the harmonious, orderly and efficient development of the
Township.
C.
Providing for the coordination of proposed streets, parks and other
public facilities with existing streets and highways.
D.
Providing for adequate open space, recreation, light and air.
E.
To establish a uniform set of standards to ensure adequate and
coordinated stormwater management, water supply, wastewater management and other
appropriate utility services.
F.
Assuring equitable and just processing of subdivision plans by providing
uniform procedures and standards for the observance by both the applicant and
Township officials.
G.
Providing for design standards and appropriate improvements and assuring
prompt installation of said improvements.
H.
Protecting natural resources, including floodplains, steep slopes,
wetlands, riparian buffers, woodlands and other vegetation, water quality, and
soils in the designation and
ultimate development of sites to ensure that the development of land will be
conducted with due regard to natural features and ecosystems, so that the
highest quality environment is protected and maintained.
ARTICLE II
DEFINITIONS
SECTION 201.
TENSE, GENDER AND NUMBER.
A.
Words in the singular include the plural and those in the plural include
the singular.
B.
Words in the present tense include the future tense.
C.
Words used in the masculine gender include the feminine and neuter.
SECTION 202.
MEANING OF WORDS.
A.
The word "person," "applicant," "sub divider," "developer" and "owner"
includes any
individual, partnership, public or private association or corporation, firm,
trust, estate, municipality, governmental unit, public utility or any other
legal entity whatsoever, which is recognized by law as the subject of rights and
duties.
B.
The words "shall" and "will" are mandatory and directive; the words
"should" and "may" are permissive.
C.
The word "building" includes structures and shall be construed as if
followed by the phrase "or part thereof."
D.
The word "watercourse" includes channel, creek, ditch, drain, dry run,
spring and stream.
E.
The word "built" shall include the words "erected," "constructed," or
"altered."
F.
The word "including" shall not limit the term to the specified example,
but is intended to extend its meaning to all other instances of similar kind and
character.
G.
The word "used" shall include the words "arranged," "designed," or
"intended to be used."
SECTION 203.
TERMS OR WORDS NOT DEFINED.
Where terms or words are
not defined, they shall have their ordinarily accepted meanings or such as the
context may imply.
SECTION 204.
DEFINITION OF TERMS.
Terms or words used herein,
unless otherwise expressly stated, shall have the following meanings:
ALLEY -- A minor
right-of-way providing secondary vehicular access to the side or rear of two (2)
or more properties.
ANCHORING -- The fastening
of the mobile home or other structure to its pad (or stand) in order to prevent
upset or damage due to wind, erosion, flooding or other natural forces.
APARTMENT
-- A dwelling contained within a
multi-family residential building that includes other such dwelling units or
another type of occupancy, and provided with either independent or shared access
to the exterior of the building. (See also DWELLING, MULTI-FAMILY) [ZO]
APPLICANT -- A landowner,
sub divider or developer, as hereinafter defined, who has filed an application
for subdivision or land development, including his heirs, successors and
assigns. [MPC/ZO with minor addition]
APPLICATION FOR DEVELOPMENT
-- Every application, whether preliminary, tentative or final, required to be
filed and approved prior to start of construction or development including but
not limited to an application for a building permit, for the approval of a
subdivision plat or plan or for the approval of a development plan. [MPC]
ARCHITECT -- A licensed
architect registered in the
BLOCK -- A tract of land, a
lot or two or more contiguous lots, bounded by streets, public parks, railroad
rights-of-way, watercourses, boundary lines of the Township, unsubdivided land,
or by any combination of the above.
BOARD or BOARD OF
SUPERVISORS -- The Board of Supervisors of
BOULEVARD -- A broad street with a center island(s) in which the island is
typically landscaped and runs the full length of the street, effectively
dividing the street into two streets of opposite directions.
BUILDABLE AREA -- An area
identified on a lot to ensure that sufficient area is provided for the general
location of the building, driveway, patio, on-lot sewage facilities (where
applicable), and other necessary improvements and site alterations while meeting
the natural resource protection standards and minimum setback requirements of
this Ordinance and the Zoning Ordinance. [ZO]
BUILDING --
A
combination of materials to form a permanent structure having walls and a roof.
Included shall be all manufactured or mobile homes and trailers to be
used for human habitation.
[FEMA, ZO]
BUILDING LINE or BUILDING
SETBACK LINE -- The line established by the required front yard, defining the
minimum required distance between any building or structure or portion thereof
to be erected or altered and an adjacent right-of-way or street line. Such line
shall be measured at right angles from the street right-of-way line and shall be
parallel to said right-of-way line. [ZO]
CALIPER --
The diameter of a tree trunk measured
at a point six (6) inches above the ground.
CANOPY TREE -- A deciduous tree which, when mature, yields a significant amount
of shade during summer. Their
winter silhouettes allow for the passage of sunlight.
CARTWAY (ROADWAY) -- The
portion of a street right-of-way, paved or unpaved, intended for vehicular use.
[ZO]
CLEAR SIGHT TRIANGLE -- An
area of unobstructed vision at street intersections defined by lines of sight
between points at given distance from the intersection down the center lines of
the street as specified in Article V, Design Standards.
CODE ENFORCEMENT OFFICER,
TOWNSHIP -- An agent of the Board of Supervisors charged with the administration
and enforcement of one or more of the Township’s codes and ordinances including
the zoning ordinance, building code, or subdivision and land development
ordinance.
COMMON OPEN SPACE -- See
Open Space, Common.
COMMUNITY SEWAGE SYSTEM --
(See “Sewage System, Community”)
COMPREHENSIVE PLAN
-- The Comprehensive Plan of Kennett
Township as adopted and amended from time to time.
[ZO]
COUNTY -- The
COUNTY PLANNING COMMISSION
-- The
DIAMETER AT BREAST
HEIGHT (dbh) -- The diameter of a tree at
breast height, measured 4.5 feet from the ground surface at the point of highest
elevation in contact with the trunk of such tree. [ZO]
DEDICATION -- The
deliberate appropriation of land by its owner for any general and public use,
reserving to himself no other rights than those that are compatible with the
full exercise and enjoyment of the public uses to which the property has been
devoted.
DEVELOPER -- Any landowner,
agent of such landowner or tenant with the permission of such landowner, who
makes or causes to be made a subdivision of land or land development, as defined
by these regulations. [MPC]
DEVELOPMENT -- Any man-made
change to improved or unimproved real estate including, but not limited to, the
construction, reconstruction, renovation, repair, expansion, or alteration of
buildings or other structures; the placement of mobile/manufactured homes;
streets, and other paving; utilities; filling, grading and excavation; mining;
dredging; drilling operations, storage of equipment or materials; and the
subdivision of land. [FEMA/ZO]
DEVELOPMENT PLAN -- The
provisions for development, including a planned residential development, a plat
of subdivision, all covenants relating to use, location and bulk of buildings
and other structures, intensity of use or density of development, streets, ways
and parking facilities, common open space and public facilities. [MPC]
Development plans are further classified as minor or major subdivision
plans and minor or major land development plans in accordance with the
provisions of Article III, Submission, Filing, and Review Procedures, of this
Ordinance.
DRIP LINE -- A generally
circular line, the circumference of which is determined by the outer reaches of
a tree's widest branching points. [ZO]
DRIVEWAY -- A private cart
way located on private property providing vehicular access from such property to
and from a public or private street. [ZO]
DWELLING OR DWELLING
UNIT
-- A building or portion thereof
providing one (1) or more rooms arranged for the use of one (1) or more
individuals living together as a single housekeeping unit and having no cooking
or sanitary facilities in common with any other dwelling unit.
Dwellings are further classified by the building types in which they
occur:
A.
SINGLE-FAMILY DWELLING:
A building designed for and occupied
exclusively as a residence, containing no more than one (1) dwelling unit and
having no common or party wall with an adjacent dwelling; a detached house.
B.
TWO-FAMILY DWELLING: A building
containing two (2) dwelling units and unconnected to another building.
Such buildings may be arranged side-by-side (a twin or semi-detached
house) or one above the other (a duplex) with independent access to the exterior
for each dwelling unit.
C.
MULTIPLE OR MULTI-FAMILY DWELLING:
A building containing three (3) or more dwelling units. Such dwellings
may be arranged in building configurations such as townhouses, quadruplexes and
apartment buildings.
(See also APARTMENT, QUADRUPLEX, and TOWNHOUSE)
[ZO]
EASEMENT -- A right-of-way
granted for limited use of private land for a public or quasi-public purpose and
within which the lessee or owner of the property shall not erect any permanent
structure, but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee. [ZO]
ENDORSEMENT -- The
application of the reviewing and/or approving authority's stamp and the
signatures of the appropriate authority on the record plan.
ENGINEER -- A licensed
professional engineer registered in the
ENGINEER, TOWNSHIP -- The
duly designated representative employed by
EVERGREEN TREE --
Coniferous trees having dense, green foliage that makes them well suited to
group planting for privacy screens, windbreaks, or backdrops for flowering trees
and shrubs. They hold their needles to provide year-round shelter and color.
FLAG
FLOOD --
A temporary inundation of normally dry land areas. [FEMA/ZO]
FLOOD, ONE HUNDRED
YEAR --
A
flood that, on the average, is likely to occur once every one hundred (100)
years (i.e. that has one (1) percent chance of occurring each year, although the
flood may occur in any year). [FEMA/ZO]
FLOODPLAIN AREA --
A relatively flat or low land area which is subject to partial or complete
inundation from an adjoining or nearby stream, river or watercourse; and/or any
area subject to the unusual and rapid accumulation of surface waters from any
source.
For the purpose of this Ordinance, the floodplain area shall include the
area within the Flood Hazard District as defined by Article XVI of the Zoning
Ordinance. [FEMA/ZO]
FOREST CANOPY --
The aerial cover formed by the crowns of
trees greater than fifty (50) feet in height.
The percentage of Forest Canopy to be retained following any timber
harvesting operation shall be measured as the percentage of individual trees
greater than fifty (50) feet in height to be retained. [ZO]
FORESTRY --
The management of forests and timberlands when practiced in accordance with
accepted silvicultural principles, through developing, cultivating, harvesting,
transporting and selling trees for commercial purposes, which does not involve
any land development. (See also TIMBER HARVESTING OPERATION)
[ZO/MPC]
FRONTAGE -- The length of a
front lot line coinciding with street line.
HEDGEROW -- A linear plant
community dominated by trees and/or shrubs. Hedgerows often occur along roads,
fence lines, property lines, or between fields, and may occur naturally or be
specially planted (e.g., as a windbreak). For purposes of regulation under
Section 516 of the Kennett Township Subdivision and Land Development Ordinance,
hedgerows are considered to be woodlands. [ZO]
HERITAGE TREE --
Any tree greater than forty-eight (48)
inches dbh shall be considered a heritage tree for purpose of this Ordinance,
regardless of species. In addition,
certain tree species shall be considered heritage trees at smaller sizes as set
forth in Appendix B of the Zoning Ordinance.
In the context of a subdivision or land development review or in
consideration of any application for approval of special exception variance, or
conditional use, and upon the recommendation of a qualified forester or
equivalent professional, the Township may designate as additional heritage trees
any tree or other plant selected as uniquely representative of a class or group
in terms of size, shape, form, age, historical importance, scenic qualities,
visual prominence or other characteristics.
Trees or other plants determined to be dead or diseased or in any manner
constituting a safety hazard shall not be considered heritage trees. [ZO]
HISTORIC RESOURCE or
STRUCTURE -- Any resource or structure that is:
A.
Listed
individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on the National
Register;
B.
Certified or
preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic
district;
C.
Individually
listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior;
D.
Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified either;
or
1.
By an approved state program as determined by the Secretary of the
Interior or
2.
Directly by the Secretary of the Interior in states without approved
programs.
E.
Historic resources identified on Map 4-1, Historic Resources, of the
Kennett Township Comprehensive Plan ( 2004).
[FEMA/ZO, with addition of
word “resource” in title.]
HISTORIC RESOURCES MAP --
Map 4-1 of the Kennett Township Comprehensive Plan (2004) (See also
HISTORIC RESOURCE or STRUCTURE and
Appendix E)
HITCH -- A device which is
part of the frame or attaches to the frame of a mobile home and connects it to a
power source for the purpose of transporting the unit.
HOMEOWNERS’ ASSOCIATION --
A non-profit organization comprised of homeowners or property owners, planned
and operated under negotiated and approved rules and regulations, for the
purpose of administering the needs of residents through the maintenance of
community owned property. This term
is synonymous with property owners association.
HYDRIC SOILS --
A.
Any soil inventoried or described as hydric or as a soil with hydric
inclusions according to the Soil Survey of Chester County, Pennsylvania, or
other information provided by the U.S. Soil Conservation Service (SCS). In
Calvert
Guthrie
Chewacla
Wedhadkee
Conagree Worsham
Glenville
B.
Where site conditions may indicate that the location of hydric soils or
soils with hydric inclusions differ from locations indicated by the SCS, the
burden shall be upon the applicant to verify such location(s) to the
satisfaction of the Board of Supervisors, otherwise the SCS information shall be
presumed to be accurate. Where the
applicant seeks reclassification of hydric soils and their location, such
reclassification shall be undertaken by a Certified Soil Scientist or other
similarly qualified professional. [ZO]
IMPERVIOUS COVER -- Any
surface which precludes penetration to lower soil levels by surface water. All
buildings, including roof overhangs, parking areas, driveways, roads, sidewalks,
and other such areas in concrete or asphalt shall be considered components of
impervious cover. In addition, other areas determined by the Township Engineer
to be impervious within the meaning of this definition shall also be considered
as contributing to total impervious cover. For purposes of determining
compliance with maximum impervious cover limitations on any lot or tract,
impervious cover shall be measured as a percentage of net tract area, defined in
the Kennett Township Zoning Ordinance. [ZO]
IMPROVEMENTS -- Including,
but not limited to, grading, paving, curbing, streetlights and signs, fire
hydrants, water mains, sanitary sewer mains, including laterals to the street
right-of-way line, storm drains, including all necessary structures, sidewalks,
crosswalks, street trees and monuments. [ZO]
INDIVIDUAL ON-LOT SEWAGE
SYSTEM -- (See “Sewage System, Individual On-Lot.)
INSPECTION -- The act of
monitoring compliance with applicable provisions contained in this Ordinance or
other applicable regulations, as undertaken by authorized representatives of
INTERIOR LOT --
A lot which has no direct frontage on a public or private street, but which
obtains access to such streets by way of a private driveway or access agreement
across land owned by another party.
The front line of an interior lot shall be considered that lot line where the
driveway or access point enters the property.
The front lot line shall be the line from which the building line and
required front yard is established.
The rear lot line shall be considered that lot line which runs generally
parallel to and does not intersect with the front lot line. [ZO]
LAND DEVELOPMENT --
A.
The improvement of one lot or two or more contiguous lots, tracts or
parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings, whether
proposed initially or cumulatively, or a single nonresidential building on a lot
or lots regardless of the number of occupants or tenure; or
(2)
The division or allocation of land or space, whether initially or
cumulatively, between or among two or more existing or prospective occupants by
means of or for the purpose of streets, common areas, leaseholds, condominiums,
building groups or other features;
B.
A subdivision of land; and
C.
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code. [MPC]
LAND DEVELOPMENT, MAJOR --
A land development so classified by Article III, Submission, Filing, and Review
Procedures, of this Ordinance.
LAND DEVELOPMENT, MINOR --
A land development so classified by Article III, Submission, Filing, and Review
Procedures, of this Ordinance.
LAND DISTURBANCE --
Any activity which exposes soils, alters topography, and/or alters vegetation,
except for the removal of hazardous or alien vegetation.
Customary agricultural practices such as tilling, plowing, mowing, and
harvesting are excluded from the definition of land disturbance except where
such practices are located or proposed within a protected natural resource. [ZO]
LANDOWNER -- The legal or
beneficial owner or owners of land, including the holder of an option or
contract to purchase (whether or not such option or contract is subject to any
condition), a lessee if he is authorized under the lease to exercise the rights
of landowner or other person having a proprietary interest in land, shall be
deemed to be a landowner for the purposes of this ordinance. [MPC/ZO]
LANDSCAPE ARCHITECT -- A
licensed landscape architect registered in the
LOT LINE --
A property boundary line of any lot held in single and separate ownership. [ZO]
LOT LINE, FRONT --
The line separating the lot from the right-of-way of a street. [ZO]
LOT LINE, REAR --
Any line, except the front lot line, which is parallel to, or does not
intersect, any street line. [ZO]
LOT LINE, SIDE --
Any lot line which is not a front
line or rear lot line. [ZO]
See Appendix A for
MANUFACTURED HOME
-- See
MOBILE or MANUFACTURED HOME.
[ZO]
MANUFACTURED
MARKER -- A rust-proof
metal pipe or pin of at least 3/4 inches in diameter and at least 24 inches in
length.
MEADOW -- A plant community
or area of vegetation dominated by grasses and/or forbs, often managed through
annual or seasonal mowing.
MINIMIZE -- To reduce to
the smallest amount or extent possible. "Minimize" shall not mean complete
elimination but shall require that the most substantial efforts possible under
the circumstances have been taken to reduce the adverse effect(s) of the action
required to be minimized. "Minimize" shall include but not be limited to the
requirement that the placement of dwellings and other structures and the
locations of roads, stormwater management facilities, and other land disturbance
shall be planned and designed to reduce the adverse effect(s) of the activity in
question to the smallest amount possible under the circumstances consistent with
otherwise permitted development. [ZO]
MINOR PUBLIC UTILITY
FACILITY -- An enclosed facility designed
to provide limited utility services to the local community or part thereof, and
operated by a local municipality, a municipal authority organized by such
municipality, a public corporation or association, or an entity subject to the
jurisdiction of the PA Public Utility Commission. This definition includes
electrical substations and transformers serving a single development or a
limited area of the Township, water and sewage pumping stations, community
on-site sewage systems having a treatment capacity of not more than
fifty-thousand (50,000) gallons of effluent per day, commonly referred to as a
COLDS (Community On Lot Disposal System) and communications systems, but
excluding cellular communications towers and facilities. [ZO]
MITIGATION (per Chapter
105, DEP regs.) --
A.
An action undertaken to accomplish one or more of the following:
(1)
Avoid and minimize impacts by limiting the degree or magnitude of the
action and its implementation.
(2)
Rectify the impact by repairing, rehabilitating or restoring the impacted
environment.
(3)
Reduce or eliminate the impact over time by preservation and maintenance
operations during the life of the action.
B.
If the impact cannot be eliminated by following Subsection A(1) through
(3) above, compensate for the impact by replacing the environment impacted by
the project or by providing substitute resources or environments.
[ZO]
MOBILE HOME PAD -- A level
concrete area to which the mobile
home shall be anchored and equal in length and width to the dimensions of the
mobile home to be placed thereon.
MOBILE OR
MANUFACTURED HOME PARK
-- A parcel or contiguous parcels of
land under single and separate ownership which has been planned and improved for
the placement of mobile or manufactured homes for non transient use, consisting
of two (2) or more mobile home lots. [FEMA and MPC, combined definition, ZO]
MOBILE HOME SKIRTS --
Panels specifically designed for the purpose of screening the underside of a
mobile home by forming an extension of the vertical exterior walls of the mobile
home and covering the entire distance between the bottom of the exterior walls
and the ground elevation below.
MODULAR HOME
-- A
factory built home, other than a mobile or manufactured home, constructed on
site in accordance with the Township Building Code and composed of components
substantially assembled in a manufacturing plant and transported to a building
site for final assembly on a permanent foundation.
[ZO]
MONUMENT -- A stone or
concrete post with a flat top at least four inches in diameter or square,
containing a copper or brass dowel (plug), and at least 24 inches in length
(preferred 30 inches to 36 inches).
MUNICIPAL AUTHORITY
-- A
body politic and corporate created pursuant to the act of May 2, 1945 (P.L.382,
No.164), known as the “Municipality Authorities Act of 1945” or its successor.
[MPC/ZO]
MUNICIPAL USE
-- Any building, structure, facility,
complex, area or use, provided, constructed, or maintained by the municipal
government of
MUNICIPALITIES PLANNING
CODE -- The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as
amended. [ZO]
MUNICIPALITY -- The
OFFICIAL PLANS -- The
Comprehensive Development Plan and/or Official Map and/or Topographical Survey
and/or such other plans, or portions thereof, as may have been adopted by the
Township pursuant to statute for the area in which the subdivision of land
development is located.
OLDFIELD -- An area
undergoing natural succession characterized by the presence of herbs, shrubs and
small trees (seedlings) whose branches do not form a complete or nearly complete
aerial canopy. [ZO]
OPEN SPACE -- An
area of undeveloped land that may be publicly or privately owned and may or may
not provide access to the public.
Open space land is not covered by structures or pavements and may include
streams, ponds, woodlands, meadows, fields, lawns and other undeveloped areas.
Note that structures
and pavement may, under certain circumstances, be located within open space, but
are generally not counted towards the total open space area.
OPEN SPACE, COMMON
--
A parcel or parcels of land or an area of water, or a combination of land and
water within a development site and designed and intended for the use or
enjoyment of residents of a development, not including streets, off-street
parking areas, areas set aside for public facilities, and required setbacks and
buffers. [ZO/MPC with minor modification]
OPEN SPACE
MANAGEMENT PLAN --
A plan which provides for the long-term
management over time of private, public, or common open space, in accordance
with Section 1707 of the Kennett Township Zoning Ordinance. [ZO]
OPEN SPACE,
RESTRICTED -- A parcel or parcels of land
permanently restricted from further subdivision or development for other than
open space purposes permitted in accordance with the Kennett Township Zoning
Ordinance. [ZO/MPC with minor
modification]
PASTURE -- A plant
community or area of vegetation dominated by grasses which is actively or
periodically grazed by livestock or which is managed through mowing to maintain
the appearance and vegetative characteristics of pasture.
PATH -- A trail that is
designed, constructed, and maintained and used primarily for one form of travel,
such as a bicycle path or a walking path.
(See also TRAIL)
PLAN, FINAL -- A complete
and exact subdivision or land development plan, including all required
information and supplementary documentation as specified by this Ordinance for a
final plan, prepared for official recording, by a registered engineer, surveyor,
architect or landscape architect.
PLANNING COMMISSION or
TOWNSHIP PLANNING COMMISSION -- The Planning Commission of the Township of
Kennett, Chester County, Pennsylvania. [ZO]
PLAN, PRELIMINARY -- A
preliminary subdivision or land development plan, including all required
information and supplementary documentation as specified by this Ordinance for a
preliminary plan, for consideration
prior to preparation of a final plan prepared by a registered engineer,
surveyor, architect or landscape architect.
PLAN, RECORD -- The copy of
the final plan which contains the original endorsements of the County Planning
Commission and the municipality(ies) and which is intended to be recorded with
the County Recorder of Deeds and prepared by a registered engineer, surveyor,
architect or landscape architect.
PLAN, SKETCH -- A tentative
plan drawn approximately to scale, submitted at the applicant’s option,
indicating existing features of the tract and showing approximate street and lot
layout and other relevant information suggested by this Ordinance as a basis for
consideration, prior to preparation of a preliminary plan.
PLANTING, SCREEN -- A strip
of planting sufficient to provide an effective screen, having an initial height
of not less than five feet, the ultimate height and width of which shall not be
less than 10 feet, and consisting of not less than 50% evergreen vegetation
distributed throughout the length of the strip.
PLAT -- A map or plan of a
subdivision or land development, whether preliminary or final.
PNDI --
PONDS -- Natural or
artificial bodies of water which retain water year-round.
Artificial bodies of water may be created by dams, or result from
excavation. [ZO]
POTENTIAL RARE, THREATENED,
ENDANGERED (RTE) SPECIES SITES --
A.
Sites in which federally and/or state recognized RTE species of flora
and/or fauna have been observed in the past, yet are not identified by the PNDI
and/or the Chester County Natural Areas Inventory;
B.
Sites which provide suitable habitat for federally and/or state
recognized RTE species of fauna.
(See also RARE, THREATENED,
ENDANGERED (RTE) SPECIES SITES)
PUBLIC GROUNDS -- Includes
municipally owned or operated parks, playgrounds and other similar areas and the
sites for schools, sewage treatment and refuse disposal.
PUBLIC HEARING -- A
formal meeting held pursuant to public notice by the governing body or planning
agency, intended to inform and obtain public comment, prior to taking action in
accordance with the Municipalities Planning Code.
[ZO/MPC]
PUBLIC NOTICE -- Notice
published once each week for two successive weeks in a newspaper of general
circulation in the municipality. Such notice shall state the time and place of
the hearing and the particular nature of the matter to be considered at the
hearing. The first publication shall not be more than 30 days and the second
publication shall not be less than seven days from the date of the hearing.
[ZO/MPC]
PUBLIC USE
-- Any building, structure, facility,
complex, or area used by the general public or which provides a service to the
public, whether constructed by a state, county, federal, municipal, or
governmental agency or authority other than that of Kennett Township. [ZO] (See
also
MUNICIPAL USE)
QUADRUPLEX -- Four (4)
attached dwellings in one (1) building in which each unit has two (2) open
exposures and shares two (2) walls with adjoining units. (See also DWELLING,
MULTI-FAMILY) [ZO]
RARE, THREATENED,
ENDANGERED (RTE) SPECIES SITES --
A.
Sites which have been identified on the Pennsylvania Natural Diversity
Inventory (PNDI) and/or the Chester County Natural Areas Inventory as possessing
floral and/or faunal species of concern;
B.
Sites in which federally and/or state recognized RTE species of flora
and/or fauna are present.
(See also POTENTIAL RARE,
THREATENED, ENDANGERED (RTE) SPECIES SITES)
RESERVE STRIP -- A parcel
of ground in separate ownership separating a street from other adjacent
properties or from another street.
RESOURCE CONSERVATION
GUIDANCE MAP(S) -- A map or plan produced, adopted or accepted and, from time to
time, amended by the Township, which identifies and describes specific Township
resources. The following maps, as
further defined in this Article under their specific titles, are classified as
resource conservation guidance maps:
Historic Resources Map; Visually Significant Resources Map;
RESUBDIVISION -- Any
replatting or resubdivision of land, limited to changes in lot lines on the
approved final plan or recorded plan as specified in Article III, Section 312,
of this Ordinance. See "subdivision."
REVERSE FRONTAGE LOT -- A
lot extending between and having frontage on two generally parallel streets
(excluding service streets), with vehicular access limited to the lower order
street, as defined in the Comprehensive Plan.
[ZO]
RIGHT-OF-WAY -- The land
area reserved or dedicated as a street, alley, and crosswalk or for other
purposes. [ZO]
RIPARIAN BUFFER --
An area of trees and other vegetation
adjacent to a watercourse that forms a transition area between the aquatic and
terrestrial environment. The
riparian buffer is designed to separate more intensive human land uses from
sensitive water resources and especially to intercept runoff from upland sources
for the purpose of mitigating the effects of nutrients, sediment, organic
matter, pesticides or other pollutants prior to entry into surface waters.
The riparian buffer shall be divided into two Zones:
A.
ZONE ONE:
INNER RIPARIAN BUFFER.
This zone shall begin at each edge of any identified watercourse and
shall occupy a margin of land on each side, each with a minimum width of
thirty-five (35) feet. The width of
such margin shall be measured horizontally on a line perpendicular to the
nearest edge of the water at bank full flow, as reviewed and approved by the
Township Engineer. Where very steep
slopes (+25%) are located within and extend beyond such margin, Zone One shall
extend to include the entirety of the very steep slopes up to a maximum
dimension of one hundred (100) feet on either side of the subject watercourse.
B.
ZONE TWO:
OUTER RIPARIAN BUFFER.
This zone begins at the outer edge and on each side of any area
delineated within Zone One and occupies any additional area, if any, within one
hundred (100) feet of the nearest edge of any watercourse, measured as for Zone
One.
[ZO]
RIPARIAN CORRIDOR --
A linear open space network along the streams of Kennett Township and their
tributaries intended to provide protective buffers to the streams for water
quality, flood management, and wildlife habitat purposes, and so designated on
the “Woodland and Riparian Corridors Plan” map ( 2005) adopted by the Board of
Supervisors as an addendum to the Zoning Map of Kennett Township.
Note that “Riparian Buffers” are separately defined and regulated under
the ordinances of
ROADWAY -- See "cart way."
RTE -- Rare, threatened or
endangered plant or animal species.
SCREENING --
The use of plant materials, fencing and/or earthen berms to aid in the
concealment of such features as parking areas and vehicles within them, and to
provide privacy between two (2) or more different land uses which abut one
another. [ZO]
SANITARY SEWAGE -- All
water-carried domestic and industrial sanitary waste from residences, offices,
hotels, stores, restaurants, commercial establishments, industrial
establishments, and similar users within the Township. (Ordinance No. 167)
SANITARY SEWAGE SYSTEM --
All facilities, as of any particular time, for collecting, pumping,
transferring, treating, and disposing of sanitary sewage and industrial waste.
(Ordinance No. 167)
SEWAGE FACILITIES ACT --
The Pennsylvania Sewage Facilities Act, Act 537 of 1966, as amended.
SEWAGE FACILITIES PLAN --
The official plan for the provision of sewage systems adopted by the Township
pursuant to the Sewage Facilities Act.
SEWAGE SYSTEM, INDIVIDUAL
ON-LOT -- For the purpose of this ordinance, individual on-lot sewage systems
are those sanitary sewage systems designed to treat and dispose of sanitary
sewage from one single family residence or a non-residential use generating a
four hundred (400) gallon per day or less sewage flow, as calculated by the
standards of Title 25, Chapter 73 of the Pennsylvania Code. (Ordinance No. 167)
SEWAGE SYSTEM, COMMUNITY
-- A sanitary sewage system,
whether publicly or privately owned, intended to serve the sanitary sewage needs
of two or more residences or the sanitary sewage needs of non-residential use
generating greater than four hundred (400) gallons per day flow, as calculated
by the standards of Title 25, Chapter 73 of the Pennsylvania Code or the
Pennsylvania Department of Environmental Protection Domestic Wastewater
Facilities Manual, as applicable. (Ordinance No. 167)
SEWAGE SERVICE,
PUBLIC -- A system for the collection and
disposal of sewage owned and operated by a municipality or authority and
approved by the Chester County Health Department and the Pennsylvania Department
of Environmental Protection. [ZO]
SITE ANALYSES --
Investigation, study, and documentation of property proposed for subdivision
and/or land development and adjacent areas, including review of established
information sources as well as on-site investigation, in accordance with the
provisions of Sections 403B to 403E of the Kennett Township Subdivision and Land
Development Ordinance.
SIGHT DISTANCE -- The
maximum extent of unobstructed vision along a street from a vehicle located at
any given point on the street.
SIGHT DISTANCE AT
INTERSECTIONS -- The maximum extent of unobstructed vision from a vehicle
located at a set point from the intersection. For the purposes of this
Ordinance, sight distance at intersections is measured from a point set back a
specified distance from the intersection pavement edge or a street controlled by
a stop sign or signal.
(15’ setback may vary)
SLOPE -- The ratio of the
change in elevation over the horizontal distance as measured between consecutive
contour lines, expressed as a percent. Except for purposes of sketch plan
submission, contour intervals shall not exceed two feet. [ZO]
SOLICITOR, TOWNSHIP -- The
attorney appointed by the Board of Supervisors or his duly authorized
representative.
SPECIMEN TREE -- Any tree
meeting the definition of "specimen vegetation." [ZO]
SPECIMEN VEGETATION -- [ZO]
A.
Any individual plant or group of plants identified on the Visually
Significant Resources Map (2002) of the Kennett Township Visual
Resources Analysis, or which are located in a Rare, Threatened, Endangered
(RTE) Species Site;
B.
A Heritage Tree, as defined in this Ordinance; or
C.
Any tree or other vegetation determined to be of specimen quality as
determined by a registered landscape architect or which generally falls within
the parameters of those trees listed in Appendix B of the Zoning Ordinance,
Heritage Trees.
STAGED DEVELOPMENT -- The
procedure by which the landowner develops sections of his land in stages.
Staged development is also commonly referred to as “phased development.”
STEEP SLOPE --
[ZO]
A.
Those areas of land where the grade is 15% or greater. For the purpose of
this ordinance, steep slopes are divided into two categories:
(1)
Moderately steep slopes are those areas of land where the grade is 15% to
25%.
(2)
Very steep slopes are those areas of land where the grade is greater than
25%.
B.
Slopes shall be measured as the change in elevation over the horizontal
distance between consecutive contour lines and expressed as a percent. For the
purpose of application of these regulations slope shall be measured over three
or more two-foot contour intervals (six cumulative vertical feet of slope). All
slope measurements shall be determined by a topographic survey signed and sealed
by a registered surveyor or engineer licensed to practice in the
STREAM -- Any watercourse.
[ZO]
STREET -- A strip of land,
including the entire right-of-way (i.e., not limited to the cart way) to provide
access to more than one lot. The word "street" includes street, avenue,
boulevard, thoroughfare, road, highway, freeway, parkway, lane, alley, and other
ways used or intended to be used by vehicular traffic or pedestrians, whether
public or private. Streets are further classified according to the function they
perform. Streets in the Township are of the following types: [ZO/MPC]
A.
LOCAL STREETS -- Streets which primarily serve an access function to
abutting properties and are designed to have very low travel speeds and handle
low traffic volumes (less than 1,500 daily trips). They direct local traffic to
the collector and arterial street network.
B.
CUL-DE-SAC STREET -- A local street intersecting another street at one
end and terminating at the other end by a permanent vehicular turnaround.
C.
PRIVATE STREETS -- Streets which are not dedicated for public use and
maintenance, primarily serving a limited number of lots which do not have direct
access to a public road.
D.
COLLECTOR STREETS -- Streets which serve as both inter-municipal
connections between local neighborhoods and as intra-regional connections
between adjacent municipalities. Collector streets serve as feeder routes to the
arterial system from the local street system and are designed for slow to
moderate speeds and low to moderate traffic volumes (1,000 to 7,000 daily
trips). Their primary function is a
mix of mobility and access, with the emphasis on access for lower volume
collector roads (1,000 to 3,000 daily trips) and the priority on mobility for
higher volume collector roads (4,000 to 7,000 daily trips).
E.
MINOR ARTERIAL STREETS -- Streets which serve as inter- and
intra-regional roadways with moderate to high travel speeds and moderate traffic
volumes (5,000 to 15,000 daily trips). Their primary function is on mobility
with a moderate access component.
F.
MAJOR ARTERIAL STREETS -- Streets which serve as inter- and
intra-regional roadways, and transport high volumes of traffic (10,000 to 35,000
daily trips) at relatively high rates of speed. They facilitate through-traffic
over long distances within the region. Access points are controlled, but not
restricted.
G.
EXPRESSWAY -- Controlled, limited access highways designed to accommodate
large volumes (25,000+ daily trips) of high speed, interregional traffic with an
emphasis on through trips. Lanes are generally divided by median strips and
access points are restricted to interchanges.
STREET CENTERLINE -- A line
which is an equal distance from both street lines. [ZO]
STREET LINE -- The edge,
limit or boundary of the legal right-of-way of a street or road.
[ZO]
STREET, PRIVATE -- A means
of access to more than three lots or the potential for more than three lots via
a road which has not been offered nor accepted for public dedication to Kennett
Township, but excluding driveways. [ZO]
STREET, PUBLIC -- An
approved and dedicated right-of-way including cart way and all public
improvements owned and maintained by Kennett Township and in accordance with the
applicable provisions of the this Ordinance.
[ZO]
STREET TREE -- A tree, shrub, bush or other woody vegetation growing within a
public right of way along a street, in a median, in a boulevard, in a sidewalk
tree well or median tree well, or in a similar area in which the public right of
way borders areas owned by private individuals.
STRUCTURE --
Anything constructed or erected on the ground or attached to the ground
including, but not limited to buildings, sheds, mobile homes, and other similar
items. This term includes any man-made object having an ascertainable stationary
location on or in land or water whether or not affixed to land.
(ZO/FEMA and MPC]
SUBDIVIDER -- Any
landowner, agent of such landowner or tenant with the permission of such
landowner, who makes or causes to be made a subdivision of land, as defined by
these regulations.
SUBDIVISION -- The division
or redivision of a lot, tract or parcel of land by any means into two or more
lots, tracts, parcels or other divisions of land, including changes in existing
lot lines for the purpose, whether immediate or future, of lease, partition by
the court for distribution to heirs or devisees, transfer of ownership or
building or lot development; provided, however, that the subdivision by lease of
land for agricultural purposes into parcels of more than 10 acres, not involving
any new street or easement of access or any residential dwelling, shall be
exempted. [MPC/ZO] (See also LAND
DEVELOPMENT)
SUBDIVISION, MAJOR -- A
subdivision so classified by Article III, Submission, Filing, and Review
Procedures, of this Ordinance.
SUBDIVISION, MINOR -- A
subdivision so classified by Article III, Submission, Filing, and Review
Procedures, of this Ordinance.
SUPERVISORS --
See “BOARD or BOARD OF SUPERVISORS.”
SURVEYOR -- A licensed
surveyor registered in the
TIMBER HARVESTING OPERATION
-- The disturbance for commercial purposes, and in compliance with an approved
timber harvesting plan, of more than one half (0.5) acre of woodland on any lot,
whether during a single timber harvesting operation or cumulatively in
successive operations within a three (3) year period.
The removal of dead or diseased trees or non-native invasive species, the
cutting of trees for personal firewood use or as a part of a Christmas tree
farming operation, or the clearing of an area in accordance with an approved
subdivision or land development plan or building permit shall not be considered
a timber harvesting operation.
Forestry, as defined by the Pennsylvania Municipalities Planning Code, as
amended, shall be considered a timber harvesting operation and shall require the
submittal and approval of a timber harvesting plan. (See also FORESTRY) [ZO]
TIMBER HARVESTING PLAN -- A
description, by means of text and maps, of proposed actions involving the
removal of trees from a tract of land. Such plan shall have been prepared by a
forester with demonstrable expertise in forest management and shall be in
accordance with the timber harvesting requirements of Section1802.G of the
Zoning Ordinance. [ZO]
TOWNHOUSE --
A dwelling contained within a multi-family residential building that contains
not more than eight (8) dwellings, each with independent access to the exterior
and sharing not more than two (2) party walls in common with other dwellings.
(See also DWELLING, MULTI-FAMILY) [ZO]
TOWNSHIP -- The
TRACT -- An area of land,
parcel, or property which is under single and separate ownership.
When assembled for the purpose of a unified development, such as an
industrial park or retirement community, a tract may consist of one or more lots
or parcels. [ZO]
TRAIL -- A linear route
used for non-motorized recreation or transportation purposes such as walking,
jogging, hiking, bicycling, or horseback riding.
Depending on their intended use, trails may be paved or unpaved. (See
also PATH)
USE -- The specific purpose
for which land or a building is designed, arranged, intended or for which it is
or may be occupied or maintained. [ZO]
VISUALLY SIGNIFICANT
RESOURCES -- Areas within the Township identified as "visually significant
landscapes," including lands identified as "Rural," "Urban Transition," and
"Village/Crossroads" in the Visually Significant Resources Map (2002) of the
Kennett Township Visual Resources Analysis. (See also Appendix E)
WATERCOURSE -- A channel or
conveyance of surface water having defined bed and banks, whether natural or
artificial, with perennial or intermittent flow (per Chapter 105, DEP regs.).
[ZO]
WATER DISTRIBUTION SYSTEM,
COMMUNITY -- A system for supplying and distributing water from a common source
to two or more dwellings and/or other buildings within a single neighborhood.
[ZO]
WATER DISTRIBUTION SYSTEM,
ON-SITE -- A system for supplying and distributing water to a single dwelling or
other building from a source located on the same lot. [ZO]
WATER DISTRIBUTION SYSTEM,
PUBLIC -- A system for supplying and distributing water from a common source to
dwellings and other buildings, but generally not confined to one neighborhood.
[ZO]
WATERS OF THE COMMONWEALTH
-- Regulated waters of the Commonwealth, including watercourses, streams or
bodies of water and their floodways wholly or partly within or forming part of
the boundary of the Commonwealth of Pennsylvania (per Chapter 105, DEP regs.).
[ZO]
WETLAND DELINEATION
-- The on-site method or process for
identifying wetlands which is currently adopted by the Pennsylvania Department
of Environmental Protection. (Note:
The Commonwealth, as of August 2005, requires the methodology outlined in
U.S. Army Corps of Engineers Wetlands
Delineation Manual, Technical Report Y-87-1, January 1987.)
[ZO]
WETLAND DELINEATION REPORT
-- A document that describes the investigation procedures and findings of a
wetland delineation. [ZO]
WETLAND MARGIN --
The transitional area extending a minimum of fifty (50) feet from the outer
limit of a wetland. [ZO]
WETLANDS --
Those areas inundated or saturated by
surface water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances, do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including swamps,
marshes, bogs, ponds, lakes, and similar areas.
Wetlands include all lands regulated as wetlands by the Pennsylvania
Department of Environmental Protection or the U. S. Army Corps of Engineers.
In the event there is a conflict between the definitions of these
agencies, the more restrictive definition shall apply.
[ZO]
WOODLAND -- A tree mass or
plant community covering an area of one-quarter acre or more in which tree
species are dominant or co dominant and the branches of the trees form a
complete, or nearly complete, aerial canopy. The extent of any woodland plant
community or any part thereof shall be measured from the outermost drip line of
all the trees in such plant community.
WOODLAND AND
RIPARIAN CORRIDORS PLAN -- The
WOODLAND
CLASSIFICATION AND
WOODLAND
CORRIDOR --
A linear open space network characterized
by continuous woodland cover intended to provide habitat and safe passage for
forest wildlife across Kennett Township, and so designated on any plan or map as
may be adopted by the Board of Supervisors as an addendum to the Zoning Map of
Kennett Township, including the “Woodland and Riparian Corridors Plan” map (See
WOODLAND AND RIPARIAN CORRIDORS PLAN).
[ZO]
WOODLAND DISTURBANCE --
A.
Any activity which alters the existing structure of a woodland or
hedgerow. Alterations include the cutting or removal of canopy trees, sub canopy
trees, under story shrubs and vines, woody and herbaceous woodland floor species
as well as the removal of humus or duff from the ground.
B.
Any activity which constitutes a land disturbance (exposes soils, alters
topography) within a woodland or hedgerow.
C.
"
(1)
Removal of vegetation which constitutes hazardous condition(s); nor
(2)
Selective cutting or removal of invasive alien trees, shrubs, vines or
herbaceous species including: Rosa multiflora (Multiflora Rose), Eleagnus
umbellata (Autumn Olive), Lonicera japonica (Japanese Honeysuckle), Celastrus
orbiculatus (Oriental Bittersweet), Acer platanoides (Norway Maple), Pueraria
lobata (Kudzu) and Polygonum perfoliatum (Mile-a-Minute Weed); nor
D.
Where woodland disturbance is regulated as a Timber Harvesting Operation,
such operation shall not be separately regulated as woodland disturbance.
[ZO]
YARD --
An open area within a lot that lies between a
lot line and any principal structure on the lot.
The minimum required yard depth is unoccupied except for vegetation or
authorized accessory structures. [ZO]
YARD, FRONT --
A yard extending the full width of the front lot line and extending in depth
from such lot line to the nearest portion of any principal building on the lot.
In the case of a corner lot, the yards extending along all streets are front
yards and the remaining yards shall include a rear yard, opposite the street to
which the front of the principal building is predominantly faced, and a side
yard, opposite the other street. [ZO]
YARD, REAR --
A yard extending the full width of the lot along the rear lot line and extending
in depth from the rear lot line to the nearest portion of any principal building
on the lot. [ZO]
YARD, SIDE --
A yard extending the full depth of the lot along a side lot line and extending
in width from such side lot line to the nearest portion of any principal
building on the lot. [ZO]
See Appendix A for Yard Illustrations.
ZONING MAP --
The Zoning Map of Kennett Township,
ZONING OFFICER, TOWNSHIP --
The officer or other designated authority charged with the enforcement of the
Township Zoning Ordinance. [ZO]
ZONING ORDINANCE
-- The Zoning Ordinance of Kennett
Township,
ARTICLE III
SUBMISSION, FILING, AND REVIEW PROCEDURES
SECTION 301.
GENERAL PROCEDURES.
A.
All plans for subdivision or land development within or partially within
the corporate limits of the Township shall be reviewed by the Township Planning
Commission and other Township, state or county officials as deemed necessary,
and shall be approved or denied after review by the Township Supervisors in
accordance with procedures specified in this ordinance.
B.
No subdivision or land development of any lot, tract or parcel of land
shall be made, and no street, alley, sanitary sewer, storm sewer, water main or
other facilities in connection therewith shall be laid out, constructed, opened
or dedicated for public use or travel or for the common use of occupants of
buildings abutting or to abut thereon, except in strict accordance with the
provisions of this ordinance. [MPC 507]
C.
No
lot in a subdivision may be sold, no permit to erect, alter or repair any
building upon land in a subdivision or land development may be issued, unless or
until a subdivision or land development plan has been approved and recorded, and
until the required improvements in connection therewith have either been
constructed or the completion thereof has been assured by means of a proper
completion guarantee as required hereinafter.
D.
A mobile home park shall be considered a land development under the terms
of this ordinance and shall be subject to the filing and review procedures of
this Article, the plan requirements of Article IV, and the general requirements
of Article VIII of this ordinance, as well as Article XXII of the Kennett
Township Zoning Ordinance of 2006, as amended.
SECTION 302.
CLASSIFICATION OF PLANS.
A.
All subdivision and land development applications shall, for the purposes
of this ordinance, be classified as either minor or major.
Plans shall be classified in accordance with the following criteria:
(1)
Minor Subdivision Plan
A subdivision plan may be
classified as a minor subdivision where the following circumstances apply:
(a)
No street, either public or private, nor any improvement (including the
extension of a public water or sewer main), which is intended to be dedicated to
the Township, is to be constructed; and
(b)
No more than three lots are proposed; and
(c)
No further subdivision can occur within the resulting lots; and
(d)
No land disturbance activities will take place except those incidental to
construction of a single family detached dwelling on a single family lot; or
(e)
Where the purpose of the plan is to provide a lot line adjustment or a
recombination of lots and no development is proposed.
(2)
A land development plan may
be classified as a minor land development where the following circumstances
apply:
(a)
The addition to an existing non-residential structure where the addition
has an area of not more than 10% of the existing gross floor area or 1,000
square feet, whichever is less; or
(b)
The expansion of an existing parking lot where the expansion has an area
of not more than 20% of the existing parking lot area or 1,500 square feet,
whichever is less; or
(c)
A minor public utility facility.
(3)
Major Subdivision or Land Development Plan
All subdivision or land
development plans not meeting the minor criteria, as defined above, shall be
classified as a major subdivision or land development plan.
(1)
Subdivision or land development plan applications shall be submitted to
the Township Secretary/Treasurer who shall make a determination of whether the
plan is classified as major or minor.
Where there is a question as to the proper classification of the plan,
the Township Secretary/Treasurer may, at his or her discretion, forward the
application to the Township Code Enforcement Officer for a determination of
classification.
(2)
Applications for subdivision or land development shall be submitted in
accordance with the following review procedures:
Plan
Stage
|
Minor Subdivision
or Land Development |
Major Subdivision
or Land Development |
See Section |
|
Sketch |
Recommended |
Recommended |
305 |
|
Preliminary |
Not Required |
Required |
306 |
|
Final |
Required |
Required |
307 |
(3)
The Board of Supervisors, upon recommendation of the Planning Commission,
may require a preliminary plan for minor subdivisions or minor land developments
otherwise exempted above if they determine that the development has the
potential to cause significant harm to the environment or the health, safety, or
welfare of the citizens of
SECTION 303.
MINOR PLAN FILING AND REVIEW PROCEDURE.
Where an application
qualifies as a minor subdivision or minor land development under the terms of
Section 302, the applicant may submit a final plan, prepared in accordance with
the applicable provisions of Section 404.
Such plan shall be filed and reviewed in accordance with the applicable
provisions of Section 307.
SECTION 304.
OVERVIEW OF PLAN FILING AND
REVIEW PROCESS.
The purpose of this section
is to provide an overview of the steps in the plan preparation, filing and
review process, to enable applicants to easily follow the process established by
A.
Pre-submission Steps
(1)
Background and preparation. The applicant shall review the Kennett
Township Comprehensive Plan, the Open Space and Recreation Plan, the Sewage
Facilities Plan, the Zoning Ordinance, Subdivision and Land Development
Ordinance, and the Resource Conservation Guidance Maps, as defined by this
ordinance, prior to initiation of any application.
(2)
Conceptual discussions. While optional, it is strongly recommended that
the applicant request through the Township Secretary/Treasurer to be put on the
Planning Commission agenda at which time they will be assigned to a planning
commission subcommittee. This step
will allow for informal discussion of potential subdivision or land development
plans and will provide an opportunity to:
(a)
Facilitate familiarity and understanding of community planning
objectives, prior to initiation of any application for plan approval.
(b)
Answer applicants’ questions about such topics as interpretation of
ordinance language, potential waiver and variance requests, and conceptual
design issues.
(c)
Discuss the timing and amount of fees assessed during the subdivision or
land development process.
(d)
Discuss the length of time that the subdivision or land development
process may take.
This initial discussion of potential development
concepts and the sketch plan review aims to reconcile, prior to filing a plan
application, individual and community planning objectives, to demonstrate
general feasibility of the proposed development, and to resolve critical
planning issues prior to undertaking of full-scale engineering.
Early resolution of critical planning issues can avoid expensive
revisions later.
(3)
Site walk. In addition to the conceptual discussion with members of the
Planning Commission, or other personnel, it is recommended that the applicant
seek to schedule a site walk with representatives of the Planning Commission and
other Township boards/committees, as applicable, to familiarize all parties with
the specific characteristics of the site and development and community planning
objectives of the applicant and the Township.
(4)
Site analyses. It is recommended that the applicant carefully review the
specific site analysis requirements in Section 304.E and Section 403.B through
E, and become familiar with the subject property in the context of required site
analyses prior to proposing site design.
B.
Sketch plan submission and review
(1)
The voluntary sketch plan submission and review process comprises a
period of informal communication between the applicant and the Kennett Township
Planning Commission. The following steps are recommended to best facilitate this
initial period of informal discussion and review:
(a)
Submission of sketch plan. The applicant is encouraged to submit a sketch
plan in accordance with the procedure in Section 305 of this ordinance.
(b)
Review and Discussion of the Sketch Plan. The applicant is encouraged to
meet with the Kennett Township Planning Commission to discuss conceptual ideas
for subdivision or land development in view of community development and open
space resource conservation objectives.
(c)
Conditional use or special exception approval. Where required, applicant
shall apply for conditional use or special exception approval, as applicable,
prior to formal subdivision or land development plan submission.
C.
Preliminary plan filing and review
(1)
Minor subdivision or minor land development plans generally proceed to
final plan stage without going through the preliminary plan stage.
There may be exceptions if the Board of Supervisors determines that the
development poses potential for significant impact to the environment or the
health, safety, or welfare of the citizens of
(2)
The purpose of the preliminary plan review and approval process is to
demonstrate how the proposed plan complies with all applicable regulations. It
may involve extensive survey, engineering, soils testing and other environmental
investigation to fully resolve critical planning issues. Thus, it is recommended
that the applicant submit preliminary plans for review only after satisfactory
resolution of basic planning concerns and establishment of general feasibility
of development through the sketch plan process (See subsection B., above).
(3)
Preliminary plans shall be submitted and reviewed in accordance with
Section 306 and Section 403 of this ordinance.
D.
Final plan filing and review.
(1)
The final plan is intended to finalize all planning issues and ensure
provision for appropriate documentation and performance and financial
guarantees. As required under Section 307, the final plan shall be submitted
within one year of approval of the preliminary plan where a preliminary plan has
been submitted or is required, unless extended by the Board upon written
request; the final plan shall substantially conform to the approved preliminary
plan. Final plans shall be
submitted and reviewed in accordance with Section 307 and Section 404 of this
ordinance.
(2)
The filing of the final plan differs according to whether the proposed
plan is classified as a major or minor plan application as outlined in Section
302 above. Major subdivision or
land development plans are required to proceed through the preliminary plan
review phase prior to the submittal of a final plan.
Minor subdivision and minor land development plans may proceed directly
to final plan submittal. The
purpose served by both major and minor final plans is described below.
(a)
Major Plans - The purpose of the final plan of a major subdivision
or land development is to enable the Township to determine whether or not all
aspects of a major subdivision or land development conform to township standards
and conditions set by the Board of Supervisors for preliminary plan approval,
and to provide a means to ensure that required improvements are guaranteed prior
to official approval and recording of the plan.
[1]After the Board of Supervisors has approved the Preliminary Plan, the
applicant adds the Final Plan information as required by this ordinance and
submits the plan to the Township for review by the Planning Commission, the
Township Engineer, and any other reviewing parties as deemed necessary in
accordance with Section 307B.
[2] The Planning Commission, following receipt
of the Township Engineer’s comments, then submits its recommendation and reasons
therefore, within 10 working days after official action by the Planning
Commission, for plan approval, approval with conditions, or denial to the Board
of Supervisors.
[3]
After receiving the Planning Commission’s recommendation and a final review
letter from the Township Engineer, the Board of Supervisors vote to approve or
deny the plan, as per Section 307B.
(b)
Minor Plans - In the case of a minor subdivision or minor land
development, the purpose of the final plan is to ensure that the proposal meets
all the provisions of the Township codes and ordinances and other applicable
requirements prior to official approval and recording of the plan. In most
cases, (see Section 302B.2) no preliminary plan is required.
[1]
The applicant submits the plan to the Township for review by the Planning
Commission, the Township Engineer, and any other reviewing parties as deemed
necessary in accordance with Section 307B.
[2]
The Planning Commission, following receipt of the Township Engineer’s
comments, then submits its recommendation and reasons therefore, within 10
working days after official action by the Planning Commission, for plan
approval, approval with conditions, or disapproval to the Board of Supervisors.
[3]
After receiving the Planning Commission’s recommendation and a final
review letter from the Township Engineer, the Board of Supervisors vote to
approve or reject the plan as per Section 307.
E.
Site analysis information.
(1)
In order to provide an appropriate base of information for the planning
and design process, to facilitate realization of community resource protection
objectives, to preclude unnecessary engineering expense on behalf of the
applicant, and to permit meaningful plan review, applicants for subdivision or
land development shall thoroughly investigate the tract under proposal and
immediately surrounding areas, providing data, plans and narrative descriptions
in accordance with the provisions of Section 403B through E. Submission of site
analyses shall be required under the following circumstances:
(a)
As partial fulfillment of the requirements for filing preliminary or
final subdivision or land development plans;
(b)
As partial fulfillment of the requirements for application for
conditional use approval ultimately involving filing of subdivision or land
development plans or as otherwise required by the Kennett Township Zoning
Ordinance; or
(c)
To the degree appropriate information is available at the time of sketch
plan submission, site analyses shall accompany any sketch plan submission.
(2)
The Board of Supervisors may retain such consultants, including but not
limited to those designated in the Township’s consultant list, as necessary to
review and certify the accuracy of any type of site analysis submission.
Any reasonable and necessary charges stemming from such consultant
reviews shall be borne by the applicant.
SECTION 305.
SUBMISSION AND REVIEW OF SKETCH PLAN.
A.
A sketch plan for proposed subdivisions or land development located
within the Township may be submitted to the Planning Commission by the applicant
or his authorized representative for informal discussion.
However, submission by the applicant is voluntary.
B.
Sketch plan submission does not constitute official filing of a plan to
the Township, and shall not commence the statutory review period of Section 508
of the Municipalities Planning Code, as amended.
C.
Sketch Plan Submission. The
applicant is encouraged to submit a sketch plan consistent with the following
process.
(1)
Prior to submission of any sketches:
(a)
Initiate conceptual discussion with the Township Planning Commission to
reconcile individual and community planning objectives, demonstrate general
feasibility of the proposed development, and resolve critical planning issues
prior to undertaking of full-scale engineering.
(b)
Set up a site walk with the Planning Commission and appropriate Township
boards/committees/personnel, to familiarize all parties with the specific
characteristics of the site and/or development.
(2)
Preferably, one week prior to the Planning Commission meeting at which
the applicant requests sketch plan discussion, the applicant will supply the
Township Secretary/Treasurer with three or more copies of sketch plans. Either
the Township or the applicant may also submit a sketch plan to the Chester
County Planning Commission for informal review and comment.
(3)
The plan information outlined in Section 402 may be used as a guideline
for a sketch plan submittal in terms of scale and level of detail to be included
with the plan.
D.
Sketch Plan Discussion and Comment.
(1)
The Planning Commission will be available to discuss and comment on the
sketch plan with the applicant.
(2)
Following the meeting at which the sketch plan is discussed, the Planning
Commission shall provide comment to the applicant on such changes and
modifications as it shall deem necessary or advisable for inclusion in the
preliminary plan, or final plan in the case of a minor subdivision or minor land
development.
(3)
Such Planning Commission comments shall be reported in the meeting
minutes and shall be made available to the applicant.
A.
Official Filing of the Preliminary Subdivision or Land Development Plan.
(1)
The start of the official review period, the point in time when the
review “clock starts, ” per MPC Section 508, for all preliminary plan
applications shall commence at such time that the
complete plan application has been
filed with the township. Official
filing occurs when the applicant or his authorized representative, delivers to
the Township Secretary/Treasurer, the required number of complete plans, and:
(a)
Required filing and review fees as stipulated in subsection A.3 below;
(b)
Applicable preliminary plan filing
and information requirements in
accordance with Section 403 of this ordinance, including the various site
analyses; and
(c)
Proof of notification by certified mail to all contiguous property owners
to the property proposed for development and the posting of notice by sign in
accordance with subsections A(4) and A(5)below.
(2)
Number of Preliminary Plan Copies to be Submitted and Distributed. The
applicant shall submit fifteen preliminary plan applications to the Township;
the Township shall retain one copy and shall distribute the plan applications in
accordance with the following:
(a)
One copy of the plan application to the County Planning Commission.
(b)
Three copies of the plan application to the Township Planning Commission.
(c)
One copy of the plan application to the Board of Supervisors.
(d)
One copy of the plan application to the Township Engineer.
(e)
One copy of the plan application to the Township Zoning Officer.
(f)
One copy of the plan application to the Township Environmental Advisory
Council.
(g)
One copy of the plan application to the Township Fire Marshall.
(h)
One copy of the plan application to the Township Historic Commission, if
review by this agency is necessary.
(i)
One copy of the plan application to the Pennsylvania Department of
Environmental Protection, if review by this agency is necessary.
(j)
One copy of the plan application to the Pennsylvania Historic Museum
Commission, if review by this agency is necessary.
(k)
One copy of the plan application to the Chester County Conservation
District, if review by this agency is necessary.
(l)
One copy of the plan application to the Chester County Health Department,
if review by this agency is necessary.
(3)
Filing and review fees.
(a)
The Board of Supervisors by resolution shall establish a schedule of fees
and a collection procedure for all applications, inspections, filings, legal
costs, and other matters pertaining to this section. No action shall be taken in
connection with any subdivision or land development application until all fees
are paid and the applications are properly signed and filed in the form required
by this ordinance.
(b)
Review fees may include reasonable and necessary charges by the
Township's professional consultants or engineer for review and report thereon to
the Township. Such review fees shall be based upon a schedule established by
resolution. Such review fees shall be reasonable and in accordance with the
ordinary and customary charges by the Township Engineer or consultant for
similar service in the community, but in no event shall the fees exceed the rate
or cost charged by the engineer or consultant to the Township when fees are not
reimbursed or otherwise imposed on applicants.
[1]
In the event the applicant disputes the amount of any such review fees,
the applicant shall, within 10 days of the billing date, notify the Township
that such fees are disputed, in which case the Township shall not delay or deny
a subdivision or land development application due to the applicant's request
over disputed fees.
[2]
In the event that the Township and the applicant cannot agree on the
amount of review fees which are reasonable and necessary, then the applicant and
the Township shall follow the procedure for dispute resolution set forth in
Section 510(g), as amended of the Municipalities Planning Code.
(c)
Where applicable, the fees associated with impact studies in accordance
with Section 405 of this ordinance.
(4)
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/Treasurer at the time of
preliminary plan filing (or final plan filing in the case of minor subdivision
or minor land development plan).
(b)
The notice shall describe in narrative form the proposed development and
shall include anticipated dates for development, construction, and completion.
(c)
A preliminary plan filing (or final plan filing in the case of minor
subdivision or minor land development plan) shall be considered incomplete if
not accompanied by proof of notification by certified mail of 100% of the
contiguous property owners at the time of filing. The notice to the contiguous
property owners shall occur at least one week prior to the plan filing to the
Township.
(d)
If for any reason the preliminary plan application (or final plan
application in the case of minor subdivision or minor land development plan) as
filed is substantially changed so as to be considered a new filing, the
notification requirement shall be reinitiated.
(5)
Posted notice. The applicant shall erect a posted notice sign on all subject
properties within one week of official filing of the proposed subdivision or
land development.
(a)
Location. The posted sign shall be placed in a conspicuous location (no greater
than seven feet from a residential or local road right-of-way, and no greater
than ten feet from a collector or arterial right-of-way); one along each
adjacent right-of-way and shall be perpendicular to the street so as to be
clearly visible to the public. The Township shall have the discretion to require
the applicant to move the posted sign to a more acceptable location if it is
determined by the Township that the location is inappropriate for public
viewing. The Township shall also have the discretion to permit only one
posted sign on corner lots of less that one acre.
(b)
Applicability. The
posting requirement shall apply to all officially filed subdivisions or land
developments, whether such plans are classified as major or minor and whether at
the preliminary or final plan stage.
(c)
Size. The posted sign shall be double-faced and each side shall
consist of a 2-foot by 3-foot laminated sign with a yellow background with two
inch black lettering in a sans serif typeface. If a posted sign already exists
at the site, the notice may be affixed to the existing sign.
(d)
Sign information. The sign shall depict the lot configuration of
residential applications or building footprint with square footage, paving, and
landscaping in the case of non-residential applications. The applicants name and
phone number, the name of the plan, the application number, and the tax parcel
number(s) shall be prominently displayed on the plan. In addition, the
Township’s phone number shall appear on the sign so that residents can obtain
information on the date, time, and location of the first meeting at which the
Planning Commission will discuss the plan. The applicant shall be
responsible to clean or replace any posted sign (no more than once) which has
been defaced to the extent that the information to be conveyed is no longer
legible.
(e)
Posting. Failure of any such posted notice to remain in place after
the notice has been posted shall not be deemed a failure to comply with these
standards or be grounds to challenge the validity of any decision made on the
application unless the notice was removed by the applicant or at his or her
direction.
(f)
Removal of posted notice. In addition, the applicant shall remove the
posted sign no later than ten days after the final meeting at which the plan has
been either approved or denied by the Board of Supervisors or the plan has been
withdrawn by the applicant.
(g)
Posting of plans that have been substantially revised.
If a plan is substantially revised to the point where it constitutes a
new plan, in accordance with Section 306C and Section 307C, and requires a new
submission, that plan shall be posted in accordance with the above procedure.
B
Review of Preliminary Plan.
Distribution by Township Secretary/Treasurer. After the applicant has officially
filed 15 copies of the plan application, the Township Secretary/Treasurer shall
distribute said plan applications for review to the following:
(1)
Review by the Township Planning Commission.
(a)
When a preliminary plan has been officially filed, review of such plan
shall be commenced by the Township Planning Commission at its next regularly
scheduled meeting following the date the application is officially filed with
the Township, or at the discretion of the Planning Commission, at a special
meeting which may be held prior thereto.
However, should the next regular meeting occur more than 30 days
following the filing of the application, the 90-day review period provided for
in Section 508 of the Municipalities Planning Code shall be measured from the 30th
day following the day the application has been officially filed.
(b)
If the applicant chose not to submit a sketch plan, the Planning
Commission shall set up a site walk at this time with the applicant and any
other applicable Township boards/committees/personnel, to familiarize all
parties with the specific characteristics of the site and/or development.
(c)
During review of the preliminary plan, the Township Planning Commission
shall consider any written reports of the applicant in its final decision.
(d)
The Planning Commission, following receipt of the Township Engineer’s
comments, then submits its recommendation and reasons therefore, within ten
working days after official action by the Planning Commission, for plan
approval, approval with conditions, or denial to the Board of Supervisors.
In addition, the Planning Commission shall notify the applicant of its
recommendations to the Board of Supervisors.
(2)
Review by the Township Engineer. The Township Engineer shall review the
preliminary plan to determine its conformance to the Township Subdivision
Ordinance and other Township ordinances and codes as applicable. The Engineer
may recommend changes, alterations or modifications, as he deems necessary. The
report of the Engineer shall be in writing and shall be submitted to the
Township Planning Commission prior to the regularly scheduled or special meeting
at which the preliminary plan is to be considered by the Planning Commission.
(3)
Review by the Township Zoning Officer. If a preliminary plan has been
referred to the Township Zoning Officer, he shall review the preliminary plan to
determine its conformance to the Township Zoning Ordinance. The Zoning Officer
shall check all zoning data as required to be shown to determine if information
shown is in accordance with the latest amendments to the Zoning Ordinance. The
report from the Zoning Officer as to the accuracy of the information shown shall
be submitted to the Township Planning Commission prior to the regularly
scheduled or special meeting at which the preliminary plan is to be considered
by the Planning Commission.
(4)
Review by the Township Environmental Advisory Committee. The EAC shall
review each plan application for any environmental issues and to ensure that the
environmental provisions of the Kennett Township Zoning Ordinance are
considered.
(5)
Review by the Township Historic Commission. The Historic Commission shall
review the plan application if the subdivision or land development application
concerns a property upon which there is an historic resource or structure, or
the Planning Commission thinks there is value in the Historic Commission
reviewing the plan.
(6)
Review by the Township Fire Marshall.
The Fire Marshall shall review each plan application to determine that
there is adequate access in the event of an emergency.
(7)
Review by the
(8)
Review by the Chester County Health Department.
The CCHD reviews plan applications applicable to sewer and water,
including but not limited to sewage facilities planning modules or Act 537
Plans.
(9)
Review by the Chester County Conservation Department. The CCCD reviews
applications to determine if there is land disturbance beyond one acre, or where
a conservation management plan would be required.
(10)
Review by the Pennsylvania Department of Environmental Protection.
The PaDEP may review and comment if a proposed plan application involves
stormwater and/or sewer and water facilities, or other relevant issues.
(11)
Review by Pennsylvania Department of Transportation. The Pennsylvania
Department of Transportation shall review and comment if a proposed subdivision
abuts or is traversed by a state road.
(12)
Review by the
(13)
Review by the Board of Supervisors.
After receiving the
Planning Commission’s recommendation, a final review letter from the Township
Engineer, and any other necessary information from county, state or federal
agencies, the Board of Supervisors place the plan on its agenda for review and
hearing.
(a)
The Board of Supervisors shall review the preliminary plan and written
reports of the Township Planning Commission, any other Township personnel, the
County Planning Commission, and any state agency, and shall either:
[1]
Approve the application; or
[2]
Require or recommend such conditions, changes, modifications or additions
thereto as it shall deem necessary or advisable to the public interest, and may
make its decision to grant preliminary plan approval subject to such conditions,
changes, modifications or additions; or
[3]
Deny approval of the application.
(b)
Before acting on any subdivision
or land development plan, the Board of Supervisors may hold a public hearing
thereon after public notice.
(c)
The Board of Supervisors shall act upon all subdivision or land
development applications (other than those governed by Article VII - Planned
Residential Development of the MPC), whether preliminary or final, make the
decision 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 officially filed, or after a final order of the court
remanding an application, provided that should the said next regular meeting
occur more than 30 days following the filing of the application, or the final
order of the court, the said 90-day period shall be measured from the 30th
day following the day the application has been filed. [MPC 508 - with some
modifications]
[1] The
Board of Supervisors’ decision 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.
[MPC 508(1)]
[2]
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;
and
[b]
Require the applicant’s written agreement to the conditions.
[c]
Where the applicant’s written agreement is not received within 30 days
from the date the written action of the Board is issued, the Board shall be
deemed to have denied the application.
[3]
When the application is denied 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 statute or ordinance relied upon.
[MPC 508(2)]
[4]
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. [MPC508(3)]
(d)
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.
(e)
Approval of the preliminary plan shall not constitute acceptance of a
subdivision for recording. Approval is only an expression of approval of a
general plan to be used in preparing the final subdivision plan for final
approval and recording upon fulfillment of all requirements of this ordinance.
C.
Revisions to Preliminary Plans.
The applicant may propose
revisions to a plan during the course of preliminary plan review.
The Township may consider such revisions to filed plans minor and a
continuation of the original plan, or substantial enough to warrant a new plan
application. If the applicant
proposes revisions to originally filed plans, the applicant shall submit to the
Township a description of any proposed changes.
This will enable the Township to make the determination if the changes
are minor or substantial as described below.
(1)
Minor Revisions - If the Township deems that the proposed changes are
minor, the plans may be considered a continuation of the original plan
application and a new plan application shall not be required.
The applicant shall, at the discretion of the Township, either submit the
portion of the plan that is proposed for revision or include the proposed
changes in the final plan submission.
Examples of minor changes include but are not limited to:
(a)
Landscaping above and beyond that required by ordinance;
(b)
Changes in location or shape of stormwater management areas which do not
affect stormwater management calculations; or
(c)
Reduction of impervious surface.
(2)
Substantial Revisions - If the Township deems that there are substantial
revisions to the originally filed plans, which essentially constitute a new
plan, the applicant shall officially file a new plan application in accordance
with the provisions of this ordinance.
Examples of substantial changes include but are not limited to:
(a)
Additional lots/units;
(b)
Additional right-of-ways;
(c)
The length of roadways which would require additional paving;
(d)
The location of roadways; or
(e)
Any changes to the square footage or building footprint
A. Official Filing of Final Subdivision or Land Development Plans.
(1)
Within one year of the Board of Supervisors’ approval of a major
subdivision or land development’s preliminary plan, a final plan shall be
officially filed with the Township; however, the Board of Supervisors upon
written request may grant an extension of time. Final plans filed after this
expiration of time for which no time extension has been granted may be
considered as new preliminary plans. The final plan shall conform in all
respects to the preliminary plan as previously reviewed by the Township Planning
Commission and shall incorporate all modifications required by the Board of
Supervisors in its review of the preliminary plan. The Board of Supervisors may
permit filing of the final plan in sections, each covering a reasonable portion
of the entire proposed subdivision as shown on the reviewed preliminary plan.
(2)
The start of the review period, the point in time when the review “clock
starts”, per MPC Section 508, for all final plan applications shall commence at
such time that the
complete plan application has been officially filed with the
Township. Official filing occurs
when the applicant or his authorized representative delivers to the Township
Secretary/Treasurer, the required number of complete plans, including all
required supporting data, and:
(a)
Filing and review
fees.
[1]
Review fees as may be required in accordance with Section 306A(3).
[2]
The applicant shall pay any additional fees, if required. There shall be
no refund or credit of any portion of the fee should the applicant fail to apply
for final approval within the required period of time or if the final plan
covers only a section of the subdivision or land development for which
preliminary approval has been obtained.
(b)
Any applicable final plan filing requirements in accordance with Section
404 of this ordinance including any conditions specified as a result of review
of the preliminary plans.
(c)
Subdivision and land development improvements agreement, including
offer(s) of dedication, if any, in accordance with Section 307.B below and
Section 404G of this ordinance.
(3)
Fifteen copies of the final plan application shall be submitted to
the Township. The Township
Secretary/Treasurer shall distribute major subdivision or major land development
plan applications to the parties that were determined appropriate to review the
preliminary plan, or any other appropriate parties, for review in accordance
with Section 306B. The Township
Secretary/Treasurer shall distribute minor subdivision or minor land development
plans in accordance with the procedure specified in Section 306A.2 for
preliminary plan distribution. Both
major and minor subdivisions or land development applications shall include the
plan information requirements of Section 404 of this ordinance and the
following:
(a)
Five copies of the subdivision and land development improvements
agreement, which shall specify the following where applicable:
[1]
That the owner agrees that he will lay out and construct all roads,
streets, lanes or alleys, together with all other improvements, including
grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water
mains, street signs, shade trees, storm and sanitary sewers, landscaping,
traffic control devices, open space and restricted areas, 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, and that he shall
complete these improvements within the time or times specified by the Board of
Supervisors.
[2]
That the owner guarantees completion and maintenance of all improvements
by means of a corporate surety bond or deposit of funds or government securities
in escrow or irrevocable letter of credit acceptable to the Township.
[3]
That the owner agrees to tender a deed or deeds of dedication to the
Township for such streets and for such easements for sanitary and storm sewers,
sidewalks, manholes, inlets, pumping stations and other appurtenances as shall
be constructed as public improvements provided that the Township shall not
accept dedication of such improvements until their completion is certified as
satisfactory by the Township Engineer.
[4]
Whenever a developer proposes to establish or continue a street which is
not offered for dedication to public use, the Board of Supervisors shall require
the developer to submit and also to record with the 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, 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 undedicated
streets be stipulated and shall be set forth in recorded deed restrictions so as
to be binding on all successors or assigns.
[d]
That if dedication be sought, the street shall conform to the current
Township specifications.
(b)
Five copies of all other required information, including but not limited
to the following:
[1]
Such private deed restrictions, including building reserve lines, as may
be imposed upon the property as a condition of sale, together with a statement
of any restrictions previously imposed which may affect the title to the land
being subdivided.
[2]
Whenever a permit by the Pennsylvania Department of Environmental
Protection is required for the water supply or sanitary sewage disposal
system(s) for a proposed subdivision, the Township Planning Commission shall
require that two copies of such certification of approval be submitted with the
final plan.
[3]
Whenever required under Title 25, Chapter 102, Rules and Regulations,
Department of Environmental Protection, a copy of the approved erosion and
sediment control plan or permit shall accompany the final plan filing.
[4]
No plan which will require access to a
highway under the jurisdiction of the Department of Transportation shall be
finally approved unless the plan contains a notice that a highway occupancy
permit is required pursuant to section 420 of the act of June 1, 1945 (P.L.1242,
No.428), known as the “State Highway Law,” before driveway access to a State
highway is permitted. [MPC 508(6)]
[5]
Whenever a revision to the Township's official sewage facilities plan is
required, under Title 25, Chapter 71, Rules and Regulations, Department of
Environmental Protection, a copy of the Board of Supervisors’ resolution
amending the official plan and a copy of the letter from the Pennsylvania
Department of Environmental Protection, approving the plan revision, shall
accompany the final plan.
[6]
Whenever approval is required for water supply or sanitary sewage
disposal from a township’s authority or private water company, two copies of
such approvals shall be submitted with the final plan.
B.
Review of Final Plan.
Referral by Township Secretary/Treasurer. After the applicant has officially filed the 15 copies of the completed applications, the Township Secretary/Treasurer shall distribute major subdivision or major land development plan applications to the parties that were determined appropriate to review the preliminary plan, or any other appropriate parties, for review in accordance with Section 306B. The Township Secretary/Treasurer shall distribute minor subdivision or minor land development plans in accordance with the procedure specified in Section 306A.2 for preliminary plan distribution.
C.
After Final Approval.
(1)
If the Board of Supervisors approves the final plan, the applicant shall
supply
eight additional copies of the
complete plans.
Five signed copies shall be
returned to the applicant. The Township shall retain three copies: one in the
Township files, one copy to the Zoning Officer, and one copy to the Planning
Commission. An additional copy shall be supplied to the Township Engineer if
public improvements are anticipated.
(2)
A performance guarantee or a certificate of satisfactory installation as
required under Section 309, and in accordance with Section 509 of the MPC, as
amended, shall be required before plans are released for recording.
D.
Revisions to Final Plans.
The Township may consider revisions to filed plans as minor and a continuation
of the original plan, or substantial enough to change the plan and to warrant a
new plan application. Therefore, if
the applicant proposes to revise originally filed plans, the applicant shall
submit to the Township a description of any proposed changes.
This will enable the Township to determine whether the changes are
substantial and:
(1)
If the Township deems that the proposed revisions may be considered a
continuation of the original plan, no other action by the applicant is required
beyond the filing of the written description of changes.
Examples of minor changes include but are not limited to:
(a)
Landscaping above and beyond that required by ordinance;
(b)
Changes in location or shape of stormwater management areas which do not
affect stormwater management calculations;
(c)
Reduction of impervious surface.
(2)
If the Township deems that there is substantial revision to the
originally filed plans, which constitute a new plan, the applicant shall
officially file a new plan application in accordance with the provisions of this
ordinance.
(a)
Examples of substantial changes, modifications, or additions thereto
would include but not be limited to:
[1]
Additional lots/units;
[2]
Additional right-of-ways;
[3]
The length of roadways which would require additional paving;
[4]
The location of roadways; or
[5]
Any changes to the square footage or building footprint.
A.
Upon the approval of a final plan, the applicant shall within 90 days of
such final approval or 90 days after the date of delivery of an approved plan
signed by the Board of Supervisors, following completion of conditions imposed
for such approval, whichever is later, record such plan
when applicable and any such homeowner documents and/or
Declarations of Covenants and Restrictions is required in accordance with
Section 404G of this ordinance, in the office of the Chester County Recorder of
Deeds. Whenever such plan approval is required by the Township, the Chester
County Recorder of Deeds shall not accept any plan for recording, unless such
plan has the signatures of and officially notes the approval of the Board of
Supervisors and review by the Chester County Planning Commission.
B.
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.
SECTION 309.
PERFORMANCE GUARANTEE.
Performance guarantees
shall be in accordance with Section 509 of the MPC, as amended.
Any revision, replatting or
resubdivision of land which includes any changes to a recorded plan shall be
considered a subdivision and shall comply with all regulations of this
ordinance.
ARTICLE IV
PLAN REQUIREMENTS
SECTION 401.
GENERAL REQUIREMENTS.
A.
Plans of a proposed subdivision shall be clearly and legibly drawn to a
scale of one inch equals 50 feet, except that:
(1)
If the average size of the proposed lots in the subdivision is five acres
or larger, the plan may be drawn to a scale of one inch equals 100 feet.
(2)
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 17 inches by 22 inches and no larger than 34 inches by 44
inches.
(3)
Where necessary, to avoid sheets larger than the maximum size prescribed,
final plans shall be drawn in two or more sections, accompanied by a key diagram
showing relative location of the sections.
B.
Each sheet shall be numbered and shall show its relationship to the total
number of sheets.
C.
The site design and layout information shall be provided on sheet one of
the plan submittal.
D.
The plan shall bear an adequate legend to indicate clearly which features
are existing and which features are proposed, and the plan shall contain a north
arrow.
E.
The boundary line of the land development or subdivision shall be clearly
marked with a heavy line weight.
F.
All plans, except for sketch plans, shall be prepared in accordance with
the Act of May 23, 1945 (P.L. 913, No. 367), known as the Professional Engineers
Registration Law, and as applicable, the Act of January 24, 1966 (1965 P.L.
1527, No. 535) known as the Landscape Architects Registration Law.
G.
Plan revisions shall be accompanied by a transmittal sheet(s) that
indicates where and the date that revisions to the plan were made.
Revision dates shall also be noted on the plan sheet where such revisions
have been made.
A.
The sketch plan may be submitted by the applicant as a basis for informal
discussion with the Planning Commission and the Board as to the intended use and
arrangement of a proposed subdivision or land development. A sketch plan need
not be an accurate scaled drawing on standard size drawing paper.
B.
Data furnished in a sketch plan shall be at the discretion of the
applicant; however, to obtain maximum benefit, it is suggested that a sketch
plan include the following information:
(1)
Approximate tract boundaries.
(2)
Location of tract by indicating nearest roadway intersection and zoning
district.
(3)
North point, scale (or indication that plan is not drawn to scale), and
date of plan preparation. If drawn to scale, it is suggested that the scale be
consistent with those listed in Section 401.A to facilitate preliminary and
final plan preparation.
(4)
Existing and proposed streets on and adjacent to the tract, properly
identified.
(5)
Significant existing topographical and physical features such as
structures, easements, soils, floodplains, known wetlands, watercourses, and
woodlands.
(6)
Proposed general lot layout.
(7)
In the case of land development plans, proposed general layout, including
locations, parking lots, and open spaces.
(8)
Proposed method of water supply and sewage treatment.
(9)
Name and address of the applicant and the applicant’s engineer, surveyor,
planner, architect, or landscape architect, as applicable.
(10)
The plan should be clearly labeled "sketch plan."
C.
In order to expedite approval of the plans, the applicant may submit with
the sketch plan Planning Modules for Land Development required for Township
action in supplementing or revising the Sewage Facilities Plan as provided in
Section 403.G(2) hereof.
A.
The preliminary plan of a subdivision or land development shall be
prepared to show the project in sufficient design and detail to set forth
clearly the intent of the applicant with regard to all of the aspects of the
proposed development and to demonstrate that the various requirements of the
Township as set forth in this ordinance, the Zoning Ordinance, and other
applicable regulations are met. The content of plans and other documents to be
submitted shall include the information described in the following subsections
and in accordance with Section 301.C.
At the time of preliminary plan submittal, a certificate of title showing
the ownership of the land to be vested in the subdivider or other applicant for
plan approval shall be provided.
B.
Base Plan. The applicant shall prepare a reproducible base plan depicting
all information required in accordance with this subsection. The base plan need
not be submitted by itself, but shall serve as a template (base) upon which all
site analysis plans required under Section 403.C, Section 403.D, and Section
403.E shall be submitted.
(1)
The base plan shall depict the following information in all cases:
(a)
Title block and tract information:
[1]
Proposed name or identifying title of the tract;
[2]
North arrow, graphic scale and date of plan preparation;
[3]
Total acreage of the tract;
[4]
Zoning of the tract (Note: If the tract lies within more than one zoning
district, indicate the total acreage per zoning district);
[5]
Name, address and telephone number of the landowner;
[6]
Name, address and telephone number of the applicant (if different from
landowner);
[7]
Name and signature of the person who prepared the base plan.
(b)
Location map. The location map is to be a plan inset, at a scale of one
inch equals 800 feet or greater, and shall identify the subject tract and its
boundaries, showing its relationship to all areas within a minimum radius of 1/2
mile, including indication of the following within the entire one-half-mile
radius:
[1]
All public and private streets and roads, watercourses, municipal
boundaries, zoning districts including the Flood Hazard District and zoning
boundaries;
[2]
All wetlands as shown on National Wetland Inventory Maps;
[3]
Any rare, threatened or endangered (RTE) species known to exist based on
information obtained from the Pennsylvania Natural Diversity Index (PNDI);
[4]
All woodlands as shown on USGS quadrangle maps and/or available aerial
photography.
(c)
Legal encumbrances. The limit lines and nature of all private easements,
deed restricted areas, and rights-of-way within the entire subject tract shall
be indicated.
(2)
The base plan shall depict the following information for the entire tract
subject to application and all adjacent areas within 100 feet of the boundaries
of said tract:
(a)
All property boundaries. The names of the owners of all adjacent tracts,
and the names of all adjacent subdivisions or developments shall be indicated.
(b)
Topography. Existing topographic contours shall be indicated at two-foot
intervals throughout the subject tract and all areas located within 100 feet of
said tract. Elevations shall be indicated and, where reasonably practical, datum
shall refer to established USGS elevations. For all areas affected by
development, defined below as “affected areas,” topographic data shall be
prepared from an actual field survey of the tract or, via photogrammetry using
aerial photographs not more than two years old. For areas outside affected
areas, topographic contours may be derived from USGS quadrangle maps or other
sources acceptable to the Township Engineer.
[1]
"Affected areas" shall include the specific lot, lots, or areas proposed
for land development or for any disturbance to existing soils or vegetation.
[2]
Lands which would become available for building permit application for
any principal use subsequent to approval of the application at hand (i.e.,
without further subdivision application required) shall be considered affected
areas even where not actually proposed for land development or disturbance at
the time of the application at hand.
[3]
Where affected areas are located on lots less than five acres in gross
area, the entire lot shall be considered affected area for the purposes of this
ordinance.
(c)
Soils. The limits of all soil types are to be plotted and identified with
an appropriate symbol, as mapped by the Soil Conservation Service for the Soil
Survey of Chester County.
(d)
All streams, ponds, watercourses, and drainage courses. Stream mapping
shall include all stream centerlines and normal channel boundaries. Water
resource information also shall be prepared from an actual field survey of the
site or via photogrammetry using aerial photographs not more than two years old.
(e)
The limits of all Flood Hazard Districts, as defined in Section 1602 of
the Zoning Ordinance.
(f)
All existing principal and accessory structures and facilities, including
but not limited to buildings, wells, septic fields, underground tanks, fences,
walls, sheds, etc.
(g)
All existing roads, road rights-of-way, and appurtenant works, including
but not limited to bridges, culverts, guardrails, etc.
(h)
All existing utilities and utility rights-of-way, including but not
limited to locations of poles, overhead and underground lines, and transformers.
(i)
All existing tree lines, forest edges, hedgerows, thickets, tree masses
and groves indicating the outermost canopy spreads of the trees within any such
area.
C.
Engineering Site Analysis Plan - Information required in accordance with
this subsection shall be depicted upon a copy of and at the same scale as the
base plan. Tabular and/or narrative information may be presented as plan
notations or on separate sheets where insufficient space is otherwise available.
(1)
The engineering site analysis plan shall depict the following information
in all cases:
(a)
Map title and date. This plan shall be entitled “Engineer Site Analysis
Plan.” The name and signature of the person who prepared the plan shall be
included, if different from that of the base plan.
(b)
Boundary survey data. The bearings and distances along all tract boundary
lines, and all corner markers, monuments, etc., shall be indicated.
(c)
Legal encumbrances. The dimensions of all easements, deed restricted
areas, and rights-of-way within the tract shall be indicated. Where the tract
lies within more than one zoning district, zoning district boundaries shall be
indicated.
(2)
The engineering site analysis plan shall depict the following information
for all affected areas and any area within 100 feet of such affected areas, as
defined in Section 403B(2)(b) above:
(a)
Topography. Steep slope areas between 15% and 25% slope and greater than
25% slope shall be separately indicated through shading of the appropriate areas
as bounded by the contour intervals shown on the base plan.
Slope shall be measured over three or more two-foot contour intervals.
(b)
Soils. The following soils information, as indicated in the Soil Survey
for
[1]
Infiltration rates, and erodibility (K values) for each soil type;
[2]
Engineering properties including: septic suitability; suitability for
buildings with basements; suitability for construction of roads and streets.
[3]
Locations of prime agricultural soils (agricultural capability classes I,
II and III), hydric soils, soils with seasonal high ground water, soils with
hydric inclusions, and alluvial soils;
[4]
Percolation tests where available. If the applicant has already performed
percolation tests, the locations of all test holes and data results for each
test hole shall be provided.
(c)
Wetlands. All wetland boundaries shall be indicated. Wetland boundaries
within the tract shall be determined from on-site delineation and plotted from
actual field survey. A wetland delineation report consistent with the
requirements of Section 1802.C of the Zoning Ordinance shall be provided. For
wetlands situated outside the subject tract but within 100 feet of tract
boundaries, wetland boundaries may be approximated from field observations
(i.e., they do not need to be delineated and surveyed).
(d)
All fractures, faults, and the limits of all geologic formations shall be
indicated based on published geologic data and/or the Kennett Township
Comprehensive Plan. From the same or similar sources, the following information
shall be indicated in tabular or narrative form, as appropriate, for each
geologic formation identified:
[1]
Generally potential groundwater yields;
[2]
General potential for groundwater contamination;
[3]
Generalized engineering constraints including: ease of excavation; cut
slope stability; and foundation stability.
(e)
All sinkholes and rock outcroppings shall be indicated (including
identification of the extent and type of rock), as obtained from field
investigation.
(f)
The dimensions of all identified roads, road rights-of-way, utility
rights-of-way, easements, and culverts shall be provided, along with the invert
elevations for all identified culverts.
D.
Natural and Cultural Resources Site Analysis Plan -
Information required in accordance with this subsection shall be depicted
upon a copy of and at the same scale as the base plan. Tabular and/or narrative
information may be presented as plan notations or on separate sheets where
insufficient space is otherwise available.
(1)
The natural and cultural resources site analysis plan -
shall depict the following information for all affected areas and any
area within 100 feet of such affected areas, as defined by Section
403.B(2)(b)[1] above:
(a)
Map title and date. This plan shall be entitled “Natural and Cultural
Resources Site Analysis Plan.” The name and signature of the person who prepared
the plan shall be included, if different from that of the base plan.
(2)
The natural and cultural resources site analysis plan shall depict the
following information for all affected areas and any area within 100 feet of
such affected areas, as defined in Section 403.B(2)(b) above.
The plan shall include all natural resources protected by Article XVIII
of the Zoning Ordinance including, but not limited to, the following:
(a)
Floodplain. Areas within the
Flood Hazard District, as defined in Article XVI of the Zoning Ordinance,
including the floodway, flood fringe, and general floodplain districts.
(b)
Water Features.
Watercourses, either continuous or intermittent and named or unnamed, and lakes,
ponds or other water features as depicted on USGS quadrangle maps.
(c)
Base assessments of streams. Where requested by the Board of Supervisors,
applicant shall identify the streams or stream segments for which base
assessments have been conducted and provide appropriate base assessment data and
narrative description.
(d)
Steep Slopes. Steep slope
areas between 15% and 25% slope and greater than 25% slope shall be shown as
required on the engineering site analysis plan in Section 403.C(2)(a).
(e)
Geologic Formations. All
sinkholes, rock outcroppings, fault lines, or fractures shall be indicated as
also shown on the engineering site analysis plan, as required under Sections
403.C(2)(d) and (e).
(f)
Wetlands. As also shown on the engineering site analysis plan, all
wetland boundaries shall be indicated, as required under Section 403.C(2)(c).
(g)
Wetland Margins. Wetland
margins as defined by this ordinance shall be shown.
(h)
Riparian Buffers. Zone One
and Zone Two riparian buffers as defined by this ordinance shall be shown.
(i)
Woodland and Riparian Corridors.
(j)
Vegetation:
[1]
All vegetation cover types shall be indicated in terms of the general
type of vegetative cover in any given area. Examples of generalized types of
vegetation cover include: woodlands, tree masses, thickets, hedgerows, meadows,
pastures, old fields, cultivated lands, orchards, lawns, disturbed areas (bare
soil), etc. The approximate limits of each vegetation cover type shall be
plotted based on field investigation.
[2]
The location and classifications of woodlands that have been identified
on the
[3]
All plant communities shall be indicated and their approximate limits
plotted based on field investigation. For the purposes of this section, plant
communities may be defined as plant associations or areas of vegetation which
are distinguishable from other areas, including those of similar cover types,
due to one or more of the following characteristics: dominant species
composition, age or maturity, stage of development, stratification, and degree
of disturbance. The applicant also shall provide generalized narrative
descriptions of each plant community.
[4]
The locations of all Specimen Vegetation, including Heritage Trees, shall
be identified based upon field investigation, and, within affected areas only,
as defined in Subsection 403.B(2)(b)[1], the locations of all individual trees
greater than 12 inches dia shall be
indicated.
[5]
Where information received from PNDI indicates probable location of rare,
threatened, or endangered (RTE) species on or within 100 feet of the subject
tract or affected area, as applicable, detailed locations and descriptions shall
be provided based on field investigation.
(k)
Wildlife and habitats. Any existing or potential rare, threatened or
endangered animal species shall be listed based on information available from
PNDI and/or the Pennsylvania Fish and Wildlife Data Base. Any suitable habitats
for rare, threatened or endangered animal species known to exist in Kennett
Township or vicinity, which are likely to exist on or within 100 feet of the
subject tract or affected area, as applicable, shall be identified based on
field observation.
(l)
All historic resources, including districts, sites, structures, ruins,
walls, transportation traces (trails and abandoned roads), and quarry sites
shall be identified and described, based upon available information and mapping,
including historic resources identified on
the Historic Resources Map and/or upon on-site investigation.
(m)
Environmental hazards or intrusions. All environmental, visual and/or
safety hazards or intrusions shall be located and described, based on field
investigation. Such investigation shall include, but not be limited to the
following: areas of erosion, evidence of bare soil and/or overgrazing,
debris/junk/soil piles, poor sight distances, poor road drainage or
configuration, and problems associated with culverts and other stormwater
management facilities.
E.
Visual Resources Site Analysis Plan -
The applicant shall depict the following information upon a copy of and
at the same scale as the base plan, accompanied by narrative where appropriate:
(1)
Map title and date. This plan shall be entitled “Visual Resources Site
Analysis Plan.” The name and
signature of the person who prepared the plan shall be included, if different
from that of the base plan.
(2)
(a)
The limits of all view sheds from public roads and notation of their
typologies;
(b)
All vista points along public roads;
(c)
All visual features including; accents, intrusions, visible watercourses
and visible ponds.
The following information
shall be provided with the Site Design and Layout Plan.
The Site Design and Layout Plan shall be the first plan provided in the
plan submission.
(1)
Layout and dimensions of proposed lots, including:
(a)
Area of each proposed lot.
(b)
Building envelope showing setback lines and yard area requirements.
(c)
The proposed location of all percolation tests and test pits observed by
the Chester County Department of Health, including both primary and replacement
sewage absorption areas.
(d)
Location of proposed water supply.
(e)
In a mobile home park, the placement, location and number of mobile home
lots and mobile home pads shall be shown on the plan.
(2)
Location, right-of-way width, cart way width, and names of all proposed
streets within the subdivision or land development.
(3)
Clear sight triangles at all proposed intersections, as required by
Section 502.G of this ordinance.
(4)
For residential subdivisions, parcels of land to be dedicated or reserved
for non-residential use. Statements shall also be included indicating the
intended use of all non-residential lots and the proposed or existing
restrictions of any type which will exist as easements or covenants in the
deed(s) for all non-residential lots.
(5)
Location, if any, of parks, playgrounds, and other areas or buildings
dedicated or reserved for public use, with any conditions governing such use.
(6)
A preliminary land development plan shall show proposed building
locations, location and size of parking lot, provisions for access and traffic
control, locations of loading docks and provisions for drainage, landscaping and
lighting of the site. Total building coverage and impervious surface coverage
shall be noted on the plan.
(7)
Proposals for developments with multi-family dwellings (including
townhouses, apartments and quadruplexes) or which include permanently preserved
open space shall provide the following information as applicable:
(a)
Total number of dwelling units, by type; number of buildings and
distances between buildings; proposed density; and total parking spaces.
(b)
Total building coverage and impervious surface coverage.
(c)
Areas that are proposed to remain open including the intended use of the
open land (recreation, agriculture, etc.).
(8)
Where the preliminary plan covers only a part of the applicant’s entire
holding, a sketch shall be submitted of the prospective street and lot layout
for the remainder.
(9)
Location of easements or rights-of-way necessary for any purpose,
including but not limited to utilities, drainage, and grading.
G.
Improvement Construction Plan.
The preliminary plan shall
be consistent with the requirements of Section 508 of this ordinance and shall
be accompanied, as applicable, by the following information to provide working
plans for the layout and construction of proposed streets, utilities, stormwater
facilities, and other improvements.
Where appropriate, plan information may be combined on one or more sheets if
readability is maintained.
Such information shall include, but not be limited to, the following:
(1)
A statement describing proposed public improvements including, as
applicable, streets, curbs, sidewalks, stormwater facilities, and the means of
water supply and sewage disposal facilities to be provided.
The improvement construction plan shall also include a timetable
indicating the proposed sequence of development.
(2)
Sewage Facilities
All applications for
preliminary plans for subdivision and land development shall be accompanied by
Planning Modules for Land Development provided by the Pennsylvania Department of
Environmental Protection, pursuant to the Sewage Facilities Act, including
information with regard to the means of sewage disposal and provision of water
supply and, if on-site facilities are contemplated, certain test pit and
percolation test information, in order that the Township may have sufficient
information to make a determination if the proposed subdivision or land
development adequately meets the sewage disposal needs of the Township. This
submission may be made with the submission of a sketch plan, but in no case
shall submission be later than concurrently with the filing of the preliminary
plans. The following information
shall be included on the plan based on the type of sewage facilities proposed:
(a)
Individual On-Lot Sewage Facilities - Where individual on-site sewage
facilities are proposed, the applicant shall submit a statement with regard to
the suitability of the soil to absorb sewage wastes.
Test pit and percolation test information shall be provided and the
approximate location of the system shall be indicated.
Horizontal isolation distances for treatment tanks and sewage absorption
areas shall be provided as required by PADEP Chapter 73.
(b)
Community Sewage System - Where a community sewage system is proposed,
plan information shall include the preliminary design of the proposed system
shall also be included, showing the size, capacity, and location of treatment
facilities and, where applicable, wastewater reclamation/land application sites.
(c)
Public Sewer Service - Where public sewer service is determined to be
feasible and consistent with the sewage service area of the Wastewater
Facilities Plan, the preliminary design of all facilities including, but not
limited to, sewers, manholes, pumping stations and sewage treatment facilities
shall be shown including the size, capacity, and location of treatment
facilities. The amount of sewage
capacity in EDU’s (Equivalent Dwelling Units) available to serve the subdivision
or land development shall be indicated on the plan.
If a capped sewer system is required, the preliminary design shall be
included.
(3)
Water Supply
(a)
Off-site or Community Water Service - Where off-site water or community
water service is to be provided, the preliminary design shall be shown,
including location and size of all proposed water service facilities, such as
wells or other water sources, storage tanks, pumps, mains, valves and hydrants.
(b)
Individual On-site Water Service - Where individual on-site water service
is proposed, the approximate location of well sites shall be shown.
(4)
Streets
A horizontal plan for
streets shall be provided showing the following details of the horizontal
layout:
(a)
Centerline with bearings, distances, curve data, and stations
corresponding to the profile.
(b)
Right-of-way and curb lines with radii at intersections.
(c)
Tie-ins by courses and distances to intersection of all public roads,
with their names and widths.
(d)
Location of all monuments and other boundary markers by bearing and
distances.
(e)
Location and size of all drainage facilities, sidewalks, public
utilities, fire hydrants, lighting standards, and street name signs.
(f)
Street intersection plan drawn to a scale of one inch equals 20 feet
defining all existing and proposed features for each new intersection.
(5)
Stormwater Management Facilities
Plan information for
stormwater management facilities shall be consistent with the requirements of
Section 403.I, Stormwater Management Control Plan.
(6)
Sanitary Sewage Facilities
A horizontal plan for
sanitary sewage facilities shall be provided showing the following details of
the horizontal layout.
(a)
Location and size of line with stations corresponding to the profile.
(b)
Location of laterals.
(c)
Location of other drainage facilities and public utilities in the
vicinity of sanitary sewer lines.
(7)
Profile (Cross-Section) Plan
A profile plan shall be
provided indicating final grades of streets, sanitary sewers, stormwater
management facilities, and the extent of cut and fill operations.
(a)
The profile plan shall show existing elevation lines at the centerline of
the street and at each right-of-way line, and they shall show the proposed
profile of the street centerline. Profiles of storm drainage structures and
pipes running in or intercepting the street shall also be shown, as well as
similar profiles of proposed sanitary sewers.
(b)
Location of manholes or inlets with grade between and elevation of flow
line and top of each manhole or inlet.
(c)
The
profile plan shall be plotted at a horizontal scale not less than one inch
equals 50 feet with a corresponding vertical scale of one inch equals five feet.
Larger scales may be used, but 10:1 relationship between horizontal and vertical
scales shall be maintained.
(d)
A typical cross-section of street construction shall be shown on the
profile plan or on the detail sheet and shall indicate the following:
[1]
Right-of-way width and the location and width of paving within the
right-of-way.
[2]
Type, thickness, and crown of paving.
[3]
Location, width, type, and thickness of curbs and sidewalks to be
installed, if any.
[4]
Grading of sidewalk area.
[5]
Typical location, size, and depth of any underground utilities that are
to be installed in the right-of-way where such information is available.
(8)
If land to be subdivided lies partially in another municipality, the
applicant shall submit information concerning the location and design of
streets, layout and size of lots and provision of public utilities on lands
subject to his control within the adjoining municipalities. The design of public
improvements shall provide for a smooth, practical transition where
specifications vary between municipalities. Evidence of approval of this
information by appropriate officials of the adjoining municipalities shall also
be submitted.
H.
Natural Resource Protection Plan
The Natural Resource
Protection Plan shall include the following information required to ensure
compliance with Article XVIII, Natural Resource Protection Standards, of the
Kennett Township Zoning Ordinance:
(1)
An encroachment map shall be provided which includes the natural features
information required by Section 403.D above and a preliminary grading plan
illustrating proposed disturbance or removal of the identified natural features.
The encroachment map shall also include the plan information required by
Section 1803.A of the Zoning Ordinance, including the Site Disturbance
Calculation Table, indicating the total amount of land in each protected
resource, the maximum disturbance allowed for the resource, and the disturbance
proposed by the plan.
(2)
The plan shall indicate the location of the woodlands, hedgerows,
individual trees, and other vegetation to remain on the site, together with
information indicating how the woodland protection requirements of Section
517.A.5 of this ordinance and Section 1802.F of the Zoning Ordinance are being
met.
(3)
A minimum build able area, as described in Section 1803.B of the Zoning
Ordinance, sufficient in size to accommodate proposed site improvements on each
lot and which complies with the maximum resource disturbance standards, shall be
delineated on each lot where development is proposed.
(4)
In addition to the minimum build able area, where individual on-lot or
community sewage facilities (or individual off-lot systems if permitted in the
open space) are proposed, a primary and replacement area for each proposed
system, in compliance with Section 1803.B.3 of the Zoning Ordinance. This area
shall not include the portion of those environmentally sensitive areas that may
not be developed or intruded upon.
(5)
The text required by Section 1803.C.1 and 3 of the Zoning Ordinance shall
be written in note form on the record plan of each set of drawings.
(6)
A Grading Plan and Erosion and Sedimentation Control Plan, may be
provided in conjunction with the Stormwater Management Plan (see subsections
I.
Stormwater Management and Erosion and Sedimentation Control Plan.
A plan for the management
of stormwater, including the control of erosion and sedimentation during the
course of site preparation or any other land disturbance, shall be submitted as
part of the preliminary plan application.
Such plan shall be prepared by a professional engineer licensed in the
(1)
A suitable map of the watershed for any and all named streams within
which the project is proposed (a United States Geological Survey quadrangle map
is usually sufficient) with existing and proposed development areas presented on
the map.
(2)
Suitable maps and drawings showing all existing natural and constructed
drainage facilities affecting the subject property.
(3)
Hydrologic (watershed) and water feature boundaries, including all areas
flowing to the proposed project, existing streams (including first order and
intermittent streams), springs, lakes, ponds, or other bodies of water within
the project area.
(4)
Sufficient topographical information with elevations to verify the
location of all ridges, streams, etc. (two-foot contour intervals within the
project’s boundaries and for proposed offsite improvements; for slopes greater
than 15%, five-foot contours are acceptable).
(5)
Notes pertaining to and locations of existing standing water, areas of
heavy seepage, springs, wetlands, streams, and hydrologically sensitive areas.
(6)
General type of soils with Hydrologic Soil Group noted, estimated
permeability’s in inches per hour, and location and results of all soil tests
and borings.
(7)
100-year flood elevations for any Special Flood Hazard Areas on or within
100 feet of the property. For redevelopment sites, also show the 10 and 25 year
flood elevations for any Special Flood Hazard Areas on or within 100 feet of the
property. The source of these elevations shall also be shown on the plans.
(8)
Description of current and proposed ground cover and land use. The total
area and percent impervious cover shall be noted.
(9)
A plan of the proposed stormwater drainage system and facilities
attributable to the activity proposed, including runoff calculations, stormwater
management practices to be applied both during and after development, and the
expected project time schedule.
(10)
The design computations for all proposed stormwater drainage systems,
including storm-drain pipes, inlets, runoff control measures and culverts,
drainage channels, and other features, facilities, and stormwater management
practices.
(11)
A delineation of the pathways of all concentrated flow (that is, flow
other than overland sheet flow).
(12)
The effect of the project (in terms of runoff volumes and peak flows) on
adjacent properties and on any other stormwater collection system that may
receive runoff from the project site and specifics of how erosion and flooding
impacts to adjacent properties will be avoided or otherwise mitigated.
(13)
An operation and maintenance plan for the proposed facilities.
Such a plan should clearly explain how the proposed facilities operate
and the functions they serve.
(14)
Complete delineation of the flow paths used for calculating the time of
concentration for the pre-developed and post-developed conditions.
(15)
Construction details sufficient to completely express the intended
stormwater design components consistent with this ordinance including hydraulic
design data and calculations for storm sewers, inlets, culverts, and bridge
structures.
(16)
A grading plan, including all areas of disturbance, of the subject
activity. The total area of disturbance shall be noted in square feet and acres.
Silt fence installation and tree protection fencing required by Section
517.A shall be installed prior to land disturbance and shall be indicated on the
plan.
(17)
A plan of the erosion and sedimentation procedures to be utilized as
required under Section 904 of this ordinance.
J.
Landscape Plan
When applicable, a lighting
plan consistent with the requirements of Section 2013.E of the Zoning Ordinance
shall be provided with the preliminary plan submission.
When applicable, an open
space management plan, in accordance with Section 1707 of the Kennett Township
Zoning Ordinance shall be provided with the preliminary plan submission.
M.
Impact Studies
One or more of the impact
studies listed in Section 405 may be required by the Township to determine the
potential impact of the proposed subdivision or land development.
The impact studies required shall be determined by the Township Planning
Commission following the initial review of the sketch plan or preliminary plan
application. In all cases, the
applicant shall submit the required impact statements to the Township for review
before the Planning Commission can recommend preliminary approval to the Board
of Supervisors.
N.
A statement or certification shall be made by the applicant indicating
that the plans are or are not in conformity with engineering, zoning, building,
sanitation and other applicable Township ordinances and regulations and, if they
are not so conforming, the reasons for requesting an exception.
O.
Where subdivision of land is proposed as a part of land development
because of the creation of mortgages encumbering less than the entire tract, a
plan shall be submitted showing the proposed division of property including
easements for access to all parcels not fronting on public roads. Such easements
shall be a minimum of 50 feet wide.
P.
Where an applicant proposes to subdivide or develop land in stages, a
preliminary plan for the entire subdivision or land development shall be
submitted for approval. In addition to all other requirements for a preliminary
plan, the preliminary plan shall clearly identify the areas to be included in
each development stage.
A.
Final plan submission for the subdivision of land and land development
shall conform in all important details with preliminary plan submission as
reviewed by the Board of Supervisors including any conditions specified as a
result of review of preliminary plans.
B.
The subdivision or land development plans submitted for review for final
approval shall be clear and legible prints of the drawings. Space shall be
provided for three signatures by the Board and one for the County Planning
Commission on the face of the plans.
The plans shall be identified as final.
C.
Final plans shall be in conformance with the requirements of the Kennett
Township Zoning Ordinance and shall show sufficient information so that
conformity to zoning and subdivision design standards is demonstrated,
including, but not limited to, the grade of streets, degree of curvature, sight
distances, lot size, and any other applicable requirements of the Zoning
Ordinance.
D.
Final plans shall include the following information:
(1)
Information required for a preliminary plan as set forth in Section 403
of this ordinance, including individual plans listed in Sections 403.B through
L, consistent with the conditions of preliminary plan approval and such other
information as is required to complete plans for final presentation as noted
below.
(2)
The total tract boundary lines of the area being subdivided or developed
with accurate distances to hundredths of a foot and bearings to degrees, minutes
and seconds. These boundaries shall be determined by accurate survey in the
field, which shall be balanced and close with an error of closure not to exceed
one foot in 10,000 feet; provided, however, that the boundary(ies) adjoining
additional unplotted land of the subdivider (for example, between separately
submitted final plan sections) are not required to be based upon field survey,
and may be calculated. A statement of the total area of the property being
subdivided shall be included. In addition, the surveyor shall certify to the
accuracy of the survey, the drawn plan.
(3)
The following data shall be shown for right-of-way lines for all
existing, recorded (except those to be vacated), and/or proposed streets within
or abutting the property to be subdivided: the length and width (in feet to the
nearest hundredth of a foot) of all straight lines and of the radii and of the
arc (or chord) of all curved lines; the length of all arcs (in feet, to the
nearest hundredth of a foot) and the central angle in degrees, minutes and
seconds.
(4)
All straight lot lines shall be dimensioned (in feet, to the nearest
hundredth of a foot) and all internal angles within lot lines shall be
designated (in degrees, minutes and seconds) or by magnetic bearings (in
degrees, minutes and seconds). Curved lot lines shall show length of arc (in
feet, to the nearest hundredth of a foot) and the central angle (in degrees,
minutes and seconds) and the radius and chord information (in feet to the
nearest hundredth of a foot).
(5)
All rights-of-way or easements shall be shown and accurately identified
on the final plan.
(6)
The final site design and layout plan for lots within a subdivision shall
show house or box numbers and all streets shall be named. House or box numbers
shall be assigned by the Township.
(7)
The location and width of all private driveways shall be shown.
(8)
Sewage and Water Facilities
(a)
Where off-site or community sewer service is to be provided, the final
design of all facilities including, but not limited to, sewers, manholes,
pumping stations and sewage treatment facilities. Where required, the design of
the capped sewer system.
(b)
Where off-site water or central water service is to be provided, the
final design, including location and size of all proposed water service
facilities within the subdivision, shall be shown, including wells, storage
tanks, pumps, mains, valves and hydrants. The plan shall contain a statement
that the placement of fire hydrants, site emergency access, and the components
of the system have been reviewed by the Fire Marshall and that both are
compatible with the firefighting methods and equipment used by local fire
companies.
(c)
For on-site water supply and sewage facilities, the final location of
wells and sewage systems.
(9)
Final location, size and invert elevation of all proposed storm sewers
and location of all manholes, inlets and culverts.
(10)
Location of permanent reference monuments and markers.
(11)
A final land development plan shall show dimensioned building locations,
location and size of parking lot, provisions for access and traffic control,
locations of loading docks and provisions for drainage, landscaping and lighting
of site.
(12)
A complete stormwater management and soil erosion and sedimentation plan
prepared in accordance with the requirements of Section 403.I. Such plans shall
accompany all subdivision and land development plans where grading of the land
is anticipated. A permit shall be obtained from the Department of Environmental
Protection as required by said Department and a copy of which shall be submitted
to the Township when received. Soil
erosion and sedimentation control plans shall also incorporate facilities for
stormwater management in accordance with the policies and practices of the
Chester County Conservation District.
A copy of the Notice of Adequacy and NPDES permit shall be submitted to
the Township when received.
(13)
Where subdivision of land is proposed as a part of land development
because of the creation of mortgages encumbering less than the entire tract, the
final plan shall be submitted showing the proposed division of property,
including easements for access to all parcels not fronting on public roads.
E.
Where streets are proposed for dedication, a final plan of street
profiles and cross-sections incorporating the following information:
(1)
The profile plan shall show the vertical section of the existing grade at
the centerline and each right-of-way line and proposed grade along the
centerline of the proposed street. Where storm drainage and/or sanitary sewer
lines are to be installed, they shall also be shown on the profile plan. Plans
shall be prepared in accordance with the standards for preliminary plans set
forth in Section 403.G(6) of this ordinance.
(2)
A typical cross-section street construction shall be shown on the profile
plan consistent with the requirements of Section 403.G(7).
F.
If required, a final lighting plan for location and type of streetlights
to be installed by the developer, together with the necessary contract for
streetlight installation and maintenance for approval by the Township.
(1)
Certification by the engineer, land surveyor or landscape architect who
prepared the plan that the plans are in conformity with zoning, building,
sanitation and other applicable Township ordinances and regulations. In any
instances where such plans do not conform, evidence shall be presented that an
exception has been officially authorized.
In addition, a certification of accuracy indicating compliance with State
law and signed by the design professional shall be included on the final plan.
(2)
A statement of the intended use of all nonresidential lots, with
reference to restrictions of any type which exist or will exist as covenants in
the deed for the lots contained in the subdivision and, if covenants are
recorded, including the book and page number.
(3)
A certificate of title showing the ownership of the land to be vested in
the subdivider or other applicant for plan approval.
(4)
The final subdivision plan shall include thereon or be accompanied by an
affidavit by the landowner of the land proposed to be subdivided to the effect
that the subdivision as shown on the final plan is made with his or their free
consent and that it is desired to record the same.
(5)
A copy of all easements executed with private property owners, utilities,
or municipalities, including conservation easement documents or other approved
mechanism to permanently preserve the open space in an Open Space Design
subdivision, as approved by the Township Solicitor.
(6)
All offers of dedication and declarations of covenants and restrictions,
including homeowner association documents, governing the reservation and
maintenance of undedicated open space, which shall bear the certificate of
approval of the Township Solicitor as to their legal sufficiency.
Any other restrictive covenants and/or trusteeships and their period of
existence shall be indicated on the final plan wherever applicable.
(7)
A copy of such private deed restrictions, including building setback
lines, as may be imposed upon the property as condition to sale, together with a
statement of any restrictions previously imposed which may affect the title to
the land being subdivided.
(8)
Such certificates of approval (or of preliminary approval) by proper
authorities of the Commonwealth as may have been required by the Board or by
this ordinance. Final plan approval
shall be conditioned upon receipt of an approved Sewage Facilities Planning
Module from the Pennsylvania DEP or approval of a planning exemption.
(9)
If the subdivision proposes a new street intersection with a state
legislative route, a letter from the Pennsylvania Department of Transportation
approving the proposed intersection shall be submitted with the final plan.
(10)
Where access is required to a highway under the jurisdiction of the
Pennsylvania Department of Transportation, the plan shall contain a notice that
a highway occupancy permit is required pursuant to Section 420 of the Act of
June 1, 1945 (P.L. 1242, No. 428), known as the “State Highway Law,” before
driveway access to a state highway is permitted.
H.
In the event that a subdivision or land development is to be carried on
in stages:
(1)
The final plan requirements shall apply only for the stage or stages for
which final approval is requested. Final approval of a stage is conditioned upon
conformity with the provisions of the approved preliminary plan.
(2)
Final approval of subsequent stages of development shall be contingent
upon:
(a)
Completion of all improvements associated with the preceding stage or
stages.
(b)
Completion of not less than 25% of the dwellings within the preceding
stages.
SECTION 405.
IMPACT STUDIES.
The Township may, when it
deems appropriate, require one or more of the following impact studies from the
applicant in order to determine the effect or impact of the proposed subdivision
or land development. Impact studies
may be required when a preliminary plan application for subdivision or land
development results in 24 or more dwelling units, or other uses that generate
either 50 or more total a.m. or p.m. peak hour trips per day or 500 average
daily trips, or as otherwise determined by the Township.
These thresholds shall not, however, apply to Subsection A. Regional
Traffic Impact Study, or Subsection D. Well Withdrawal Impact, below as the
Regional Traffic Impact Study and the Well Withdrawal Impact Study include their
own threshold standards.
The Township Planning
Commission, following the initial review of the sketch plan or preliminary plan
application, will determine which, if any, of the impact studies are required.
In all cases where impact studies have been required, the applicant shall
submit the required impact studies to the Township for review before the
Planning Commission can recommend preliminary approval to the Board of
Supervisors.
Organization of Study.
Each impact study 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 study should be written in a manner and style that clearly focus the
information, data and analyses on the issues and objectives described above.
The sources of all data should be appropriately documented.
Preparation of Study.
A professional engineer, professional hydrogeologist, certified public
accountant, attorney, landscape architect or professional planner, as
appropriate, shall prepare the study.
The cost of the study shall be the responsibility of the applicant.
A.
Regional Traffic Impact Study.
(1)
Applicability. A regional traffic impact study shall be required to
assess the impact of proposed developments with significant potential to
generate traffic volume on the road network of the municipality and region.
Specifically, a traffic impact study using the regional transportation
model developed in conjunction with the Kennett Area Regional Planning
Commission (KARPC) shall be required under the following circumstances in
subsection (a) below:
(a)
A traffic impact study using the regional transportation model shall be
required of any subdivision or land development which meets the following
minimum thresholds:
Single-family detached
48 dwelling units
Other residential
72 dwelling units
Shopping
center
15,000 square feet of gross leasable floor area
Other commercial
15,000 square feet gross floor area
Restaurant/convenience
store
2,000 square feet gross floor area
Office
20,000 square feet gross floor area
Industrial
25,000 square feet gross floor area
Hotel
50 rentable rooms
Other uses
Any use that generates 100 or more total a.m. or p.m. peak hour trips
(b)
The Township may also require that a traffic impact study be undertaken
using the regional transportation model under one or more of the following
circumstances regardless of the number of peak hour trips expected to be
generated or the size of the development:
[1]
The proposed development is expected to have a significant regional
impact on the safety and/or traffic flow of the affected roadway(s).
[2]
The level of service on nearby roadways and/or intersections may be
significantly affected.
[3]
The proposed development may impact roadways and/or intersections that
have been identified in the most recent KARPC biennial study update or by any
other qualified source as having inadequate or unsafe circulation or stopping
distances.
[4]
A traffic impact study may be required in the event of a proposed
rezoning, a curative amendment, or a validity challenge to the municipal
ordinance.
(2)
Review process. When a proposed development meets one of the thresholds
in subsection (a) above, or it is determined by the Township that a situation in
subsection (b) above may exist, the following two-step review process shall
apply. The municipality shall be reimbursed for the cost of processing the
application and the two-step review process as established in Section 405.A(3)
below.
(a)
Step One: Upon receipt of a subdivision or land development proposal
meeting the minimum thresholds in Subsection 405.A(1)(a) or (b) above, the
regional traffic consultant shall complete the following tasks:
1]
Explain the overall review process to the applicant and the fees
associated with each of the steps in the review process.
[2]
Obtain information pertaining to the proposed development from the
municipality.
[3]
Update the regional transportation model with current information
pertaining to other developments in the region that may impact the proposed
development.
[4]
Run the regional transportation model to project traffic volume
distribution and projected volume changes at appropriate intersections.
[5]
Prepare the traffic impact study scope of work identifying the
recommended study area and intersections to be included in the traffic impact
study. An estimate of the cost of the traffic impact study shall be included
with the scope of work.
[6]
Meet with the municipality and applicant to review the results of the
model run and the scope of work.
(b)
Step Two: Upon the completion of Step One, the traffic impact study shall
be undertaken as follows:
[1]
The regional traffic consultant shall use the scope of work developed in
Step One to complete the traffic impact study for the proposed development.
[2]
The traffic impact study shall include existing and projected condition
level of service (LOS) analyses and identification of mitigation measures for
LOS deficiencies.
[3]
The traffic consultant shall meet with the municipality and applicant to
review the results of the traffic impact study.
(c)
In response to the results of the regional traffic impact study, the
applicant shall produce a written report detailing how the issues that were
identified in the study will be addressed to minimize potential impacts.
(3)
Fees. The following fees shall be submitted by the applicant to cover the
costs associated with processing the application, running of the regional
transportation model, and producing the required traffic impact study. The fees
shall be as established in the municipal fee schedule.
(a)
Application fee. An application fee shall be submitted by the applicant
to cover the cost of processing the traffic impact analysis.
(b)
Step One of review process. A fee to cover Step One of the review
process, which includes running of the regional transportation model and
developing a scope of work and a cost estimate for producing the traffic impact
study, shall be submitted by the applicant and placed in an escrow account. The
regional traffic consultant upon initial examination of the proposed development
shall determine the specific amount of this fee.
(c)
Step Two of the review process. The cost of the traffic impact study, as
estimated in Step One of the review process by the regional traffic consultant,
shall be submitted by the applicant and placed in an escrow account.
B.
Local Traffic Impact Study.
(1)
Objectives. The
objective of the local impact study on transportation is to provide the Planning
Commission and Board of Supervisors enough information and data to properly
determine:
(a)
The impact generated by the proposed development on the local road
network in the Township and in adjacent municipalities as applicable.
(b)
The traffic safety problems that may be generated or worsened by the
proposed subdivision or land development.
(c)
The capital improvements to existing transportation facilities that will
be needed because of additional traffic volumes generated by the proposed
subdivision or land development.
(d)
The possible need for additional police support.
(2)
Minimum Contents. As
a minimum, the impact study should include the following:
(a)
Identification of study area.
The study area shall be determined by the characteristics of the
surrounding areas as mutually agreed upon by the Township’s engineer and the
transportation engineer preparing the analysis. Generally, the intersections to
be included shall be adjacent to the site and shall include such intersections
within one-quarter mile of the site.
(b)
Description of existing roadways including road geometry, traffic control
information, speed limits and functional classification.
(c)
Existing 24-hour and peak hour traffic volume data for all roads which
provide direct access to the proposed development and for the collectors and
arterials which will serve it, as well as any major intersection within the
identified study area.
(d)
Estimates of the total number of vehicle trips to be generated by the
proposed development for:
1)
A typical 24-hour period.
2)
Typical a.m. and p.m. peak periods.
(e)
Assignment of future 24-hour and peak hour volumes to the local,
collector, and arterial streets that will serve the proposed subdivision or land
development based on the estimate from subsection d., above, and estimates of
normal growth in overall traffic volumes.
(f)
The directional distribution of site generated trips to and from the
approach roads surrounding the proposed development.
(g)
Projected 24-hour and peak hour turning movement data for all access
points proposed for the development.
(h)
Capacity analysis of existing and future traffic on major intersections
contained in the identified study which will be impacted by the additional
volumes generated by the proposed development.
(i)
Data about existing accident levels at these intersections categorized by
accident type for each intersection.
(j)
A determination based on accident data and traffic volume information as
to the need for traffic control signalization.
(k)
Descriptions of the improvements to roads and intersections contained in
the identified study area that will be required in order to avoid problems of
traffic congestion and traffic safety that might be generated by traffic from
the proposed development.
(l)
A determination of pedestrian traffic, based on the sites’ location to
other pedestrian trails or amenities, including but not limited to places of
employment, recreation or commercial uses, and a description of what
improvements will be made to facilitate pedestrian circulation in light of other
traffic and circulation issues.
(m)
Cost estimates of any proposed improvements that will be required.
(n)
Descriptions of existing and planned public transportation services in
the Township and the potential to serve the proposed subdivision or land
development.
(o)
Descriptions of any actions proposed or offered by the applicant to
alleviate any burdens caused by the impact of the proposed subdivision or land
development on the transportation network.
(p)
Written text to interpret the information and data presented in terms of
the aforementioned objectives.
(3)
Post-Study Review.
The Township may choose to have the regional traffic consultant review the
results of the local traffic impact study then submit it along with written
recommendations to the Planning Commission or Board of Supervisors before the
Board makes a decision regarding the subdivision or land development plan.
C.
Water, Sewage, and Stormwater System Analysis.
(1)
Objective. To provide
the Township with the analytical information needed to determine the best
long-term approach for providing an adequate water supply, wastewater disposal,
and stormwater recharge for a subdivision or land development while minimizing
the impact on the natural water system.
(2)
Minimum Content. At a
minimum, the water resources assessment shall contain the following information:
(a)
A description of the proposed project, including projected long-term
water demand, wastewater demand and meadow condition recharge rates.
(b)
Identification, evaluation, and tradeoff analysis of alternative
scenarios of water supply, wastewater disposal, and stormwater recharge.
These alternatives shall include individual, community and public means
of water supply and recharge systems, to include sewage disposal and ground and
stormwater recharge methods and systems.
For each identified alternative, the tradeoff study should include an
analysis of:
[1]
Types and locations of supply, disposal, and recharge systems
[2]
Requirements of Sections 405.D. 405.E., 405.F., and 405.H., of this
ordinance
[3]
Cumulative, long-term effects on immediate and surrounding aquifers,
streams, wetlands, springs, source of water supply, and receiving waters of
wastewater disposal.
[4]
Cumulative, long-term effects on quality and quantity of surrounding
agriculture, residential, and other water users, both materially and
financially.
[5]
Financial comparisons of initial and sustained costs for each scenario.
[6]
Identification of governmental and private funding sources for any
capital outlays required for any infrastructure improvements (i.e., water lines,
sewer lines, pumping stations, wells, check valves, excavation, stone, etc.),
water treatment facilities, and stormwater management facilities, and long-term
operation and maintenance costs.
[7]
Other parameters the Township may determine appropriate.
(c)
A summary analysis comparing all identified alternatives to the
requirements of Sections 405.C.,
405.D. 405.E., 405.F., and 405.H., of
this ordinance.
[1]
The summary should include a discussion of any limitations which could
affect the analysis.
[2]
The summary should conclude with a recommended scenario for water supply,
wastewater, and stormwater management, the reasons justifying the
recommendation, and the reasons why the other identified alternatives are not as
viable.
D.
Well Withdrawal Impact.
(1)
Objective. The
objective of a well withdrawal impact study is to provide the Planning
Commission and the Board of Supervisors with information and data to properly
evaluate the impact that the proposed subdivision or land development will have
on the groundwater resources in the Township.
It is also intended to evaluate whether adequate potable water will be
available to service a proposed subdivision or land development without
negatively impacting existing wells or other water resources. A professional
(2)
Threshold and Length of Pumping Test Required.
A well withdrawal impact study may be required of any subdivision or land
development which meets the following minimum thresholds:
(a)
On-lot Sewer.
[1]
10-32 units for residential development or 3,000 gallons per day (gpd)
for nonresidential development. An
8-hour pumping test is required for this threshold.
[2]
33 or more units for residential development or 10,000 gallons per day
(gpd) for nonresidential development.
A 48-hour pumping test is required for this threshold.
(b)
Public Sewer.
[1]
3-19 units for residential development or 1,000 gpd for nonresidential
development. An 8-hour pumping test is required for this threshold.
[2]
20 or more units for residential development or 6,000 gallons per day
(gpd) for nonresidential development.
A 48-hour pumping test is required for this threshold.
(3)
Minimum Content. In
addition to any requirements of
(a)
Description and purpose of the project including a U.S.G.S topographic
map indicating the location of the project, perennial streams, other surface
water and existing wells located within the radius specified in this
sub-section.
(b)
Proposed 30 day average rate and maximum day rate of withdrawal in total
and from each source, as applicable.
For residential developments, the proposed peak rate shall be defined as 1.5
times the average residential demand. Average residential demand shall be
defined as 100 gallons per day per bedroom and minimum of 300 gallons per day
per residence. For nonresidential developments, the peak water demand
shall be calculated based on industry standards or based on the peak sewage
flows defined by the PA Code §73.17.
(c)
A geologic map indicating the project site, the location of the proposed
withdrawal point(s), and the specified radius provided in this subsection.
(d)
A hydrogeologic study shall be conducted by a professional geologist. For
water withdrawal projects involving multiple wells proposed for concurrent use,
the well tests at all wells shall be conducted concurrently.
For residential developments of 100 acres or more, one pumping well per
100 acres shall be required. The
hydrogeologic study shall include but not be limited to the following
information. Any modification of these standards shall be subject to approval by
the Township Engineer and consistent with currently recommended practices.
[1]
A constant rate well test conducted for a minimum length of time as
indicated in subsection D(2) above, taken during a period of no recharge, or if
there is any precipitation during the test, the precipitation shall be properly
accounted for in the analysis. The
pumping test shall be based on the proposed peak withdrawal for the entire land
development including existing and proposed wells. Water level versus elapsed
time shall be recorded throughout the pumping test and plotted appropriately.
Additional information shall include:
[a]
Static, pumping and recovery water level measurements from all observed
wells and perennial streams with a sufficient number of measurements taken to
adequately characterize drawdown, recovery and stream flow.
[b]
Date and time of all water level measurements.
[c]
Record of pumping rate measured throughout the well test.
[2]
Observations of water levels from any monitoring wells located on the
project property.
[3]
Observations of water levels and pumping rate available from existing
wells within the specified radius.
The monitoring wells selected shall be representative of the entire area within
the required radius. The radius
from the location of the proposed water withdrawal to be considered shall be as
follows:
|
Proposed 30 Day
Average Withdrawal Rate (Gallons Per Day) |
Radius (Miles) |
|
6,000 - 50,000 |
0.50 |
|
50,001 - 100,000 |
0.75 |
For water withdrawal projects involving multiple wells, the appropriate
radius surrounding each well shall be used.
The radius to be used for multiple well projects with individual well
withdrawals under 6,000 gallons per day on average shall be 0.25 miles.
[4]
Well log data for monitoring wells, if available, to identify significant
water bearing zones. A significant
water bearing zone is one capable of providing at least 10% of the pump capacity
rate.
[5]
Observations of perennial stream levels at points within search distances
noted in item [3] above.
[6]
An analysis of expected impacts on intended water source uses caused by
continual withdrawals on existing wells, flows of perennial streams and
long-term lowering of groundwater levels.
[7]
Documentation, based on historical water table measurements, of drought
condition water table elevation approximating a 50 year drought, if available.
[8]
All field notes and observations. This shall include weather conditions
throughout the pump test.
[9]
All methods or sources utilized to obtain data and draw conclusions.
(e)
Transmissivity and storage coefficient for each aquifer, and comparison
to published sources or hydrogeologic reports for nearby locations.
(f)
Radius of impact of the pumping well.
(g)
Predicted long term yield of pumping well.
(h)
Recharge rate in the radius of impact based on published sources.
(i)
Contour map of 1-foot or more drawdown predicted from the pumping test,
assuming 60-days continual pumping with no groundwater recharge.
(j)
Water quality testing in accordance with Chester County Health Department
required parameters.
(k)
Predicted impact of on-lot sewage disposal systems, if proposed, on
existing water quality within the site, assuming total nitrate concentration of
45 mg/L in un-treated sewage effluent.
(l)
Location and discussion of design of proposed sewage disposal.
(m)
Map showing properties with existing wells within search distance noted
in item (d)[3].
(n)
Notification of Township: No less than 14 days prior to performance of
the pumping test, a pumping test plan must be submitted to the Township for
review. The plan should include the proposed withdrawal rate of the land
development, the pumping test rate, monitoring wells used for the test, and
methods used to obtain data during the study.
(o)
Notification of well owners: certified mail notices shall be sent, copies of
green card postal receipts must be provided to the Township as an attachment to
the water supply impact report. At least 30 days prior to performance of
the pumping test, the developer shall inform, via certified mail, all property
owners within the following distances: 8-hour pumping test - 1/4 mile; 48-hour
pumping test - 1/2 mile. Property owners within 3/4 mile must be contacted
in writing if well impacts to that distance are considered a concern.
E.
Public Services and Facilities
(1)
Objective. The
objective of the impact study on public services and facilities is to provide
the Planning Commission and the Board of Supervisors with enough information and
data to permit them to evaluate the impact that the proposed subdivision or land
development will have on community facilities and to ensure that adequate
community facilities are available to service the residents of the proposed
subdivision or land development.
(2)
Minimum Content. As a
minimum, the impact study should provide:
(a)
Where public water is proposed, a full description of how water service
will be provided to the proposed subdivision or land development, including
descriptions of new, system-wide improvements that will be required to service
the subdivision or land development and the estimated cost of providing such
improvements. Descriptions of the
impact of servicing the proposed subdivision or land development on the system’s
surplus capacity; water pressures throughout the system; increased maintenance
needs; and customer service rates.
(See Well Withdrawal Study in Subsection D., above, when groundwater will be the
water source.)
(b)
Where public sewer is proposed, a full description of how sewer service
will be provided to the proposed subdivision or land development, including
descriptions of new, system-wide improvements that will be required to service
the proposed subdivision or land development and the estimated cost of providing
such improvements. Descriptions of
the impact of servicing the proposed subdivision or land development on the
capacity of treatment facilities; the capacities of major collector pipes and
pumping stations; increased maintenance needs; and customer service rates.
(c)
Documentation from utility companies regarding the availability of
electric and gas services.
(d)
Text or other written material relating the above data and information to
the aforementioned objectives.
F.
Police and Fire and Rescue
(1)
Objective. The
objective of the impact study on police and fire and rescue services is to
provide the Planning Commission and the Board of Supervisors with adequate
information and data for the Township to determine:
(a)
That adequate fire and police protection can be provided to the residents
of the proposed subdivision or land development.
(b)
The extent of capital improvements or increases in services that will be
needed to adequately service the proposed subdivision or land development.
(2)
Minimum Contents. As
a minimum, the impact study shall include:
(a)
Estimated number of police service calls which can be expected as a
result of the proposed subdivision or land development and an estimation of the
number of additional police calls expected based on the proportion of calls
normally reported for the following police activities:
[1]
Crime related incidents.
[2]
Non-crime related incidents (lockout, animal complaints, vacation checks,
etc.)
[3]
Traffic-related incidents (towing vehicles, speeding vehicles, etc.)
(b)
Description of any on-site security measures that will be provided by the
applicant or applicant’s agent to the proposed development, including an
estimate of the security personnel needed.
(c)
Estimate of new emergency services personnel that will be needed to serve
the proposed development (including source of standards used to derive
estimates).
(d)
Estimated number and severity of fires anticipated per year in the
proposed development in accordance with the National Fire Protection Association
codes and standards.
(e)
Description of the present equipment’s capability to handle the increased
stress that will result from the proposed development.
The impact on the availability and type of existing police, fire, and
other emergency equipment, should be considered.
(f)
Adequacy of existing equipment to handle additional load on police, fire
and other emergency equipment and what deficiencies will result from new
development.
(g)
Any contributions applicant intends to make to alleviate manpower and
equipment shortages.
(h)
Description
of additional inspection responsibilities that will be generated by the proposed
subdivision or land development.
(i)
Descriptions of existing or proposed suitable fire protection water
source(s), e.g., pond, stream, hydrant, standpipe, fire pump, including volumes
and pressures, proximity and accessibility, needed to provide adequate fire
protection. Also taken into
consideration when applicable, shall be a description of municipal firefighting
facilities and shall provide information regarding proximity, impediments to
adequate access and their ability to render adequate fire protection to the
proposed subdivision or land development.
(j)
Written text to interpret the information and data presented in terms of
the aforementioned objectives.
G.
Recreation
(1)
Objective. The
objective of the impact study concerning recreation is to provide sufficient
information and data for the Planning Commission and the Board of Supervisors to
adequately evaluate:
(a)
The demand for both active and passive recreational facilities which the
proposed subdivision or land development will generate and determine whether
adequate facilities exist or are planned.
(b)
The extent or scope of any new facilities or services that will be
required as a result of the proposed subdivision or land development in
accordance with Section 513 of this ordinance or Article XVII of the Zoning
Ordinance.
(c)
The consistency between the new facilities or services that will be
required as a result of the proposed development and the applicable
recommendations contained in the Township’s Open Space, Recreation and
Environmental Resources Plan.
(2)
Minimum Content. As a
minimum, the impact study should include the following:
(a)
A description of the projected age-breakdown of the residents of the
proposed subdivision or land development.
(b)
A description of any active or passive recreational facilities to be
provided by the developer.
(c)
A description of who the responsible party(s) will be for maintenance of
any recreational facilities to be provided by the developer.
(d)
A description of existing municipal recreational facilities and the
impact of the proposed subdivision or land development on these facilities.
Accepted standards for required recreation shall be used as a measure of
impact.
(e)
A description of accessibility of developer-proposed facilities to
general Township residents.
(f)
A description of any contributions the developer plans to make in
accordance with the options contained in Section 513 of this ordinance
(g)
Written text to supplement and interpret the information and data
presented in terms of the aforementioned objectives.
H.
Cost-Revenue Analysis
(1)
Objective. The
objective of this impact study is to provide the Planning Commission, the Board
of Supervisors and the
(2)
Minimum Content. As a
minimum, the impact study shall include the following:
(a)
A list of all services that will be supplied to the proposed subdivision
or land development by the Township, joint agencies or authorities that service
the Township and
(b)
A description of the total additional annual cost for each service.
Documentation should include the method for estimating all such costs.
(c)
A list of all new capital facilities that will be required as a result of
the proposed subdivision or land development; as well as the annual costs for
providing each. The cost, or
portion thereof, for any facility to which the developer will make a
contribution, should not be included.
It should be clearly documented which facilities would be required of the
Township, of joint agencies or authorities, or of the
(d)
A list categorized by revenue source, of the total estimated revenue to
be generated by the proposed subdivision or land development. Those which will
go to the Township should be clearly differentiated from those which will go to
the
(e)
Analysis and comparison to determine whether providing services and
facilities to the proposed subdivision or land development will represent a
financial surplus or deficiency for:
[1]
The Township;
[2]
The Kennett Consolidated
[3]
Township agencies or authorities.
(f)
Written text interpreting the information and data presented in terms of
the aforementioned objectives.
I.
Historic Resources
(1)
Objective. The
objective of this impact study is to provide the Planning Commission, and the
Board of Supervisors with sufficient information and data to evaluate the impact
of the proposed subdivision or land development on historic resources in the
Township and encourage the preservation of those resources to the maximum extent
possible.
(2)
Applicability. A
historic resource impact study may be required at the discretion of the Township
when any of the following are proposed:
(a)
When a developer or landowner files an application for approval of a
subdivision or land development plan for land within 300 feet of the exterior
walls of any Class I or Class II historic resource, or on which historic
resources are located.
(b)
General bridge or highway construction or substantial repair passing
within 300 feet of the exterior walls of any Class I or Class II historic
resource.
(c)
Subdivision or land development plans propose adaptive reuse or
demolition of a historic resource.
(d)
Subdivision or land development plans are proposed which may impact
primary archaeological sensitive areas, in which case an archaeological impact
study shall be submitted and, if archaeological resources potential exists, a
Phase I Archaeological Study shall be conducted.
(3)
Minimum Content. As a
minimum, the impact study shall include the following:
(a)
General site description, including topography, watercourses, vegetation,
landscaping, existing drives, or similar features.
(b)
Any easements, deed restrictions, rights-of-way, or any other
encumbrances upon the land, including location, size and ownership.
(c)
Site features or conditions, such as hazardous sites, dumps, underground
tanks, active and abandoned wells, quarries, landfills and artificial land
conditions.
(d)
General description and classification of all historic resources located
on the land to be developed and on tracts immediately adjacent to the subject
tract or road, or within 300 feet of the subject tract or road;
(e)
Narrative description of the historical development of the subject tract
and statement of the historic and architectural significance of each historic
resource;
(f)
Physical description of all historic resources identified;
(g)
Sufficient number of photographs (minimum size 4” x 6”) to show all
elevations of every historic resource identified and the resource in its
setting;
(h)
Photographs (minimum size 4” x 6”) illustrating the architectural
features of each historic resource, as well as site features.
(i)
Proposed Change:
[1]
A description of the impact of the proposed development on each
identified historic resource, with special emphasis on the impact to
architectural integrity, historic setting and future use.
[2]
A description of those measures to be undertaken by the developer to
minimize the negative impact on the historic resources, including design
alternatives, buffering or landscaping.
(4)
Post-Study Review.
The Historical Commission may review the impact study, then submit it along with
written recommendations to the Planning Commission or Board of Supervisors
before the Board makes a decision regarding the subdivision or land development
plan.
ARTICLE V
DESIGN STANDARDS
A.
The standards and requirements contained in this Article are intended as
the minimum for the promotion of the public health, safety and general welfare
and shall be applied as such by the Township Planning Commission and Board of
Supervisors in reviewing all subdivision plans.
B.
Whenever other Township ordinances and/or regulations impose more
restrictive standards and requirements than those contained herein, such other
ordinances and/or regulations shall be observed; otherwise, the standards and
requirements of this ordinance shall apply.
C.
Where literal compliance with the standards of this ordinance are clearly
infeasible, such standards may be
waived or modified by the Board, on a case-by-case basis, upon
submission to the Planning Commission
of request for waiver and supporting documentation for review and
recommendation, where such modifications achieve substantially the objectives of
this ordinance and covenants or other legal provisions are provided to ensure
conformity with the conditions of the subdivision plan approval.
D.
Land subject to hazards to life, health or property, such as may arise
from fire, floods, disease or other causes, shall not be subdivided for building
purposes, unless such hazards have been eliminated or unless the subdivision
plan shall show adequate safeguards against them, which shall be approved by the
appropriate regulatory agencies.
E.
Subdivision plans shall give due recognition to the “official plans” of
the Township, as defined by this ordinance, and of the county and Kennett Area
Region or to such parts thereof as may have been adopted pursuant to statute.
F.
Land proposed for subdivision shall not be developed or changed by
grading, excavating or by the removal or destruction of the natural topsoil,
trees or other vegetative cover, unless adequate provisions for minimizing
erosion and sediment are provided consistent with the requirements of Article IX
of this ordinance.
G.
The design of the proposed subdivision and land development shall
preserve, to the greatest extent possible, the natural features and topography
of the site.
H.
No parcel of land shall be created, either by inclusion or exclusion from
a proposed subdivision or land development, which cannot be properly used for a
permitted use under the existing zoning regulations for that district.
A.
General standards.
(1)
Proposed streets shall be properly related to such street plans or parts
thereof as have been officially prepared and adopted by the Township, including
recorded subdivision plans and the Official Map of the Township. Where
applicable, the proposed street system shall extend existing or proposed streets
on the “official plans” at the same width or larger, but in no case at less than
the required minimum width in Section 502.B.
(2)
Proposed streets shall further conform to such Township, county and state
road and highway plans as have been prepared, adopted and/or filed as prescribed
by law.
(3)
Thoughtful and imaginative design of streets and their relationship to
the arrangement and shape of lots is required. The blending of the street with
topography to produce curvilinear design, reasonable grades, and adequate sight
distances is an important element of street design. The rectilinear design of
streets and lots involving long straight sections of street should generally be
avoided. A traditional grid street
pattern is considered appropriate in the context of a proposed traditional
neighborhood development or where it is the extension of an existing street
pattern.
(4)
Local streets shall be laid out so as to discourage through traffic, but
provision for street connections into and from adjacent areas may be required.
Where, in the opinion of the Township Planning Commission, it is desirable to
provide for street access to adjoining property, a dedicated right-of-way shall
be extended to the boundary of such property.
(See also Section 502.H, Cul-de-sac Streets.)
(5)
If lots resulting from original subdivisions are large enough to permit
resubdivision, or if a portion of the tract is not subdivided, adequate street
rights-of-way to permit further subdivision shall be provided as necessary.
Remnants and landlocked parcels shall not be created.
(6)
Where a subdivision abuts or contains an existing or proposed major
thoroughfare, the Board may require dedication of additional right-of-way to
provide the minimum right-of-way specified hereinafter and marginal access
streets, rear service alleys, reverse frontage lots, or such other treatment as
will provide protection for abutting properties, reduction in the number of
intersections with the major thoroughfare and separation of local and through
traffic.
(7)
Continuations of existing streets shall be known by the same name, but
for other streets shall not duplicate or closely resemble names for existing
streets in the Township and/or Post Office district. The Board may reject street
names and suggest alternate names.
Proposed street names shall also be subject to approval by the U.S. Post Office
and shall be reviewed by Chester County Emergency
Services and the Township’s Emergency
Management Coordinator.
(8)
Where streets and other public improvements continue into adjoining
municipalities, evidence of compatibility of design, particularly with regard to
street widths, shall be submitted. The applicant shall coordinate such design
with both municipalities to avoid abrupt changes in cart way width or in
improvements provided.
(9)
All entrances onto Township or state roads shall require an appropriate
highway occupancy permit and shall be constructed to state specifications.
(10)
The Board may require the developer to make improvements to existing
streets or roads abutting the property being developed as may be needed to
provide safe and convenient access to the proposed development and to
accommodate the increased traffic resulting from the development.
(11)
Traffic calming devices may be required by the Board of Supervisors upon
recommendation by the Township Engineer and Planning Commission.