Township of Franklin, PA Application Procedures and Plat Requirements

§ 146-300 Preapplication procedures.

Copies of this chapter shall be available for review at the Township Building or for purchase by any person seeking information concerning land development and/or subdivision standards and procedures in effect within the Township. Any prospective developer or subdivider may meet with the Township Planning Commission to discuss and review proposed plans and/or provisions of this chapter.

Prior to the final plan submission, the prospective developer must have complied with the planning requirements of the Pennsylvania Sewage Facilities Act[1] as administered by the Pennsylvania Department of Environmental Protection, as may be applicable.

[1]

Editor's Note: See 35 P.S. § 750.1 et seq.

Prospective developers shall consult the County Conservation District representative concerning erosion and sediment control, wetlands, and the effect of geologic conditions on the proposed development. At the same time a determination should be made as to whether or not any of the subdivision or development is located in an area subject to flooding. Land that is subject to flooding shall not be platted for residential occupancy or for any other use that may endanger health, life, or property. Such land within a subdivision shall be set aside for such uses as shall not be endangered by periodic or occasional flooding and shall not produce unsatisfactory living conditions.

The developer may request that a preapplication meeting be held to discuss specific proposal requirements. Such requests shall be made to the Board of Supervisors in writing.

§ 146-301 Sketch plan.

Prior to the submission of a preliminary plan, developers are encouraged to submit a sketch plan to the Township Planning Commission. This will enable the Planning Commission to review the proposal for the factors that may affect the development. Discussions on sketch plans are intended as purely advisory and shall not exempt the developer from any additional requirements of this or any other ordinances affecting the development. The Planning Commission may, at its discretion or when requested by the applicant, submit the sketch plan to the Township Engineer or Solicitor and the County Planning Agency for review and comment in order to provide the developer with more specific written directive.

If the sketch plan is reviewed by the Engineer or Solicitor, the applicant shall provide the Township with a deposit in accordance with the fee schedule to cover the cost of such review. A sketch plan should contain the following information at a minimum:

(1)

Location map.

(2)

General information concerning any community facilities and/or any other man-made or natural features that will affect the proposal.

(3)

Property boundary taken from deeds, Tax Maps, or other surveys.

(4)

A sketch of the proposed development drawn at a scale no smaller than one inch equals 100 feet showing the proposed layout of streets and lots, and other features of the subdivision or development. The sketch plan may also indicate the tentative layout of any proposed utilities or drainage structures.

(5)

Contours from USGS Quadrangle Map or other source.

(6)

Soil boundaries as taken from the Adams County Soil Survey Manual.

(7)

Floodplain as taken from the Flood Insurance Rate Map for Franklin Township.

(8)

A statement indicating the zoning district and appropriate criteria.

(9)

Name of property owner and all adjoining property owners.

§ 146-302 Preliminary plan procedures.

In proposed residential developments involving no more than three lots proposing exclusively single-family detached dwellings, each of which will abut an existing public right-of-way and will not require construction of public improvements, the submission of a preliminary plan is waived. However, all other applicable requirements and specifications shall remain the same.

Submission of the preliminary plan.

(1)

In conjunction with the submittal of the plan, an application must be completed and signed by the developer. This must include supplementary data, application fees and a deposit of required fees for engineering and legal review, as required by the chapter. Preliminary plans and all required accompanying documentation shall be submitted to the Township a minimum of 15 business days in advance of the regularly scheduled Planning Commission meeting in which the applicant wishes to review the plan.

(2)

All plans will undergo an initial staff review before being considered as a complete submission. During this initial review, plans will not be released to Planning Commission members for formal review. In the event that the application is deemed incomplete, the Township shall notify the applicant, in writing, within 10 business days of its receipt of the application. Should the applicant fail to provide a written withdrawal of the submission, or fail to provide missing items, in either event by the day the agenda closes for the next meeting of the Board of Supervisors, the Township Secretary shall place the matter on the agenda for that meeting, at which time consideration shall be given to deny approval of the plan under the relevant authority of this chapter and the Pennsylvania Municipalities Planning Code. A complete submission shall consist of the specified number of copies of plans, reports and applications including the following items (where required by ordinance):

(a)

Completed application form (provided by Township) signed by landowner or landowner's agent.

(b)

Six blue-line or black-line paper prints of the preliminary plan showing all the information required in § 146-304 of this chapter.

(c)

Four copies of all other required documentation, including but not limited to stormwater management report, sewage facilities planning module, erosion control plan and calculations, and wetlands delineation report.

(d)

A filing/application fee as established in Article VI of this chapter.

(3)

Approval of the preliminary plan constitutes approval of the proposed subdivision or land development with respect to the layout, general design, the approximate dimensions and other planned features. Preliminary approval binds the developer to the general scheme of the plan as approved. Preliminary approval does not authorize the recording, sale or transfer of lots, or the installation of improvements. Preliminary plan approval also does not constitute final approval of the design of improvements as required by the chapter.

Action on preliminary plan by the Planning Commission.

(1)

The Township Planning Commission may perform the following:

(a)

Review all applicable reports from the County Planning Department, Township Engineer, Township Planning Consultant, appropriate Water and/or Sewer Authority, Pennsylvania Department of Transportation, Soil Conservation District, and other reviewing agencies;

(b)

Discuss the submission with the applicant; and

(c)

Recommend revisions so that the plan will conform to Township's ordinances;

(2)

The Township Planning Commission shall perform the following:

(a)

Determine whether the preliminary plan meets the requirements of this chapter, and other ordinances of the Township; and

(b)

Recommend approval or disapproval of the preliminary plan to the Board of Supervisors. In the case of a recommended disapproval, the Planning Commission shall indicate the specific deficiencies and the chapter provisions which have not been met.

Action on preliminary plan by the Board of Supervisors.

(1)

Following receipt of the written decision from the Township Planning Commission, the Board of Supervisors shall consider the preliminary plan at its next regularly scheduled or special meeting. If the plan is to be considered at a special meeting, the developer shall be so notified, and in addition, the Board of Supervisors may also schedule a public hearing, pursuant to public notice, before taking any action on the plan.

(2)

Action on a preliminary plan shall be taken by the Board of Supervisors not later than 90 days following the date of the regular meeting of the Township Planning Commission, next following the date that a complete application is 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 a complete application, or the final order of the court, the said ninety-day period shall be measured from the 30th day following the day the complete application has been filed.

(a)

In its review, the Board of Supervisors shall consider the reports and recommendations of the Township Planning Commission and the various other individuals or agencies to whom the plan was sent for review and comment. As a result of its review, the Board of Supervisors may require or recommend such changes and modifications as it shall deem necessary or advisable in the public interest.

(3)

The decision of the Board of Supervisors concerning the plan shall be made in writing and shall be communicated to the developer not later than 15 days following the meeting at which the decision is made. If a plan is not approved, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

(4)

Failure of the Board of Supervisors to render a decision and communicate it to the developer within the time and in the manner required by the Pennsylvania Municipalities Planning Code (MPC) shall be deemed an approval of the application in terms as presented unless the developer has agreed, in writing, to an extension of time or change in a prescribed manner or 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.

(5)

Approval of the preliminary plan shall not constitute approval of the final plan for any purpose or reason, but shall constitute conditional approval of the proposed development as to its general character and layout. It shall not constitute final approval of design of required improvements or utilities.

(6)

When a preliminary plan has been approved or approved subject to certain conditions acceptable to the developer, no subsequent change or amendment in this or any other applicable ordinances shall be applied to affect adversely the right of the developer to commence and to complete any aspect of the approved development within five years from such approval.

(a)

Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the plan for such approval was duly submitted to the Township.

(7)

In lieu of disapproving a plan, the Board of Supervisors may approve the preliminary plan subject to conditions acceptable to the applicant. Where a plan is conditionally approved, the written decision shall state the conditions of approval along with a ninety-day time limit for satisfaction of conditions. When a conditional approval is granted and a written decision is provided to the applicant, the applicant shall have seven business days from the date of notice of the decision to notify the Township that the conditions are not acceptable, or they shall be deemed accepted by the applicant.

[Amended 5-3-2018 by Ord. No. 2018-02]

(a)

In the event that the applicant notifies the Township that the conditions are unacceptable, the approval of the plan will automatically be rescinded and the plan is considered to be disapproved.

(8)

When the applicant revises the plan to an extent which the Township determines to be a major revision (i.e., street layout, design or layout changes in utilities, lot changes, lot revisions, etc.), or if unauthorized revisions are made, the ninety-day review period shall automatically be restarted and shall begin with the date of the Planning Commission meeting following the resubmittal or 30 days after resubmittal, whichever shall come first.

Zoning review. All land development and subdivision plans must be submitted to the Franklin Township Zoning Officer or designated official responsible for zoning review. Preliminary plan approval will not be granted prior to receipt of written proof of conformance to the Zoning Ordinance[1] as it relates to the preliminary plan.

[1]

Editor's Note: See Ch. 175, Zoning.

Provision for additional review. The Township may solicit the review and comment of additional agencies and public services such as the appropriate fire department, emergency management agency, school district, PennDOT, etc. Copies of such review shall be made available to the developer.

§ 146-303 Preliminary plan requirements.

The preliminary plan submission shall be prepared by a registered surveyor or engineer and be drawn on reproducible stable transparency, using black ink for all data, including approval signatures. Scale shall be no less than one inch equals 50 feet unless otherwise approved by the Township Engineer. Such plats and surveys shall be prepared in accordance with Act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Land Surveyor and Geologist Registration Law."[1] The foregoing requirements shall not preclude the preparation of a plat in accordance with the Act of January 24, 1966 (1965 P.L. 1527, No. 535), known as the "Landscape Architects' Registration Law,"[2] when it is appropriate to prepare the plat using professional services as set forth in the definition of the "practice of landscape architecture" under Section 2 of that Act.

Information required. The preliminary plan shall show:

(1)

Name of proposed subdivision, and of the municipality in which it is located.

(2)

Name, address and telephone number of the developer.

(3)

Name, address, telephone number, license number and seal of the professional engineer, or registered surveyor who prepared the drawings.

(4)

Date of origin and of each subsequent revised submission.

(5)

True or magnetic North point.

(6)

Graphic scale.

(7)

Written scale.

(8)

Certification by professional engineer or surveyor that depicted topography is field surveyed for all instances where grading activities and/or public improvements are proposed. Subdivision plans that do not propose public improvements may utilize USGS quadrangle mapping or County Mapping Office/aerial topography as provided by the Adams County Mapping Office.

(9)

A key map, for the purpose of locating the property being subdivided, drawn at a scale of one inch equals 2,000 feet, and showing the relation of the property to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision plans existing within 1,000 feet of any part of the property. In addition, a title, scale, and North point shall be indicated.

(10)

The total tract boundary lines of the area being subdivided showing distances to hundredth of a foot and bearings to one second. These boundaries shall be determined by accurate survey in the field, which shall close with an error of closure not to exceed one foot in 10,000 feet before adjustment; provided, however, that the boundary(ies) adjoining additional unplatted 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. The location and elevation of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the engineer of surveyor shall certify to the placement of the monuments.

(11)

A plot drawn to a legible scale showing the entire existing tract boundary and the location of the lots being subdivided from said tract.

(12)

Boundaries of adjacent properties and recorded name and deed reference. When adjacent properties are part of a recorded plat, only the lot number and subdivision name need be shown, provided that the plat was drawn to the standards of this chapter.

(13)

Contour lines at vertical intervals of no more than two feet for land with average natural slope of 4% or less, and at intervals of no more than five feet for land with average slope exceeding 4%. Contour intervals of one foot are required for utility and drainage plans.

(14)

Location and elevation of the benchmark(s) to which contour elevations refer; sea level datum used shall be based on USGS mean.

(15)

The name (or number), cartway width and right-of-way width and lines of all proposed and existing public streets and the name and location of all other roads within the property.

(16)

A certification of ownership, acknowledgment of the plan and offer of dedication (where applicable) shall be signed by the owner(s) and notarized.

(17)

Location of existing streets and alleys adjoining the tract including name, width, width of cartway, and sidewalks.

(18)

The location (and elevation, if established) of all existing and proposed street/corner monuments.

(a)

A street/corner monument shall be set along a common lot line for every two lots unless otherwise approved by the Township Engineer. If feasible, the monument should be set along the street right-of-way line.

(19)

Location of existing and proposed rights-of-way and easements.

(20)

Lot numbers and a statement of the total number of lots and parcels.

(21)

The location and dimensions of existing and proposed lot lines.

(22)

The building setback lines for each lot, or other sites.

(23)

For developments where on-site sewage disposal systems will be used, the location where the soils evaluation test was conducted for each lot.

(24)

A statement of the intended use of all lots, including reference to zoning districts, with reference to restrictions of any type which exist or will exist as covenants in the deed for the lots contained in the subdivision.

(25)

Location and size of existing and proposed utility structures and/or transmission lines, including water, gas, electric, petroleum, etc., and all easements or rights-of-way connected with such structures and/or lines.

(26)

The location of any existing bodies of water or watercourses, tree masses, buildings or structures (including the location of wells, springs, and on-site sewage facilities for such buildings or structures), public facilities and any other man-made or natural features within or near the proposed subdivision.

(27)

Location, size and invert elevation of all existing and proposed sanitary sewers (including any and all proposed and/or existing capped sewer lines) and location of all manholes.

(28)

Location, size and invert elevation of all existing and proposed storm sewers (and other drainage facilities), with the size and material of each indicated, and any proposed connections with existing facilities.

(29)

Location of drainage structures, including marshes, ponds, streams or similar conditions.

(30)

Parks, playgrounds and other areas to be dedicated or reserved for public use, with any conditions governing such use.

(31)

Where the development lies partially or completely in any flood-prone area, or where the development borders on any flood-prone area, the preliminary plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall identify accurately the boundaries of the flood-prone area.

(32)

All plans for property on which hydric soils exist shall provide a report, prepared by a qualified wetland delineator (subject to approval by the Township), indicating the absence or presence of wetlands on-site. If wetlands are present, an Army Corps of Engineers recognized professional with specific expertise in this type of survey shall perform a field delineation of existing wetland boundaries. In both cases, a note shall be added to all plans that states that Franklin Township, its agents and or employees assume no liability with regards to wetland analyses and delineations.

(33)

Reference to deed book and page number for property being developed.

(34)

No plat which requires access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be approved unless the plat 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,"[3] before driveway access to a state highway is permitted. The plat shall be marked to indicate that access to the state highway shall be only as authorized by a highway occupancy permit.

[3]

Editor's Note: See 36 P.S. § 670-101 et seq.

(35)

All plans shall include the soil types and boundaries located on the subject tract. Boundaries and soil data shall be taken from the County Soil Survey.

(36)

All existing features, structures, formations and the like shall be clearly depicted, labeled and dimensioned (where appropriate).

(37)

A review letter from the Adams County Office of Planning and Development reviewing and commenting on the proposed subdivision and/or land development.

(38)

The following notes shall be placed on all plans.

(a)

"Franklin Township assumes no responsibility with regard to the process of wetlands delineation. The accuracy of each delineation presented to the Township shall be the responsibility of the applicant and his consultant. A final determination of each delineation's accuracy may be made by the Pennsylvania Department of Environmental Protection Agency, the United States Army Corps of Engineers, or any subsequently empowered governmental regulatory agency."

(b)

"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. Access to the state highway shall be only as authorized by a highway occupancy permit."

(c)

"No construction requiring Township building permits shall begin until approval of the final plan and any other required governmental authorizations are obtained."

(d)

"For plans involving proposed improvements, a preconstruction meeting must be held prior to the start of construction. At a minimum, the applicant, Township representatives/Township Engineer/developers engineer and contractor shall be present."

(e)

"Prior to authorization for construction of improvements which will be offered for dedication to the Township at a later date, a final construction drawing set shall have been approved by the Township Engineer."

(f)

"Prior to receipt of a building permit for any residential structure, a site grading and stormwater management plan may be required to be submitted to the Township for review."

(g)

"Burning and burying of construction debris on site is prohibited."

(h)

"Some of the lands within the Township are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibilities of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibilities of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, "The Right To Farm Act," may bar them from obtaining a legal judgment against such normal agricultural operations."

(i)

"All roads constructed in Franklin Township shall meet all State of Pennsylvania specifications. Franklin Township does not accept dedication of roads. Roads in any development are and will continue to be considered private roads, in which the Township will not maintain roads or associated rights-of-way and any stormwater management facilities located within said roads and rights-of-way."

Supplementary data required. The preliminary plan shall be accompanied by the following supplementary data where applicable and determined by the Township to be necessary.

(1)

A planning module for land development as required by the Pennsylvania Department of Environmental Protection (PADEP). For projects involving proposed public sewer extensions or central sewer facilities, the planning module when deemed to be necessary must be submitted to the Township for review. Preliminary plan will not be unconditionally approved until the planning module has been approved by the Pennsylvania Department of Environmental Protection.

(2)

A plan for the control of erosion and sedimentation for review by the County Conservation District Office as required by the Pennsylvania Clean Streams Act.[4] The plan shall also indicate if any borrow/spoil areas are proposed in which case the plan shall include erosion and sediment control provisions for each such borrow area.

[4]

Editor's Note: See 35 P.S. § 691.1 et seq.

(3)

Final designs of any bridges or culverts which may be required. Such designs shall meet all applicable requirements of the Pennsylvania Department of Environmental Protection and the Pennsylvania Department of Transportation. Where facilities will be offered for dedication, the Township shall also review and approve the design, utilizing the standards of the above listed agencies.

(4)

Typical street cross-section drawings for all proposed streets.

(5)

Final profiles along the center line of the cartway (pavement) or along the top of the curb for both sides of each proposed street shown on the preliminary plan. Such profiles shall show natural and finished grades and utilities which are existing or proposed to be located beneath the roadway surface.

(6)

The applicant shall submit a water supply feasibility report in accordance with the requirements of this chapter concerning the availability of, impact to and adequacy of water supply facilities in or near the proposed subdivision and/or land development, unless this requirement is otherwise waived by the Township at the request of the applicant.

(7)

Stormwater management plan and calculations including design of storm sewers in accordance with the Franklin Township Stormwater Management Ordinance, as amended.

(8)

Where the preliminary plan covers only a part of the entire landholdings, a sketch of the future street system of the unsubmitted part.

(9)

Where the land included in the subject application has an electric transmission line, a gas pipeline, or a petroleum (or petroleum products) transmission line located within the tract, the application shall be accompanied by a letter from the owner or lessee of such right-of-way stating any conditions on the use of the land and the minimum building setback and/or right-of-way lines. This requirement may also be satisfied by submitting a copy of the recorded agreement.

(10)

Where determined to be necessary by the Township, the developer shall submit a traffic impact study in accordance with Township standards.

(11)

Preliminary design of sanitary sewer and water systems, including plan and profiles. Where applicable, design of sanitary sewer and water systems shall be submitted to the appropriate municipal authority for review and approval. Where deemed necessary, approval will not be granted until a letter from the applicable municipal authority or signature on the plan by the authority is received.

(12)

A land grading plan in accordance with the requirements of this chapter.

(13)

A listing of underground utilities and contact information as per Pa. Act 287, 172 and 38, as may be amended (Pennsylvania One Call System).

(14)

Location and general layout of any proposed recreational facilities.

(15)

An offer of dedication shall be shown on the plan identifying which improvements are intended to be dedicated to the Township or applicable municipal authority.

(16)

Whenever a land development plan proposes to dispose stormwater runoff to an adjacent property not within a natural watercourse or in a manner which exceeds the capability of a natural watercourse, a letter shall be obtained from the affected property owners stating their approval of the proposal after they have reviewed the required stormwater management plan. If deemed necessary, a formal easement and agreement may be required from the affected property owners.

(17)

Preliminary landscaping plan in accordance with the requirements of this chapter.

(18)

Where access will be to a Township road, the plan shall identify the location of a proposed access drive(s), and sight distance(s) which are adequate to demonstrate that the site can be served with an access.

(19)

Traffic control devices, as may be required. This shall include necessary engineering studies to justify such devices. All traffic impact studies shall be prepared in accordance with § 146-412.

[1]

Editor's Note: See 63 P.S. § 148 et seq.

[2]

Editor's Note: See 63 P.S. § 901 et seq.

§ 146-304 Final plan procedures.

Submission of a final plan for approval by the Township shall occur not more than five years following the date of approval of the preliminary plan. Failure to submit the final plan within this period of time shall make the approval of the preliminary plan null and void. Except for any modifications or changes required by the Township, the final plan shall conform basically to the approved preliminary plan. Where significant modifications or changes, other than those required by the Township, are made to an approved preliminary plan, the plan shall be submitted again as a preliminary plan.

Submission of the final plan.

(1)

In conjunction with the submittal of the plan, an application must be completed and signed by the developer. This must include supplementary data, application fees and a deposit of required fees for engineering and legal review, as required by the chapter. Final plans and all required accompanying documentation shall be submitted to the Township a minimum of 15 business days in advance of the regularly scheduled Planning Commission meeting in which the applicant wishes to review the plan.

(2)

(a)

Completed application form (provided by Township) signed by landowner or landowner's agent.

(b)

Six blue-line or black-line paper prints of the final plan showing all the information required in § 146-305 of this chapter.

(c)

Three copies of all other required documentation including but not limited to stormwater management report, erosion control plan and calculations and wetlands delineation report; however, four copies of the sewage facilities planning module is required.

(d)

A filing/application fee as established in Article VI of this chapter.

Action on final plan by the Planning Commission. Action on the final plan shall be taken in the same manner as for preliminary plans. In addition, if a final plan is approved, the Planning Commission Chairman and Secretary shall sign the record plan and all prints and forward all but one print to the Board of Supervisors along with a copy of its written decision as it appears in the meeting minutes.

Action on the final plan by the Board of Supervisors.

(1)

Following receipt of the written decision in the form of meeting minutes from the Planning Commission, the Board of Supervisors shall consider the plan at its next regularly scheduled or special meeting, the developer shall be notified, and in addition, the Board of Supervisors may also schedule a public hearing pursuant to public notice before taking any action on the plan.

(2)

Action on a final plan shall be taken by the Board of Supervisors not later than 90 days following the date of the regular meeting of the Township Planning Commission, next following the date that a complete application is 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 a complete application, or the final order of the court, the said ninety-day period shall be measured from the 30th day following the day the complete application has been filed. In its review, the Board of Supervisors shall consider the reports and recommendations of the Township Planning Commission and the various other individuals or agencies to whom the plan was sent for review and comment. As a result of its review, the Board of Supervisors may require or recommend such changes and modifications as they shall deem necessary or advisable in the public interest.

(3)

The decision of the Board of Supervisors concerning the plan shall be in writing and shall be communicated to the developer not later than 15 days following the meeting at which the decision is made. If a plan is not approved, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

(4)

Failure of the Board of Supervisors to render a decision and communicate it to the developer within the time and in the manner required by this chapter shall be deemed an approval of the plan in terms as presented unless the developer has agreed to an extension of time.

(5)

Before any final plan is signed, the developer shall either install all the required improvements in accordance with the plans or shall provide for deposit with the Township a corporate bond or other security acceptable to the Township in the amount of 110% of the cost of such improvements as estimated by the Township Engineer in accordance with the procedure outlined in the MPC. Such bond or security shall provide for the completion of all required improvements within a stated period which shall not be longer than two years from the date of approval of the final plan or as otherwise stipulated in the land development agreement.

(a)

The applicant shall not be required to provide financial security for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law."[1]

[1]

Editor's Note: See 36 P.S. § 670-101 et seq.

(6)

When a final plan has been approved or approved subject to certain conditions acceptable to the developer, no subsequent change or amendment in this or any other applicable ordinances shall be applied to affect adversely the right of the developer to commence and to complete any aspect of the approved development within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the plan for such approval was duly submitted to the Township.

(7)

In lieu of disapproving a plan, the Board of Supervisors may approve the final plan subject to conditions acceptable to the applicant. Where a plan is conditionally approved, the written decision shall state the conditions of approval along with a ninety-day time limit for satisfaction of conditions. When a conditional approval is granted and a written decision is provided to the applicant, the applicant shall have seven business days from the date of notice of the decision to notify the Township that the conditions are not acceptable, or they shall be deemed accepted by the applicant.

[Amended 5-3-2018 by Ord. No. 2018-02]

(a)

In the event that the applicant notifies the Township that the conditions are unacceptable, the approval of the plan will automatically be rescinded and the plan is considered to be disapproved.

(8)

(9)

Notice to school district. Each month a municipality shall notify, in writing, the superintendent of a school district in which a plan for a residential development was finally approved by the municipality during the preceding month. The notice shall include, but not limited to, the location of the development, the number and types of units to be included in the development and the expected construction schedule of the development.

Recording of plan.

(1)

Upon approval of a final plan by the Township, the developer shall record the approved final plan (and other documentation required under plan approval) in the Adams County Recorder's office within 90 days of such final approval, or the date the approval of the Township is noted on the plan, whichever is later. No plan shall be recorded unless it officially notes the approval of the Township and review by the Adams County Planning and Development or other County designated agency.

(2)

If the plan is not recorded by the developer within 90 days of the approval by the Township, it shall be null and void unless an extension of time is granted by the Board of Supervisors upon request from the developer. Furthermore, the developer shall submit additionally one reproducible Mylar copy and three blueprint or paper copies of the approved and signed final plan to the Township for its records.

(3)

After the plan has been recorded, a copy of the record plan and Recorder's certificate shall be submitted to the Board of Supervisors. This shall be required prior to issuance of any applicable licenses or building permits.

(4)

No land in a development shall be sold or transferred, and no land development shall occur prior to recording of the final plan.

(5)

Upon approval and where required, one electronic/digital copy of the final and construction plan shall be provided in a format acceptable to the Township.

Limitations of final plan approval. The approval of the final plan by the Township shall be deemed as an acceptance of the plan and shall authorize the Recorder of Deeds to record the plan but shall not impose any duty upon the Township concerning maintenance of improvements or other portions of the same until said Township shall have accepted the same by the dedication for public use. The Township is under no obligation to accept a dedication of improvements, and it may choose to never accept such a dedication. If not accepted, the duty to maintain the dedicated improvements shall be borne by the developer and his heirs and assigns.

§ 146-305 Final plan requirements.

The final plan submission shall be prepared by a registered surveyor or engineer and shall be drawn on reproducible stable transparency, using black ink for all data, including approval signatures.

Information required. In addition to the information required in § 146-304, the final plan shall show:

(1)

Scale shall be no less than one inch equals 50 feet unless otherwise approved by the Township Engineer.

(2)

Name of proposed subdivision, and of the municipality in which it is located.

(3)

Name, address, and telephone number of the subdivider.

(4)

Name, address, and telephone number, license number, and seal and signature of the professional engineer or registered surveyor who prepared the drawings.

(5)

Date of the origin and of each subsequent revised submission.

(6)

True or magnetic North point.

(7)

Graphic scale.

(8)

Written scale.

(9)

Certification by professional engineer or surveyor that depicted topography is field surveyed for all instances where grading activities and/or public improvements are proposed. Subdivision plans that do not propose public improvements may utilize USGS quadrangle mapping or county GIS/aerial topography as provided by the Adams County mapping office.

(10)

A key map, for the purpose of locating the property being subdivided drawn at a scale of one inch equals 2,000 feet and showing the relation of the property to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision plans existing within 1,000 feet of any part of the property. In addition, a title, scale, and North point shall be indicated.

(11)

The total tract boundary lines of the area being subdivided showing distances to one hundredth of a foot and bearings to one second. These boundaries shall be determined by accurate survey in the field, which shall close with an error of closure not to exceed one foot in 10,000 feet before adjustment; provided, however, that the boundary(ies) adjoining additional unplatted 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. The location and elevation of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plan, and the placement of the monuments.

(12)

A plot drawn to a legible scale showing the entire existing tract boundary and the location of the lots being subdivided from the said tract.

(13)

Boundaries of adjacent properties and recorded name and deed reference. When adjacent properties are part of a recorded plan, only the lot number and subdivision name need be shown, provided that the plat was drawn to the standards of this chapter.

(14)

(15)

Location and elevation of the benchmark(s) to which contour elevations refer. Datum used shall be based on USGS mean sea level.

(16)

The name (or number), cartway width, right-of-way width, and lines of all proposed and existing public streets and the name and location of all other roads within the property.

(17)

The following data for the cartway edges (curblines) and right-of-way lines of all recorded (except those which are to be vacated) and/or proposed streets, and for the right-of-way lines of all existing streets, within the property:

(a)

The length (in feet and hundredths of a foot) of all straight lines and of the radius and the arc (or chord) of all curved lines (including curved lot lines).

(b)

The width (in feet) of the cartway, right-of-way and, if required, of the ultimate right-of-way, and (in degrees, minutes, and quarters of a minute) of the delta angle of all curved lines, including curved lot lines.

(c)

All straight lot lines, defined (in feet and hundredths of a foot) by distances and (in degrees, minutes, and seconds) either by magnetic bearings or by angles of deflection from other lot and street lines.

(18)

If a subdivision proposes a new street intersection with a state legislative route, the highway occupancy permit number(s) shall be indicated for all such intersections (if available). If a permit has not yet been obtained, the plan must contain a note that requires a highway occupancy permit be obtained in accordance with the State Highway Law.[1]

[1]

Editor's Note: See 36 P.S. § 670-101 et seq.

(19)

Location of existing streets and alleys adjoining the tract, including name, width of cartway, and sidewalks.

(20)

The location (and elevation, if established) of all existing and proposed street/corner monuments.

(a)

(21)

Location of existing and proposed rights-of-way and easements.

(22)

Lot numbers and a statement of the total number of lots and parcels.

(23)

The building setback lines for each lot or other sites.

(24)

For developments where on-site sewage disposal systems will be used, the location where the soils evaluation testing was conducted for each lot.

(25)

A statement of the intended use of all 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 recorded, including the book and page number.

(26)

Location and size of existing and proposed utility structures and/or transmission lines including water, gas, electric, petroleum, etc., and all easements or rights-of-way connected with such structures and/or lines.

(27)

The location of any existing bodies of water or watercourses, tree masses, buildings or structures (including the location of wells and on-site sewage facilities for such buildings or structures), public facilities and any other man-made or natural features within or near the proposed subdivision.

(28)

A certification of ownership, acknowledgment of a plan and offer of dedication shall be signed by the owner(s) and notarized.

(29)

An approval block for the use of the Township Supervisors and the Township and County Planning Commissions.

(30)

Traffic control devices, as may be required. This shall include necessary engineering studies to justify such devices.

(31)

All plans for property on which hydric soils exist shall provide a report, prepared by a qualified wetland delineator (subject to approval by the Township), indicating the absence or presence of wetlands on site. If wetlands are present, an Army Corps of Engineers recognized professional with specific expertise in this type of survey shall perform a field delineation of existing wetland boundaries. In both cases, a note shall be added to all plans that states that Franklin Township, its agents and/or employees assume no liability with regards to wetland analyses and delineations.

(32)

A review letter from the Adams County Office of Planning and Development reviewing and commenting on the proposed subdivision and/or land development.

(33)

The following notes shall be placed on all plans:

(a)

(b)

"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. Access to the state highway shall be only as authorized by a highway occupancy permit."

(c)

"No construction requiring Township building permits shall begin until approval of the final plan and any other required governmental authorizations are obtained."

(d)

"For plans involving proposed improvements, a preconstruction meeting must be held prior to the start of construction. At a minimum, the applicant, Township representatives/Township Engineer/Developers Engineer and contractor shall be present."

(e)

(f)

"Prior to receipt of a building permit for any residential structure, a site grading and stormwater management plan may be required to be submitted to the Township for review."

(g)

"Burning and burying of construction debris on site is prohibited."

(h)

"Some of the lands within the Township are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibilities of injury to property and health arising from normal and accepted agricultural practices and operations including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibilities of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, "The Right To Farm Act," may bar them from obtaining a legal judgment against such normal agricultural operations."

(i)

"All roads constructed in Franklin Township shall meet all state of Pennsylvania specifications. Franklin Township does not accept dedication of roads. Roads in any development are and will continue to be considered private roads, in which the Township will not maintain roads or associated rights-of-way and any stormwater management facilities located within said roads and rights-of-way."

Supplementary data required. Unless previously submitted, the final plan shall be accompanied by the following supplementary data where applicable:

(1)

Typical street cross-section drawing(s) for all proposed streets. Cross-section drawing(s) may be shown either on the final plan or on the profile sheets.

(2)

Profile sheets for all proposed streets within the development per requirements for preliminary plan.

(3)

An agreement that the applicant will install all underground utilities before paving streets or constructing sidewalks. This shall be so noted on the plan.

(4)

Copies of permits for sewer, water, stormwater, transportation and erosion control facilities.

(5)

Where the final plan covers only a part of the entire landholdings, a sketch of the future street system of the unsubmitted part shall be furnished. The street system of the submitted part will be considered in the light of adjustments and connections with future streets in the part not submitted.

(6)

Water and sewer feasibility reports as may be required including any updated information which may have become available since the submission of the preliminary plan.

(7)

A copy of the approved erosion and sedimentation control plan.

(8)

A copy of the approved stormwater management plan.

(9)

Where deemed necessary by the Township, a map showing the location of the proposed development with respect to the Township's flood-prone area, including information on the regulatory flood elevation, the boundaries of the flood-prone areas, proposed lots and sites, fills, flood or erosion protection facilities, and areas subject to special restrictions. In addition, where the proposed development lies partially or completely in any flood-prone area, or border on any flood-prone area, such map shall also show the location and elevation of proposed roads, public utilities, and building sites.

(10)

A copy of the approved sewage planning module for land development as approved by the Pennsylvania Department of Environmental Protection.

(11)

Such private deed restrictions, including building setback 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 of the land being subdivided.

(12)

Any other certificates, affidavits, endorsements or dedications, etc., that may be required by the Planning Commission or Board of Supervisors.

(13)

An affidavit to the effect that all affected municipalities have been notified of any alteration and/or relocation of any watercourse.

(14)

A note shall be placed on the drawing indicating that a copy of the approval from the Pennsylvania Department of Labor and Industry, where applicable, shall be provided before a building permit is issued.

(15)

The applicant shall, if requested by the Township, submit a water supply feasibility report in accordance with the requirements of this chapter concerning the availability, impact and adequacy of water supply facilities in or near the proposed subdivision and/or land development.

(16)

Whenever it is determined that a subdivision or land development increases the volume, rate, or concentration of stormwater runoff onto an adjacent property not in a natural watercourse or in a manner which exceeds the capacity of the natural watercourse, the developer shall obtain a letter from the adjacent landowner stating his or her approval of the proposal and that they have reviewed the plans and any required stormwater management plan.

(17)

Soil boundaries from Adams County Soil Survey.

(18)

Where required by the Township, land development agreement(s) shall be executed. A land development agreement is required where there will be dedication of improvements to the Township or under the circumstances where deemed to be necessary for the implementation of plan approval. Details and provisions of such agreement shall be as recommended by the Township's Solicitor and Engineer.

§ 146-306 Resubdivision procedure.

Any replatting or resubdivision, including changes to a recorded plan, shall be considered as a new application, and shall comply with all requirements of this chapter.

§ 146-307 Additions to existing lots.

A parcel of land may be added to an existing recorded lot for the sole purpose of increasing the lot size, provided that:

The parcel to be added must be contiguous to the existing lot.

The plan prepared for the addition of this parcel shall follow the procedures outlined in this chapter.

The applicant shall record in the Recorder of Deeds Office of Adams County a memorandum that both parcels shall be considered as one single tract for the purposes of subdivision.

An acknowledgement/concurrence block shall be provided for the recipient of the additional lot area to provide a notarized signature.

A note shall be placed on the plan that states:

"The lot addition(s) may not be retained or sold separately except to an adjoining lot owner and must become an integral part of the deed to which they are attached."

§ 146-308 Commencement and completion of construction and improvements.

No construction shall be commenced until the following applicable items have been addressed to the satisfaction of the Township:

(1)

Plan approval; security agreement; developers or land development agreements; along with any other Township permits.

(2)

In the case of public improvements, the construction plan shall be signed by the Township Engineer indicating the final plan set is to be used for construction of public improvements.

No construction shall be commenced until the applicant files with the Township all permits, approvals, clearances and the like from government agencies (such as those from the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Transportation, and/or the Township) authorities and companies which may provide water supply or sewage disposal facilities pipeline easement holders or others.

In the case where development is projected over a number of years, each section except for the last section, shall contain a minimum of 25% of the total number of lots, dwelling units or buildings as depicted in the final plan, unless a lesser percentage is approved by the Board of Supervisors.

A copy of the approved plan shall be available at the construction site at all times.

The applicant shall commence construction of improvements within one year from the approval date of the final plan, unless approved otherwise by the Board of Supervisors.

§ 146-309 As-built plan.

After final plan approval and upon completion of all required improvements, the applicant shall submit an as-built plan prepared, signed and sealed by a registered professional engineer or surveyor. The as-built plan shall be provided on a reproducible media and drawn to the same scale as the approved final plan and shall be reviewed and approved by the Township Engineer. In addition, one electronic/digital copy of the as-built plan shall be provided in a format and on a media by which the Township can utilize the digital file for the purpose of future roadwork, utility improvements, exhibits, etc.

Said plan shall indicate the actual location, dimensions and/or elevations of all completed improvements, including but not limited to:

(1)

Monuments and markers.

(2)

The location of the cartway and curb, for both sides of each street.

(3)

Sanitary sewer main, manholes, rim and invert elevations and laterals.

(4)

Storm sewers, inlets, rim and invert elevations and culverts.

(5)

Water mains, service lines, valves, and fire hydrants.

(6)

Streetlights.

(7)

Landscaping and screen planting.

(8)

Berms.

(9)

Permanent sedimentation, erosion control and stormwater management structures with as-built storage volume and outlet structure elevations and as-built elevations for all detention/retention basins or other storage structures.

(10)

All easements and rights-of-way.

(11)

All buried utilities, gas, electric, cable, water, sewer, etc.

The as-built plan shall be submitted in complete and accurate form prior to the final release of security funds being withheld, as provided in § 146-517.

Completion of as built drawings in accordance with this chapter shall not relieve the applicant from its responsibility as may be required by the applicable municipal authority.