[Amended 11-15-2001 by Ord. No. 2001-5; 8-21-2003 by Ord. No. 2003-5; 11-7-2013 by Ord. No.
2013-04]
A preliminary plan shall be submitted and subject to approval by the Board of Supervisors for any subdivision or land development, except that preliminary plan submission shall not be required for minor subdivision plans and minor land development plans as defined in §
86-7.
A. Submission of the preliminary plan.
(1) A preliminary plan, initial or revised, and all required
accompanying documentation shall be submitted by an applicant to the
Township Secretary, or such other official as may be designated by
the Board of Supervisors, by the deadline in advance of a regularly
scheduled Planning Commission meeting as may be established by the
Board of Supervisors.
[Amended 6-19-2014 by Ord. No. 2014-02; 11-4-2021 by Ord. No. 2021-02]
(2) Submission shall consist of the following:
(a)
Five copies of the appropriate application form
available from the Township.
(b)
Ten blue-line or black-line paper prints of the preliminary plan showing all the information required in §
86-11.
(c)
Five copies of all other required documentation.
(d)
A filing fee based upon a schedule established by resolution.
[Amended 2-7-2013 by Ord. No. 2013-01]
B. Distribution of preliminary plan for review and comment.
Copies of the preliminary plan and accompanying documentation shall
be immediately distributed by the Township Secretary as follows:
(1) One copy of the application, plan and accompanying
documentation to the Township Engineer.
(2) One copy of the application, plan and accompanying
documentation to the Township Sewage Enforcement Officer.
(3) One copy of the application, plan and accompanying
documentation to the Adams County Office of Planning and Development.
(4) One copy of the Soil Erosion and Sediment Control
Plan to the County Conservation District office.
(5) One copy of the plan to the District Office of the
Pennsylvania Department of Transportation when a proposed subdivision
abuts or is traversed by a state road.
(6) The remaining copies of the application, plan and
accompanying documentation to the Township Planning Commission.
C. Action on preliminary plan by the Planning Commission.
(1) Action on a preliminary plan shall be taken by the
Township Planning Commission not later than 60 days following receipt
of a complete submission by the Township. However, no final decision
or action shall be taken by the Township Planning Commission until
the reports are received from the Adams County Office of Planning
and Development and other individuals and agencies to whom the plan
was sent for review and comment, or until the expiration of 30 days
from the date the plans were forwarded to such individuals and agencies.
(2) All actions on the plan by the Township Planning Commission
shall be taken at a public meeting whether it be a regularly scheduled
or special meeting. If the plan is to be considered at a special meeting,
the developer shall be so notified.
(3) The decision of the Township Planning Commission concerning
the plan shall be in writing. If a plan is not approved, or approved
subject to certain conditions, 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.
Copies of the decision shall be sent to the Board of Supervisors and
the Township Engineer.
[Amended 9-3-2020 by Ord. No. 2020-06]
D. 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 their 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 and communicated to the developer not later than
90 days following the date of the regular meeting of the Planning
Commission next following the date the application is filed. Should
the next regular meeting occur more than 30 days following the filing
of the application, said 90 day period shall be measured from the
thirtieth (30th) day following the day the application was filed.
In their review, the Board of Supervisors shall consider the reports
and recommendations of the Township Planning Commission and the various
other individuals and agencies to whom the plan was sent for review
and comment. As a result of their 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, or approved subject to certain
conditions, 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. Copies of the decision
shall be sent the the Township Planning Commission.
(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) 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.
(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 chapter 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 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.
E. As part of a preliminary plan submission for a subdivision
or land development that involves over three acres of land for a nonresidential
project or six or more dwelling units for a residential project, the
applicant shall prove to the Planning Commission that the following
process was followed in designing the proposed development:
[Amended 11-2-2017 by Ord. No. 2017-04]
(1) Applicants are encouraged to submit a sketch plan.
(2) This process is intended to show everyone how the special features of the property relate to resource areas on adjacent lands, and how the development will properly relate to the features of the land that are most worthy of conservation. The maps required by this Subsection
E may be completed at a sketch plan level of detail, provided that more detailed mapping required by other sections of Township ordinances is also submitted as required. This process is intended to provide guidance in cases where this chapter allows flexibility in the placement of buildings and lot lines.
(a)
Existing resources and site analysis map. This map shall be prepared and submitted to accurately show the locations of wetlands, the one-hundred-year floodplains, slopes of 15% to 25%, and slopes over 25%. (If this plan is submitted as part of a preliminary or preliminary/final plan, see contour intervals in §
86-11.) These areas are known as "primary conservation areas." Detailed existing features mapping is not required in areas of a tract that are not proposed to be subdivided or developed as part of an application. This map shall accurately show the following:
[1]
The wetlands shall be based upon a professional
analysis, with identification of the individual who completed such
analysis.
[2]
The delineation of the one-hundred-year floodplain
based upon official floodplain mapping or a more accurate professional
analysis acceptable to the Township Engineer.
(b)
Other important existing resources on the site
shall be added to the map, including woodlands, tree lines, specimen
trees over 18 inches in trunk diameter measured 3.5 feet above the
ground level, scenic views from inside the site, ridgelines, and scenic
views from existing streets and trails. These resources are known
as "secondary conservation areas." The Planning Commission may require
the identification of scenic views beyond those identified by the
applicant. This map or an accompanying map shall also show:
[1]
Uses of properties that are contiguous or across
a street.
[2]
Approximate locations of natural features and
principal buildings on those properties that are within 150 feet of
the perimeter lot lines.
[3]
Approximate location of areas with a seasonally
high water table, based upon the County Soil Survey or a more accurate
professional analysis.
[4]
Locations and descriptions of existing buildings,
with a description of any historic or architectural significance of
each, if any.
[5]
Adjacent private or public open spaces, parklands
and pedestrian or bicycle trails.
(c)
Designation of open space. The next step is
the designation of areas that will be maintained in public, semipublic
or privately owned open space, considering the analysis above.
(d)
Potential development areas concept map. Based
upon consideration of the existing features map and the primary and
secondary conservation areas (as described above), the potential development
areas shall be mapped. These potential development areas are areas
that are best suited for the majority of the development on the tract.
(e)
Location of home sites. In respect of the primary
and secondary conservation areas described above, the approximate
proposed locations of new homes/principal buildings shall then be
selected. It is recognized that on-lot septic system suitability needs
to influence these choices when septic systems are used. It is also
recognized that some intrusions into the secondary conservation areas
may be necessary to allow reasonable uses of the land, provided that
such development is carefully located and designed to minimize impacts
upon valuable resources and features. These home sites can also be
selected to maximize views, including views into the conservation
areas.
[1]
The mapping of existing features required by
this section is required to be accurate and to scale. The locations
of proposed home sites, lot lines, roads and trails may be at a sketch
plan level of detail if submitted at the sketch plan stage.
[2]
The applicant shall provide a written and graphic
analysis of how the proposed development will respect and incorporate
the important resources of the site and be coordinated with resources,
open space/trail corridors and views on surrounding properties. This
may involve an overlay map that shows important natural features and
proposed development. The coordination with surrounding properties
shall be shown on a map.
(f)
Layout of streets and trails. An efficient street
layout shall then be designed to serve the appropriate building sites.
Trails should also be considered to link together common open spaces,
clusters of homes and other destinations (such as nearby stores, parks
and schools). Building sites should be clustered together to minimize
extensive wetland and creek crossings by roads.
[Amended 9-3-2020 by Ord. No. 2020-06]
(g)
Drawing the lot lines. Lot lines should then
be drawn on the site to encompass the proposed building sites to result
in a development concept plan. Once this sketch is prepared, then
more detailed engineering may be completed.
The preliminary plan submission shall be prepared
by a registered surveyor or engineer and be drawn on reproducible
stable transparency, using black ink to all data, including approval
signatures.
A. Scale:
(1) Tracts of one acre or less shall be drawn at a scale
of no less than one inch equals 50 feet.
(2) Tracts of one to ten acres shall be drawn at a scale
of no less than one inch equals 100 feet.
(3) Tracts in excess of 10 acres shall be drawn at a scale
of no less than one inch equals 200 feet.
(4) Tracts to be used for commercial, industrial or high
density housing development shall be drawn at a scale of no less than
one inch equals 50 feet.
B. Information required. The preliminary plan shall show:
(1) The name of the proposed subdivision, and of the municipality
in which it is located.
(2) The name and address of the subdivider.
(3) The name, address, license number and seal of the
professional engineer or registered surveyor who prepared the drawings.
(4) The date of original submission and of each subsequent
revised submission.
(5) True or magnetic north point.
(8) Certification by the professional engineer or surveyor
that the plan is accurate and correct, and has been prepared in accordance
with the Professional Engineers' and Professional Land Surveyor's
Registration Law.
(9) A site context/location map. This map shall show the
boundaries of the tract being subdivided and shall be at a scale no
smaller than one inch equals 400 feet. For a major subdivision, this
map shall show the approximate locations of the following features
within the tract and within 2,000 feet from the borders of the tract:
creeks, existing and proposed roads, ridgelines, publicly owned lands,
preserved agricultural lands or other open space, woodlands, trails,
and electric transmission or underground pipeline rights-of-way. This
map should also show approximate topography from a U.S.G.S. map.
[Amended 8-21-2003 by Ord. No. 2003-5]
(10)
The total tract boundary lines of the area being
subdivided with distances accurate to 1/100 of a foot and bearings
to 1/4 of a minute. 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(s) 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 surveyor shall certify
to the accuracy of the survey, the drawn plan and 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 references. When adjacent properties are part of a recorded
plat, only the lot number and subdivision name need be shown.
(13)
Contour lines at vertical intervals of at least
two feet for land with average natural slope of 15% or less, and at
intervals of at least five feet for land with average slope exceeding
15%.
[Amended 8-21-2003 by Ord. No. 2003-5]
(14)
Location and elevation of the datum to which
contour elevations refer. Where practicable, datum used shall be an
established bench mark. Datum shall be referenced to a U.S.G.S. bench
mark when public sewer or public water is proposed and/or the development
is in excess of 10 lots.
(15)
The name (or number) and cartway width and lines
of all proposed and existing public streets and the name and location
of all other roads within the property.
(16)
If the subdivision proposes a new street intersection
with a State Legislative Route, the intersection occupancy permit
number(s) indicated for all such intersections.
(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 monuments.
(19)
Location of existing and proposed rights-of-way
and easements.
(20)
Lot numbers and statement of the total number
of lots and parcels.
(21)
Lot lines with approximate dimensions.
(22)
The building setback lines for each lot, or
other site.
(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 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 recorded, including the book and page number.
(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)
An existing resources and site analysis map,
which shall show the following:
[Amended 8-21-2003 by Ord. No. 2003-5]
(a)
Existing contour lines as required by Subsection
B(13).
(b)
Identification of any slopes of 15% to 25% and
greater than 25%.
(c)
Watercourses (with any name), natural springs,
existing natural drainage channels, ponds, lakes.
(d)
Accurate locations of wetlands.
[1]
An applicant is not required to have completed
all federal and state wetland permit applications prior to preliminary
plan approval.
[2]
Detailed delineations by a qualified professional
of wetlands are required with the preliminary plan submission, unless
the plan states that no alteration, buildings, earthmoving, driveways
or septic systems will occur within 200 feet of any areas that could
be reasonably suspected of being wetlands. In such case, only the
approximate areas of such wetlands need to be shown.
(e)
Rock outcrops, stone fields and sinkholes.
(f)
Location of any areas within the one-hundred-year
floodplain (with differentiation between floodway and floodfringe
if available from official federal floodplain maps).
(g)
Approximate locations and abbreviated names
of soil types, according to the County Soil Survey (or more detailed
professional study) with identification of those that are alluvial,
hydric, have a depth to bedrock of less than three feet or a seasonally
high water table of less than three feet. If such soils do not exist,
that shall be stated on the plan.
(h)
Ridgelines and watershed boundaries.
(i)
Areas of existing woodlands and tree lines,
with a description of the typical species and typical trunk diameter
of trees.
(j)
Notations on the plan showing any prominent
scenic views onto the tract or from the tract.
(k)
Locations and descriptions of any existing buildings
on the tract that are estimated to be over 60 years old.
(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, inlets
and culverts. This data may be submitted as a separate plan.
(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)
Location of 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)
Upon request by the Township, the applicant
shall have stakes installed showing the approximate location of corners
of proposed lot and proposed driveways prior to any site visit by
Township officials.
[Amended 8-21-2003 by Ord. No. 2003-5]
(33)
The applicant shall provide evidence that any
new streets or driveways will meet minimum sight distance requirements.
Clear sight triangles meeting Township requirements shall be shown
on the plans.
[Added 8-21-2003 by Ord. No. 2003-5]
(34)
Location of refuse collection areas for apartments
and nonresidential uses.
[Added 8-21-2003 by Ord. No. 2003-5]
(35)
Design speeds of all proposed roads.
[Added 8-21-2003 by Ord. No. 2003-5]
(36)
Station numbers shown on plan corresponding
to street profiles.
[Added 8-21-2003 by Ord. No. 2003-5]
(37)
A typical treatment of the construction of driveways
and the handling of storm drainage where a driveway intersects a street.
The Township may require a driveway culvert. The size and materials
of pipes under driveways shall be noted.
[Added 8-21-2003 by Ord. No. 2003-5]
(38)
Proposed location and type of traffic control
devices.
[Added 8-21-2003 by Ord. No. 2003-5]
(39)
If the applicant will retain a single lot with
an area greater than 10 acres and that lot will not be further improved,
that lot may be identified by deed plotting. If a retained lot has
a lot area of 10 acres or less, it shall be described to the accuracy
requirements of this chapter.
[Added 8-21-2003 by Ord. No. 2003-5]
C. Supplementary data required. The preliminary plan
shall be accompanied by the following supplementary data where applicable:
(1) A plan revision module for land development as required
by the Pennsylvania Department of Environmental Protection.
(2) A soil erosion and sedimentation control plan shall
be prepared and submitted to the County Conservation District for
review if such plan is required under state regulations. In addition,
the Township may require preparation and submittal of a soil and erosion
plan to the Township whenever there is more than 5,000 square feet
of earth disturbance. In addition, the Township may require the preparation
of a typical soil and erosion detail for each lot that shall state
the types of controls that shall be used when each lot is built upon.
[Amended 8-21-2003 by Ord. No. 2003-5; 6-19-2014 by Ord. No. 2014-02]
(3) Preliminary 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.
(4) Typical street cross-section drawings for all proposed
streets.
(5) Tentative 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.
(6) If requested by the Township, a feasibility report
concerning the availability and adequacy of sewer and water facilities
in or near a proposed land development. Said report shall be prepared
by a registered Professional Engineer and be submitted in conjunction
with the preliminary plan.
(7) A stormwater management site plan in accordance with Chapter
81, Stormwater Management, of the Code of the Township of Mount Joy.
[Amended 8-16-2012 by Ord. No. 2012-04]
(8) Where the preliminary plan covers only a part of the
entire landholdings, a sketch of the future street system of the unsubmitted
part. The street system of the unsubmitted part will be considered
in light of adjustments and connections with future streets in the
part not submitted.
(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, accompanied
by a letter from the owner or leasee 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.
D. Construction of improvements and submission requirements. This §
86-11D shall apply where both a preliminary plan and a final plan are required. If the applicant does not provide a written agreement acceptable to the Township that required improvements for the subdivision or land development will not be constructed until after the granting of final plan approval, then the preliminary plan submittal shall be required to also include all of the information that would be required in a final plan submittal. This written agreement shall be in a legal form acceptable to the Township and shall be binding upon all of the applicant's successors and assigns who may utilize the preliminary plan approval.
[Added 8-21-2003 by Ord. No. 2003-5]
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 unless an extension of time has been granted by
the Township. 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.
A. Submission of the final plan.
(1) A final plan, initial or revised, and all required
accompanying documentation shall be submitted by an applicant to the
Township Secretary, or such other official as may be designated by
the Board of Supervisors, by the deadline in advance of a regularly
scheduled Planning Commission meeting as may be established by the
Board of Supervisors.
[Amended 6-19-2014 by Ord. No. 2014-02; 11-4-2021 by Ord. No. 2021-02]
(2) Submission shall consist of the following:
(a)
Five completed copies of the appropriate application
form available from the Township.
(b)
Ten blue-line or black-line paper prints of the final plan showing all the information required in §
86-13.
[Amended 11-15-2001 by Ord. No. 2001-5]
(c)
Five copies of all other required documentation.
(d)
A filing fee based upon a schedule established by resolution.
[Amended 2-7-2013 by Ord. No. 2013-01]
B. Distribution of final plan for review and comment.
Copies of the final plan and accompanying documentation shall be immediately
distributed by the Township Secretary as follows:
(1) One copy of the application, plan and accompanying
documentation to the Township Engineer.
(2) One
copy of the application, plan and accompanying documentation to the
Township Zoning Officer.
[Added 9-3-2020 by Ord. No. 2020-06]
(3) One copy of the application, plan and accompanying
documentation to the Township Sewage Enforcement Officer.
(4) One copy of the application, plan and accompanying
documentation to the Adams County Office of Planning and Development.
(5) One copy of the plan to the County Conservation District
Office.
(6) One copy of the plan to the District Office of the
Pennsylvania Department of Transportation, when a proposed subdivision
abuts or is traversed by a state road.
(7) The remaining copies of the application, plan and
accompanying documentation to the Township Planning Commission.
C. 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 Township 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 their written decision.
D. Action on final 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 plan at their 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 before taking any action on the plan.
(2) Action on a final plan shall be taken by the Board
of Supervisors and communicated to the developer not later than 90
days following the date for the regular meeting of the Township Planning
Commission next following the date the application is filed. Should
the next regular meeting occur more than 30 days following the filing
of the application, said ninety-day period shall be measured from
the 30th day following the day the application was filed. In their
review, the Board of Supervisors shall consider the reports and recommendations
of the Township Planning commission and the various other individuals
and agencies to whom the plan was sent for review and comment. As
a result of their 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, or approved subject to certain
conditions, 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. Copies of the decision
shall be sent to the Township Planning Commission.
(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 approved, the developer shall comply with all provisions of §
86-39 of this chapter regarding completion of improvements or guaranty thereof.
E. Recording of plan.
(1) Upon approval of a final plan by the Township, the
developer shall record the record plan in its entirety in the office
of the Adams County Recorder of Deeds within 90 days. No plan shall
be recorded unless it has been officially approved by the Township.
The applicant shall send or deliver a receipt of the recording to
the Township Subdivision Administrator within seven days after the
plan is submitted to the County for recording. If the final plan approval
included official conditions that must be met prior to recording,
then the plan shall be recorded within 90 days following the compliance
with such conditions, up to a maximum total of one year following
the final plan approval, unless the Board of Supervisors grants a
written extension.
[Added 8-21-2003 by Ord. No. 2003-5; amended 1-19-2012 by Ord. No. 2012-01]
(2) If the plan is not recorded within 90 days, the approval
by the Township shall be null and void unless an extension of time
is granted by the Board of Supervisors upon request from the developer.
(3) After the plan has been recorded, a copy of the Recorder's
Certificate shall be submitted to the Board of Supervisors.
(4) No land in a development shall be sold or transferred
prior to recording of the record plan.
F. Limitations of final plan approval. The approval of
the final plan by the Township shall be deemed an acceptance of the
plan and shall authorize the Recorder of Deeds to record the same,
but shall not impose any duty upon the Township concerning maintenance
or improvements of any streets, highways, alleys or other portions
of the same until said Township shall have accepted same by dedication
for public use.
The final plan submission shall be prepared
by a registered engineer or surveyor and be drawn on reproducible
stable transparency, using black ink for all data, including approval
signatures.
A. Drawings.
(1) Scale:
(a)
Tracts of one acre or less shall be drawn at
a scale of no less than one inch equals 50 feet.
(b)
Tracts of one to 10 acres shall be drawn at
a scale of no less than one inch equals 100 feet.
(c)
Tracts in excess of 10 acres shall be drawn
at a scale of no less than one inch equals 200 feet.
(d)
Tracts to be used for commercial, industrial
or high-density housing developments shall be drawn at a scale of
no less than one inch equals 50 feet.
(2) Finished size of drawings for final plan submission
shall be 18 inches by 24 inches. Drawings done at a scale requiring
a sheet larger than 18 inches by 24 inches may be reduced to that
size provided that all lines and lettering are clear and legible after
reduction.
(3) If the final plan requires more than one sheet, a
key diagram showing the relative location of the several sections
shall be drawn on each sheet.
B. Information required. The final plan shall show all of the information required by §
86-11, Preliminary plan requirements, except to the extent these requirements are superseded by the requirements below. In addition, the final plan shall show the following:
[Amended 8-21-2003 by Ord. No. 2003-5; 1-19-2012 by Ord. No.
2012-01]
(1) The name of proposed subdivision, and of the municipality
in which it is located.
(2) The name and address of the subdivider.
(3) The name, address, license number and seal of the
professional engineer or registered surveyor who prepared the drawings.
(4) The date of original submission and of each subsequent
revised submission.
(5) True or magnetic North point.
(8) A soil erosion and sedimentation control plan shall
be prepared and submitted to the County Conservation District for
review if such plan is required under state regulations. In addition,
the Township may require preparation and submittal of a soil and erosion
plan to the Township whenever there is more than 5,000 square feet
of earth disturbance. In addition, the Township may require the preparation
of a typical soil and erosion detail for each lot that shall state
the types of controls that shall be used when each lot is built upon.
[Amended 6-19-2014 by Ord. No. 2014-02]
(9) A key map, for the purpose of locating the property
being subdivided, drawn at a scale of one inch equals 1,000 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 with distances accurate to 1/100 of a foot and bearings
to 1/4 of a minute. 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(s) 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.
(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.
(13)
Contour lines at vertical intervals of at least
two feet for land with average natural slope of 4% or less, and at
intervals of at least five feet for land with average slope exceeding
4%.
(14)
Location and elevation of the datum to which
contour elevations refer. Where practicable, datum used shall be an
established bench mark. Datum shall be referenced to a U.S.G.S. bench
mark when public sewer or public water is proposed, and/or the development
is in excess of 10 lots.
(15)
The name (or number) and cartway width and lines
of all proposed and existing public streets and the name and location
of all other roads within the property.
(16)
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
quarters of a minute) either by magnetic bearings or by angles of
deflection from other lot and street lines.
(17)
If a subdivision proposes a new street intersection
with a State Legislative Route, the intersection occupancy permit
number(s) shall be indicated for all such intersection.
(18)
Location of existing streets and alleys adjoining
the tract, including the name, width, width of cartway, and sidewalks.
(19)
The location (and elevation, if established)
of all existing and proposed street monuments.
(20)
Location of existing and proposed rights-of-way
and easements.
(21)
Lot numbers and a statement of the total number
of lots and parcels.
(22)
Lot lines with approximate dimensions.
(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 test
was conducted for each lot.
(25)
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 subdivisions
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 lettered on the plan and
shall be duly acknowledged and signed by the owner(s) of the company.
(29)
An approval block for the use of the Township
Supervisors and the Adams County Office of Planning and Development.
(30)
A block to be used for inserting the date, agreed
upon by the Township Supervisors and the developer, by which all improvements
shall be complete, shall be lettered on the plan. Such date shall
not be more than two years from the date of the final plan approval.
(31)
The accurate location of all wetland.
C. 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
tract. Such profiles shall show at least the following information,
properly labeled:
(a)
Existing (natural) profile along both cartway
edges or along the center line of each street.
(b)
Proposed finished grade of the center line or
proposed finished grade at the top of both curbs or proposed finished
grade at both cartway (pavement) edges.
(c)
The length of all vertical curves.
(d)
Existing and proposed sanitary sewer mains and
manholes.
(e)
Existing and proposed storm mains, inlets, manholes,
and culverts.
(3) Whenever a subdivider proposes to establish a street which is not offered for public use, he shall be subject to the requirements of §
86-25B and shall submit such plans, agreements, and documents as may be required by the Township under the provisions of that section.
(4) An agreement that the applicant will install all underground
utilities before paving streets or constructing sidewalks.
(5) Final designs of any bridge 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.
(6) 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 light of adjustments and connections with future
streets in the part not submitted.
(7) 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.
(8) 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.
(9) A stormwater management site plan in accordance with Chapter
81, Stormwater Management, of the Code of the Township of Mount Joy.
[Amended 8-16-2012 by Ord. No. 2012-04]
(10)
Where deemed necessary by the Township, a map
showing the location of the proposed development with respect to the
Township's flood-prone areas, 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 borders on any flood-prone area, such map shall also show the location
and elevation of proposed roads, public utilities, and building sites.
(11)
A planning module as required by the Pennsylvania
Department of Environmental Protection.
(12)
Such private deed restrictions, including building
setback lines, as may be imposed upon the property as a condition
to sale, together with a statement of any restrictions previously
imposed which may affect the title of the land being subdivided.
(13)
Any other certificates, affidavits, endorsements
or dedications, etc., that may be required by the Planning Commission
or Board of Supervisors.
(14)
When a proposed plan has been submitted to the
County Conservation District Office for its review and recommendations,
a plan and/or other documentation to show what has been, or will be
done in response to its recommendations.
(15)
An affidavit to the effect that all affected
municipalities have been notified of any alteration and/or relocation
of any watercourse.
(16)
Documented proof that when an agency of the
Commonwealth of Pennsylvania holds interest or jurisdiction in the
plan or any phase of the plan, the approval of the agency has been
secured.
(17)
If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the subdivision or development, applicants shall present
evidence to the Township that the subdivision or development is to
be supplied by a certificated public utility, a bona fide cooperative
association of lot owners or by municipal corporation, authority or
utility. The applicant shall provide the Township with a copy of a
Certificate of Public Convenience from the Pennsylvania Public Utility
Commission or an application for such certificate, a cooperative agreement
to serve the area in question, as acceptable evidence that the above
requirements have been met.
(18)
No plat which will require access to a highway
under the jurisdiction of the Pennsylvania Department of Transportation
shall be finally approved unless the plat contains a notice that a
highway occupancy permit is required pursuant to § 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,
or that a Township occupancy permit is required from the Township
if the entrance is from a Township street.
[Amended 11-7-2013 by Ord. No. 2013-04]
Minor subdivision and land development plans shall be submitted,
reviewed and subject to approval by the Board of Supervisors under
the following procedures and requirements.
A. Plan submission. Submission shall consist of the following:
(1) Application form available from the Township.
(2) Except as noted below, three copies of the blue-line or black-line
paper prints.
(a)
For a minor residential subdivision plan or minor land development
plan, five copies.
(b)
For a minor residential subdivision plan or minor land development
plan abutting a state road, six copies.
(c)
The prints shall show all of the information required by the Subdivision and Land Development Ordinance, §
86-13, Final plan requirements.
(3) Copies of any other required documentation in a number equivalent
to the number of prints required to be submitted.
(4) Filing fee based upon a schedule established by the Board of Supervisors
by resolution.
B. Completeness requirement.
(1) All plan applications shall include a completed application form, application fee, plan(s) and supporting information specified on the application form or required to demonstrate compliance with the applicable provisions of Chapter
110, Zoning and Subdivision and Land Development Ordinance. Failure to fully complete the application form and provide all required information and fees shall be grounds to reject the application as incomplete. The time for review and action on the plan application shall not be deemed to have commenced on an incomplete application and Section 508 of the MPC shall not apply. Acceptance of a plan shall not constitute a waiver of any deficiencies or irregularities in its content.
(2) The Zoning Officer shall review the plan application for completeness
within three business days of its submission to the Township. A plan
submitted to the Township by first-class mail shall be deemed received
on the business day that the plan is received by the Township during
regular Township business hours. The Zoning Officer shall determine
whether the plan application is complete and shall notify the applicant
in writing of such determination. Such notice shall also be provided
to the Township Engineer.
(3) In the event the submission is determined to be incomplete, the notice
shall identify the deficiencies.
(4) In the event the submission is determined to be complete, the Township
shall notify the applicant in writing and shall distribute copies
of the minor residential subdivision plans and/or minor land development
plan to the:
(b)
Township Sewage Enforcement Officer, in all instances where
sewage facilities planning is necessary.
C. County Planning Agency review.
(1) The applicant is responsible for distributing copies of the minor
residential subdivision and/or minor land development plan to the
Adams County Office of Planning and Development and for timely payment
to the County of County review fees.
(2) The time provided for Township compliance review, as set forth in Subsection
D, shall not begin until such time as the County provides written notification to the Township that the County has accepted the plan for review.
D. Township compliance review and determination.
(1) Following determination by the Zoning Officer that the plan application is complete and receipt of notification from the County of its acceptance of the plan application for review, the minor residential subdivision and/or minor land development plan shall be reviewed by Township Zoning Officer and Township Engineer, respectively, for compliance with the applicable requirements of Chapter
110, Zoning and this chapter.
(2) Within 35 calendar days following determination by the Zoning Officer that the plan application is complete and receipt of notification from the County of its acceptance of the plan application for review, the Zoning Officer and Township Engineer, respectively, shall make a determination of compliance with the applicable requirements of Chapter
110, Zoning and this chapter. The Zoning Officer and Township Engineer shall issue the determination of compliance in writing.
(a)
Compliance with administrative requirements, such as having
necessary parties sign the final plan, shall be noted in the determination
of compliance, but shall not otherwise delay the process of obtaining
Board of Supervisor approval.
(b)
In the event the Zoning Officer and/or Township Engineer recommend
a condition(s) of approval, such recommendation shall be noted in
the determination of compliance but shall not otherwise delay the
process of obtaining Board of Supervisor approval.
E. Compliance resubmissions.
(1) In the event a plan is required to be revised in response to the
comments of the Zoning Officer and/or Township Engineer, within 10
business days of the submission of a revised plan, the Zoning Officer
and the Township Engineer shall issue review comments in writing,
including (where appropriate) a compliance determination.
(2) If the plan is determined to not be in compliance with the applicable requirements of Chapter
110, Zoning and/or this chapter:
(a)
In the event the applicant elects to seek a variance from an applicable requirement of Chapter
110, Zoning, the plan review process shall be stayed until such variance is approved by the Zoning Hearing Board. The applicant shall agree in writing to such extension of the time requirements of Section 508 of the Pennsylvania Municipalities Planning Code sufficient to allow review and recommendation by the Township
Planning Commission and consideration and action by the Township Board
of Supervisors at the Board's next regularly scheduled meeting occurring
within 30 calendar days following the issuance of the decision of
the Zoning Hearing Board.
(b)
In the event the applicant elects to appeal from a determination
of the Zoning Officer, the plan review process shall be stayed until
decision on the appeal to the Zoning Hearing Board is issued. The
applicant shall agree in writing to such extension of the time requirements
of Section 508 of the Pennsylvania Municipalities Planning Code sufficient to allow review and recommendation by the Township
Planning Commission and consideration and action by the Township Board
of Supervisors at the Board's next regularly scheduled meeting occurring
within 30 calendar days following the issuance of the decision of
the Zoning Hearing Board.
(c)
In the event the applicant elects to seek a modification of
an applicable requirement of this chapter, the plan review process
shall be stayed until decision on the request for modification is
granted. The applicant shall agree in writing to such extension of
the time requirements of Section 508 of the Pennsylvania Municipalities
Planning Code sufficient to allow review and recommendation by the Township
Planning Commission at the Commission's next regularly scheduled meeting
occurring within 30 calendar days following the submission of the
application for modification and consideration and action by the Township
Board of Supervisors at the Board's next regularly scheduled meeting
occurring after the Planning Commission meeting.
F. Planning Commission review. Except as noted in Subsection
E, Planning Commission review of a minor subdivision and/or minor land development plan is considered not to be necessary.
(1) The Zoning Officer shall notify the Planning Commission of the submission
of the plan. Such notification shall identify the applicant and the
location of the subject property and shall generally describe the
plan.
(2) In the event the Zoning Officer and Township Engineer determine that the plan fully complies with the applicable requirements of Chapter
110, Zoning and Subdivision and Land Development Ordinance, the Zoning Officer and Township Engineer shall notify the Planning Commission of their compliance determinations.
G. Board of Supervisors consideration and decision.
(1) At the next scheduled regular meeting of the Board of Supervisors
occurring within 45 calendar days after the Township determination
of completeness and the Township's receipt of the County notification
of the County's acceptance of the plan for review, whichever occurs
last, the Board of Supervisors shall consider the plan for approval
or approval with conditions by consent.
(2) Provided, however, that the Board of Supervisors, in its sole discretion,
may remove a plan from the consent agenda and place it on the action
agenda of the same meeting for the purpose of attaching, removing
or modifying a condition of approval.
(3) The Board of Supervisors shall issue a written decision as provided in §
86-12D(3).
H. Recording of Plan - The Plan shall be recorded as provided in §
86-12E.