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.
A. 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.
B. 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.
C. 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.
D. 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 as it relates to the preliminary plan.
E. 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.
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." 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," 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.
A. 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.
(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," 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.
(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."
B. 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. 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.
(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.
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.
A. 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)
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 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.
B. 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.
C. 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."
(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)
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.
(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.
D. 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.
E. 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.
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.
A. 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.
(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)
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.
(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.
(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)
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.
(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)
"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."
B. 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.
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.
A parcel of land may be added to an existing recorded lot for
the sole purpose of increasing the lot size, provided that:
A. The parcel to be added must be contiguous to the existing lot.
B. The plan prepared for the addition of this parcel shall follow the
procedures outlined in this chapter.
C. 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.
D. An acknowledgement/concurrence block shall be provided for the recipient
of the additional lot area to provide a notarized signature.
E. 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."
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.
A. Said plan shall indicate the actual location, dimensions and/or elevations
of all completed improvements, including but not limited to:
(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.
(7)
Landscaping and screen planting.
(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.
B. 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.
C. 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.