The standards, requirements, and procedures contained in this
article shall govern the filing and processing of all applications
for subdivision and/or land development in East Greenville Borough.
All applications for subdivision and/or land development shall
be classified as sketch plans, preliminary plans, final plans, or
minor plans, as further regulated herein.
B.
Preliminary plans. A preliminary plan is required to be submitted for all proposals for subdivision and/or land development, except for those which qualify as minor plans (See § 85-30), in accordance with the requirements of § 85-24, Preliminary plan submission requirements, and § 85-25, Preliminary plan filing and review procedure.
C.
Final plans. A final plan is required to be submitted for all proposals for subdivision and/or land development, except for those which qualify as minor plans (See § 85-30), in accordance with the requirements of § 85-26, Final plan submission requirements, and § 85-27, Final plan filing and review procedure.
E.
Each plan, whether sketch, preliminary, final, or minor, shall be
reviewed one at a time. No subsequent plans shall be reviewed until
a decision on the preceding plan has been reached. If preliminary
and final plans are filed simultaneously by the applicant, the Borough
reserves the right to separate preliminary and final plan approval
such that preliminary plan approval is a separate action of Borough
Council from final plan approval.
A.
A sketch plan is not required of any subdivision or land development
applicant and its submission is entirely voluntary. Sketch plans have
no legal standing with regard to the formal plan approval process
mandated by the Pennsylvania Municipalities Planning Code.
B.
The purposes of the submission of a sketch plan may include:
(1)
To inform the Borough of an applicant's plans for subdivision
and/or land development;
(2)
For the Borough to provide informal advice and guidance which shall
not be binding;
(3)
For the applicant to better understand some of the issues that may
arise prior to engaging in the full plan review process; and
(4)
To help the preliminary and final plan review process proceed more
efficiently.
C.
An applicant can submit any information for review as a sketch plan
under this article. It need not be a surveyed or engineered plan.
While there are no formal requirements for information that must be
included, it is recommended that a plan be submitted that shows some
or all of the following information:
(1)
The entire tract boundary, total acreage, and acreage of each lot.
(2)
Existing and proposed streets, lots, buildings, approximate building
envelopes and other improvements.
(3)
Significant physical features such as floodplain, steep slopes, woodlands,
and existing structures.
(4)
Approximate locations for stormwater control facilities, if necessary.
(5)
Location plan showing the relationship of the subject tract to the
surrounding road network and major physical features (i.e., streams,
rail lines, etc.).
(6)
North point and scale.
(7)
Name and address of the owner.
(8)
Name and address of the engineer, surveyor, architect, or plan preparer.
(9)
Any additional information which the applicant believes will help
explain the proposal.
A.
The applicant shall make a request for review of a sketch plan to
East Greenville Borough at least 10 calendar days prior to the next
Planning Commission meeting. If an applicant desires their sketch
plan to be reviewed by the Borough Engineer, a professional services
agreement and escrow shall be established by the applicant.
B.
East Greenville Borough shall review sketch plans in accordance with
all applicable codes, ordinances, plans, and legal requirements. East
Greenville Planning Commission shall provide informal advice only
and shall not vote on any approval or denial of the sketch plan. If
they so choose, East Greenville Planning Commission may make a recommendation
to have the sketch plan reviewed by Borough Council.
C.
An applicant may submit revised sketch plans at future meetings prior
to continuing on to the preliminary or minor plan procedures. An applicant
may submit multiple alternative sketch plans at one time. All sketch
plans that an applicant wishes to have reviewed must be received by
the Borough at least 10 days prior to the Planning Commission meeting.
This section contains the requirements for preliminary plans
for subdivisions and/or land developments in terms of drafting standards,
basic information, existing features, and proposed features.
A.
Drafting standards. Plans must be professionally prepared in compliance
with the following:
(1)
The plans shall be produced in a manner so that when printed on sheet
media in compliance with the following standards the resulting plans
will be at a standard engineering scale not exceeding 50 feet to the
inch.
(2)
A reduced scale plan of the entire site at a scale greater than 50
feet to the inch should be included in cases where it would facilitate
understanding of the entire site.
(3)
Plan sheets shall be appropriately scaled to the size of the drawing.
(4)
All printed sheets shall be numbered relative to the total number
of sheets (i.e., 1 of 5).
(5)
Where two or more printed sheets are needed to show the entire tract,
a reduced scale key plan shall be provided to show how the sheets
fit together. Match lines shall be shown.
(6)
Property lines shall be drawn and labeled in conformance with accepted
surveying and civil engineering practices, including dimensions shown
in feet and decimal fractions thereof, and bearings shown in degrees,
minutes, and seconds.
B.
Basic information. All preliminary plans shall include the following
basic information:
(1)
Name of subdivision or land development.
(2)
Name, address, email, and phone number of the applicant, and the
owner of record, if different from the applicant.
(3)
Name, address, email, and phone number of the firm which prepared
the plan and professional seal of the individual certifying its accuracy
and compliance with applicable standards.
(4)
Date of preparation of the plan and a descriptive list of revisions
to the plan, and the revision dates.
(5)
North arrow and scale displayed in graphic and written form.
(6)
Location plan showing the relationship of the subject tract to the
surrounding road network, adjacent properties, and major physical
features.
(8)
Table showing the basic dimensional and density requirements of the
applicable zoning district, compared to the applicant's proposal.
(9)
Zoning classification(s) of the impacted lots and all lands abutting
the proposal.
(10)
Names of all current owners of immediately adjacent lands.
(11)
List or table showing:
(a)
Number of acres under proposal (net and gross acreage should be calculated in accordance with Chapter 95, Zoning).
(b)
Number of lots and/or dwelling units.
(c)
Total building area (if existing buildings are to be reused,
the building area should be expressed as existing building area and
additional building area).
(d)
Total acreage of open space.
(e)
Total acreage of commonly held lots and land areas.
(12)
Description of the variances or special exception approvals,
conditions of their approval, and the dates they were granted, if
any.
(13)
Description of all deed restrictions, including conservation
and environmental, easements, or other covenants affecting the property
or development of the tract. The following information shall be included:
(14)
Requirements of any other local ordinance which may affect the
proposal.
(15)
A legend that clearly indicates which features are existing
and which are proposed, and including a description of all symbols
used.
(16)
Tax parcel numbers of all parcels being subdivided or developed.
(17)
Deed book and page numbers for all parcels being subdivided
or developed.
(18)
Note which states "Preliminary Plan - Not to Be Recorded."
(19)
Owner's statement of intent block, which indicates the
owner's intent for the application by summarizing the proposal.
(20)
Reserved space for the seal and signature of East Greenville
Borough.
(21)
Dimensions shall be displayed in feet and decimal parts thereof,
and bearings in degrees, minutes, and seconds.
C.
Existing features plan. An aerial photograph taken within one year
of the date of submission shall be provided showing an area of at
least 200 feet beyond the tract boundary, with the subject tract marked
on the aerial. Within the tract proposed for subdivision and/or land
development and within 50 feet of the tract boundaries, the following
information shall be shown in the preliminary plan:
(1)
Tract boundary lines, easements, deed restrictions, current owners
of the subject and neighboring properties, and current uses of each.
(2)
Streets, including alleys and unopened streets bordering or crossing
the tract.
(a)
Locations and distances to nearest intersection off the drawing.
(b)
Names.
(c)
Legal and ultimate rights-of-way.
(d)
Center line courses, distances, and curve data.
(e)
Cartway and paving widths.
(f)
Curblines.
(g)
Radii at intersections.
(h)
Street location tie-ins to nearest intersection by courses and
distances.
(i)
Sight distance at existing intersections.
(j)
Location and type of all existing traffic control signs, line
striping, signals, and devices.
(k)
Surface conditions.
(l)
Location of driveways, curbs and their radii, sidewalks, trails,
traffic signals, line striping, street lighting, and any signs, whether
public or private.
(3)
Water resources, including:
(a)
Watershed designation.
(b)
Lakes and ponds.
(c)
Vernal pools and seeps.
(d)
Wetlands, swamps, marshes, and riparian buffers.
(e)
Watercourses and their sizes in addition to any springs.
(f)
Existing well locations and whether they are in use, capped,
or abandoned.
(h)
Citations or references to data sources utilized to identify
water resources.
(6)
Other existing stormwater and/or erosion control facilities, including:
(7)
Existing vegetation. The following information shall be required,
the preparation of which shall be carried out by and attested to by
an ISA certified arborist, registered landscape architect, or other
qualified professional.
(a)
Location, size, species, and condition/health of all trees that
are at least three inches dbh or greater.
(b)
Woodlands, including outer limits of woodland edge and a general
description of tree types, sizes, and conditions.
(c)
Any other existing trees or vegetation proposed to be used to
comply with any landscaping requirements of the Code of Ordinances
of East Greenville Borough.
(d)
Location, size, species, and condition of all specimen trees
of significant size (greater than 24 inches dbh), type, or historical/community
significance shall be labeled on the plan as "Specimen Tree."
(e)
All individual trees and woodland areas shall be labeled as
"To Remain" or "To Be Removed."
(10)
Contour information, including:
(a)
Existing contour lines for the entire site at a vertical interval
of not more than one foot for land with natural slopes averaging 2%
or less, and at a vertical interval of not more than two feet for
land with natural slopes averaging greater than 2%.
(b)
Areas with slopes of 15% or greater, as determined from the
contours shown on the plan, should be adequately depicted.
(11)
Other features including:
(a)
Location, size, character, and configuration of existing buildings,
structures, paved impervious surfaces, driveways, all labeled as "To
Remain" or "To Be Removed."
(b)
Location, type, and ownership of any utilities, both above and
below ground, on both sides of the street rights-of-way and within
50 feet of the tract or project boundary. Utilities shall include,
but not be limited to, electrical, cable television, fire hydrants,
gas lines, water lines, and internet. Notes for each utility shown
should describe:
(c)
Other features that may affect the potential layout of lots
and buildings.
(12)
Other information as recommended by the Borough Planning Commission
or deemed necessary by Borough Council.
D.
Proposed features and lotting plan. Within the tract proposed for
subdivision and/or land development, the following information shall
be shown on the preliminary plan:
(1)
Tract boundary lines, existing and proposed easements, existing and
proposed deed restrictions, and current owners of the subject tract.
(2)
Any features from the existing features plan which may affect the
potential layout of lots, buildings, and other improvements.
(3)
The quantity and layout of the areas of natural features conserved according to the criteria in § 85-63 of this chapter.
(5)
A conceptual site utilization layout defining the general location
of all proposed uses and activities, and the area of the total tract
devoted to each use or group of uses, if applicable.
(6)
Proposed streets, alleys, driveways, and parking areas, including:
(a)
Names or other identification.
(b)
Right-of-way widths and lines.
(c)
Cartway and pavement widths.
(d)
Center line courses, distances, and curve data.
(e)
Curblines.
(f)
Radii at intersections.
(g)
Street location tie-ins to nearest intersection by courses and
distances.
(h)
Tentative grades to an existing street at a point of 200 feet
beyond the boundaries of the subject tract.
(i)
Capacity of vehicle, bicycle, and electric vehicle parking areas
showing individual parking spaces, loading spaces, charging stations,
accessible parking and reserved aisles, dumpster locations, and any
reserved areas for electric vehicles or compact cars.
(j)
Sight distance at proposed intersections with existing streets.
(k)
Location and type of all traffic control signs, line striping,
signals, and devices proposed to be installed.
(l)
Rights-of-way or access easements proposed for stormwater drainage
facilities/areas.
(m)
Plan of streetlighting indicating location and type of fixtures
to be installed.
(7)
Water resources and other natural features identified in the existing
features plan.
(8)
Depth of water table, along with the location of test borings, where
applicable.
(9)
Setback lines for proposed and existing (to remain) buildings.
(10)
All parking setback lines where applicable.
(11)
Proposed sidewalk, trail, or other walkway locations.
(12)
Proposed buildings, including:
(a)
Locations of existing (to remain) and proposed buildings, including
control points and monuments.
(b)
Configurations.
(c)
Sizes, including ground level floor area, total floor area,
number of stories, and height.
(d)
Total building coverage (square feet and percentage of site).
(e)
Locations, configuration, and types of accessory structures.
(f)
Ground floor elevations.
(g)
All points of ingress and egress.
(13)
Soil types with their limitations based on the latest USGS soil
data.
(14)
(15)
Areas to be dedicated for proposed uses or reserved for future
uses, including:
(16)
Impervious coverage area calculations.
E.
Proposed landscaping plan, which shall be prepared, signed and sealed
by a landscape architect licensed in the Commonwealth of Pennsylvania,
including:
(1)
Existing vegetation to be removed.
(2)
Existing vegetation to be preserved, including documentation of tree
protection area measures.
(3)
A plan of proposed plantings showing the locations of natural feature
preservation, street trees, parking lot landscaping, stormwater facilities
landscaping, and any required buffer areas and site landscaping.
(4)
Proposed planting schedule, including the quantities, location, species,
and installation sizes of all plant material.
(5)
Existing and proposed contours including related landscape features
such as earth berms and water features.
(6)
Documentation of existing and proposed stormwater management features.
(7)
Existing and proposed utilities.
F.
Proposed outdoor lighting plan, including:
(1)
Proposed fixtures in roadways, parking lots, and other public areas,
including fixtures intended to enhance building security.
(2)
A detailed ten-foot grid showing the horizontal maintained footcandle
levels at grade, to the boundary of the site or past the boundary
until the illumination values reach 0.0 footcandles.
(3)
The minimum, average, and maximum maintained illumination levels for the areas being illuminated to demonstrate compliance with lighting requirements from the Borough's Code of Ordinances, including Chapter 95, Zoning, and this chapter.
(5)
Manufacturer's cut sheets and specifications.
G.
Grading and drainage plan. Within the tract proposed for subdivision
and/or land development, the following information shall be shown
on the preliminary plan:
(1)
Proposed contours for the entire site at one- or two-foot intervals
with any changes in grade clearly identified.
(2)
Approximate limits of site disturbance, including a clear delineation
of existing vegetation including trees, hedge rows, wooded areas,
scrub growth, and meadow, with all areas indicated:
(3)
Stormwater management and erosion control and sedimentation facilities,
including:
(a)
Basins and underground detention facilities.
(b)
Swales, rain gardens, and infiltration areas.
(c)
Diffusion devices.
(d)
Velocity controls.
(e)
Pipe locations.
(f)
Pipe sizes, lengths, and materials.
(g)
Direction of flow.
(h)
Gradient of flow.
(i)
Inlets, catch basins, outfalls/headwalls, channels, and manholes,
including rim and invert elevations.
(j)
Design calculations for these facilities shall be submitted
in report form with a note on the plan referencing the report.
(4)
Proposed tree protection measures.
H.
Infrastructure and utilities plan. Within the tract proposed for
subdivision and/or land development, the following information shall
be shown on the preliminary plan:
I.
Cross sections, profiles, and preliminary structural designs. When
a proposal will impact existing or create new roads, utilities, bridges,
culverts, stormwater management features, or parking areas, the following
must be provided:
(1)
Cross section and center line profile for each proposed or widened
cartway, driveway, or parking area, including:
(a)
Road center line grades and vertical curvature, including road
center line elevations shown at horizontal intervals of 25 feet along
vertical curves and 50 feet for straight grades.
(b)
Profiles for sanitary sewers, water mains, and storm drains,
including:
[1]
Location, size, length, and type of line with stations.
[2]
Slope between manholes and/or inlets.
[3]
Location of laterals or water service including fire hydrants,
valves, tees, and fittings.
[4]
Existing ground surface with elevation of rim/grate and invert
elevations.
[5]
Location, size, depth, and type of material of all other utilities
in the vicinity of the pipe.
[6]
Vertical curve data including length, elevations, and stations
at the beginning and ending of the vertical curve, including high
points and low points, elevations at fifty-foot intervals, and minimum
site distance.
(2)
Preliminary design of any bridges, culverts, or other such structures.
(3)
Preliminary design and structural details of stormwater management
improvements.
(4)
Cross section (streets):
(a)
Right-of-way and cartway width.
(b)
Type, thickness, and crown of paving.
(c)
Type and size of curb.
(d)
Grading of sidewalk area.
(e)
Location, width, type, and thickness of sidewalks.
(f)
Grading of stormwater swale adjacent to cartway.
(g)
Typical location of sewers and utilities, street trees, street
lights, and other improvements along roads.
(5)
The stormwater best management practices operations and maintenance
plan. A statement shall be included to the effect that stormwater
features cannot be altered or removed without approval of East Greenville
Borough.
J.
Supporting information.
(1)
A new development schedule including the approximate date when the
construction is expected to begin and be completed.
(2)
A copy of all restrictions, easement or covenants under which the
lots are to be sold.
(4)
A plan for the ownership, maintenance, and management of open space
areas and stormwater features.
(5)
Reports or letters regarding the availability of sewer and water
facilities.
(6)
Copies of letters and permit applications to all reviewing agencies.
(7)
Stormwater calculations and reports.
(8)
Wetlands delineation study, if applicable.
K.
Floodplain areas.
(1)
Any lot proposed for development which lies in whole or in part within the Floodplain Conservation District, as defined by Chapter 95: Zoning, Article XVII: Floodplain Conservation District, shall comply with all regulations contained in that article, and preliminary plan submissions shall demonstrate the following:
(2)
Where floodproofing measures are required for a structure within
the floodplain, the applicant shall provide certification from a registered
professional engineer or architect indicating that floodproofing measures
meet the requirements of all Borough ordinances and any other applicable
requirements.
(3)
The applicant shall provide proof that adequate precautions against
flood damage have been taken with respect to the design of any buildings
or structures located wholly or partially within a floodplain area.
(4)
A copy of all plans for new construction in floodplain areas shall
be submitted to the Montgomery County Conservation District and Pennsylvania
Department of Environmental Protection for review and approval.
L.
Additional plans or other information as required to comply with
the Code of Ordinances of East Greenville Borough or as recommended
by the Borough Planning Commission or Borough Council shall also be
submitted.
The procedure contained in this section shall regulate the submission
and review of preliminary plans for subdivision and land development.
A.
Seven full-sized paper copies (24 inches by 36 inches) and 10 reduced
size paper copies (11 inches by 17 inches) of the preliminary plan
shall be submitted to the Code Enforcement Officer, in person, by
the applicant or applicant's agent at the Borough Office during
normal business hours. The paper copies of the plans shall be accompanied
by a digital plan set in portable document format (PDF) which shall
be submitted on a physical digital storage device such as a flash
drive or, if acceptable to the Code Enforcement Officer, by electronic
mail or digital download link.
B.
Notice of all submissions of a subdivision or land development shall
be posted by the applicant at the affected tract of land at least
seven calendar days prior to the first Planning Commission meeting
at which the plan will be discussed. The notice shall adhere to the
following:
(1)
The notice shall remain in place until 10 calendar days after final
plan approval is granted by Borough Council.
(2)
The notice shall be on a sign with the minimum dimension of 24 inches
by 36 inches.
(3)
At a minimum, the sign shall state the following: "This property
is subject to a subdivision and land development application in East
Greenville Borough."
(4)
The writing shall be in black letters that are large enough that
the statement covers the entire area of the sign.
(5)
The sign shall be posted in a location that is clearly visible from
the street.
(6)
Proof of posting by way of a photograph shall be provided to the
East Greenville Borough staff seven calendar days prior to the first
Planning Commission meeting at which the plan submission will be discussed.
If this proof is not provided, the application shall not be considered
complete, and the statutory ninety-day review period shall not begin
until the notice is posted and such proof is submitted by the applicant.
D.
The applicant shall pay the Montgomery County Planning Commission
review fee upon receipt of an invoice from the Commission.
E.
East Greenville Borough staff will conduct a cursory review of the
preliminary plan and supporting materials to determine if the plan
shows basic compliance with the requirements of this article. If the
submission appears complete, the plan submission date will be stamped
on the plan.
F.
The Borough staff shall provide digital copies of the plan to the following for review and recommendations. Hard copies will be provided as requested. If additional copies are needed beyond what was provided per § 85-25A, these shall be provided by the applicant at their expense.
(1)
Borough Planning Commission.
(2)
Borough Council.
(3)
Borough Engineer.
(4)
Montgomery County Planning Commission, along with the request for
review.
(5)
Upper Perkiomen Valley Regional Planning Commission, if the proposal
is deemed regionally significant by the Borough or Montgomery County
Planning Commission.
(6)
Borough Solicitor.
(7)
Borough Code Enforcement Officer.
(8)
Other technical consultants as needed.
G.
The preliminary plan shall be placed on the agenda of the next regularly
scheduled Planning Commission meeting that is at least 25 calendar
days, but not more than 60 calendar days after the preliminary plan
is submitted.
H.
Upon completion of its review of the preliminary plan, which should
include due consideration of the timely recommendations of the Borough
Engineer, Montgomery County Planning Commission, and other technical
advisers as requested, the Borough Planning Commission shall communicate
its recommendations to Borough Council.
I.
A ninety-day review period shall commence from the first Planning
Commission meeting that is at least 25 calendar days after the official
submission date stamped on the plan.
(1)
Should the next regular meeting of the Planning Commission occur
more than 30 days following the official submission date stamped on
the plan, the said ninety-day period shall be measured from the 30th
day following the submission date stamped on the plan.
(2)
Borough Council shall act within that ninety-day period unless an
extension has been signed.
(3)
If the applicant and the Borough agree, the ninety-day review period
may be extended by an agreement in writing signed by both parties.
(4)
If an extension of the ninety-day time period is applied, it shall
be measured from the expiration of the original ninety-day period.
A time extension shall postpone the deadline and effects of the ninety-day
time period for the additional number of days agreed to in writing.
J.
Borough Council shall consider the preliminary plan application at
one or more of its public meetings during the ninety-day review period
and/or extension thereof, if applicable, and shall render a decision
on the plan following receipt of the recommendations of the Borough
Planning Commission, Borough Engineer, Montgomery County Planning
Commission, and/or other technical advisers as requested.
(1)
In accordance with the Pennsylvania Municipalities Planning Code,
Borough Council shall not approve an application until the Montgomery
County Planning Commission report of its recommendations is received
or until the expiration of 30 days from the date the application was
forwarded to the county.
K.
Procedure following Council's decision.
(1)
When the Borough Council makes a decision on a preliminary plan,
one of the following procedures will be followed, depending on the
type of decision:
(a)
Denial. If Borough Council denies approval of a preliminary
plan, then written notification shall be given to the applicant which
specifies the defects found in the application and describe the requirements
which have not been met and shall cite the provisions of the statute
or ordinance relied upon.
(b)
Approval. If Borough Council approves a preliminary plan in
terms as filed by the applicant, then the Borough Secretary will so
certify thereon, and a copy of the approved plan will be forwarded
to the applicant. The applicant shall then submit two paper copies
of the approved plan for Borough seal and signature.
(c)
Approval subject to conditions. If Borough Council approves
a preliminary plan subject to specific conditions, then those conditions
shall be accepted in writing by the applicant; otherwise the plan
shall be denied approval. Therefore, the written notification to the
applicant shall:
[1]
Specify the conditions of approval and request the applicant's
written agreement to the conditions.
[2]
State that the application will be denied if the applicant does
not agree to the conditions.
[3]
Specify the defects found in the application, describing the
requirements which have not been met and citing the provisions of
the statute or ordinance relied upon for denial of the plan.
[4]
State that the plan approval shall be rescinded automatically
upon the applicant's failure to accept or reject the conditions
within 30 days following the decision by Borough Council to grant
conditional approval.
(2)
Effective period of approval. Approval shall be effective for a period
of five years from the date of preliminary plan approval in accordance
with the Pennsylvania Municipalities Planning Code. In the case where
preliminary and final plan approval are concurrent, the five-year
period shall be measured from the date of that concurrent approval.
(3)
No subsequent change or amendment in the zoning, subdivision or other
governing ordinance or plan shall be applied to affect adversely the
right of the applicant to commence and to complete any aspect of the
approved development in accordance with the terms of approval within
that five-year period.
(4)
In a case of a preliminary plan calling for the installation of improvements
beyond the five-year period, a schedule shall be filed by the applicant
with the preliminary plan delineating all proposed sections as well
as deadlines within which applications for final plan approval of
each section are intended to be filed.
(a)
Such schedule shall be updated annually by the applicant on
or before the anniversary of the preliminary plan approval, until
final plan approval has been granted to the final section.
(b)
Any modification in the aforesaid schedule shall be subject
to approval of Borough Council in its discretion.
(c)
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as shown on the preliminary plan, unless
a lesser percentage is approved by the Borough Council in its discretion.
All final plans for subdivisions and/or land developments shall
consist of two basic parts: the improvements construction plan and
the record plan. The final plans shall conform in all details and
to the terms of approval of the preliminary plans.
A.
Improvements construction plan.
(1)
Drafting standards. The same standards shall be required for an improvements
construction plan as for a preliminary plan.
(2)
Information to be shown. The plan shall contain sufficient information
to provide working plans for the construction of the proposed streets
or any portion thereof, including all appurtenances, sewers and utilities,
as shown on the approved preliminary plan from one existing or approved
street to another or, in the case of a cul-de-sac, to its turnaround.
This information shall include:
(a)
Horizontal plan. The horizontal plan shall show details of the
horizontal layout as follows:
[1]
Information shown on the approved preliminary plan.
[2]
The beginning and end of proposed immediate construction.
[3]
Stations corresponding to those shown on the profiles.
[4]
The curb elevation at tangent points of horizontal curves, at
road or alley intersections and at the projected intersections of
the curb lines.
[5]
The location and size of sanitary sewers and lateral connections
and water mains, with distances between manholes, gas, electric and
other utility pipes or conduits and of storm drains, inlets and manholes.
[6]
The location, type and size of curbs and all paving widths.
[7]
The location and type of fire hydrants and streetlights.
(b)
Profiles. The profiles shall show details as follows:
[1]
Profiles and elevations of the ground along the center lines
of proposed streets.
[2]
Profiles of sanitary sewers with a profile over the sewer of
the existing and finished ground surface showing manhole locations
beginning at the lowest manhole.
[3]
Profiles of storm drains showing catch basins, inlet and manhole
locations, swales, ditches, etc.
[4]
Profiles of water mains.
(c)
Cross sections. The cross section for each classification of
street shall comply with the Borough's standards and specifications
as minimum requirements. It shall show a typical cross section across
the road with details of grading and construction as follows:
[1]
The ultimate right-of-way width and the location and width of
the cartway.
[2]
The type, depth and crown of paving.
[3]
The type and size of curb.
[4]
When sidewalks are required, grading of the sidewalk area should
be carried to the full width of the ultimate right-of-way.
[5]
The location, width, type and depth of sidewalks, when required.
[6]
The typical locations, size and depths of sewers and utilities.
[7]
Proposed grading to the ultimate right-of-way line.
(3)
Construction detail drawings. Drawings in sufficient detail shall
be provided with the final plan.
B.
Additional information. The following additional information shall
be submitted with the final plan:
(1)
All required local, county, state and federal permits shall be submitted.
These permits may include: Montgomery County Conservation District,
PennDOT, Borough permits, PA DEP permits for drainage, stream alteration,
dams, erosion and sedimentation control, air pollution or sanitary
sewage facilities.
(2)
The following statements shall be required on the final plan:
(a)
"The Approved Improvement Construction Plan, a copy of which
may be inspected at East Greenville Borough's Offices, has been
made a part of the Approved Final Plan."
(b)
"For access to a highway under the jurisdiction of PennDOT,
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. Access to the State highway shall only be authorized by the highway
occupancy permit."
(3)
All engineering calculations which support the proposed improvements
such as drainage calculations, sanitary facility design calculations,
or structural calculations.
(4)
Evidence satisfactory to Borough Council that public water and sewer
facilities have adequate capacity and that those services will be
provided to the subdivision or land development.
(5)
Sewage facilities plan approval from PA DEP in compliance with the
Borough's Act 537 Sewage Plan.
(6)
Approval of the erosion and sediment control plan from the Conservation
District.
(7)
Stormwater management permits from PA DEP, including but not limited
to NPDES permits.
(8)
For any development in a floodplain, required permits from the Montgomery
County Conservation District and PA DEP must be provided prior to
final plan approval.
C.
Record plan.
(1)
Drafting standards. The same standards shall be required for a record
plan as for a preliminary plan, and in addition, for recording purposes,
the plans shall be placed on a sheet size of 24 inches by 36 inches.
All lettering and lines should be drawn to be legible if the plan
is reduced to half size. A two-inch border on the left side of the
plan should be free of information.
(2)
Information to be shown. The plan, which shall include all portions
of an approved preliminary plan, shall also show:
(b)
Courses and distances sufficient for the legal description of
all the lines shown on the plan. The error of closure shall not be
greater than one part in 10,000.
(c)
Name or identification of the following:
[1]
Abutting owners.
[2]
All dimensional and technical descriptions of roads.
[3]
Easements.
[4]
Rights-of-way.
[5]
Floodplains and steep slopes (over 15%).
[6]
Open space, recreation and/or other common use areas.
[7]
Other public improvements.
[8]
For land development plans, all additional information pertinent
to the location and construction of site improvements, including buildings,
walks, parking, driveways, etc.
[9]
Parcel numbers.
[10]
Montgomery County Planning Commission plan review number.
[11]
Delineation of phases of construction if the development is
proposed to be built in more than one phase.
(d)
All lots deeded to the ultimate right-of-way, so that a single
deed may be drawn to the appropriate body having jurisdiction for
the dedication of streets by the applicant.
(e)
Evidence that the plans are in conformance with Chapter 95, Zoning, and other applicable Borough Ordinances and regulations. In any instance where such plans do not conform, evidence shall be presented that an exception, waiver or variance has been officially authorized.
(f)
The location, material and size of all monuments or pins with
reference to them.
(g)
Building setback lines with distances from the ultimate right-of-way
line and property lines.
(h)
Appropriate notes and conditions governing the use or development
of the proposed property.
D.
Certifications. When approved, the record plan must show:
(1)
The signature and seal of the registered engineer or surveyor certifying
that the plan represents their work, that the monuments shown thereon
exist as located, that the dimensional and geodetic details are correct,
and that the survey has been prepared in accordance with state standards
and laws.
(2)
The signature of the applicant and/or the record owner, if different,
certifying ownership of the property, adoption of the plan, and the
intent to record the plan.
(3)
The signature of the Borough Secretary, certifying that the Borough
Council approved the final plan on the date shown:
(a)
Space shall be provided for the signature of Borough Council
President.
(b)
Space shall be provided for the signature of the Planning Commission
Chair.
(c)
Space shall be provided for the signature and seal of the Borough
Secretary.
(d)
Space shall be provided for the signature of the Borough Engineer.
(e)
A blank space or appropriate certification language shall be
provided for the stamp and seal of the Montgomery County Planning
Commission, located along the right-hand edge of the plan, measuring
3 1/2 inches wide and 2 1/2 inches tall.
(4)
When applicable, certification by the Zoning Hearing Board that any
required special exceptions and variances have been granted.
The procedure contained in this section shall regulate the submission
and review of final plans for subdivision and land development.
A.
Two full-sized paper copies (24 inches by 36 inches) and five reduced
size paper copies (11 inches by 17 inches) of the final plan shall
be submitted to the Code Enforcement Officer, in person, by the applicant
or applicant's agent at the Borough Office during normal business
hours. The paper copies of the plans shall be accompanied by a digital
plan set in portable document format (PDF) which shall be submitted
on a physical digital storage device such as a flash drive or, if
acceptable to the Code Enforcement Officer, by electronic mail or
digital download link.
B.
East Greenville Borough staff will conduct a cursory review of the
final plan and supporting materials to determine if the plan shows
basic compliance with the requirements of this article. If the submission
appears complete, the plan submission date will be stamped on the
plan.
C.
The Borough staff shall provide digital copies of the plan to the following for review and recommendations. Paper copies will be provided as requested. If additional copies are needed beyond what was provided per § 85-27A, these shall be provided by the applicant at their expense.
(1)
Borough Planning Commission.
(2)
Borough Council.
(3)
Borough Engineer.
(4)
Montgomery County Planning Commission, along with the request for
review.
(5)
Upper Perkiomen Valley Regional Planning Commission, if the proposal
is deemed regionally significant by the Borough or Montgomery County
Planning Commission.
(6)
Borough Solicitor.
(7)
Borough Code Enforcement Officer.
(8)
Other technical consultants as needed.
D.
The final plan shall be placed on the agenda of the next regularly
scheduled Planning Commission meeting that is at least 25 calendar
days, but not more than 60 calendar days after the final plan is submitted.
At the discretion of Borough staff, the plan may be reviewed sooner
than 21 calendar days after submission if comments have been received
from necessary consultants.
E.
Upon completion of its review of the final plan, which should include
due consideration of the timely recommendations of any technical advisers,
the Borough Planning Commission shall communicate its recommendations
to Borough Council.
F.
A ninety-day review period shall commence from the first Planning
Commission meeting that is at least 25 calendar days after the official
submission date stamped on the plan.
(1)
Should the next regular meeting of the Planning Commission occur
more than 30 days following the official submission date stamped on
the plan, the said ninety-day period shall be measured from the 30th
day following the submission date stamped on the plan.
(2)
Borough Council shall act within that ninety-day period unless an
extension has been signed.
(3)
If the applicant and the Borough agree, the ninety-day review period
may be extended by an agreement in writing signed by both parties.
(4)
If an extension of the ninety-day time period is applied, it shall
be measured from the expiration of the original ninety-day period.
A time extension shall postpone the deadline and effects of the ninety-day
time period for the additional number of days agreed to in writing.
G.
Borough Council shall consider the final plan at one or more of its
public meetings during the ninety-day review period and/or extension
thereof, if applicable, and shall render a decision on the plan.
H.
A final plan for an application that has been previously granted
preliminary plan approval shall be approved by the Borough Council
when it is assured that:
(1)
The final plan conforms to the approved preliminary plan.
(2)
All engineering and other technical details have been resolved to
the satisfaction of the Borough Engineer, as evidenced by a letter
from the Borough Engineer, and to the satisfaction of other technical
advisers as required by Borough Council.
(3)
All financial security and legal agreements have been found satisfactory
by the Borough Council, under the review and advice of the Borough
Solicitor. All security has been posted and all agreements have been
executed.
(a)
When requested by the developer, in order to facilitate financing,
the Borough Council shall furnish the applicant with a signed copy
of a resolution indicating approval of the final plan contingent upon
the applicant obtaining a satisfactory financial security.
(b)
The final plan shall not be signed nor recorded until the financial
improvements agreement is executed.
(c)
The resolution of contingent approval shall expire and be deemed
to be revoked if the financial security agreement is not executed
within 90 days unless a written extension is granted by the Borough
Council.
(4)
The plan complies in all respects with applicable Borough ordinances
or that appropriate variances or waivers have been granted for features
that do not comply.
(5)
All necessary permits have been obtained from the applicable regulatory
agencies, authorities or departments.
(6)
All required escrows, fees, and costs have been paid by the applicant.
I.
Approval subject to conditions. If East Greenville Borough Council
finds a final plan to be deficient or defective, but would approve
the plan with certain revisions, conditioned upon the performance
of any act or the obtaining of any other approval or permit by the
applicant, the applicant shall be given the opportunity to accept
or reject the conditions within a thirty-day period. Conditional approval
of the plan shall be rescinded automatically, without action of Borough
Council, upon the applicant's written rejection of such conditions,
or upon the applicant's failure to accept such conditions within
30 days of the written notice being issued by Borough Council. Written
notice of the approval subject to conditions shall contain:
(1)
Specific information on the defects found in the application, including
reference to the statute or ordinance.
(2)
Requirements that must be met in order to satisfy the conditions
of approval.
(3)
A statement that the application has been conditional approved and
specifically requesting a response from the applicant as to the acceptance
of or rejection of the conditions within a thirty-day period.
J.
When the final plan is approved, the applicant shall present three
paper copies of the plan to be signed by Borough Council and the Borough
Secretary. The date of the approval and Official Borough Seal shall
be affixed to the plans.
K.
Prior to recording, the applicant shall also provide the legal descriptions
of the properties, easements, utilities, and rights-of-way involved
in the plan.
A.
Within 90 days following final plan approval or 90 days following
the date of delivery of the signed plans to the applicant by East
Greenville Borough, or following completion of conditions imposed
for such approval, whichever is later, the applicant shall record
the final plan, including the record plan and all plan sheets required
of the final plan as well as the stormwater management operation and
maintenance agreement, in the Office of the Recorder of Deeds of Montgomery
County.
B.
In accordance with the Pennsylvania Municipalities Planning Code,
whenever final plan approval is required by a municipality, the Recorder
of Deeds shall not accept any plan for recording unless it contains
the official approval of the municipal governing body and certification
of review by the Montgomery County Planning Commission.
C.
Prior to recording, the applicant should present the municipally
approved plan to the Montgomery County Planning Commission for its
stamp and seal, with one paper copy made available to the Montgomery
County Planning Commission for its files.
Minor plans may be submitted and processed only for lot line
adjustments, minor subdivisions, and/or mortgage subdivisions as defined
herein, in accordance with the standards and requirements in this
section. Notwithstanding the foregoing, Borough Council reserves the
right to require the submission of a standard preliminary plan in
place of a minor plan upon recommendation of the East Greenville Borough
Planning Commission, the Borough Engineer, or the Borough Solicitor.
A.
Standards and requirements for qualification as a minor plan submission.
(1)
Lot line adjustment or consolidation. To qualify as a lot line adjustment
minor plan, a proposal shall meet all of the following criteria:
(a)
A proposal involving two abutting, existing, legally approved
and recorded lots.
(b)
A common lot line is proposed to be adjusted in terms of its
location or configuration, or eliminated entirely.
(c)
The land area of each lot may be different after adjustment,
but the total lot area of the two lots will be unchanged, with the
exception of land within the ultimate right-of-way, of which the Borough
may require public dedication.
(d)
No alteration will occur to any perimeter boundary line of the
two lots.
(2)
Minor subdivision. To qualify as a minor subdivision minor plan,
a proposal shall meet all of the following criteria:
(a)
A subdivision proposal which would divide one existing lot into
not greater than two lots, each of which will comply with the applicable
dimensional and setback requirements of the zoning district in which
the existing lot is located.
(b)
The existing lot has sufficient frontage on an existing, improved
public street to satisfy the applicable East Greenville Borough requirements
for lot frontage and access to a public street for all proposed lots.
(c)
The existing lot has not been the subject, in whole or in part,
of a prior subdivision proposal during the 10 years previous to the
current application. Further subdivision of the subject property may
be considered as or may be required to comply with the standards of
a preliminary and final plan.
(d)
The subdivision will not require new road construction, road
improvements, or the extension of existing public utility lines, or
any other improvements intended to be dedicated to East Greenville
Borough other than additional right-of-way area.
(e)
The proposal will not involve any site improvements other than
installation of property pins/monuments.
(3)
Mortgage subdivision. A subdivision established for the sole purpose
of granting separate and distinct mortgages on each parcel within
a commonly managed and maintained land development. The individual
parcels created as a result of the mortgage subdivision may not individually
meet the required yard setbacks, ground cover, limitations, or other
bulk and area requirements of the zoning district in which the property
is situate provided that the applicant documents to the satisfaction
of the Borough the following:
(a)
The responsibility for the construction, control, and maintenance
of development shall be carried by an entity irrespective of parcels
to be established through the mortgage subdivision.
(b)
Irrevocable cross easements shall be established in favor of
all parcels created through the mortgage subdivision within the land
development as respect to the use, control and maintenance for the
facilities and areas to be used in common so that each parcel becomes
an integral of the land development.
(c)
Declaration that the interest of any mortgagee and that of any
transferee of the mortgage property upon any default of the mortgage,
shall be subject to the obligations and responsibilities as to the
facilities and areas to be used in common and the requirements of
the cross easements so that such a mortgagee or transferee, in the
event of such default or transfer of title to the property, shall
be bound thereby.
A.
Each plan resubmitted for review shall be accompanied by a letter
in both print and electronic format from the applicant that includes:
B.
Any revised plan sheets shall be resubmitted in both print and electronic
format. Each change made to a plan sheet as well as the revision date
of each change made, shall be noted on the plan sheet itself.
(1)
If one or more revisions are made to any previously submitted plan
sheet and not disclosed or identified in writing by the applicant,
said undisclosed or unidentified revisions shall be excluded from
any resulting plan approval.
(2)
Any plan approval by Borough Council where the plan contains undisclosed
or unidentified revisions that are noncompliant with the requirements
of this chapter or any other applicable laws, statutes, ordinances,
rules or regulations, shall in no way relieve the applicant of its
obligation to fully comply therewith.
(3)
The applicant shall be required to pay all costs and expenses, including
but not limited to engineering and legal fees, incurred by the Borough
associated with identifying and appropriately addressing undisclosed
revisions to the plan submission.
C.
An applicant must provide plan resubmissions and accompanying materials
to the Borough Hall at least 10 days prior to the next Planning Commission
meeting in order to get onto the agenda for that meeting.
The applicant is responsible for making the appropriate applications
for various federal, state, county, and municipality permits or other
approvals from governments or private utilities or service providers.
These should be sought in a timely manner that fits into the overall
plan review and approval process described in this article. To the
extent that the applicant is required to modify the plan as a result
of permits or other approvals, the applicant is still required to
comply fully with East Greenville Borough's Subdivision and Land
Development and Zoning Codes.
All developers, owners, builders, or agents representing them
who are selling a vacant subdivided residential lot or a newly constructed
home to a member of the general public shall adhere to the following
disclosure requirements:
A.
The seller of any newly constructed residential property or subdivided
lot for a residential building shall prominently display the approved
subdivision or land development in the location where property sales
are transacted so as to be plainly visible to all potential buyers.
The approved subdivision or land development plan shall include the
record plan complete with all approval notations and all accompanying
plans approved with the record plan.
B.
Before signing a sales agreement for a newly constructed property
or a newly subdivided lot for a residential building, buyers shall
sign a disclosure statement that verifies that the seller has been
provided all relevant information described below and limitations
or restrictions associated with them which is clearly displayed on
plans with appropriate narrative materials including:
(1)
Common areas such as park lands, streets, and open space which is
part of the subdivision or land development or adjacent to it. Any
improvements to these common areas that may occur in the future as
described during the development process or as noted on the plans
should be discussed.
(2)
All lot lines in the development.
(3)
All limits to the use of the lot subject to purchase, including the
setbacks for building, building coverage restrictions, and height
restrictions.
(4)
All uses permitted in the development under current zoning.
(5)
All dimensional requirements for accessory structures on the lot
to be purchased.
(6)
Any easements, deed restrictions, or conservation areas in the development
and what limitations they make to the property.
(7)
Membership requirements for the homeowners association. A copy of
the homeowners association or condominium agreement shall be provided.
(8)
The location of all wetlands in the development.
(9)
The location of all 100-year floodplains in the development.
(10)
The location of steep slopes.
(11)
The location all stormwater management facilities including
maintenance requirements and drainage easements.
(12)
Public pathways and trails.
(13)
The zoning of the land that adjoins the development.
(14)
Proposed new road rights-of-way in or adjoining the development
including the extension of temporary culs-de-sac.
All requests for modifications shall be submitted on an application
form provided by the Borough, or, if acceptable to the Borough staff,
take the form of a letter containing the following information. All
subsequent submissions of subdivision and/or land development applications
shall include information on all requested waivers.
