The standards, requirements and procedures contained
in this article shall govern the submission and processing of all
applications for subdivisions and/or land developments in the Township.
[Added 6-26-1997 by Ord. No. 419]
A.
An applicant for an improvement on an existing developed
lot which will not involve an increase to impervious surface on said
lot of 10% of that existing prior to the new improvement, or 2,000
square feet, whichever is less, may elect to proceed under the following
procedure.
B.
De minimis improvement process.
(1)
An applicant who elects to proceed under these provisions
shall submit, together with the appropriate fees, the following: A
de minimis improvement application, a building permit application
setting forth the proposed improvement, the costs thereof and any
changes to be made to the land. The Township Manager, or his designee,
shall review the application pursuant to all applicable Township ordinances.
(2)
Upon completion of the appropriate review, the applicant
shall agree, in writing, to those conditions, improvements and/or
requirements as determined by the review; upon the applicant's agreement,
the application will be approved and the appropriate permits will
be issued. In the event that the applicant does not agree with the
review conclusions, the applicant agrees that the application shall
be withdrawn. The applicant may elect to amend and resubmit the application
under the standard land development procedure as set forth in this
chapter.
A.
Tentative sketch plan. Applicants for subdivision
and/or land developments are encouraged to submit a tentative sketch
plan to enable the Planning Commission to provide informal advice
and guidance to an applicant prior to the preparation of preliminary
plans.
[Amended 4-6-2000 by Ord. No. 445]
B.
Minor subdivision plan. The purpose of the minor subdivision plan is to allow for simplified plan submission and processing requirements for subdivisions which are minor in nature. Minor subdivision plans shall be submitted in accordance with the provisions of §§ 123-14 and 123-15 and in accordance with the following criteria:
(1)
Criteria for minor subdivisions. A subdivision of
a tract of land that:
(a)
Contains four lots or less.
(b)
Has not been part of a subdivision during the
five-year period prior to the current application which has the effect
of creating a qualifying parcel or parcels from a larger, nonqualifying
tract.
(c)
Presently fronts on a physically improved street
that is legally open to the public.
(d)
Will not involve the construction of any new
street or road, the extension of municipal facilities or the creation
of any other public improvements.
(e)
Requires a variance(s) and/or special exception(s)
from the Zoning Hearing Board for no more than one of the proposed
lots on which new construction will occur or may occur in the future.
(f)
Is in general conformance with the Township
Comprehensive Plan and other plans.
(g)
Will not involve significant stormwater or erosion
control problems as determined by the Township Engineer.
(2)
Disqualification. The Township Manager may require
a preliminary plan submission in place of a minor subdivision plan
when conditions warrant it, at the advice of the Township Planning
Commission or the Township Engineer.
C.
Minor land development plan. The purpose of the minor land development plan is to allow for simplified plan submission and processing requirements for land developments which are minor in nature. Minor land development plans shall be submitted in accordance with the provisions of §§ 123-15, 123-16 and 123-17 and in accordance with the following criteria:
(1)
Criteria for minor land developments. A land development
on a tract of land that:
(a)
The total land area of the tract is less than
five acres.
(b)
The tract has frontage on an existing, improved
public street.
(c)
No new road construction is required.
(d)
Less than 25,000 square feet of gross leasable
area is proposed if nonresidential.
(e)
No land development of the same tract, under
the same ownership, has occurred during the five-year period prior
to the current application; nor has a subdivision occurred during
the same five-year period which has the effect of creating a qualifying
parcel or parcels from a larger, nonqualifying tract.
(f)
Will not involve significant stormwater or erosion
control problems as determined by the Township Engineer.
(2)
Disqualification. The Township Manager may require
a preliminary plan submission in place of a minor land development
plan when conditions warrant it, at the advice of the Township Planning
Commission or the Township Engineer.
D.
Preliminary plan. A preliminary plan shall be submitted for any proposed subdivision and land development in the Township that does not qualify for submission as a minor subdivision or a minor land development. Applicants submitting a preliminary plan shall conform to the standards and provide the required information as described in § 123-18.
E.
Final plan. A final plan shall be submitted for all
proposed subdivisions and land developments in the Township.
(1)
A final plan shall consist of two parts, the record plan prepared by a registered engineer and/or surveyor, as described in § 123-20A, which is to be recorded upon approval, and the improvement construction plan prepared by a registered engineer showing construction details as described in § 123-20B.
(2)
A plan showing all information required for a final
plan, which has been submitted as a preliminary plan and for which
no changes have been required by the Township, may be approved as
a final plan.
F.
Amended preliminary or final plan.
(1)
In the event that the preliminary or final subdivision
or land development plan is amended, changed, revised or altered in
any respect after the original submission date, the subdivider or
developer shall execute a statement indicating that:
(a)
The original plan is withdrawn.
(b)
The amended, changed, revised or altered plan
is submitted in lieu of the original plan.
(c)
The developer or subdivider extends the time
for consideration of the plan for 90 days from the date of the next
regularly scheduled Township Planning Commission meeting following
the date of filing of the changed, amended, revised or altered plan.
(2)
A revised, changed, altered or amended plan shall not be accepted by the Township until the subdivider has executed a statement that complies with all of the requirements of Subsection F(1) above.
(3)
In the event that the developer or subdivider refuses
to extend the time for plan approval for 90 days from the date of
the next Planning Commission meeting after the filing of the amended,
revised, changed or altered plan, then the Supervisors shall, at the
next public meeting, deny the original application, citing specifically
where the original application is not in compliance with Township
ordinances.
[Amended 1-16-2003 by Ord. No. 476; 9-21-2006 by Ord. No. 555]
A.
All applications for approval of a subdivision or
land development plan shall be made by the developer as follows:
(1)
Applications for subdivision or land development accompanied
by an application form, the required copies of the proposed plan and
appropriate fees shall be received at the Township building by the
Township Manager or Township designee.
(2)
Date of acceptance required; fees; electronic copies;
plans required.
(a)
The date of acceptance shall be stamped on each
copy of the plan, and the appropriate fees shall be received in accordance
with the current schedule of fees of both the Lower Providence Township
and the Montgomery County Planning Commission.
(b)
All applications must be accompanied by an electronic
copy for all plan sheets of the subdivision or land development plan
in a PDF or JPEG format on a CD.
(c)
An erosion and sedimentation control plan, landscaping
plan, PADOT plan, if applicable, and lighting plan must be included
with all subdivision and land development plans.
(3)
A cursory examination of the application will be conducted
to ensure basic compliance with the plan submission requirements of
this article. Incomplete applications shall be returned to the applicant
with a statement of the reason(s) for rejection.
C.
The Township Manager or Township designee may distribute
additional copies of the accepted plan to other appropriate persons,
agencies or groups, as needed, including the following:
D.
E.
Notification procedures.
(1)
Duty to post the property. Any applicant submitting
a plan of subdivision or land development, as defined by the Subdivision
and Land Development Ordinance, shall be required to post the property
which is the subject of the application or submission with conspicuous
all-weather signs, referred to as "notification sign," of a size no
less than 24 inches by 36 inches nor more than 36 inches by 48 inches,
at no more that 48 inches high, upon which sign or signs shall appear
the following wording:
|
"THIS PROPERTY IS THE SUBJECT OF A LAND DEVELOPMENT
OR SUBDIVISION. PERSONS WHO MAY BE INTERESTED IN THE PLANS OR PROPOSED
DEVELOPMENT SHOULD CONTACT LOWER PROVIDENCE TOWNSHIP AT (610) 539-8020
OR e-mail:
| |
|
planning@lowerprovidence.org"
|
(2)
Location and number of signs. There shall be a minimum
of one notification sign conspicuously placed upon each road frontage
of the property which is the subject of subdivision or land development
proposal submission to the Township. In addition, on each road frontage
exceeding 500 linear feet in uninterrupted length on properties which
are the subject of subdivision or land development application submitted
to the Township, there shall be one notification sign posted for each
500 linear feet of road frontage. The signs shall be located at a
maximum height of four feet above the ground as measured to the top
of the sign.
(3)
Affidavit of posting notification sign. An applicant
for subdivision or land development approval for any property located
in Lower Providence Township posting any notification signs shall,
as part of the applicant's initial submission, file with the Township,
as part of the initial application process, an affidavit of posting
executed by the applicant, under oath, attesting to the installation
of a notification sign or signs, the location of said sign or signs
and the date of said installation. Simultaneously, with the filing
of the affidavit of posting, the applicant shall file with the Township
a photographic evidence of the placement of the notification sign
or signs.
(4)
Time for installation and duration of notification
signs. Any notification sign or signs required to be posted in compliance
with the provisions of this subsection must be installed on the premises
within 72 hours of filing any subdivision or land development plans
with the Township, and no application for subdivision or land development
plan approval shall be deemed completed until the sign or signs are
installed and an affidavit of posting has been filed with the Township.
Any notification sign or signs installed as required by the provisions
of this subsection shall remain posted on the premises which are the
subject of the application throughout the term of the subdivision
or land development review process and until a final determination
on the subdivision or land development plan has been rendered by the
Board of Supervisors of Lower Providence Township.
The Township Manager shall distribute copies
of the accepted plan to other persons, agencies or groups outside
the Township, including the following:
A.
Montgomery County Planning Commission. Copies of all
tentative sketches and preliminary and final plans, along with the
appropriate fee, shall be submitted to the Montgomery County Planning
Commission for its review and comments. The Township shall not approve
any applications for subdivision or land development until the County
report is received or until 30 days from the date the application
was forwarded to the County have expired, in accordance with Act 247[1] and the policies of the Montgomery County Planning Commission.
In no instance shall the date the application was forwarded to the
County be considered to be earlier than five days prior to the County's
receipt of the request.
[Amended 8-10-1992 by Ord. No. 384]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Montgomery County Conservation District. One copy
of preliminary plans shall be submitted to the Montgomery County Conservation
District for review of matters relating to drainage and abatement
of soil erosion.
C.
Additional agencies as deemed appropriate by the Township,
including but not limited to the Pennsylvania Department of Environmental
Protection and the Pennsylvania Department of Transportation. Reviews
from such additional agencies shall be submitted to the Township no
later than 45 days from the date specified in the request for review.
The Township shall submit plans to these agencies within five days
after receipt.
[Amended 4-6-2000 by Ord. No. 445]
A.
Submission of tentative sketch plan. Tentative sketch
plans may be submitted for informal discussion by a property owner
or developer and the Township Planning Commission. The submission
of a tentative sketch plan shall be optional and shall not be required
and shall not constitute the submission of an application for approval
of a subdivision or land development plan.
B.
Number of copies of tentative sketch plan. In the
event that a tentative sketch plan is submitted by a property owner
or developer for informal discussions with the Township staff or Planning
Commission, 20 copies should be submitted for distribution to the
Township Engineer, Planning Commission, Board of Supervisors and the
Montgomery County Planning Commission or Township Planner.
[Amended 9-21-2006 by Ord. No. 555]
C.
Contents of tentative sketch plan. Tentative sketch
plans should be drawn legibly, to scale, but not necessarily showing
precise dimensions, and may show the following information:
(1)
The name of the subdivision or land development and
the name of the municipality.
(2)
A location plan showing the subject tract and the
surrounding road network, including a key map.
(3)
The name and address of the owner, agent, engineer,
surveyor and architect, as applicable.
(4)
The tract boundary and location by deed plotting.
(5)
A North point and scale.
(6)
The existing and proposed road and lot (or structure)
layout.
(7)
Significant topographical and physical features, such
as soils, floodplains, steep slopes (over 15%), woodlands and existing
structures.
(8)
Proposals for control of drainage runoff.
(9)
Proposals for community facilities.
(10)
Any additional information which the applicant
believes will help explain the proposal. It is to the applicant's
advantage to show as much of the above-listed information as possible.
Although the Planning Commission will discuss any plan presented,
a lack of significant information may result in little useful guidance
to the applicant.
[Amended 4-6-2000 by Ord. No. 445]
The following review procedures will apply to
tentative sketch plan review:
A.
Tentative sketch plans should be presented to the
Township Planning Commission for informal discussion at a regularly
scheduled Planning Commission meeting, following a request made to
the Township Zoning Officer or Manager to be placed on the agenda.
B.
The purpose of a tentative sketch plan submission
is to provide informal advice and guidance to an applicant prior to
preparation of preliminary plans, and, therefore, it does not constitute
a formal plan submission and is not subject to a time limit.
C.
The Township Planning Commission may make nonbinding
suggestions and recommendations to the applicant during the meeting
at which the plan is discussed. These need not be presented in writing
to the applicant; however, suggestions should be summarized in the
minutes of the Township Planning Commission for reference.
D.
If a proposal is large or complex, the Township Planning
Commission may defer completing its comments and recommendations until
it has consulted its technical advisors; however, the Planning Commission
will try to expedite this informal review process.
Contents of minor subdivision plans. Applicants
submitting a minor subdivision plan shall conform to the standards
and provide the required information as described below:
A.
Drafting standards.
(1)
The plan shall be clearly and legibly drawn to a scale
not in excess of one inch equals 50 feet, except that, if the parcel
being subdivided is five acres or larger, the plan may be drawn to
a scale not in excess of one inch equals 100 feet.
(2)
Dimensions shall be in feet and decimals, and bearings
all be shown in degrees, minutes and seconds.
(3)
The plan shall show the courses and distances of the
boundary line survey of the entire land to be subdivided.
(4)
The sheet or sheets shall be one of the following
sizes: 15 inches by 18 inches, 18 inches by 30 inches or 24 inches
by 36 inches.
(5)
If more than one sheet is necessary, each sheet shall
use the same scale, shall be the same size and consecutively numbered
to show its relation to the total number of sheets comprising the
plan, i.e., Sheet No. 1 of five sheets, etc. A key map shall be provided
to show the relationship of all sheets together.
B.
Location and identification. Each plan shall provide:
(1)
The name of the subdivision or land development.
(2)
A key map relating the subdivision or land development
to at least three existing intersections in the Township.
(3)
The name and address of the owner(s) and, if applicable,
the name and address of the agent. Some proof showing the agent's
relationship to the owner shall also be submitted with the plan.
(4)
The name, address and signature of the registered
surveyor responsible for the property lines shown on the plan; and
the name, address and signature of the registered engineer responsible
for the design and layout of public and/or private improvements. The
professional seal of the surveyor and/or engineer is required on the
plan prior to final plan approval in compliance with the laws of the
Commonwealth of Pennsylvania.
(5)
A statement of total tract size.
(6)
The date of preparation or revision of the plan, the
scale and a North point.
(7)
A legend sufficient to clearly differentiate between
existing and proposed conditions.
(8)
The plan shall include a note setting forth the present
land use and the zoning requirements, including the applicable lot
size and yard requirements. The plan also shall show the requirements
of any other Township ordinance, if any, on both the land to be subdivided
and the adjacent land.
C.
Existing features.
(1)
Streets bordering or crossing the tract, showing names,
right-of-way and cartway widths and surface conditions.
(2)
Locations of other streets within 200 feet of the
tract.
(3)
The approximate locations of sanitary and/or storm
sewer lines.
(5)
Contours obtained from United States Geological Survey
maps for subdivisions, minimum five-foot intervals for land developments.
(6)
The location and description of existing buildings
and other structures, labeled "To Remain" and designated with solid
lines or "To Be Removed" and designated with a broken line, as applicable;
also, the location and description of existing buildings and other
structures less than 50 feet beyond the tract boundaries.
(7)
Outer limits of tree masses and woodlands.
(8)
Locations of any natural or man-made features which
may affect the developability of the land, such as quarries, marshlands,
etc., within the property and up to 50 feet beyond the tract boundaries.
(9)
Locations and descriptions of major utilities, such
as pipelines and electric transmission lines, both above and below
ground, with a note describing additional setback or development restrictions
required in their regard.
(10)
Areas subject to deed restrictions or easements.
(11)
Location and boundaries of all soil types.
[Amended 8-10-1992 by Ord. No. 384]
(12)
The plans shall reference any land to be dedicated
or reserved for public or common use.
D.
Proposed layout.
(1)
The layout and dimensions of all lots, including the
net lot area of each in square feet and/or acres.
(2)
All building setback lines shall be shown with distances
from the ultimate right-of-way lines.
(3)
The location of areas reserved for future access,
noted on the plan.
(4)
A planting plan showing the location, species, size
and number of all required plant materials.
[Added 8-10-1992 by Ord. No. 384]
E.
Additional requirements for minor subdivision within floodplains. Minor subdivision applications for land within floodplains must conform to the applicable requirements established for such lands in § 123-18B of this article.
F.
Stormwater and Erosion Control Ordinance requirements.
All subdivisions and land development shall be subject to all of the
requirements of the Township Stormwater and Erosion Control Ordinance.[1] A stormwater and erosion control plan, when required by
the Stormwater and Erosion Control Ordinance, shall be submitted concurrent
with the minor subdivision plan application.
Minor subdivision plans shall be submitted for all minor subdivisions subject to the following procedures and subject to the requirements of § 123-14:
A.
Twenty copies of the plan shall be submitted to the
Township Manager or Zoning Officer, in person, by the applicant or
applicant's agent, at the Township Building during regular working
hours.
[Amended 9-21-2006 by Ord. No. 555]
B.
Plans shall be accompanied by:
C.
The plan submission date will be stamped on the plan only if the application complies with the requirements of § 123-9G of this Part 1.
D.
The Township Manager or Zoning Officer shall distribute
copies of the plan to the following for review and recommendations:
(1)
The Township Planning Commission.
(2)
The Board of Supervisors.
(3)
The Township Engineer.
(4)
The Montgomery County Planning Commission, along with
the required review fee and request for review.
(5)
The Township Solicitor, other Township boards or officials,
sewer and/or water authorities and/or other technical consultants
as needed.
E.
Upon completion of its review of the minor subdivision
plan, which should include consideration of the timely recommendations
of the Township Engineer, Montgomery County Planning Commission and
other technical advisors, when requested, the Township Planning Commission
shall communicate its recommendations to the Board of Supervisors.
F.
The Board of Supervisors shall have a ninety-day time
period to act on the plan unless the applicant has agreed, in writing,
to an extension of the time period.
(1)
The ninety-day time period shall be measured from
the date of the next regularly scheduled Township Planning Commission
meeting following the plan submission date.
(2)
If the next regularly scheduled Township Planning
Commission meeting occurs more than 30 days following the plan submission
date, then the ninety-day time period shall be measured from the 30th
day following the plan submission date.
(3)
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 the effects
of the ninety-day time period for the additional number of days agreed
to in writing.
G.
The Board of Supervisors shall consider the minor
subdivision plan application at one or more of its public meetings
during the ninety-day time period, and/or extension thereof, if applicable,
and shall render a decision on the plan following receipt of the recommendations
of the Township Planning Commission, Township Engineer, Montgomery
County Planning Commission and/or other technical advisors as requested.
H.
Procedure following the Board's decision. When the
Board of Supervisors makes a decision on a minor subdivision plan,
one of the following procedures will be followed, depending on the
type of decision:
(1)
Denial. If the Board denies approval of a minor subdivision
plan in terms as filed by the applicant, then the written notification
to the applicant shall specify the defects found in the application
and shall describe the requirements which have not been met and shall
cite the provisions of the statute or ordinance relied upon.
(2)
Approval. If the Board approves a minor subdivision
in terms as filed by the applicant, then the Township Manager will
so certify thereon, and two copies of the approval plan will be forwarded
to the applicant. The applicant shall then submit two paper copies
and two Mylar or linen copies of the approved plan for Township Seal
and signature.
(3)
Approval subject to conditions.
(a)
If the Board 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 and specify the defects
found in the application, describe the requirements which have not
been met and cite the provisions of the statute or ordinance relied
upon for denial of the plan.
(b)
Following submission of written agreement to
the conditions specified by the Board, the applicant shall submit
two paper copies and two Mylar or linen copies of the minor subdivision
plan, which show compliance with the conditions, by plan revision
or notation, for Township Seal and signatures.
I.
Concurrent preliminary and final plan approval.
(1)
The minor subdivision plan may be granted concurrent preliminary and final plan approval when the following certifications are placed on the plan and subject to the requirements of Subsection I(2) below:
(a)
The signature and seal of the registered surveyor,
certifying that the plan represents a survey made by him, that the
monuments shown thereon exist as located and that the dimensional
and geodetic details are correct.
(b)
The signature of the owner or agent, certifying
his adoption of the plan and changes thereto.
(c)
The signature of the Township Planning Commission,
certifying approval of the minor subdivision plan and any changes
thereto on the date shown to the Board of Supervisors.
(d)
Certification by the Zoning Hearing Board that
any required special exceptions and variances have been granted.
(e)
The signature of the Township Board of Supervisors,
certifying approval of the plan.
All proposals which qualify for submission as
minor land development plans shall be submitted under the provisions
of this section. The submission requirements and review procedures
have been simplified for minor land developments to enable the Board
of Supervisors to grant concurrent preliminary and final plan approval
for minor land development plans. Contents of minor land development
plans shall be as follows:
A.
Minor land development plans shall provide the required information as described in § 123-14A of this article.
B.
In addition, the following shall be shown on the plan:
(1)
All new covenants relating to use.
(2)
Man-made features for the use of two or more prospective
occupants.
(3)
The lot size, floor area and/or gross leasable area
as applicable; zoning classification and applicable requirements for
each intended use.
(4)
The density and/or intensity of the use, including
the bedroom mix, if applicable.
(5)
The location and placement of accessory structures
and facilities.
(6)
All roads, driveways, parking facilities and pedestrian
ways, including the total number of parking spaces.
(7)
The locations, areas and types of common open space
and/or recreation facilities.
(8)
A conceptual site utilization layout defining the
general location of proposed uses and activities.
(9)
Specifications for required improvements and changes
to be effected upon the existing terrain or existing structures thereon.
(10)
Other information deemed necessary by the Township.
Minor land development plans shall be submitted for review subject to the submission requirements of § 123-16 and in accordance with the procedures below:
Preliminary plans shall be submitted for all
proposed subdivisions and land developments not eligible for submission
as a minor subdivision or a minor land development.
A.
Contents of preliminary plans. Preliminary plans shall provide the required information as described in § 123-14, and in addition, land developments shall provide the information required in § 123-16 of this article. In addition, preliminary plans shall provide the information below:
[Amended 8-10-1992 by Ord. No. 384; 9-6-2001 by Ord. No. 458; 9-21-2006 by Ord. No. 555]
(1)
Existing features outside the tract. For a distance
of 200 feet outside the boundary of the tract being subdivided or
developed, the plan shall show the following information either by
providing an aerial photograph attached to the plan or by providing
the following information as deemed required by the Township Engineer:
(a)
Property lines, present land use, zoning district
and current owners.
(b)
The location, names and width (both cartway
and right-of-way) of existing and proposed streets.
(c)
The location of private wells and on-site sewage
disposal systems.
(d)
The location and size of existing and proposed
sanitary sewers, manholes, storm sewers and inlets.
(e)
The location and size of all watercourses and
the boundaries of floodplains.
(f)
Man-made structures.
(g)
Natural features, including topography. Steep
slopes over 15% shall be delineated.
(h)
Areas subject to covenants, deed restrictions
or easements.
(i)
Other information deemed necessary by the Township
Engineer.
(2)
Existing features within the tract. Within the tract to be subdivided or developed, the plan shall show all the information required in Subsection A(1) above, plus the following:
(a)
The location, nature and use of all structure(s)
located on the land, including the structures to be demolished, as
well as those to be retained and/or preserved.
(b)
If applicable, the location, names and dimensions
of existing roads, including paving widths, curbline radii at intersections
and road location tie-ins by courses and distances to the nearest
road intersection.
(c)
Existing contours shall be at vertical intervals
of two feet. Where reasonably practicable, data shall refer to known
established elevations or to the United States Geological Survey datum.
One hundred feet shall be the largest horizontal distance between
intervals.
(d)
Areas of 15% or more in slope.
(e)
Areas subject to deed restrictions or easements.
(f)
The location and type of soil conditions as
per the Montgomery County Soil Survey, 1967, or as amended or by other
survey reports prepared by qualified agencies or firms; a description
of each soil type, limitation of the soils for on-lot sewage disposal
and erosion resistance levels with wetlands and hydric soils clearly
labeled on the plan.
(g)
The location, species and size of existing trees over eight inches in diameter measured 12 inches above the natural ground standing alone and their outer limits and the outer limits of tree masses; the location of quarries, marshlands and other topographical features which may affect the location of proposed streets or buildings. Label tree masses to show typical species of large trees present with trunks eight inches in diameter or more measured 12 inches above the natural ground. Trees in hedgerows, groves and woodlands shall be shown on the plan. Existing trees shown as masses must be labeled with an approximate quantity and caliper as calculated per § 123-51H on the plan.
(h)
Other information deemed necessary by the Township.
(3)
Proposed features and improvements within the tract.
Within the tract to be subdivided or developed, the plan shall show
the following information:
(a)
The location of existing and proposed private
wells and sewage disposal systems; documentation of approval of proposed
sewerage systems by the Township sewage enforcement officer.
(b)
The location and size of existing and proposed
utilities above and below the ground, e.g., electric facilities, fire
hydrants, gas mains and water lines.
(c)
The location of soil test holes.
(d)
If applicable, the location, names, widths and
other dimensions of proposed roads, including paving widths, curblines,
rights-of-way, curbline radii at intersections and street location
tie-ins by courses and distances to the nearest road intersection.
(e)
A tentative cross section and center-line profile
for each proposed or widened cartway shown on the preliminary plan,
including the profile for proposed sanitary sewers and storm drains,
showing manholes, inlets and catch basins.
(f)
Preliminary design of any bridges, culverts
or other structures and appurtenances which may be required.
(g)
The plan shall reference any land to be dedicated
or reserved for future road widening or other public or common use.
(h)
The location and size of open space or recreation
areas.
(i)
A tentative sketch of future road and lot layout
for remaining land not proposed for subdivision or development, showing
integrated plans for developing the entire property. Such plans for
future development shall not be included on the record plan.
(j)
(Reserved)
(k)
A tentative grading plan of proposed roads to
an existing road at a point of 100 feet beyond the boundaries of the
tract.
(l)
A tentative grading plan around all proposed
structures and improvements. A stormwater and erosion control plan
shall be submitted in accordance with the requirements of the Township
Stormwater and Erosion Control Ordinance.[1]
(m)
Building setback lines (front yard lines) with
distances from the ultimate right-of-way line and side and rear lines
on all proposed lots.
(n)
For any land development, total building coverage,
total impervious coverage and the area of the total tract devoted
to each use or group of uses.
(o)
The location of accessory structures and facilities.
(p)
A planting plan prepared, signed and sealed
by a landscape architect shall be required for all landscaping, which
shall clearly show and list the locations, size, species and number
of plant materials proposed to be used, categorized to show conformance
with the requirements of this Part 1. In addition, grading of the
mounds, if used, shall also be shown using one-foot contour intervals,
and all plantings must be shown to be clearly outside of any utility
easements or right-of-ways. Planting schedule and specifications and
tree protection fencing must be shown on the plan.
(q)
Proposed contours at vertical intervals of two
feet.
B.
Floodplain areas.
(1)
The regulations contained herein shall apply in those areas identified as floodplains, as defined in Article XXIV of Chapter 143, Zoning, as the Floodplain Conservation District. The Flood Boundary-Floodway Map shall be available in the Lower Providence Township Building for inspection. In regard to the adopted Floodplain Conservation District, the regulations contained herein shall apply to those areas defined and established as floodplains and not in conflict with the information provided in the Flood Insurance Study.
(2)
The regulations contained herein are identified to
conform to the requirements of Section 1910.3d of the National Flood
Insurance Program, P.L. 93-234. Furthermore, it is the purpose of
these regulations to:
(a)
Regulate the subdivision and development of
floodplain areas in order to promote the general health, welfare and
safety of the community.
(b)
Require that each subdivision lot or development
site in floodplain areas be provided with a safe building site with
adequate access and that public facilities which serve such sites
be designed and installed to preclude flood damage at the time of
initial construction.
(c)
Protect individuals from buying lands which
are unsuitable for use because of flood hazards by prohibiting the
subdivision and development of unprotected floodplain areas.
(3)
Prospective developers shall consult with the Zoning
Officer to make a determination as to whether or not the proposed
subdivision or land development is located within an identified floodplain.
(4)
Where not prohibited by this or any other codes or
ordinances, land located in a floodplain may be subdivided or developed
with the provisions that the developer construct all buildings and
structures to preclude flood damage in accordance with this and any
other codes or ordinances regulating such development.
(5)
Where the subdivision or land development lies partially
or completely in a floodplain or where the subdivision or land development
borders on a floodplain, the plan shall include detailed information
identifying the following.
Preliminary plans shall be submitted for review subject to the submission requirements of § 123-18 and in accordance with the procedures below:
B.
Certificates. Upon approval, the preliminary plan
must show:
(1)
The signature and seal of the registered surveyor
verifying that the plan represents a survey made by him; that the
monuments exist or will be placed as located; and that the dimensional
and geodetic details are correct.
(2)
The signature of the subdivider, developer or builder
verifying his adoption of the plan and any changes thereto.
(3)
The signature of the Township Manager certifying that
the Board of Supervisors have approved the preliminary plan and any
changes thereto on the date shown.
(4)
The signature and seal of the registered professional
engineer verifying that the plan of improvements is true and correct
and made by him.
Applicants submitting a final plan shall conform
to the following standards:
A.
Record plan (final subdivision 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, all lettering and lines shall be drawn so as to
still be legible should the plan be reduced to half size.
(2)
Information to be shown. The plan, which shall include
all portions of an approved preliminary plan, shall also show:
(a)
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 of 10,000.
(b)
The location, material and size of all monuments.
(c)
Descriptive data of ultimate right-of-way lines,
so that a single deed may be drawn to the appropriate authority for
the dedication of roads by the subdivider, developer or builder.
(d)
Evidence shall be provided that the plans are in conformance with Chapter 143, Zoning, and other applicable Township ordinances and regulations. In any instance where such plans do not conform, a notation on the plan shall identify the special exceptions or variances that have been officially authorized.
(e)
When only a portion of the tract is being reviewed
relative to the subdivision or land development but where future subdivision
or development is imminent, the applicant shall demonstrate that the
remainder of the tract or parcel may be subdivided or developed in
conformance with the existing zoning classification of land use in
a logical and satisfied manner, as a condition of approval of his
plan; such plans for future subdivision or land development shall
not be made a part of the record plan.
(3)
Certificates. When approved, the record plan must
show:
(a)
The signature of the registered surveyor certifying
that the plan represents a survey made by him, that the monuments
shown thereon exist as located and that the dimensional and geodetic
details are correct.
(b)
The signature of the owner or agent, certifying
his adoption of the plan. If an agent is signing a plan on behalf
of the property owners, his authority to do so shall be filed on record
with the Township and the Montgomery County Recorder of Deeds' office.
(c)
The signature of the Township Planning Commission
certifying to the Board of Supervisors approval of the plan on the
date shown.
(d)
The signature of the Township Board of Supervisors.
(e)
The signature and seal of the registered professional
engineer verifying that the plan of improvements is true and correct
and made by him.
B.
Improvement construction plan.
[Amended 8-10-1992 by Ord. No. 384]
(1)
Drafting standards. The same standards shall be required
for an improvement construction plan as for a preliminary plan, except
that the horizontal scale of the plan and profile shall not be in
excess of 50 feet to the inch, and the vertical scale of the plan
shall be two, five or 10 feet to the inch, whichever is most appropriate.
(2)
Information to be shown. The plan shall contain sufficient
information to provide working plans for the construction of the proposed
roads, or any portion thereof, including all appurtenances, sewers
and utilities, as shown on the approved preliminary plan, from one
existing or approved road to another or, in the case of a cul-de-sac,
to its turnaround. Said 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 each stage of construction,
as applicable.
[3]
Stations corresponding to those shown on the
profile.
[4]
The location and size of sanitary sewers and
lateral connections with distances between manholes, water, gas, electric,
and other utility pipes or conduits, storm drains and inlets.
[5]
The location, type and size of curbs and all
paving widths.
[6]
The location and species of all shade trees
and the location and type of fire hydrants and streetlights.
(b)
Profiles. The profile shall be a vertical section
of the road with details of vertical alignment as follows:
(c)
Cross section. The cross section shall comply
with the Township Engineer'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:
(d)
Additional information. The following additional
information shall be submitted with the improvement construction plan:
[1]
All required local, state and federal permits
shall be submitted. These permits may include Montgomery County, Pennsylvania
Department of Transportation or Lower Providence Township permits
or Department of Environmental Protection permits for drainage, stream
alteration, dams, erosion and sedimentation control, air pollution
or sanitary sewer facilities.
[2]
The following statement shall be required on
the record plan: "The approved improvement construction plan, a copy
of which may be inspected at the office of Lower Providence Township,
has been made a part of the approved final plan."
[3]
All engineering calculations which support the
proposed improvements, such as drainage calculations, sanitary facility
design calculations or structural calculations.
(3)
Certificates. When approved, the improvement construction
plan must show:
(a)
The signature and seal of the registered engineer
certifying that the plan was made by him and that dimensional and
construction details are correct.
(b)
The signature of the subdivider, developer or
builder certifying his adoption of the plan and any changes thereto.
(c)
The signature of the Township Manager certifying
that the Board of Supervisors has approved the improvement construction
plan and any changes thereto on the date shown.
Following preliminary plan approval, a final plan shall be submitted in accordance with the following procedure and subject to the requirements of § 123-15 of this article, except for those plans exempted in compliance with § 123-15I of this article, Concurrent preliminary and final plan approval.
A.
The final plan shall conform to the preliminary plan
as approved by the Board of Supervisors, including all required modifications
and conditions agreed to by the applicant.
C.
Twenty copies of the final plan shall be submitted
to the Township Manager or Zoning Officer, accompanied by the Township
filing fee and required administrative forms.
[Amended 9-21-2006 by Ord. No. 555]
D.
The plan submission date will be stamped on the plan,
and the application for final plan approval shall be placed on the
agenda of the next regularly scheduled meeting of the Township Planning
Commission following the plan submission date.
E.
Copies of the plan will be distributed to the following
for review and comments:
G.
A final plan shall not be approved until the Board
of Supervisors is assured that:
(1)
The plan conforms to the approved preliminary plan.
(2)
All engineering and other technical details have been
resolved to the satisfaction of the Township Engineer and other technical
advisors when needed.
(5)
The plan complies in all respects with applicable
Township ordinances or that appropriate variances or waivers have
been granted for features that do not comply.
(6)
All necessary permits have been obtained from the
applicable regulatory agencies, authorities or departments.
H.
When the final plan is approved, the applicant shall
present two paper copies, two linen or Mylar copies and one Auto CAD
2000 or similar disk media copy of the plan in a file format acceptable
to the Township to be signed by the Chairman of the Board of Supervisors
or the Township Manager, together with the date of the approval and
the Official Township Seal.
[Amended 12-2-2004 by Ord. No. 519; 9-21-2006 by Ord. No. 555]
Every applicant for final plan approval or concurrent
preliminary/final plan approval shall execute an agreement with the
Township before the final plan is released by the Board of Supervisors
and recorded. The agreement shall be approved by the Board of Supervisors
and the Township Solicitor and shall specify the following, where
applicable:
A.
The applicant agrees to lay out and construct any
and all improvements required as conditions of approval, including
but not limited to streets, grading, paving, curbs, gutters, sidewalks,
water mains, sanitary sewers, fire hydrants, storm sewers, erosion
and sediment control measures, landscaping, buffers, open space areas,
street signs, streetlights and traffic control devices in accordance
with the preliminary plan as approved.
C.
The applicant agrees to tender a deed or deeds of dedication to the Township, or applicable jurisdiction, for such streets and for such easements for sanitary and storm sewers, drainage, sidewalks, manholes, inlets, pumping stations and other appurtenances to be constructed as public improvements, provided that the Township shall not accept dedication of such improvements except in accordance with § 123-62 of this Part 1.
D.
Whenever an applicant proposes to establish a private street which is not offered for dedication and the use of a private street has been approved by the Township, the Board of Supervisors shall require the developer to submit an agreement with the Township on the private street(s) in accordance with § 123-30D(4) of this Part 1.
E.
The applicant agrees to maintain, at the owner's cost,
said streets, curbs, sidewalks, drainage facilities, water and sewer
facilities, street signs, parks, monuments, fire hydrants, streetlighting,
cap sewers and other improvements until the same are accepted or condemned
by the Township for public use and, for a period of one year thereafter,
to repair and reconstruct the same or any part of one of them when
such repair or reconstruction shall be specified by the Board of Supervisors
as necessary by reason of faulty construction, workmanship or materials
and at or before acceptance of such improvements by the Township.
F.
To install, or cause to be installed, at the owner's
expense and without any cost to the Township for any part of such
installation, streetlighting facilities on all streets within and
abutting the subdivision.
G.
To pay all costs, charges or rates of the utility
furnishing electric service for the lighting of the street on or abutting
said subdivision, from the lights installed by the owner, until such
times as the street shown on the subdivision plans shall be accepted
as public streets of the Township by resolution, approved by the Court
of Quarter Sessions, or condemnation proceedings, and to indemnify
and save harmless the Township from and against any suit, actions,
claims and demands for electric service to the streets shown on said
plans, or any part thereof, to the time that said streets shall be
accepted as public streets of the Township in the manner hereinabove
set forth.
H.
To pay the inspection fees required by the Township.
I.
To obtain the easements and releases required when
any street, drainage facility or other improvement wherein a subdivision
abuts or traverses land of persons other than the person holding legal
title to the lands of the subdivision at his own cost and obtain from
the owner of the lands so abutted or traversed full releases from
all damages which may change grade, construction or otherwise of the
street, drainage facility or other improvements, and such releases
shall inure to the benefit not only of the owner of the subdivision
but to the Township as well.
J.
To promptly remove or cause to be removed snow from
the streets as may be required for safe traverse of the streets prior
to dedication.
K.
To reimburse to the Township all reasonable fees of
the Township Engineer, Township Solicitor and other consultants incurred
by the Township for the review of any preliminary or final subdivision
and/or land development plan within 30 days of submission of bills
therefor to the applicant by the Township. Subject to the provisions
of § 510(g)[1] of the Municipalities Planning Code, no final approval
of any subdivision and/or land development plan shall be given until
all such fees have been paid in full.
[Amended 6-5-2003 by Ord. No. 486]
[1]
Editor's Note: See 53 P.S. § 10510(q).
L.
Such other provisions as deemed necessary or desired
by the Township Supervisors or Solicitor.
[Amended 9-21-2006 by Ord. No. 555]
Upon approval of the final plan of subdivision
or land development, the applicant shall, within 90 days of such final
approval, record such plan in the office of the Recorder of Deeds
of Montgomery County, Pennsylvania. The approved final plan shall
bear the official signature(s) of the Lower Providence Township Chairman
of the Board of Supervisors and the Planning Commission and the review
stamp and Seal of the Montgomery County Planning Commission prior
to recording.
Approval will be effective for a period of five
years from the date of preliminary plan approval or the date of concurrent
preliminary/final plan approval of the minor subdivision plan, unless
extended in writing by the Board of Supervisors.
A.
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.
B.
In the case where preliminary and final plan approval
are concurrent, the five-year period shall be measured from the date
of this concurrent approval.
C.
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.
(1)
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.
(2)
Any modification in the aforesaid schedule shall be
subject to approval of the Board of Supervisors in its discretion.
(3)
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 Board of Supervisors
in its discretion.
(4)
For any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within the initial five-year period, the protections of Subsection A above shall also apply to each subsequent section for an additional term of three years from the date of the final plan approval of each section.
