Township of Mount Joy, PA Article III Application Procedures and Plat Requirements

§ 86-8 Preapplication procedures; fee.

A. Copies of this chapter shall be available for use by any person seeking information concerning land development and/or subdivision standards and procedures in effect within the Township. Copies to be retained by the applicant shall be available upon payment of a fee as set forth in the fee schedule currently in force in the Township. Any prospective developer or subdivider may meet with the Township Planning Commission to discuss and review tentative plans and/or any provisions of this chapter.

B. Prior to the final plan submission, the prospective developer must have complied with the planning requirements of the Pennsylvania Sewage Facilities Act[1] as administered by the Pennsylvania Department of Environmental Protection. It is suggested that the prospective developer consult the Township Sewage Enforcement Officer or the Adams County Office of the Pennsylvania Department of Environmental Protection as to the requirements of that Act.

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

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

D. Presubmission consultation. Applicants are encouraged to informally discuss their proposals with applicable Township staff persons or other Township officials before preparing engineered plans.

[Added 8-21-2003 by Ord. No. 2003-5]

E. Four-step design process. See § 86-10E, which requires that applicants for certain types of applications must show compliance with the specified design process at the time of a sketch plan, preliminary plan or conditional use application. Applicants are strongly encouraged to meet this requirement at the earliest submittal made to the Township.

[Added 8-21-2003 by Ord. No. 2003-5]

F. Site tour. Applicants are very strongly encouraged to cooperate in an on-site tour of the property by Township officials. This site tour should be scheduled as soon as possible after the applicant has provided copies of a map of existing conditions. At best, this would occur after a sketch plan has been submitted, but before preliminary plans have been completed.

[Added 8-21-2003 by Ord. No. 2003-5]

(1) This site tour is intended to informally:

(a) Familiarize Township officials with the property's existing features, particularly including scenic views and the site's relationship to surrounding areas;

(b) Identify potential site design issues that will need to be addressed; and

(c) Discuss site design concepts, including the general layout of proposed development and open spaces.

(2) Comments made during the site visit shall not be binding upon the Township, and no formal action or recommendation shall be made during the site visit.

G. Aerial photo. Applicants are encouraged, but not required, to submit an aerial photo of the site, with the boundaries of the site highlighted.

[Added 8-21-2003 by Ord. No. 2003-5]

H. Existing features and site analysis map. An existing features and site analysis map is required as part of a preliminary plan submission (or final plan submission where a preliminary plan is not required). An applicant is strongly encouraged to provide this information of existing conditions prior to a site visit or as part of the sketch plan submittal.

[Added 8-21-2003 by Ord. No. 2003-5]

I. The Board of Supervisors may prescribe that the applicant shall reimburse the Township for the reasonable and necessary expenses incurred for the review of all subdivision and land development plans. Such reimbursement shall be based upon a schedule established by resolution.

[Added 2-7-2013 by Ord. No. 2013-01]

(1) Upon completion of interim or final review, the Board of Supervisors shall submit to the applicant an itemized bill showing work performed, identifying the person performing the services and the time and date spent for each task. In the event the applicant disputes the amount of any such review fees, the applicant shall, no later than 100 days after the date of transmittal of the bill to the applicant, notify the Township and the Township Engineer or other applicable professional consultant that such fees are disputed and shall explain the basis of his/her objections to the fees charged, in which case the municipality shall not delay or disapprove a subdivision or land development application due to the applicant's dispute over fees.

(2) Subsequent to a decision on an application for subdivision or land development, the Township Engineer or other applicable professional consultant shall submit to the Board of Supervisors a bill for review services, specifically designated as a final bill, which the Board of Supervisors shall submit to the applicant. The final bill shall include all review fees incurred at least through the date of the decision on the application. If for any reason additional review is required subsequent to the decision, the review fees shall be charged to the applicant as a supplement to the final bill.

J. Conservation design process. See § 86-10E.

[Added 11-2-2017 by Ord. No. 2017-04]

§ 86-9 Sketch plan.

A. Prior to the submission of a preliminary plan, applicants are encouraged, but not required, to submit a sketch plan. A sketch plan review often allows an applicant to save substantial time and engineering costs, because many concerns about layout and issues concerning Township ordinances can be resolved prior to detailed engineering. This can often reduce the need for future redesign at a more detailed stage, thereby saving the applicant significant money and time. No official action is required on a sketch plan, so it will not delay the submittal of a preliminary plan.

[Amended 11-2-2017 by Ord. No. 2017-04]

B. An existing features and site analysis map is required as part of a preliminary plan submission (or final plan submission where a preliminary plan is not required). An applicant is strongly encouraged to provide this accurate mapping of existing conditions prior to a site visit or as part of the sketch plan submittal. At best, the sketch plan of proposed development should be shown on a transparent overlay that would be placed over an existing features and site analysis map.

C. When submitted, sketch plans should include the following information:

(1) Ten print copies of the sketch plan and the accompanying application should be submitted to the Township staff prior to a regular Township Planning Commission meeting. It is strongly encouraged that a sketch plan be provided at least 15 calendar days before a Planning Commission meeting where it will be discussed.

[Amended 9-3-2020 by Ord. No. 2020-06]

(2) Any sketch plan shall be drafted to approximate scale.

(3) Boundary line of the development.

(4) Significant physical features (such as areas of steep slopes, quarries, creeks and major drainage channels). Approximate general locations of possible wetlands (may be hydric soil locations from the County Soil Survey). See Subsection B above.

(5) Conceptual proposed lot and street layout with approximate areas of lots (such as two acres). Statement of the proposed uses of the land (if known).

(6) Site data including:

(a) Acreage of the entire tract.

(b) Number of lots and types of dwelling units (if residential).

(c) Zoning district and major applicable lot area and setback requirements.

(7) North point and scale and a tentative name of the project (may be the developer's name).

(8) Approximate proposed locations of any nonresidential buildings (if known) and statement of the general proposed types of any nonresidential uses.

(9) A map showing the general location of the project in relation to nearby streets and creeks (may be a photocopy of USGS or Township base map or a commercial map).

(10) Approximate location of any area within the one-hundred-year floodplain (from Federal Insurance Administration map).

(11) Tentative approximate locations of any stormwater detention basins and any major stormwater drainage channels.

(12) Approximate proposed locations of any proposed preserved/common open space. For residential developments, whether the applicant proposes to dedicate common open space or fees in lieu of land, if required.

(13) Note stating the general methods of providing water and sewer service, including information about the general feasibility of any proposed nonpublic central sewer service.

(14) Names of any adjacent nonresidential uses and any zoning district boundaries in the area.

(15) Name and address of the person responsible for the preparation of the plan and the date of preparation.

§ 86-10 Preliminary plan procedures.

[Amended 11-15-2001 by Ord. No. 2001-5; 8-21-2003 by Ord. No. 2003-5; 11-7-2013 by Ord. No. 2013-04]

A preliminary plan shall be submitted and subject to approval by the Board of Supervisors for any subdivision or land development, except that preliminary plan submission shall not be required for minor subdivision plans and minor land development plans as defined in § 86-7.

A. Submission of the preliminary plan.

(1) A preliminary plan, initial or revised, and all required accompanying documentation shall be submitted by an applicant to the Township Secretary, or such other official as may be designated by the Board of Supervisors, by the deadline in advance of a regularly scheduled Planning Commission meeting as may be established by the Board of Supervisors.

[Amended 6-19-2014 by Ord. No. 2014-02; 11-4-2021 by Ord. No. 2021-02]

(2) Submission shall consist of the following:

(a) Five copies of the appropriate application form available from the Township.

(b) Ten blue-line or black-line paper prints of the preliminary plan showing all the information required in § 86-11.

(c) Five copies of all other required documentation.

(d) A filing fee based upon a schedule established by resolution.

[Amended 2-7-2013 by Ord. No. 2013-01]

B. Distribution of preliminary plan for review and comment. Copies of the preliminary plan and accompanying documentation shall be immediately distributed by the Township Secretary as follows:

(1) One copy of the application, plan and accompanying documentation to the Township Engineer.

(2) One copy of the application, plan and accompanying documentation to the Township Sewage Enforcement Officer.

(3) One copy of the application, plan and accompanying documentation to the Adams County Office of Planning and Development.

(4) One copy of the Soil Erosion and Sediment Control Plan to the County Conservation District office.

(5) One copy of the plan to the District Office of the Pennsylvania Department of Transportation when a proposed subdivision abuts or is traversed by a state road.

(6) The remaining copies of the application, plan and accompanying documentation to the Township Planning Commission.

C. Action on preliminary plan by the Planning Commission.

(1) Action on a preliminary plan shall be taken by the Township Planning Commission not later than 60 days following receipt of a complete submission by the Township. However, no final decision or action shall be taken by the Township Planning Commission until the reports are received from the Adams County Office of Planning and Development and other individuals and agencies to whom the plan was sent for review and comment, or until the expiration of 30 days from the date the plans were forwarded to such individuals and agencies.

(2) All actions on the plan by the Township Planning Commission shall be taken at a public meeting whether it be a regularly scheduled or special meeting. If the plan is to be considered at a special meeting, the developer shall be so notified.

(3) The decision of the Township Planning Commission concerning the plan shall be in writing. If a plan is not approved, or approved subject to certain conditions, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter. Copies of the decision shall be sent to the Board of Supervisors and the Township Engineer.

[Amended 9-3-2020 by Ord. No. 2020-06]

D. Action on preliminary plan by the Board of Supervisors.

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

(2) Action on a preliminary plan shall be taken by the Board of Supervisors and communicated to the developer not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed. Should the next regular meeting occur more than 30 days following the filing of the application, said 90 day period shall be measured from the thirtieth (30th) day following the day the application was filed. In their review, the Board of Supervisors shall consider the reports and recommendations of the Township Planning Commission and the various other individuals and agencies to whom the plan was sent for review and comment. As a result of their review, the Board of Supervisors may require or recommend such changes and modifications as they shall deem necessary or advisable in the public interest.

(3) The decision of the Board of Supervisors concerning the plan shall be in writing and shall be communicated to the developer not later than 15 days following the meeting at which the decision is made. If a plan is not approved, or approved subject to certain conditions, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter. Copies of the decision shall be sent the the Township Planning Commission.

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

(5) Approval of the preliminary plan shall not constitute approval of the final plan for any purpose or reason, but shall constitute conditional approval of the proposed development as to its general character and layout.

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

E. As part of a preliminary plan submission for a subdivision or land development that involves over three acres of land for a nonresidential project or six or more dwelling units for a residential project, the applicant shall prove to the Planning Commission that the following process was followed in designing the proposed development:

[Amended 11-2-2017 by Ord. No. 2017-04]

(1) Applicants are encouraged to submit a sketch plan.

(2) This process is intended to show everyone how the special features of the property relate to resource areas on adjacent lands, and how the development will properly relate to the features of the land that are most worthy of conservation. The maps required by this Subsection E may be completed at a sketch plan level of detail, provided that more detailed mapping required by other sections of Township ordinances is also submitted as required. This process is intended to provide guidance in cases where this chapter allows flexibility in the placement of buildings and lot lines.

(a) Existing resources and site analysis map. This map shall be prepared and submitted to accurately show the locations of wetlands, the one-hundred-year floodplains, slopes of 15% to 25%, and slopes over 25%. (If this plan is submitted as part of a preliminary or preliminary/final plan, see contour intervals in § 86-11.) These areas are known as "primary conservation areas." Detailed existing features mapping is not required in areas of a tract that are not proposed to be subdivided or developed as part of an application. This map shall accurately show the following:

[1] The wetlands shall be based upon a professional analysis, with identification of the individual who completed such analysis.

[2] The delineation of the one-hundred-year floodplain based upon official floodplain mapping or a more accurate professional analysis acceptable to the Township Engineer.

(b) Other important existing resources on the site shall be added to the map, including woodlands, tree lines, specimen trees over 18 inches in trunk diameter measured 3.5 feet above the ground level, scenic views from inside the site, ridgelines, and scenic views from existing streets and trails. These resources are known as "secondary conservation areas." The Planning Commission may require the identification of scenic views beyond those identified by the applicant. This map or an accompanying map shall also show:

[1] Uses of properties that are contiguous or across a street.

[2] Approximate locations of natural features and principal buildings on those properties that are within 150 feet of the perimeter lot lines.

[3] Approximate location of areas with a seasonally high water table, based upon the County Soil Survey or a more accurate professional analysis.

[4] Locations and descriptions of existing buildings, with a description of any historic or architectural significance of each, if any.

[5] Adjacent private or public open spaces, parklands and pedestrian or bicycle trails.

(c) Designation of open space. The next step is the designation of areas that will be maintained in public, semipublic or privately owned open space, considering the analysis above.

(d) Potential development areas concept map. Based upon consideration of the existing features map and the primary and secondary conservation areas (as described above), the potential development areas shall be mapped. These potential development areas are areas that are best suited for the majority of the development on the tract.

(e) Location of home sites. In respect of the primary and secondary conservation areas described above, the approximate proposed locations of new homes/principal buildings shall then be selected. It is recognized that on-lot septic system suitability needs to influence these choices when septic systems are used. It is also recognized that some intrusions into the secondary conservation areas may be necessary to allow reasonable uses of the land, provided that such development is carefully located and designed to minimize impacts upon valuable resources and features. These home sites can also be selected to maximize views, including views into the conservation areas.

[1] The mapping of existing features required by this section is required to be accurate and to scale. The locations of proposed home sites, lot lines, roads and trails may be at a sketch plan level of detail if submitted at the sketch plan stage.

[2] The applicant shall provide a written and graphic analysis of how the proposed development will respect and incorporate the important resources of the site and be coordinated with resources, open space/trail corridors and views on surrounding properties. This may involve an overlay map that shows important natural features and proposed development. The coordination with surrounding properties shall be shown on a map.

(f) Layout of streets and trails. An efficient street layout shall then be designed to serve the appropriate building sites. Trails should also be considered to link together common open spaces, clusters of homes and other destinations (such as nearby stores, parks and schools). Building sites should be clustered together to minimize extensive wetland and creek crossings by roads.

[Amended 9-3-2020 by Ord. No. 2020-06]

(g) Drawing the lot lines. Lot lines should then be drawn on the site to encompass the proposed building sites to result in a development concept plan. Once this sketch is prepared, then more detailed engineering may be completed.

§ 86-11 Preliminary plan requirements.

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

A. Scale:

(1) Tracts of one acre or less shall be drawn at a scale of no less than one inch equals 50 feet.

(2) Tracts of one to ten acres shall be drawn at a scale of no less than one inch equals 100 feet.

(3) Tracts in excess of 10 acres shall be drawn at a scale of no less than one inch equals 200 feet.

(4) Tracts to be used for commercial, industrial or high density housing development shall be drawn at a scale of no less than one inch equals 50 feet.

B. Information required. The preliminary plan shall show:

(1) The name of the proposed subdivision, and of the municipality in which it is located.

(2) The name and address of the subdivider.

(3) The name, address, license number and seal of the professional engineer or registered surveyor who prepared the drawings.

(4) The date of original submission and of each subsequent revised submission.

(5) True or magnetic north point.

(6) Graphic scale.

(7) Written scale.

(8) Certification by the professional engineer or surveyor that the plan is accurate and correct, and has been prepared in accordance with the Professional Engineers' and Professional Land Surveyor's Registration Law.[1]

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

(9) A site context/location map. This map shall show the boundaries of the tract being subdivided and shall be at a scale no smaller than one inch equals 400 feet. For a major subdivision, this map shall show the approximate locations of the following features within the tract and within 2,000 feet from the borders of the tract: creeks, existing and proposed roads, ridgelines, publicly owned lands, preserved agricultural lands or other open space, woodlands, trails, and electric transmission or underground pipeline rights-of-way. This map should also show approximate topography from a U.S.G.S. map.

[Amended 8-21-2003 by Ord. No. 2003-5]

(10) The total tract boundary lines of the area being subdivided with distances accurate to 1/100 of a foot and bearings to 1/4 of a minute. These boundaries shall be determined by accurate survey in the field, which shall be balanced and close with an error of closure not to exceed one foot in 10,000 feet; provided, however, that the boundary(s) adjoining additional unplatted land of the subdivider (for example, between separately submitted final plan sections) are not required to be based upon field survey, and may be calculated. The location and elevation of all boundary line (perimeter) monuments shall be indicated along with a statement of the total area of the property being subdivided. In addition, the surveyor shall certify to the accuracy of the survey, the drawn plan and the placement of the monuments.

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

(12) Boundaries of adjacent properties and recorded name and deed references. When adjacent properties are part of a recorded plat, only the lot number and subdivision name need be shown.

(13) Contour lines at vertical intervals of at least two feet for land with average natural slope of 15% or less, and at intervals of at least five feet for land with average slope exceeding 15%.

[Amended 8-21-2003 by Ord. No. 2003-5]

(14) Location and elevation of the datum to which contour elevations refer. Where practicable, datum used shall be an established bench mark. Datum shall be referenced to a U.S.G.S. bench mark when public sewer or public water is proposed and/or the development is in excess of 10 lots.

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

(16) If the subdivision proposes a new street intersection with a State Legislative Route, the intersection occupancy permit number(s) indicated for all such intersections.

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

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

(19) Location of existing and proposed rights-of-way and easements.

(20) Lot numbers and statement of the total number of lots and parcels.

(21) Lot lines with approximate dimensions.

(22) The building setback lines for each lot, or other site.

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

(24) A statement of the intended use of all nonresidential lots, with reference to restrictions of any type which exist or will exist as covenants in the deed for the lots contained in the subdivision and, if recorded, including the book and page number.

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

(26) An existing resources and site analysis map, which shall show the following:

[Amended 8-21-2003 by Ord. No. 2003-5]

(a) Existing contour lines as required by Subsection B(13).

(b) Identification of any slopes of 15% to 25% and greater than 25%.

(c) Watercourses (with any name), natural springs, existing natural drainage channels, ponds, lakes.

(d) Accurate locations of wetlands.

[1] An applicant is not required to have completed all federal and state wetland permit applications prior to preliminary plan approval.

[2] Detailed delineations by a qualified professional of wetlands are required with the preliminary plan submission, unless the plan states that no alteration, buildings, earthmoving, driveways or septic systems will occur within 200 feet of any areas that could be reasonably suspected of being wetlands. In such case, only the approximate areas of such wetlands need to be shown.

(e) Rock outcrops, stone fields and sinkholes.

(f) Location of any areas within the one-hundred-year floodplain (with differentiation between floodway and floodfringe if available from official federal floodplain maps).

(g) Approximate locations and abbreviated names of soil types, according to the County Soil Survey (or more detailed professional study) with identification of those that are alluvial, hydric, have a depth to bedrock of less than three feet or a seasonally high water table of less than three feet. If such soils do not exist, that shall be stated on the plan.

(h) Ridgelines and watershed boundaries.

(i) Areas of existing woodlands and tree lines, with a description of the typical species and typical trunk diameter of trees.

(j) Notations on the plan showing any prominent scenic views onto the tract or from the tract.

(k) Locations and descriptions of any existing buildings on the tract that are estimated to be over 60 years old.

(27) Location, size and invert elevation of all existing and proposed sanitary sewers (including any and all proposed and/or existing capped sewer lines) and location of all manholes, inlets and culverts. This data may be submitted as a separate plan.

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

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

(30) Location of parks, playgrounds and other areas to be dedicated or reserved for public use, with any conditions governing such use.

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

(32) Upon request by the Township, the applicant shall have stakes installed showing the approximate location of corners of proposed lot and proposed driveways prior to any site visit by Township officials.

[Amended 8-21-2003 by Ord. No. 2003-5]

(33) The applicant shall provide evidence that any new streets or driveways will meet minimum sight distance requirements. Clear sight triangles meeting Township requirements shall be shown on the plans.

[Added 8-21-2003 by Ord. No. 2003-5]

(34) Location of refuse collection areas for apartments and nonresidential uses.

[Added 8-21-2003 by Ord. No. 2003-5]

(35) Design speeds of all proposed roads.

[Added 8-21-2003 by Ord. No. 2003-5]

(36) Station numbers shown on plan corresponding to street profiles.

[Added 8-21-2003 by Ord. No. 2003-5]

(37) A typical treatment of the construction of driveways and the handling of storm drainage where a driveway intersects a street. The Township may require a driveway culvert. The size and materials of pipes under driveways shall be noted.

[Added 8-21-2003 by Ord. No. 2003-5]

(38) Proposed location and type of traffic control devices.

[Added 8-21-2003 by Ord. No. 2003-5]

(39) If the applicant will retain a single lot with an area greater than 10 acres and that lot will not be further improved, that lot may be identified by deed plotting. If a retained lot has a lot area of 10 acres or less, it shall be described to the accuracy requirements of this chapter.

[Added 8-21-2003 by Ord. No. 2003-5]

C. Supplementary data required. The preliminary plan shall be accompanied by the following supplementary data where applicable:

(1) A plan revision module for land development as required by the Pennsylvania Department of Environmental Protection.

(2) A soil erosion and sedimentation control plan shall be prepared and submitted to the County Conservation District for review if such plan is required under state regulations. In addition, the Township may require preparation and submittal of a soil and erosion plan to the Township whenever there is more than 5,000 square feet of earth disturbance. In addition, the Township may require the preparation of a typical soil and erosion detail for each lot that shall state the types of controls that shall be used when each lot is built upon.

[Amended 8-21-2003 by Ord. No. 2003-5; 6-19-2014 by Ord. No. 2014-02]

(3) Preliminary designs of any bridges or culverts which may be required. Such designs shall meet all applicable requirements of the Pennsylvania Department of Environmental Protection and the Pennsylvania Department of Transportation.

(4) Typical street cross-section drawings for all proposed streets.

(5) Tentative profiles along the center line of the cartway (pavement) or along the top of the curb for both sides of each proposed street shown on the preliminary plan. Such profiles shall show natural and finished grades.

(6) If requested by the Township, a feasibility report concerning the availability and adequacy of sewer and water facilities in or near a proposed land development. Said report shall be prepared by a registered Professional Engineer and be submitted in conjunction with the preliminary plan.

(7) A stormwater management site plan in accordance with Chapter 81, Stormwater Management, of the Code of the Township of Mount Joy.

[Amended 8-16-2012 by Ord. No. 2012-04]

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

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

D. Construction of improvements and submission requirements. This § 86-11D shall apply where both a preliminary plan and a final plan are required. If the applicant does not provide a written agreement acceptable to the Township that required improvements for the subdivision or land development will not be constructed until after the granting of final plan approval, then the preliminary plan submittal shall be required to also include all of the information that would be required in a final plan submittal. This written agreement shall be in a legal form acceptable to the Township and shall be binding upon all of the applicant's successors and assigns who may utilize the preliminary plan approval.

[Added 8-21-2003 by Ord. No. 2003-5]

§ 86-12 Final plan procedures.

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

A. Submission of the final plan.

(1) A final plan, initial or revised, and all required accompanying documentation shall be submitted by an applicant to the Township Secretary, or such other official as may be designated by the Board of Supervisors, by the deadline in advance of a regularly scheduled Planning Commission meeting as may be established by the Board of Supervisors.

[Amended 6-19-2014 by Ord. No. 2014-02; 11-4-2021 by Ord. No. 2021-02]

(2) Submission shall consist of the following:

(a) Five completed copies of the appropriate application form available from the Township.

(b) Ten blue-line or black-line paper prints of the final plan showing all the information required in § 86-13.

[Amended 11-15-2001 by Ord. No. 2001-5]

(c) Five copies of all other required documentation.

(d) A filing fee based upon a schedule established by resolution.

[Amended 2-7-2013 by Ord. No. 2013-01]

B. Distribution of final plan for review and comment. Copies of the final plan and accompanying documentation shall be immediately distributed by the Township Secretary as follows:

(1) One copy of the application, plan and accompanying documentation to the Township Engineer.

(2) One copy of the application, plan and accompanying documentation to the Township Zoning Officer.

[Added 9-3-2020 by Ord. No. 2020-06[1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsection B(2) through (6) as Subsection B(3) through (7), respectively.

(3) One copy of the application, plan and accompanying documentation to the Township Sewage Enforcement Officer.

(4) One copy of the application, plan and accompanying documentation to the Adams County Office of Planning and Development.

(5) One copy of the plan to the County Conservation District Office.

(6) One copy of the plan to the District Office of the Pennsylvania Department of Transportation, when a proposed subdivision abuts or is traversed by a state road.

(7) The remaining copies of the application, plan and accompanying documentation to the Township Planning Commission.

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

D. Action on final plan by the Board of Supervisors.

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

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

(3) The decision of the Board of Supervisors concerning the plan shall be in writing and shall be communicated to the developer not later than 15 days following the meeting at which the decision is made. If a plan is not approved, or approved subject to certain conditions, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter. Copies of the decision shall be sent to the Township Planning Commission.

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

(5) Before any final plan is approved, the developer shall comply with all provisions of § 86-39 of this chapter regarding completion of improvements or guaranty thereof.

E. Recording of plan.

(1) Upon approval of a final plan by the Township, the developer shall record the record plan in its entirety in the office of the Adams County Recorder of Deeds within 90 days. No plan shall be recorded unless it has been officially approved by the Township. The applicant shall send or deliver a receipt of the recording to the Township Subdivision Administrator within seven days after the plan is submitted to the County for recording. If the final plan approval included official conditions that must be met prior to recording, then the plan shall be recorded within 90 days following the compliance with such conditions, up to a maximum total of one year following the final plan approval, unless the Board of Supervisors grants a written extension.

[Added 8-21-2003 by Ord. No. 2003-5; amended 1-19-2012 by Ord. No. 2012-01]

(2) If the plan is not recorded within 90 days, the approval by the Township shall be null and void unless an extension of time is granted by the Board of Supervisors upon request from the developer.

(3) After the plan has been recorded, a copy of the Recorder's Certificate shall be submitted to the Board of Supervisors.

(4) No land in a development shall be sold or transferred prior to recording of the record plan.

F. Limitations of final plan approval. The approval of the final plan by the Township shall be deemed an acceptance of the plan and shall authorize the Recorder of Deeds to record the same, but shall not impose any duty upon the Township concerning maintenance or improvements of any streets, highways, alleys or other portions of the same until said Township shall have accepted same by dedication for public use.

§ 86-13 Final plan requirements.

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

A. Drawings.

(1) Scale:

(a) Tracts of one acre or less shall be drawn at a scale of no less than one inch equals 50 feet.

(b) Tracts of one to 10 acres shall be drawn at a scale of no less than one inch equals 100 feet.

(c) Tracts in excess of 10 acres shall be drawn at a scale of no less than one inch equals 200 feet.

(d) Tracts to be used for commercial, industrial or high-density housing developments shall be drawn at a scale of no less than one inch equals 50 feet.

(2) Finished size of drawings for final plan submission shall be 18 inches by 24 inches. Drawings done at a scale requiring a sheet larger than 18 inches by 24 inches may be reduced to that size provided that all lines and lettering are clear and legible after reduction.

(3) If the final plan requires more than one sheet, a key diagram showing the relative location of the several sections shall be drawn on each sheet.

B. Information required. The final plan shall show all of the information required by § 86-11, Preliminary plan requirements, except to the extent these requirements are superseded by the requirements below. In addition, the final plan shall show the following:

[Amended 8-21-2003 by Ord. No. 2003-5; 1-19-2012 by Ord. No. 2012-01]

(1) The name of proposed subdivision, and of the municipality in which it is located.

(2) The name and address of the subdivider.

(3) The name, address, license number and seal of the professional engineer or registered surveyor who prepared the drawings.

(4) The date of original submission and of each subsequent revised submission.

(5) True or magnetic North point.

(6) Graphic scale.

(7) Written scale.

(8) A soil erosion and sedimentation control plan shall be prepared and submitted to the County Conservation District for review if such plan is required under state regulations. In addition, the Township may require preparation and submittal of a soil and erosion plan to the Township whenever there is more than 5,000 square feet of earth disturbance. In addition, the Township may require the preparation of a typical soil and erosion detail for each lot that shall state the types of controls that shall be used when each lot is built upon.

[Amended 6-19-2014 by Ord. No. 2014-02]

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

(10) The total tract boundary lines of the area being subdivided with distances accurate to 1/100 of a foot and bearings to 1/4 of a minute. These boundaries shall be determined by accurate survey in the field, which shall be balanced and close with an error of closure not to exceed one foot in 10,000 feet; provided, however, that the boundary(s) adjoining additional unplatted land of the subdivider (for example, between separately submitted final plan sections) are not required to be based upon field survey, and may be calculated. The location and elevation of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plan and the placement of the monuments.

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

(12) Boundaries of adjacent properties and recorded name and deed reference. When adjacent properties are part of a recorded plat only the lot number and subdivision name need be shown.

(13) Contour lines at vertical intervals of at least two feet for land with average natural slope of 4% or less, and at intervals of at least five feet for land with average slope exceeding 4%.

(14) Location and elevation of the datum to which contour elevations refer. Where practicable, datum used shall be an established bench mark. Datum shall be referenced to a U.S.G.S. bench mark when public sewer or public water is proposed, and/or the development is in excess of 10 lots.

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

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

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

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

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

(17) If a subdivision proposes a new street intersection with a State Legislative Route, the intersection occupancy permit number(s) shall be indicated for all such intersection.

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

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

(20) Location of existing and proposed rights-of-way and easements.

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

(22) Lot lines with approximate dimensions.

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

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

(25) A statement of the intended use of all nonresidential lots, with reference to restrictions of any type which exist or will exist as covenants in the deed for the lots contained in the subdivisions and, if recorded, including the book and page number.

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

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

(28) A certification of ownership, acknowledgment of a plan, and offer of dedication shall be lettered on the plan and shall be duly acknowledged and signed by the owner(s) of the company.

(29) An approval block for the use of the Township Supervisors and the Adams County Office of Planning and Development.

(30) A block to be used for inserting the date, agreed upon by the Township Supervisors and the developer, by which all improvements shall be complete, shall be lettered on the plan. Such date shall not be more than two years from the date of the final plan approval.

(31) The accurate location of all wetland.

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

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

(2) Profile sheets for all proposed streets within the tract. Such profiles shall show at least the following information, properly labeled:

(a) Existing (natural) profile along both cartway edges or along the center line of each street.

(b) Proposed finished grade of the center line or proposed finished grade at the top of both curbs or proposed finished grade at both cartway (pavement) edges.

(c) The length of all vertical curves.

(d) Existing and proposed sanitary sewer mains and manholes.

(e) Existing and proposed storm mains, inlets, manholes, and culverts.

(3) Whenever a subdivider proposes to establish a street which is not offered for public use, he shall be subject to the requirements of § 86-25B and shall submit such plans, agreements, and documents as may be required by the Township under the provisions of that section.

(4) An agreement that the applicant will install all underground utilities before paving streets or constructing sidewalks.

(5) Final designs of any bridge or culverts which may be required. Such designs shall meet all applicable requirements of the Pennsylvania Department of Environmental Protection and the Pennsylvania Department of Transportation.

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

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

(8) A plan for the control of erosion and sedimentation for review by The County Conservation District Office as required by the Pennsylvania Clean Streams Act.[1]

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

(9) A stormwater management site plan in accordance with Chapter 81, Stormwater Management, of the Code of the Township of Mount Joy.

[Amended 8-16-2012 by Ord. No. 2012-04]

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

(11) A planning module as required by the Pennsylvania Department of Environmental Protection.

(12) Such private deed restrictions, including building setback lines, as may be imposed upon the property as a condition to sale, together with a statement of any restrictions previously imposed which may affect the title of the land being subdivided.

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

(14) When a proposed plan has been submitted to the County Conservation District Office for its review and recommendations, a plan and/or other documentation to show what has been, or will be done in response to its recommendations.

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

(16) Documented proof that when an agency of the Commonwealth of Pennsylvania holds interest or jurisdiction in the plan or any phase of the plan, the approval of the agency has been secured.

(17) If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Township that the subdivision or development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners or by municipal corporation, authority or utility. The applicant shall provide the Township with a copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement to serve the area in question, as acceptable evidence that the above requirements have been met.

(18) No plat which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to § 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"[2] before driveway access to a state highway is permitted, or that a Township occupancy permit is required from the Township if the entrance is from a Township street.

[2] Editor's Note: See 36 P.S. § 1758-101 et seq.

§ 86-14 Minor subdivsion and land development plans.

[Amended 11-7-2013 by Ord. No. 2013-04]

Minor subdivision and land development plans shall be submitted, reviewed and subject to approval by the Board of Supervisors under the following procedures and requirements.

A. Plan submission. Submission shall consist of the following:

(1) Application form available from the Township.

(2) Except as noted below, three copies of the blue-line or black-line paper prints.

(a) For a minor residential subdivision plan or minor land development plan, five copies.

(b) For a minor residential subdivision plan or minor land development plan abutting a state road, six copies.

(c) The prints shall show all of the information required by the Subdivision and Land Development Ordinance, § 86-13, Final plan requirements.

(3) Copies of any other required documentation in a number equivalent to the number of prints required to be submitted.

(4) Filing fee based upon a schedule established by the Board of Supervisors by resolution.

B. Completeness requirement.

(1) All plan applications shall include a completed application form, application fee, plan(s) and supporting information specified on the application form or required to demonstrate compliance with the applicable provisions of Chapter 110, Zoning and Subdivision and Land Development Ordinance. Failure to fully complete the application form and provide all required information and fees shall be grounds to reject the application as incomplete. The time for review and action on the plan application shall not be deemed to have commenced on an incomplete application and Section 508 of the MPC shall not apply. Acceptance of a plan shall not constitute a waiver of any deficiencies or irregularities in its content.

(2) The Zoning Officer shall review the plan application for completeness within three business days of its submission to the Township. A plan submitted to the Township by first-class mail shall be deemed received on the business day that the plan is received by the Township during regular Township business hours. The Zoning Officer shall determine whether the plan application is complete and shall notify the applicant in writing of such determination. Such notice shall also be provided to the Township Engineer.

(3) In the event the submission is determined to be incomplete, the notice shall identify the deficiencies.

(4) In the event the submission is determined to be complete, the Township shall notify the applicant in writing and shall distribute copies of the minor residential subdivision plans and/or minor land development plan to the:

(a) Township Engineer; and

(b) Township Sewage Enforcement Officer, in all instances where sewage facilities planning is necessary.

C. County Planning Agency review.

(1) The applicant is responsible for distributing copies of the minor residential subdivision and/or minor land development plan to the Adams County Office of Planning and Development and for timely payment to the County of County review fees.

(2) The time provided for Township compliance review, as set forth in Subsection D, shall not begin until such time as the County provides written notification to the Township that the County has accepted the plan for review.

D. Township compliance review and determination.

(1) Following determination by the Zoning Officer that the plan application is complete and receipt of notification from the County of its acceptance of the plan application for review, the minor residential subdivision and/or minor land development plan shall be reviewed by Township Zoning Officer and Township Engineer, respectively, for compliance with the applicable requirements of Chapter 110, Zoning and this chapter.

(2) Within 35 calendar days following determination by the Zoning Officer that the plan application is complete and receipt of notification from the County of its acceptance of the plan application for review, the Zoning Officer and Township Engineer, respectively, shall make a determination of compliance with the applicable requirements of Chapter 110, Zoning and this chapter. The Zoning Officer and Township Engineer shall issue the determination of compliance in writing.

(a) Compliance with administrative requirements, such as having necessary parties sign the final plan, shall be noted in the determination of compliance, but shall not otherwise delay the process of obtaining Board of Supervisor approval.

(b) In the event the Zoning Officer and/or Township Engineer recommend a condition(s) of approval, such recommendation shall be noted in the determination of compliance but shall not otherwise delay the process of obtaining Board of Supervisor approval.

E. Compliance resubmissions.

(1) In the event a plan is required to be revised in response to the comments of the Zoning Officer and/or Township Engineer, within 10 business days of the submission of a revised plan, the Zoning Officer and the Township Engineer shall issue review comments in writing, including (where appropriate) a compliance determination.

(2) If the plan is determined to not be in compliance with the applicable requirements of Chapter 110, Zoning and/or this chapter:

(a) In the event the applicant elects to seek a variance from an applicable requirement of Chapter 110, Zoning, the plan review process shall be stayed until such variance is approved by the Zoning Hearing Board. The applicant shall agree in writing to such extension of the time requirements of Section 508 of the Pennsylvania Municipalities Planning Code[1] sufficient to allow review and recommendation by the Township Planning Commission and consideration and action by the Township Board of Supervisors at the Board's next regularly scheduled meeting occurring within 30 calendar days following the issuance of the decision of the Zoning Hearing Board.

[1] Editor's Note: See 53 P.S. § 10508.

(b) In the event the applicant elects to appeal from a determination of the Zoning Officer, the plan review process shall be stayed until decision on the appeal to the Zoning Hearing Board is issued. The applicant shall agree in writing to such extension of the time requirements of Section 508 of the Pennsylvania Municipalities Planning Code[2] sufficient to allow review and recommendation by the Township Planning Commission and consideration and action by the Township Board of Supervisors at the Board's next regularly scheduled meeting occurring within 30 calendar days following the issuance of the decision of the Zoning Hearing Board.

[2] Editor's Note: See 53 P.S. § 10508.

(c) In the event the applicant elects to seek a modification of an applicable requirement of this chapter, the plan review process shall be stayed until decision on the request for modification is granted. The applicant shall agree in writing to such extension of the time requirements of Section 508 of the Pennsylvania Municipalities Planning Code[3] sufficient to allow review and recommendation by the Township Planning Commission at the Commission's next regularly scheduled meeting occurring within 30 calendar days following the submission of the application for modification and consideration and action by the Township Board of Supervisors at the Board's next regularly scheduled meeting occurring after the Planning Commission meeting.

[3] Editor's Note: See 53 P.S. § 10508.

F. Planning Commission review. Except as noted in Subsection E, Planning Commission review of a minor subdivision and/or minor land development plan is considered not to be necessary.

(1) The Zoning Officer shall notify the Planning Commission of the submission of the plan. Such notification shall identify the applicant and the location of the subject property and shall generally describe the plan.

(2) In the event the Zoning Officer and Township Engineer determine that the plan fully complies with the applicable requirements of Chapter 110, Zoning and Subdivision and Land Development Ordinance, the Zoning Officer and Township Engineer shall notify the Planning Commission of their compliance determinations.

G. Board of Supervisors consideration and decision.

(1) At the next scheduled regular meeting of the Board of Supervisors occurring within 45 calendar days after the Township determination of completeness and the Township's receipt of the County notification of the County's acceptance of the plan for review, whichever occurs last, the Board of Supervisors shall consider the plan for approval or approval with conditions by consent.

(2) Provided, however, that the Board of Supervisors, in its sole discretion, may remove a plan from the consent agenda and place it on the action agenda of the same meeting for the purpose of attaching, removing or modifying a condition of approval.

(3) The Board of Supervisors shall issue a written decision as provided in § 86-12D(3).

H. Recording of Plan - The Plan shall be recorded as provided in § 86-12E.

§ 86-15 Additions to existing lots.

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

(1) The parcel to be added must be contiguous to the existing lot.

(2) The addition must maintain the overall straightness of lot lines.

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

(4) The applicant shall file in the Miscellaneous Docket in the Recorder of Deeds Office of Adams County a memorandum that the subject property shall be considered one single tract for subdivision purposes and that said tract shall not be subdivided by the applicant or applicants or their heirs or assigns in the future without resubmission for subdivision purposes.

(5) To avoid having the added parcel assessed and taxed as a separate lot, a new deed encompassing both parcels must be filed with the County Recorder of Deeds.