Article VI Final Plan Specifications and Documentation Requirements

Four completed copies of the appropriate application form available from the Township (see Appendix 1[1] for the form in effect at the time of adoption of this chapter. Developers are encouraged to contact the Township Office for updates to the form found in Appendix 1).

Editor's Note: Appendix 1 is included at the end of this chapter.

Four blue- or black-line paper prints of the final plan showing all information required in § 117-27.

Three copies of all other required documentation.

§ 117-24 Final plan outside agency submission and distribution.

A filing fee as established pursuant to §§ 117-13 and 117-14.

Upon plan approval, the applicant must prepare two full sets of plans, in reproducible Mylar form. One set shall be for recording purposes at the Adams County Recorder of Deeds. The other of the Mylar sets of signed plans shall be returned to Straban Township with confirmed recording data for internal filing.

Additional copies of the final plan and accompanying documentation shall be immediately forwarded by the developer as follows:

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

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

One copy of the application, plan and accompanying documentation to the Adams County Planning Agency.

One copy of the soil erosion and sedimentation control plan to the County Conservation District Office.

One copy of the plan to the District Office of PennDOT when a proposed subdivision/land development abuts or is traversed by a state road.

§ 117-25 Action on final plan by Planning Commission.

A review of the final plan shall be taken in the same manner as for preliminary plans. In addition, if a final plan is recommended for approval, the Township Planning Commission Chairman and Secretary shall sign the Mylar copy and all prints and forward all but one print to the Board of Supervisors along with a copy of the Commission's written report. Failure of the Commission's Chairman and/or Secretary to sign the plan shall not affect its ability to be recorded in the office of the Recorder of Deeds of Adams County if the Board of Supervisors approves and signs the final plan.

§ 117-26 Action on final plan by Board of Supervisors.

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

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

The decision of the Board of Supervisors concerning the plan shall be in writing and shall be communicated to the applicant personally or mailed to him or her at his or her last known address not later than 15 days following the decision. If a plan is not approved, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter. A copy of the decision shall be forwarded to the Township Planning Commission.

Completion of improvements or guarantee thereof prerequisite to final plan approval.

No plan shall be given final approval unless the streets or street system shown on such plan have been improved as required by this chapter, and any walkways, sidewalks, or other pedestrian pathways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by this chapter have been installed in accordance with such chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plan, including improvements or fees required pursuant to this section, the applicant shall provide for the deposit of financial security with Straban Township in an amount equal to 110% of the costs of such improvements or common amenities including, but not limited to, walkways, sidewalks, or other pedestrian pathways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, and buffer or screen plantings which may be required. The guarantee of public improvements or release of funds for such improvements shall not be contingent upon municipal land development plan approval. The applicant shall not be required to provide financial security for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law."[1]

Editor's Note: See 36 P.S. § 670-101 et seq.

When requested by the developer, in order to facilitate financing, the Township Supervisors shall furnish the developer with a signed copy of the resolution indicating approval of the final plan contingent upon the developer obtaining satisfactory financial security. The final plan or record plan shall not be signed or recorded until the financial improvements agreement is fully executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by the governing body; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

Without limitation as to other types of financial security which the Township may approve, which approval shall not be unreasonably withheld, federal- or commonwealth-chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section.

Such financial security shall be posted with a bonding company or federal- or commonwealth-chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth.

(5)

Such bond or letter of credit or other security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.

(6)

The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for the completion by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

(7)

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the duly appointed Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the applicant or developer.

(8)

If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.

(9)

In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plans by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

(10)

As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such request within which to allow the appointed Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed or, if the Board of Supervisors fails to act within said forty-five-day period, the Board of Supervisors shall be deemed to have approved the release of funds as requested. The Board of Supervisors may, prior to final release at the time of completion and certification by its engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

(11)

Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the Board of Supervisors may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.

(12)

If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.

(13)

If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of the plan as set forth in this section, the Township shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plan upon actual completion of the improvements depicted upon the approved final plan. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved final plan, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.

(14)

Where the developer does not post financial security at time of final plan approval due to the need for obtaining certain outside agency approvals or other related causes, the amount of the financial security may be adjusted at the time of posting prior to the actual signing of the final plan.

If the plan is approved subject to conditions, the applicant shall have 14 days to accept such conditions. Failure of the applicant to accept such conditions and to communicate that acceptance in writing to the Township within the fourteen-day time period shall render the plan disapproved. Upon request of the applicant, the reasons for disapproval and the sections of the ordinances or statutes supporting such disapproval shall be provided.

§ 117-27 Final plan requirements.

Submission, scale and size.

The final plan submission shall be prepared by a licensed professional land surveyor and shall be drawn on reproducible transparency, using black ink for all data, including approval signatures. The scale used on the plan shall be:

A plan containing lots of one acre or less shall be drawn at a scale of no less than one inch equals 50 feet.

A plan containing lots of one acre to 10 acres shall be drawn at a scale of no less than one inch equals 100 feet.

(c)

A plan containing lots in excess of 10 acres shall be drawn at a scale of no less than one inch equals 200 feet.

(d)

A plan containing lots to be used for commercial, industrial or high-density residential development shall be drawn at a scale of no less than one inch equals 50 feet.

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. Such final plan shall have a one-inch allowance on the left margin for the purpose of binding. If the final plan requires more than one eighteen-inch-by-twenty-four-inch sheet, a key diagram showing the relative location of the sections shall be drawn on each sheet.

All subdivision and/or land development plan pages shall be numbered sequentially with reference to the total number of pages (i.e., Sheet 1 of 10, Sheet 2 of 10, etc.).

The plan signature sheet shall be the first sheet of the plans.

The final plan shall include the following:

Name of proposed subdivision and of the municipality(s) in which it is located.

Name and address of subdivider and the identity and address of who shall receive notices from the Township concerning the plan (such as review comments and decisions) and a deed reference for the source tract(s).

Name, address, license number and seal of the preparer of the plan issued pursuant to the Engineer, Land Surveyor, and Geologist Registration Law,[1] except that this requirement shall not preclude the preparation of a plan/plat in accordance with the Act of January 24, 1965 (1995 P.L. 1527, No. 535), known as the "Landscape Architects' Registration Law."[2]

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

[2]

Editor's Note: See 63 P.S. § 901 et seq.

Date of original submission and of each subsequent revised submission of the final plan.

(5)

True or magnetic North point.

(6)

Graphic scale.

(7)

Written scale.

(8)

A statement that certifies that the plan is accurate to the best of the information, knowledge and belief of the preparer, signed by the preparer.

(9)

A key map, for the purpose of locating the property being subdivided, drawn at a scale of one inch equals 2,000 feet and showing the relation of the property to adjoining property and to all street, 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 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 closed with an error of closure not to exceed one foot in 10,000 feet. 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 tracts.

(12)

Boundaries of adjacent properties and recorded name and deed references. When adjacent properties are part of a recorded plan, 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%. Adams County contours may be used on the plans for subdivision of land which does not propose any improvements at the time of plan submission.

(14)

Location and elevation of the datum to which contour elevations refer; this datum shall be referenced to United States Geological Surveys when public water and/or sewers are proposed.

(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 center lines and right-of-way lines of all recorded (including those which are proposed to be vacated) and/or proposed streets, and for the right-of-way lines of all existing streets, within the property:

The length (in feet and hundredths of a foot) of all straight lines and of the chord bearing and length radius, and arc length of all curved lines;

The width (in feet) of the cartway, right-of-way and, if required, of the ultimate right-of-way.

(17)

If the subdivision proposes a new street intersection with a state legislative route, the intersection occupancy application number(s) shall be indicated for all such intersections.

(18)

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

(19)

Clear-sight triangles shall be shown at all street intersections measured along the center line 100 feet from the intersection of street center lines, at all driveway locations measured 100 feet along the street center line and 35 feet from its intersection with the driveway, and at all nonresidential intersections measured 100 feet along the street center line and 50 feet from its intersection with the nonresidential intersection.

(20)

When mandated by the first-due fire department or other emergency service responder in the area of the Township, a note shall be added to the plan for all future property owners or businesses of any new use in compliance with Chapter 48, Buildings, Emergency Access (Ordinance No. 2007-07). The location (and elevation, if established) of all existing and proposed street monuments.

(21)

Location of existing and proposed rights-of-way and easements.

(22)

Lot numbers, a statement of the total number of lots and parcels and, if known, the street number to be used for each lot.

(23)

Lot lines with accurate dimensions and the area of each lot.

(24)

The building setback lines for each lot or other sites.

(25)

For developments where on-site sewage disposal systems will be used:

The location where the soils evaluation test was conducted for each lot shall be shown.

The location of replacement area, approved soil probes and passing percolation test areas by bearing and distance to an established property pin or marker.

(26)

A statement of the intended use of all lots:

Nonresidential and mixed uses, 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, the book and page number.

Residential units shall be identified by type. The total number of each type of residential dwelling unit shall be shown.

(27)

Location and size of existing and proposed utility structures and/or transmission lines, including but not limited to water, gas, electric, cable, telephone, petroleum, and all easements or rights-of-way connected with such structures and/or lines.

(28)

The location of any existing bodies of water and watercourses, tree masses, buildings and 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 100 feet of a proposed subdivision and the location of wetlands or a statement that no wetlands are involved. A statement shall be added to the plan in compliance with § 117-36.

(29)

The following information shall appear on the first sheet of the plan, and if the plan is approved and signed by the Township, shall be recorded in the office of the Recorder of Deeds of Adams County, Pennsylvania: a certification of ownership; an acknowledgement of the identity of the plan applicant; an offer of dedication when permitted by the Board of Supervisors; a detailed statement of all zoning variances and/or special exceptions obtained for the project; a note that no driveways may be connected to an existing road without first obtaining an appropriate highway occupancy permit (Township or commonwealth); a wetlands statement, where applicable (see § 117-36); and a note prohibiting further subdivision of the lands dedicated to the preservation of open space, if any.

(30)

A signature block for the use of the Township Supervisors and by the Township and county planning agencies (indicating approval of the plan by Supervisors and review of the plan by the planning agencies).

(31)

Highway access and permits.

If access to a state highway is shown on the plan, and no highway occupancy permit has been issued at the time the plan is submitted for review, then the plan must contain a statement that the applicant is aware that:

Such a permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 28), of the State Highway Law;[3] and

[3]

Editor's Note: See 36 P.S. § 670-101 et seq.

[2]

Access to the state highway must conform to both what is shown on the plan and to that extent required by the occupancy permit.