Township of Swatara, PA Article III Plat Specifications and Processing Procedures

§ 253-8 General requirements.

Whenever a subdivision of land or land development is desired to be effected in the Township of Swatara, Dauphin County, Pennsylvania, a plat of the layout of such subdivision or land development shall be prepared, filed and processed according to the requirements of this chapter.

§ 253-9 Sketch plans.

A. Prior to the filing of a subdivision or land development plat for review and approval, the applicant is encouraged but not required to submit a sketch plan to the Planning Commission for advice on the requirements necessary to achieve conformity with the standards of this and other applicable Township ordinances, as well as to alert the applicant to other factors which must be considered in the design of the subdivision or land development.

B. The plan shall be clearly labeled "SKETCH PLAN" and should include sufficient information to clearly indicate the character and extent of the proposed subdivision or land development and its relationship to existing conditions and facilities within the area in which it is to be located. It is recommended that sketch plan submissions include a map covering sufficient area to establish the location of the site and an informal plan of any existing or proposed streets, buildings, lot arrangement, utilities, significant natural features and other elements within the subdivision or land development including topographic contours.

C. Prior to the preparation of any plans, the applicant should consult the Dauphin County Conservation District representative concerning the preparation of plans for erosion and sedimentation control.

D. The applicant shall examine the accessibility of public sewerage and public water to the development site.

(1) If the site is located within an area planned or currently receiving public sewer and/or water services, the applicant shall consult with the Municipal Authority and/or appropriate water utility.

(2) If on-site systems are applicable, soil suitability testing shall be required and be in compliance with current Pennsylvania Department of Environmental Protection regulations.

E. At this stage, the Commission shall assist the applicant in determining whether or not the site is located in an identified flood hazard area, in which case applicable floodplain management requirements shall be complied with.

F. If it is known that the parcels being created will be used for development requiring a special permit, or for development that is considered dangerous to human life, prospective developers should check the provisions contained in Chapter 295, Zoning, and the Building Code,[1] which pertain specifically to those kinds of development.

[1] Editor's Note: See Ch. 128, Code Enforcement.

§ 253-10 Minor subdivision and land development application.

A. Where six or fewer lots are proposed to be subdivided from a tract of land or where land is being transferred to be combined with an existing lot, the Board of Commissioners, being advised by the Planning Commission, in response to a written request by the applicant, may waive the requirements of preliminary plat requirements, provided such proposal is on an existing street and no new streets are involved. In such case the applicant shall submit a final plat as follows:

(1) The final plat shall be submitted and processed as required by § 253-13, Final plat procedure, and contain the following data and plat specifications:

(a) Submit an erosion and sedimentation control plan as required by the Pennsylvania Clean Streams Law,[1] and the Pennsylvania Department of Environmental Protection "Erosion Control Rules and Regulations" (Title 25, Part I, Subpart C, Article II, Chapter 102, "Erosion and Sediment Control"). The plan content shall be prepared in accordance with the erosion control measures set forth in the "Erosion and Sediment Control Handbook" prepared by the Cumberland, Dauphin and Perry County Conservation Districts.

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

(b) Eight copies, two reproducible copies and one opaque Mylar copy of the plat prepared by a registered surveyor or engineer on sheets clearly labeled "FINAL PLAT" shall be submitted containing the following information:

[1] Outline of the property from which the lot or lots are being subdivided;

[2] Bearings and distances of the property taken from the property deed including the primary control point;

[3] Adjacent landowners' names;

[4] Location on the property map of existing streets, streams and woods;

[5] A separate drawing of the proposed lot (scale one inch equals 100 feet) with lot area, lot number, lot dimensions, bearings and distances of lot lines, existing street right-of-way and street name and number, building setback lines and contours, with a five-foot interval;

[6] A location map on the plat (minimum scale one inch equals 1,000 feet) showing property location, streets and other pertinent information;

[7] Name of the zoning district in which the site is located and the zoning district of adjacent properties; and

[8] Additional data required on the plat:

[a] Name, address, and telephone number of owner or applicant;

[b] Name, address, and telephone number and seal of professional engineer certifying engineering aspects and professional land surveyor certifying accuracy of plat survey (as defined herein) (example contained in Exhibit I[2] herein);

[2] Editor's Note: Exhibit I is included at the end of this chapter.

[c] Date of plat preparation;

[d] Municipality where property is located;

[e] Scale on plan and North point on plan and location map;

[f] Certification of ownership and dedicatory statement signed by owner (example contained in Exhibit I herein);

[g] Notary public and recording statement (example contained in Exhibit I herein);

[h] Approval blocks to be signed by the Planning Commission and the Board of Commissioners (example contained in Exhibit II[3] herein);

[3] Editor's Note: Exhibit II is included at the end of this chapter.

[i] Location and description of survey monuments shown on the plat;

[j] Proposed protective covenants running with the land, if any;

[k] Reference to recorded subdivision plats of adjoining platted land and by record name, date and number;

[l] When applicable, a copy of the "Sewage Module for Land Development" or other equivalent documentation approved by the Department of Environmental Protection in compliance with the requirements of the Pennsylvania Department of Environmental Protection; in any event a copy of the final plat shall be submitted to the Swatara Township Authority for its review and comment;

[m] If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Commissioners that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility; a copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable;

[n] Compliance with § 253-12A(1)(n) of this chapter pertaining to applications located in a flood hazard area; and

[o] Such other data as may be required by the Planning Commission or Board of Commissioners in the enforcement of this chapter.

(c) If the final plan proposes recreational areas (rather than a fee in lieu of dedication) as required by § 253-24 of this chapter, the recreational area must be developed and available for use before, or at the same time as, any residential unit or structure constructed pursuant to the plan is ready for occupancy; no occupancy permit shall be issued for any residential unit or structure constructed pursuant to the plan unless said recreational area is completed to the satisfaction of the Township.

[Added 11-9-2005 by Ord. No. 2005-11]

§ 253-11 Preliminary plat procedure.

A. The applicant, 15 working days prior to the meeting of the Commission at which consideration is desired, shall file with the Code Enforcement Officer eight copies of a preliminary plat of the proposed subdivision or land development and other required data and maps. The applicant shall submit concurrently, with the preliminary plat, copies of the sewage "Plan Revision Module for Land Development."

[Amended 9-8-2004 by Ord. No. 2004-6]

B. The Commission shall submit copies to the Board of Commissioners and the County Planning Commission and may submit copies to the Township Engineer, public utilities, Municipal Authority, School Board, Dauphin County Conservation District, Pennsylvania Department of Environmental Protection and other public agencies. The Board of Commissioners, upon the recommendation of the Commission, shall act on any such preliminary plat not later than 90 days following the date of the regular meeting of the Board of Commissioners or the Planning Commission (whichever first reviews the application) following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed. In the event that any modification of requirements from this chapter is requested by the applicant or is deemed necessary by the Commission for approval, the modification (if granted in the case of applicant request) and the reason for its necessity shall be entered in the records of the Commission.

C. The Dauphin County Planning Commission shall review the preliminary plat and data and shall return one copy of a written report stating their suggestions for modifications and design changes to the Planning Commission within 30 days of their receipt of same or forfeit their right to review.

D. Before acting on any subdivision plat, the Board of Commissioners may, but shall not be required to, hold a public hearing thereon after public notice.

E. The Board of Commissioners shall decide whether the preliminary plat shall be approved, or approval subject to conditions acceptable to the applicant, or disapproved, and shall notify the applicant of the decision in writing either personally or by mail to him at his last known address not later than 15 days following the decision.

F. When an application (or plat) is approved subject to conditions, the conditions must be based on the authority, guidelines, or provisions of this chapter. The applicant must concur in each and every condition and must do so in writing or orally (if such concurrence occurs at a public meeting where concurrence may be reflected in the official minutes.) The concurrence or rejection of the applicant on conditions must occur in a timely fashion so as to permit approval or disapproval of the application (or plat) within the time limitation set forth in Subsection B above. Approval of a plat subject to conditions shall be reconciled automatically upon the applicant's failure to accept or reject such conditions in the timely fashion set forth above. Such automatic recision shall be deemed a disapproval and applicant shall be so notified in the manner set forth in Subsections E and G hereof.

G. When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the chapter, statute or ordinance relied upon.

H. Failure of the Board of Commissioners to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect. (A sample "Agreement to Extend the Time for Rendering and Communicating a Decision on Certain Preliminary and/or Final Subdivision Plans" is contained in Exhibit III[1] herein.)

[1] Editor's Note: Exhibit III is included at the end of this chapter.

I. Approval of the preliminary plat constitutes approval of the proposed subdivision or land development with respect to the general design, the approximate dimensions and other planned features. Preliminary approval binds the developer to the general scheme of the plat as approved. Preliminary approval does not authorize the recording, sale or transfer of lots or the installation of improvements.

J. Preliminary approval shall expire within five years after being granted. An extension of time may be requested by the applicant and approved by the Board of Commissioners in accordance with § 508(4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended, 53 P.S. § 10508(4). Request for extension shall be submitted to the Code Enforcement Officer 30 days prior to any prevailing expiration date.

K. In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the Board of Commissioners in its discretion.

L. 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 depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Commissioners in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.

M. Failure of landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in this chapter, zoning, and other governing ordinance enacted by the Township subsequent to the date of the initial preliminary plan submission.

N. If a preliminary plan proposes recreational areas (rather than a fee in lieu of dedication) as required by § 253-24 of this chapter, the recreational area must be developed and available for use before, or at the same time as, any residential unit or structure constructed pursuant to the plan is ready for occupancy; no occupancy permit shall be issued for any residential unit or structure constructed pursuant to the plan unless said recreational area is completed to the satisfaction of the Township.

[Added 11-9-2005 by Ord. No. 2005-11]

§ 253-12 Preliminary plat specifications.

A. The following shall be submitted in application for review and approval of a preliminary plat:

(1) Eight copies and two reproducible copies and one opaque Mylar copy of a map or series of maps or sheets drawn to scale not smaller than 100 feet to the inch, unless otherwise specified herein, clearly labeled "PRELIMINARY PLAT," and showing the following:

(a) The development or property name.

(b) The owner's or applicant's name, address and telephone number.

(c) The municipality's name in which the plat is located.

(d) Name, address, telephone number and seal of the professional engineer certifying engineering aspects and professional land surveyor certifying accuracy of plat survey (as defined herein). (Example contained in Exhibit I[1] herein.)

[1] Editor's Note: Exhibit I is included at the end of this chapter.

(e) Scale on plan and North point on plan and location map.

(f) A location map, at a scale not less than 1,000 feet to the inch, covering sufficient area to establish the location of the site within the Township.

(g) Existing natural features such as watercourses, marshes, rock outcrops and wooded areas.

(h) All existing buildings, sanitary and storm sewers, water mains, culverts, fire hydrants, sidewalks and other significant man-made features on or adjacent to the tract.

(i) Existing contours at vertical intervals of five feet or less as required by the Planning Commission.

(j) The layouts, names, and widths of the right-of-way, cartway and paving of proposed streets, alleys and easements.

(k) The layout of lots showing approximate dimensions, lot numbers, and approximate area of each lot.

(l) Parcels of land intended to be dedicated or reserved for schools, parks, playgrounds, parking areas, common open space, or other public, semipublic or community purposes.

(m) A map showing the location of the proposed subdivision and/or land development with respect to any identified floodplain area or district, including information on the one-hundred-year flood elevations.

(n) Where the subdivision and/or land development lies partially or completely within any identified floodplain area or district or where such activities border on any identified floodplain area or district, the preliminary plat shall include the following information: location and elevation of benchmark, proposed roads, utilities, and building sites, fills, flood or erosion protection facilities; the one-hundred-year-flood elevations; and areas subject to special deed restrictions. All such maps shall show contours at intervals of two feet or five feet depending upon the slope of the land and identify accurately the boundaries of the identified floodplain areas or districts.

(o) All plats shall contain a note indicating that no lot shall be altered so as to have an adverse impact on the stormwater management plan.

B. The preliminary plat shall be accompanied by the following data and plans:

(1) A profile of each street, including grades.

(2) Location of existing and proposed utility mains.

(3) Location plans of proposed sanitary, stormwater or combined sewers and of any proposed water distribution systems.

(4) A profile of the proposed sanitary and storm sewers and water lines, with invert elevations and connections to existing systems.

(5) A preliminary erosion and sedimentation control plan together with a report of the County Conservation District indicating whether a permit for earthmoving activity is required from the Department of Environmental Protection under the Rules and Regulations, Chapter 102, "Erosion and Sediment Control," P.L. 1987, June 22, 1937, as amended.[2]

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

(6) A completed sewage "Plan Revision Module for Land Development" to comply with the planning requirements of the Pennsylvania Department of Environmental Protection Sewage Regulations of the Pennsylvania Code for submission by the Township to the Department of Environmental Protection; in any event a copy of the final plat shall be submitted to the Swatara Township Authority for its review and comment.

(7) If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Commissioners that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable.

(8) A copy of a report, where deemed necessary by the Planning Commission and/or by the Board of Commissioners and/or Township Engineer, indicating an estimated volume of vehicular traffic movement and the adequacy of the proposed and existing streets and highways to carry the traffic both within and beyond the proposed development including possible solutions to such problems as may be thereby identified.

(9) A copy of a report, where deemed necessary by the Planning Commission and/or by the Board of Commissioners and/or Township Engineer, indicating the general arrangement for stormwater drainage, the estimated volume of water to be generated and the effect of such volumes on the drainageways or streams within the development and that projected volumes can be accommodated by the existing drainage facilities or streams beyond the proposed development.

(10) Cross section of site, including retention/detention ponds if they are included in plan.

§ 253-13 Final plat procedure.

A. The applicant shall, not later than 12 months after the date of approval of the preliminary plat, for that portion he intends to develop, file with the Township's Code Enforcement Officer a final plat. Such filing shall include as part of the formal submission all the material and other data required under the final plat specifications as listed in § 253-14A(1) through (19) of this chapter. Failure to comply with the time limitation herein provided shall make the approval of the preliminary plat null and void unless an extension of time is granted in the same manner as extension is provided for in § 253-11J.

B. The final plat shall incorporate all the changes and modifications required by the Board of Commissioners; otherwise it shall conform to the approved preliminary plat, and it may constitute only that portion of the approved preliminary plat which the applicant proposes to record and develop at the time, provided that such portion conforms with all of the requirements of this chapter.

C. Two reproducible copies of the final plat and eight prints and one opaque Mylar copy shall be filed by the applicant with the Township's Code Enforcement Officer 10 days prior to the meeting of the Planning Commission at which meeting consideration is desired.

(1) Before approval of a final plat, the Board of Commissioners must be assured of the completion of all improvements required by Article V hereof, recreational facilities, open space improvements, buffer or screen plantings, fences or other improvements required by the Board of Commissioners. Such assurance shall be by means of financial security deposited with appropriate Township officials in sufficient amount to cover the costs of any improvements and be in the form of federal or commonwealth chartered institution irrevocable letters of credit (example contained in Exhibit IV[1] herein) or restrictive or escrow accounts in such lending institutions, or any other type of financial security which the Board of Commissioners may approve. 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 such bonding company or lending institution is authorized to conduct such business within the commonwealth. Such financial security shall provide for and secure to the public the completion of any improvements which may be required within one year of the date fixed in the subdivision plat for completion of such improvements. (A sample "Agreement to Establish Security" is contained in Exhibit V.[2])

[1] Editor's Note: Exhibit IV is included at the end of this chapter.

[2] Editor's Note: Exhibit V is included at the end of this chapter.

(2) When requested by the developer, in order to facilitate financing, the Board of Commissioners shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is 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 Board of Commissioners; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

D. 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 completion by the developer. Annually, the municipality may adjust the amount of the financial security by comparing the actual cost of the improvement 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 municipality may required the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

E. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the 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 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.

F. 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 the 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. Where development is projected over a period of years, the Board of Commissioners may authorize submission of final plats by sections 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.

G. As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Commissioners to release or authorize the release of, 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 Commissioners who shall have 45 days from receipt of such request in which to allow the Township Engineer to certify, in writing, to the Board of Commissioners that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the Board of Commissioners shall authorize release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer, fairly representing the value of the improvements completed. If the Board of Commissioners fails to act within the said forty-five-day period, it shall be deemed to have approved the release of funds as requested. The Board of Commissioners 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.

H. Where the Board of Commissioners accepts dedication of all or some of the required improvements following completion, it may require the posting of financial security to secure the 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 plat 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 such financial security shall not exceed 15% of the actual cost of installation of said improvements.

I. 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 a 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.

J. If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat 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 on the final plat upon actual completion of the improvement depicted on the approved final plat. If 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 on the approved plat either on 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.

K. When the developer has completed all of the required improvements, the developer shall notify the Board of Commissioners, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer.

(1) The Board of Commissioners shall, within 10 days after receipt of such notice, direct and authorize the Municipal Engineer or Township staff to inspect all of the required improvements.

(2) The Township Engineer shall, thereupon, file a report, in writing, with the Board of Commissioners and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Municipal Engineer of the authorization for inspection by the Board of Commissioners.

(3) The report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for nonapproval or rejection.

(4) The Board of Commissioners shall notify the developer not later than 15 days following a decision, in writing, by certified or registered mail, of its action with relation thereto.

(5) If the Board of Commissioners or the Municipal Engineer fails to comply with the fifteen-day time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released of all liability pursuant to its performance guaranty.

(6) If any portion of the said improvement shall not be approved or shall be rejected by the Board of Commissioners, the developer shall proceed to complete the same and, upon completion, the same procedure of notification as listed above shall be followed.

L. Before acting on any subdivision plat, the Board of Commissioners may hold a public hearing thereon after public notice.

M. The Board of Commissioners, upon the recommendation of the Planning Commission, shall act on the final subdivision or land development plat within 90 days and as prescribed in § 253-11B, D, F, G and H.

N. Upon final approval of plat, where the proposed subdivision and/or land development abuts a state highway (Legislative Route, Pennsylvania Route or United States Route), the applicant shall produce a state highway occupancy permit and the plat shall be marked to indicate that access to the state highway shall be only as authorized by the highway occupancy permit. If state highway occupancy permits have not been produced, the Township may grant a conditional subdivision plan approval subject to a notice being placed on the face of the plan. If the developer does not agree in writing to this condition, the plan shall be denied. Suggested wording of the notice is as follows:

"NOTICE: No building permit will be issued for any lot or parcel which will require access to a state highway until authorized by a PennDOT highway occupancy permit. 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," before driveway access to a state highway is permitted."

O. No changes, erasures, modifications, or revisions shall be made on any final plat of a subdivision or land development after approval has been given by the Board of Commissioners, and endorsed in writing on the plat, unless the plat is first resubmitted to the Board of Commissioners.

P. Within 90 days after the date of approval of a final plat by the Board of Commissioners, the developer shall record an approved duplicate copy thereof in the office of the Recorder of Deeds of Dauphin County, retain one recorded copy for Township records and return the remaining recorded copies to the developer with the Plan Book and page numbers indicated on the plat.

Q. Whenever plat approval by the Board of Commissioners is required, the Dauphin County Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the approval of the Board of Commissioners and review by the Dauphin County Planning Commission, and recommended approval by the Swatara Township Planning Commission.

R. In accordance with § 508(4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended, 53 P.S. § 10508(4), when an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.

§ 253-14 Final plat specifications.

The following shall be submitted in application for review and approval of a final plat:

A. Eight copies and two reproducible copies and one opaque Mylar copy of the final plat in the form of a map or series of maps on sheets drawn to scale not smaller than 100 feet to the inch and clearly labeled "FINAL PLAT." When more than one sheet is required, an index sheet of the entire subdivision or land development shall be shown on a sheet of the same size. The final plat shall be drawn in ink and shall show the following:

(1) Primary control points, or description and "ties" to such control points, to which all dimensions, angles, bearings, and similar data on the subdivision or land development plat shall be referred.

(2) Tract boundary lines, right-of-way lines of streets, easements, and other rights-of-way, and property lines of residential lots or parcels in unit, cooperative or condominium subdivisions and other sites with accurate dimensions, bearing or deflection angles, and radii, arcs, and central angles of all curves.

(3) Locations and descriptions of survey monuments. All permanent reference monuments shown and described on the plat.

(4) Name, address, telephone number and seal of the professional engineer certifying engineering aspects and professional land surveyor certifying accuracy of plat survey (as defined herein). (Example contained in Exhibit I[1] herein.)

[1] Editor's Note: Exhibit I is included at the end of this chapter.

(5) Certification of title showing that the applicant is the owner of land, agent of the landowner or tenant with permission of the landowner. (Example contained in Exhibit I herein.)

(6) Statement by the owner dedicating streets, rights-of-way, any sites for public uses which are to be dedicated. (Example contained in Exhibit I herein.)

(7) Proposed protective covenants running with the land, if any.

(8) Name, address and telephone number of the owner/applicant.

(9) Street lighting facilities, as applicable.

(10) Location map, clearly depicting the location of the tract in Swatara Township.

(11) Number to identify each lot or parcel in unit, cooperative or condominium subdivisions and/or site.

(12) Purpose for which sites other than residential lots or parcels in unit, cooperative or condominium subdivisions are dedicated or reserved.

(13) Building setback lines on all lots or parcels in unit, cooperative or condominium subdivisions and/or sites.

(14) Existing and proposed contours at vertical intervals of five feet or less as determined at the preliminary plat stage.

(15) Names of record owners of adjoining land.

(16) Reference to recorded subdivision plats of adjoining platted land by record name, date, and number.

(17) A final erosion and sedimentation control plan pursuant to the rules and regulations of the Pennsylvania Department of Environmental Protection (25 Pa. Code Part I, Subpart C, Article II, Chapter 102) and evidence that any required erosion and sedimentation control permit has been issued. If an erosion and sedimentation control permit is not required, the applicant shall provide evidence that the erosion and sedimentation control plan has been reviewed and approved by the County Conservation District office, however, if the District office does not desire to review the plan, or even if it has and the Board of Commissioners so desire, the Board of Commissioners may, at its discretion, have the plan reviewed by the Township Engineer. The cost of the review shall be paid by the applicant.

(18) Approval blocks to be signed by the appropriate officers of the Planning Commission and Board of Commissioners. (Example contained in Exhibit II[2] herein.)

[2] Editor's Note: Exhibit II is included at the end of this chapter.

(19) Other data. The final plat shall be accompanied by the following data and plans as prescribed by the Board of Commissioners or as required by the laws of the commonwealth:

(a) Profiles of streets and alleys showing grades.

(b) Typical cross sections of each type of street, minor street, collector, etc., showing the width of right-of-way, width of cartway, location and width of sidewalks, and curbs if required, and location and size of utility mains.

(c) Plans and profiles of proposed sanitary and stormwater sewers, with grades and pipe size indicated, and a plan of any proposed water distribution system showing pipe sizes and location of valves and fire hydrants.

(d) Certificates of agreement to provide service from applicable utility companies. Water supply: If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Commissioners that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable.

(e) In the case of subdivision and land development plans proposed for the sale of lots only, the subdivider shall include on the final plat a covenant running with the land assuring the implementation by the lot owners of the erosion and sedimentation control plan. In the event an applicant or developer requires, or believes he requires, a zoning hearing or zoning change in respect to any zoning matters affecting any plat being submitted, he shall first submit and secure approval for the plat, albeit such approval may be conditioned on the zoning hearing or change before proceeding to and securing the zoning hearing or change.

(f) A copy of the sewage "Plan Revision Module for Land Development" submitted to the Department of Environmental Protection in compliance with the requirements of the Pennsylvania Sewage Facilities Act[3] and 25 Pa. Code Chapter 71, § 71(16). In any event a copy of the final plat shall be submitted to the Swatara Township Authority for its review and development.

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

(g) When any portion of the tract proposed for subdivision or land development is located within an identified flood district or floodplain area, the following information shall be required as part of the final plat and shall be prepared by a registered engineer or surveyor:

[1] The exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any identified floodplain area or district. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the floodplain areas, and shall be verified by the Township Engineer.

[2] Submission of the final plat shall also be accompanied by all required permits and related documentation from the Department of Environmental Protection, and any other commonwealth agency, or local municipality where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation. The Department of Community and Economic Development and the Federal Insurance Administrator shall also be notified whenever any such activity is proposed.

(h) A final stormwater management plan, approved by the Township Engineer.

(i) Such other certificates, affidavits, endorsements, or dedications as may be required by the Board of Commissioners in the enforcement of these regulations.