[Amended 6-15-1987 by Ord. No. 87-517]
A.
All formal applications for approval of a subdivision
and/or land development plan shall be made by the developer filing
an application form, to be supplied by the Township, together with
the appropriate plans, filing fees set for plan review by the Board
of Supervisors and filing fees set by the Montgomery County Planning
Commission and the Township Planning Commission, if applicable, with
the Township Planner.
B.
The Township Planner shall have seven days from the
date of submission to check the plan to determine if, on its face,
it is in proper form and contains the information required by this
chapter. If defective, the Township Planner shall return the application
with a statement of rejection within the seven-day period; otherwise,
the application shall be deemed accepted for filing as of the date
of submission. Acceptance for filing shall not, however, constitute
a waiver of any deficiencies or irregularities. The applicant may
appeal a decision made under this section to the Board of Supervisors.
C.
All plans, drawings, data, specifications and tabulations
that are supplementary to the plan submission shall be considered
an integral part of the submission. The Board of Supervisors shall
not review plans until all required information is submitted. Plans
may be submitted for either preliminary or final approval.
A.
Filing. An applicant for subdivision and/or land development approval may file with the Township Planner either a preliminary or final plan. The applicant shall submit 12 paper sets of said plan and one electronic set of said plan in pdf format, with a minimum resolution of 300 dpi, for the approval process. All multiple-page plans shall be saved to a single pdf file. The plans shall be accompanied by the application form and filing fees required in § 145-25A above.
[Amended 7-14-2005 by Ord. No. 2005-747]
B.
Duties of the Township Planner. Upon receipt of the application, the Township Planner shall review the application and plans to determine if the application is complete on its face as set forth in § 145-25C above. If the application is accepted for filing, the Township Planner shall, if required by law, forward copies of the plans to the Montgomery County Planning Commission and the Township Planning Commission for their review and recommendation. The Township Planner shall also schedule the plan for review by the Township Staff Plan Review Committee and for formal action by the Board of Supervisors.
C.
Duties of the Township Engineer. Subsequent to the
receipt of reports from the Planning Commissions, if any, and of the
Township Staff Plan Review Committee and prior to review and formal
action by the Board of Supervisors, the Township Engineer shall review
the plan to determine compliance with the requirements of this chapter
and all other applicable Township ordinances and state and federal
regulations. The Township Engineer shall also review the plan to determine
if it is in accordance with accepted engineering practices. The Township
Engineer shall make a report to the Board of Supervisors prior to
the Board's formal action on the plan. The Township Engineer may recommend
changes to the plan consistent with the provisions of this chapter
and other applicable Township ordinances and may recommend that conditions
be attached to the plan as a part of the approval by the Board of
Supervisors.
D.
Duties of the Township Arborist and the Shade Tree and Beautification Commission. If a landscape plan is required under § 145-29E, the Township Arborist and the Shade Tree and Beautification Commission shall review the landscape plan to ensure compliance with the requirements of § 145-25. The Township Arborist and the Shade Tree and Beautification Commission shall also make any necessary recommendations as to the proper placement, size, number and types of plant material to be planted to the applicant and to the Board of Supervisors.
[Added 6-6-1988 by Ord. No. 88-533[1]]
[1]
Editor's Note: This ordinance also provided
for the renumbering of former Subsections D and E as E and F, respectively.
E.
Action by the Board of Supervisors. After receiving
the recommendations of the Planning Commissions, the Township Staff
Plan Review Committee and the Township Engineer, the Board of Supervisors
shall act upon the request for approval. No action on the plan shall
be taken by the Board of Supervisors within 45 days after submission
of the plan to the Planning Commissions unless the recommendations
of the Planning Commissions have been received prior to that date.
Before acting on any subdivision and/or land development plan, the
Board of Supervisors may schedule a public hearing thereon pursuant
to public notice. In no event shall the Board of Supervisors render
its decision later than 90 days following the date of the first regular
meeting of the Planning Commissions after the application is filed
unless the applicant shall have granted an extension to the Board
of Supervisors in writing.
F.
Decision of the Board of Supervisors. The Board of
Supervisors shall either approve the plan, approve the plan subject
to conditions or reject the plan. All approvals by the Board of Supervisors
are conditioned upon the applicant's filing with the Township, within
30 days after the date of the approval, three sets of record plans.
In the event that the applicant fails to file said record plans within
the time limit or request an extension of time in which to file said
record plans, the plan approval shall become null and void. This condition
of approval shall be cited by section number of this chapter in all
written decisions communicated to the applicant. Upon receipt of the
record plans, the Township Secretary shall certify to the approval
of the Board of Supervisors and shall return one copy of the record
plan to the applicant. In the event that the plan is rejected by the
Board of Supervisors, the decision of the Board of Supervisors shall
be in writing, shall indicate the sections of Township ordinances
or statutes relied upon and shall be delivered to the applicant personally
or mailed to him at his last known address not later than 15 days
following the decision of the Board of Supervisors. Reasonable conditions
to be imposed by the Board of Supervisors shall be accepted by the
applicant prior to formal action by the Board of Supervisors upon
the plan.
A.
The preliminary plan shall be documented with benchmarks
based on horizontal controls utilizing the PA State Plane Coordinate
System NAD 1983 datum. The preliminary plan shall be drafted at a
scale of not less than 50 feet to the inch, be no larger than 36 inches
by 24 inches and shall include the following information:
[Amended 7-14-2005 by Ord. No. 2005-747]
(1)
A location map showing the entire tract and its relation
to the surrounding area, drawn at a scale of 1,000 feet to the inch.
(2)
The title, North arrow, scale and date.
(3)
The tract name, Tax Map sheet, block and unit numbers
and tax parcel number.
(4)
The name and address of the record owner or owners.
(5)
The name and address of the developer, if different.
(6)
The name and seal of the engineer, architect, landscape
architect or surveyor responsible for the plan.
(7)
The tract boundary lines showing dimensions, bearings
and corners, including acreage to be plotted to the nearest one-tenth
(0.1) of an acre.
(8)
All adjacent properties and the owners of such properties.
(9)
Zoning district(s) and any information necessary to
determine if zoning requirements, such as density, setback, coverage
or parking, are met.
(10)
Types of soils based upon the United States
Department of Agriculture Soil Survey for Montgomery County.
(11)
Sufficient elevations and/or contours to determine
the general scope and natural drainage of the land and the high and
low points and tentative cross sections and center-line profiles for
all proposed new streets. Contours shall ordinarily be shown at intervals
of five feet but may be at lesser intervals in the case of relatively
level tracts.
(12)
Data to which contour elevations refer. Where
practicable, such data shall refer to known established elevations.
(13)
The location of all existing floodplains, wetlands,
watercourses, railroads, areas of subsidence, strip mines, culm banks,
the species and size of all trees six inches or more in diameter measured
at a point two feet above the average height of natural grade at the
tree base (marking all trees or wooded areas to be cleared), bridges,
culverts and other significant natural features on the tract and within
200 feet of its boundaries.
[Amended 4-17-1989 by Ord. No. 89-556]
(14)
The location of all existing buildings, sewers,
utility lines, fire hydrants and other significant man-made features
on the tract and within 200 feet of its boundary.
(15)
The location of all proposed buildings and parking
areas with an indication of the proposed size of the building, e.g.,
the number of dwelling units, and the tentative layout of parking
areas, including individual parking spaces.
(16)
The location and purpose of all existing and
proposed property lines, easements, utility easements and rights-of-way,
including dimensions.
(17)
All existing and proposed streets in or adjacent
to the tract, including the name, right-of-way width, cartway width
and location of monuments and proposed pedestrian movement system.
(18)
Cross sections of all proposed streets, showing
right-of-way width, paved width, location of curbs and sidewalks and
profiles of streets showing grades approved by the Township Engineer.
If deemed necessary by the Township Engineer, percolation data shall
also be submitted.
(19)
In tabular form, stormwater runoff in cubic
feet per second for predevelopment and preconstruction conditions
for two-, five-, ten-, twenty-five-, fifty- and one-hundred-year storms.
The stormwater runoff calculations shall be accompanied by three sealed
copies of the engineer's report with the applicable calculations.
(20)
Proposed utilities, including sanitary and storm
sewers, drainage facilities, waterlines, gas mains, electric and other
facilities. The size or capacity of each shall be shown, and proposed
connections to each existing utility shall also be shown.
(21)
The location of all proposed land uses, including
residential uses, by types, and areas to be dedicated or reserved
for common use, together with the proposed manner of maintenance if
not dedicated.
(22)
The size and intensity of use data, including
the number of residential or commercial lots, typical lot size, acreage
in proposed common open space and other public, semipublic or community
purposes, and the number and type of dwelling units or other buildings
proposed, if any.
(23)
Data relevant to the occurrence of flooding,
subsidence, landslides, mine fires and other geological hazards within
and adjacent to the tract proposed to be developed or subdivided.
(24)
A preliminary erosion and sedimentation control
plan pursuant to the rules and regulations of the Pennsylvania Department
of Environmental Resources.
C.
Where slopes in excess of 10% occur within the tract,
the applicant shall submit with the preliminary plan a preliminary
grading plan indicating the general location and magnitude of the
proposed cuts and fills.
D.
If the preliminary plan covers only a part of the
record owner's entire holdings, the applicant shall submit a separate
sketch of the entire holdings, which shall include a proposed street
plan for the entire holdings.
E.
The applicant shall attach a copy of any existing
or proposed deed restrictions or protective covenants applying to
the proposed subdivision or land development with each copy of the
preliminary plan.
Approval of the preliminary plan by the Board of Supervisors shall constitute approval of the subdivision and/or land development as to the character and intensity of the development and the arrangement and approximate dimensions of streets, lots and other planned features but shall not authorize the recording of the plan for the sale or transfer of lots. Approval of the preliminary plan shall be tentative only, and changes or modifications may subsequently be required if the Board of Supervisors determines such changes or modifications to be necessary for public safety or convenience. When the Board of Supervisors has approved a preliminary plan or has approved a preliminary plan subject to conditions acceptable to the applicant, no subsequent change or amendment in Chapter 165, Zoning, Chapter 145, Subdivision of Land, or other governing ordinances shall be applied to adversely affect the rights of the applicant to proceed to obtain final approval and commence and complete any aspect of the proposed subdivision and/or land development in accordance with the terms of the preliminary plan approval within five years from the date of such approval.
A.
The final plan shall be documented with benchmarks
based on horizontal controls utilizing the PA State Plane Coordinate
System NAD 1983 datum. The final plan shall be drafted at a scale
of not less than 50 feet to the inch, be no larger than 36 by 24 inches
and shall include the following information:
[Amended 7-14-2005 by Ord. No. 2005-747]
(1)
A location map showing the entire tract and its relation
to the surrounding area, drawn at a scale of 1,000 feet to the inch.
(2)
The title, North arrow, scale and date.
(3)
The tract name, Tax Map sheet, block and unit number
and tax parcel number.
(4)
The name and address of the record owner or owners,
to be extracted from the office of the Recorder of Deeds of Montgomery
County and accompanied by an affidavit that the applicant is the record
owner or the equitable owner of the subject tract.
(5)
The name and address of the developer, if different.
(6)
The name and seal of the engineer, architect, landscape
architect or surveyor responsible for the plan and a certification
by him to the effect that the plot represents a survey made by him
and that all monuments indicated thereon actually exist and that the
location, size and material of the same are correctly shown on the
plan and that all requirements of this chapter have been met.
(7)
The tract boundary lines showing accurate dimensions
and bearings, being developed with accurate distances to one-hundredth
(0.01) of a foot and bearings to 15 seconds, including acreage to
the nearest one-hundredth (0.01) of an acre.
(8)
All adjacent properties and the owners of such properties.
(9)
Zoning district(s) and any information necessary to
determine if zoning requirements, such as density, setback, coverage
or parking, are met.
(10)
Types of soils based upon the United States
Department of Agriculture Soil Survey of Montgomery County.
(11)
Lot numbers and the total number of lots and
parcels, together with the exact area of each lot based on a survey.
(12)
Accurate distances and directions to the nearest
established street corners and/or perimeter monuments and their relation
to bench marks. Reference corners shall be accurately described on
the final plan.
(13)
Accurate and complete curve data for all curves
included in the final plan.
(14)
The location, type, material and sizes of all
monuments and lot markers.
(15)
The accurate location of all existing and proposed
property lines within the proposed subdivision and/or land development
boundaries, together with all easements and rights-of-way, including
dimensions.
(16)
The accurate location of all existing streets
in or adjacent to the tract, including the name, cartway width and
right-of-way width.
(17)
The accurate location of all proposed streets
in or adjacent to the tract, including the name, cartway width, curblines,
sidewalks, right-of-way width and lines, location of all street monuments,
lengths of all straight lines, radii and lengths of curves and tangent
bearings and final street profiles, including typical cross section
and specifications and site distance data with accurate dimensions
in feet to the nearest hundredth and with angles to the nearest one
minute of one degree.
(18)
The location of all existing floodplains, wetlands,
watercourses, railroads, areas of subsidence, strip mines, culm banks,
the species and size of all trees six inches or more in diameter measured
at a point two feet above the average height of natural grade at the
tree base (marking all trees or wooded areas to be cleared), bridges,
culverts and other significant natural features on the tract and within
200 feet of its boundaries.
[Amended 4-17-1989 by Ord. No. 89-556]
(19)
Sufficient elevations and/or contours to determine
the scope and natural drainage of the land and the high and low points.
Contours shall be shown at intervals of five feet.
(20)
Data to which contour elevations refer. Where
practicable, such data shall refer to known established elevations.
(21)
The location of all existing buildings, sewers,
utility lines, fire hydrants and other significant man-made features
on the tract and within 200 feet of its boundary.
(22)
The location of all proposed buildings and parking
areas with an indication of the size of the buildings and layout of
the parking areas, including individual parking spaces.
(23)
The location and purpose of all existing easements,
utility easements and rights-of-way, including dimensions.
(24)
In tabular form, stormwater runoff in cubic
feet per second for predevelopment and preconstruction conditions
for two-, five-, ten-, twenty-five-, fifty- and one-hundred-year storms.
The stormwater runoff calculations shall be accompanied by three sealed
copies of the engineer's report with the applicable calculations.
(25)
Final profiles and other explanatory data concerning
the installation of sanitary and storm sewerage systems and water
distribution systems, including all retention and detention basins.
(26)
Utilities, including waterlines, gas mains,
electric and other facilities, including the size or capacity of each
and connection to the existing utility.
(27)
The location of all transmission lines and fire
hydrants provided by the developer, if any.
(28)
The location, size and invert elevation of all
sanitary sewers and the location of all manholes, inlets and culverts.
(29)
An indication of the intensity of use, such
as gross density in residential developments or the number and type
of prospective tenants in office, commercial or industrial developments.
(30)
Locations and sizes of all proposed land uses,
including residential uses by types and areas to be dedicated or reserved
for common use, together with the proposed manner of maintenance if
not dedicated.
(31)
Locations and heights of all structures, including
freestanding signs, and distances between buildings and between buildings
and streets or property lines.
(32)
The total number of dwelling units by type and
number of bedrooms.
(33)
The location and square footage of nonresidential
uses.
(34)
The location, square footage and number of vehicular
parking spaces in all parking areas.
(35)
The location and width of all private streets,
driveways and pedestrian walkways, if any, including any traffic controls
proposed at their intersections with public streets.
(36)
The exact location and size of all public or
common open space area, indicating facilities, ownership, offers of
dedication, proposed maintenance if not to be dedicated and covenants
governing the use of such areas.
(37)
A final erosion and sedimentation control plan,
including certification that any related permit required by the Pennsylvania
Department of Environmental Resources has been issued.
(38)
Where applicable, certification from the United
States Army Corps of Engineers that any proposed fill of wetlands
areas will be permitted.
(39)
A certificate of proposed dedication of streets
and other areas to be dedicated to public uses.
(40)
A certificate of ownership, acknowledgment of
plan and any offer of dedication lettered on the plan, duly acknowledged
and signed by the owner of the property and notarized.
B.
The applicant shall submit a final study and analysis
of traffic impact with recommendations for improvements to local streets
to a level of service C or greater as defined by the Highway Research
Board of the National Academy of Sciences-National Research Council.
C.
Where slopes in excess of 10% occur within the tract,
the applicant shall attach a final grading plan showing the accurate
location and magnitude of the cuts and fills with each copy of the
final plan.
D.
The applicant shall attach a copy of any existing
or proposed deed restriction or protective covenants applying to the
proposed subdivision and/or land development to each copy of the final
plan.
Subsequent to the approval of the final plan
by the Board of Supervisors, the subject tract of land shall not be
sold, transferred or improved except in strict conformity with the
provisions of the approved final plan.
Within 90 days after the approval of the final
subdivision or land development plan by the Board of Supervisors,
the applicant shall record the record plan in the office of the Recorder
of Deeds of Montgomery County and file with the Township a certification
that the plan has been recorded, indicating the book and page number.
If the applicant fails to have the plan recorded, the decision of
the Board of Supervisors shall become void unless the applicant shall
have obtained a written extension of time in which to have the plan
recorded. The developer shall proceed with the sale of lots and the
construction and/or sale of structures only after the record plan
has been recorded in the office of the Recorder of Deeds.
[Added 7-14-2005 by Ord. No. 2005-747]
When the Township requires escrow for site improvements,
as-built plans will also be escrowed. The applicant shall supply the
Township with one Mylar, one electronic set of as-built plans in a
pdf format with a minimum resolution of 300 dpi, and one electronic
set of as-built plans in either a DXF or DWG format. The DXF or DWG
plans shall comply with the format specifications outlined on a form
provided by the Township.
Lands subject to hazards of life, health or
property as may arise from fires, floods, diseases, subsidence or
other dangers, such as former landfill areas and areas of known sinkhole
activity, shall not be developed for purposes susceptible to such
hazards unless such hazards shall have been eliminated or the subdivision
and/or land development plan provides adequate safeguards against
such hazards.
[Added 4-17-1989 by Ord. No. 89-556]
A mortgage subdivision for the purpose of granting
separate and distinct mortgages on each parcel formed by a subdivision
shall be lawful even though each lot does not individually meet the
standards of this chapter or the requirements of the zoning district
in which the property is located, provided that:
A.
The application for development plan approval proposes
the construction of more than one building on a lot.
B.
The entire parcel to be used in common by two or more
of the buildings complies with lot area, building coverage, setback,
sewage disposal or other utilities, off-street parking, green area
and frontage requirements of applicable Township ordinances.
C.
Documentary evidence shall be filed with the Township,
in a form satisfactory to the Township:
(1)
Assigning responsibility for the construction,
control and maintenance of the facilities and areas to be used in
common.
(2)
Containing irrevocable cross easements in favor
of all parcels within the area of the plan as respects the use, control
and maintenance of the facilities and areas to be used in common so
that each of the subdivided lots becomes an integral part of the entire
parcel.
(3)
Declaring that the interest of any mortgagee
and that of any transferee of the mortgaged property upon a default
on the mortgage shall be subject to the requirements of the plan,
the obligations and responsibilities as to the facilities and areas
to be used in common and the requirements of the cross easements so
that such mortgagee or transferee, in the event of a default and transfer
of title of the property, shall be bound by the same.
