[Added 7-2-2002 by Ord. No. 4-02]
The application for a preliminary plan submission within the optional Conservation Design (CD-1) Overlay District shall provide the name and address of the legal owner or equitable owner of the subject property and the name and address of the applicant if not the same party, plus the following elements listed below. A deed or agreement of sale evidencing that the applicant is the legal or equitable owner of the land to be subdivided or developed shall be shown.
A. Preliminary plan application submission requirements. The submission requirements for a preliminary plan within the optional Conservation Design (CD-1) Overlay District shall consist of the following elements and shall be prepared in accordance with the drafting standards and plan requirements described herein:
(2) Existing resources and site analysis plan.
(3) Preliminary resource impact and conservation plan.
(4) Preliminary improvements plan.
(5) Preliminary studies and reports as set forth in other parts of this chapter.
B. Drafting standards.
(1) The plan shall be drawn to a scale of either one inch equals 100 feet or one inch equals 200 feet, whichever would fit best on a standard size sheet (24 inches by 36 inches), unless otherwise approved by the Planning Commission.
(2) Dimensions shall be set in feet.
(3) Each sheet shall be numbered, and the plan shall provide an adequate legend indicating clearly which features are existing and which are proposed.
(4) All plans submitted shall be made on sheets no larger than 34 inches by 44 inches nor smaller than 17 inches by 22 inches.
C. Plan requirements. The following plans and maps shall bear the name, signature, address, and telephone number of the engineer, land surveyor, or landscape architect responsible for preparing the plan or map:
(1) Site context map. A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For sites under 100 acres in area, such maps shall be at a scale not less than one inch equals 200 feet and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be one inch equals 400 feet and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on site context maps include topography (from USGS maps), stream valleys, wetland complexes (from maps published by the United States Fish and Wildlife Service or the USDA Natural Resources Conservation Service), woodlands over one-half acre in area (from aerial photographs), ridge lines, public roads and trails, utility easements and rights-of-way, public land, and land protected under conservation easements.
(2) Existing resources and site analysis plan. For all subdivisions (except those in which all proposed lots are to be ten or more acres in area), an existing resources and site analysis plan shall be prepared to provide the developer and the Township with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. Conditions beyond the parcel boundaries may be described on the basis of existing published data available from governmental agencies and from aerial photographs. The Township shall review the plan to assess its accuracy, conformance with municipal ordinances, and likely impact upon the natural and cultural resources on the property. Unless otherwise specified by the Planning Commission, such plans shall generally be prepared at the scale of one inch equals 100 feet or one inch equals 200 feet, whichever would fit best on a single standard size sheet (24 inches by 36 inches). The following information shall be included in this plan:
(a) A vertical aerial photograph enlarged to a scale not less detailed than one inch equals 400 feet, with the site boundaries clearly marked, is recommended, but not required, under this section.
(b) Topography, the contour lines of which shall generally be at two-foot intervals, determined by photogrammetry (although ten-foot intervals are permissible beyond the parcel boundaries, interpolated from USGS published maps). The determination of appropriate contour intervals shall be made by the Planning Commission, which may specify greater or lesser intervals on exceptionally steep or flat sites. Slopes between 15% and 25% and exceeding 25% shall be clearly indicated. Topography for major subdivisions shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official USGS benchmarks for vertical control.
(c) The location and delineation of ponds, streams, ditches, drains, and natural drainage swales, as well as the one-hundred-year floodplains and wetlands, as defined in the Zoning Ordinance. Additional areas of wetlands on the proposed development parcel shall also be indicated, as evident from testing, visual inspection, or from the presence of wetland vegetation.
(d) Vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grass land, meadow, pasture, old field, hedgerow, woodland and wetland, trees with a caliper in excess of fifteen inches at a height of five feet, the actual canopy line of existing trees and woodlands. Plant community, relative age and condition shall describe vegetative types.
(e) Soil series, types and phases, as mapped by the United States Department of Agriculture, Natural Resources Conservation Service, in the published soil survey for the county and accompanying data published for each soil relating to its suitability for construction (and, in unsewered areas, for septic suitability).
(f) Ridge lines and watershed boundaries shall be identified.
(g) A viewshed analysis showing the location and extent of views into the property from public roads and from public parks, public forests, and state game lands.
(h) Geologic formations on the proposed development parcel, including rock outcroppings, cliffs, sinkholes, and fault lines, based on available published information or more detailed data obtained by the applicant.
(i) All existing man-made features, including but not limited to streets, driveways, farm roads, woods roads, buildings, foundations, walls, wells, drainage fields, dumps, utilities, fire hydrants, and storm and sanitary sewers.
(j) Locations of all historically significant sites or structures on the tract, including but not limited to cellarholes, stonewalls, earthworks, and graves.
(k) Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.).
(l) All easements and other encumbrances of property which are or have been filed of record with the Recorder of Deeds of Erie County shall be shown on the plan.
(m) Total acreage of the tract, the adjusted tract area and the constrained land area with detailed supporting calculations.
(3) Four-step design process for subdivisions in the Conservation Design (CD-1) Overlay District. (Note: This process can also be used in the A-1, R-1, and R-2 Zoning Districts where conservation design is encouraged under the Township's Chapter
150, Zoning.
(a) All preliminary plans in the Conservation Design (CD-1) Overlay District shall include documentation of a four-step design process in determining the layout of proposed greenway lands, house sites, streets and lot lines, as described below. (See also §
119-26.2B.)
[1] Step 1: Delineation of greenway lands.
[a] The minimum percentage and acreage of required greenway lands shall be calculated by the applicant and submitted as part of the sketch plan or preliminary plan in accordance with the provisions of this chapter and of the Zoning Ordinance. Greenway lands shall include all primary conservation areas and those parts of the remaining buildable lands with the highest resource significance, as described below and in §
119-26.3A and
B.
[b] Proposed greenway lands shall be designated using the existing resources and site analysis plan as a base map and complying with §
150-21D of the Zoning Ordinance and §§
119-26.2 and
119-26.3 herein, dealing with resource conservation and greenway delineation standards. The Township's Comprehensive Plan shall also be referenced and considered. Primary conservation areas shall be delineated comprising floodplains, wetlands and slopes over 25%. [The definition of primary conservation areas is independent of the density factors applied to various categories of constrained lands to calculate adjusted tract area in § 150-26D(3)(a) of the Zoning Ordinance.]
[c] In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed greenway, in consultation with the Planning Commission and in accordance with §
119-26.3A and
B herein (Prioritized list of resources to be conserved and other design considerations).
[d] On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resources areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area percentage requirements for greenway lands and in a manner clearly indicating their boundaries as well as the types of resources included within them.
[2] Step 2: Location of house sites. Potential house sites shall be tentatively located, using the proposed greenway lands as a base map as well as other relevant data on the existing resources and site analysis plan such as topography and soils. House sites should generally be located not closer than 100 feet from primary conservation areas and 50 feet from secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.
[3] Step 3: Alignment of streets and trails. Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards in §
119-26.2 herein, and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed greenway lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Street connections shall generally be encouraged to minimize the number of new culs-de-sac to be maintained by the Township and to facilitate access to and from homes in different parts of the tract (and adjoining parcels).
[4] Step 4: Drawing in the lot lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots.
(b) Applicants shall be prepared to submit four separate sketch maps indicating the findings of each step of the design process if so requested by the Planning Commission or the Township Council.
(4) Preliminary resource impact and conservation plan.
(a) A preliminary resource impact and conservation plan shall be prepared for all major subdivision and land development applications to categorize the impacts of the proposed activities and physical alterations on those resources shown on the existing resources and site analysis plan [as required under §
119-14.1C(2)]. All proposed improvements, including but not necessarily limited to grading, fill, streets, buildings, utilities and stormwater detention facilities, as proposed in the other preliminary plan documents, shall be taken into account in preparing the preliminary resource impact and conservation plan, which shall clearly demonstrate that the applicant has minimized site disturbance to the greatest extent practicable.
(b) Using the existing resources and site analysis plan as a base map, impact areas shall be mapped according to the following categories:
[1] Primary impact areas, i.e., areas directly impacted by the proposed subdivision;
[2] Secondary impact areas, i.e., areas in proximity to primary areas which may be impacted; and
[3] Designated protected areas, either to be included in a proposed greenway or an equivalent designation such as dedication of a neighborhood park site.
(c) This requirement for a preliminary resource impact and conservation plan may be waived by the Planning Commission if, in its judgment, the proposed development areas, as laid out in the sketch plan or in the preliminary plan, would be likely to cause no more than an insignificant impact upon the site's resources.
(5) Preliminary improvements plan. This plan shall include the following items:
(a) Historic resources, trails and significant natural features, including topography, areas of steep slope, wetlands, one-hundred-year floodplains, swales, rock outcroppings, vegetation, existing utilities, and other site features, as indicated on the existing resources and site analysis plan.
(b) Existing and approximate proposed lot lines, lot areas, any existing easements and rights-of-way. For properties subject to the Conservation Design (CD-1) Overlay District, the boundaries of greenway lands shall be indicated.
(c) Approximate location, alignment, width and tentative names of all proposed streets and street rights-of-way, including all street extensions or spurs that are reasonably necessary to provide adequate street connections and facilities to adjoining development or undeveloped areas; preliminarily engineered profiles for proposed streets.
(d) Approximate location of proposed swales, drainage easements, stormwater and other management facilities.
(e) Where community sewage service is to be permitted, the conceptual layout of proposed sewage systems, including but not limited to the tentative locations of sewer mains and sewage treatment plants, showing the type and degree of treatment intended and the size and capacity of treatment facilities.
(f) Where central water service is to be permitted, the conceptual layout of proposed water distribution facilities, including water mains, fire hydrants, and storage tanks and, where appropriate, wells or other water sources.
(g) Location of all percolation tests as may be required under this chapter, including all failed test sites or pits as well as those approved and including an approved alternate site for each lot requiring a sand mound system. All approved sites shall be clearly distinguished from unapproved sites.
(h) Limit-of-disturbance line (must be exact in relation to the retention of existing trees proposed to be saved).
(i) Approximate location and dimensions of proposed playgrounds, public buildings, public areas and parcels of land proposed to be dedicated or reserved for public use.
(j) If land to be subdivided lies partly in or abuts another municipality, the applicant shall submit information concerning the location and conceptual design of streets, layout and size of lots and provisions of public improvements on land subject to his control within the adjoining municipalities. The design of public improvements shall provide for a smooth, practical transition where specifications vary between municipalities. Evidence of approval of this information by appropriate officials of the adjoining municipalities also shall be submitted.
(k) Where the applicant proposes to install the improvements in phases, he shall submit with the preliminary plan a delineation of the proposed sections and a schedule of deadlines within which applications for final approval of each section are intended to be filed. See also §
119-17.
(l) Typical street cross-section drawing(s) for all proposed streets shall be shown, including details relating to thickness, crowning and construction materials.
(m) Utilities and easements.
[1] Exact locations of existing utility easements and approximate locations of proposed utility easements.
[2] Approximate layout of all proposed sanitary and storm sewers and location of all inlets and culverts and any proposed connections with existing facilities. (These data may be on a separate plan.)
[3] The tentative location of proposed on-site sewage and water facilities.
(n) Approximate location of proposed shade trees, plus locations of existing vegetation to be retained.
(o) Signature blocks for the Planning Commission, Township Council, and the County Planning Commission, and a certificate for recording, shall be provided on the right-hand side of the preliminary improvements plan. While the preliminary plan does not require signatures, the signature blocks are required to ensure that adequate space is reserved and appropriate language is utilized.
(6) Preliminary studies and reports. The preliminary plan submission shall include the following studies to assist in determination of the impact of the application upon, among other things, municipal services and facilities:
(b) Groundwater protection and replenishment study.
(c) Erosion and sedimentation control plan.
(e) Community association document.
[1] A community association document, also known as a "homeowners' association document" or a "condominium association document," shall be provided for all subdivision and land development applications which propose lands or facilities to be used or owned in common by all the residents of that subdivision or land development and not deeded to the Township.
[2] The elements of the community association document shall include, but shall not necessarily be limited to the following:
[a] A description of all lands and facilities to be owned by the community association. This description shall include a map of the proposal highlighting the precise location of those lands and facilities.
[b] Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided.
[c] A declaration of covenants, conditions, and restrictions, giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document, which also provides for automatic association membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the association, including voting, elections, and meetings. Furthermore, it shall give power to the association to own and maintain the common property and to make and enforce rules.
[d] Statements prescribing the process which the community association reaches decisions and setting forth the authority to act.
[e] Statements requiring each owner within the subdivision or land development to become a member of the community association.
[f] Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement.
[g] Requirements for all owners to provide a pro rata share of the cost of the operations of the community association.
[h] A process of collection and enforcement to obtain funds from owners who fail to comply.
[i] A process for transition of control of the community association from the developer to the unit owners.
[j] Statements describing how the lands and facilities of the community association will be insured, including limit of liability.
[k] Provisions for the dissolution of the community association in the event the association should become inviable.
| NOTE: See also § 150-21J of the Zoning Ordinance, "Ownership and management of greenway land and common facilities." |
D. Preliminary greenway ownership and management plan. Using the preliminary plan as a base map, the boundaries, acreage and proposed ownership of all proposed greenway areas shall be shown. In addition, the applicant shall also submit a preliminary greenway ownership and management plan detailing the entities responsible for maintaining various elements of the property and describing management objectives and techniques for each part of the property. Such management plans shall be consistent with the requirements of §
150-21J of the Zoning Ordinance ("Ownership and management of greenway land and common facilities").
E. Preliminary engineering certification. Prior to approval of the preliminary plan, the applicant shall submit to the Planning Commission a preliminary engineering certification stating that the approximate layout of proposed streets, house lots, and greenway lands complies with the Township's Zoning and Subdivision Ordinances, particularly those sections governing the design of subdivision streets and stormwater management facilities. This certification requirement is meant to provide the Planning Commission with assurance that the proposed plan can be accomplished within the Township's current regulations. The certification shall also note any waivers needed to implement the plan as drawn.