Township of Washington, PA Article III Application Procedures and Plat Requirements

§ 119-9 Preapplication investigation.

A. Copies of this chapter shall be available, on loan or at reproduction cost, for use by any person seeking information concerning land development and/or subdivision standards and procedures in effect within Washington Township. Any prospective developer or subdivider may meet with the Township Planning Commission to discuss and review tentative plans and/or any provisions of this chapter.

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

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

C. Prospective developers should consult the Erie County Conservation District representative concerning erosion and sediment control and the effect of geologic conditions on the proposed development.

D. Other areas which should be investigated and must be complied with prior to preliminary or final plan submissions include the standards of Chapter 150, Zoning, for the particular zoning district wherein the subdivision or land development is located, and Chapter 69, Floodplain Management, should the area to be developed be located within an official flood-prone area.

E. Where applicable, conservation design methods should be incorporated into the planning process as early as possible. A preapplication meeting should be held to discuss the plan, a site inspection (to be completed with the existing resources and site analysis plan in hand), and the development of the sketch plan through a four-stage process is encouraged.

[Added 7-2-2002 by Ord. No. 4-02]

F. All preliminary and final subdivision or land development plans shall be referred to and reviewed by the Planning Commission and shall be approved or disapproved by the Township Council in accordance with the procedures specified in this article and in other sections of this chapter. Any application not processed as required herein shall be null and void unless it was made prior to the adoption of these regulations.

[Added 7-2-2002 by Ord. No. 4-02]

G. Overview of procedures for major subdivision and land development plans within the optional Conservation Design (CD-1) Overlay District. The provisions of Subsection G(1) through (4) and G(6) through (11) below are required under this chapter for major subdivision and land development plans within the optional Conservation Design (CD-1) Overlay District. The provision of Subsection G(5) (sketch plan submission and review) is optional but strongly encouraged as an important, valuable and highly recommended step that will speed the review process and may result in lower costs for the project. These steps shall be followed sequentially, and may be combined only at the discretion of the Township:

[Added 7-2-2002 by Ord. No. 4-02]

(1) Preapplication meeting.

(2) Existing resources and site analysis plan, as described in § 119-10.1C of this chapter.

(3) Site inspection by Planning Commission and applicant.

(4) Pre-sketch plan conference.

(5) Sketch plan submission and review (diagrammatic sketch, optional step).

(6) Preliminary plan: determination of completeness; preliminary resource conservation plan and sewage planning module submission; review by municipal and Erie County Planning Commissions, Township Engineer and County Health Department; and approval by Township Council. (In the Conservation Design Overlay District, the four-step design process described in § 119-14.1C(3) of this chapter must be followed.)

(7) Detailed final plan, preparation: incorporation of all preliminary plan approval conditions, documentation of all other agency approvals, as applicable.

(8) Detailed final plan, submission: determination of completeness, review, and approval.

(9) Township Council signatures.

(10) Recording of approved detailed final plan with Erie County Recorder of Deeds.

§ 119-9.1 Plan classification for major and minor subdivisions.

[Added 7-2-2002 by Ord. No. 4-02]

A. Classification. For purposes of procedure, all applications shall be classified as either major or minor:

(1) Minor. Any subdivision in which:

(a) No public street is to be constructed or is required to be widened;

(b) No more than four lots are created.

(2) Major. Any land development or subdivision application not in compliance with § 119-9.1A(1), or any part thereof, or for any use other than single-family residential shall be considered a major land development or subdivision plan.

B. Review.

(1) Applications shall be subject to all applicable review procedures specified in this article.

(2) For major subdivisions only, when an application includes only a portion of a landowner's entire tract, or when such portion is contiguous to an adjoining tract of the landowner, a sketch layout shall be included showing future potential subdivision of all the contiguous lands belonging to the landowner to ensure that subdivision may be accomplished in accordance with current codes and with appropriate access. Submission and review of the sketch plan described in this section shall not constitute approval of the future subdivision shown thereon.

(3) Preliminary plans for minor land development are not required to be reviewed by the Erie County Planning Department. However, where the requirement for the preliminary plan is waived and the plan is to be considered a final plan by the Planning Commission, it shall be submitted to the Erie County Planning Department.

[Added 11-3-2010 by Ord. No. 4-10]

§ 119-10 Sketch plan procedures for major and minor subdivision and land development plans.

[Amended 7-2-2002 by Ord. No. 4-02]

A. Prior to the submission of a preliminary plan, developers are encouraged to submit a sketch plan to the Township Planning Commission. This sketch plan will enable the Planning Commission to review the proposal and to make any suggestions or inform the developer of any proposed plans or factors that may affect his development. Such review and discussion shall be informal and advisory only.

B. A sketch plan should contain at least the following information:

(1) A location map.

(2) General information concerning any community facilities and/or other significant man-made or natural features that will affect the proposal.

(3) A property map, at a scale no smaller than one inch equals 100 feet, showing the specific parcel of land or site involved.

(4) A sketch of the proposed subdivision or development on a map, at a scale no smaller than one inch equals 100 feet, showing the proposed layout of streets and lots and other features of the subdivision.

§ 119-10.1 Sketch plan submission and review for major subdivision and land development plans within the optional Conservation Design (CD-1) Overlay District only.

[Added 7-2-2002 by Ord. No. 4-02]

A. Applicability. A diagrammatic sketch plan is strongly encouraged for all proposed major subdivisions. The Planning Commission, as described in § 119-10.1, shall submit sketch plans to the Township Council for review. Such plans are for informal discussion only. Submission of a sketch plan does not constitute formal filing of a plan with the Township and shall not commence the statutory review period as required by the Municipalities Planning Code.[1] The procedures for submission of a diagrammatic sketch plan are described in § 119-10.1F below and may be altered only at the discretion of the Township Council.

[1] Editor's Note: See 53 P.S. § 10101.

B. Preapplication meeting. A preapplication meeting is encouraged between the applicant, the site designer, and the Planning Commission to introduce the applicant to the Township's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings and plan submissions as described below. Applicants are also encouraged to present the existing resources and site analysis plan at this meeting.

C. Existing resources and site analysis plan. Applicants shall submit an existing resources and site analysis plan, prepared in accordance with the requirements contained in § 119-14.1C(2). The purpose of this key submission is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity and to provide a complete and factual reference for them in making a site inspection. This plan shall be provided prior to or at the site inspection and shall form the basis for the development design as shown on the diagrammatic sketch plan (or on the preliminary plan, if the optional sketch plan is not submitted).

D. Site inspection.

(1) After preparing the existing resources and site analysis plan, applicants shall arrange for a site inspection of the property by the Planning Commission, Township Council, and other municipal officials and shall distribute copies of said site analysis plan at that on-site meeting. Applicants, their site designers, and the landowner are encouraged to attend the site inspection.

(2) The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated greenway lands (if applicable) and potential locations for proposed buildings and street alignments. Comments made by municipal officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site inspection.

E. Pre-sketch conference. Following the site inspection and prior to the submission of a diagrammatic sketch plan, the applicant shall meet with the Planning Commission and Township Council to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design procedure described in §§ 119-14.1C(3) and 119-26.2B of this chapter, where applicable. At the discretion of the Commission and Council, this conference may be combined with the site inspection.

F. Sketch plan submission and review.

(1) Copies of a diagrammatic sketch plan, meeting the requirements set forth in § 119-10.2, shall be submitted to the Township Manager during business hours for distribution to the Township Engineer, Township Planner, Township Council, the Planning Commission, and any applicable Township advisory boards at least seven days prior to the Planning Commission meeting at which the sketch plan is to be discussed. The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for greenway lands, house sites, and street alignments, and shall be based closely upon the information contained in the existing resources and site analysis plan. The sketch plan shall also be designed in accordance with the four-step design process described in §§ 119-14.1C(3) and 119-26.2B and with the design review standards listed in § 119-26.3A and B.

(2) The Planning Commission shall review the sketch plan in accordance with the criteria contained in this chapter and with other applicable ordinances of the Township. Their review shall informally advise the applicant of the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter and may suggest possible plan modifications that would increase its degree of conformance. Their review shall include but is not limited to:

(a) The location of all areas proposed for land disturbance (streets, foundations, yards, septic disposal systems, stormwater management areas, etc.) with respect to notable features of natural or cultural significance as identified on the applicant's existing resources and site analysis plan and in the Township's Comprehensive Plan;

(b) The potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels;

(c) The location of proposed access points along the existing road network;

(d) The proposed building density and impervious coverage;

(e) The compatibility of the proposal with respect to the objectives and policy recommendations of the Comprehensive Plan; and

(f) Consistency with the Zoning Ordinance.

(3) The Commission shall submit its written comments to the applicant and the Township Council. The diagrammatic sketch plan may also be submitted by the Council to the County Planning Commission for review and comment.

§ 119-10.2 Sketch plan overlay sheet for major subdivision and land development plans within the optional Conservation Design (CD-1) Overlay District only.

[Added 7-2-2002 by Ord. No. 4-02]

A. A sketch plan may be submitted by the applicant as a diagrammatic basis for informal discussion with the Township Council, the Planning Commission, and the County Planning Commission regarding the design of a proposed subdivision or land development. Sketch plan submission is strongly encouraged by the Township as a way of helping applicants and officials develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted under the Zoning Ordinance. This sketch plan will enable the Planning Commission to review the proposal and to make any suggestions or inform the developer of any proposed plans or factors that may affect his development. Such review and discussion shall be informal and advisory only. It should be noted that none of the sketch plan data requirements go beyond what is required to be submitted, in any case, as part of the preliminary plan.

B. To provide a full understanding of the site's potential and to facilitate the most effective exchange with the Planning Commission, the sketch plan should include the information listed below. Many of these items can be taken from the existing resources and site analysis plan, a document that must in any case be prepared and submitted no later than the date of the site inspection, which precedes the preliminary plan [see § 119-14.1C(2)]. In fact, the diagrammatic sketch plan may be prepared as a simple overlay sheet placed on top of the existing resources and site analysis plan.

(1) A location map.

(2) A property map, at a scale of no smaller than one inch equals 100 feet, showing the specific parcel of land or site involved, including approximate tract boundaries sufficient to locate the tract on a map of the Township.

(3) A sketch of the proposed subdivision or development on a map, at a scale no smaller than one inch equals 100 feet.

(4) Name and address of the legal owner, the equitable owner, and/or the applicant.

(5) Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or site designer responsible for preparing the plan.

(6) Graphic scale (not greater than one inch equals 200 feet; however, dimensions on the plan need not be exact at this stage) and North arrow.

(7) Zoning district.

(8) Streets on and adjacent to the tract (both existing and proposed).

(9) One-hundred-year floodplain limits, and approximate location of wetlands, if any.

(10) Topographic, physical, and cultural features, including fields, pastures, meadows, wooded areas, trees with a diameter of fifteen inches or more at a height of five feet, hedgerows and other significant vegetation, steep slopes (over 25%), rock outcrops, soil types, ponds, ditches, drains, dumps, storage tanks, streams within 200 feet of the tract, existing rights-of-way, easements, and cultural features such as all structures, foundations, walls, wells, trails, and abandoned roads.

(11) Schematic layout indicating a general concept for land conservation and development ("bubble" format is acceptable for this delineation of Step 1 of the four-step design process described in § 119-26.2B of this chapter).

(12) Proposed general street and lot layout; and in the case of land development plans, proposed location of buildings and major structures, parking areas and other improvements.

(13) General description of proposed method of water supply, sewage disposal, and stormwater management.

§ 119-11 Waiving of preliminary plan for minor subdivisions.

In cases where a proposed subdivision involves four or fewer lots fronting on an existing public right-of-way or a private drive, privately owned and maintained, the requirement calling for submission of a preliminary plan may be waived by the Planning Commission. All other applicable requirements and specifications shall remain the same.

§ 119-12 Waiving of preliminary plan for resubdivisions.

In cases involving only a replatting or a resubdivision of land limited to a change in lot lines on an approved final plan or a recorded plan, the requirement calling for submission of a preliminary plan may be waived by the Planning Commission. All other applicable requirements and specifications shall remain the same. Under those circumstances where a resubdivision may create a lot or lots not meeting the minimum lot and yard requirements of Chapter 150, Zoning, the Township shall require that the following statement be affixed to the plat and also be included within the deed: "This lot does not meet the minimum lot requirements of the Township Zoning Ordinance and, as such, a building permit will not be issued by the Township."

§ 119-13 Preliminary plan procedures for major and minor subdivision and land development plans.

[Amended 4-2-2002 by Ord. No. 2-02; 7-2-2002 by Ord. No. 4-02]

A. Submission of the preliminary plan.

(1) Preliminary plans and all required accompanying documentation shall be submitted by a developer or his authorized representative to the Township Manager at least 15 business days in advance of a regularly scheduled Planning Commission meeting.

(2) Submission shall consist of the following:

(a) Eight copies of the appropriate application form available from the Township;

(b) Six copies of black-line paper prints of preliminary plan and two electronic compatible discs showing all the information required in § 119-14;

[Amended 11-3-2010 by Ord. No. 4-10]

(c) Eight copies of all other required documentation; and

(d) A filing fee as established in Article VIII of this chapter.

B. Distribution of preliminary plan for review and comment. Copies of the preliminary plan and accompanying documentation shall be immediately distributed by the Township Manager to the Township Engineer, Township Sewer and Water Authority,[1] Erie County Department of Health, Erie County Planning Department, Erie County Conservation Office and the District 1-0 office of the Pennsylvania Department of Transportation, when a proposed subdivision abuts or is traversed by a state road. The remaining copies shall be retained by the Township Manager.

[1] Editor's Note: The Water Authority was dissolved 5-21-2014 by Ord. No. 4-14.

C. Action on preliminary plan by the Planning Commission.

(1) Action on a preliminary plan shall be taken by the Planning Commission not later than 60 days following its first meeting after the complete submission to the Township Manager. However, no final decision or action on the preliminary plan shall be taken by the Planning Commission until the reports are received from the Erie County Planning Department and other individuals and agencies to whom the plan was sent for review and comment, or until the expiration of 45 days from the date the plans were forwarded to such individuals and agencies.

(2) All actions on the plan by the Planning Commission shall be taken at a public meeting, whether it be a regularly scheduled or special meeting. If the plan is to be considered at a special meeting, the developer shall be so notified. In addition, the Planning Commission may also schedule a public hearing before taking any action on the plan.

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

D. Action on preliminary plan by the Township Council.

(1) Following receipt of the written decision from the Planning Commission, the Township Council shall consider the preliminary 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 Township Council may also schedule a public hearing before taking any action on the plan.

(2) Action on a preliminary plan shall be taken by the Township Council and communicated to the developer not later than 90 days following the date the Planning Commission first met after the complete submission to the Township Manager. In its review, the Township Council shall consider the reports and recommendations of the Township Planning Commission and the various other individuals and agencies to whom the plan was sent for review and comment. As a result of its review, the Township Council may require or recommend such changes and modifications as it shall deem necessary or advisable in the public interest.

(3) The decision of the Township Council concerning the plan shall be in writing and shall be forwarded to the developer within five days following the Township Council's decision, but still within the ninety-day time limit. If a plan is not approved, or approved subject to certain conditions, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter. Copies of the decision shall be sent to the Township Planning Commission, as well as the other agencies that reviewed the preliminary plan.

(4) Failure of the Township Council to render a decision and communicate it to the developer within 90 days shall be deemed an approval of the plan in terms as presented, unless the developer has agreed, in writing, to an extension of time.

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

(6) When a preliminary plan has been approved or approved subject to certain conditions acceptable to the applicant, no subsequent change or amendment in this chapter or any other applicable ordinances shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of preliminary approval.

(7) In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the applicable aids or plans as they stood at the time when the plan for such approval was duly submitted to the Township.

§ 119-13.1 Preliminary plan submission and review for major subdivision and land development plans within the optional Conservation Design (CD-1) Overlay District only.

[Added 7-2-2002 by Ord. No. 4-02]

A. Submission of the preliminary plan.

(1) The preliminary plan utilized in the optional Conservation Design (CD-1) Overlay District is a preliminarily engineered scale drawing in which layout ideas are illustrated in more than the rough, diagrammatic manner appropriate for sketch plans, but before heavy engineering costs are incurred in preparing detailed alignments and profiles for streets and/or detailed calculations for stormwater management. If an applicant opts not to submit a sketch plan, the preliminary plan shall include all information required for sketch plans listed in § 119-10.2, specifically including the existing resources and site analysis plan, plus further details as noted below and in § 119-14.1.

(2) The applicant shall complete and sign the application form provided by the Township and shall accompany such application form with the type and number of plans, documents and other submissions required and the appropriate filing fee(s). The applicant must identify the name, address and telephone number of the record holder of legal title to the land involved (if different from the applicant), the nature of the applicant's interest in the land (whether holder of legal or equitable title or otherwise), and the name, address, and telephone number of the agent, if any. No application shall be deemed filed unless all requirements have been met and all fees therefore paid in full.

(3) The existing resources and site analysis plan shall be presented at the preapplication meeting and distributed to those municipal officials who attend the site inspection described in § 119-10.1D (which shall occur at the preliminary plan stage if it has not already occurred at the sketch plan stage).

(4) The application "window" and deadline dates for submission of preliminary plans shall be as follows: Applicants shall submit to the Township Manager, at least 21 days (but not more than 28 days) prior to the date of the next regularly scheduled Planning Commission meeting at which official review is requested. The Township Manager shall note the date of receipt of the application, fees, and escrow deposit. The official ninety-day review period provided for preliminary plans under the Municipalities Planning Code[1] shall commence at the next scheduled meeting of the Planning Commission.

[1] Editor's Note: See 53 P.S. § 10101.

(5) Submission shall consist of the following:

(a) Eight copies of the appropriate application form available from the Township;

(b) Eight copies of black-line paper prints of the preliminary plan, showing all the information required in § 119-14.1;

(c) Eight copies of all other required documentation;

(d) Eight copies of the existing resources and site analysis plan; and,

(e) All applications shall be accompanied by full payment of the required fees and escrow deposits established in accordance with the terms of Article VIII of this chapter for proposed subdivisions.

B. Distribution of preliminary plan for review and comment. Copies of the preliminary plan and accompanying documentation shall be immediately distributed by the Township Manager to the Township Engineer, Township Planner, Township Council, Planning Commission, any applicable Township advisory boards, Township Sewer and Water Authorities,[2] Erie County Department of Health, Erie County Planning Department, Erie County Conservation Office and the District 1-O office of the Pennsylvania Department of Transportation when a proposed subdivision abuts or is traversed by a state road. The Township Manager shall retain the remaining copies.

[2] Editor's Note: The Water Authority was dissolved 5-21-2014 by Ord. No. 4-14.

C. Action on preliminary plan by the Planning Commission

(1) The date of receipt is subject to review by the Township to determine if all required materials, fees and escrow deposits have been submitted by the applicant. If the application is defective or incomplete, the applicant shall be notified in writing within 15 days of the date of receipt and the application shall be null and void ab initio and shall be deemed withdrawn by the applicant. If no such notice is given to the applicant that the application is defective or incomplete, then the date of filing shall be determined as follows. The review process for the plans required by the Township shall include no more than 90 days following the date of the next regular meeting of the Planning Commission following the date the application was filed, provided that should said next regular meeting occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the day the application was filed. The applicant may agree in writing to extend the time requirement.

(2) Action on a preliminary plan shall be taken by the Planning Commission not later than 60 days following its first meeting after the complete submission to the Township Manager. However, no final decision or action shall be taken by the Planning Commission until the reports are received from the Erie County Planning Department and other individuals and agencies to determine conformance of the plan to this chapter, the Zoning Ordinance, and any other relevant ordinances of the Township; or until the expiration of 45 days from the date the plans were forwarded to such individuals and agencies.

(3) All actions on the plan by the Planning Commission shall be taken at a public meeting, whether it is a regularly scheduled or special meeting. If the plan is to be considered at a special meeting, the developer shall be so notified. In addition, the Planning Commission may also schedule a public hearing before taking any action on the plan.

(4) The action of the Planning Commission concerning the plan is considered to be advisory and shall be in writing. If it is recommended that a plan not be approved, or be approved subject to certain conditions, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter. Copies of the decision shall be sent to the Township Council and to the applicant.

(5) If the applicant agrees in writing that this review period shall be extended for a period of 30 or more days to provide additional time for him to submit all the required materials and for the Planning Commission to review the same, a written agreement to this effect shall be signed in duplicate, with a file copy being retained by the Planning Commission and by the applicant. Such an extension shall be entered in good faith and for specific reasons relating to the review process, including but not limited to providing sufficient time for the Township to receive the written report of the County Planning Commission, the County Health Department, the Municipal Planner and the Municipal Engineer, or to allow the applicant additional time in which to revise his application documents.

D. Action on preliminary plan by the Township Council.

(1) Following receipt of the written decision from the Planning Commission, the Township Council shall consider the preliminary 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 Township Council may also schedule a public hearing before taking any action on the plan.

(2) Action on a preliminary plan shall be taken by the Township Council and communicated to the developer not later than 90 days following the date the Planning Commission first met after the complete submission to the Township Manager. In its review, the Township Council shall consider the reports and recommendations of the Township Planning Commission and the various other individuals and agencies to whom the plan was sent for review and comment. As a result of its review, the Township Council may require or recommend such changes and modifications as it shall deem necessary or advisable in the public interest.

(3) The decision of the Township Council concerning the plan shall be in writing and shall be forwarded to the developer within five days following the Township Council's decision, but still within the ninety-day time limit. If a plan is not approved, or approved subject to certain conditions, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter. Copies of the decision shall be sent to the Township Planning Commission, as well as the other agencies that reviewed the preliminary plan. The form and content of the decision shall comply with applicable requirements of the Municipalities Planning Code.[3]

[3] Editor's Note: See 53 P.S. § 10101.

(4) Failure of the Township Council to render a decision and communicate it to the developer within 90 days shall be deemed an approval of the plan in terms as presented, unless the developer has agreed, in writing, to an extension of time. At the time a revised plan is submitted, it shall be accompanied by the applicant's written and executed agreement of an extension of the period for decision.

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

(6) When a preliminary plan has been approved or approved subject to certain conditions acceptable to the applicant, no subsequent change or amendment in this chapter or any other applicable ordinances shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of preliminary approval.

(7) In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the applicable aids or plans as they stood at the time when the plan for such approval was duly submitted to the Township.

(8) The decision of the Township Council shall also be communicated to the governing body of any adjacent municipality if the plan includes land in that municipality and/or directly abuts its boundaries.

§ 119-14 Preliminary plan specifications for major and minor subdivision and land development plans.

[Amended 2-2-1999 by Ord. No. 5-98; 10-3-2000 by Ord. No. 11-00; 7-2-2002 by Ord. No. 4-02]

The preliminary plan submission shall consist of the following:

A. The plan, drawn at a scale of not less than one inch equals 10 feet nor more than one inch equals 100 feet, showing the following:

(1) The name and address of the developer.

(2) The proposed name of the subdivision.

(3) North arrow, scale and date.

(4) The name of the engineer, surveyor or other qualified person responsible for the plan.

(5) A location map showing the vicinity in which the proposed development is located.

(6) Topography showing existing and proposed contours at intervals of two feet or five feet, depending upon the slope of the land.

(7) Tract boundaries, and the names of all abutting subdivisions or property owners.

(8) The number of acres in the tract, number of lots and the type of proposed development.

(9) The existing and proposed property lot and boundary lines, including building setback lines, and information concerning lot dimensions, lot areas and the location of any easements.

(10) The location of all existing and proposed streets, with information concerning right-of-way, widths, types of paving and street names.

(11) The location of any parcels of land either existing or proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semipublic or community purposes.

(12) The location of any existing bodies of water or watercourses, tree masses, buildings or structures, public facilities and any other man-made or natural features within or abutting the proposed subdivision.

(13) A map showing the location of the proposed development with respect to the Township's flood-prone areas, including information on the regulatory flood elevation, the boundaries of the flood-prone areas, proposed lots and sites, fills, flood or erosion protective facilities and areas subject to special ordinance restrictions.

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

(15) A traffic impact study in accordance with § 119-34C(3) of this chapter.

[Added 2-2-1999 by Ord. No. 5-98]

(16) Where the development will require a Pennsylvania Department of Transportation highway occupancy permit for public street access, the developer shall make preliminary submittal to the Department of Transportation prior to preliminary plan submission.

[Added 2-2-1999 by Ord. No. 5-98]

B. Accompanying data.

(1) Cross-section drawings for all proposed streets, showing rights-of-way and cartway widths; profile drawing of all proposed streets and existing and proposed grades.

(2) The Erie County Department of Health Subdivision On-Lot Sewage Disposal Report, where on-lot systems are proposed.

(3) Plans and profiles of proposed sanitary and storm sewers, including grades and pipe sizes, may be required, as may also be the plans for any proposed water distribution system, showing pipe sizes and location of valves and fire hydrants.

(4) Preliminary designs for any bridges, culverts, etc., which may be required, such designs to be subject to the approval of the Township Engineer.

(5) The appropriate component of the Department of Environmental Protection (DEP) Sewage Facilities Planning Module to meet the requirements of the Pennsylvania Sewage Facilities Act[1] and the Clean Streams Law.[2] The Planning Module must be complete in accordance with the DEP requirements. The disposal method must be in accordance with the Washington Township Official Sewage Facilities Plan. If the disposal method will require a revision of the Official Sewage Facilities Plan, the developer shall obtain Township and DEP approval for the revision prior to preliminary plan submission.

[Amended 2-2-1999 by Ord. No. 5-98]

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

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

(6) Where any excavation or grading is proposed, the developer shall submit a plan to implement and maintain erosion and sedimentation control measures, as required by the Pennsylvania Clean Streams Act.

(7) Information on the availability of water in accordance with § 119-31 of this chapter.

(8) Where connection to the sanitary sewer system is required or requested, a written request for equivalent dwelling unit (EDU) allocation (WREA) in accordance with § 119-30G of this chapter.

§ 119-14.1 Preliminary plan specifications for major subdivision and land development plans within the optional Conservation Design (CD-1) Overlay District only.

[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:

(1) Site context map.

(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:

(a) Sewer and water feasibility report. See also §§ 119-30 and 119-31.

(b) Groundwater protection and replenishment study.

(c) Erosion and sedimentation control plan.

(d) Traffic impact study.

(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.

§ 119-15 Final plan procedures for major and minor subdivision and land development plans.

[Amended 7-2-2002 by Ord. No. 4-02]

A. Submission of a final plan for approval by the Township Council shall occur not more than five years following the date of approval of the preliminary plan. Failure to submit the final plan within this period of time shall make the approval of the preliminary plan null and void unless an extension of time has been requested, in writing, by the developer and a written approval granted by the Council.

B. The final plan shall basically conform to the approved preliminary plan except for any modifications or changes required by the Township Council. Where, in the opinion of the Planning Commission, there have been significant modifications or changes to the approved preliminary plan other than those required by the Township, the plan shall be submitted again as a preliminary plan.

C. A final plan may be prepared in sections or stages involving portions of the approved preliminary plan, if so desired by the developer, in line with § 119-17.

D. Submission of the final plan shall be governed as follows:

(1) The final plan or plans and all accompanying documents shall be submitted by the developer or his authorized representative to the Township Manager at least 15 business days in advance of a regularly scheduled Planning Commission meeting.

(2) Submission shall consist of the following:

(a) Six black-line paper prints and the original record plan drawn on a stable reproducible plastic or linen material showing all the information required in § 119-16.

(b) Six copies of all other documentation required in § 119-16.

E. Distribution of the final plan by the Township Manager shall be as follows:

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

(2) One copy of the plan and accompanying documentation to the Township Water and Sewer Authority.

(3) One copy of the plan and accompanying documentation to the Erie County Planning Department.

(4) The remaining copies of the plan and documentation to the Township Planning Commission.

F. Action on final plan by the Planning Commission.

(1) Action on the final plan by the Township Planning Commission shall be taken in the same manner as for preliminary plans, in § 119-13C.

(2) If a final plan is approved, the Planning Commission Chairman shall sign the record plan and two prints. The record plan and one print shall be forwarded to the Township Council, along with a copy of the written recommendation of the Planning Commission.

G. Action on final plan by the Township Council.

(1) Following receipt of the written decision from the Planning Commission, the Township Council shall consider the final 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 Township Council may also schedule a public hearing before taking any action on the plan.

(2) Action on a final plan shall be taken by the Township Council and communicated to the developer not later than 90 days following the date that the Planning Commission first met after the complete submission to the Township Manager. In its review, the Township Council shall consider the reports and recommendations of the Planning Commission and the various other individuals and agencies to whom the plan was sent for review and comment. As a result of its review, the Council may require or recommend such changes and modifications as it shall deem necessary or advisable in the public interest.

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

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

(5) Before any final plan is approved, the developer shall either install all the required improvements or shall provide for a fiscal surety pursuant to the provisions of Article IV, § 119-19, of this chapter.

(6) If a final plan is approved, the record plan and one print shall be signed by the Township Council and attested by the Township Secretary. The record plan shall be forwarded to the developer for recording in the office of the County Recorder of Deeds. One print shall be retained by the Township Council for file.

H. Recording of plan.

(1) Upon approval of the final plan by the Township Council, the developer shall, within 90 days of such final approval, record such plat in the office of the Erie County Recorder of Deeds. No plat shall be recorded unless it has been given official final plan approval by the Township Council.

(2) If the plan is not recorded within 90 days, the approval by the Township Council shall be null and void.

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

(4) Within 15 days after the subdivision is recorded, the developer shall submit to the Township Manager one copy of the Mylar as was recorded in the office of the Erie County Recorder of Deeds, as well as one copy of any deed restrictions placed on newly recorded lots or developments.

§ 119-15.1 Final plan procedures for major subdivision and land development plans within the optional Conservation Design (CD-1) Overlay District only.

[Added 7-2-2002 by Ord. No. 4-02]

A. Within one year after approval of the preliminary plan, a detailed final plan and all supplementary data, together with an application form provided by the Township and filing fees, shall be officially submitted to the Township Manager. The detailed final plan shall conform to the requirements set forth in § 119-16.1. It shall also conform to the preliminary plan as previously reviewed by the Planning Commission and the Township Council and shall incorporate all conditions set by the Township in its approval of the preliminary plan. No application shall be deemed filed unless all requirements have been met and all fees paid in full.

B. The Township Council may permit submission of the detailed final plan in phases, each covering a reasonable portion of the entire proposed development as shown on the approved preliminary plan, provided that the first detailed final plan phase shall be submitted within one year after approval of the preliminary plan. Each subsequent phase shall be submitted within one year of approval of the previous phase, provided all phases have been submitted within five years after the date of preliminary plan approval.

C. Unless the filing deadline in § 119-15.1A is waived or extended by the Township Council, failure to make timely submission of final plans renders void a preliminary plan, and the applicant shall be required to file a new application and fee for preliminary plan approval.

D. Official submission of the detailed final plan to the Township Manager shall consist of:

(1) One copy of the application for review of final subdivision or land development plan.

(2) Eight or more copies of the detailed final plan and all supporting plans and information to enable proper distribution and review, as required by the Township Council.

(3) A complete, and where applicable, updated, list of all applications made or notices provided, the dates thereof, and the dates of approval to federal, state and county agencies by or on behalf of the applicant for permits, certifications, approvals or waivers required or sought for either subdivision or land development as proposed in the preliminary plan or in the detailed final plan, including, but not limited to, applications or notices provided to the United States Army Corps of Engineers, the United States Department of Agriculture Soil Conservation District, the United States Environmental Protection Agency, the Pennsylvania Department of Environmental Protection (DEP), the Pennsylvania Department of Transportation, and the Erie County Health Department. When requested by the Township, the developer shall provide evidence of the said approvals.

(4) Payment of application fees and deposit of escrow, if required, for plan review costs in accordance with the terms of Article VIII of this chapter for proposed subdivisions.

E. Eight or more copies of the detailed final plan and all required supplementary data shall be submitted to the Township Manager, together with the required fees and escrow deposit as prescribed by resolution of the Township Council. The Township Manager shall note the date of receipt and shall then forward:

(1) One copy each to the Township Planner and the Township Engineer;

(2) One copy each to the Township Water and Sewer Authorities;

(3) One copy to the Erie County Planning Department;

(4) One copy to other state and county agencies, including the Erie County Health Department, when required by the Township Council;

(5) One copy to governing body of any adjacent municipality or municipalities if tract to be subdivided abuts or lies partially in that municipality;

(6) One copy of the sedimentation and erosion control plan and application form to the United States Department of Agriculture Soil Conservation District, where applicable;

(7) One copy to the Township Council;

(8) One copy to any applicable Township advisory boards; and,

(9) All remaining copies of the detailed final plan and application to the Township Planning Commission.

F. Where the final plan is for a minor subdivision or a major subdivision not located within the optional Conservation Design (CD-1) Overlay District, the applicant shall submit the plan in accordance with the requirements of § 119-15 above.

G. General review of detailed final plan.

(1) The detailed final plan shall conform in all material respects to the preliminary plan as previously reviewed and approved by the Township Council and shall incorporate all modifications and revisions specified by the Township Council in its approval of the preliminary plan.

(2) The detailed final plan and supporting data (including reports from the Pennsylvania Department of Environmental Protection, the Erie County Health Department, the Erie County office of the USDA Natural Resources Conservation Service, and the Erie County Planning Department) shall comply with the provisions of this chapter and those of the Zoning Ordinance. Failure to do so shall be cause for denying the plan (or, in situations where only minor details are missing and when the official approval deadline allows, tabling the plan).

H. Planning Commission review.

(1) The Planning Commission shall review the detailed final plan and the recommendations of the Township Engineer and any other reviewing agencies to determine its conformance with the requirements of this chapter and with those of the Zoning Ordinance.

(2) After such review, and prior to any action by the Township Council within the required ninety-day review period, the Planning Commission shall forward its recommendations and its reasons to the Township Council and the applicant. If the plan includes land in any adjacent municipality and/or directly abuts its boundaries, then such notice and recommendation should also be transmitted to the governing body of the adjacent municipality.

(3) No recommendations shall be made by the Planning Commission until the Township has received the written report of the Erie County Planning Department, the Township Engineer, the Pennsylvania Department of Environmental Protection (DEP), the Erie County Health Department and the Department of Transportation, if applicable, and the approval of the Erie County Soil Conservation District; provided, however, that if these reports are not received within 45 days after transmittal of the detailed final plan to these agencies, then the Planning Commission may act without having received and considered such report.

I. Township Council review.

(1) Prior to the detailed final plan review process, the Township Council should complete its review of the proposed sewage facilities planning module in accordance with DEP and Erie County Health Department regulations and procedures. When approved or adopted by the Township Council, the planning module shall be forwarded to DEP for review and approval.

(2) No approval of the detailed final plan shall be granted by the Township Council until the Township receives notification of DEP's approval of the sewage facilities planning module. Should such notification not be received within the time limitations for detailed final plan approval in accord with the Act, the time limitations shall be extended for not more than 90 days at the written consent of the applicant. If the applicant refuses to provide such written consent, the detailed final plan shall be disapproved.

(3) When a recommendation on a detailed final plan has been submitted to the Township Council by the Planning Commission, such plan shall be placed on the agenda of the Township Council for its review and action.

(4) Upon receipt of the Planning Commission's recommendation and other supporting information, the Township Council may, at one or more regular or special public meetings, review the detailed final plan and shall, within the time limitations set forth herein below, either approve, approve with conditions, or disapprove the plan. Whenever the approval of a detailed final plan is subject to conditions, the written action of the Township Council shall specify each condition of approval and request the applicant's written agreement to the conditions within ten days of receipt of the Township Council's written decision.

(5) If the final plan is not approved, the decision shall specify the defects found in the plan, shall describe the requirements that have not been met, and shall, in each case, cite the provisions of the chapter relied upon.

(6) Notwithstanding the foregoing procedure, unless the applicant agrees in writing to extend the time period for decision, the Township Council shall render a decision on all detailed final plans within the statutory time limitations.

(7) The decision of the Township Council shall be in writing and shall be communicated to the applicant as required by the Act.

(8) If at any time the applicant submits a revised detailed final plan, it shall be deemed a new application and shall not be accepted unless it is accompanied by the applicant's written and executed agreement of a ninety-day extension of the period required by the Act for decision. No new application fee shall be required for any revision submitted within two years of the first final plan application.

(9) Copies of the detailed final plan, as finally approved with the appropriate endorsement of the Township Council, shall be distributed as follows:

(a) At least three copies to the applicant of which two shall be recorded in the office of the Erie County Recorder of Deeds.

(b) One copy to the Township Planning Commission.

(c) One copy to the County Planning Commission.

(d) One copy to the County Health Department.

(e) One copy to be retained in the Township files.

(f) One copy to the Township Engineer. If a new street is proposed, an additional as-built plan with deed of dedication application shall be submitted.

J. Conditions of detailed final plan approval. Approval of any detailed final plan shall, in addition to any other applicable provisions of this chapter, be subject to the following conditions:

(1) The landowner shall execute a subdivision agreement in accordance with this chapter, verifying that he agrees to construct all required improvements and common amenities and further verifying that he guarantees completion and maintenance of these improvements and amenities through a type of financial security acceptable to the Township. See § 119-19.

(2) Where applicable, the landowner shall execute an escrow agreement to cover the cost of all required improvements and common amenities, in accordance with this chapter. See § 119-19.

(3) The landowner agrees, if requested, to tender to the Township a deed of dedication in a form satisfactory to the Township Solicitor for streets and improvements thereto, including street paving, water mains, fire hydrants, storm sewers, inlets, pumping stations and other appurtenances as shall be constructed as public improvements within the public right-of-way and are required for the promotion of public welfare, after all streets and improvements to be dedicated to the Township are completed and are certified as being satisfactory by the Municipal Engineer. The Township Council may require that the applicant provide a certificate from a duly licensed title insurance company certifying that the title to be conveyed is good and marketable, free of all liens and encumbrances, except utility easements, before the Township accepts any property.

(4) Whenever the landowner is providing greenway land as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the landowner and the Township or a conservation organization acceptable to the Township.

(5) The landowner shall submit to the Township all required permits, approvals or waivers from agencies having jurisdiction over ancillary matters necessary to affect the subdivision or land development, such as Pennsylvania Department of Transportation, Department of Environmental Protection, or Public Utility Commission, United States Army Corps of Engineers, Department of Agriculture Soil Conservation District, and the Erie County Health Department.

(6) All final approvals or waivers required by federal, state and county agencies for development in accord with the detailed final plan, including, but not limited to, approval of the sewage facilities planning module by the DEP, approval by the United States Department of Agriculture Soil Conservation District, and a highway occupancy permit, if required, from the Pennsylvania Department of Transportation shall be presented to the Township.

§ 119-16 Final plan specifications for major and minor subdivision and land development plans.

[Amended 10-3-2000 by Ord. No. 11-00; 7-2-2002 by Ord. No. 4-02]

A. The final plan submission shall be prepared by a registered engineer or surveyor.

B. The final plan shall conform to the following standards:

(1) The record plan shall be submitted on a stable plastic film, vellum or other drafting media, drafted in high quality.

(2) Overall dimensions shall be no more or less than 18 inches by 24 inches (twenty-four-inch-by-thirty-six-inch plats will be accepted for approval purposes; however, a reduction in print size to 18 inches by 24 inches will be necessary for recording purposes). Minor subdivisions of one lot may be drawn on plats of 8 1/2 inches by 11 inches with the approval of the Recorder of Deeds.

(3) The scale of the plan shall not be less than one inch equals 10 feet or more than one inch equals 100 feet.

(4) Final plans requiring more than one sheet may be submitted in sections, provided that each section meets all standards and appropriate match-line data is provided on each section.

C. The final plan shall show the following:

(1) The name and address of the developer.

(2) The proposed name of the development.

(3) North arrow, scale and date.

(4) The exact acreage of the entire development and each individual lot; acreage is to be to the nearest hundredth acre.

(5) The name of the registered engineer or surveyor responsible for the plan.

(6) A location map showing the vicinity in which the proposed subdivision is located.

(7) Primary control points approved by the Township Engineer or description and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plan shall be referred.

(8) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and all property lines, with accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of all curves.

(9) The name and right-of-way width of each street or other right-of-way and street center lines with accurate dimensions with bearings of such street center lines.

(10) The location, dimensions and purpose of all easements.

(11) Block and lot numbers (in consecutive order).

(12) The purpose for which sites other than residential lots are dedicated or reserved.

(13) Building setback lines (at or above the minimum standards fixed by Chapter 150, Zoning) on all lots and other sites.

(14) The names of record owners of adjoining unplatted land.

(15) Accurate locations of all existing and recorded streets intersecting the boundaries of the plat and reference to recorded subdivision plats of adjoining platted land by record name.

(16) Certification and seal by a registered engineer or surveyor attesting to the accuracy of the survey and plan.

(17) Certification for the review of the Erie County Department of Planning and the Township Planning Commission and approval of the Township Council.

(18) Certification of title, showing that the developer is the owner of the land or agent of the landowner.

(19) A statement by the owner dedicating streets, rights-of-way and any sites for public use which are to be dedicated.

(20) A certificate to provide for the recording of the subdivision plan.

(21) A statement, with the appropriate information inserted, reading:

(The lot)/ [      (number)      of the lots] depicted on this plan were approved for connection to the public sanitary sewer system, and [an] Equivalent Dwelling Unit(s) (EDU(s)) [was] / [were] allocated therefor, on ___/___/___. The said approval and EDU allocation(s) for each lot shall expire on ___/___/___, and all payment therefor forfeited (subject to certain credits for replacement EDUs), unless the actual connection of the lateral to the public sanitary sewer system for that lot is made on or before that date.

D. Accompanying data.

(1) All information required for the submission of the preliminary plan incorporating any changes requested by the Township Council.

(2) Final plans for any bridges, culverts, etc., which may be required.

(3) When pertinent, a draft of any proposed covenants and restrictions which will run with the land.

(4) When pertinent, a timetable for the proposed sequence of development for the subdivision.

(5) Certificates of approval by proper authorities of the Township, county and state, as may be required to approve the water supply and sanitary sewer system of the subdivision.

(6) Specifications and drawings for all streets, sewers and other improvements.

(7) If an on-lot sewage disposal system is to be used, a copy of the Erie County Department of Health Subdivision On-Lot Sewage Disposal Report.

(8) Final approval by the Department of Environmental Protection of the appropriate component of the Planning Module for Land Development to meet the requirements of the Pennsylvania Sewage Facilities Act[1] and the Clean Streams Law.[2]

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

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

(9) A written report from the Township Engineer stating that:

(a) In those instances where improvements have been installed, the Engineer has inspected the required improvements and has determined that those improvements are in conformance with the requirements of this chapter, and that the Engineer has received proper as-built drawings; or

(b) A cost estimate detailing the required improvements has been prepared by the Engineer and is attached to his report.

(10) A fiscal surety, which shall be one of the following:

(a) In those instances where improvements have been installed, a maintenance bond in conformance with Article IV, § 119-22; or

(b) In lieu of such construction, a financial security in conformance with Article IV, § 119-19.

(11) Any other certificates, affidavits, endorsements or dedications, etc., that may be required by the Planning Commission or Township Council.

E. Additional accompanying data for flood-prone areas.

(1) A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any designated flood-prone area; all such maps shall show contours at intervals of two feet and identify accurately the boundaries of the flood-prone areas.

(2) Submission of the final plan shall also be accompanied by all required permits and related documentation from the Department of Environmental Protection, Bureau of Dams and Waterway Management, 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.

§ 119-16.1 Final plan specifications for major subdivision and land development plans within the optional Conservation Design (CD-1) Overlay District.

[Added 7-2-2002 by Ord. No. 4-02]

Final plans shall conform to the preliminary plan, including any conditions specified by the Township Council. A detailed final plan shall consist of and be prepared in accordance with the following:

A. The final plan submission shall be prepared by a registered engineer or surveyor.

B. The final plan shall conform to the following drafting standards:

(1) The record plan shall be submitted on a stable, reproducible plastic or linen material and shall be in India ink. Photographic reproductions in black or dark brown will be accepted in lieu of ink.

(2) Overall dimensions shall be no more or less than 18 inches by 24 inches (twenty-four-inch-by-thirty-six-inch plats will be accepted for approval purposes; however, a reduction in print size to 18 inches by 24 inches will be necessary for recording purposes).

(3) The scale of the plan shall not be less than one inch equals 10 feet or more than one inch equals 100 feet. However, detailed final plans for low-density Option 4 subdivisions shall generally not be required to be prepared at scales finer than one inch equals 200 feet, unless special conditions exist on the site.

(4) Final plans requiring more than one sheet may be submitted in sections, provided that each section meets all standards and appropriate match-line data is provided on each section.

C. Existing resources and site analysis plan. A plan as stipulated in § 119-14.1C(2) consistent with the terms of preliminary plan approval and modified as necessary to reflect the proposal for final approval.

D. Final resource impact and conservation plan.

(1) This plan shall comply with all of the requirements for the preliminary resource impact and conservation plan, as set forth in § 119-14.1C(5) to reflect all proposed improvements described in the other detailed final plan documents as required under § 119-16.1 herein.

(2) In addition to the requirements of § 119-14.1C(5), the applicant shall submit an accompanying resource assessment report divided into the following sections: description of existing resources [as documented in § 119-14.1C(2)]; impacts of the proposed subdivision on existing resources, correlated to the areas depicted in the final resource impact and conservation plan; and measures taken to minimize and control such impacts both during and following the period of site disturbance and construction. The qualifications and experience of the preparer of this report shall be provided.

E. Final improvements construction plan. Where public or private improvements other than monuments and street traffic signs are to be required for any subdivision or land development, an improvements construction plan and specifications, prepared by a registered professional engineer, shall be filed, setting forth the precise nature and exact location of the work and all engineering data necessary for completion of the work. The improvements construction plan and specifications shall be subject to approval of the Township Engineer and the Township Council as a prerequisite to approval of the detailed final plan. The improvements construction plan shall conform to the following standards and contain the following information:

(1) All information required in §§ 119-10.2B and 119-14.1C(6) relating to existing features and resources on the site.

(2) Detailed profile sheets for all proposed streets within the tract.

(3) If required, a plan, details, and specifications of streetlights to be installed, together with the necessary contract for streetlight installation for approval by the Township.

(4) Detailed design of any stormwater management facilities that may be required.

(5) Where off-site or community sewer service is to be provided, the final detailed design of all facilities, including, but not limited to, sewer mains, manholes, pumping stations, and sewage treatment facilities.

(6) Where off-site or central water service or water supply is to be provided, the final detailed design, including location and size of water service facilities within the subdivision, shall be shown, including wells, storage tanks, pumps, mains, valves, and hydrants.

(7) Detailed designs for all other improvements as required by this chapter.

F. Final stormwater management and erosion and sedimentation control plan.

G. Final greenway ownership and management plan. Using the detailed final plan as a base map, the precise boundaries, exact acreage, and proposed ownership of all proposed greenway areas shall be shown. A narrative report shall also be prepared indicating how and by whom such greenway areas will be managed and demonstrating compliance with § 150-21 of the Zoning Ordinance.

H. Final landscape plan. The final landscape plan shall comply with the standards set forth in § 119-26 of this chapter.

I. Additional approvals, certificates and documents.

(1) All offers of dedication of realty or structures and all declarations, easements and covenants governing the reservation and maintenance of undedicated open space, for the detailed final plan, shall be in such form as shall be satisfactory to the Township Council.

(2) A copy of such deed restrictions, easements, covenants and declarations which are to be imposed upon the property to comply with the detailed final plan as approved by the Township Council. All such documents shall be in such form as is satisfactory to the Township Council.

J. A statement, with the appropriate information inserted, reading:

(The lot)/ [      (number)      of the lots] depicted on this plan were approved for connection to the public sanitary sewer system, and [an] Equivalent Dwelling Unit(s) (EDU(s)) [was] / [were] allocated therefor, on ___/___/___. The said approval and EDU allocation(s) for each lot shall expire on ___/___/___, and all payment therefor forfeited (subject to certain credits for replacement EDUs), unless the actual connection of the lateral to the public sanitary sewer system for that lot is made on or before that date.

§ 119-17 Substantial completion; schedule of submission of final plats; effect of subsequent ordinances or changes.

A. Where the landowner has substantially completed the required improvements as depicted upon the final plat within the five-year limit, or any extension thereof as may be granted by the Township Council, no change of municipal ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.

B. 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, any modification in the aforesaid schedule shall be subject to approval of the Township Council, in its discretion.

C. 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 governing body, in its discretion. Provided that the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with the 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.

D. Failure of the 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 zoning, subdivision and other governing ordinance enacted by the Township subsequent to the date of the initial preliminary plan submission.