For the purpose of having a subdivision or land
development considered and approved by the Planning Commission or
Board of Supervisors, the applicant shall file with the Manager the
following items at the initial submission, in addition to the required
number of plans:
A. A signed subdivision and land development application.
B. A list of all encumbrances and, if appearing on record,
the book and page numbers.
C. A statement setting forth in detail the character
of the improvements the applicant proposes to make on the property
to be developed, if known.
D. A development schedule indicating the approximate
date when construction can be expected to begin and be completed,
if known.
E. A copy of all restrictions, covenants and limitations,
if any, under which lots are to be sold.
[Amended 12-9-1982 by Ord. No. 447; 9-18-1986 by Ord. No.
538; 4-6-2006 by Ord. No. 811]
A sketch plan submission is strongly encouraged
by the Township as a way of helping applicants and officials develop
a better understanding of the tract and to help establish an overall
design approach that respects the tract’s special or noteworthy
features, while providing for the density permitted under the Zoning
Chapter. Data furnished at this stage shall include the following:
A. Site plan, showing:
(1) Name of subdivision or land development.
(2) Name and address of the owner/applicant.
(3) Name and address of the engineer, surveyor, architect,
landscape architect or planner responsible for the plan.
(4) Zoning requirements, including:
(a)
Applicable district and district boundaries.
(b)
Maximum density permitted and proposed density,
if applicable.
(c)
Lot size and yard requirements.
(d)
Required and/or proposed open space and impervious
ground coverage ratios.
(e)
Steep slope ratio with supporting calculations.
(f)
Any variances or special exceptions granted.
(5) Location map showing relation of site to adjoining
properties and streets within 1,000 feet. (Scale: one inch equals
800 feet.)
(7) Written and graphic scales (including scale of location
map).
(8) Total acreage of the site.
(10)
Boundaries of all adjoining properties (with
names of landowners in the case of unplatted land).
(11)
Existing streets on and adjacent to the site
with rights-of-way.
(12)
Existing principal buildings (and their respective
uses) and driveways on the peripheral strip. Sewer lines, storm drains,
culverts, bridges, utility easements, quarries, railroads, and other
significant man-made features within 500 feet of and within the site,
including properties across streets.
(13)
Proposed general street layout.
(14)
Proposed general lot layout.
(15)
Types of buildings proposed.
(16)
Number of dwelling units proposed.
[Amended 12-9-1982 by Ord. No. 447]
(19)
Parking areas with dimensions and number of
parking spaces.
[Added 12-9-1982 by Ord. No. 447]
(20)
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.
(21)
Topographic, physical, and cultural features
including but not limited to fields, pastures, meadows, woodland,
trees with a dbh of six inches or more, hedgerows and other significant
vegetation, steep slopes, rock outcrops, soil types, ponds, ditches,
drains, storage tanks, streams within 200 feet of the tract, and existing
rights-of-way and easements, and historical and cultural features
such as all structures, foundations, walls, wells, trails, and abandoned
roads.
(22)
General description of proposed method of water
supply, sewage disposal, and stormwater management.
B. Natural features map. This plan is required for all
major subdivision and land development submissions. For minor subdivisions,
the information below may be included on the site plan. The following
information shall be indicated:
(1) Contour lines measured at intervals of two feet. Slopes
may be determined by interpretation of United States Geological Survey
maps at this stage.
(5) Limestone areas subject to sink conditions.
[Added 2-9-2006 by Ord. No. 809]
A. Title. This section shall be known as the "Whitemarsh
Township Transportation Impact Fee Ordinance."
B. Purpose. The purpose of this section is to establish
a transportation impact fee to insure that the cost of needed capital
improvements is applied to new developments in a manner that will
allocate equitably the cost of those improvements among property owners
such that the transportation system of the Township is available and
adequate to support new growth and development. To advance this objective,
there is hereby created a transportation impact fee payable to the
Township at the time of building permit(s) issuance.
C. Findings and conclusions. The Board, pursuant to Act
209, hereby finds and declares:
(1)
The conditions and standards for the determination
and imposition of a transportation impact fee set forth herein are
those set forth in Act 209 and consist of:
(a)
The recitals set forth above;
(b)
The analysis, advice and recommendations of
the Committee;
(c)
The land use assumptions report as prepared
by the Committee and adopted by the Board by Resolution No. 2005-14,
dated September 22, 2005;
(d)
The roadway sufficiency analysis as prepared
by the Committee and adopted by the Board by Resolution No. 2006-8,
dated January 26, 2006;
(e)
The transportation capital improvements plan
as prepared by the Committee and adopted by the Board by Resolution
No. 2006-9, dated January 26, 2006; and
(f)
Such other conditions and standards as the Board
may by resolution from time to time identify as being relevant, material
and necessary to the imposition of a transportation impact fee and
consistent with the provisions of Act 209 and any amendments thereto.
(2)
The collection, disbursement and accounting
of transportation impact fees shall be administered by the office
of the Township Manager, with the assistance of the Township Finance
Director, and further subject to the review, oversight and control
of the Board.
(3)
The time, method and procedure for payment of transportation impact fees shall be as set forth in Subsection
O, Method of payment, of this section.
(4)
The procedure for credits against or refunds of transportation impact fees shall be as set forth in Subsection
P, Credits, and Subsection
Q, Refunds, of this section.
D. Definitions. The terms and definitions as set forth
in 53 P.S. § 10502-A, Definitions, of Act 209 are hereby
adopted, referenced and incorporated as if more fully set forth herein.
E. Imposition. There is hereby enacted a transportation
impact fee to be imposed upon new subdivision or land development
for the purpose of funding off-site public transportation improvements
as authorized by Act 209 and as described in the roadway sufficiency
analysis adopted by the Board in Resolution 2006-8 and the capital
improvements plan adopted by the Board in Resolution 2006-9, both
dated January 26, 2006. The transportation impact fees shall apply
to all new subdivisions or land developments within each of the transportation
service areas as hereinafter defined and identified (the transportation
service area) and shall be due and payable to the Township at the
time of issuance of a building permit(s), such payment being a condition
precedent to the issuance and validity of such building permit(s).
F. Uses. Transportation impact fees collected pursuant
to this chapter may be expended for those costs incurred for improvements
identified in the analysis and plan which are attributable to new
subdivision or land development, including the acquisition of land
and rights-of-way, engineering, legal and planning costs and all other
costs which are directly related to road improvements within the transportation
service area, including debt service and further including such proportionate
amount of the preparation of the land use assumptions, roadway sufficiency
analysis and capital improvements plan as is permitted pursuant to
Act 209.
G. Incorporation of supporting documentation. The following
documents, adopted by the Board as indicated below, are hereby incorporated
by reference as if more fully set forth herein:
(1)
The land use assumptions report, adopted by
Resolution 2005-14, dated September 22, 2005.
(2)
The Roadway Sufficiency Analysis, adopted by
Resolution 2006-8, dated January 26, 2006.
(3)
The Transportation Capital Improvements Plan,
adopted by Resolution 2006-9, dated January 26, 2006.
(4)
The Impact Fee Schedule, adopted by resolution.
H. Special transportation studies. Where intended to
assist in the determination of the appropriate amount of the transportation
impact fee, the Township may require an Applicant to prepare a special
transportation study (the special transportation studies) to determine
the traffic generation and circulation patterns in new nonresidential
land developments or subdivisions; provided however, that no studies
may be required when the proposed development will not require a deviation
from the land use assumptions resulting in increased density, intensity
or trip generation. The special transportation study shall be prepared
by a qualified traffic or transportation engineer in accord with generally
accepted transportation planning and engineering standards and shall
be submitted prior to the imposition of a transportation impact fee
and shall be considered in determination of same. The applicant shall
be responsible for all costs associated with the special transportation
studies.
I. Applicability of transportation impact fee. This chapter
shall be uniformly applicable to all subdivision and land developments
within the transportation service areas, as such are identified within
the analysis and plan.
J. Imposition of transportation impact fee. No building
permit shall be issued for a subdivision or land development within
a transportation service area, identified within the analysis and
plan, until such time as the developer thereof has paid to the Township
the transportation impact fee imposed by and calculated pursuant to
this chapter.
K. Calculation of transportation impact fee.
(1)
The transportation impact fee shall be based
upon the total costs of providing necessary road improvements or portions
thereof included in the analysis and plan within a given transportation
service area and attributable to and necessitated by new subdivision
or land development within the transportation service area, divided
by the number of anticipated peak hour trips generated by all new
subdivision or land development consistent with the land use assumptions,
as adopted, and calculated in accordance with the Trip Generation
Manual published by the Institute of Transportation Engineers, sixth
or subsequent editions, to equal the per-trip cost for transportation
improvements within the transportation service area.
(2)
The transportation impact fee for a specific
new subdivision or land development within the transportation service
area for road improvements shall be determined as of the date of preliminary
subdivision or land development approval by multiplying the per trip
cost established for the transportation service area by the estimated
number of peak hour trips to be generated by the new subdivision or
land development using generally accepted traffic engineering standards.
(3)
If the subdivision or land development contains
a mix of uses, the applicant must separately calculate the transportation
impact fee due for each type of use.
L. Establishment of transportation service areas.
(1)
Transportation service areas are established
as shown on the map, entitled "Figure 3, Transportation Service Areas,"
as included in the analysis and plan and as further attached hereto
as Exhibit "A" and incorporated herein by reference.
(2)
Additional transportation service areas may
be designated by the Board from time to time consistent with the procedures
set forth herein and in Act 209 and when designated in consideration
of the following additional factors:
(a)
The Township Comprehensive Plan;
(b)
Any standards for adequate public facilities
incorporated in the capital improvements program;
(c)
The projected build-out and timing of development
areas; and
(d)
Such other factors as the Board may deem relevant.
(3)
Transportation impact fees collected from development
in each transportation service area shall be used exclusively to fund
transportation improvements projects scheduled for that transportation
service area.
M. Nonbinding transportation impact fee estimates. Prior
to making an application for a building permit, an applicant may request
a nonbinding impact fee estimate from the Township. Unless the applicant
specifies a lesser use or development, any such estimate shall be
based upon the maximum development potential of the site pursuant
to existing zoning regulations.
N. Administration of transportation impact fees.
(1)
Collection. Transportation impact fees due pursuant
to this chapter shall be collected by the Township prior to the issuance
of a building permit in the manner hereinafter set forth.
(2)
Establishment and maintenance of fund. Any transportation
impact fees collected by the Township pursuant to this chapter shall
be deposited into an interest-bearing fund account designated solely
for transportation impact fees, clearly identifying the transportation
service area for which the transportation impact fee was received.
Interest earned by the transportation impact fee account shall be
credited to the account and shall be used solely for the purposes
specified for funds of such account.
(a)
Except as otherwise provided for herein, funds
collected in one transportation service area must be accounted for
and expended for transportation capital improvements identified by
the analysis and plan within the same transportation service area.
(b)
Notwithstanding any other provision of this
chapter, and in compliance with Act 209, the Township may expend transportation
impact fees paid by an applicant for projects not contained in the
analysis and plan, or may provide credit against transportation impact
fees for the value of any construction not contained in the analysis
and plan, which are performed at the applicant's expense if all of
the following criteria are met:
[1] The applicant has provided written
consent to use its collected transportation impact fees or the provision
of such credit against its transportation impact fees for specific,
alternative transportation projects which are not included in the
analysis and plan;
[2] The alternative transportation
projects, whether highway or multimodal, have as their purpose the
reduction of traffic congestion or the removal of vehicle trips from
the roadway network; and
[3] The Township amends its analysis
and plan to provide replacement of the collected transportation impact
fees transferred to alternative transportation projects from sources
other than impact fees or developer contributions within three years
of completion of the alternative projects to which the transferred
transportation impact fees were applied or for which credit was provided.
(3)
Maintenance of records. The Township Manager
or Finance Director shall be responsible for the separate and proper
accounting of any transportation impact fees received pursuant to
this chapter. The Township Manager or Finance Director shall maintain
and keep adequate financial records for each account which shall show
the source and disbursement of all revenues, which shall account for
all monies received, and which shall ensure the disbursement of funds
from each account shall be used solely and exclusively for the provision
of projects specified in the analysis and plan for the particular
transportation service areas.
O. Method of payment. Payment of the transportation impact
fee shall be made by the applicant prior to the issuance of a building
permit by the Township.
P. Credit. The Board, at its sole discretion, may direct
the Township Manager to provide the applicant:
(1)
A credit against the transportation impact fee
otherwise due in the amount of the fair market value of any land dedicated
by the applicant to the Township for future right-of-way, realignment
or widening of any existing roadways. The fair market value of the
land dedicated by the applicant shall be determined as of the date
of the submission of the subdivision or land development application
to the Township.
(2)
A credit against the transportation impact fee
otherwise due for the value of construction of road improvements contained
in the analysis and plan which are performed at the applicant's expense.
The amount of such credit for any transportation capital improvement
constructed shall be the amount allocated in the analysis and plan,
including contingency factors, for such work.
(3)
Any applicant who shall perform, at his own
expense, and with the consent and agreement of the Board, off-site
improvements, as herein defined, shall be eligible for a credit from
the transportation impact fee otherwise due in the amount of the actual
cost of such off-site improvements as approved by the Township Engineer,
only if all of the following criteria are met:
(a)
The applicant shall enter into an agreement
(the improvement agreement) with the Board, prior to the issuance
of a building permit. The improvement agreement shall establish the
estimated cost of the off-site improvements, the schedule for initiation
and completion of the off-site improvements, a requirement that the
off-site improvements be completed to Township and Pennsylvania Department
of Transportation standards and design criteria and other such terms
and conditions as deemed necessary by the Board;
(b)
The Board shall review the improvement agreement,
verify costs and time schedules, determine if the improvement is contained
in the analysis and plan, and determine the amount of the applicable
credit for such improvement to be applied against the otherwise due
transportation impact fee; and
(c)
The applicant shall be required to supply financial
security sufficient, in the judgment of the Township, to cover the
cost of any such improvement installed by the applicant for which
the credit is sought.
(4)
In no instance shall any credit authorized by the Board pursuant to this Subsection
P, Credit, exceed the amount of the transportation impact fee actually due.
Q. Refunds. Transportation impact fees collected pursuant
to this chapter shall be refunded, together with earned accrued interest
thereon, to the payor of the fees from the date of payment under any
of the following circumstances:
(1)
In the event the Township terminates or completes
the analysis and plan for a transportation service area and there
remains at the time of termination or completion undispersed funds
in the account(s) established for that purpose, the Township shall
provide written notice by certified mail to those persons who previously
paid the transportation impact fees which remain undispersed of the
availability of said funds for refund of the persons proportionate
share of the fund balance. The allocation of the refund shall be determined
by generally accepted accounting practices. In the event any of the
funds remain unclaimed following one year after notice, which notice
shall be provided to the last known address provided by the payor
of the transportation impact fee to the Township, the Township shall
be authorized to transfer any funds remaining to any other fund in
the Township without further obligation to refund such funds.
(2)
In the event the Township fails to commence
construction of any transportation service area road improvements
(the transportation capital improvement) within three years of the
scheduled construction date set forth in the analysis and plan, any
person who paid any transportation impact fees pursuant to that analysis
and plan shall, upon written request to the Township, receive a refund
of that portion of the transportation impact fee attributable to the
contribution for the uncommenced Transportation Capital Improvement,
plus interest accumulated thereon from the date of payment.
(3)
If, upon completion of any transportation capital
improvement, the actual expenditures of the transportation capital
improvement are less than 95% of the costs properly allocable to the
transportation impact fee(s) paid within the transportation service
area in which the completed transportation capital improvement was
adopted, the Township shall refund the pro rata difference between
the budgeted costs and the actual expenditures, including interest
accumulated thereon from the date of payment, to the person(s) who
paid the transportation impact fees for such completed transportation
capital improvement.
(4)
If the new subdivision or land development for which the transportation impact fees were paid is not commenced prior to the expiration of the building permits issued for the project within the time limits established by the applicable building codes within the Township or if the building permit as issued for the project is altered and the alteration results in a decrease in the amount of the transportation impact fee due in accordance with the calculations set forth under Subsection
K, Calculation of transportation impact fee, hereunder.
R. Additional and supplemental requirement. The transportation
impact fee is additional and supplemental to, and not in substitution
of, any other requirements by the Township on the subdivision or development
of land or the issuance of building permits. Nothing herein contained
shall be deemed to alter or affect the Township's existing ordinances
and regulations regarding on-site improvements. In no event shall
a property owner be obligated to pay for transportation capital improvements
in an amount in excess of the amount calculated pursuant to this chapter;
provided, however, that a property owner may be required to pay, pursuant
to Township ordinances, regulations or policies, for other public
facilities in addition to the transportation impact fee.
S. Retroactive application.
(1)
Notwithstanding anything to the contrary contained
herein, transportation impact fees may be imposed on those projects
involving subdivisions, land developments or planned residential developments
for which an application has been filed on or after the first publication
of notice of the Township's intent to adopt this chapter; provided,
however, that such retroactivity does not exceed 18 months after the
adoption of the resolution that created the Committee in connection
herewith.
(2)
In retroactive applications, the pre-trip fee
may not exceed $1,000 or the actual calculated fee, whichever is less.
[Amended 12-9-1982 by Ord. No. 447; 9-18-1986 by Ord. No.
538; 11-16-1989 by Ord. No. 584; 11-16-1989 by Ord. No. 585]
A. Drafting standards.
(1) The plan shall be drawn at a scale of one inch equals
50 feet or one inch equals 100 feet.
(2) Dimensions shall be in feet and decimal parts thereof;
and bearings in degrees, minutes and seconds.
(3) The boundary line of the subdivision or land development
shall be shown as a solid heavy line.
(4) Plans shall be on sheets either 15 inches by 18 inches,
18 inches by 30 inches or 24 inches by 36 inches, and all lettering
shall be so drawn as to be legible if the plans should be reduced
to half size.
B. The minor subdivision plan or minor land development
plan shall show or be accompanied by the following information:
(1) Site plan, showing:
(a)
Name of subdivision or land development.
(b)
Name and address of the owner/applicant.
(c)
Name, address and seal of the engineer or surveyor
responsible for the plan.
(d)
Zoning requirements, including:
[1]
Applicable district and district boundaries.
[2]
Maximum density permitted and proposed density,
if applicable.
[3]
Lot size and yard requirements.
[4]
Required and proposed open space and impervious
ground coverage ratios, if applicable.
[5]
Steep slope ratio with supporting calculations.
[6]
Any variances or special exceptions granted.
(e)
Location map showing relation of site to adjoining
properties and streets within 1,000 feet. (Scale: one inch equals
800 feet.)
(g)
Written and graphic scales, including scale
of location map.
(h)
Total acreage of the site.
(j)
Boundaries of all adjoining properties (with
names of landowners in the case of unplatted land).
(k)
Existing streets on and adjacent to the site
with rights-of-way.
(l)
Existing principal buildings (and their respective
uses) and driveways on the adjacent peripheral strip; sewer lines,
storm drains, culverts, bridges, utility easements, quarries, railroads
and other significant man-made features within 500 feet of and within
the site, including properties across streets.
(m)
Lot layout with exact dimensions, areas and
uses of lots; building setback lines and rear and side yard lines.
(n)
Types of buildings proposed, if any.
(o)
Number of units proposed.
(p)
Open space areas, if any.
(r)
Floodplains and floodplain soils.
(2) Management information. A formal contract for maintenance
of open space and/or private streets and method of management and
maintenance, if applicable.
(3) Planning modules for land development as required by Chapter
71 of the Pennsylvania Sewage Facilities Act, as amended, if necessary.
(4) Acknowledgments.
(a)
All offers of dedication and covenants governing
the reservation and maintenance of undedicated open space, bearing
a certificate of approval of the Township Solicitor.
(b)
Such private deed restrictions, including building
setback lines, as may be imposed upon the property as a condition
of sale, together with a statement of any restrictions previously
imposed which may affect the title to the land being subdivided.
(c)
All required permits and related documentation
from the Pennsylvania Department of Environmental Resources where
any alteration or relocation of a stream or watercourse is proposed.
(d)
Highway occupancy permits or documentation indicating
that such permits are available to the applicant from the Pennsylvania
Department of Transportation and/or the Montgomery County Roads and
Bridges Department, if applicable.
(e)
A written agreement pursuant to §
105-89.
(f)
A letter of commitment or agreement indicating
the availability of a central water supply from the appropriate utility,
if applicable.
(g)
A written request for modification of requirements pursuant to §
105-10.
[Added 4-6-2006 by Ord. No. 811]
A. All preliminary and final subdivision or land development
plans in the Conservation Design Overlay District shall be referred
to and reviewed by the Planning Commission and shall be approved or
disapproved by the Board of Supervisors in accordance with the procedures
specified in this section and in other sections of this chapter.
B. Overview of procedures: The item in Subsection
B(1) and the items in Subsection
B(3) through
(5) below are optional, but strongly encouraged as important, valuable and highly recommended steps. The item in Subsection
B(2) is required at the time of submission of the preliminary plan, but is also strongly recommended at the time of submission of the sketch plan. The items in Subsection
B(6) through
(9) are required. These steps shall be followed sequentially, and may be combined only at the discretion of the Board of Supervisors.
(1)
Preapplication meeting with the Planning Commission.
(2)
Existing resources and site analysis plan.
(3)
Site inspection by Planning Commission and applicant.
(4)
Presketch plan conference.
(5)
Sketch plan submission and review.
(6)
Preliminary plan: determination of completeness in accordance with the requirements of §
105-21 and all other applicable sections of this chapter.
(7)
Final plan, preparation: completion and compliance
with all conditions of preliminary plan approval and documentation
of all other agency approvals, as applicable.
(8)
Final plan, submission: determination of completeness,
review, and action on the final plan by the Board of Supervisors,
taking into consideration all recommendations made by the Planning
Commission.
(9)
Recording of approved final plan with the Montgomery
County Recorder of Deeds within the time constraints established by
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
C. Submission and review of sketch plan.
(1)
Applicability. A sketch plan is strongly encouraged for all proposed minor or major subdivisions and land developments. Sketch plans, as described in §
105-20, shall be submitted to the Township for review by the Planning Commission. 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 provided by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
(2)
Preapplication meeting. If a sketch plan is
to be submitted, a preapplication meeting will be scheduled, previous
to sketch submittal, between the applicant, the site designer, and
the Planning Commission and its planning consultant, to introduce
the applicant to the Township's Zoning and Subdivision and Land Development
Chapters 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.
(3)
Existing resources and site analysis plan. Applicants are encouraged to submit an ERSAP prepared in accordance with the requirements contained in §
105-21B(13) of this chapter. The purpose of this 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. The ERSAP shall be provided prior to or at the site inspection, and shall form the basis for the development design as shown on the sketch plan (or on the preliminary plan, if the optional sketch plan is not submitted).
(4)
Site inspection. After submitting the ERSAP
to the Township, a site inspection of the property by the Planning
Commission, other Township officials and the applicant will be scheduled.
Applicants, their site designers, and the landowner are encouraged
to attend the site inspection. The purpose of the visit is to familiarize
local officials with the tract'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 common open space, if applicable, and potential
locations for proposed buildings and street alignments.
(5)
Presketch conference. Following the site inspection and prior to the submission of a sketch plan, the applicant is encouraged to meet with the Planning Commission 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 five-step design procedure described in §
105-21B(14) of this chapter, where applicable. At the discretion of the Planning Commission, this conference may be combined with the site inspection.
(6)
Sketch plan submission and review.
(a)
At least seven days prior to the Planning Commission meeting at which the sketch plan is to be discussed, copies of a sketch plan, meeting the requirements set forth in §
105-20 of this chapter, shall be submitted to the Township Manager during regular business hours for distribution to the Board of Supervisors, the Planning Commission, the Township Planner, the Township Engineer and applicable Township advisory boards. The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for common open space, building sites, and street alignments, and shall be based closely upon the information contained in the ERSAP. The sketch plan shall also be designed in accordance with the five-step design process described in §
105-21B(14) of this chapter and with §
116-276, greenway land use and design standards, of Chapter
116, Zoning, of the Code of Whitemarsh Township.
(b)
The Planning Commission shall review the sketch
plan in accordance with the criteria contained in this chapter and
with other applicable Township ordinances. The 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. The review shall include but is not limited
to:
[1] 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, historical or cultural significance as identified
on the applicant's ERSAP and on the Conservation Features Map;
[2] The potential for street connections
with existing streets, other proposed streets, or potential developments
on adjoining tracts;
[3] The location of proposed access
points along the existing road network;
[4] The proposed building density and
impervious coverage;
[5] The compatibility of the proposal
with respect to the objectives and policy recommendations of the Comprehensive
Plan and the Conservation Features Map; and
[6] Consistency with the Zoning Chapter.
(c)
The Planning Commission shall submit its written
comments to the applicant and to the Board of Supervisors.
D. Submission and review of preliminary plan.
(1)
The preliminary plan is an engineered scale drawing in which layout ideas are illustrated in precise detail. If an applicant opts not to submit a sketch plan, the preliminary plan shall include all information required for sketch plans listed in §
105-20 of this chapter, specifically including the ERSAP per §
105-21B(13) of this chapter, plus further details as noted in this section.
(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 shall 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 broker or real estate agent, if any. No application
shall be deemed filed unless all requirements have been met and all
fees thereof paid in full.
(3)
The ERSAP shall be presented at the preapplication meeting, and distributed to those Township officials who attend the site inspection described in §
105-24.1C(4) of this chapter, which shall occur at the preliminary plan stage if it has not already occurred at the sketch plan stage.
(4)
The Planning Commission shall review the preliminary
plan and any recommendations made by county, state and federal agencies
and the Township Planner and the Township Engineer, to determine conformance
of the preliminary plan with this chapter, the Zoning Chapter, and
any other relevant Township ordinances.
(5)
After such review, the Planning Commission shall
submit its report to the Board of Supervisors, containing its findings
and recommendations, citing specific sections of the statutes or ordinances
relied upon. A copy of said report shall be given to the applicant.
E. Submission of final plan documents.
(1)
Within one year after approval of the preliminary plan, a 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 final plan shall conform to the requirements set forth in §
105-22 of this chapter. It shall also conform to the preliminary plan as previously reviewed by the Planning Commission and the Board of Supervisors, and shall incorporate all conditions set by the Board of Supervisors 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.
(2)
The Board of Supervisors, at its sole discretion,
may permit submission of the 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 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 three years after the date of preliminary plan approval.
(3)
Unless the filing deadline in §
105-24.1E(1) and
(2) of this chapter is waived or extended by the Board of Supervisors, 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.
(4)
Official submission of the final plan to the
Township Manager shall consist of:
(a)
Three copies of the application for review of
final subdivision or land development plan.
(b)
Thirty or more copies of the final plan and
all supporting plans and information to enable proper distribution
and review, as required by the Board of Supervisors.
(c)
Copies of all applications made or notices provided
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 final plan, including, but not limited to, applications
or notices provided to the U.S. Army Corps of Engineers, the U.S.
Department of Agriculture Soil Conservation District, the U.S. Environmental
Protection Agency, the state DEP, or the state Department of Transportation
and the Montgomery County Health Department.
(d)
Payment of application fees and deposit of escrow
for plan review costs.
(5)
The Township Manager shall note the date of
receipt and shall then forward:
(a)
Seven copies of the final plan and application
to the Planning Commission;
(b)
One copy each to the Assistant Township Manager
and the Township Engineer;
(c)
Five copies to the Board of Supervisors;
(d)
Two copies for the Township files;
(e)
One copy to the Historical Architectural Review
Board, where applicable;
(f)
Seven copies to the Township Environmental Advisory
Board;
(g)
One copy to the Township Park and Recreation
Board;
(h)
One copy to the Township Shade Tree Commission;
(i)
One copy, referral letter and sufficient fee
to the Montgomery County Planning Commission, when required by the
Board of Supervisors;
(j)
One copy to other state and county agencies,
including the Montgomery County Health Department, when required by
the Board of Supervisors;
(k)
One copy to the governing body of any adjacent
municipality or municipalities if the tract to be subdivided abuts
or lies partially in that municipality; and
(l)
One copy of the sedimentation and erosion control
plan and application form to the U.S. Department of Agriculture Soil
Conservation District, where applicable.
(6)
Where the final plan is for a minor subdivision, the applicant shall submit the plan in accordance with the requirements of §
105-23 of this chapter.
(7)
The final plan and supporting data (including
reports from the State DEP, the Montgomery County Board of Health,
the Montgomery County office of the USDA Natural Resources Conservation
Service, and the Montgomery County Planning Commission) shall comply
with the provisions of this chapter and those of the Zoning Chapter.
(8)
The Planning Commission may review the 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 Chapter.
(9)
No approval of the final plan shall be granted
by the Board of Supervisors 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
final plan approval in accord with this chapter, 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 final plan shall be disapproved.
(10)
Notwithstanding the foregoing procedure, unless
the applicant agrees in writing to extend the time period for decision,
the Board of Supervisors shall render a decision on all final plans
within the statutory time limitations.
(11)
The decision of the Board of Supervisors shall
be in writing and shall be communicated to the applicant as required
by the Pennsylvania Municipalities Planning Code.
(12)
If at any time the applicant submits a revised
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
Pennsylvania Municipalities Planning Code for decision on the final
plan by the Township. No new application fee shall be required for
any revision submitted within two years of the first final plan application.
(13)
Copies of the final plan, as finally approved with the appropriate endorsement of the Board of Supervisors, shall be recorded, at the applicant's sole cost, by the Township in the Office of the Montgomery County Recorder of Deeds in accordance with §
105-17 of the Code.
(14)
Approval of any final plan shall, in addition
to any other applicable provisions of this chapter, be subject to
the following conditions:
(a)
The applicant shall execute an agreement in accordance with §
105-89A of this chapter, verifying that all required improvements and common amenities shall be constructed, and further guaranteeing completion and maintenance of these improvements and common amenities through a type of financial security acceptable to the Township.
(b)
Where applicable, the applicant shall execute an escrow agreement to cover the cost of all required improvements and common amenities, in accordance with §
105-89B of this chapter.
(c)
The applicant shall agree, 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. The Township shall not take dedication
until such time as all streets and improvements to be dedicated are
completed and are certified as being satisfactory by the Township
Engineer. The Board of Supervisors 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 dedication.
(d)
Whenever the applicant is providing common open space as part of the development, such common open space shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities in conformity with the provisions of §
116-276, Permanent common open space protection through conservations easements, of Chapter
116, Zoning, of the Code of Whitemarsh Township. The permitted activities identified shall be consistent with §
116-275, Common open space land use and design standards, of Chapter
116, Zoning, of the Code of Whitemarsh Township. Such easement shall be executed between the applicant and either the Township or, with Township consent, a conservation organization qualified to accept charitable donations of conservation easements.
(e)
The applicant shall submit to the Township all
required permits, approvals or waivers from agencies having jurisdiction
over ancillary matters necessary to effect the subdivision or land
development, such as Pennsylvania Department of Transportation, Environmental
Protection Agency, the Public Utility Commission, U.S. Army Corps
of Engineers, Department of Agriculture Soil Conservation District,
and/or the Montgomery County Health Department.