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.)
(6) 
North point.
(7) 
Written and graphic scales (including scale of location map).
(8) 
Total acreage of the site.
(9) 
Site boundaries.
(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]
(17) 
Open space areas.
(18) 
Recreation areas.
(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.
(2) 
Floodplain areas.
(3) 
Floodplain soil areas.
(4) 
Steep slopes.
(5) 
Limestone areas subject to sink conditions.
(6) 
Forest areas.
(7) 
Streams.
(8) 
Lakes and ponds.
(9) 
Wetlands.
A. 
Drafting standards.
(1) 
Preliminary plans for major subdivision/land development shall be drawn at a scale of one inch equals 40 feet to coincide with the improvement construction plans required under § 105-22B(5), unless otherwise approved by the Township Engineer.
[Amended 11-16-1989 by Ord. No. 584]
(2) 
Dimensions shall be set in feet and decimal parts thereof; and bearings in degrees, minutes and seconds.
(3) 
Each sheet shall be numbered and shall show its relationship to the total number of sheets.
(4) 
Where any revision is made, or when the plan is a revision of a previously approved plan, dotted lines shall be used to show features or locations to be abandoned and solid lines to show the currently proposed features. Notations of revisions shall be dated.
(5) 
The plan shall be so prepared and bear an adequate legend to indicate clearly which features are existing and which are proposed.
(6) 
The boundary line of the subdivision shall be shown as a solid heavy line.
(7) 
All plans submitted shall be made on sheets of 24 inches x 36 inches.
[Added 4-6-2006 by Ord. No. 811]
B. 
The preliminary 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 owner/applicant.
(c) 
Name and address of the engineer, surveyor, architect, landscape architect or planner responsible for the plan.
(d) 
Zoning requirements, including:
[1] 
Applicable district and district boundaries.
[Amended 12-9-1982 by Ord. No. 447]
[2] 
Maximum density permitted, if applicable.
[3] 
Lot size and yard requirements.
[4] 
Open space and impervious ground coverage ratios, if applicable.
[5] 
Any variances or special exceptions granted.
(e) 
Proposed standards:
[1] 
Density.
[2] 
Open space ratio.
[3] 
Impervious ground coverage.
[4] 
Steep slope ratio with supporting calculations.
[Amended 9-18-1986 by Ord. No. 538]
[5] 
Dwelling unit mix, if known.
[6] 
Size of units (in bedrooms), if known.
(f) 
Location map showing relation of site to adjoining properties and streets, within 1,000 feet.
[Scale: one inch equals 800 feet.]
(g) 
North point.
(h) 
Written and graphic scales (including scale of location map).
(i) 
Total acreage of the site.
(j) 
A complete outline survey of the property to be subdivided or developed, showing all courses, distances, tie-ins to all adjacent intersections and areas.
(k) 
Location of all existing monuments.
(l) 
Boundaries of all adjoining properties (with names of landowners in the case of unplatted land).
(m) 
Existing streets on and adjacent to the site with rights-of-way.
(n) 
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.
[Amended 12-9-1982 by Ord. No. 447]
(o) 
The proposed layout:
[1] 
The layout and names of streets, including widths of cartways and rights-of-way; and recommended improvements pursuant to Subsection B(9)(d)[6] below.
[2] 
The lot layout and approximate dimensions, areas and uses of lots; building setback lines and rear and side yard lines.
[Amended 12-9-1982 by Ord. No. 447]
[3] 
The arrangement and use of buildings and parking areas in nonresidential developments and multifamily residential developments with all necessary dimensions and number of parking spaces. Elevations and perspective sketches of proposed buildings are encouraged.
[4] 
Open space areas, and indication as to whether offered for dedication.
[5] 
Recreational facilities.
[6] 
Rights-of-way and/or easements for all drainage facilities, utilities or other purposes.
[7] 
Sidewalks and pedestrian paths.
[8] 
Streetlights.
[9] 
Fire hydrants.
[10] 
Monuments.
[11] 
Gas mains.
[12] 
Water mains.
[13] 
Driveway locations.
[14] 
Locations of private sewer systems, if applicable.
(2) 
Soil map, showing:
(a) 
Soil types within the site, based on maps contained in the Soil Survey of Montgomery County, Pennsylvania, United States Department of Agriculture Soil Conservation Service, 1967, as amended. An attached table shall indicate each soil's limitations for community development.
(b) 
Contour lines measured at vertical intervals of two feet. Such elevations shall be determined by on-site survey, not interpretation of United States Geological Survey maps.
(c) 
Datum to which contour lines refer. Where practicable, data shall refer to established elevations.
[Added 12-9-1982 by Ord. No. 447]
(d) 
Floodplain areas.
(e) 
Base flood elevation data as defined in the Zoning Ordinance, if available. If unavailable, the base flood elevation shall be established as a point on the boundary of the Floodplain Conservation District, as defined and delineated in the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 116, Zoning.
(f) 
Floodplain soil areas.
(g) 
Steep slopes.
[Amended 9-18-1986 by Ord. No. 538]
(h) 
Limestone areas subject to sink conditions.
(3) 
Vegetation map, showing:
(a) 
Forest areas.
(b) 
Large trees over six inches caliper standing alone.
(c) 
Other significant vegetation.
(4) 
Water resources map, showing:
(a) 
Streams.
(b) 
Swales.
(c) 
Lakes and ponds.
(d) 
Wetlands.
(5) 
Sedimentation and erosion control plan pursuant to the Whitemarsh Township Grading Ordinance.[2]
[2]
Editor's Note: See Ch. 58, Grading, Erosion Control, Stormwater Management and Best Management Practices.
(6) 
Sewer plan, showing:
(a) 
Public sanitary sewer facilities, if applicable.
(b) 
Central water supply facilities, if applicable.
(7) 
Landscaping and grading plan, showing:
(a) 
Existing and proposed grades for the entire site.
(b) 
Existing vegetation to be removed.
(c) 
Existing vegetation to be preserved.
(d) 
Proposed planting schedule indicating the locations, species and sizes of plantings as required by §§ 105-39, 105-48 and 105-52.
[Amended 12-9-1982 by Ord. No. 447]
(8) 
Tentative typical cross sections and center-line profiles for each proposed street shown on the site plan.
(9) 
Transportation impact study.
[Amended 12-9-1982 by Ord. No. 447]
(a) 
A transportation impact study shall be undertaken for all major subdivisions and land developments as defined in Subsection B(9)(c) below. This study will enable the Township to assess the impact of a proposed development on the local transportation system. Its purpose is to ensure that proposed developments do not adversely affect the transportation network and to identify any traffic problems associated with access from the site to the existing transportation network. The study's purpose is also to delineate solutions to potential problems and to present improvements to be incorporated into the proposed development. The study shall assist in the protection of air quality, the conservation of energy and the encouragement of public transportation use.
(b) 
The Township shall select a qualified traffic engineer and/or transportation planner with previous traffic study experience to prepare the transportation impact study. The Township may utilize the applicant's fees, placed in escrow, to fund such studies. Studies submitted by the applicant shall not be considered as a transportation impact study under this chapter and shall not be accepted by the Township as such. The procedures and standards for the traffic impact study, which shall be adhered to by the consultant, are set forth in Subsection B(9)(d) below.
[Amended 11-16-1989 by Ord. No. 586]
(c) 
Subdivisions and land developments for which study required.
[Amended 11-16-1989 by Ord. No. 586]
[1] 
A transportation impact study shall be required for all subdivisions and land developments that meet one or more of the following criteria:
[a] 
Residential: 50 or more dwelling units.
[b] 
Commercial: a commercial building or buildings consisting of 25,000 square feet or more of gross floor area or when Chapter 116 of the Whitemarsh Township Code, entitled "Zoning," requires 100 or more parking spaces for the proposed use.
[c] 
Office: a development consisting of 25,000 square feet or more of gross floor area or when Chapter 116 of the Whitemarsh Township Code, entitled "Zoning," requires 100 or more parking spaces for the proposed use.
[d] 
Industrial: a development consisting of 50,000 square feet or more of gross floor area or when Chapter 116 of the Whitemarsh Township Code, entitled "Zoning," requires 100 or more parking spaces for the proposed use.
[e] 
Institutional: a development consisting of 25,000 square feet or more of gross floor area or when Chapter 116 of the Whitemarsh Township Code, entitled "Zoning," requires 100 or more parking spaces for the proposed use.
[2] 
The Planning Commission, at its discretion, may request the preparation of a traffic impact study for any other subdivision or land development.
[3] 
The Board of Supervisors shall have the discretion to require the posting of additional moneys in escrow, by the applicant, for the preparation of a traffic impact study for any other subdivision or land development.
(d) 
The transportation impact study shall contain, but not be limited to, the following information:
[1] 
General site description. The site description shall include the size, location, proposed land uses, construction staging and completion date of the proposed land development. If the development is residential, types of dwelling units and number of bedrooms shall also be included. A brief description of other major existing and proposed land developments within the study area shall be provided. The general site description shall also include probable socio-economic characteristics of potential site users to the extent that they may affect the transportation needs of the site (i.e., number of senior citizens).
[2] 
Transportation facilities description.
[a] 
The description shall contain a full documentation of the proposed internal and existing external transportation system. This description shall include proposed internal vehicular, bicycle and pedestrian circulation, all proposed ingress and egress locations, all internal roadway widths and rights-of-way, parking conditions, traffic channelizations, and any traffic signals or other intersection control devices within the site. The site design shall be shown to maximize potential public transportation usage to and from the development, such as providing adequate turning radii at all access points to allow a bus to enter the development. Bus shelter and sign locations shall be designated where appropriate.
[b] 
The report shall describe the entire external roadway system within the study area. Major intersections in the study area shall be identified and sketched. All existing and proposed public transportation services and facilities within a one-mile radius of the site shall also be documented. All future highway improvements, including proposed construction and traffic signalization, shall be noted. This information shall be obtained from the Twelve-Year Highway Capital Program for the Delaware Valley Region, the Whitemarsh Township Comprehensive Plan and from the Pennsylvania Department of Transportation. Any proposed roadway improvements resulting from proposed surrounding developments shall also be recorded.
[3] 
Existing traffic conditions.
[a] 
Existing traffic conditions shall be measured and documented for all streets and intersections in the study area. Traffic volumes shall be recorded for existing average daily traffic, existing peak hour traffic and for the subdivision's peak hour traffic. Complete traffic counts at all major intersections in the study area shall be conducted, encompassing the peak highway and development-generated hour(s), and documentation shall be included in the report. A volume capacity analysis based upon existing volumes shall be performed during the peak hour(s) and the peak development-generated hour(s) for all roadways and major intersections in the study area. Levels of service shall be determined for each location.
[b] 
This analysis will determine the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or intersections experiencing levels of service E or F shall be noted as congestion locations.
[4] 
Transportation impact of the development. Estimation of vehicular trips to result from the proposal shall be completed for both the street system and the development-generated peak hour(s). Vehicular trip generation rates to be used for this calculation shall be obtained from Table 5, below.[3] These development-generated traffic volumes shall be provided for the inbound and outbound traffic movements as estimated. The reference source(s) and methodology followed shall be cited. These generated volumes shall be distributed to the study area and assigned to the existing streets and intersections throughout the study area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to all access points. Pedestrian volumes shall also be calculated, if applicable. If school crossings are to be used, pedestrian volumes shall be assigned to each crossing. Any characteristics of the site that will cause unusual trip generation rates and/or traffic flows shall be noted.
[3]
Editor's Note: Table 5 is included at the end of this chapter.
[5] 
Analysis of transportation impact.
[a] 
The total future traffic demand based on full occupancy of the proposed subdivision or land development shall be calculated. This demand shall consist of the combination of the existing traffic expanded to the completion year, the development-generated traffic, and the traffic generated by other proposed developments in the study area. A volume/capacity analysis shall also be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. This analysis shall be performed using the peak highway hour(s) and peak development-generated hour(s) for all streets and major intersections in the study area. Volume/capacity calculations shall be completed for all major intersections.
[b] 
All access points and pedestrian crossings shall be examined as to the feasibility of installing traffic signals. This evaluation shall compare the projected traffic and pedestrian volumes to the warrants for traffic signal installation. Levels of service for all streets and intersections shall be listed.
[6] 
Conclusions and recommended improvements.
[a] 
All streets and/or intersections showing a level of service below C shall be considered deficient, and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to the following elements: internal circulation design, site access location and design, external street and intersection design and improvements, traffic signal installation and operation, including signal timing, and transit design improvements.
[b] 
Existing and/or future public transportation service shall also be addressed. A listing of all actions to be undertaken to increase present public transportation usage and improve service, if applicable, shall be included.
[c] 
The listing of recommended improvements for both streets and transit shall include, for each improvement, the party responsible for the improvement, the cost and funding of the improvement and the completion date for the improvement.
[d] 
The Planning Commission shall review the transportation impact study to analyze its adequacy in solving any traffic problems that will occur due to the land development or subdivision and make recommendations to the Board of Supervisors.
[e] 
The Board of Supervisors may decide that certain improvements contained in the study on or adjacent to the site or at other locations impacted by the traffic generated by the development of the site are required for preliminary plan approval and may attach those conditions to the plan approval.
[Amended 11-16-1989 by Ord. No. 586]
[f] 
The improvement plans shall not be submitted to the Pennsylvania Department of Transportation until such plans are approved by the Board of Supervisors. This submittal to the Pennsylvania Department of Transportation shall be accompanied by comments of the Planning Commission and the Montgomery County Planning Commission.
(10) 
Acknowledgments.
(a) 
Letter indicating the availability of public sanitary sewer facilities from the appropriate utility, if applicable.
(b) 
Letter of commitment or agreement indicating the availability of central water supply from the appropriate utility, if applicable.
[Amended 11-16-1989 by Ord. No. 584]
(c) 
Schedule delineating all proposed sections of the subdivision or land development, if applicable. Said schedule shall propose deadlines within which final subdivision or land development plans for each section are intended to be filed.
[Added 12-9-1982 by Ord. No. 447]
(11) 
Written request for modification of requirements pursuant to § 105-10.
[Added 11-16-1989 by Ord. No. 584]
(12) 
Site context map. A map showing the location of the proposed subdivision within its neighborhood context shall be submitted.
[Added 4-6-2006 by Ord. No. 811]
(a) 
For tracts 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 tract to natural and man-made features existing within 1,000 feet of the tract boundaries.
(b) 
For tracts 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 tract boundaries.
(c) 
The features that shall be shown on the site context map include topography (as taken from U.S.G.S. maps), stream valleys, wetland complexes (as taken from maps published by the U.S. Fish and Wildlife Service or the U.S.D.A. Natural Resources Conservation Service), woodlands over 10,000 square feet in area (as taken from aerial photographs), ridgelines, public roads and trails, utility easements and rights-of-way, public land, and land protected under conservation easements.
(13) 
Existing resources and site analysis plan (ERSAP). For all subdivisions (except those in which all proposed lots are to be 10 or more acres in area), an ERSAP shall be prepared and shall provide a comprehensive analysis of existing conditions, both on the proposed development tract and within 500 feet of the tract boundaries. Conditions beyond the tract boundaries may be described on the basis of existing published data available from governmental agencies and from aerial photographs.
[Added 4-6-2006 by Ord. No. 811]
(a) 
The ERSAP shall be reviewed by Township staff for accuracy, conformance with Township ordinances, and likely impact upon the natural and cultural resources on the tract.
(b) 
Such plans shall be prepared at the scale of one inch equals 100 feet on a single standard size sheet (24 inches by 36 inches).
(c) 
The following information shall be included in the ERSAP:
[1] 
A vertical aerial photograph enlarged to a scale not less detailed than one inch equals 400 feet, with the tract boundaries clearly marked.
[2] 
Topography, the contour lines of which shall generally be at two-foot intervals, determined by photogrammetry. Ten-foot intervals are permissible beyond the tract boundaries and may be interpolated from U.S.G.S. published maps. However, the final determination of appropriate contour intervals, both within and beyond the tract boundaries, shall be made by the Planning Commission, which may specify greater or lesser intervals on exceptionally steep or flat sites. Steep slopes in two categories shall be clearly indicated: slopes of 15% to 25% slope and slopes of over 25%. Topography for major subdivisions shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the tract or from stereoscopic aerial photography and shall be coordinated with official U.S.G.S. benchmarks.
[3] 
All ponds, streams, ditches, drains, and natural drainage swales, as well as riparian corridors, one-hundred-year floodplains and wetlands, as defined in this and other Township ordinances, shall be located and clearly delineated. Additional areas of wetlands on the proposed development tract shall also be indicated, as evident from testing, visual inspection, or from the presence of wetland vegetation.
[4] 
Vegetative cover conditions on the tract according to general cover type including cultivated land, permanent grassland, meadow, pasture, old field, hedgerow, woodland and wetland, trees with a caliper of six inches or greater, the dripline of existing trees, and woodlands. Vegetative types shall be described by plant community, relative age and condition.
[5] 
Soil series, types and phases, as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the Montgomery County Soil Survey, and accompanying data published for each soil relating to its suitability for construction and, in areas not already served by sewer, suitability for an on-site sewage system.
[6] 
Ridgelines and watershed boundaries shall be identified.
[7] 
A viewshed analysis showing the location and extent of views into the tract from public roads and from public parks, public forests, and state game lands.
[8] 
Geologic formations on the proposed development tract, and underlying geologic formations, including rock outcroppings, cliffs, existing and potential areas of sinkholes, and fault lines, based on available published information or more detailed data obtained by the applicant.
[9] 
All existing man-made features, including but not limited to streets, driveways, farm roads, roads through forests or woodlands, buildings, foundations, walls, wells, drainage fields, utilities, fire hydrants, abandoned roads, stonewalls, above and below ground utilities, and storm and sanitary sewers.
[10] 
Location of all historic or cultural resources on the tract.
[11] 
Location of trails that have been in public use, including but not limited to pedestrian, equestrian, and bicycle trails, as well as any proposed trails.
[12] 
All easements and other encumbrances which are or have been filed of record with the Recorder of Deeds of Montgomery County.
[13] 
Total acreage of the tract, the adjusted tract area and the constrained lands area with detailed supporting site capacity calculations as delineated in § 116-273, site capacity calculations, of the Zoning chapter.
(14) 
Five-step design process for Conservation Design Overlay Districts. All preliminary plans in Conservation Design Overlay Districts shall include documentation of a five-step design process in determining the layout of proposed common open space, building sites, streets and lot lines, as described below.
[Added 4-6-2006 by Ord. No. 811]
(a) 
Step 1: Delineation of common open space.
[1] 
The minimum percentage and acreage of required common open space 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 Chapter. Common open space shall include all primary conservation features areas and those parts of the remaining buildable lands with the highest resource significance, as described below and in § 116-273, Site capacity calculations, and § 116-275, common open space land use and design standards of Chapter 116, Zoning.
[2] 
Proposed common open space shall be designated using the ERSAP as a base map and complying with § 116-275B, common open space land use and design standards, of Chapter 116, Zoning. The Conservation Features Map shall also be referenced and considered. Primary conservation features areas shall be delineated.
[3] 
The Conservation Features Map shall be referenced and considered in delineating secondary conservation features. The applicant, in consultation with the Planning Commission, shall prioritize natural and scenic resources on the tract in terms of their highest to least suitability for inclusion in the proposed common open space.
[4] 
On the basis of the priorities established under Subsection B(14)(a)[3] above, and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring tracts, and the applicant's subdivision objectives, secondary conservation features shall be delineated to meet at least the minimum area percentage requirements for common open space, as determined by § 116-273, Site capacity calculations, of Chapter 116, Zoning, and in a manner clearly indicating their boundaries as well as the types of resources included within them.
(b) 
Step 2: Location of building sites. Potential building sites shall be tentatively located, using the delineation of common open space, generated using Step 1 above as a base map as well as other relevant data on the ERSAP, including but not limited to topography and soils. Building sites shall be located outside all primary conservation features and any secondary conservation features to be preserved, taking into consideration the potential negative impact 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.
(c) 
Step 3: Alignment of streets and trails. Upon designation of the building sites, a street plan shall be designed to provide vehicular access to each building site, complying with the standards in Article V, Design Standards of this chapter and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed common open space shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Street connections shall be encouraged to minimize the number of new culs-de-sac to be maintained by the Township and to facilitate access to and from adjoining tracts.
(d) 
Step 4: Drawing in the lot lines.
[1] 
Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots.
[2] 
Views of lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of this chapter.
[3] 
Lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
[4] 
At least 3/4 of the lots shall directly abut or face common open space across a street.
[5] 
If so requested by the Planning Commission or the Board of Supervisors, the applicant shall submit four separate sketch plans, one for each of Steps 1 through 4, indicating the findings of each step of the design process.
(e) 
Step 5: Water management facilities. The final step in the preliminary plan design process for Conservation Design Overlay Districts is the location and design of the stormwater management facilities. Stormwater management facilities shall be designed with best management practices (BMPs) per Department of Environmental Protection (DEP), guidelines and Chapter 58, Grading, Erosion Control, Stormwater Management and Best Management Practices of the Whitemarsh Township Code.
(15) 
Preliminary resource impact and conservation plan (the preliminary impact plan). This plan shall include the following items:
[Added 4-6-2006 by Ord. No. 811; amended 8-10-2006 by Ord. No. 818]
(a) 
Delineation of areas to be left undisturbed:
[1] 
Proposed open areas to be left undisturbed shall be designated on the preliminary impact plan by using the maps and material in the ERSAP. The Township’s maps of conservation lands in the Comprehensive Plan, open space plan, and park and recreation plan shall also be referenced and considered. The preapplication conference and the site visit shall be used to determine those areas that should have minimal or no disturbance.
[2] 
The open areas identified at this stage of the design process shall include consideration for stormwater management, taking into account areas suitable for groundwater recharge and infiltration.
(b) 
Analysis of how resources will be protected. Narrative shall be provided indicating the ways in which the applicant will respect the existing features of the land described in the site analysis.
[1] 
Limits of disturbance on site. The limits of the grading and soil disturbance shall be shown, with areas designated as important areas delineated and protected.
[2] 
Areas that are to be preserved should be described, including prime agricultural soils, woodlands, vegetation, slopes, views, or any other areas identified in Subsection B(15)(a), above.
[3] 
Description of the manner in which stormwater will be captured on site for maximum infiltration. This should indicate that the areas best suited for stormwater infiltration have been selected for that purpose, based on hydrologic soil groups and the stormwater management requirements of this chapter.
[4] 
Description and plan showing that existing natural contours and vegetation will be respected.
[5] 
Limits on site disturbance and resources applicable to the site due to all applicable provisions of Zoning, Chapter 116, requirements shall be shown.
[6] 
Description of any historic buildings or resources on the site and proposed efforts to preserve them.
[7] 
Description and plan indicating how the site layout will provide advantageous solar orientation.
(c) 
Location of structures and alignment of infrastructure: buildings, streets, trails, utilities, and stormwater management.
[1] 
Building area shall be identified based on the areas set aside for development. Upon designating the building sites, a street plan shall be designed to provide vehicular access to the development which reflects a logical relationship to topographic conditions. Impacts of the street plan on open areas to be protected shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 8%.
[2] 
Indicate the locations and method for providing water service, wastewater, and stormwater management facilities.
(d) 
This requirement of a preliminary impact plan may be waived by the Township 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 tract’s resources.
(16) 
Preliminary improvements plan. This plan shall include the following items:
[Added 4-6-2006 by Ord. No. 811]
(a) 
Historic, architectural, and cultural features, trails and significant natural features, including topography, areas of steep slope, riparian corridors, wetlands, one-hundred-year floodplains, swales, rock outcroppings, vegetation, existing utilities, and other site features, as indicated on the ERSAP.
(b) 
Existing and proposed lot lines, lot areas, existing easements and rights-of-way. For tracts subject to the Conservation Design Overlay District, the boundaries of common open space shall be indicated.
(c) 
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 developed or undeveloped areas. The applicant shall provide preliminarily engineered profiles for proposed streets, including cross-section drawings and details relating to thickness, crowning and construction materials.
(d) 
Location of proposed swales, drainage easements, stormwater and other stormwater management facilities.
(e) 
Where community sewage service is to be utilized, 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. The effluent affects on the total maximum daily load (TMDL) and its effects on the treatment facility’s NPDES Permit for point source discharges shall be described.
(f) 
Where central water service is to be utilized, the conceptual layout of proposed water distribution facilities, including water mains, fire hydrants, storage tanks and, where appropriate, wells or other water sources.
(g) 
Location of all sanitary sewer 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 as determined pursuant to Chapter 55, Tree Protection Standards, of the Code of Whitemarsh Township. The limit-of-disturbance line must be exact in relation to the dripline of existing trees proposed to be saved.
(i) 
Location and dimensions of proposed playgrounds, public buildings, public areas and tracts of land proposed to be dedicated or reserved for public use as determined pursuant to § 105-53, Park and recreational facilities, land and/or fees, of this chapter.
(j) 
If the tract 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 the applicant’s 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 shall also be submitted.
(k) 
Where the applicant proposes to install the improvements in phases, 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 shall be submitted with the preliminary plan.
(l) 
Utilities and easements.
[1] 
Exact locations of existing utility easements and locations of proposed utility easements.
[2] 
Layout of all proposed sanitary and storm sewers and location of all inlets and culverts, and any proposed connections with existing facilities. This data may be provided on a separate plan.
[3] 
The tentative location of proposed on-site sewage and water facilities.
(m) 
Location of proposed trees and their size in calipers, plus locations of existing vegetation to be retained.
(n) 
Signature blocks for the Board of Supervisors and the County Planning Commission shall be provided on the preliminary improvements plan.
(17) 
Preliminary studies and reports. The preliminary plan submission shall include the following studies to assist in determination of the impact of the application upon municipal services and facilities:
[Added 4-6-2006 by Ord. No. 811]
(a) 
Sewer and water feasibility report.
(b) 
Groundwater protection and replenishment study.
(c) 
Erosion and sedimentation control plan.
(d) 
Traffic impact study in accordance with § 105-21B(9).
(e) 
Community association document, where applicable.
[1] 
For all subdivision and land development applications which propose lands and/or facilities to be used or owned in common by all the residents of that subdivision or land development (collectively, the common facilities) and not deeded to the Township, the common facilities shall be controlled and maintained by a homeowners' association or condominium association (the community association) formed in accordance with all applicable laws of the Commonwealth of Pennsylvania, and governed by a community association document, also known as a "homeowners' association document" or a "condominium association document."
[2] 
The elements of the community association document shall include, but shall not be limited to, the following:
[a] 
A description of the common facilities to be owned by the community association. This description shall include a map of the proposal highlighting the precise location of all aspects of the common 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, (the declaration) giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document providing for automatic association membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the community association, including voting, elections, and meetings. Furthermore, the declaration shall give power to the community association to own and maintain the common facilities and to make and enforce rules;
[d] 
Statements prescribing the process by which community association decisions are reached 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 common facilities of the community association will be insured, including limit of liability;
[k] 
Provisions for the dissolution of the community association; and
[l] 
Stormwater management facility maintenance agreements as described in Chapter 58, Grading, Erosion Control, Stormwater Management and Best Management Practices, of the Whitemarsh Township Code.
(18) 
Preliminary common open space ownership and management plan.
[Added 4-6-2006 by Ord. No. 811]
(a) 
Using the preliminary plan as a base map, the boundaries, acreage and proposed ownership of all proposed common open space shall be located and delineated. In addition, the applicant shall also submit a preliminary common open space ownership and management plan (the management plan) detailing the entities responsible for maintaining various elements of the tract, and describing management objectives and techniques for each part of the tract. The management plan as proposed shall be fully consistent with the requirements of § 116-277, Ownership and maintenance of common open space, of Chapter 116, Zoning of the Code of Whitemarsh Township.
(b) 
Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common open space shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(c) 
The applicant shall, at the time of preliminary plan submission, provide a management plan in accordance with the following requirements:
[1] 
The management plan shall define ownership;
[2] 
The management plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of common open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
[3] 
The management plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the common open space and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
(d) 
At the Board of Supervisors’ discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common open space for up to one year.
(e) 
Any changes to the plan shall be approved, in advance, by the Board of Supervisors.
(f) 
In the event that the entity established to maintain the common open space, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of Montgomery County. In addition, any escrow funds may be forfeited and any permits may be revoked or suspended.
(19) 
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 layout of proposed streets, building lots, and common open space complies with the Township's Zoning and Subdivision and Land Development chapters, 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.
[Added 4-6-2006 by Ord. No. 811]
(20) 
Additional plan requirements for outdoor recreational facilities with proposed lighting. For subdivision and land development applications where site lighting is required by this chapter, is otherwise required by the Township or is proposed by the applicant, lighting plans shall be submitted to the Township for review and approval with preliminary subdivision/land development plan applications and shall contain the following:
[Added 12-18-2008 by Ord. No. 871]
(a) 
A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be impacted by lighting. The lighting plan shall contain a layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type. The submission shall include, in addition to existing and proposed area lighting, all other exterior lighting, e.g., architectural, building entrance, landscape, flag, sign, etc.
(b) 
Description of the proposed equipment, including fixture catalog cuts, photometrics, glare-reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.
(c) 
Overall point-by-point isocandle layout.
(d) 
Individual isocandle curve.
(e) 
Individual isocandella curves.
(f) 
When landscaping plans are involved, they shall contain the lighting fixture locations and shall demonstrate that the sight lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.
(g) 
Plan notes. The following shall appear on the lighting plan:
[1] 
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.
[2] 
The Township reserves the right to conduct postinstallation inspections to verify compliance with the requirements of this chapter and approved lighting plan commitments and, if deemed appropriate by the Township, to require remedial action at no expense to the Township.
[3] 
All exterior lighting shall meet IESNA full-cutoff criteria unless otherwise approved by the Township.
[4] 
The installer shall notify the Township to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.
[Added 2-9-2006 by Ord. No. 809[1]]
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]
[2]
Editor's Note: Exhibit A is on file in the Township offices.
(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.
[1]
Editor’s Note: This ordinance also provided that the words and phrases of the ordinance are to be construed in accordance with the following rules: Words and phrases are to be interpreted as defined by the ordinance; words and phrases that are not defined by the ordinance are to be interpreted as defined in §§ 107 and 502-A of the Municipalities Planning Code (the MPC), 53 P.S. §§ 10107 and 10502-A, as amended; words and phrases that are not defined in the ordinance or §§ 107 and 502-A of the MPC are to be interpreted as defined in the Township's Zoning, and Subdivision and Land Development Ordinances; words and phrases that are not defined in the ordinance, §§ 107 and 502-A of the MPC, or in the Townships Zoning, and Subdivision and Land Development Ordinances are to be given their common, ordinary dictionary meanings; and the words, phrases and provisions of the ordinance are not to be interpreted in a way that results in an absurd construction of the meaning, or in a way that causes one provision to contradict another.
A. 
Drafting standards.
(1) 
Final plans for major subdivisions/land developments shall be drawn at a scale of one inch equals 40 feet to coincide with the improvement construction plans required under § 105-22B(5), unless otherwise approved by the Township Engineer.
[Amended 11-16-1989 by Ord. No. 584]
(2) 
Dimensions shall be set in feet and decimal parts thereof; and bearings in degrees, minutes and seconds.
(3) 
Each sheet shall be numbered and shall show its relationship to the total number of sheets.
(4) 
Where any revision is made, or when the plan is a revision of a previously approved plan, notations of revisions shall be dated.
(5) 
The boundary line of the subdivision or land development shall be shown as a solid heavy line.
(6) 
Final 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 plan should be reduced to half size.
B. 
The final 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 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.
[Amended 12-9-1982 by Ord. No. 447]
[2] 
Maximum density permitted, if applicable.
[3] 
Lot size and yard requirements.
[4] 
Applicable open space and impervious ground coverage ratios.
[5] 
Any variances or special exceptions granted.
(e) 
Proposed standards:
[1] 
Density.
[2] 
Open space ratio.
[3] 
Impervious ground coverage.
[4] 
Steep slope ratio with supporting calculations.
[Amended 9-18-1986 by Ord. No. 538]
[5] 
Dwelling unit mix, if known.
[6] 
Size of units (in bedrooms), if known.
(f) 
Location map showing relation of site to adjoining properties and streets within 1,000 feet. Scale: one inch equals 800 feet.
(g) 
North point.
(h) 
Written and graphic scales (including scale of location map).
(i) 
Total acreage of the site.
(j) 
A complete outline survey of the property to be subdivided or developed, showing all courses, distances, tie-ins to all adjacent intersections and areas.
(k) 
Location of all existing monuments.
(l) 
Boundaries of all adjoining properties (with names of landowners in the case of unplatted land).
(m) 
Existing streets on and adjacent to the site with ultimate rights-of-way.
(n) 
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.
[Amended 12-9-1982 by Ord. No. 447]
(o) 
The proposed layout:
[1] 
The layout and names of streets, including widths of cartways and rights-of-way, and recommended improvements pursuant to § 105-21B(9)(d)[6].
[2] 
The lot layout with exact dimensions, areas and uses of lots; building setback lines; and rear and side yard lines.
[Amended 12-9-1982 by Ord. No. 447]
[3] 
The arrangement and use of buildings and parking areas in nonresidential developments and multifamily developments with all necessary dimensions and number of parking spaces. Elevations and perspective sketches of proposed buildings are encouraged.
[4] 
Open space areas and indication as to whether they are offered for dedication.
[5] 
Recreational facilities.
[6] 
Rights-of-way and/or easements for all drainage facilities, utilities or other purposes.
[7] 
Sidewalks and pedestrian paths.
[8] 
Streetlights, in accordance with a streetlight plan approved by the Philadelphia Electric Company.
[Amended 12-9-1982 by Ord. No. 447]
[9] 
Fire hydrants.
[10] 
Monuments.
[11] 
Gas mains.
[12] 
Water mains.
[13] 
Driveway locations.
[14] 
Locations of private sewer systems, if applicable.
(p) 
Where the final plan covers only a portion of the applicant's entire tract, a sketch plan shall be submitted of the prospective street layout for the remainder of the site.
(2) 
Sedimentation and erosion control plan pursuant to the Whitemarsh Township Grading Ordinance.[1]
[1]
Editor's Note: See Ch. 58, Grading, Erosion Control, Stormwater Management and Best Management Practices.
(3) 
Sewer plan, showing:
(a) 
Public sanitary sewer facilities, if applicable.
(b) 
Central water supply facilities, if applicable.
(4) 
Landscaping and grading plan, showing:
(a) 
Existing and proposed grades.
(b) 
Existing vegetation to be removed.
(c) 
Existing vegetation to be preserved.
(d) 
Proposed planting schedule indicating the locations, species and sizes of plantings as required by §§ 105-39, 105-48 and 105-54.
(5) 
Improvement construction plan (drainage and construction) prepared by an engineer. The improvement construction plan shall be at a horizontal scale on the plan and profile of 40 feet to the inch and a vertical scale on the profile of four feet to the inch. It shall contain the following:
[Amended 12-9-1982 by Ord. No. 447]
(a) 
Horizontal plan (streets):
[1] 
Center line with bearings, distances, curve data and stations corresponding to the profile.
[2] 
Right-of-way and curblines with radii at intersections.
[3] 
Beginning and end of proposed construction.
[4] 
Tie-ins by courses and distances to intersections of all public streets, with their names and widths.
[5] 
Location of all proposed monuments with reference to them.
[6] 
Property lines and ownership of abutting properties.
[7] 
Location and size of all drainage structures, sidewalks, public utilities, lighting standards, street trees and street name signs.
(b) 
Profile (streets):
[1] 
Profile of existing ground surface along the center line and both right-of-way lines of streets.
[2] 
Proposed center-line grade with percent on tangents and elevations at fifty-foot intervals, grade intersection and either end of curb radii.
[3] 
Vertical curve data, including length, tangent elevations and minimum sight distance as required in Article V.
(c) 
Cross section (streets):
[1] 
Right-of-way width and location, and width of paving.
[2] 
Type, thickness and crown of paving.
[3] 
Type and size of curb and size of concrete chair under joints.
[4] 
Grading of sidewalk area.
[5] 
Location, width, type and thickness of sidewalks.
[6] 
Typical location of sewers and utilities, with sizes.
(d) 
Horizontal plan (storm drains and sanitary sewers):
[1] 
Location and size of line with stations corresponding to the profile.
[2] 
Location of manholes or inlets with grade between and elevation of flow line and top of each manhole or inlet.
[3] 
Property lines and ownership, with details of easements where required.
[4] 
Beginning and end of proposed construction.
[5] 
Location of laterals and wyes.
[6] 
Location of all other drainage facilities and public utilities in the vicinity of storm and/or sanitary sewer lines.
[7] 
Hydraulic design data for culverts and/or bridge structures.
(e) 
Profile (storm drains and sanitary sewers):
[1] 
Profile of existing ground surface with elevations at top of manholes or inlets.
[2] 
Profile of storm drain or sewer showing type and size of pipe, grade, cradle, manhole and inlet locations.
(6) 
Management information. A formal contract for maintenance of open space and/or private streets and method of management and maintenance, if applicable.
(7) 
Planning modules for land development as required by Chapter 71 of the Pennsylvania Sewage Facilities Act, as amended.
[Amended 12-9-1982 by Ord. No. 447]
(8) 
Acknowledgments.
(a) 
All offers of dedication and covenants governing the reservation and maintenance of undedicated open space, bearing 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 to sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided.
(c) 
Agreement for any street not offered for dedication.
(d) 
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.
(e) 
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.
(f) 
A written agreement, pursuant to § 105-89.
(g) 
Written request for modification of requirements pursuant to § 105-10.
[Added 11-16-1989 by Ord. No. 584]
(9) 
A plan as stipulated in § 105-21 consistent with the terms of preliminary plan approval and modified as necessary to reflect the proposal for final approval.
[Added 4-6-2006 by Ord. No. 811]
(10) 
Final resource impact and conservation plan (the “final impact plan”).
[Added 4-6-2006 by Ord. No. 811]
(a) 
The final impact plan shall comply with all of the requirements for the Preliminary Impact Plan, as set forth in § 105-21B(15) and shall reflect all proposed improvements described in the other Final Plan documents as required under § 105-22 herein.
(b) 
The applicant shall submit a resource assessment report divided into the following sections:
[1] 
A description of existing resources, as documented in § 105-21B(13);
[2] 
The impact of the proposed subdivision on existing resources, correlated to the areas depicted in the final impact plan; and
[3] 
The measures to be taken to minimize and control such impacts, both during and following the period of site disturbance and construction. A statement of qualifications and experience of the preparer of this report shall be provided.
(11) 
Common open space ownership and management plan. Using the final plan as a base map, the precise boundaries, exact acreage, and proposed ownership of all proposed common open space shall be shown. A narrative report shall also be prepared indicating how and by whom such common open space will be managed, and demonstrating compliance with § 116-277, Ownership and maintenance of common open space, of Chapter 116, Zoning of the Whitemarsh Township Code.
[Added 4-6-2006 by Ord. No. 811]
[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.)
(f) 
North point.
(g) 
Written and graphic scales, including scale of location map.
(h) 
Total acreage of the site.
(i) 
Site boundaries.
(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.
(q) 
Monuments.
(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.
A. 
The record plan shall be a clear and legible blue or black line print and shall be an exact copy of the approved final plan on a sheet of the size required for final plans.
B. 
The following information shall appear on the record plan, in addition to the information required in §§ 105-22 and 105-23 for the final plan:
(1) 
Seals.
(a) 
The impressed seal of the engineer or surveyor who prepared the plan.
(b) 
The impressed corporate seal, if the subdivider is a corporation.
(c) 
The impressed seal of a notary public or other qualified officer acknowledging the owner's statement of intent.
(d) 
The impressed Seal of the Montgomery County Planning Commission.
(2) 
Acknowledgments:
(a) 
A statement to the effect that the applicant is the owner of the land proposed to be subdivided and that the subdivision shown on the final plan is made with his or their free consent and that it is desired to record the same.
(b) 
An acknowledgment of said statement before an officer authorized to take acknowledgments.
(c) 
A signed title block, if private sanitary sewer systems are proposed, as follows:
OBSERVATIONS OF DEEP TEST HOLES AS DESCRIBED IN THE PLANNING MODULE FOR LAND DEVELOPMENT AND PERCOLATION TESTS ON ALL LOTS HAVE BEEN PERFORMED BY AN APPROVED SEWAGE ENFORCEMENT OFFICER, AND IT HAS BEEN DETERMINED THAT ALL LOTS ARE SUITABLE FOR __________ TYPE SEWAGE DISPOSAL SYSTEM(S) UNDER CURRENT RULES AND REGULATIONS. PERMITS FOR THE CONSTRUCTION OF EACH INDIVIDUAL SEWAGE DISPOSAL SYSTEM ON EACH LOT MUST BE OBTAINED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF THE SYSTEM AND/OR BUILDINGS.
Date
Signature, Sewage Enforcement Officer
(d) 
A certification by the Montgomery County Planning Commission acknowledging its review.
[Added 11-16-1989 by Ord. No. 584]
(3) 
The following signatures shall be placed on the plan in black ink:
(a) 
The signatures of the owner or owners of the land. If the owner of the land is a corporation, the signatures of the president and secretary of the corporation shall appear.
(b) 
The signature of the notary public, or other qualified officer, acknowledging the owner's statement of intent.
(c) 
The signature of the engineer or surveyor who prepared the plan.
(d) 
The signature of the Township Engineer.
(e) 
The signatures of the Chairman and the Secretary of the Board of Supervisors.
(f) 
The signature of the Director of the Montgomery County Planning Commission.
[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.