A.
The sketch plan of a proposed subdivision, whether
requested by the Planning Commission or submitted at the volition
of the applicant, shall be clearly and legibly drawn to a scale of
one inch equals 50 feet, except under any of the following conditions:
(1)
If the subdivision contains no proposed lots smaller
than five acres, the plan shall be drawn to a scale of one inches
equals not more than 200 feet.
(2)
If the average size of the proposed lots in the subdivision
is five acres or larger, the plan shall be drawn to a scale of one
inch equals not more than 100 feet.
(3)
If more than 1/2 of the proposed lots in the proposed
subdivision have a street frontage equal to or less than 50 feet,
the plan shall be drawn to a scale of one inch equals not more than
20 feet.
C.
If the sketch plan requires more than one sheet, a
key diagram showing the relative location of the several sections
shall be drawn on each sheet.
D.
Information to be shown on a sketch plan shall be
at the discretion of the applicant, but for maximum usefulness the
following information, as a minimum, should be shown.
(1)
Tract boundaries and the total acreage of the tract.
(2)
Name of the municipality in which the subdivision
is located.
(3)
North point, scale (written and graphic) and date
of drawing.
(4)
Name of proposed subdivision or other identifying
title.
(5)
Significant topographical and physical features.
(6)
Proposed general street and lot layout.
(7)
A location map with sufficient information to enable
the location of property.
The preliminary plan shall include or be accompanied by all of the information specified by this section. Scale of drawing(s) and acceptable sheet sizes which shall be required are the same as those recommended for a sketch plan, under § 190-14.
A.
Date, including the month, day, and year that the
preliminary plan was completed and the month, day, and year that the
preliminary plan was revised, for each revision.
B.
Name of recorded owner and subdivider.
C.
Name, address, license number, and seal of the registered
engineer, architect, landscape architect or surveyor responsible for
the subdivision plan.
D.
Names of all owners and deed book reference numbers
of all abutting properties.
E.
A key map for the purpose of locating the property
being subdivided drawn at a scale not less than one inch equals 1,000
feet or less and showing the relation of the property, differentiated
by tone or pattern, to adjoining property. All streets, roads, municipal
boundaries, zoning districts, watercourses, areas subject to flooding,
and recorded subdivision plans existing within 1,000 feet of any part
of the property shall also be shown.
F.
Total tract boundaries of the property being subdivided
showing bearings and distances and a statement of total acreage of
the property.
G.
All existing and proposed streets (whether public
or private, paved or unpaved) either within or adjacent to the proposed
subdivision, including widths of easements and rights-of-way, names,
cartway widths, and grades.
H.
All proposed streets on any Official Map which may
be adopted by the Township.
I.
Zoning data including all of the following if applicable:
(1)
Existing Township zoning regulations, including district
designations, requirements for lot sizes and front yards, and any
zoning district boundary lines traversing the proposed subdivision.
(2)
Any changes in the existing zoning to be requested
by the subdivider.
(3)
Any Township regulations other than zoning governing
lot size or front yard requirements.
J.
Contour lines at vertical intervals of at least two
feet for land with average natural slope of 4% or less, and at intervals
of at least five feet for land with average natural slope exceeding
4%.
K.
Locations and elevation of the data to which contour
elevations refer shall be the closest USGS-established benchmark approved
by the Township Engineer.
L.
All existing sewer lines, water lines, fire hydrants,
electric and telephone utility lines, culverts, bridges, railroads,
quarries, strip mines, watercourses, floodplain areas, and other significant
man-made and natural features within the proposed subdivision and
50 feet beyond the boundaries of the proposed subdivision.
M.
All existing buildings and other structures, the approximate
location of all existing tree masses, other trees over 1 1/2
inches in caliper at four feet above ground level, rock outcrops,
watercourses within the proposed subdivision, and other significant
features.
N.
The full plan of proposed development, including the
following.
(1)
Location and width of all proposed streets, including
street rights-of-way, utility easement locations, suggested names,
anticipated function (e.g., arterial, collector, local access), and
a statement of any conditions governing their use.
(2)
Building reserve (setback) lines along each street.
(3)
Lot lines with dimensions.
(4)
Lot numbers, including a statement giving the total
number of lots being created.
(5)
A statement of the intended use of all nonresidential
lots and parcels.
(6)
Sanitary sewers, if proposed, with the proposed size(s)
and material and any proposed connections with existing treatment
facilities.
(7)
Stormwater management facilities, including storm
sewers as may be proposed. If storm sewers are proposed, size(s) and
material of mains shall be provided along with a statement indicating
whether or not the sewer will connect with any existing storm sewer
system and the proposed location of outfall.
(8)
Parks, playgrounds, and other areas proposed to be
dedicated or reserved for public use. A statement shall be provided
indicating any and all conditions governing such use.
O.
Location of all required soil percolation test holes.
P.
Flood hazard areas.
(1)
Floodplain areas are defined and regulated by Chapter 117, Floodplain Management. Said floodplain areas are set forth as those areas within the one-hundred-year flood boundary shown on the Flood Insurance Rate Map (FIRM) which accompanies the Flood Insurance Study (FIS) prepared for the Township of Maidencreek by the Federal Emergency Management Agency (FEMA), revised December 5, 1997, as may be further revised by FEMA or the Board of Supervisors. Copies of said map shall be available for public inspection in the office of the Township Secretary during regular Township business hours. If the subdivision is located wholly or partially within a flood hazard area, or adjacent to such an area, the preliminary plan shall be accompanied by the following information.[1]
(a)
Cross-sections showing the stream channel, the
projected high-water level of the one-hundred-year storm, the elevation
of the land on both sides of the stream, and the elevation of all
areas proposed as a construction site. One such cross-section shall
be submitted for every 1,000 feet of stream profile, with not less
than three such cross-sections being submitted for each subdivision.
(b)
Contours at two-foot intervals, soil types,
existing land use, and vegetation upstream and downstream from the
subdivision.
(c)
A profile showing the slope of the stream channel
or flow line and extending 1,000 feet upstream and downstream from
the subdivision site.
(2)
If any owner or applicant is uncertain whether a particular
area is within a flood hazard area or not, the engineer retained by
such owner or applicant shall review the site, considering characteristics
which may include historic flood levels and soil types, and shall
provide evidence to the Township supporting the conclusion that the
site of the proposed subdivision, land development, structure, or
structure alteration, is or is not within a flood hazard area.
Q.
Delineation of freshwater wetlands as determined by
an individual qualified to make such determination using the guidelines
of the U.S. Army Corps of Engineers as outlined in the Wetlands Delineation
Manual (publication TRY-87-1, latest edition).
The preliminary plan shall be accompanied by
the following supplementary data, as applicable.
A.
Typical street cross-section drawing(s) for all proposed
streets. Cross-section drawings may be shown on either the preliminary
plan or on separate profile sheets.
B.
Tentative profiles along the top of cartway edge or
along the top of curb (where curbs are to be provided) for both sides
of each proposed street shall be shown. In lieu of the separate profile
sheets, the tentative finished cartway edge or top of curb grades
for both sides of each street may be labeled on the preliminary plan.
Profiles shall show existing and proposed grades at one of the following
sets of scales:
(1)
One inch equals 10 feet horizontal, and one inch equals
one foot vertical.
(2)
One inch equals 20 feet horizontal, and one inch equals
two feet vertical.
(3)
One inch equals 40 feet horizontal, and one inch equals
four feet vertical.
(4)
One inch equals 50 feet horizontal, and one inch equals
five feet vertical.
D.
Preliminary designs of any bridges or culverts which
may be required. Such designs shall meet all applicable requirements
of the Water and Power Resources Board and the Pennsylvania Department
of Transportation. Calculations for waterway opening shall be included.
All designs shall be subject to approval by the Township.
E.
Where a preliminary plan shows the proposed subdivision
of only a portion of the property controlled by the applicant, a sketch
plan shall be required showing the prospective street system through
the remainder of that property so that the street system in the submitted
portion can be considered in relation to potential future connections
with the remaining portion. To prevent undue hardship in the case
of extremely large properties, the Township Planning Commission may,
based on existing natural or man-made features, delimit the area for
which a prospective street system shall be sketched.
F.
Site analysis. The site analysis shall show the complete
boundary of the tract proposed for subdivision or development and
shall show how the proposal will accommodate the existing natural
assets of the tract. Features shown on the site analysis shall include,
as a minimum, the following information.
(1)
Tract boundary with bearings and distances.
(2)
Freshwater wetlands, according to the criteria described
by the most recent edition of U.S. Army Corps of Engineers publication
TRY-87-1, entitled "Wetlands Delineation Manual."
(3)
Man-made or natural watercourses and water bodies,
swales, the one-hundred-year floodplain identified upon the Flood
Insurance Rate Map of the Federal Emergency Management Agency, alluvial
soils, and soils with a seasonal high water table within 18 inches
of the surface.
(4)
Contour lines with a vertical interval of not more
than five feet.
(5)
Steep slope areas: areas with slopes between 15% and
25% and areas with slopes of 25% and greater shall be shown as different
categories.
(6)
Vantage points and vistas.
(7)
Existing tree masses and remarkable solitary trees.
(8)
Existing structures.
(9)
Existing uses on surrounding properties.
(10)
Existing dimensions and conditions of roads
abutting and traversing the tract.
G.
Trust agreement.
(1)
A trust agreement shall be created for any subdivision
or land development which proposes land or facilities to be owned
or used in common by all residents of such subdivision or land development
and not deeded to the Township.
(2)
The trust agreement shall appoint a trustee to own,
operate, manage, and maintain the common property and facilities.
The trustee shall be empowered to make and enforce rules and regulations
concerning the maintenance and use of said common property and facilities.
(3)
The trustee shall be empowered to collect the necessary
funds for the operation of the trust. The trust shall be operated
for the benefit of the owners, tenants, and lawful occupants of the
land and buildings enclosed in the subdivision or land development,
so long as they remain lawful owners or occupants therein.
(4)
The trust agreement document shall contain, as a minimum,
the following elements:
(a)
A statement of the purposes of the trust and
the powers of the trustee;
(b)
A description of all lands and facilities to
be owned or operated by the trust;
(c)
Provisions whereby every owner of property within
the subject land development or subdivision shall be responsible for
his or her fair share of the cost of the trust;
(d)
A description of charges, levies, or sums payable
by the homeowners within the subdivision as well as an explanation
of how such charges are to be determined;
(e)
Where applicable, provisions regulating responsibility
for exterior maintenance and party walls;
(f)
Provisions for the appointment of a substitute
or replacement trustee in the event that the originally named trustee
is unable to perform his functions; and
(g)
A provision stating that the trust shall not
be dissolved without the consent of the governing body of the Township.
(5)
A deed of trust containing declarations, covenants,
conditions, restrictions, rights-of-way, and easements to the trust
lands and facilities much be approved by the Township and recorded
in the office of the Recorder of Deeds for Berks County.
H.
Community association document. Community associations,
including homeowners' associations and condominium associations, may
be permitted at the discretion of the Board of Supervisors in lieu
of a trust.
(1)
A community association document (also known as homeowners'
association document or a condominium association document) and an
informational brochure shall be included with all subdivision and
land development applications which propose the creation of a community
association to administer lands or facilities to be used or owned
in common by all the residents of that subdivision or land development
and not deeded to the Township.
(2)
The community association document shall empower the
association to own and maintain the common property and to make and
enforce rules.
(3)
The document shall be accompanied by a map showing
the precise location of the lands and facilities to owned or operated
by the community association.
(4)
The community association document must contain, but
shall not necessarily be limited to, the elements listed below:
(a)
Description of all lands and facilities to be
owned or operated by the community association.
(b)
Description of how the lands and facilities
of the association will be insured, including limit of liability.
(c)
Acknowledgement that, where the community association
is deemed negligent by the Township in the execution of responsibilities
affecting the health, safety, or welfare of residents, the Township
has the right to intervene and to perform such duties normally reserved
to the community association. The community association shall be billed
by the Township and shall reimburse the Township for all expenses
incurred for such activities.
(d)
Declaration of covenants, conditions, and restrictions,
giving perpetual easement to the lands and facilities owned or operated
by the community association.
(e)
Provision of mandatory membership in the community
association for each homeowner in the subdivision or land development.
(f)
Articles of incorporation.
(g)
Any and all use restrictions, including use
restrictions applicable to utility easements and rights-of-way.
(h)
Where applicable, provisions regulating responsibility
for exterior maintenance and party walls.
(i)
Bylaws for the association governing the functions
of the association and its Board of Directors. A copy of the bylaws
shall be given to each homeowner within the development. The bylaws
shall include, as a minimum, the elements listed below:
[1]
Statements setting forth the powers, duties,
and responsibilities of the community association, including the power
to make and enforce rules, and services to be provided.
[2]
Provision of automatic membership for all homeowners
in the subdivision or land development.
[3]
A description of the process by which members
participate in the association, including meetings, voting, and elections.
[4]
Statements setting cross-covenants or contractual
terms binding each owner to all other owners for mutual benefit and
enforcement.
[5]
Requirement for all homeowners to provide a
pro rata share of the operation cost of the association.
[6]
A process of collection and enforcement to obtain
funds from owners who fail to comply.
[7]
A process for transition of control of the association
from the developer to the homeowners.
[8]
Provisions for the dissolution of the association,
in the event the association ceases to be a viable entity.
(5)
An informational brochure shall be provided to all
homeowners within the subdivision or land development and upon request
to any prospective owner or their agent. The brochure shall include
the information listed below as a minimum.
(a)
A complete description of the lands and facilities
owned or operated by the association.
(b)
A description of the organizational structure
of the association.
(c)
Membership requirements and voting rights of
the homeowners and the developer.
(d)
The current amount (or the initial amount, if
the association is not yet functioning) of the association fee, frequency
of collection, and method by which the fee may be changed.
(e)
Method for enforcement of fee payment.
(f)
A description of services provided by the association.
(g)
A description of the responsibilities of the
individual homeowner insofar as exterior maintenance of structures
and yard areas is concerned.
(h)
A description of any architectural or aesthetic
restrictions.
(6)
The community association shall maintain a current
copy of the community association document and the informational brochure,
and shall make such available upon request to member residents, prospective
residents or their agent(s), and Township officials. The developer
shall bear this responsibility until full control of the association
is assumed by the residents.
I.
Water resources study. Under the conditions specified
by this section, applicants will be required to include a water resources
study as part of the preliminary plan submission.
(2)
The determination of whether a water resources study
is needed shall be made by the Maidencreek Township Water Authority
at the sketch plan phase. Failure to submit a sketch plan shall not
stop the Township from requiring such a study.
(3)
The applicant is strongly encouraged to solicit advice
from the Berks County Conservation District and the Maidencreek Township
Water Authority in order to refine the scope of the water resources
study prior to commencement.
(4)
The water resources study shall be prepared by a qualified
hydrogeologist at the expense of the developer.
(5)
The water resources study shall make determinations
and provide supporting data on the following issues:
(a)
The impact of the proposed development on groundwater
recharge as the result of newly created impervious surfaces or modified
land cover conditions;
(b)
The impact of groundwater pumping, when proposed;
and
(c)
The impact of the proposed development upon
surface water quality and quantity, including suitability for human
consumption, for recreational use, and as a habitat for indigenous
aquatic life.
(6)
The following elements shall be considered essential
to any water resources study. Additional elements may be required
depending upon the conditions of the tract in questions and the type
of development proposed.
(a)
Average rainfall and storm patterns.
(b)
An analysis of the soils and geologic conditions
on the site to establish the degree of groundwater recharge occurring
prior to the proposed development.
(c)
A predevelopment and postdevelopment water budget,
specifying the total volume of water lost to the site as the result
of the creation of new impervious surfaces or of the land cover alteration
on the site. Pumping of groundwater and wastewater disposal methods
must also be evaluated within the water budget.
(d)
An estimation of the effects upon the base flow
of nearby streams, with special attention given to critical low-flow
periods.
(e)
Any special surface water quality issues, including
pollutant-loading analysis using an accepted methodology to address
metals/inorganics, hydrocarbons, suspended solids, nutrients, biological
oxygen demand/chemical oxygen demand, volatile organics, and fecal
coliform.
(7)
For the following types of development, a water resources study shall not be required, except under any condition specified in Subsection I(8).
(a)
Fifteen or fewer single-family detached residences
where each residence will have an individual on-lot sewage disposal
system. Where development is phased, a study shall be required if
the total number of houses in all phases combined is greater than
15.
(b)
Multifamily residential structure(s) with a
total of 15 or fewer units. If at least 75% of the tract proposed
for development consists of soils in hydrologic soil groups C and
D, then no study is required for multifamily residential structure(s)
with a total of 25 or fewer units.
(c)
All nonresidential development on tracts of
less than one acre.
(d)
Nonresidential development on tracts of less
than 10 acres where at least 75% of the tract consists of soils in
hydrologic soil groups C and D.
(8)
A water resources study may be required by the Township under any one of the following conditions, regardless of whether or not the proposed development meets the exemption requirements specified in Subsection I(7) above.
(a)
Where the development proposes the creation
of extensive areas of impervious coverage, thereby reducing recharge
area and increasing the total volume of stormwater runoff.
(b)
Where extensive lawn or other areas of maintained
ground cover are proposed which will result in increased nonpoint
source pollutant loadings.
(c)
Where water supply will be groundwater from
an on-site source and wastewater will be exported to some off-site
stream discharge facility.
A.
The final plan shall be drawn to scale, as required for preliminary plans by § 190-15, above, and shall show all information as required upon such preliminary plans. In addition, the final plan shall include the following information.
(1)
Name of the recorded owner (and subdivider) of the
tract, and the source(s) of title to the land being subdivided, as
shown by the records of the Berks County Recorder of Deeds.
(2)
The total tract boundary lines of the area being subdivided
with accurate distances to hundredths of a foot and bearings to 1/4
of a minute. These boundaries shall be determined by accurate survey
in the field, which shall be balanced and closed with an error of
closure not to exceed one foot in 10,000 feet; provided, however,
that the boundary(ies) adjoining additional unplatted land of the
subdivider (for example, between separately submitted final plan sections)
are not required to be based upon field survey, and may be calculated.
The location and elevation of all boundary line (perimeter) monuments
shall be indicated, along with a statement of the total area of the
property being subdivided. In addition, the engineer or surveyor shall
certify, using the form specified in the appendix, to the accuracy
of the survey, the drawn plan, and the placement of the monuments.
(3)
The name, number, right-of-way lines, and cartway
width of all existing public streets within or adjacent to the property;
also, the name and location of all lanes and private roads within
the property.
(4)
The following data shall be shown for the cartway
edges, right-of-way lines, and, if required, the ultimate right-of-way,
for all existing, recorded (except those to be vacated), and proposed
streets within and abutting the property to be subdivided:
(a)
The length in feet to the nearest 0.01 of a
foot of all straight lines;
(b)
The length in feet to the nearest 0.01 of a
foot of both the radii and arc of all curved lines; also, the central
angle of all arcs in degrees, minutes and seconds; and
(c)
Width in feet to the nearest 0.01 of a foot
of the cartway, the right-of-way, and, if required, the ultimate right-of-way.
(5)
The following data shall be shown for all lot lines,
both existing and proposed:
(a)
The length of all straight lines in feet to
the nearest 0.01 of a foot;
(b)
The measure of all internal angles formed by
existing and/or proposed lot lines in degrees, minutes and seconds.
(c)
The length of arc of all curved lot lines in
feet to the nearest 0.01 of a foot, and the measure of the central
angle of arcs in degrees, minutes and seconds.
(6)
A statement of the intended use of all nonresidential
lots, with reference to restrictions of any type which exist or will
exist as covenants in the deed for the lots contained in the subdivision
and, if covenants are recorded, including the book and page number.
(7)
The required setback line for each lot.
(8)
The location (and elevation, if established) of all
existing and proposed street monuments upon or adjacent to the tract.
(9)
All easements and rights-of-way where provided for
or owned by public services and any limitations which may be thereupon.
Rights-of-way shall be shown and accurately identified on the plan;
easements shall either be shown or specifically described on the plan.
Easements shall be located in cooperation with the appropriate public
utilities.
(10)
Locations, size and invert elevations of all
sanitary and storm sewers, including the location of all manholes,
inlets, and culverts. This data may be submitted as a separate plan.
(11)
If the subdivision proposes a new access to
a state road, the intersection occupancy permit number(s) shall be
indicated for all such intersections.
(12)
A clear sight triangle shall be clearly shown
for all street intersections.
(13)
A certification of ownership, acknowledgement
of plan, and offer of dedication shall be lettered on the plan following
the sample in the appendix, shall be duly acknowledged and signed
by the owner(s) of the property, and shall be notarized.[1]
[1]
Editor's Note: Said certification is included at the end of this chapter.
(14)
A signature block to indicate approval of the
plan by the Township Supervisors and by the Township Planning Commission
shall be lettered on the plan, following the sample in the appendix.
A signature block to indicate approval of the plan by the Municipal
Authority shall be lettered on the plan, following the format specified
by the Municipal Authority pursuant to its resolutions as amended
from time to time.
[Amended 6-19-2003 by Ord. No. 193]
(15)
A blank space measuring 3 1/2 inches by 5 1/2
inches shall be left, preferably adjacent to the signature blocks
of the Township Supervisors, in which the endorsement stamp of the
Berks County Planning Commission may be applied.
(16)
A blank space measuring three inches square
shall be left along the lower edge of the sheet, in order that the
Recorder of Deeds may acknowledge receipt of the plan when it is presented.
B.
The final plan shall be accompanied by the applicable supplementary data required by § 190-16 in addition to profile sheets for all proposed streets within the tract. Such profiles shall show at least the following information, properly labeled.
(1)
Existing (natural) profiles along the center line
of each street and, if slope within cartway area exceeds 5%, along
both cartway edges.
(2)
Proposed finished grade of the center line and proposed
finished grades at the top of both curbs or, where curbs are not required,
both cartway pavement edges.
(3)
The length of all vertical curves.
(4)
Existing and proposed sanitary sewer mains, manholes,
storm sewer mains, inlets, manholes, culverts, and water mains.
If, during the course of construction of required
improvements, change orders are made and implemented, or if a deviation
of any kind is made from the approved final plan, the developer shall
supply to the Township a set of plans for the entire tract showing
all lot lines as deeded and all improvements as actually constructed.
Plans shall be at the same scale as the final plan submitted during
the approval process.
