[Amended 12-1-1992 by Ord. No. 92-13]
The procedures set forth in this article shall be followed by
all applicants.
A.
The separate stages of approval normally require the submission of
preliminary plans and final plans. These plans differ in their purpose
and required level of detail. The tables below indicate the required
plans for the different types of submissions.
|
Plan
|
Lot Line Change
|
Minor Subdivision
|
Major Subdivision
|
Land Development
| |
|---|---|---|---|---|---|
|
Sketch
|
Recommended
|
Recommended
|
Recommended
|
Recommended
| |
|
Preliminary
|
Not required
|
Not required
|
Required
|
Required
| |
|
Final
|
Required
|
Required
|
Required
|
Required
|
B.
All plans and applications shall be submitted to the Township Manager. Plans and applications shall not be deemed submitted until they are accepted by the Township Manager as being in proper form and accompanied by the proper filing fee and any escrow deposit for the cost of the review. Plans and applications shall not be deemed complete and acceptable for filing if any item enumerated in this article as required for such submission is omitted or if the required fee is not submitted with the application. If the submission is incomplete, the Township Manager shall notify the applicant within seven days of receipt of the application, indicating the deficiencies. A fee shall be required for processing and reviewing any preliminary or final plans. The fee shall be paid by the applicant at the time of filing such plans. The fee and escrow schedule for all plans submitted under this chapter shall be adopted by resolution of the Township Board of Supervisors and may be amended from time to time. Escrow deposits shall be submitted for legal, engineering and administrative costs as required by § 440-603. The Township shall have the sole responsibility to forward the plans to other reviewing agencies. Plans are not to be delivered to any reviewing agency by the owner, developer or his agent.
C.
The Township shall render its decision within the ninety-day period
established by the Municipalities Planning Code. The decision shall
be communicated to the applicant not later than 15 days following
the decision and within 90 days following the date of the regular
meeting of the Planning Commission following the date the application
is complete and accepted for filing, provided that, should the said
next regular meeting occur more than 30 days following the filing
of the application, the said ninety-day period shall be measured from
the 30th day following the day the application is complete and accepted
for filing. Said decision shall be sent to the applicant by mail at
the address provided by the applicant on the application form.
D.
When a plan, other than a sketch plan, is rejected, the written communication to the applicant shall cite the provisions of the Zoning Ordinance (Chapter 500), this chapter and the statute with which there has been noncompliance.
E.
The presentation of a preliminary plan and final plan shall each
be a separate submission. The maximum review period authorized by
the Municipalities Planning Code may be required for the preliminary
plan and final plan.
F.
The submission of a revised preliminary or final plan shall constitute
a new and separate submission. A revised plan must be accompanied
by a complete application form, all required information and fees.
With a revised plan, the applicant must submit a written withdrawal
of the previously submitted plan. In the absence of a written withdrawal
of the previously submitted plan, the previously submitted plan shall
be deemed withdrawn when the revised plan is submitted.
G.
The owner of the parcel of land to be subdivided or developed shall
submit a written statement granting the Board of Supervisors, its
authorized agents and representatives, the Planning Commission, and
the representatives of the county and Township departments and agencies
having responsibility for review and/or approval under this chapter
the right to enter the parcel of land for the purpose of inspection
and enforcement of the requirements, terms and conditions imposed
herein.
H.
Preliminary approval of the site plan must be obtained for the entire
proposed development. Final approval may be obtained section by section,
but such development sections shall be specified on the preliminary
plan and must be numbered in the proposed order that they are to be
developed. Such order of development must be adhered to, and if changes
are required, plans must be refiled and reviewed and approved. Approved
plans, however, shall be subject to changes in the Township ordinances
in accordance with the provisions of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
I.
All subdivisions and land developments (both minor and major) shall
be required to submit the appropriate planning module for land development
to Middletown Township at preliminary plan submission (final plan
submission for minor residential subdivisions) for review. The Township
will submit these modules to the Bucks County Department of Health,
Bucks County Planning Commission, and DEP for review to determine
the adequacy of the proposed sewage facilities for development. Approval
of the appropriate sewage-facility-permitting agency (Bucks County
Department of Health and/or DEP) must be received by the Township
prior to preliminary (final for minor residential subdivisions) plan
approval. The applicant is required to follow the policies, procedures
and guidelines promulgated under the Township's official Act 537 sewage
facilities plan (latest revised).
[Amended 12-1-1992 by Ord. No. 92-13; 12-1-1992 by Ord. No. 92-16]
A.
General. Although it is not a prerequisite for approval of a final
plan, an applicant may and is encouraged to submit a sketch plan as
the basis for informal discussion. During the sketch plan procedure,
the applicant can advantageously make use of the services of the Planning
Commission and the Board of Supervisors to help him analyze the problems
of the development and plan more adequately for its sound coordination
with the community. This sketch plan procedure also affords the Planning
Commission and the Board of Supervisors the opportunity to give informal
guidance to the applicant at a stage when potential points of difference
can be more easily resolved. It can also simplify official actions
and save unnecessary expense and delay. A sketch plan is not mandatory
and is not an official plan under the Pennsylvania Municipalities
Planning Code. Time limitations of the Planning Code shall not apply,
and failure to submit recommendations to the applicant within the
time restraints of the Planning Code shall not be considered deemed
approval of the plan.
B.
Purpose.
(1)
The purpose of the sketch plan is to afford the applicant the
opportunity to consult early and informally with both the Middletown
Township and the Bucks County Planning Commissions and the Township
Board of Supervisors before preparation of the preliminary plan and
formal application for approval.
(2)
Sketch plan procedure should be more detailed for residential
performance standard subdivisions than for regular subdivisions. This
is to enable the Township to analyze adequately the proposed plan.
C.
Procedure.
(1)
Applicant prepares sketch plan and application.
(2)
Applicant submits nine copies of the sketch plan, any required
information and an application to the Township Manager.
(4)
The Township Planning Commission shall initially review the
sketch plan submission and advise the applicant how the proposed subdivision
or land development may conform or fail to conform with the requirements
and objectives of this chapter and other applicable ordinances. The
applicant may attend a meeting of the Planning Commission to discuss
the proposal. The Planning Commission may communicate its comments
and recommendations to the applicant by mail at the address provided
on the application by the applicant. Similarly, the Board of Supervisors
may conduct a review and discuss the plan with the applicant if requested.
The review of a sketch plan is advisory only and the opinions expressed
by the members of the Planning Commission and/or Board of Supervisors
during sketch plan review are not binding.
D.
Recommended plan information. The applicant may submit whatever information
is deemed useful; however, to facilitate the fullest possible response
from the Planning Commission, each set of plans shall be folded to
a size which can be accommodated in a legal eight-and-one-half-inch
by fourteen-inch file folder. The applicant is encouraged to submit
the following items:
(1)
Name of the subdivision or land development.
(2)
Name and address of the owner and the applicant.
(3)
Name and address of the engineer, surveyor or architect.
(4)
Zoning district requirements, including parking requirements,
for land developments.
(5)
Tract boundaries.
(6)
North point, date and scale (written and graphic).
(7)
Location map.
(8)
Streets on and adjacent to the tract.
(9)
Significant topographical and physical features.
(10)
Proposed general street layout.
(11)
Proposed general lot layout or building layout with park lots
and open spaces indicated. A sketch stormwater management plan showing
general features and locations of any proposed stormwater management
facilities/techniques.
(12)
Contours based on USGS topography or site survey.
(13)
Tax parcel number(s) of the tract. Additional material suggested
for residential performance standard subdivisions and apartment projects.
(14)
Site plan showing soil conditions, drainageways, vegetative
cover and slopes.
(15)
Indicate size and placement of buildings, number of units, length
and width of sidewalks and drives.
(16)
Detailed plan indicating adjacent properties, types of land
use, and natural features, including forested areas, floodplains,
drainage swales, etc.
(17)
Method for administration and maintenance of open space area.
[Amended 12-1-1992 by Ord. No. 92-13; 12-1-1992 by Ord. No. 92-16; 3-1-1994 by Ord. No. 94-02; 8-16-2000 by Ord. No. 00-09]
A.
General. Preliminary plans are required for all major subdivisions
or land developments in accordance with the procedures, plan requirements,
and design standards set forth in this chapter. The preliminary plan
and all information and procedures related thereto shall in all respects
be in compliance with the provisions of these regulations, except
where variation therefrom may be specifically authorized in writing
by the Board of Supervisors.
B.
Purpose. The purpose of the preliminary plan is to require formal
preliminary approval in order to minimize changes and revisions before
final plans are submitted.
C.
Procedure.
(1)
Applicant prepares preliminary plan and application.
(2)
Applicant submits to the Township Manager the preliminary plan
and application in two forms, as follows: one copy in an electronic
medium acceptable to the Township Engineer and such paper copies as
determined by the Township and pursuant to its then-current schedule
for submission of subdivision and land development plans.
(3)
Copies of the preliminary plan and all required supplemental
data (including permits and review letters from all county, state
and federal agencies) initially shall be submitted to the Township
Manager, together with the required fees and escrow deposit established
in accordance with the current fee schedule adopted by resolution
by the Board of Supervisors.[1] The Township Manager shall note the date of receipt of
the application, fees and escrow deposit. The application shall not
be deemed to be submitted until a complete application, including
a traffic impact study if required, and the required fees and the
required escrow deposit all have been submitted.
[1]
Editor's Note: Township fee schedules are on file in the Township
Building and available to be viewed on the Township's website at www.middletownbucks.org.
(4)
Upon submission of a complete application, together with all
required fees and escrow deposits, the Township Manager shall accept
the application, plans and other required materials as filed and shall
immediately distribute copies of the preliminary plan and application
to:
(a)
Township Board of Supervisors: five copies.
(b)
Township Planning Commission: two copies.
(c)
Bucks County Planning Commission: two copies.
(d)
Township Engineer: one copy.
(e)
Municipal Authority: one copy (if needed).
(f)
Fire Marshal: one copy.
(g)
Police Department: one copy.
(h)
Public Works: one copy.
(i)
Sewer and Water Department: one copy.
(j)
Sewer and Water Engineer: one copy.
(k)
Township Solicitor: one copy.
(l)
Township files: two copies.
(m)
Township Park and Recreation Board: If recreational improvements
or open space areas are involved, an extra copy shall be required
and submitted.
(n)
Pennsylvania Department of Transportation: If state roads are
involved, an extra copy shall be required and submitted.
(o)
Historic Preservation Commission: one copy.
(6)
Following receipt of the complete submission to the Township
Manager, the Middletown Township Planning Commission:
(a)
Receives and reviews the applicant's submission and the reports
submitted from all applicable reviewing agencies;
(b)
Discusses submission with the applicant, if requested by the
applicant;
(c)
Evaluates applicant's submission, presentation, discussion with
applicant and reviewing agencies' reports;
(d)
Determines whether the preliminary plan meets the objectives
and requirements of this chapter and other ordinances; and
(e)
Prepares a written report recommending approval or disapproval
of the preliminary plan for use by the Board of Supervisors.
(7)
Guidelines for submission of plans to the Board of Supervisors.
(a)
Prior to submitting plans to the Board of Supervisors, the applicant shall make all revisions to the plan based on the review and discussion of the Planning Commission. The submission of the revised plan shall constitute a new and separate submission and will be regulated under the requirements of § 440-301F. The applicant shall submit all revised plans to the Planning Commission, and the Planning Commission shall review all revised plans prior to submission to the Board of Supervisors.
(b)
The Planning Commission may submit a report to the Board of
Supervisors which recommends that the application be approved with
conditions. The Planning Commission shall recommend denial of plans
which would not comply with the Township's ordinances.
(c)
When an applicant requests a modification by the Board of Supervisors
of a requirement of this chapter, the applicant shall submit such
request, in writing, to the Planning Commission for review and comment.
The applicant shall also indicate the reason or purpose for the request.
In the Planning Commission's report to the Board of Supervisors on
the subdivision or land development plan, the Planning Commission
shall provide a recommendation for approval or denial of each requested
modification and the rationale for each recommendation.
(8)
Following receipt of the Township Planning Commission's report and within 90 days following the receipt of the applicant's complete submission, as indicated in § 440-301C, the Board of Supervisors shall:
(a)
Review and evaluate applicant's submission.
(b)
Review and evaluate all reports received from applicable reviewing
agencies.
(c)
Listen to applicant's presentation, if requested, and discuss
the project with applicant, if requested.
(d)
Determine whether the preliminary plan meets the objectives
and requirements of this chapter and other ordinances.
(9)
Approval of the preliminary plan shall not constitute approval
of the final plan or authorize the sale of lots or construction of
buildings.
(10)
Whenever the approval of a preliminary plan is subject to conditions,
the written action of the Board as prescribed herein shall:
(11)
Failure of the Board of Supervisors to render a decision and
communicate it to the applicant within the time and manner required
shall be deemed an approval of the application in terms as presented
unless the applicant has agreed in writing to an extension of time
or change in prescribed manner of presentation of communication of
the decision, in which case, failure to meet the extended time or
change will have a like effect.
(12)
If disapproved, the Board of Supervisors shall state the reasons
for the action, citing specific sections in the applicable ordinances
which the plan failed to meet. The applicant may file a revised preliminary
plan with the Township Manager.
D.
Required plan information. The preliminary plan shall show or be
accompanied by the following information:
(1)
Drafting standards.
(a)
Plans shall be drawn on sheets no larger than 36 inches by 48
inches. All sheets comprising a submission shall be on one size. Sheets
should be large enough to clearly show all required features but at
a scale not less than one inch equals 100 feet.
(b)
Each set of plans shall be folded to a size which can be accommodated
in a legal (8 1/2 inches by 14 inches) file folder.
(c)
The submission shall include a copy of the site plan for the
entire property on a single sheet at an appropriate scale that will
fit the maximum sheet size submitted.
(d)
Dimensions shall be in feet and decimal parts thereof and bearings
in degrees, minutes and seconds.
(e)
Each sheet shall be numbered and shall show its relationship
to the total number of sheets.
(f)
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 presently
proposed features.
(g)
The plan shall be so prepared and bear an adequate legend to
indicate clearly which features are existing and which are proposed.
(2)
General information.
(a)
Name of the subdivision or land development.
(b)
Name and address of the record and/or equitable owner.
(c)
Name and address of the engineer, surveyor or architect responsible
for the plan.
(d)
Present zoning classification with district requirements.
(e)
Total acreage of the tract.
(f)
Date, North point, and scale (written and graphic).
(g)
A location map for the purpose of locating the site to be subdivided
or developed, at a scale of not less than 800 feet to the inch, showing
the relation of the tract to adjoining property and to all streets,
roads and Township boundaries existing within 1,000 feet of any part
of the property proposed to be subdivided or developed.
(h)
Tax parcel number(s) of the tract.
(i)
Written report, including the following information:
[1]
General description of project.
[2]
General description of proposed stormwater management controls
and facilities both during and after development.
[3]
General description of erosion and sedimentation controls, including
those contained in any required erosion and sedimentation control
plan.
[4]
Expected project time schedule, including anticipated start
and completion dates.
(3)
Existing features.
(a)
Complete outline survey of the property to be subdivided or
developed, showing all courses, distances and areas, and tie-ins to
all adjacent street intersections, with existing monuments indicated.
(b)
The names of owners, tax parcel numbers and zoning classification
of land immediately adjacent or across from the subject tract.
(c)
Site boundaries with the layout and dimension of lots.
[1]
In the case of mobile home parks, the placement, location and
number of mobile home lots and mobile home pads on a layout map of
the parcel.
[2]
The arrangement of buildings and parking areas in commercial,
multifamily and mobile home parks developments, with all necessary
dimensions noted on the plan.
(d)
All existing highways, streets and roads on or adjacent to any
part of the tract, including name, right-of-way width (existing and
future) and cartway width, are required to be shown on the plan. An
aerial photograph must be submitted showing these features within
200 feet of the tract. If requested, the Township Engineer may require
these features to be shown on the plan within 200 feet of the tract
in addition to the aerial photograph.
[Amended 5-29-2007 by Ord. No. 07-07]
(e)
All existing buildings and their uses, bodies of water (including
streams, lakes and ponds), wetlands and marsh areas, sewers, culverts,
petroleum or petroleum product lines, gas lines, electric and telephone
lines, fire hydrants, all other utilities and other significant man-made
features on or immediately adjacent to the tract must be shown on
the plan. If requested, the Township Engineer may require these features
to be shown on the plan within 200 feet of the tract.
[Amended 5-29-2007 by Ord. No. 07-07]
(f)
Pursuant to Act 287 of 1974, 73 P.S. § 176 et seq.,
the location, size and ownership of all underground utilities and
any rights-of-way within the property.
(g)
Appropriate contours at two- to five-foot intervals with sufficient
details to show the course, structure and capacity of all drainage
facilities and the method of drainage of the adjacent or contiguous
territory. All ground contours shall be taken from United States Coast
and Geodetic Survey bench marks and run direct to the degree that
the actual elevations of the spot points or contours shall be the
exact elevations above United States Coast and Geodetic Survey datum.
(i)
The boundaries of the various soil types and identification
keys as indicated in the Soil Survey of Bucks and Philadelphia Counties,
Pennsylvania, with a description of each soil type and limitations
of the soils for on-site sewage disposal, buildings with basements,
streets and parking lots.
(j)
Stormwater management district boundaries applicable to the
site.
[1]
Plans and profiles of proposed stormwater management facilities,
including horizontal and vertical locations, size and type of material.
This information shall be of the quality required for the construction
of all facilities and include all calculations, assumptions and criteria
used in the design of the facilities; a schedule for installation
of such facilities; and a proposed schedule of inspections which will
be performed by the applicant's engineer or designee in company with
the Township Engineer or designee.
[2]
The locations of septic tank infiltration areas and wells when
infiltration methods such as cisterns, seepage beds or trenches or
infiltration basins are used. Also, soil percolation tests and submission
of the percolation data and test locations to substantiate percolation
rates used in the drainage calculations to show necessary soil percolation
rates for use of on-site infiltration facilities [(f) = 0.20 inches/hours].
[3]
Plans and profiles of all erosion and sedimentation control
measures, temporary as well as permanent, including all calculations,
assumptions and criteria used in designing the controls, and a schedule
for their implementation.
(4)
Proposed layout.
(a)
The layout of streets, including name and width of cartways
and rights-of-way, alleys and crosswalks and sidewalks.
(b)
The layout and approximate dimensions of lots, with lots numbered
consecutively.
(c)
The arrangement of buildings and parking areas in commercial,
office, institutional and multifamily developments, with all necessary
dimensions noted on the plan and including the location of:
(e)
Landscape plan with plant list and proposed contours. The landscape
plan shall be reviewed and approved by the Middletown Township Arbor
Commission.
(f)
A reference to any land dedicated for public use or offered
for dedication for parks, recreation areas, schools, widening of streets
or other public uses.
(g)
For multifamily developments, the total area, total dwelling units, number of buildings, proposed density, total parking spaces, building coverage and the bedroom ratio, and other requirements of the Zoning Ordinance (Chapter 500).
(h)
For subdivision, the total area, number of lots, average and
minimum lot size, and proposed length of new streets.
(i)
Location and size of storm drains, sanitary sewers, culverts,
watercourses and all appurtenances thereof, on-site sewage disposal
facilities, gas mains, water mains, fire hydrants, streetlights, planting,
special structures, and other underground conduits or structures.
(j)
An indication of any lots in which other than a residential
use is intended.
(k)
Rights-of-way and/or easements proposed to be created for all
drainage purposes, utilities or other pertinent reasons.
(l)
Tentative typical cross sections and center-line profiles for
each proposed street shown on the preliminary plan. These plans may
be submitted as separate sheets.
(m)
Where the preliminary plan covers only a part of the owner's
entire holding, a sketch shall be submitted of the perspective street
layout for the remainder.
(n)
The words "preliminary plan - not to be recorded" shall be shown
on the plan.
(5)
Proposed layout for condominium conversions. In addition to
the above information, the plan shall indicate the location of each
unit to be converted to individual ownership.
(6)
Soil erosion and sedimentation control plan and stormwater management
plan for the construction phase of the project.
(7)
Transportation impact study.
(a)
Applicability.
[1]
A transportation impact study shall be submitted as part of
the preliminary plan application for all subdivisions and/or land
developments that meet one or more of the following criteria:
[2]
The preliminary plan application for those subdivisions and/or
land developments meeting one or more of the aforesaid criteria shall
not be complete until the transportation impact study is submitted
to the Township Manager in accordance with the provisions of this
section.
[3]
The Middletown Township Planning Commission, at its discretion,
may require that the preliminary plan application for any other subdivision
or land development be accompanied by a transportation impact study;
provided, however, that the Planning Commission notifies the applicant
of such a requirement immediately following the Planning Commission's
first meeting to consider the proposal. Such a notification shall
specify the reason for the requirement, citing the proposal's particular
location or existing problems or type of use (i.e., generation of
heavy truck traffic). The transportation impact study shall be submitted
to the Township Manager within 30 days of the date of said notification.
(b)
LEVEL OF SERVICE
MAJOR INTERSECTION
PUBLIC TRANSPORTATION
STUDY AREA
TRIP GENERATION RATES
VOLUME/CAPACITY ANALYSIS
WARRANTS FOR TRAFFIC SIGNAL INSTALLATION
Definitions. The following words and phrases shall have, for
the purpose of this chapter, the meaning hereinbelow indicated:
As described in the 1985 Highway Capacity Manual, indicates
how well traffic moves on a particular highway facility or through
a specific intersection. There are six levels of servicing ranging
from A through F. Level of Service A indicates generally free movement.
Level of Service E represents maximum capacity of the facility. Level
F indicates congestion. Level of Service C is considered the design
level of service, representing a stable traffic flow and a relatively
satisfactory travel speed.
Any intersection where traffic generated by the proposal
will have a significant impact on the operation of the intersection.
Where doubt exists, the transportation engineer shall seek guidance
from the Middletown Township Manager prior to the submission of the
traffic impact study.
Transportation service for the general public provided by
a common carrier of passengers generally on a regular route basis
by the Southeastern Pennsylvania Transportation Authority or a private
operator offering service to the public.
This area will extend approximately 1/2 mile along the adjacent
roadway in both directions from all access points or to a major intersection
along these roadways. Where doubt exists, the transportation engineer
shall seek guidance from Middletown Township prior to the submission
of the traffic impact study.
The total count of trips to and from a study site per unit
of land use, as measured by parameters like dwelling units, acres,
etc.
This procedure compares the volume of a roadway or intersection
approach to its capacity (maximum number of vehicles that can pass
a given point during a given time period). The procedures described
in the 1985 Highway Capacity Manual, Highway Research Board Special
Report 87, as outlined in the PennDOT Design Manual, Volume 2, shall
be followed.
This is a series of eight warrants which detail the minimum
traffic or pedestrian volumes or other criteria necessary for the
installation of a traffic signal. These warrants are contained in
the Manual on Uniform Traffic Control Devices for Streets and Highways,
United States Department of Transportation, Federal Highway Administration,
1971.
(c)
Conduct of transportation impact study. The transportation impact
study shall be prepared by a qualified traffic engineer and/or planner.
(d)
General requirements and standards. A transportation impact
study shall contain 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 socioeconomic 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. 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 intersection
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 radius at all access points to allow a bus to enter
the development. Bus shelter and sign locations shall be designated
where appropriate. 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 and from the Pennsylvania
Department of Transportation. Any proposed roadway improvements due
to proposed surrounding developments shall be recorded.
[3]
Existing traffic conditions. Existing traffic conditions shall
be measured and documented for all roadways and intersections in the
study area. Existing traffic volumes for average daily traffic, peak
highway hour(s) traffic, and peak development-generated hour(s) traffic
shall be recorded. Manual traffic counts at 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 highway 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. This analysis
will determine the adequacy of the existing roadway system to serve
the current traffic demand. Roadways and/or intersections experiencing
Level 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 the average
daily peak highway hour(s) and peak development-generated hour(s).
Vehicular trip generation rates to be used for this calculation shall
be obtained from the Institute of Transportation Engineers Trip Generation
Manual (1987, as amended). These development-generated traffic movements,
as estimated, and the reference source(s) and methodology followed
shall be documented. All turning movements shall be calculated. These
generated volumes shall be distributed to the study area and assigned
to the existing roadways 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 individual
access points. Pedestrian volumes shall 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
particular trip generation problems shall be noted.
[5]
Analysis of transportation impact.
[a]
The total future traffic demand shall be calculated.
This demand shall consist of the combination of the existing traffic
expanded to the completion year (using an annual traffic rate of 5%),
the development-generated traffic, and the traffic generated by other
proposed developments in the study area. A second volume/capacity
analysis shall 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 during the peak highway hour(s) and
peak development-generated hour(s) for all roadways and major intersections
in the study area. Volume/capacity calculations shall be completed
for all major intersections. It is usually at these locations that
capacity is most restricted.
[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.
[6]
Conclusions and recommended improvements.
[a]
Levels of service for all roadways and intersections
shall be listed. All roadways 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 roadway and intersection design and improvements,
traffic signal installation and operation, including signal timing,
and transit design improvements. All physical roadway improvements
shall be shown in sketches.
[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. An analysis based on the guidelines
contained in the Bucks County Public Transportation Study Phase I
Report shall be undertaken to indicate whether or not future public
transportation service should be provided to the development.
[c]
The listing of recommended improvements for both
roadways 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.
(e)
Implementation and PennDOT submission.
[1]
The Middletown Township Planning Commission, the Bucks County
Planning Commission, the Township Police Department, and the Board
of Supervisors shall review the transportation impact study to analyze
its adequacy in solving any traffic problems that will occur due to
the subdivision or land development. The Board of Supervisors may
decide that certain improvements on or adjacent to the site are mandatory
for plan approval and may attach these conditions to the approval
if the Township concludes that additional improvements are necessary;
the developer shall have the opportunity to resubmit alternative improvement
designs for approval.
[2]
Improvement plans shall not be submitted to PennDOT until the
plans have been reviewed by the Middletown Township Planning Commission
and the Bucks County Planning Commission and approved by the Board
of Supervisors. This submittal to PennDOT shall be accompanied by
the comments of the Township and the County Planning Commissions.
[Amended 12-1-1992 by Ord. No. 92-13; 12-1-1992 by Ord. No. 92-16; 3-1-1994 by Ord. No. 94-02; 8-16-2000 by Ord. No. 00-09]
A.
General. A final plan shall be submitted conforming to the changes
agreed to during the preliminary plan procedure. The final plan and
all information and procedures relating thereto shall in all respects
be in compliance with this chapter, except where variation therefrom
may be specifically indicated in writing by the Board of Supervisors.
B.
Purpose. The purpose of the final plan is to ensure formal approval
by the Board of Supervisors before plans for all subdivisions and
land developments are recorded as required by this chapter.
C.
Procedure.
(1)
Applicant submits to the Township Manager the final plan and
application in two forms, as follows: one copy in an electronic medium
acceptable to the Township Engineer and such paper copies as determined
by the Township and pursuant to its then-current schedule for submission
of subdivision and land development plans, along with necessary permits
and letters of approval from the reviewing agencies, within one year
from the date of receiving approval or conditional approval of the
preliminary plan.
(2)
Copies of the final plan and all required information shall
be submitted to the Township Manager together with any required fees
and escrow deposit.
(a)
If no preliminary plan has been filed, a deposit and fee as
required in accordance with the current fee schedule adopted by resolution
of the Board of Supervisors shall be paid upon the submission of the
complete final plan to the Township Manager.
(b)
If the final plan is submitted more than one year after receiving
approval or conditional approval of the preliminary plan as required,
an additional review fee shall be paid in accordance with the fee
schedule adopted by the Board of Supervisors. An additional escrow
deposit is not required, unless the total deposit with the Township
is less than that required in accordance with the current fee schedule.
(3)
Township Manager shall immediately distribute copies of the
final plan and application to:
(a)
Township Board of Supervisors: five copies.
(b)
Township Planning Commission: two copies.
(c)
Bucks County Planning Commission: two copies.
(d)
Township Engineer: one copy.
(e)
Sewer and Water Engineer: one copy.
(f)
Sewer and Water Department: one copy.
(g)
Township files: two copies.
(h)
Fire Marshal: one copy.
(5)
Following receipt of the complete submission to the Township
Manager, the Middletown Township Planning Commission:
(a)
Receives and reviews the applicant's submission and the reports
from all applicable reviewing agencies;
(b)
Discusses submission with the applicant, if requested by the
applicant;
(c)
Evaluates applicant's submission, presentation, discussion with
applicant and the reviewing agencies' reports;
(d)
Determines whether the final plan meets the objectives and requirements
of this chapter and other ordinances; determines if the final plan
is consistent with the approved preliminary plan; and
(e)
Prepares a written report on the project for use by the Board
of Supervisors.
(6)
Following receipt of the Township Planning Commission's report and within 90 days following the receipt of the applicant's complete submission, as indicated in § 440-301C, the Board of Supervisors shall:
(a)
Review and evaluate the applicant's submission.
(b)
Review and evaluate all reports submitted from all applicable
reviewing agencies.
(c)
Listen to applicant's presentation and discuss project with
the applicant, if requested.
(d)
Determine whether the final plan meets the objectives and requirements
of this chapter and other ordinances or, where preceded by an approved
preliminary plan, determine whether the final plan is in accordance
with its terms and conditions as approved.
(e)
Inform the applicant in writing of the decision and the reasons
for the decision not later than 15 days following the decision and
within the ninety-day review period established by the Municipalities
Planning Code. A plan shall not be approved if any changes are required.
(7)
If the final plan is approved, the Board of Supervisors shall
adopt same by resolution or motion.
(a)
Approval shall not be final until entry into contract and production of completion guarantees as set forth in § 440-606.
(b)
Eight exact copies of the approved final plan shall be submitted to the Board of Supervisors. Two copies shall be on linen with the signatures of the required agencies as specified in § 440-301. Six copies of the complete submission shall be on paper for distribution to the various reviewing agencies.
(8)
Failure of the Board of Supervisors to render a decision and
communicate it to the applicant within the time and manner required
shall be deemed an approval of the application in terms as presented,
unless the applicant has agreed in writing to an extension of time
or change in prescribed manner of presentation of communication of
the decision, in which case, failure to meet the extended time or
change will have a like effect.
(9)
If disapproved, the Board of Supervisors shall state the reasons
for this action, citing specific sections in the applicable ordinances
which the plan failed to meet, and where the final plan is preceded
by an approved preliminary plan, the Board shall specify how it fails
to meet the terms of preliminary approval. The applicant may file
a revised final plan with the Township Manager.
D.
Required plan information. The final plan shall show or be accompanied
by the following information:
(1)
Drafting standards.
(a)
Plans shall be drawn on sheets no larger than 36 inches by 48
inches. All sheets comprising a submission shall be on one size. Sheets
should be large enough to clearly show all required features but at
a scale not less than one inch equals 100 feet. The plan shall be
a clear and legible white paper print.
(b)
Each set of plans shall be folded to a size which can be accommodated
in a legal (8 1/2 inches by 14 inches) file folder.
(c)
The submission shall include a copy of the site plan for the
entire property on a single sheet at an appropriate scale that will
fit the maximum sheet size submitted.
(d)
Dimensions shall be in feet and decimal parts thereof and bearings
in degrees, minutes and seconds.
(e)
Each sheet shall be numbered and shall show its relationship
to the total number of sheets.
(f)
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 presently
proposed features.
(g)
The plan shall be so prepared and bear an adequate legend to
indicate clearly which features are existing and which are proposed.
(2)
General information.
(a)
Name of the subdivision or land development.
(b)
Name and address of the record and/or equitable owner.
(c)
Name and address of the engineer, surveyor or architect responsible
for the plan.
(d)
Present zoning classification with district requirements.
(e)
Total acreage of the tract.
(f)
Date, North point, and scale (written and graphic).
(g)
A location map for the purpose of locating the site to be subdivided
or developed, at a scale of not less than 800 feet to the inch, showing
the relation of the tract to adjoining property and to all streets,
roads and Township boundaries existing within 1,000 feet of any part
of the property proposed to be subdivided or developed.
(h)
Tax parcel number(s) of the tract.
(3)
Existing features.
(a)
Complete outline survey of the property to be subdivided or
developed, showing all courses, distances and area and tie-ins to
all adjacent street intersections, with existing monuments indicated.
(b)
The names of owners, tax parcel members and zoning classification
of land immediately adjacent or across from the subject tract.
(c)
Site boundaries with the layout and dimension of lots.
[1]
In the case of mobile home parks, the placement, location and
number of mobile home lots and mobile home pads on a layout map of
the parcel.
[2]
The arrangement of buildings and parking areas in commercial,
multifamily and mobile home park developments with all necessary dimensions
noted on the plan.
(d)
All existing highways, streets and roads on or adjacent to any
part of the tract, including name, right-of-way width (existing and
future) and cartway width, are required to be shown on the plan. An
aerial photograph must be submitted showing these features within
200 feet of the tract. If requested, the Township Engineer may require
these features to be shown on the plan within 200 feet of the tract
in addition to the aerial photograph.
[Amended 5-29-2007 by Ord. No. 07-07]
(e)
All existing buildings and their uses, bodies of water (including
streams, lakes and ponds), wetlands and marsh areas, sewers, culverts,
petroleum or petroleum product lines, gas lines, electric and telephone
lines, fire hydrants, all other utilities and other significant man-made
features on or immediately adjacent to the tract must be shown on
the plan. If requested, the Township Engineer may require these features
to be shown on the plan within 200 feet of the tract.
[Amended 5-29-2007 by Ord. No. 07-07]
(f)
Pursuant to Act 287 of 1974, the location, size and ownership
of all underground utilities, and any rights-of-way within the property.
(g)
Appropriate contours at two- to five-foot intervals with sufficient
details to show the course, structure and capacity of all drainage
facilities and the method of drainage of the adjacent or contiguous
territory. All ground contours shall be taken from United States Coast
and Geodetic Survey bench marks and run direct to the degree that
the actual elevations of the spot points or contours shall be the
exact elevations above United States Coast and Geodetic Survey datum.
(i)
The boundaries of the various soil types and identification
key as indicated in the Soil Survey of Bucks and Philadelphia Counties,
Pennsylvania, with a description of each soil type and limitations
of the soils for on-site sewage disposal, buildings with basements,
streets and parking lots.
(j)
Stormwater management district boundaries applicable to the
site.
(4)
Proposed layout.
(a)
The layout of streets, including name and width of cartways
and rights-of-way, alleys and crosswalks and sidewalks.
(b)
The layout and dimensions of lots, with lots numbered consecutively.
(c)
The arrangement of buildings and parking areas in commercial,
office, institutional and multifamily developments with all necessary
dimensions noted on the plan, and including the location of:
(f)
For multifamily developments, the total area, total dwelling units, number of buildings, proposed density, total parking spaces, building coverage and the bedroom ratio and other requirements of the Zoning Ordinance (Chapter 500).
(g)
For subdivision, the total area, number of lots, average and
minimum lot size, and proposed length of new streets.
(h)
Location and size of storm drains, sanitary sewers, culverts,
watercourses and all appurtenances thereof, on-site sewage disposal
facilities, gas mains, water mains, fire hydrants, streetlights, planting,
special structures, and other underground conduits or structures.
(i)
An indication of any lots in which other than a residential
use is intended.
(j)
Rights-of-way and/or easements proposed to be created for all
drainage purposes, utilities or other pertinent reasons.
(k)
Final typical cross sections and center-line profiles for each
proposed street shown on the final plan. These plans may be submitted
as separate sheets.
(l)
Accurate locations of all monuments, one to be placed at each
change in direction of boundary; two to be placed at each street intersection
and one on one side of each street at angle points and at the beginning
and at their end, and areas to be conveyed for public use shall be
fully monumented at their external boundaries.
(m)
If water is to be provided by means other than private wells
owned and maintained by the individual owners of lots within the subdivision
or development, applicants shall present evidence to the Board of
Supervisors that the subdivision is to be supplied by a certified
public utility, a bona fide cooperative association of lot owners,
or by a municipal corporation, authority or utility. A copy of a Certificate
of Public Convenience from the Pennsylvania Public Utility Commission
or an application for such certificate, a cooperative agreement or
a commitment or agreement to serve the area in question, whichever
is appropriate, shall be acceptable.
(n)
For any plan for which on-site sewage disposal is proposed,
the plan shall contain a title block as follows, signed by an authorized
agent of the Bucks County Department of Health:
|
OBSERVATIONS OF DEEP TEST HOLES AND PERCOLATION TESTS ON ALL
LOTS HAVE BEEN CONDUCTED BY THE BUCKS COUNTY DEPARTMENT OF HEALTH
AND IT HAS BEEN DETERMINED THAT 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 of Bucks County Health Department Agent)
| |
|
(Title)
|
(5)
Proposed layout for condominium conversions. In addition to
the above information, the plan shall indicate the location of each
unit to be converted to individual ownership.
(6)
Soil erosion and sedimentation control plan and stormwater management
plan for the construction phase of the project. This includes a description
of the program, in a recordable form, that clearly sets forth the
ownership and maintenance responsibility for all temporary and permanent
stormwater management facilities, including the following:
(a)
Description of the method and extent of any maintenance requirements.
(b)
When maintained by a private entity, identification of a responsible
individual, corporation, association or other entity for ownership
and maintenance must be provided as a matter of record. Deed covenants
and restrictions must be submitted to provide for maintenance by this
entity.
(c)
When maintained by a private entity, a copy of the legally binding
document shall be created which provides that Middletown Township
shall have the right to:
[1]
Inspect the facilities at any time.
[2]
Require the private entity to take corrective measures and assign
the private entity reasonable time periods for any necessary action.
[3]
Authorize maintenance to be done, and lien the cost of the work
against the properties of the private entity responsible for maintenance.
(d)
Where the stormwater management plan proposes that Middletown
Township own or maintain the facilities, a description of the methods,
procedures and extent to which any facilities will require scheduled
maintenance shall be turned over to the Township.
(e)
Prior to approval of the final subdivision and land development plan and stormwater management plan, the Township shall require financial security as a performance guarantee for stormwater management control facilities during the construction period and prior to the transfer of ownership of the affected property to the Township or other approved entity in accordance with Article VI, Administration, of this chapter.
(f)
When a stormwater management plan is submitted in sections,
a generalized stormwater management plan for the entire project site
shall be submitted in addition to the detailed stormwater management
plan for the proposed section. This generalized plan shall demonstrate
how the stormwater management of the proposed section will relate
to the entire development. If temporary facilities are required for
construction of a section, such facilities shall be included in the
submitted stormwater management plan.
(7)
Additional materials required for residential performance standard
subdivisions:
(a)
All open spaces shall be so identified, and their proposed use
level of maintenance specified.
(b)
A plan for planting is required for open space; this plan shall
show the location for all existing trees greater than twelve-inch
caliper. All new planting shall indicate species and size.
(c)
A table showing open space ratio, density and impervious surface
ratio.
[Amended 12-1-1992 by Ord. No. 92-13; 8-16-2000 by Ord. No. 00-09]
A.
General. The provisions of this section shall not apply to any subdivision which does not meet the qualifying criteria set forth in the definition of "subdivision" in § 440-202.
B.
Purpose. The purpose of this section is to provide a simplified procedure
by which minor subdivisions may be submitted and approved.
C.
Procedure.
(1)
Applicant prepares final plan and application.
(2)
Applicant submits to the Township Manager the final plan and
application in two forms: one copy in an electronic medium acceptable
to the Township Engineer and such paper copies as determined by the
Township and pursuant to its then-current schedule for submission
of subdivision and land development plans.
(3)
Copies of the final plan and all required supplemental data
initially shall be submitted to the Township Manager, together with
the required fees and escrow deposit established in accordance with
the current fee schedule adopted by resolution by the Board of Supervisors.[1] The Township Manager shall note the date of receipt of
the application, fees and escrow deposit. The application shall not
be deemed to be submitted until a complete application and required
fees have been submitted.
[1]
Editor's Note: Township fee schedules are on file in the Township
Building and available to be viewed on the Township's website at www.middletownbucks.org.
(4)
Upon submission of a complete application, together with all
required fees and escrow deposits, the Township Manager shall accept
the application, plans and other required materials as filed and shall
immediately distribute copies of the final plan and application to:
(5)
Following receipt of the complete submission, the Middletown
Township Planning Commission:
(a)
Receives and reviews the applicant's submission and the reports
from all applicable agencies.
(b)
Discusses submission with the applicant, if requested by the
applicant.
(c)
Evaluates the applicant's submission, presentation, discussion
with applicant and reviewing agencies' reports.
(d)
Determines whether the final plan meets the objectives and requirements
of this chapter and other ordinances.
(e)
Prepares a written report recommending approval or disapproval
of the final plan for use by the Board of Supervisors.
(6)
Following receipt of the Township Planning Commission's report and within 90 days following the receipt of the applicant's complete submission, as indicated in § 440-301C, the Board of Supervisors shall:
(a)
Review and evaluate applicant's submission.
(b)
Review and evaluate reports from all applicable reviewing agencies.
(c)
Listen to the applicant's presentation and discuss the project
with the applicant, if requested.
(d)
Determine whether the final plan meets the objectives and requirements
of this chapter and other ordinances.
(e)
Inform the applicant in writing of the decision and the reasons
for the decision not later than 15 days following the decision and
within the ninety-day review period established by the Municipalities
Planning Code.
(7)
If the final plan is approved, the Board of Supervisors shall
adopt same by resolution or motion.
(a)
No plat which proposes sewage disposal by means of a public
sewer system shall be approved until it has been established through
written documentation that service and capacity are available in the
sewerage system being considered for service.
(b)
Five exact copies of the approved final plan shall be submitted to the Board of Supervisors. Two copies shall be on linen with the signatures of the required agencies as specified in § 440-311. Three copies of the complete submission shall be on paper for distribution to the various reviewing agencies.
(8)
If disapproved, the Board of Supervisors shall state the reasons
for this action, citing specific sections in the applicable ordinances
which the plan failed to meet. The applicant may file a revised minor
subdivision plan with the Township Manager.
D.
Required plan information. The final plan shall show or be accompanied
by the following information:
(1)
Drafting standards.
(a)
Plans shall be drawn on sheets no larger than 36 inches by 48
inches. All sheets comprising a submission shall be on one size. Sheets
should be large enough to clearly show all required features but at
a scale not less than one inch equals 100 feet. The plan shall be
a clear and legible white paper print.
(b)
Each set of plans shall be folded to a size which can be accommodated
in a legal (8 1/2 inches by 14 inches) file folder.
(c)
The submission shall include a copy of the site plan for the
entire property on a single sheet at an appropriate scale that will
fit the maximum sheet size submitted.
(d)
Dimensions shall be in feet and decimal parts thereof and bearings
in degrees, minutes and seconds.
(e)
Each sheet shall be numbered and shall show its relationship
to the total number of sheets.
(f)
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 presently
proposed features.
(g)
The plan shall be so prepared and bear an adequate legend to
indicate clearly which features are existing and which are proposed.
(2)
General information.
(a)
Name of the subdivision.
(b)
Name and address of the record and/or equitable owner.
(c)
Name and address of the engineer, surveyor or architect responsible
for the plan.
(d)
Present zoning classification with district requirements.
(e)
Total acreage of the tract.
(f)
Date, North point, and scale (written and graphic).
(g)
A location map for the purpose of locating the site to be subdivided,
at a scale of not less than 800 feet to the inch, showing the relation
of the tract to adjoining property and to all streets, roads and Township
boundaries existing within 1,000 feet of any part of the property
proposed to be subdivided.
(h)
Tax parcel number(s) of the tract.
(3)
Existing features.
(a)
Complete outline survey of the property to be subdivided, showing
all courses, distances and area and tie-ins to all adjacent street
intersections, with existing monuments indicated.
(b)
The names of owners, tax parcel numbers and zoning classification
of land immediately adjacent or across from the subject tract.
(c)
Site boundaries with the layout and dimension of lots.
(d)
All existing highways, streets and roads on or adjacent to any
part of the tract, including name, right-of-way width (existing and
future) and cartway width, are required to be shown on the plan. An
aerial photograph must be submitted showing these features within
200 feet of the tract. If requested, the Township Engineer may require
these features to be shown on the plan within 200 feet of the tract
in addition to the aerial photograph.
[Amended 5-29-2007 by Ord. No. 07-07]
(e)
All existing buildings and their uses, bodies of water (including
streams, lakes and ponds), wetlands and marsh areas, sewers, culverts,
petroleum or petroleum product lines, gas lines, electric and telephone
lines, fire hydrants, all other utilities and other significant man-made
features on or immediately adjacent to the tract must be shown on
the plan. If requested, the Township Engineer may require these features
to be shown on the plan within 200 feet of the tract.
[Amended 5-29-2007 by Ord. No. 07-07]
(f)
Pursuant to Act 287 of 1974, 73 P.S. § 176 et seq.,
the location, size, and ownership of all underground utilities and
any rights-of-way within the property.
(g)
Appropriate contours at two- to five-foot intervals with sufficient
details to show the course, structure and capacity of all drainage
facilities and the method of drainage of the adjacent or contiguous
territory. All ground contours shall be taken from United States Coast
and Geodetic Survey bench marks and run direct to the degree that
the actual elevations of the spot points or contours shall be the
exact elevations above United States Coast and Geodetic Survey datum.
(i)
The boundaries of the various soil types and identification
keys as indicated in the Soil Survey of Bucks and Philadelphia Counties,
Pennsylvania, with a description of each soil type and limitations
of the soils for on-site sewage disposal, buildings with basements,
streets and parking lots.
(4)
Proposed layout.
(a)
The layout and dimensions of lots, with lots numbered.
(b)
The total area, number of lots, and lot sizes.
(d)
A reference to any land dedicated for public use or offered
for dedication for parks, recreation areas, schools, widening of streets
or other public uses.
(e)
An indication of any lots in which other than a residential
use is intended.
(f)
Rights-of-way and/or easements proposed to be created for all
drainage purposes, utilities or other pertinent reasons.
(g)
Accurate locations of all monuments, one to be placed at each
change in direction of boundary, two to be placed at each street intersection
and one on one side of each street at angle points and at the beginning
and end of curves. Utility easements shall be monumented at their
beginning and at their end, and areas to be conveyed for public use
shall be fully monumented at their external boundaries.
(h)
For on-lot facilities, the location of water supply and sewage
disposal.
(i)
If water is to be provided by means other than private wells
owned and maintained by the individual owners of lots within the subdivision
or development, applicants shall present evidence to the Board of
Supervisors that the subdivision is to be supplied by a certified
public utility, a bona fide cooperative association of lot owners,
or by a municipal corporation, authority or utility. A copy of a Certificate
of Public Convenience from the Pennsylvania Public Utility Commission
or an application for such certificate, a cooperative agreement or
a commitment or agreement to serve the area in question, whichever
is appropriate, shall be acceptable.
(j)
For any plan for which on-site sewage disposal is proposed,
the plan shall contain a title block as follows, signed by an authorized
agent of the Bucks County Department of Health:
|
OBSERVATIONS OF DEEP TEST HOLES AND PERCOLATION TESTS ON ALL
LOTS HAVE BEEN CONDUCTED BY THE BUCKS COUNTY DEPARTMENT OF HEALTH
AND IT HAS BEEN DETERMINED THAT 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 of Bucks County Health Department Agent)
| |
|
(Title)
|
[Amended 12-1-1992 by Ord. No. 92-13]
A.
General. A lot line change shall result in the same number or fewer
lots as existed prior to the lot line change, and the area of each
of the lots involved shall not increase or decrease by more than 20%
of the original lot area.
B.
Purpose. The purpose of the lot line change is to provide an expeditious
means of subdivision approval of the adjustment or relocation of one
existing boundary line between two adjacent lots or the shifting of
boundary lines to increase the area of an existing lot.
C.
Procedure.
(1)
Applicant prepares lot line change plan and application.
(2)
Applicant submits to the Township Manager the lot line change
plan and application in two forms; one copy in an electronic medium
acceptable to the Township Engineer and such paper copies as determined
by the Township and pursuant to its then-current schedule for submission
of subdivision and land development plans.
(3)
Copies of the lot line change plan and all required supplemental
data initially shall be submitted to the Township Manager, together
with the required fees and escrow deposit established in accordance
with the current fee schedule adopted by resolution by the Board of
Supervisors.[1] The Township Manager shall note the date of receipt of
the application, fees and escrow deposit. The application shall not
be deemed to be submitted until a complete application and required
fees have been submitted.
[1]
Editor's Note: Township fee schedules are on file in the Township
Building and available to be viewed on the Township's website at www.middletownbucks.org.
(4)
Upon submission of a complete application together with all
required fees and escrow deposits, the Township Manager shall accept
the application, plans and other required materials as filed and shall
immediately distribute copies of the final plan and application to:
(5)
Following receipt of the complete submission, the Middletown
Township Planning Commission shall review and forward its recommendation
on the proposed lot line change to the Board of Supervisors.
(6)
Following receipt of the Township Planning Commission's report and within 90 days following the receipt of the applicant's complete submission, as indicated in § 440-301C, the Board of Supervisors shall:
(a)
Review and evaluate the applicant's submission and the reports
from all applicable reviewing agencies;
(b)
Determine whether the lot line change plan meets the objectives
and requirements of this chapter and other ordinances; and
(c)
Inform the applicant of the decision and the reasons for the
decision not later than 15 days following the decision and within
the ninety-day review period established by the Municipalities Planning
Code.
D.
Required plan information. The lot line change shall show or be accompanied
by the following:
(1)
Drafting standards.
(a)
Plans shall be drawn on sheets no larger than 36 inches by 48
inches. All sheets comprising a submission shall be on one size. Sheets
should be large enough to clearly show all required features but at
a scale not less than one inch equals 100 feet. The plan shall be
a clear and legible white paper print.
(b)
Each set of plans shall be folded to a size which can be accommodated
in a legal (8 1/2 inches by 14 inches) file folder.
(c)
The submission shall include a copy of the site plan for the
entire property on a single sheet at an appropriate scale that will
fit the maximum sheet size submitted.
(d)
Dimensions shall be in feet and decimal parts thereof and bearings
in degrees, minutes and seconds.
(e)
Each sheet shall be numbered and shall show its relationship
to the total number of sheets.
(f)
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 presently
proposed features.
(g)
The plan shall be so prepared and bear an adequate legend to
indicate clearly which features are existing and which are proposed.
(2)
General information.
(a)
Name of the lot line change.
(b)
Name and address of the record and/or equitable owner.
(c)
Name and address of the engineer, surveyor or architect responsible
for the plan.
(d)
Present zoning classification with district requirements.
(e)
Total acreage of the tract.
(f)
Date, North point, and scale (written and graphic).
(g)
A location map for the purpose of locating the site to be subdivided
at a scale of not less than 800 feet to the inch, showing the relation
of the tract to adjoining property and to all streets, roads and Township
boundaries existing within 1,000 feet of any part of the property
proposed to be subdivided.
(h)
Site boundaries.
(i)
Property lines, existing and proposed.
(j)
Lot sizes, existing and proposed.
(k)
All existing buildings (and the uses), driveways, wells, sewer
systems, utility easements, etc.
(l)
Monuments, existing and proposed.
(m)
Tax parcel number(s) of the tract.
(3)
Recording information.
(a)
A statement to the effect that the applicant(s) is(are) the
owner(s) of the land and that the lot line change shown on the plan
is made with his(their) free consent and that it is desired to record
same.
(b)
Signature of the owner(s) of the land.
(c)
The impression seal and signature of a notary public or other
qualified officer acknowledging owner's statement of intent.
(d)
Signatures of three members of the Board of Supervisors.
In any case where the Board of Supervisors disapproves a final
plan, any person aggrieved thereby may appeal therefrom by petition
to the Court of Common Pleas of Bucks County. Appeals shall be governed
by the Pennsylvania Municipalities Planning Code.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Upon approval of a final plat, the developer shall, within 90 days
of such final approval, record such plat in the office of the recorder
of deeds of the county in which the Township is located. The Recorder
of Deeds shall not accept any plat for recording unless such plat
officially notes the approval of the Board of Supervisors and review
by the county planning agency.
B.
The recording of the plat shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the subject plat.
C.
The applicant shall notify the Board of Supervisors in writing of
the date of such recording and the plan book and page wherein such
subdivision or land development is recorded.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Streets, parks and other public improvements shown on a subdivision
or land development plan to be recorded may be offered for dedication
to the Township by formal notation thereof on the plan, or the owner
may note on the plan that such improvements have not been offered
for dedication to the Township.
B.
Every street, park or other improvement shown on a subdivision or
land development plan that is recorded, as provided herein, shall
be deemed to be a private street, park or improvement until such time
as the same has been offered for dedication to the Township and accepted
by resolution or ordinance and recorded in the office of the Clerk
of the Court of Common Pleas of Bucks County, or until it has been
condemned for use as a public street, park or other improvement.
A.
From the time an application for approval of a plat, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision or other governing ordinance or plan shall
adversely affect the application.
B.
The applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed.
C.
When a preliminary application has bean duly approved, the applicant
shall be entitled to final approval in accordance with the approved
preliminary application.
D.
If an application is properly and finally denied, any subsequent
application shall be subject to any and all governing regulations
in effect at the time of the new application.
E.
When an application for approval of a plat, whether preliminary or
final, has been approved or approved subject to conditions acceptable
to the applicant, no subsequent change or amendment of the zoning,
subdivision or other governing ordinance or plan shall be applied
to adversely affect the right of the applicant to commence and to
complete any aspect of the approved development in accordance with
the terms of such approval within five years from such approval. When
final approval is preceded by preliminary approval, the five-year
period shall be counted from the date of the preliminary approval.
In the case of any doubt as to the terms of a preliminary approval,
the terms shall be construed in light of the provisions of the governing
ordinances and plans as they stood at the time when the application
for such approval was duly filed.
F.
A time extension beyond the five-year limit may be granted by the
Board of Supervisors. Such extension shall be in writing.
G.
When the landowner has substantially completed the required improvements
as depicted on the final plat within the time limits, no change in
Township ordinance or plan enacted subsequent to the date of filing
of the preliminary plat shall modify or revoke any aspect of the approved
final plat pertaining to zoning classification or density, lot, building,
street or utility location.
H.
In the case of a preliminary plat calling for the installation of
improvements beyond the established time period, a schedule shall
be filed by the landowner with the preliminary plat delineating all
proposed sections as well as deadlines within which applications for
final plat approval of each section are intended to be filed. Such
schedule shall be updated annually by the applicant on or before the
anniversary of the preliminary plat approval, until final plat approval
of the last section has been granted. Any modification of the aforesaid
schedule shall be subject to approval of the Board of Supervisors,
in its discretion.
I.
Each section in a residential subdivision or land development, except
for the last section, shall contain a minimum of 25% of the total
number of dwelling units as depicted on the preliminary plan, unless
a lesser percentage is approved by the Board of Supervisors, in its
discretion. Provided that the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plat approval,
including compliance with the time schedule where applicable, all
of the aforesaid protections afforded by substantially completing
the improvements depicted upon the final plat within five years shall
apply, and for any section or sections beyond the initial section
in which the required improvements have not been substantially completed
within the five-year period, the aforesaid protections shall apply
for an additional term or terms of three years from the date of final
plat approval for each section.
J.
Failure of the landowner to adhere to an established schedule of
submission of final plats for the various sections shall subject any
such section to any and all changes in zoning, subdivision and other
governing ordinances enacted by the Township subsequent to the date
of the initial preliminary plan submission.
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 §§ 440-304, 440-305 and 440-306 for the final plan.
(1)
Seals.
(a)
The impressed seal of the licensed professional land surveyor
who prepared the plan in accordance with the Commonwealth of Pennsylvania
Act 367 of 1979.
(b)
The impressed corporation seal, if the applicant is a corporation.
(c)
The impressed seal of a notary public or other qualified officer
acknowledging owner's statement of intent.
(2)
Acknowledgements.
(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 acknowledgement of said statement before an officer authorized
to take acknowledgements.
(3)
The following signatures shall be placed directly on the plan
in 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 licensed surveyor who prepared the plan.
(d)
The signature of the Township Engineer.
(e)
The signatures of three members of the Board of Supervisors.
C.
Linens will not be released to the applicant before improvements
are completed in accordance with the final plan or until improvements
are guaranteed in accordance with the final plan.
[Added 12-1-1992 by Ord. No. 92-13]
After a plat has been approved and recorded as provided in this
chapter, all streets and public grounds on such plat shall be and
become a part of the Official Map of the Township of Middletown without
public hearing.
[Added 12-1-1992 by Ord. No. 92-13]
A.
Parties to proceedings involving the approval of a subdivision or
land development plan may utilize mediation as an aid in completing
such proceedings. Nothing in this section shall be interpreted as
expanding or limiting municipal police powers or as modifying any
principles of substantive law.
B.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. The Township shall assure
that in each case the mediating parties, assisted by the mediator
as appropriate, develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized in the Pennsylvania
Municipalities Planning Code, provided there is written consent by
the mediating parties and by an applicant or municipal decisionmaking
body if either is not a party to the mediation.
(5)
Identifying all parties and affording them the opportunity to
participate.
(6)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by
the parties and become subject to review and approval by the appropriate
decisionmaking body pursuant to the authorized procedures set forth
in the Pennsylvania Municipalities Planning Code.
C.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
