The standards, requirements and procedures contained in this article shall govern the submission and processing of all applications for subdivisions and/or land developments in the Borough, which applications shall be subject to review by the Borough Council and Borough Planning Commission, as defined in Article II herein.
All applications for subdivision and/or land
development shall be classified as tentative sketch plans, preliminary
plans, final plans or minor plans, as further regulated herein.
A.
Tentative sketch plans.
(2)
Required. Applicants are required to submit tentative
sketch plans as a part of the preliminary plan submission where only
a portion of a property is proposed as a currently active proposal.
The tentative sketch plan shall show how the immediate proposal can
fit logically into an overall plan for the entire site.
B.
Preliminary plans. A preliminary plan is required to be submitted for all proposals for subdivision and/or land development, except for those which qualify as minor plans, in accordance with the requirements of § 96-13, Preliminary plan submission requirements, and § 96-14, Preliminary plan review procedure.
D.
Minor plans. Applications which qualify as minor plans may be submitted for concurrent preliminary and final plan processing and approval, in accordance with the standards and requirements of § 96-18, Minor plan submission requirements and review procedure.
E.
De minimus improvement process. No subdivision and
land development approval is necessary if an applicant who wishes
to proceed under these provisions as a de minimus improvement shall
submit to the Borough staff the following for its review:
[Added 10-2-2006 by Ord. No. 5-06]
(1)
A building permit application setting forth the proposed
improvement, the cost thereof, and any changes to be made to the land.
(2)
Where a project has a previously recorded land development
plan, the applicant must file an amended land development plan indicating
the proposed improvements.
(3)
The plan, when filed, shall undergo engineering and
zoning review to address all zoning issues, including, but not limited
to, landscaping, site access, and stormwater management. An escrow
shall be established with the Borough to cover appropriate fees for
plan review pursuant to the Borough fee schedule.
(4)
Any given building may have no more than three de minimus improvements as long as the cumulative additions do not exceed the definition set forth in § 96-8, Definitions, and each application will contain a statement to the effect that the cumulative de minimus improvements granted, including the current application, require less than six parking spaces and the total footprint of the de minimus improvements does not exceed 1,000 square feet.
(5)
Upon completion of the necessary plan reviews, if
the applicant agrees in writing to the conditions, improvements, and/or
requirements determined by the review, the application will be approved
and the appropriate permits will be issued. In the event that the
applicant does not agree with the review conclusions, the application
is deemed denied and the applicant may elect to resubmit the application
under the standard land development procedures as set forth in this
chapter.
A.
Purposes. The purposes served by a tentative sketch
plan are as follows:
(1)
To inform the Borough of an applicant's intent to
subdivide and/or develop a property and graphically show the concepts
and extent of the proposal.
(3)
To show how a tract of land may be further subdivided
or developed in cases where only a portion of a property is currently
under an active proposal.
(a)
This plan shall show a logical and efficient
pattern of roads, lots and/or buildings, as appropriate for the type
of plan proposed, and shall not be acceptable if it proposes lotting
or development which is obviously impractical or questionable for
reasons of floodplains, steep slopes, relationships to other properties
or other site planning constraints.
(b)
This plan shall be shown on the preliminary
plan for the subject site in the form of a reduced-scale inset drawing,
although larger scale drawings are encouraged for review and discussion
purposes.
(c)
This plan shall have no legal standing with
regard to future plan approvals but shall be considered as a guide
for future development.
B.
It is to the applicant's advantage to show as much
of the requested information as possible. Although the Borough Planning
Commission will discuss any plan presented, a lack of significant
information may result in little useful guidance to the applicant.
C.
Tentative sketch plan information. A tentative sketch
plan should be drawn legibly and to scale, but it need not be a precisely
surveyed or engineered plan, and it should show the following information:
(1)
The entire tract boundary and total acreage.
(2)
Existing and proposed streets, lots and buildings.
(3)
Approximate building envelopes.
(4)
Significant physical features such as floodplains,
steep slopes, woodlands and existing structures.
(5)
Contour lines at five-foot to ten-foot intervals.
(6)
Approximate locations for stormwater control basins,
if necessary.
(7)
A location plan showing the relationship of the subject
tract to the surrounding road network and major physical features.
(8)
The North point and scale.
(9)
The name and address of the owner.
(10)
The name and address of the engineer, surveyor
or architect, as applicable.
(11)
Any additional information which the applicant
believes will help explain the proposal.
This review procedure is intended to facilitate
a cooperative effort between the Borough and the applicant to resolve
significant subdivision and/or land development issues prior to the
preparation of preliminary plans.
A.
The applicant shall make a request to the Borough
Zoning Officer to be scheduled on the meeting agenda of the Borough
Planning Commission for an informal discussion of the tentative sketch
plan.
B.
The applicant or his representatives shall appear
as scheduled at the meeting to explain the plan and to discuss the
issues identified by the Planning Commission. The applicant should
be prepared to discuss significant issues, including but not limited
to:
C.
The Borough Planning Commission may make suggestions
and recommendations to the applicant during the meeting at which the
plan is discussed. These need not be presented in writing to the applicant;
however, they should be summarized in the minutes of the Borough Planning
Commission for reference.
(1)
Recommendations regarding noncompliance with Borough
ordinance requirements and/or planning policies must be implemented
by the applicant in the form of plan revisions.
(2)
Recommendations and suggestions in the form of preferences
or alternatives should be seriously evaluated by the applicant prior
to further plan processing.
D.
If a proposal is large or complex, the Borough Planning Commission may defer completing its comments and recommendations until it has consulted its technical advisors. In that event, the applicant shall post with the Borough an escrow fee sufficient to cover the cost of the technical advisor's review of the plan. The amount of the escrow deposit shall be determined by the Borough Engineer and cover such costs as contemplated in § 96-66 of this chapter. However, the Planning Commission will try to expedite this informal review process.
[Amended 9-2-1997 by Ord. No. 3-97]
E.
Applicants may present alternative tentative sketch
plans at one meeting or may present alternatives at subsequent meetings,
provided that appropriate agenda time has been scheduled in advance.
F.
When the Borough and applicant have resolved the major
concepts involved in the proposal, the applicant should proceed to
preliminary plan submission.
This section contains the requirements for preliminary
plans for subdivisions and/or land developments in terms of drafting
standards, basic information, existing features and proposed features
and is written in a checklist format.
A.
Checklist format. This section or copies of it may
be used as a checklist by the applicant and/or the municipality to
ensure completeness of plan submissions. The following standard responses
should be marked for each required item:
(1)
A check mark means the required item has been satisfactorily
provided for plan submission purposes. It does not signify compliance
with any other requirement of this chapter.
(2)
An "X" means the required item has been omitted or
is incorrectly or inadequately represented on the plan. These items
must be added to the plan in order to qualify the plan for submission.
(3)
"NA" means the required item is not applicable to
the subject plan and need not be shown. This response is intended
for features which are not found on the subject site, not proposed
as part of the improvements or which specify more detail than is necessary
for review of the plan. The governing body shall have final authority
to determine whether or not the NA response is appropriate in any
particular case.
B.
Drafting standards. Plans shall be professionally
prepared in compliance with the following:
(1)
The plan shall be drawn to a standard engineering
scale not exceeding 100 feet to the inch.
(2)
The sheet size shall be 15 inches by 18 inches, 18
inches by 30 inches or 24 inches by 36 inches, appropriately related
to the scale of the drawing.
(3)
All sheets shall be the same size and be numbered
relative to the total number of sheets (e.g., one of five, etc.).
(4)
Reduced scale.
(a)
Where two or more sheets are needed to show
the entire tract, a reduced scale key plan shall be provided to show
how the sheets fit together.
(b)
A reduced scale plan of the entire site at a
scale greater than 100 feet to the inch may be required in cases where
it would facilitate the review and approval process. Applicants are
encouraged to submit such plans in cases where they are not required.
(5)
Property lines shall be drawn and labeled in conformance
with the Act of May 23, 1945, P.L. 913, No. 367, known as the "Professional
Engineers Registration Law,"[1] and accepted surveying and civil engineering practices,
including dimensions shown in feet and decimals, and bearings shown
in degrees, minutes and seconds.
[Amended 7-2-1990 by Ord. No. 2-90]
(a)
Tract boundary lines shall be the heaviest property
lines.
(b)
Proposed lot lines shall be the next heaviest.
(c)
Possible future lots, if shown, shall be the
lightest line weight and may be shown as dashed lines.
[1]
Editor's Note: See now 63 P.S. § 148
et seq., the Engineer, Land Surveyor and Geologist Registration Law.
C.
Basic information. All preliminary plans shall show
the following basic information:
(1)
The name of the subdivision or land development.
(2)
The name of the applicant.
(3)
The name, address and professional seal of the individual
or firm which prepared the plan.
(4)
The date of preparation of the plan and a descriptive
list of revisions to the plan and the revision dates.
(5)
The North point and scale.
(6)
A location plan showing the relationship of the subject
tract to the surrounding road network and major physical features.
(7)
The entire tract boundary with bearings and distances
and total tract acreage.
(8)
A list of the basic dimensional and intensity requirements
of the applicable zoning district, compared to the applicant's proposal.
(9)
The zoning classification(s) of all lands abutting
the proposal.
(10)
The names of all current owners of immediately
adjacent lands.
(12)
A description of variances or special exceptions
and the dates they were granted, if any.
(13)
A description of any deed restrictions or other
covenants affecting development of the tract.
(14)
The requirements of any other local ordinance
which may affect the proposal.
(15)
A legend sufficient to indicate clearly between
existing and proposed conditions.
D.
Existing features. Within the tract proposed for subdivision
and/or land development and within 100 feet of the tract boundaries,
the following information shall be shown on the preliminary plan:
(5)
Water-related features, including:
(a)
Lakes and ponds.
(b)
Wetlands, including swamps or marshes.
(c)
Watercourses and springs.
(d)
Flood-prone or floodplain areas (data from FEMA
studies and/or supporting hydrologic and hydraulic data for one-hundred-year
flood limits when provided independent of FEMA data, and/or Montgomery
County Soil Survey when applicable).
(6)
Other natural features, including:
(9)
Other man-made features, including:
(a)
The location, size, character and configuration
of existing buildings, labeled "To Remain" or "To Be Removed" as applicable.
(b)
The location and description of existing buildings
and other structures less than 50 feet beyond the tract boundaries.
(c)
The location, size and ownership of utilities,
both above and below ground, with a note added to describe additional
setback or development restrictions in their regard.
E.
Proposed features. Within the tract proposed for subdivision
and/or land development, the following information shall be shown
on the preliminary plan:
(1)
Subdivision and/or land development layout.
(a)
Proposed streets, alleys, driveways and parking
areas, including:
(b)
The layout and dimensions of all lots, including
the net lot area.
(c)
All building setback lines.
(d)
All parking setback lines, where applicable.
(e)
Proposed sidewalk or other walkway locations.
(g)
Common use areas, including:
(2)
Grading, drainage and utilities. The following information
for the facilities as proposed shall be shown on the preliminary plan:
(a)
Proposed contours for the entire site, including
road center-line elevations, at the contour interval of the plan.
(c)
Stormwater management and erosion control and
sedimentation facilities, including:
[1]
Basins.
[2]
Swales.
[3]
Diffusion devices.
[4]
Velocity controls.
[5]
Pipe locations.
[6]
Pipe sizes.
[7]
Direction of flow.
[8]
Gradient of flow.
[9]
Inlets, catch basins and manholes.
[10]
Invert elevations.
[11]
Related technical data for these facilities
(which may be submitted in report form if a note on the plan references
the report).
(f)
Finished floor elevations of proposed buildings.
The procedure contained in this section shall
regulate the submission and review of preliminary plans for subdivision
and land development.
A.
Ten copies of the preliminary plan shall be submitted
to the Borough Secretary or Zoning Officer, in person by the applicant
or the applicant's agent, at the Borough Office during normal Borough
business hours.
C.
The plan submission date will be stamped on the plan,
following a cursory review of the plan, only if the plan shows basic
compliance with the requirements of this article.
D.
The Borough Secretary or Zoning Officer shall distribute
copies of the plan to the following for review and recommendations:
(1)
The Borough Planning Commission.
(2)
The Borough Council.
(3)
The Borough Engineer.
(4)
The Montgomery County Planning Commission, along with
the required review fee and request for review.
(5)
The Borough Solicitor, other Borough boards or officials,
sewer and/or water authorities and/or other technical consultants
as needed.
E.
The application for approval of the preliminary plan
shall be placed on the agenda of the next regularly scheduled meeting
of the Borough Planning Commission following the plan submission date.
F.
Upon completion of its review of the preliminary plan,
which should include consideration of the timely recommendations of
the Borough Engineer, Montgomery County Planning Commission and other
technical advisors when requested, the Borough Planning Commission
shall communicate its recommendations to the Borough Council.
G.
The Borough Council shall have a ninety-day time period
to act on the plan unless the applicant has agreed, in writing, to
an extension of the time period.
(1)
The ninety-day time period shall be measured from
the date of the next regularly scheduled Borough Planning Commission
meeting following the plan submission date.
(2)
If the next regularly scheduled Borough Planning Commission
meeting occurs more than 30 days following the plan submission date,
then the ninety-day time period shall be measured from the 30th day
following the plan submission date.
(3)
If an extension of the ninety-day time period is applied,
it shall be measured from the expiration of the original ninety-day
period. A time extension shall postpone the deadline and effects of
the ninety-day time period for the additional number of days agreed
to in writing.
H.
The Borough Council shall consider the preliminary
plan application at one or more of its public meetings during the
ninety-day time period, and/or extension thereof if applicable, and
shall render a decision on the plan following receipt of the recommendations
of the Borough Planning Commission, Borough Engineer, Montgomery County
Planning Commission and/or other technical advisors as requested.
(1)
In accordance with the Pennsylvania Municipalities
Planning Code,[1] the Borough Council shall not approve an application until
the Montgomery County Planning Commission report of its recommendations
is received or until the expiration of 30 days from the date the application
was forwarded to the county.
[Amended 7-2-1990 by Ord. No. 2-90]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(2)
In accordance with the policies of the Montgomery
County Planning Commission, the date the application was forwarded
to the county shall be considered to be the date noted on the Borough's
request for review or two days prior to the county's receipt of the
request if no date is noted on the request, except that in no instance
will the date be earlier than five days prior to the county's receipt
of the request.
I.
Procedure following Council's decision. When the Borough
Council makes a decision on a preliminary plan, one of following procedures
will be followed, depending on the type of decision:
(1)
Denial. If the Council denies approval of a preliminary
plan in terms as filed by the applicant, then the written notification
to the applicant shall specify the defects found in the application
and describe the requirements which have not been met and shall cite
the provisions of the statute or ordinance relied upon.
(2)
Approval. If the Council approves a preliminary plan
in terms as filed by the applicant, then the Borough Secretary will
so certify thereon, and two copies of the approved plan will be forwarded
to the applicant. The applicant shall then submit two paper copies
and two Mylar or linen copies of the approved plan for the Borough
Seal and signatures.
(3)
Approval subject to conditions.
(a)
If the Council approves a preliminary plan subject
to specific conditions, then those conditions shall be accepted in
writing by the applicant; otherwise the plan shall be denied approval.
Therefore, the written notification to the applicant shall:
[1]
Specify the conditions of approval and request
the applicant's written agreement to the conditions;
[2]
State that the application will be denied if
the applicant does not agree to the conditions and specify the defects
found in the application, describe the requirements which have not
been met and cite the provisions of the statute or ordinance relied
upon for denial of the plan; and
[3]
State that the plan approval shall be rescinded
automatically upon the applicant's failure to accept or reject the
conditions within 30 days following the decision by the Borough Council
to grant conditional approval.
[Added 7-2-1990 by Ord. No. 2-90]
(b)
Following submission of written agreement to
the conditions specified by Council, the applicant shall submit two
paper copies and two Mylar or linen copies of the preliminary plan,
which show compliance with the conditions, by plan revision or notation,
for the Borough Seal and signatures.
J.
Effective period of approval. Approval will be effective
for a period of five years from the date of preliminary plan approval,
unless extended, in writing, by the Borough Council.
(1)
No subsequent change or amendment in the zoning, subdivision
or other governing ordinance or plan shall be applied to affect adversely
the right of the applicant to commence and to complete any aspect
of the approved development in accordance with the terms of approval
within that five-year period.
(2)
In the case where preliminary and final plan approval
is concurrent, the five-year period shall be measured from the date
of that concurrent approval.
(3)
In a case of a preliminary plan calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the applicant with the preliminary plan delineating all proposed
sections, as well as deadlines within which applications for final
plan approval of each section are intended to be filed.
(a)
Such schedule shall be updated annually by the
applicant on or before the anniversary of the preliminary plan approval,
until final plan approval has been granted to the final section.
(b)
Any modification in the aforesaid schedule shall
be subject to approval of the Borough Council in its discretion.
(c)
Each section in any residential subdivision
or land development, except for the last section, shall contain a
minimum of 25% of the total number of dwelling units as shown on the
preliminary plan, unless a lesser percentage is approved by the Borough
Council in its discretion.
(d)
For any section or sections beyond the initial section, in which the required improvements have not been substantially completed within the initial five-year period, the protections of Subsection J above shall also apply to each subsequent section for an additional term of three years from the date of final plan approval of each section.
All final plans for subdivisions and/or land
developments shall consist of two basic parts, the improvements construction
plan and the record plan, and shall comply with the requirements of
this section.
A.
Improvements construction plan.
(1)
Drafting standards. The same standards shall be required
for an improvements construction plan as for a preliminary plan, except
that the horizontal scale of the plan and profile shall not exceed
50 feet to the inch, and the vertical scale of the plan shall be two,
four, five or 10 feet to the inch, whichever is most appropriate.
(2)
Information to be shown. The plan shall contain sufficient
information to provide working plans for the construction of the proposed
streets or any portion thereof, including all appurtenances, sewers
and utilities, as shown on the approved preliminary plan from one
existing or approved street to another or, in the case of a cul-de-sac,
to its turnaround. This information shall include:
(a)
Horizontal plan. The horizontal plan shall show
details of the horizontal layout as follows:
[1]
Information shown on the approved preliminary plan, including all items required by § 96-13E, Proposed features.
[2]
The beginning and end of the proposed immediate
construction.
[3]
Stations corresponding to those shown on the
profiles.
[4]
The curb elevation at tangent points of horizontal
curves, at road or alley intersections and at the projected intersections
of the curblines.
[5]
The location and size of sanitary sewers and
lateral connections and water mains, with distances between manholes
and gas, electric and other utility pipes or conduits, and of storm
drains, inlets and manholes.
[6]
The location, type and size of curbs and all
paving widths.
[7]
The location and type of fire hydrants and streetlights.
(b)
Profiles. The profiles shall show details as
follows:
[1]
Profiles and elevations of the ground along
the center lines of proposed streets.
[2]
Profiles of sanitary sewers with a profile over
the sewer of the existing and finished ground surface, showing manhole
locations beginning at the lowest manhole.
[3]
Profiles of storm drains, showing catch basins,
inlet and manhole locations, swales, ditches, etc.
[4]
Profiles of water mains.
(c)
Cross sections. The cross section for each classification
of street shall comply with the Borough's standards and specifications
as minimum requirements. It shall show a typical cross section across
the road, with details of grading and construction as follows:
[1]
The ultimate right-of-way width and the location
and width of the cartway.
[2]
The type, depth and crown of paving.
[3]
The type and size of curb.
[4]
When sidewalks are required, grading of the
sidewalk area should be carried to the full width of the ultimate
right-of-way.
[5]
The location, width, type and depth of sidewalks,
when required.
[6]
The typical locations, size and depths of sewers
and utilities.
(d)
Additional information. The following additional
information shall be submitted with the final plan:
[1]
All required local, state and federal permits
shall be submitted. These permits may include Montgomery County, Pennsylvania
Department of Transportation or Borough permits and Department of
Environmental Resources permits for drainage, stream alteration, dams,
erosion and sedimentation control, air pollution or sanitary sewage
facilities.
[2]
The following statements shall be required on
the final plan:
[Amended 7-2-1990 by Ord. No. 2-90]
[a]
"The approved improvement construction
plan, a copy of which may be inspected at the Borough Office, has
been made a part of the approved final plan."
[b]
"For access to a highway under
the jurisdiction of the Pennsylvania Department of Transportation,
a highway occupancy permit is required, pursuant to Section 420 of
the Act of June 1, 1945 (P.L. 1242, No. 428), known as the 'State
Highway Law.'[1] Access to the state highway shall be only as authorized
by the highway occupancy permit."
[1]
Editor's Note: See 36 P.S. § 670-101
et seq.
[3]
All engineering calculations which support the
proposed improvements, such as drainage calculations, sanitary facility
design calculations or structural calculations, shall be submitted.
B.
Record plan.
(1)
Drafting standards. The same standards shall be required
for a record plan as for a preliminary plan, and in addition, for
recording purposes, the plans shall be placed on sheet sizes of 18
inches by 30 inches or 24 inches by 36 inches. All lettering and lines
should be drawn to be legible if the plan is reduced to half size.
(2)
Information to be shown. The plan, which shall include
all portions of an approved preliminary plan, shall also show:
(b)
Courses and distances sufficient for the legal
description of all the lines shown on the plan. The error of closure
shall not be greater than one part in 10,000.
(c)
Names or identification of the following:
[1]
Abutting owners.
[2]
All dimensional and technical descriptions of
roads.
[3]
Easements.
[4]
Rights-of-way.
[5]
Open space, recreation and/or other common use
areas.
[6]
Other public improvements.
[7]
For land development plans, all additional information
pertinent to the location of site improvements, including buildings,
walks, parking, driveways, etc.
(d)
All lots deeded to the ultimate right-of-way
so that a single deed may be drawn to the appropriate body having
jurisdiction for the dedication of streets by the applicant.
(e)
Evidence that the plans are in conformance with
the Zoning Ordinance[2] and other applicable Borough ordinances and regulations.
In any instance where such plans do not conform, evidence shall be
presented that an exception, waiver or variance has been officially
authorized.
(f)
The location, material and size of all monuments
with reference to them.
(g)
Building setback lines with distances from the
ultimate right-of-way line.
C.
Certifications. When approved, the record plan must
show:
(1)
The signature and seal of the registered engineer
or surveyor, certifying that the plan represents his work, that the
monuments shown thereon exist as located and that the dimensional
and geodetic details are correct.
(2)
The signature of the applicant, certifying his adoption
of the plan.
(4)
A blank space shall be provided for the stamp and
seal of the Montgomery County Planning Commission, located along the
right-hand edge of the plan, four inches square.
Final plans shall be submitted and reviewed
in accordance with the procedure contained in this section.
A.
A final plan for an application that has been previously
granted preliminary plan approval shall be approved by the Borough
Council when it is assured that:
(1)
The final plan conforms to the approved preliminary
plan.
(2)
All engineering and other technical details have been
resolved to the satisfaction of the Borough Engineer, as evidenced
by a letter from the Borough Engineer, and to the satisfaction of
other technical advisors, when requested by the Council.
(3)
A signed recommendation is received from the Borough
Planning Commission.
(4)
All financial security and legal agreements have been
found satisfactory by the Borough Council, under the review and advice
of the Borough Solicitor, all security has been posted and all agreements
have been executed.
[Amended 7-2-1990 by Ord. No. 2-90]
(a)
When requested by the developer, in order to
facilitate financing, the Borough Council shall furnish the applicant
with a signed copy of a resolution indicating approval of the final
plan contingent upon the applicant obtaining a satisfactory financial
security.
(b)
The final plan shall not be signed nor recorded
until the financial improvements agreement is executed.
(c)
The resolution of contingent approval shall
expire and be deemed to be revoked if the financial security agreement
is not executed within 90 days, unless a written extension is granted
by the Borough Council.
(5)
The plan complies in all respects with applicable
Borough ordinances or that appropriate variances or waivers have been
granted for features that do not comply.
(6)
All necessary permits have been obtained from the
applicable regulatory agencies, authorities or departments.
B.
A final plan for an application that has not been
previously granted preliminary plan approval may be granted concurrent
preliminary and final plan approvals, in compliance with the following:
C.
Processing steps for applications with previous preliminary
approval.
(1)
Five copies of the final plan shall be submitted to
the Borough Secretary or Zoning Officer, accompanied by the Borough
filing fee and required administrative forms.
(2)
The plan submission date will be stamped on the plan,
and the application for final plan approval shall be placed on the
agenda of the next regularly scheduled meeting of the Borough Planning
Commission following the plan submission date.
(3)
The Borough Council shall have a ninety-day time period
to act on the plan unless the applicant has agreed, in writing, to
an extension of the time period.
(5)
The Borough Council shall consider the final plan
at one or more of its public meetings during the allocated ninety-day
time period.
D.
When the final plan is approved, the applicant shall
present paper and linen or Mylar copies of the plan to be signed by
Council and the Borough Secretary, together with the date of the approval
and official Borough Seal.
[Amended 7-2-1990 by Ord. No. 2-90]
Within 90 days following final plan approval,
the applicant shall record the final plan in the office of the Recorder
of Deeds of Montgomery County.
A.
In accordance with the Pennsylvania Municipalities
Planning Code,[1] whenever final plan approval is required by a municipality,
the Recorder of Deeds shall not accept any plan for recording unless
it contains the official approval of the municipal governing body
and certification of review by the County Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Prior to recording, the applicant should present the
municipally approved plan to the Montgomery County Planning Commission
for its stamp and seal, with one paper copy made available to the
County Planning Commission for its files.
Minor plans may be submitted and processed only
for lot line adjustments, simple conveyances and minor subdivisions,
as characterized herein, in accordance with the standards and requirements
in this section.
A.
Characteristics.
(1)
Lot line adjustment.
(a)
Lot line adjustment: a proposal between two
abutting, existing, legally approved and recorded lots.
(b)
A common lot line is proposed to be adjusted
in terms of its location or configuration.
(c)
The land area of each lot may be different after
adjustment, but the total lot area of the two lots will be unchanged.
(d)
No alteration will occur to the perimeter boundary
lines.
(f)
Possible reasons for lot line adjustments include,
but are not necessarily limited to:
(2)
Simple conveyance.
(a)
Simple conveyance: a proposal between two abutting,
existing, legally approved and recorded lots.
(b)
A portion of one lot is being divided off to
be conveyed to the owner of the abutting lot.
(c)
The land area of each lot will be different
after conveyance, but the total lot area of the two lots will be unchanged.
(e)
The land area being conveyed need not satisfy
any of the dimensional requirements applicable to lotting in the district
in which it is located, nor the street frontage requirements of the
Zoning Ordinance, provided that:
[1]
It is combined in common deed with the abutting
lot to which it is being added; or
[2]
If not combined in common deed, it shall be
deed restricted to the extent that it may not be transferred independently,
but must be transferred together with the lot to which it is being
functionally added by the process of simple conveyance.
(3)
Minor subdivision.
(a)
Minor subdivision: a subdivision proposal which
would divide one existing lot into two lots, both of which will comply
with the applicable dimensional requirements of the zoning district
in which the existing lot is located.
(b)
The existing lot has sufficient frontage on
an existing, improved public street to satisfy the applicable Borough
requirements for lot frontage and/or access to a public street for
both proposed lots.
(c)
The existing lot has not been a part of an approved
subdivision proposal during the five years previous to the current
application.
(d)
The subdivision will not require new road construction,
road improvements or the extension of existing utility lines.
(e)
The proposal will not involve significant stormwater
and/or erosion control issues, as determined by the Borough Engineer.
(f)
Disqualification. The Borough Council may require
standard preliminary plan submission in place of a minor plan when
conditions warrant it, at the advice of the Borough Planning Commission
or Engineer.
B.
Plans for lot line adjustment, simple conveyance and
minor subdivision shall comply with the following submission requirements:
(1)
Drafting standards.
(a)
The plan shall be drawn to a standard engineering
scale not exceeding 100 feet to the inch.
(b)
The sheet size shall be 15 inches by 18 inches,
18 inches by 30 inches or 24 inches by 36 inches, appropriately related
to the scale of the drawing; only one sheet shall be permitted.
(c)
Property lines shall be drawn and labeled in
conformance with accepted surveying and civil engineering practices,
including dimensions shown in feet and decimals and bearings shown
in degrees, minutes and seconds.
(2)
Basic information to be shown on the plan.
(a)
The name and address of the applicant.
(b)
The name and address of any other property owner
involved in the proposal.
(c)
The name and address and professional seal of
the individual or firm that prepared the plan.
(d)
The date of preparation of the plan and a descriptive
list of revisions to the plan and the revision dates.
(e)
The North point and scale.
(f)
A location plan showing the relationship of
the subject tract to the surrounding road network and major physical
features.
(g)
The entire boundary lines of all lots involved
in the proposal, with bearings and distances and lot areas.
(h)
A list of the basic dimensional requirements
of the applicable zoning district.
(i)
A legend sufficient to indicate clearly between
existing and proposed conditions.
(j)
Notes sufficient to describe what is being proposed
and which land areas are to be transferred as a result of the proposal.
(3)
Existing and proposed features to be shown on the
plan.
(a)
For lot line adjustments:
[1]
The lot line proposed to be adjusted, as it
currently exists, shown as a dashed line labeled "Lot Line To Be Removed."
[2]
The lot line as it is proposed to be after adjustment,
drawn using the standard lot line delineation at a heavier line weight
than the other lot lines and labeled "Proposed New Lot Line."
[3]
Any existing physical features of the site which
are involved in the decision to adjust the line.
[4]
Any existing and/or proposed features which
will be directly affected by the lot line adjustment.
(b)
For simple conveyances:
[1]
The land area to be conveyed, drawn in a manner
which makes it readily identifiable. The lot lines defining this area
shall be drawn using the standard lot line delineation at a heavier
line weight than the other lot lines, except that the lot line to
be removed, when combining into a common deed, shall be shown as a
dashed line labeled "Lot Line To Be Removed." This area shall be labeled
"This Area To Be Conveyed to (name)."
[2]
The area of the parcel being conveyed.
[3]
The areas of the previously existing lots and
their areas following conveyance.
[4]
Any existing physical features of the site which
may be involved in determining the location, size and shape of the
area to be conveyed.
[5]
Any existing and/or proposed site features which
will be directly affected by the conveyance.
(c)
For minor subdivisions:
[1]
Existing features.
[a]
Streets bordering or crossing the
tract, showing names, right-of-way and cartway widths and surface
conditions.
[b]
The approximate locations of sanitary
and/or storm sewer lines and water supply lines.
[c]
The location of all watercourses
and limits of any flood-prone areas (data from Soil Survey and/or
FEMA studies).
[d]
Contours obtained from United States
Geological Survey maps.
[e]
The location and description of
existing buildings and other structures, labeled "To Remain" or "To
be Removed" as applicable, and the location and description of existing
buildings and other structures less than 50 feet beyond the tract
boundaries.
[f]
The outer limits of tree masses.
[g]
The locations of any natural or
man-made features which may affect the developability of the land,
such as quarries, marshlands, etc., within the property and up to
50 feet beyond the tract boundaries.
[h]
The locations and descriptions
of major utilities, such as pipelines and electric transmission lines,
both above and below ground, with a note describing additional setback
or development restrictions required in their regard.
[i]
Areas subject to deed restrictions
or easements.
C.
Minor plan submission and review procedure.
(1)
All minor plans shall be considered to be preliminary plans for the purposes of submission for review and approval and shall comply with the requirements of § 96-14, Preliminary plan review procedure.
(2)
When a minor plan qualifies for approval in accordance with § 96-14I(2) or (3) herein, the minor plan may be granted concurrent preliminary and final plan approvals, provided that the plan includes the final plan certifications required by § 96-15C herein and complies with § 96-16A(2) through (6) herein.
