The procedures set forth in this chapter shall
be followed by all applicants.
[Amended 12-1-1980 by Ord. No. 140-B]
A.
A tentative sketch is required for all subdivisions
and land developments proposed within the Township.
B.
A preliminary plan is required for all subdivision
and land developments proposed within the Township. A planning module
for land development (ER-BCE-116) obtained from the Department of
Environmental Protection shall accompany all preliminary plans.
C.
A final plan is required for all subdivisions and
land developments proposed within the Township. A plan showing all
information required for a final plan, which has been submitted as
a preliminary plan and for which no changes have been required by
the Township, may be approved as a final plan. A final plan shall
consist of two parts:
D.
A land development plan shall be required whenever
the application for approval of a plat shall be construed to be a
land development in accordance with the definition of same as provided
in this chapter. A land development plan may be required in conjunction
with a subdivision plan or in lieu of a subdivision plan when review
of a plan on a lot-by-lot basis would not be applicable.
[Amended 10-5-1992 by Ord. No. 127-R]
A.
Unless determined otherwise, all plans for approval
of a plat shall be submitted in the following order: tentative plan,
preliminary plan and final plan. A plan, and all required copies of
each plan, shall be filed one at a time, and subsequent plans for
approval of a plat shall not be filed until such time that a decision
has been reached concerning the preceding plan. When the decision
reached concerning an application for approval of a plat, whether
tentative, preliminary or final, has rendered the application for
approval finally denied, then the applicant, when and if he should
reapply requesting approval of a plat, shall do so in accordance with
the procedure outlined above.[1]
B.
Applications for approval of a subdivision and land
development shall be received by the Secretary of the Township. Submittal
and processing of plats and specifications for such plats shall accompany
the applications. The applicant or his agent shall be required to
appear in person at the office of the Township established for such
purposes in order to make application for approval of a plat and file
plans therewith. Formal application shall be received on the last
Monday of each month, the date of the monthly Planning Commission
meeting, from which time all applications for approval of a plat,
whether tentative, preliminary or final, shall be acted upon by the
Commissioners, and such decision shall be communicated to the applicant,
in writing, five days after the decision is rendered, not later than
90 days after the date of formal application as is required for such
response.
C.
Any application for approval of a subdivision and
land development not received on the last Monday of each month shall
be deemed formally applied for and, therefore, dated the subsequent
last Monday of the month.
D.
Schedule of steps.
(1)
Application received by Secretary's office. The date
shall be stamped and the filing fee received. A cursory examination
of the application and plan will be conducted.
(2)
The Secretary's office shall distribute copies to:
(a)
Montgomery County Planning Commission.
(b)
Lower Pottsgrove Township Planning Commission.
(c)
Lower Pottsgrove Township Engineer.
(d)
Township Sewer Authority.
(e)
Building Inspector.
(f)
Township Parks and Recreation Board.
(g)
Sewage Enforcement Officer (when on-lot sewage
disposal is indicated).
(3)
Application for approval of a subdivision or land
development plan placed on agenda for meeting of Township Commissioners.
(4)
Recommendations of the Montgomery County Planning
Commission, Township Planning Commission and others submitted to the
Township Commissioners.
(5)
Commissioners' action.
(a)
If the Commissioners approve the plan, the Township
Secretary will so certify thereon, and two copies will be given to
the applicant.
(b)
Approval subject to conditions. If the Commissioners
approve 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 ordinance relied upon for
the denial of the plan.
[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 of the Commissioners
to grant conditional approval.
(c)
If the Commissioners disapprove the plan, the
Board (or its official agent) will notify the applicant, in writing,
of the defects in the application and will describe the requirements
which have not been met and shall cite the provisions of state law
or Township ordinance relied upon.
(d)
Approval will be effective for five years only, unless extended by the Commissioners. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of preliminary approval, provided that, when an applicant shall commence with any aspect of an approved plan, the terms of development or subdivision shall be governed by any subsequent changes to the Zoning Ordinance (Chapter 250), this chapter or other governing ordinances or plans should effectuation of the approved plat not be completed within the prescribed five-year period.
(6)
When deemed desirable, the applicant may be requested
to agree, in writing, to an extension of time to the prescribed period
of time normally allotted to the applicant in which a decision concerning
the status of the application for approval of a plat is to be rendered.
In which case, the Commissioners shall render a decision and communicate
it in the prescribed manner to the applicant before termination of
the extended time period.
(7)
Recording the plat. Upon approval of a final plat
of subdivision or land development, the applicant shall within 90
days of such final approval record such plat in the office of the
Recorder of Deeds of Montgomery County, Pennsylvania. If not recorded
within 90 days, the plat will have to be resubmitted. The approved
final plat shall bear the official stamp of review by the Montgomery
County Commission.
[Added 7-7-1997 by Ord. No. 207]
Minor plans may be submitted and processed only
for lot line adjustments, simple conveyances, minor subdivisions and
minor land developments, as characterized in this article, in accordance
with the standards and requirements in this section.
A.
Standards for qualification as a minor plan submission.
(1)
Lot line adjustment.
(a)
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 of the two lots.
(e)
Neither lot shall violate the applicable dimensional requirements of the Zoning Ordinance (Chapter 250) as a result of the lot line adjustment.
(f)
Possible reasons for lot line adjustments include,
but are not necessarily limited to:
(2)
Simple conveyance.
(a)
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.
(d)
The lot from which the land is being conveyed must be suitable in terms of the applicable dimensional requirements of the Zoning Ordinance (Chapter 250) so that, after conveyance, it will remain in compliance with those requirements.
(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 (Chapter 250), provided that 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)
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 Ordinance (Chapter 250) 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 Township
requirements for lot frontage and access to a public street for both
proposed lots.
(c)
The subdivision will not require new road construction,
road improvements or the extension of existing public utility lines.
(d)
The proposal will not involve significant stormwater
and/or erosion control issues, as determined by the Township Engineer.
(e)
Disqualification. The Board of Commissioners
may require standard preliminary plan submission in place of a minor
plan when conditions warrant it, at the advice of the Township Planning
Commission or Engineer.
(4)
Minor lot development.
(a)
A land development proposal where it is found
that the intended development or modification of a site or use and
occupancy of an existing structure will create a minimal impact upon
traffic, drainage, visual image, landscaping, buffering, lighting
or other elements described within the purposes of this section.
(b)
Parking lot expansions.
(c)
Additions to existing nonresidential buildings,
provided that the addition is less than 5,000 gross square feet and
involves no more than a twenty-five-percent increase in the size of
the existing building.
(d)
The conversion of a residential dwelling that
results in the creation of no more than two new dwelling units.
(e)
The addition of tenants to an existing nonresidential
building when minimal structural improvements are required.
(f)
Disqualification. The Board of Commissioners
may require standard preliminary plan submission in place of a minor
plan when conditions warrant it, at the advice of the Township Planning
Commission or Engineer.
B.
Plans for lot line adjustment, simple conveyance,
minor subdivision and minor land developments 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 or sheets shall be one of the following
sizes: 15 inches by 18 inches, 18 inches by 30 inches or 24 inches
by 36 inches.
(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)
Name, address and phone number of the applicant.
(b)
Name, address and phone number of any other
property owner involved in the proposal.
(c)
Name, address, phone number and professional
seal of the individual that prepared the plan.
(d)
Date of preparation of the plan and a descriptive
list of revisions to the plan and the revision dates.
(e)
North point and graphic and written scale.
(f)
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 districts.
(i)
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.
[2]
The area of the parcel being conveyed.
[3]
The areas of the previously existing lots and
their areas following conveyance.
[4]
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]
Locations of sanitary and/or storm
sewer lines and water supply lines.
[c]
Location of all watercourses and
limits of any flood-prone areas, based on FEMA studies or engineering
determination.
[d]
Contours obtained from USGS 7.5-minute
quadrangle maps or more accurate methods.
[e]
Location and description of existing
buildings and other structures, labeled "to remain" or "to be removed,"
as applicable, and location and description of existing buildings
and other structures less than 50 feet beyond the tract boundaries.
[f]
Outer limits of tree masses.
[g]
Locations of any natural or man-made
feature which may affect the developability of the land, such as quarries,
wetlands, etc., within the property and up to 100 feet beyond the
tract boundaries.
[h]
Location, type and ownership of
major utilities, such as pipelines and electric transmission lines,
both above and below ground, with notes describing:
[i]
Easement or right-of-way dimensions.
[j]
Additional setback or development
restrictions imposed by the utility company.
[k]
Specific type of product using
pipelines.
[l]
Areas subject to deed restrictions
or easements.
C.
Minor plan submissions 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 § 215-11, Plat processing procedure.
(2)
When a minor plan qualifies for approval or for approval subject to conditions, in accordance with § 215-11D(5)(b) of this chapter, the minor plan may be granted concurrent preliminary and final plan approvals, providing that the plan includes the final plan certifications required by Subsection B of this section.
(3)
A minor plan is not required to include an improvements construction plan or a record plan as required by § 215-10C of this chapter.
(4)
A minor plan which will require access to a state
highway shall include all plans and specifications proposed for submittal
to the Pennsylvania Department of Transportation for the purpose of
obtaining a highway occupancy permit.
[Added 7-17-2000 by Ord. No. 219]
A.
Notice of all applications for approval of a subdivision
and/or land development shall be given by conspicuously posting written
notice of the application on the affected tract of land at least 48
hours prior to sketch plan or other first-time submission review by
the Lower Pottsgrove Township Planning Commission. The written notice
shall state the following: "This property is the subject of a subdivision
and/or land development application: Lower Pottsgrove Township No.
_____." The notice shall be printed on a sign 36 inches by 24 inches
of the type utilized for real estate sales. The expense of printing
of such notice shall be borne by the applicant. The notice must be
posted and maintained by the applicant on the property in such location(s)
to be clearly visible from each adjacent public dedicated roadway(s)
and must remain on the property throughout the duration of the land
development and/or subdivision process. The applicant is responsible
for maintenance of the sign during the period aforementioned. Proof
of posting by way of affidavit and a dated photograph of the erected
notice(s) must be provided by the applicant to the Township Secretary
at least 24 hours prior to sketch plan review or other first-time
submission and shall be the sole determination for compliance with
this section.
B.
A civil fine in the amount of $25 per day may be imposed
upon an applicant for noncompliance with this subsection following
issuance by the Code Enforcement Officer to the applicant of written
notice of a violation and failure by the applicant to correct the
violation within three days of the date of said written notice. The
said notice referred to in this section shall be given to applicant
at the address provided in his land development and/or subdivision
application provided to the Township at time of initial filing.
