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, as defined in this chapter, 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.
(1) Optional. Applicants are strongly encouraged to submit tentative sketch plans for any subdivision or land development proposal, in accordance with the requirements of §
147-11, Tentative sketch plan submission requirements, and §
147-12, Tentative sketch plan submission and review procedure.
(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 §
147-13, Preliminary plan submission requirements, and §
147-14 Preliminary plan submission and review procedure.
C. Final plans. A final 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 §
147-15, Final plan submission requirements, and §
147-16, Final plan submission and 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 §
147-18, Minor plan submission requirements and review procedure.
E. De minimis improvement review.
[Added 8-13-2009 by Ord. No. 356]
(1) An applicant for an improvement on an existing developed lot which
will not involve an increase to impervious surface on said lot of
10% of that existing prior to the new improvement, or 2,000 square
feet, whichever is less, may elect to proceed under the following
procedure.
(2) Any given building may have up to three de minimis improvements as
long as the cumulative additions do not exceed the de minimis standard
stated above, and each application will contain a statement certifying
that such limits have not been exceeded.
(3) De minimis improvement process.
(a)
An applicant who elects to proceed under these provisions shall
submit, together with the appropriate fees, the following: de minimis
improvement application, a building permit application setting forth
the proposed improvement, the costs thereof and any changes to be
made to the land. The Borough Manager, or his designee, shall review
the application pursuant to all applicable Borough ordinances.
(b)
Upon completion of the appropriate review, the applicant shall
agree, in writing, to those conditions, improvements and/or requirements
as determined by the review; upon the applicant's agreement,
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 applicant agrees that the application shall
be withdrawn. The applicant may elect to amend and resubmit the application
under the standard land development procedure as set forth in this
chapter.
[Amended 8-11-2005 by Ord. No. 331]
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. Twenty-two copies of the tentative sketch plan shall be submitted
to the Borough Secretary in person by the applicant or applicant's
agent at the Borough Office during normal Borough business hours.
Plans must be accompanied by the required escrow payment and Borough
filing fees established in accordance with the current fee schedule
adopted by resolution by the Borough Council.
B. The Borough Secretary shall distribute copies of the
tentative sketch plan in accordance with the distribution list as
established by the internal procedure for the approval of subdivision
and land development plans adopted by resolution by the Borough Council.
C. 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:
(1) Land use proposed (i.e., residential, commercial,
industrial);
(2) Density or intensity of proposal;
(3) Access to the subject site:
D. 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.
(3) Future studies or analysis that the applicant should
undertake during preliminary plan stage.
E. 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. However, the Planning Commission
will try to expedite this informal review process.
F. Applicants may present alternative sketch plans at
one meeting or may present alternatives at subsequent meetings, provided
that appropriate agenda time has been scheduled in advance.
G. 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) [√] 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) 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) 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 (i.e., 1 of 5, etc.)
(4) 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 "Engineer,
Land Surveyor and Geologist Registration Law," and accepted surveying and civil engineering practices,
including dimensions shown in feet and decimals, and bearings shown
in degrees, minutes, and seconds.
(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.
C. Basic information. All preliminary plans shall show
the following basic information:
(1) Name of the subdivision or land development;
(3) Name, address, and professional seal of the individual
or firm which prepared the plan;
(4) Date of preparation of the plan and a descriptive
list of revisions to the plan, and the revision dates;
(6) 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) Zoning classification(s) of all lands abutting the
proposal;
(10)
Names of all current owners of immediately adjacent
lands;
(11)
A statement showing:
(a)
Number of acres under proposal;
(b)
Number of lots and/or dwelling units, or gross
leasable area;
(c)
Linear feet of new streets;
(d)
Linear feet of streets to be widened.
(12)
Description of variances or special exceptions
and the dates they were granted, if any;
(13)
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)
Legend sufficient to indicate clearly between
existing and proposed conditions;
(16)
Name and address of owner of record;
(17)
Tax block and unit number of all parcels being
subdivided or developed;
(18)
Deed book and page number for all parcels being
subdivided or developed.
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:
(1) Streets bordering or crossing the tract, including:
(2) Sanitary sewers, including:
(3) Storm sewers, including:
(e)
Inlets, catchbasins, and manholes;
(4) Other existing stormwater and/or erosion control facilities,
including:
(e)
Related technical data for those facilities.
(5) Water-related features, including:
(b)
Wetlands including swamps or marshes;
(d)
Floodprone 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:
(a)
Location, size, species, and condition of trees
six inches in diameter or greater, when standing alone or in small
groups where affected by proposed construction or use of the land;
(b)
Outer limits of tree masses and a general description
of their types, sizes, and conditions;
(c)
Locations and limits of natural features which
may affect the locations of proposed streets or buildings, including:
(7) Soil types, including:
(c)
Significant limitations, such as, high water
table or shallow bedrock.
(8) Slope information including:
(a)
Contours at a vertical interval of two feet,
accurately drawn from photogrammetric or on-site survey data;
(b)
Areas with slopes of 15% or greater, as shown
in the Montgomery County Soil Survey or determined from the contours
shown on the plan.
(9) Other man-made features, including:
(a)
Location, size, height, character, and configuration
of existing buildings, labeled "To Remain" or "To Be Removed" as applicable;
[Amended 4-12-2001 by Ord. No. 303]
(b)
Location and description of existing buildings
and other structures less than 50 feet beyond the tract boundaries;
(c)
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:
[1]
Names or other identification;
[2]
Right-of-way widths and lines;
[4]
Center-line courses, distances, and curve data;
[7]
Street location tie-ins by courses and distances;
[8]
Capacity of parking areas;
[9]
Sight distance at proposed intersections with
existing streets.
(b)
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;
(f)
Proposed buildings in land developments, including:
[3]
Sizes (ground level floor area, total floor
area, and height);
[4]
Total building coverage (square feet and percentage
of site);
[5]
Locations and types of accessory structures;
(g)
Common use areas, including:
[3]
Parking, driveway, or road areas when privately
owned for common use;
[4]
Notes regarding offers of dedication or retention
in private ownership, as applicable.
(h)
Areas for future uses, including:
[2]
Stormwater management facilities;
[3]
Additional subdivision or land development in tentative sketch form, in accordance with the requirements of §
147-11, Tentative sketch plan submission requirements, and in accordance with the intent of §
147-12, Tentative sketch plan submission and review procedure;
[4]
Explanatory notes for such future uses.
(i)
Proposed landscaping, including:
[4]
Other related landscape features such as mounding
and water features;
(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;
(b)
Approximate limits of site disturbance, including
a clear delineation of existing vegetation:
(c)
Stormwater management and erosion control and
sedimentation facilities, including:
[9]
Inlets, catchbasins, and manholes;
[11]
Related technical data for these facilities
(may be submitted in report form if a note on the plan references
the report).
(d)
Sewage disposal facilities, including:
[1]
Sanitary sewer line locations;
[8]
Approved on-site disposal locations;
[9]
Package treatment plant locations.
(e)
Water supply facilities, including:
[1]
Central water supply lines;
[4]
Well locations when on lot.
(f)
Finished floor elevations of proposed buildings.
(3) Cross sections, profiles, structural designs. The
following shall be provided:
(a)
Cross section and center-line profile for each
proposed or widened cartway shown on the preliminary plan including:
[1]
Road center-line grades and vertical curvature;
[2]
Profiles for sanitary sewers, water mains, storm
drains, including locations of manholes, inlets, and catchbasins.
(b)
Preliminary design of any bridges, culverts,
or other structures and appurtenances which may be required.
The procedure contained in this section shall
regulate the submission and review of preliminary plans for subdivision
and land development.
A. Twenty-two copies of the preliminary plan shall be
submitted to the Borough Secretary in person by the applicant or applicant's
agent at the Borough Office during normal Borough business hours.
[Amended 8-11-2005 by Ord. No. 331]
B. Plans must be accompanied by:
[Amended 8-11-2005 by Ord. No. 331]
(1) The required escrow payment and Borough filing fees
established in accordance with the current fee schedule adopted by
resolution by the Borough Council;
(2) The Montgomery County Planning Commission review fee;
and
(3) Completed Borough application and administrative form.
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.
[Amended 8-11-2005 by Ord. No. 331]
D. The Borough Secretary will distribute copies of the
preliminary plan in accordance with the distribution list established
by the internal procedure for the approval of subdivision and land
development plans adopted by resolution by the Borough Council.
[Amended 8-11-2005 by Ord. No. 331]
E. The application for approval of the preliminary plan
shall be placed on the agenda of the next regularly scheduled meeting
of 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 thirtieth
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) Provided, in accordance with the "Pennsylvania Municipalities
Planning Code," that 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.
(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 Borough seal
and signature.
(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.
[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.
(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 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
are 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 §
147-14J 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 §
147-13E, Proposed features;
[2]
The beginning and end of 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,
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.;
(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;
[7]
Proposed grading to the ultimate right-of-way
line.
(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,
PennDOT, or Borough permits; Department of Environmental Protection
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:
[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 § 420 of the Act of June
1, 1945 (P.L. 1242, No. 428) known as the 'State Highway Law.' Access to the state highway shall be only as authorized
by the highway occupancy permit."
(e)
All engineering calculations which support the
proposed improvements such as drainage calculations, sanitary facility
design calculations, or structural calculations.
(f)
Sewage plan approval from DEP.
(g)
Recommendation of approval of the erosion and
sediment control plan from the County Conservation District.
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:
(a)
Basic information, as required for a preliminary plan, §
147-13C;
(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:
[2]
All dimensional and technical descriptions of
roads;
[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 Chapter
176, Zoning, 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;
(3) The signature of the Borough Secretary, certifying
that the Borough Council approved the final plan on the date shown:
(a)
Spaces shall be provided for the signatures
of the Council members whose signatures are required;
(b)
Space shall be provided for the signature of
the Borough Engineer.
(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 they are 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.
(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:
(1) The final plan complies with both the preliminary and final plan submission requirements, §§
147-13 and
147-15, herein;
(2) The final plan is submitted and processed in compliance with §
147-14, Preliminary plan submission and review procedure;
C. Processing steps for applications with previous preliminary
approval.
(1) Thirteen copies of the final plan and application
shall be submitted to the Borough Secretary in person by the applicant
or applicant's agent at the Borough Office during normal Borough business
hours. Plans must be accompanied by the required escrow payment and
Borough filing fees established in accordance with the current fee
schedule adopted by resolution by the Borough Council;
[Amended 8-11-2005 by Ord. No. 331]
(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;
[Amended 8-11-2005 by Ord. No. 331]
(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;
[Amended 8-11-2005 by Ord. No. 331]
(4) The Borough Secretary shall distribute copies of the
final plan in accordance with the distribution list as established
by the internal procedure for the approval of subdivision and land
development plans adopted by resolution by the Borough Council;
[Amended 8-11-2005 by Ord. No. 331]
(5) The Borough Council shall consider the final plan
at one or more of its public meetings during the allocated ninety-day
time period;
(6) The Borough Council shall grant final plan approval in compliance with §
147-16A above.
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.
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, 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.
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 subdivision,
as characterized herein, in accordance with the standards and requirements
in this section.
A. Characteristic.
(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;
(e)
Neither lot will violate the applicable dimensional requirements of Chapter
176, Zoning, as a result of the lot line adjustment;
(f)
Possible reasons for lot line adjustments include,
but are not necessarily limited to:
[1]
Correcting errors regarding locations of existing
improvements (e.g., if the driveway for Lot No. 1 is located on Lot
No. 2);
[2]
Relating the line to definitive physical characteristics
(e.g., to adjust the line to run along an existing hedgerow);
[3]
Preferences of the landowners involved.
(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 Chapter
176, Zoning, 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 Chapter
176, Zoning, 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)
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)
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)
Name and address of the applicant;
(b)
Name and address of any other property owner
involved in the proposal;
(c)
Name and address and professional seal of the
individual or firm that prepared the plan;
(d)
Date of preparation of the plan and a descriptive
list of revisions to the plan, and the revision dates;
(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 district;
(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:
[a]
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;
[b]
Except that the lot line to be removed, when
combining into common deed, shall be shown as a dashed line labeled
"Lot Line to be Removed";
[c]
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]
Approximate locations of sanitary and/or storm
sewer lines, and water supply lines;
[c]
Location of all watercourses and limits of any
flood-prone areas (data from Soil Survey and/or FEMA studies);
[d]
Contours obtained from U.S.G.S. maps;
[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 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]
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;
[2]
Proposed features.
[a]
Layout and dimensions of both lots, including
net lot areas;
[b]
All building setback lines;
[c]
Locations of on-site water supply and sewage
disposal, if applicable;
C. Minor plan submission and review procedure.
[Amended 8-11-2005 by Ord. No. 331]
(1) Thirteen copies of the final plan - minor subdivision
shall be submitted to the Borough Secretary in person by the applicant
or applicant's agent at the Borough Office during normal Borough business
hours. Plans must be accompanied by the required escrow payment and
Borough filing fees established in accordance with the current fee
schedule adopted by resolution by the Borough Council.
(2) The Borough Secretary will distribute copies of the
final plan - minor subdivision in accordance with the distribution
list as established by the internal procedure for the approval of
subdivision and land development plans adopted by resolution by the
Borough Council.
(3) 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 §
147-14, Preliminary plan submission and review procedure.
(4) When a minor plan qualifies for approval in accordance with §
147-14I(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 §
147-15C herein and complies with §
147-16A(2) through
(6) herein.
(5) A minor plan is not required to include any improvements,
construction plan or a record plan as required by § 147-A and
B herein.
(6) Approved minor plans shall be recorded in compliance with §
147-17 herein.