The procedures set forth in this article shall be followed by
all applicants proposing to engage in the subdivision of land or land
development within Upper Moreland Township. All plans required under
the provisions of this chapter shall be prepared by a "professional
engineer" and/or "professional land surveyor," as those terms are
defined in the Act of May 23, 1945 (P.L. 913, No. 367), known as the
"Professional Engineers Registration Law," as amended, 63 P.S. § 148
et seq., and shall bear the seal of the said professional engineer
or professional land surveyor.
[Amended 4-5-2010 by Ord. No. 1587]
Applicants are encouraged to submit the following plans:
A.
A tentative sketch plan, as described in § 300-51 herein, is encouraged to be submitted by an applicant requesting to subdivide a parcel of land into 10 or more lots, or develop a parcel of land containing two or more acres, or develop a parcel of land in the Town Center Zoning Districts containing one or more acres. Said tentative sketch plan would be submitted prior to the submission of a preliminary plan. A tentative sketch plan shall not be eligible for any "deemed approval" and shall not be considered a "subdivision plan" under the Pennsylvania Municipalities Planning Code but may be used by an applicant to discuss layout and design features with the Township prior to filing a land development or subdivision plan. Applicants requesting to subdivide a parcel of land into less than 10 lots or develop a parcel of land containing less than two acres may waive the sketch plan and proceed to submit a preliminary plan, as described in § 300-52 herein.
B.
A preliminary plan is required for all subdivisions and land developments
proposed within the Township.
C.
A final plan is required for all subdivisions and land developments
proposed within the Township.
D.
A land development plan shall be required whenever the application
for approval 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.
An applicant desiring to submit a tentative sketch plan shall
show the following information:
A.
The tract boundary and location by deed plotting.
B.
A North point and approximate scale.
C.
The existing and proposed road and lot (or building) layout, as applicable.
D.
Significant topographical and physical features, such as floodplains,
steep slopes, woodlands, and existing structures.
E.
Zoning requirements on the existing tract and adjacent property.
Applicants submitting a preliminary plan for subdivision shall
conform to the following standards:
A.
Drafting standards.
(1)
The scale of the plan shall not be smaller than 100 feet to the inch
and shall be accurate to within one part in 300.
(2)
Dimensions shall be in feet or meters and decimals and bearings in
degrees, minutes and seconds.
(3)
The plan shall show the courses and distances of the boundary line
survey of the entire land to be subdivided.
(4)
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. If
more than one sheet is necessary, each sheet shall be the same size
and consecutively numbered to show its relation to the total number
of sheets comprising the plan, i.e., Sheet No. 1 of 5 sheets, etc.
(5)
Where there are two or more sheets, a key map shall be provided sufficient
to show their relationship.
(6)
The plan shall be clear and legible and shall be so prepared and
bear an adequate legend to indicate clearly which features are existing
and which are proposed.
B.
Location and identification. Each plan shall provide:
(1)
A title consisting of the name and address of the subdivider, developer
or builder and the registered engineer, surveyor or qualified site
planner who developed the plan.
(2)
The name of the subdivision, its location in terms of significant
bounding roads and the name of the municipality.
(3)
The date of preparation of the plan, the scale and a North point.
(4)
The entire tract boundary with bearings and distances.
(5)
A key map relating the subdivision to at least three existing intersections
of Township roads, at a scale not less than 800 feet to the inch.
(6)
The zoning requirements or requirements of any Township ordinance
or resolution on and adjacent to the land to be subdivided.
C.
Existing and proposed features.
(1)
Within 400 feet of any part of the land being subdivided, the plan
shall show the location, names, width (both cartway and right-of-way),
radii and surface conditions of existing roads and alleys and any
proposed roads delineated on the Township's Ultimate Right-of-Way
Map, as well as the location of watercourses, flood-prone areas (not
limited to the established flood level and regulatory flood elevation,
where applicable, boundaries of flood-prone areas, flood or erosion
protective facilities), wetlands, steep slopes, sanitary sewers, storm
drains, utilities above or below the ground, any other man-made or
natural features having a significant impact on the ability of the
applicant to subdivide the land in question, and areas subject to
deed restrictions.
(2)
Within the land to be subdivided, the plan shall show the location,
names, widths and other dimensions, including center-line courses,
distances and curve data, paving widths, curblines, rights-of-way
and curbline radii at intersections and street location tie-ins, by
courses and distances to the nearest intersection of existing and
planned roads and alleys, as well as the location and size of existing
sanitary sewers and storm drains, watercourses and drainage flows,
boundaries of flood-prone areas (not limited to the established flood
level and regulatory flood elevation, where applicable, boundaries
of flood-prone areas, flood or erosion protective facilities), wetlands,
steep slopes and all other soil types, recreation areas, the location
and size of utilities above or below the ground, any other man-made
or natural features having a significant impact on the ability of
the applicant to subdivide the land in question, and areas subject
to deed restrictions.
(3)
The plan shall show contours at vertical intervals of two feet with
sufficient details to show the course, structure, and capacity of
all drainage facilities, and the method of drainage of the adjacent
or contiguous territory. In areas included within relatively level
tracts, contours may be shown at lesser intervals as may be necessary
for study as determined by the Township Engineer. In no case shall
the contour interval exceed 100 feet horizontally. Bench marks to
which contour elevations refer shall be noted. The datum shall refer
to USCGS (United States Coast and Geodetic Survey) datum.
(4)
The plan shall show the location and character of existing buildings;
the location, species and size of trees standing alone, and trees
greater than four inches in diameter when measured at a distance of
three feet from grade, the outer limits of tree masses; the location
of quarries, marshland, land subject to inundation, and other topographical
features which may affect the location of proposed roads or buildings.
(5)
The plan shall include a floodway restriction overlay indicating
types of soils and shall indicate that adequate precautions against
flood damage have been taken with respect to the design of any buildings
or structures located wholly or partially within a flood-prone area.
(6)
The plan shall show measured distances from the center line of existing
and proposed roads to existing and proposed buildings and to existing
and proposed trees and plantings.
(7)
The plan shall show the locations of all existing monuments with
references to them, the locations, size and ownership of all underground
utilities, and rights-of-way or easements within the property.
D.
Proposed improvements.
(1)
The plan shall show the layout of all streets, alleys and walkways,
including names and widths of cartways and rights-of-way.
(3)
The plan shall reference any land to be dedicated for public or common
use.
(4)
The plan shall show tentative grades to an existing road to a point
400 feet beyond the boundaries of the land being subdivided.
(5)
The plan shall show the location and size of sanitary sewers, storm
drains, culverts, watercourses, on-site sewage disposal facilities,
water mains, fire hydrants, planting, special structures, and all
appurtenances thereof.
(6)
The plan shall show all building setback lines with distances from
the right-of-way line.
(7)
The plan shall indicate those lots or areas which shall contain a
use or uses other than residential.
(8)
When there are existing buildings located on the land being subdivided,
the buildings to be demolished, as well as those to be retained, shall
be indicated.
(9)
The plan shall indicate the number of acres being subdivided; the
number of lots created; the type and number of buildings and their
character; the lineal feet of new roads; the lineal feet of roads
to be widened; and the minimum, maximum and average lot sizes.
(10)
The purpose, location, width and boundaries by dimensions of
all rights-of-way and/or easements proposed to be created for all
drainage purposes, utilities or other pertinent reasons.
(11)
The plan shall contain typical cross sections and center-line
profile for each proposed or widened cartway shown on the preliminary
plan, including the profile for proposed sanitary sewers and storm
drains, showing manholes, inlets and catch basins.
(12)
The plan shall show preliminary design of any bridges, culverts
or other structures and appurtenances which may be required.
E.
Certificates. Upon approval, the preliminary plan must show:
(1)
The signature of the subdivider, developer or builder certifying
his adoption of the plan and any changes thereto.
(2)
The signature of the Township Secretary and Township Engineer certifying
that the Township Commissioners have approved the plan and any changes
thereto on the date shown.
(3)
The words "Preliminary Plan. Not to be recorded" shall be shown on
the plan.
Applicants submitting a final plan for subdivision shall conform
to the following standards:
A.
The final plan must be submitted within six months of the date of
approval of the preliminary plan or otherwise such final plan shall
be subject to such amendments to existing ordinances as may have been
enacted in the intervening period and, if the Township so decides,
may require the submission of a new preliminary plan, application
and required filing fee.
B.
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 be smaller than 50 feet to
the inch with an appropriate vertical scale.
(2)
Information to be shown. The plan shall contain all the information
and details, both on site and off site, to provide working drawings
for the construction of the proposed subdivision roads, sewers, utilities,
erosion control, landscape and miscellaneous items, including all
appurtenances, as shown on the approved preliminary plan. Said information
shall include, but not be limited to:
(a)
Horizontal plan. The horizontal plan shall show details of the
horizontal layout, as follows:
[1]
Information shown on the approved preliminary plan.
[2]
The beginning and end of proposed immediate construction.
[3]
Stations corresponding to those shown on the profile.
[4]
The curb elevation at tangent points or 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
with distances between manholes, water, 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 species of all shade trees and the location
and type of fire hydrants and streetlights.
(b)
Profiles. The profile shall be a vertical section of the road
with details of vertical alignment as follows:
[1]
Profiles and elevations of the ground along the center lines
of proposed roads.
[2]
Profiles of sanitary sewers with a profile over the sewer of
the present and finished ground surface showing manhole locations
beginning at the lowest manhole.
[3]
Profiles of storm drains showing manhole and/or inlet locations.
(c)
Cross section. The cross section shall comply with the Township'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 road and the location and width of paving within the road.
[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 road and slopes of cut or fill
extended beyond the road.
[5]
The location, width, type and depth of sidewalks, when required.
[6]
The typical location, size and depths of sewers and utilities.
C.
Record plan.
(1)
Drafting standards. The same standards shall be required for a record
plan as for a preliminary plan. All lettering and lines should be
drawn so as to still be legible should the plan be reduced to half
size.
(2)
Existing features shall be shown within the boundary of the land
being subdivided or developed — location, names, widths, and
surface conditions of existing streets and alleys; existing right-of-way
lines, easement lines and curblines; location and size of existing
sanitary sewers, storm drains and water mains; location of watercourses
and drainage flows; location and character of existing buildings and
other significant features noted to remain or to be removed; location
of outer limits of tree masses, quarries, marshland and land subject
to inundation.
(3)
Information to be shown. The plan, which shall include all portions
of an approved preliminary plan, shall show:
(a)
A title, as required for a preliminary plan.
(b)
Evidence should be provided that the plans are in conformance
with the Zoning Ordinance and other applicable Township ordinances
and regulations. In any instance where such plans do not conform,
evidence shall be presented that an exception or variance has been
officially authorized.
(c)
The names of abutting owners; names, locations, widths and other
dimensions of all roads, alleys, and easements, including center-line
courses, distances and curve data; descriptive data of right-of-way
lines and easement lines so that a single deed may be drawn to the
appropriate authority for the dedication of roads by the subdivider,
developer or builder.
(d)
The layout and dimensions, with bearings and distances, of lots,
including consecutive numbering of lots and house numbers, building
setback lines with distances from the right-of-way lines, the total
area, net area, number of lots, area of each lot and minimum lot size.
(e)
The typical cross sections for each proposed road, indicating
location, width, type, thickness and crown of paving; type and size
of curbs; location, width, type and thickness of sidewalks.
(f)
The location of curblines, with radii at intersections; the
location and width of sidewalks and crosswalks.
(g)
The location and size of storm drains, sanitary sewers, culverts,
major structures, water mains, and fire hydrants.
(h)
The purpose of creating easements.
(i)
References to any land to be dedicated for public use.
(j)
The location, material and size of all monuments, with reference
to them.
(k)
Restrictions in the deed affecting the subdivision of the property.
(l)
The location of all wetlands and all floodplains.
(m)
Additional notes as required by the Township Engineer.
(4)
Certificates. When approved, the record plan must show:
(a)
The signature of the registered engineer or surveyor certifying
that the plan represents a survey made by him; that the monuments
shown thereon exist as located; and that the dimensional and geodetic
details are correct.
(b)
An acknowledgement as follows:
[1]
Where the owner(s) are individual, all shall join as follows:
|
COMMONWEALTH OF PENNSYLVANIA
| |
|
SS.
| |
|
COUNTY OF MONTGOMERY:
| |
|
On the _____ day of __________, 20___, before me, the Subscriber,
a Notary Public of the Commonwealth of Pennsylvania, residing in _____
County, personally appeared _________________, _________________.
| |
|
(Owners) _________________, _________________, known to me (or
satisfactorily proven) to be the person(s) whose name(s) (is/are)
subscribed below, and acknowledge that (he/she/they) (is/are) the
registered (owner/owners) of the designated land; that all necessary
approval of the plan has been obtained and is endorsed thereon, and
that (he/she/they) desire that the foregoing plan be recorded according
to law.
| |
|
WITNESS my hand and notarial seal the day and year aforesaid.
| |
|
(Signature of Owner)
|
Notary Public
|
|
My Commission Expires:
| |
|
(Signature of Owner)
| |
[2]
Where the owner is a corporation:
|
COMMONWEALTH OF PENNSYLVANIA
| |
|
SS.
| |
|
COUNTY OF MONTGOMERY:
| |
|
On the _____ day of _____, 20_____, before me, the Subscriber,
a Notary Public of the Commonwealth of Pennsylvania, residing in _____
County, personally appeared _____, who acknowledged (himself/herself)
to be the _____
| |
|
(President or Secretary of) (Name of Corporation) a corporation,
and that as such, being authorized to do so, (he/she) executed the
foregoing plan by signing that the said corporation is the registered
owner of the designated land, and all necessary approvals of the plan
have been obtained and are endorsed thereon; that said corporation
desires that the foregoing plan be recorded according to law.
| |
|
WITNESS my hand and notarial seal, the day and year aforesaid.
| |
|
(Signature of Officer)
|
NOTARY PUBLIC
|
|
My Commission Expires:
| |
|
(Title)
(Corporate Seal)
| |
|
Recorded in the Office of Recorder of Deeds of Montgomery County,
Norristown, Pennsylvania in Plan Book _____, Page _____, on the _____
day of _____________, 20___.
| |
[3]
Approval Notation by the Township shall be as follows:
|
Approved by the Board of Commissioners of Upper Moreland Township
this _____ day of ______________, 20___.
| |
|
President
| |
|
Attest:
| |
|
Township Secretary
| |
|
Township Engineer
| |
(c)
The following legend shall be required on all subdivision plans:
"No lots, pieces thereof or parcels of ground or sections of this
subdivision shall be sold, transferred, conveyed, leased or occupied,
and no permit to erect, alter or repair any building shall be issued
unless or until the public improvements required by the Township of
Upper Moreland have been installed to the satisfaction of the Township
Engineer, or satisfactory financial security therefor has been furnished
to and accepted by the Township."
(d)
The applicant shall place upon the plan for all existing parcels
the applicable tax parcel numbers as assigned by the Board of Assessments
Appeals of Montgomery County.
Applicants submitting a land development plan shall be required
to conform to the following plans:
A.
Tentative sketch plan. A tentative sketch plan shall be submitted with the applicable information in § 300-51.
B.
Preliminary plan. A preliminary plan shall be submitted with the applicable information in § 300-52, with additional information to be shown as follows:
(1)
All covenants relating to use.
(2)
The total area, net area, total dwelling units and proposed density
(if applicable) and/or intensity of use including the bedroom mix
(if applicable), building coverage, and total parking spaces.
(3)
The arrangement and locations of all buildings, roads and parking
areas.
(4)
The lot size, floor area or gross leasable area, as applicable.
(5)
The location and placement of accessory structures and facilities.
(6)
The areas of common open space or facilities.
(7)
A conceptual site utilization layout defining the general locations
of all proposed uses and activities.
(8)
Specifications for required improvements and changes to be effected
upon the existing terrain or existing structures thereon.
C.
Final plan. A final plan shall be submitted with the applicable information in § 300-53, with additional information to be shown, as follows:
(1)
(2)
Record plan.
(a)
All covenants relating to use.
(b)
The total area, net area, total dwelling units and proposed
density (if applicable) and/or intensity of use including the bedroom
mix (if applicable), building coverage, and total parking spaces.
(c)
The arrangements and locations of all buildings, roads, and
parking areas, including typical sections for same.
(d)
The lot size, floor area or gross leasable area, as applicable.
(e)
The location and placement of accessory structures and facilities.
(f)
The areas of common open space or facilities.
The following plan processing procedures shall be followed by
all applicants for approval of a subdivision or land development plan.
B.
Each plan, whether tentative, preliminary or final, shall be filed
one at a time; no subsequent plans shall be filed until a decision
on the preceding plan has been reached. As each plan is filed, an
electronic copy of the plan in .pdf or other electronic means acceptable
to the Township shall also be filed with the Township in addition
to the paper copy.
[Amended 9-12-2011 by Ord. No. 1602]
C.
When the decision reached concerning an application for approval of a specific plan results in a denial of the plan, then the applicant, when and if he should reapply requesting approval of the plan, shall do so in accordance with the plan sequence outlined in § 300-55A herein, and the additional procedures below.
D.
Applications for approval of a subdivision or land development plan
shall be received by the Township Department of Licenses and Permits.
Submittal and processing of plans and specifications for such plans
shall accompany the applications.
E.
The applicant or his agent shall be required to appear in person
at the Township Building in order to make application for approval
of a plan and file plans therewith.
F.
Schedule of plan processing steps.
(1)
The following number of copies of each plan shall be submitted with
the application to the Township:
(2)
Additional copies of plans shall be provided to the Township, at
no cost, for submission to other regulatory agencies having jurisdiction,
such as but not limited to:
(4)
A cursory examination of the plan will be conducted to ensure basic
compliance with the plan submission requirements of this article.
(5)
The Township Planning Commission and Board of Commissioners shall
act on a tentative sketch plan within 40 days and shall render its
decision and communicate same to the applicant not later than 90 days
following the date of the regular meeting of the Board of Commissioners
next following the date the application is filed. Should the next
regular meeting of the Board of Commissioners occur more than 30 days
following the filing of the application, the said ninety-day period
shall be measured from the 30th day following the day the application
was filed. The following optional consequences shall result from action
by the Board:
(a)
If the Board approves the plan, the Township Secretary will
so certify thereon, and two copies of the approved plan will be forwarded
to the applicant.
(b)
The Board may conditionally approve a plan, in which case the
applicant shall submit a plan at a subsequent Board meeting to demonstrate
compliance with the conditions stipulated.
(c)
If the Board disapproves the plan, the Township will notify
the applicant, in writing, of the defects in the application and will
describe the requirements which have not been met.
(d)
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 plan is to be rendered;
in which case the Board of Commissioners shall render a decision and
communicate it, in the prescribed manner, to the applicant before
termination of the extended time period.
(6)
Approval will be effective for a period of three years, unless extended
by the Board. Where final approval is preceded by preliminary approval,
the three-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 Township ordinances
or state law should effectuation of the approved plan not be completed
within the prescribed three-year period.
(7)
The Township Planning Commission may, in the interest of highway
safety and the safety of the area residents and in order to promote
orderly community development, require the owner/developer of any
large commercial complex such as shopping centers, industrial parks
or plants, housing projects, apartment complexes, major educational
or recreational facilities and other significant traffic generators
to meet jointly with representatives of the Township and County planning
commissions and the Pennsylvania Department of Transportation to ultimately
achieve the best possible design from the standpoint of traffic.
(8)
The final plan will not be formally approved by the Board of Commissioners
unless the required improvements have been constructed and/or installed
in strict accordance with Township standards and specifications or
the Township is assured by means of a proper completion guarantee
in the form of a bond or the deposit of funds or securities in escrow
sufficient to cover the cost of the improvements, as estimated by
the Township Engineer, that the improvements will subsequently be
installed.
(9)
In the event that the Board of Commissioners determines to approve
a subdivision or land development plan, whether preliminary or final,
conditioned upon the performance of any act or the obtaining of any
other approval or permit by the applicant, such conditional approval
shall be subject to the acceptance, in writing, of such conditions
by the applicant and, in the event that the applicant fails to accept
any such conditions or the rejection of any of the conditions by the
applicant, the approval of a plan shall be rescinded automatically
without the necessity of any action by the Board of Commissioners
within 10 days of the date of the meeting at which such conditional
approval was granted upon either the applicant's failure to execute
the written acceptance or upon the rejection of such conditions by
the applicant.
[Amended 9-12-2011 by Ord. No. 1602]
A.
Upon approval
of a final plan of subdivision or land development, four paper prints,
bearing all required acknowledgments and signatures on behalf of the
applicant, shall be submitted to the Township for signatures and recording.
In addition, any and all plans shall be in .pdf and AutoCAD format
or other electronic means acceptable to the Township at the time the
plans are submitted for recording.
B.
Within
30 days of such final submittal, the plan shall be recorded in the
office of the Recorder of Deeds. The applicant shall bear the expense
of such recording. One paper plan shall be returned to the Township
bearing the review stamp of the Montgomery County Planning Commission.
A.
At the same time that the applicant shall submit any plan required under § 300-50, the applicant shall post on a conspicuous place along all street frontages of the tract which is the subject of such plan a public notice on a sign obtained from the Township Department of Code Enforcement, giving notice of the submission of a plan affecting said tract and setting forth the location of the Township office where a copy of the plan or plans may be reviewed and additional information obtained. There shall be not less than one sign for every 500 feet of frontage or fraction thereof. In the event that the tract does not have any street frontage, as, for example, being located off of a private street or road, one such sign shall be posted on a conspicuous location on the property and one shall be posted on the nearest public street to which such private street or road connects. It shall be the obligation of the applicant to maintain or replace, as needed, such public notice signs for a period of not less than 30 days from the initial posting.
B.
At least 10 days prior to the date of the meeting at which it is expected that the Board of Commissioners shall grant either preliminary or final approval of the plan or plans, the applicant shall re-post, in accordance with the requirements of Subsection A above, a public notice on a sign obtained from the Township Department of Code Enforcement, giving notice of the proposed preliminary or final approval of a plan affecting said tract and setting forth the location of the Township office where a copy of the plan or plans may be reviewed and additional information obtained.
C.
The requirements of this section may be waived, and the failure to
maintain the required posting shall not invalidate either the review
or approval of any plan when the applicant makes a good faith effort
to comply with the requirements hereof, but which effort is frustrated
by vandalism or removal of the required notices by any third party
not acting on behalf of or at the behest of the applicant.
A.
An applicant for an improvement that meets the definition of a "de
minimis improvement" may elect to proceed under this section.
B.
An applicant who elects to proceed under these provisions shall submit,
together with appropriate fees, the following: 1) a de minimis improvement
application; and 2) a building permit application setting forth the
proposed improvement, including such information as may be necessary
to determine what grading, paving or other construction creating changes
to the land are proposed. The Director of Code Enforcement shall review
or cause to be reviewed such information in accordance with the applicable
ordinances of the Township.
C.
Upon completion of the appropriate review, the applicant shall agree, in writing, to those conditions or requirements, consistent with the provisions of this chapter, as may be necessary to carry out the intent of this chapter and which would have been applicable if the proposed improvements were required to proceed through a full plan review under the provisions of Article VI of this chapter. Upon compliance, the application shall be approved and the appropriate permits shall be issued. In the event that the applicant elects not to agree to the proposed conditions or requirements, the applicant shall have the option to resubmit plans in accordance with the provisions of this Article VI and to proceed in accordance with a land development review under its provisions.
