Whenever a subdivision of land or land development is desired
to be effected in the Township of Susquehanna, Dauphin County, Pennsylvania,
a plan of the layout of such subdivision or land development shall
be prepared, filed and processed according to the requirements of
this Chapter.
1.
Prior to the filing of a subdivision or land development plan for
review and approval, the applicant is encouraged to submit a sketch
plan to the Planning Commission for advice on the requirements necessary
to achieve conformity with the standards of this and other applicable
municipal ordinances, as well as, to alert the applicant to other
factors which must be considered in the design of the subdivision
or land development. Sketch plans are not mandated.
2.
The plan shall be clearly labeled "Sketch Plan" and should include
sufficient information to clearly indicate the character and extent
of the proposed subdivision or land development and its relationship
to existing conditions and facilities within the area in which it
is to be located. It is recommended that sketch plan submissions include
a map covering sufficient area to establish the location of the site
and an informal plan of any existing or proposed streets, and easements,
and buildings, lot arrangement, utilities. It is further recommended
the Existing Resources And Site Analysis Plan be available to show
the topographic, physical, and man-made features, including fields,
pastures, meadows and wooded areas; trees, hedgerows, and other significant
vegetation; steep slopes (over 25%); rock outcrops; ponds, ditches,
and drains; dumps and storage tanks; streams within 200 feet of the
tract; and man-made features such as structures, foundations, walls,
wells, trails, and abandoned roads.
3.
Prior to the preparation of any plans, the applicant should consult
the Dauphin County Conservation District representative concerning
the preparation of plans for erosion and sedimentation control.
4.
The applicant shall determine the accessibility of public sewerage
and public water to the development site.
A.
If the site is located within an area planned or currently receiving
public sewer and/or water services, the applicant shall consult with
the Municipal Authority and/or appropriate water utility.
B.
Water Supply. If water is to be provided by means other than private
wells owned and maintained by the individual owners of lots within
the subdivision or development, applicants shall present evidence
to the Board of Commissioners that the subdivision is to be supplied
by a certified public utility, a bona fide cooperative association
of lot owners, or by a municipal corporation authority or utility.
A copy of a Certificate of Public Convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement or a commitment or agreement to serve the
area in question, whichever is appropriate, shall be acceptable.
C.
If on-site sewer systems are applicable, soil suitability testing
shall be required and verified by the local Sewage Enforcement Officer.
5.
At this stage, the Commission shall assist the applicant in determining
whether or not the site is located in an identified flood hazard area,
in which case applicable floodplain management requirements shall
be complied with.
Where six or fewer lots are proposed to be subdivided from a tract of land or where land is being transferred to be combined with an existing lot, the Board of Commissioners, being advised by the Planning Commission, in response to a written request by the applicant, may waive the requirements of preliminary plan requirements, provided such proposal is on an existing street and no new streets are involved. In such cases the applicant shall submit a final plan as follows: The final plan shall be submitted and processed as required by § 22-406, Final Plans: Procedure, and contain the following data and plan specifications:
A.
Submit an erosion and sedimentation control plan as required by the Pennsylvania Clean Streams Law, and the Pennsylvania Department of Environmental Protection, Erosion Control Rules and Regulations (Title 25, Part 1, Subpart C, Article II, Chapter 102), with the erosion control measures set forth in the Erosion and Sediment Pollution Control Manual prepared by the Department of Environmental Protection.
B.
Ten copies and one reproducible sepia of the plan prepared by a registered
surveyor or engineer on sheets no larger than 24 inches by 36 inches
clearly labeled "Final Plan" shall be submitted containing the following
information:
(1)
Outline of the property from which the lot or lots are being
subdivided.
(2)
Bearings and distances of the property taken from the property
deed, including the primary control point.
(3)
Adjacent landowners' names.
(4)
Location on the property map of existing streets, streams, and
woods.
(5)
A separate drawing of the proposed lot (scale one inch equals
100 feet) with lot area, lot number, lot dimensions, bearings and
distances of lot lines, existing street right-of-way and street name
and number, building setback lines and contours, with a five-foot
interval.
(6)
A location map on the plan (minimum scale one inch equals 1,000
feet) showing property location, streets and other pertinent information.
(7)
Name of the Zoning District in which the site is located.
(8)
Additional data required on the plan:
(a)
Name, address, and telephone number of owner or applicant.
(b)
Name, address, and telephone number and seal of professional
engineer certifying engineering aspects and professional land surveyor
certifying accuracy of plan survey (as defined herein). (Example contained
in Exhibit I[1] herein.)
[1]
Editor's Note: Exhibit I is included as an attachment to this
Chapter.
(c)
Date of plan preparation.
(d)
Municipality where property is located.
(e)
North point and scale.
(f)
Certification of ownership and dedicatory statement signed by
owner. (Example contained in Exhibit I herein.)
(g)
Notary public and recording statement. (Example contained in
Exhibit I herein.)
(i)
Location and description of survey monuments shown on the plan.
(j)
Proposed protective covenants running with the land, if any.
(k)
Reference to recorded subdivision plans of adjoining planned
land and by recorded name, date and number.
(l)
When applicable, a copy of the Sewage Module for Land Development
or other equivalent documentation approved by the Department of Environmental
Protection in compliance with the requirements of the Pennsylvania
Sewage Facilities Act and Chapter 71 of Title 25 of the Pennsylvania
Code.
(m)
Compliance with § 22-405(1)(A)(13) and § 22-405(1)(A)(14)
of this Chapter pertaining to applications located in a flood hazard
area.
(n)
Such other data as may be required by the Planning Commission
or Board of Commissioners in the enforcement of this Chapter.
1.
The applicant, 17 days prior to the meeting of the Commission at
which consideration is desired, shall file with the Code Enforcement
Officer 11 copies of a preliminary plan of the proposed subdivision
or land development and other required data and maps. The applicant
shall submit concurrently, with the preliminary plan, four copies
of the sewage Plan Revision Module for Land Development. One copy
of the site or land development plan shall be submitted and will be
reviewed by the Public Safety Committee for ingress/egress of roads,
fire hydrants, and general layout.
2.
It is at the discretion of the applicant whether he/she submits a
preliminary plan or a preliminary/final plan. However, submission
of the preliminary/final plan excuses the applicant from submitting
a separate preliminary plan and stands as both a preliminary and final
plan.
4.
The Commission shall submit copies to the Board of Commissioners,
the County Planning Commission and Municipal Authority, School Board,
the Traffic Safety Department, Dauphin County Conservation District,
Pennsylvania, Department of Environmental Protection and other public
agencies. The Board of Commissioners, upon the recommendation of the
Commission, shall act on any such preliminary plan not later than
90 days following the date of the regular meeting of the Board of
Commissioners or the Planning Commission (which ever first reviews
the application) following the day the application is filed, provided
that should the said next regular meeting occur more than 30 days
following the filing of the application, the said ninety-day period
shall be measured from the 30th day following the day the application
has been filed. In the event that any modification of requirements
from this Chapter is requested by the applicant or is deemed necessary
by the Commission for approval, the alteration and the reason for
its necessity shall be entered in the records of the Commission.
5.
The Dauphin County Planning Commission shall review the preliminary
plan and Data and shall return one copy of a written report stating
their suggestions for modifications and design changes to the Planning
Commission within 45 days of their receipt of same or forfeit their
right to review.
6.
The Board of Commissioners shall determine whether the preliminary
plan shall be approved, or disapproved, and shall notify the applicant
in writing thereof, including, if approved with conditions or disapproved,
a statement of reasons for such action, not later than 15 days following
the decision. If said preliminary plan shall be approved with conditions,
the applicant shall either accept or reject said conditions, in writing
addressed to the Board of Commissioners, not later than 45 days following
the date of said decision. Should the applicant reject said conditions,
fail to fulfill said conditions or fail to communicate his rejection,
acceptance or fulfillment of said conditions in writing addressed
to the Board of Commissioners within said forty-five-day period, the
approval, with conditions of the preliminary plan shall be deemed
to be rescinded and said preliminary plan shall be deemed to be disapproved
without further action by the Board of Commissioners.
7.
Before acting on any subdivision plan, the Board of Commissioners
may hold a public hearing thereon after public notice.
8.
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of this Chapter, statute or other ordinance relied
upon.
9.
Failure of the Board of Commissioners to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed an approval of the application in terms as presented
unless the applicant has agreed in writing to an extension of time
or change in the prescribed manner of presentation of communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect. (A sample Agreement to Extend the Time for Rendering and Communicating
a Decision on Certain Preliminary and/or Final Subdivision Plans is
contained in Exhibit III[1] herein.) An extension of time shall not be exceeded more
than twice in one year from the original date of filing without a
refilling fee of 50% of the first fee.
[1]
Editor's Note: Exhibit III is included as an attachment to
this Chapter.
10.
Approval of the preliminary plan constitutes approval of the proposed
subdivision or land development with respect to the general design,
the approximate dimensions and other planned features. Preliminary
approval binds the developer to the general scheme of the plan as
approved. Preliminary approval does not authorize the recording, sale
or transfer of lots or the installation of improvements.
1.
The following shall be submitted in application for review and approval
of a preliminary plan.
A.
Ten copies and one reproducible sepia of map or series of maps or
sheets not larger than 24 inches by 36 inches drawn to scale not smaller
than 100 feet to one inch, unless otherwise specified herein, clearly
labeled "Preliminary Plan," and showing the following. All plans shall
be accompanied by a dated transmittal letter and the required fee.
(1)
The development or property name.
(2)
The owner's or applicant's name, address and telephone number.
(3)
The municipality in which the plan is located.
(4)
Name, address, telephone number and seal of the professional
engineer certifying engineering aspects and professional land surveyor
certifying accuracy of plan survey (as defined herein). (Example contained
in Exhibit I[1] herein.)
[1]
Editor's Note: Exhibit I is included as an attachment to this
Chapter.
(5)
North point and scale.
(6)
A diagram, at a scale not less than 1,000 feet to one inch,
covering sufficient area to establish the location of the site within
the Township.
(7)
Existing natural features, such as watercourses, marshes, rock
outcrops and wooded areas.
(8)
All existing buildings, sanitary and storm sewers, water mains,
culverts, fire hydrants and other significant man-made features on
or adjacent to the tract or any approved recorded plans.
(9)
Existing contours at vertical intervals of five feet or less
as required by the Planning Commission.
(10)
The layouts, names, and widths of the right-of-way, cartway
and paving of proposed streets, alleys and easements. The plan shall
also show the layout, names and widths of rights-of-way cartways and
paving of streets, alleys and easements which are adjacent to or connect
to those proposed on the plan and the plan shall coordinate with existing
or already approved streets, alleys and easements.
(11)
The layout of lots showing approximate dimensions, lot numbers,
and approximate area of each lot.
(12)
Parcels of land intended to be dedicated or reserved for schools,
parks, playgrounds, parking areas, common open space, or other public,
semi-public or community purposes. All parcels to be dedicated shall
designate the time or the development stage at which the dedication
will occur and the entity to which dedication shall be made. Reservations
or dedications, if any, by the developer of any area designated for
use as public grounds shall be suitable in size and location for their
designated purposes and uses.
(13)
A map showing the location of the proposed subdivision and/or
land development with respect to any identified floodplain area or
district, including information on the one-hundred-year flood elevations.
(14)
Where the subdivision and/or land development lies partially
or completely within any identified floodplain area or district, or
where such activities border on any identified floodplain area or
district, the preliminary plan shall include the following information:
(a)
Location and elevation of benchmark, proposed roads, utilities,
and building sites, fills, flood or erosion protection facilities.
(b)
The One-hundred-year flood elevations.
(c)
Areas subject to special deed restrictions.
(d)
All such maps shall show contours at intervals of two or five
feet depending upon the slope of the land and identify accurately
the boundaries of the identified floodplain areas or districts.
(15)
Streets in and bordering a subdivision or land development shall
be coordinated, and be such widths and grades and in such locations
as necessary to accommodate perspective traffic and facilitate fire
and police protection and streets must coordinate with existing structures,
buildings and topography in existing neighboring developments.
(16)
Easements and rights-of-way shall be provided for drainage and
utilities.
(17)
A Type-1 buffer yard as defined in the Susquehanna Township Zoning Ordinance, § 27-2106, shall be provided for and be shown on a plan reflecting a natural screen or, if no natural screen exists, landscaping, of not less than 10 feet, for all residential developments in excess of 20 units and a buffer of not less than 15 feet shall be shown on all development of a nonresidential use bordering an existing residential use.
(18)
Streetlighting facilities shall be provided in all developments,
irrespective of whether the streets and/or driveways are proposed
for dedication to the Township or to be privately maintained. Streetlights
shall be provided and shown on both the preliminary and final plans
at all intersections of newly developed streets with existing streets,
all street intersections within new developments, at the end of each
cul-de-sac permanently designed as such and at other locations as
deemed necessary by the Planning Commission and Board of Commissioners.
The streetlights shall conform to the standard specifications provided
by the local electric utility company and be installed and paid for
by the developer prior to either the acceptance of publicly dedicated
streets or certificates of occupancy issued for private streets and
buildings. Other types of streetlighting facilities, for the purpose
of providing aesthetic or architectural character, may be installed
within the developments, but not as a substitute for the location
of the facilities mentioned above. Exceptions to the requirements
to provide streetlighting facilities shall be allowed only upon approval
by the Board of Commissioners.
(19)
The Four-Step Design Process is the recommended process to be
used for laying out Conservation Design Subdivision in accordance
with Part 17 of the Susquehanna Township Zoning Ordinance and other
environmentally constrained sites. The Four-Step Process is shown
on Exhibit VIII[2] herein.
[2]
Editor's Note: Exhibit VIII is included as an attachment to
this Chapter.
(20)
Parcels of land intended to be dedicated or reserved for schools,
parks, playgrounds, parking areas, common open space, greenways or
other public, semi-public or community purposes.
2.
The preliminary plan shall be accompanied by the following data and
plans:
A.
A profile of each street, including grades.
B.
Location of existing and proposed utility mains, and location of existing and, as required by § 22-407, proposed streetlighting facilities.
C.
Location plans of proposed sanitary, stormwater or combined sewers
and of any proposed water distribution systems.
D.
A profile of the proposed sanitary and storm sewers and waterlines,
with invert elevations and connections to existing systems.
E.
A preliminary Erosion and Sedimentation Control Plan together with
a report of the County Conservation District indicating whether a
permit for earth-moving activity is required from the Department of
Environmental Protection under the Rules and Regulations, Chapter
102, Erosion Control, P.L. 1987, June 22, 1937, as amended.
F.
A completed sewage Plan Revision Module for Land Development to comply
with the planning requirements of the Pennsylvania Sewage Facilities
Act and Section 71.16 of Chapter 71 of Title 25 of the Pennsylvania
Code for submission by the Township to the Department of Environmental
Protection.
G.
Evidence in writing, where 100 or more dwelling units are proposed
in a subdivision or land development, from the school district in
which the subdivision or land development is located containing the
review and comments of the school district on the proposed development.
H.
A copy of a report, where deemed necessary by the Board of Commissioners
and/or Municipal Engineer, indicating an estimated volume of vehicular
traffic movement and the adequacy of the proposed and existing streets
and highways to carry the traffic both within and beyond the proposed
development including possible solutions to such problems as may be
thereby identified.
I.
A copy of a report, where deemed necessary by the Board of Commissioners
and/or Municipal Engineer, indicating the general arrangement for
stormwater drainage, the estimated volume of water to be generated
and the effect of such volumes on the drainageways or streams within
the development and that projected volumes can be accommodated by
the existing drainage facilities or streams beyond the proposed development.
J.
An Existing Resources and Site Analysis Plan with a Preliminary Resource
Impact and Conservation Report for all Conservation Design Subdivisions
as described in Part 17 of the Susquehanna Township Zoning Ordinance,
and for other developments deemed necessary by the Planning Commission
due to the abundance of environmentally sensitive features on the
proposed site and containing the following information:
(1)
The Existing Resources and Site Analysis Plan shall be prepared
to provide the developer and the Township with a comprehensive analysis
of existing conditions, both on the proposed development site and
within 500 feet of the site. Conditions beyond the parcel boundaries
may be described on the basis of existing published data available
from governmental agencies, and from aerial photographs.
(2)
The Township shall review the plan to assess its accuracy, conformance
with municipal ordinances, and likely impact upon the natural and
cultural resources on the property. Unless otherwise specified by
the Planning Commission, such plans shall generally be prepared at
the scale of one inch equals 100 feet or one inch equals 200 feet,
whichever would fit best on a single standard size sheet of 24 inches
by 36 inches. The following information shall be included in this
plan:
(a)
A vertical aerial photograph enlarged to a scale not less detailed
than one inch equals 400 feet, with the site boundaries clearly marked.
(b)
Topography, the contour lines of which shall generally be at
two-foot intervals, determined by photogrammetry (although ten-foot
intervals are permissible beyond the parcel boundaries, interpolated
from U.S.G.S. published maps). The determination of appropriate contour
intervals shall be made by the Planning Commission, which may specify
greater or lessor intervals on exceptionally steep or flat sites.
Slopes between 15% and 25% and exceeding 25% shall be clearly indicated.
Topography for major subdivisions shall be prepared by a professional
land surveyor or professional engineer from an actual field survey
of the site or from stereoscopic aerial photography and shall be coordinated
with official U.S.G.S. benchmarks.
(c)
The location and delineation of ponds, streams, ditches, drains,
and natural drainage swales, as well as the one-hundred-year floodplains
and wetlands. Additional areas of wetlands on the proposed development
parcel shall also be indicated, as evident from testing, visual inspection,
or from the presence of wetland vegetation.
(d)
Vegetation cover conditions on the property according to the
general cover type including cultivated land, permanent grass land,
meadow, pasture, old field, hedgerow, woodland and wetland, trees
with a caliper in excess of 15 inches, the actual canopy line of existing
trees and woodlands. Vegetative types shall be described by plant
community, relative age and condition.
(e)
Soil series, types and phases as mapped by the U.S. Department
of Agriculture, Natural Resources Conservation Service in the published
soil survey for the county, and accompanying data published for each
soil relating to its suitability for construction (and in unsewered
areas for septic suitability).
(f)
Ridge lines and watershed boundaries shall be identified.
(g)
Geologic formations on the proposed development parcel, including
rock outcroppings, cliffs, sinkholes, and fault lines, based on available
published information or more detailed data obtained by the applicant.
(h)
All existing man-made features including but not limited to
buildings, streets and culverts, driveways, farm roads, woods roads,
buildings, foundations, walls, wells, drainage fields, dumps, utilities,
fire hydrants, storm and sanitary sewers and water mains.
(i)
Locations of all historically significant sites or structures
on the tract, including but not limited to cellarholes, stone walls,
earthworks, and graves.
(j)
Locations of trails that have been in public use (pedestrian,
equestrian, bicycle, etc.).
(k)
All easements and other encumbrances of property, which are
or have been filed of record with the Recorder of Deeds of Dauphin
County shall be shown on the plan.
(3)
The Preliminary Resource Impact and Conservation Report shall
contain a report and map of impact areas which clearly demonstrates
the impact of proposed development activities and physical alterations
on existing site resources and measures taken to minimize site disturbance
to the greatest extent practicable. The qualifications and experience
of the preparer shall be provided.
K.
Adjusted Tract Area (ATA) calculations for all Conservation Design
Subdivisions as described in Part 17 of the Susquehanna Township Zoning
Ordinance, showing the total acreage of the tract and the constrained
land area with detailed supporting calculations.
(2)
Constrained land equals the sum of the following:
(a)
All land within the rights-of-way of existing public streets
or highways, or within the rights-of-way for existing or proposed
utility lines.
(b)
All land under existing private streets.
(c)
Wetlands: multiply the acreage of designated wetlands by 0.95.
(d)
Floodway: multiply the acreage within the floodway by 1.0.
(e)
Floodplains: multiply the non-wetland portion of the one-hundred-year
floodplain by 0.50.
(f)
Steep slopes: multiply by the acreage of land with natural ground
slopes exceeding 25% by 0.80.
(g)
Moderately steep slopes: multiply by the acreage of land with
natural ground slopes of between 15% and 25% by 0.60.
(3)
If a portion of the tract is underlain by more than one natural
feature, the acreage shall be subject to the most restrictive feature
(example: a feature multiplied by a factor of 0.80 would be more restrictive
than a feature multiplied by 0.60).
(4)
Natural features that are located in a portion of the tract
which includes rights-of-way and streets described in § 22-405(2)(K)(2)(a)
and (b) above, shall not be deducted in calculating the adjusted tract
area.
(5)
The maximum number of permitted dwelling units equals the adjusted
tract area divided by the density factor for the tract as indicated
in Part 17 of the Susquehanna Township Zoning Ordinance.
L.
Yield Plan (conventional subdivision design) — Optional method in addition to the Adjusted Tract Area calculations, § 22-405(2)(K) above, for calculating density in conservation design subdivisions and in accordance with Part 17 of the Susquehanna Township Zoning Ordinance. The yield plan shall be based upon the density factor of the chosen option applied to the gross tract acreage. The yield plan shall meet the following requirements:
(1)
The plan shall be prepared as a conceptual, realistic layout
in accordance with the standards herein. The plan shall be drawn to
scale. The plan shall take into consideration existing natural features
of the area. The plan is not required to be based on a field survey.
(2)
The plan shall use the density factor of options 1 or 2 as minimum
lot area and the standards of the underlying districts.
(3)
No more than 20% of the minimum required lot area may consist
of land within the one-hundred-year floodplain and only then if it
is free of wetlands.
M.
Preliminary Greenway/Open Space Lands and Common Facilities Ownership and Management Plan for all subdivisions and land developments which include greenways/open space lands. Using the preliminary plan as a base map, the boundaries, acreage and proposed ownership of all proposed greenway areas shall be shown. In addition, the applicant shall also submit a Preliminary Greenway Ownership and Management Plan detailing the entities responsible for maintaining various elements of the property, and describing management objectives and techniques for each part of the property. Such management plans shall be consistent with the requirements of § 27-2116 of the Township Zoning Ordinance ("Ownership and Management of Greenway Land and Common Facilities").
N.
Mixed-Use Development Land Development Calculations. The following
information and calculations shall be provided for developments with
a mixture of residential and nonresidential uses on the same tract
or in the same building (mixed-use developments) as permitted in the
Susquehanna Township Zoning Ordinance.
(1)
A listing of the category of uses to be developed. Different
types of nonresidential uses (e.g., office, institutional, recreational)
are not required to be listed separately. Residential uses shall be
listed by dwelling unit type, including single-family detached, single-family
semi-detached, single-family attached and multiple family, as defined
and permitted in the Susquehanna Township Zoning Ordinance. Permitted
accessory commercial uses contained in buildings occupied by one or
more of the permitted principal uses are not required to be listed.
(2)
The percentage of the development to be devoted to nonresidential
uses and each type of residential dwelling unit shall be provided
by the developer/applicant. Under no circumstances shall the percentage
of the development of various categories when added together exceed
100%.
(3)
The percentage of nonresidential and residential dwelling unit types provided in subsection N(2) above shall be applied to the development tract and converted to acres for each category of nonresidential and residential dwelling unit type. The calculated acreage shall be used by the developer/applicant for the calculation of density and maximum and minimum coverages, whichever are applicable, regardless if it is to be developed on a separate area of the parcel or in a mixed-use building. An example is provided in Exhibit IX,[4] herein.
[4]
Editor's Note: Exhibit IX is included as an attachment to
this Chapter.
(4)
The maximum dwelling units by type shall be determined based
on the calculated acreage and the applicable district, bulk and area
requirements from the Susquehanna Township Zoning Ordinance. The maximum
dwelling units on the tract shall be the sum of all maximum dwelling
units by type.
(5)
The maximum building coverage and maximum lot coverage in acres for the tract shall be the sum of the maximum acreage required for all residential acres, plus the maximum acreage required for the nonresidential acres calculated in subsection N(3) above and in accordance with the applicable district of the Susquehanna Township Zoning Ordinance, unless otherwise stipulated in the district regulations.
(6)
The minimum vegetative coverage shall be the sum of the minimum acreage required for all residential acres plus the minimum acreage required for the nonresidential acres calculated in subsection N(3) above and in accordance with the applicable district of the Susquehanna Township Zoning Ordinance, unless otherwise stipulated in the district regulations.
(7)
For mixed-use buildings with nonresidential uses (multiple family)
the minimum lot width shall be 150 feet, unless otherwise stipulated
in the Zoning Ordinance district regulations.
1.
The applicant shall, not later than 12 months after the date of approval of the preliminary plan, for that portion he intends to develop, file with the Township Code Enforcement Officer a final plan. Such filing shall include as part of the formal submission all the material and other data required under the final plan specifications as listed in § 22-407 of this Chapter. Failure to comply with the time limitation herein provided shall make the approval of the preliminary plan null and void unless an extension of time is granted in accordance with § 22-404(9) herein.
2.
The final plan shall incorporate all the changes and modifications
required by the Board of Commissioners; otherwise it shall conform
to the approved preliminary plan, and it may constitute only that
portion of the approved preliminary plan which the applicant proposes
to record and develop at the time, provided that such portion conforms
with all the requirements of this Chapter.
3.
One reproducible linen (or other reproducible material of equal quality)
copy of the final plan and 11 prints shall be filed by the applicant
with the Township Code Enforcement Officer 17 days prior to the meeting
of the Planning Commission at which meeting consideration is desired.
One copy of the site or land development plan shall be submitted and
will be reviewed by the Public Safety Committee for ingress/egress
of roads, fire hydrants, and general layout.
4.
Completion of Improvements or Guarantee Thereof Prerequisite to Final
Plan Approval.
A.
No plan shall be finally approved unless the streets shown on such
plan have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this Chapter
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this Chapter have been installed in accordance
with this Chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plan, including improvements
or fees otherwise required by his Chapter, the developer may deposit
with the Township financial security in an amount sufficient to cover
the costs of such improvements or common amenities including basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required
in accordance with any land use ordinance.
B.
When requested by the developer, in order to facilitate financing,
the Board of Commissioners shall furnish the developer with a signed
coy of a resolution indicating approval of the final plan contingent
upon the developer obtaining a satisfactory financial security. The
final plan or record plan shall not be signed nor recorded until the
financial improvements agreement is executed. The resolution or letter
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 Board of Commissioners; such
extension shall not be unreasonably withheld and shall be placed in
writing at the request of the developer.
C.
Without limitation as to other types of financial security which
the Township may approve, which approval shall not be unreasonable
withheld. Federal or Commonwealth chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this Section.
D.
Such financial security shall be posted with a bonding company or
Federal or Commonwealth chartered lending institution chosen by the
party posting the financial security, provided that said bonding company
or lending institution is authorized to conduct such business within
the Commonwealth.
E.
Such bond, or other security shall provide for, and secure to the
public the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
F.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the Township may adjust the
amount of the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost of the
completion of the remaining improvements as of the expiration of the
90th day after either the original date scheduled for completion or
a rescheduled date of completion. Subsequent to said adjustment, the
Township may require the developer to post additional security equal
to said 110%. Any additional security shall be posted by the developer
in accordance with this subsection.
G.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, Submitted
by an applicant or developer and prepared by a professional engineer
licensed as such in this Commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Township, upon
the recommendation of the Township engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Township are unable to agree upon an estimate, then the estimate
shall be recalculated and recalculated and recertified by another
professional engineer licensed as such in this Commonwealth and chosen
mutually by the Township and the applicant or developer. The estimate
certified by the third engineer shall be presumed fair and reasonable
and shall be the final estimate. In the event that a third engineer
is so chosen, fees for the services of said engineer shall be paid
equally by the Township and the applicant or developer.
H.
If the party posting the financial security requires more than one
year form the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using above bidding procedure.
I.
In the case where development is projected over a period of years,
the Board of Commissioners may authorize submission of final plans
by sections or stages of development subject to such requirements
or guarantees as to improvements in future section or stages of development
as it finds essential for the protection of any finally approved section
of the development.
J.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Board of Commissioners
to release or authorize the release, from time to time, of such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the Board of Commissioners, and the Board of
Commissioners shall have 45 days from receipt of such request within
which to allow the Township engineer to certify, in writing, to the
Board of Commissioners that such portion of the work upon the improvements
has been completed in accordance with the approved plan. Upon such
certification the Board of Commissioners shall authorize release by
the bonding company or lending institution of an amount as estimated
by the Township engineer fairly representing the value of the improvements
completed or, if the Board of Commissioners fails to act within said
forty-five-day period, the Board of Commissioners shall be deemed
to have approved the release of funds as requested. The Board of Commissioners
may, prior to final release at the time of completion and certification
by its engineer, require retention of 10% of the estimated cost of
the aforesaid improvements.
K.
Where the Board of Commissioners accepts dedication of all or some
of the required improvements following completion, the Board of Commissioners
may require the posting of financial security to secure structural
integrity of said improvements as well as the functioning of said
improvements in accordance with the design and specifications as depicted
on the final plan for term not to exceed 18 months from the date of
acceptance of dedication. Said financial security shall be of the
same type as otherwise required in this Section with regard to installation
of such improvements, and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said improvements.
L.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Township, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
M.
If financial security has been provided in lieu of the completion
of improvements required as a condition of the final approval of a
plan as set forth in this Section, the Township shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plan upon actual completion
of the improvements depicted upon the approved final plan. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following:
the improvement of the streets providing access to and from existing
public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plan, either upon the lot
or lots or beyond the lots in question if such improvements are necessary
for the reasonable use of or occupancy of the building or buildings.
5.
Release from Improvement Bond.
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Board of Commissioners,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
Engineer. The Board of Commissioners shall, within 10 days after receipt
of such notice, direct and authorize the Township Engineer to inspect
all of the aforesaid improvements. The Township Engineer shall, thereupon,
file a report in writing, with the Board of Commissioners, and shall
promptly mail a copy of the same to the developer by certified or
registered mail. The report shall be made and mailed within 30 days
after receipt by the Township Engineer of the aforesaid authorization
from the Board of Commissioners; said report shall be detailed and
shall indicate approval or rejection of said improvements, either
in whole or in part and if said improvements or any portion thereof,
shall not be approved or shall be rejected by the Township Engineer,
said report shall contain a statement of reasons for such non approval
or rejection.
B.
The Board of Commissioners shall notify the developer, within 15
days of receipt of the engineer's report, in writing by certified
or registered mail, of the action of said Board of Commissioners with
relation thereto.
C.
If the Board of Commissioners or the Township Engineer fails to comply
with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released
from all liability, pursuant to this performance guaranty or other
security agreement.
D.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Commissioners, the developer shall
proceed to complete the same and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
E.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings or otherwise,
any determination of the Board of Commissioners of the Township Engineer.
F.
Where herein reference is made to the Township Engineer, he shall
be as a consultant thereto.
G.
The applicant or developer shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection or improvements
according to a schedule of fees adopted by resolution of the Board
of Commissioners and as from the time to time amended.
(1)
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Township
that such expenses are disputed as unreasonable or unnecessary in
which case the Township shall not delay or disapprove a subdivision
or land development due to the applicant's request over disputed engineer
expenses.
(2)
If within 20 days from the date of billing, the Township and
the applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Township shall jointly,
by mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(3)
The professional engineer so appointed shall hear such evidence
and review such documentation as the professional engineer in his
or her sole opinion deems necessary and render a decision within 50
days of the billing date. The applicant shall be required to pay the
entire amount determined in the decision immediately.
(4)
In the event that the Township and applicant cannot agree upon
the professional engineer to be appointed within 20 days of the billing
date, then, upon application of either party, the President Judge
of the Court of Common Pleas of the judicial district in which the
Township is located (or if at the time there be no President Judge,
then the senior active judge then sitting) shall appoint such engineer,
who, in that case, shall be neither the Township Engineer nor any
professional engineer who has been retained by, or performed services
for, the Township or the applicant within the preceding five years.
(5)
The fee of the appointed professional engineer for determining
the reasonable and necessary expenses shall be paid by the applicant
if the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Township shall
pay the fee of the professional engineer, but otherwise the Township
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
6.
Before acting on any subdivision plan, the Board of Commissioners
may hold a public hearing thereon after public notice.
7.
The Board of Commissioners, upon the recommendation of the Commission,
shall act on any such final plan not later than 90 days following
the date of the regular meeting of the Board of Commissioners or the
Planning Commission (which ever first reviews the application) following
the day of application is filed, provided that should the said next
regular meeting occur more than 30 days following the filing of the
application, the said ninety-day period shall be measured from the
30th day following the day the application has been filed. In the
event that any modification of requirements from this Chapter is requested
by the applicant or is deemed necessary by the Commission for approval,
the alteration and the reason for its necessity shall be entered in
the records of the Commission.
A.
The Dauphin County Planning Commission shall review the final plan
and data and shall return one copy of a written report stating their
suggestions for modifications and design changes to the Planning Commission
within 45 days of their receipt of same or forfeit their right to
review.
B.
The Board of Commissioners shall determine whether the final plan
shall be approved, or disapproved, and shall notify the applicant
in writing thereof, including, if approved with conditions or disapproved,
a statement of reasons for such action, not later than 15 days following
the decision. If said final plan shall be approved with conditions,
the applicant shall either accept or reject said conditions, in writing
addressed to the Board of Commissioners, not later than 45 days following
the date of said decision. Should the applicant reject said conditions,
fail to fulfill said conditions or fail to communicate his rejection,
acceptance or fulfillment of said conditions in writing addressed
to the Board of Commissioners within said forty-five-day period, the
approval, with conditions, of the final plan shall be deemed to be
rescinded and said final plan shall be deemed to be disapproved without
further action by the Board of Commissioners. Nothing contained herein
shall require plans not strictly in conformity with the Susquehanna
Township Subdivision Land Development Ordinance to be approved with
conditions but, rather, the Board may, at its discretion, reject plans
which may be approved conditionally.
C.
Before acting on any subdivision plan the Board of Commissioners
may hold a public hearing thereon after public notice.
D.
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of this Chapter, statute or other ordinance relied
upon.
E.
Failure of the Board of Commissioners to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed an approval of the application in terms as presented
unless the applicant has agreed in writing to an extension of time
or change in the prescribed manner of presentation of communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect. (A sample Agreement to Extend the Time for Rendering and Communicating
a Decision on Certain Preliminary and/or Final Subdivision Plans is
contained in Exhibit III[1] herein.) An extension of time shall not be exceeded more
than twice in one year from the original date of filing without a
refilling fee of 50% of the first fee.
[1]
Editor's Note: Exhibit III is included as an attachment to
this Chapter.
8.
Upon final approval of plan, where the proposed subdivision and/or
land development abuts a State highway (legislative route, Pennsylvania
route or United States route), the applicant shall provide written
evidence that the plan has been submitted to the Pennsylvania Department
of Transportation for their review and concurrence with the proposed
design for driveway access and drainage required for issuance of the
Department's Highway Occupancy Permits.
9.
No changes, erasures, modifications, or revisions shall be made on
any final plan of a subdivision or land development after approval
has been given by the Board of Commissioners, and endorsed in writing
on the plan, unless the plan is first resubmitted to the Board of
Commissioners.
10.
Notification of Approval or Conditional Approval. The Board of Commissioners
shall determine whether the final plan shall be approved, or disapproved,
and shall notify the applicant in writing thereof, including, if approved
with conditions or disapproved, a statement of the reasons for such
action, not later than 15 days following the decision. If said final
plan shall be approved with conditions, the applicant shall either
accept or reject said conditions, in writing addressed to the Board
of Commissioners, not later than 45 days following the date of said
decision. Should the applicant reject said conditions, fail to fulfill
said conditions or fail to communicate his rejection, acceptance or
fulfillment of said conditions in writing addressed to the Board of
Commissioners within said forty-five-day period the approval, with
conditions, of the final plan shall be deemed to be rescinded and
said final plan shall be deemed to be disapproved without further
action by the Board of Commissioners.
11.
Recording Plans and Deeds.
A.
Upon the approval of a final plan, the developer shall within 90
days of such final approval record such plan in the office of the
recorder of deeds in the County. The Recorder of Deeds shall not accept
any plan for recording unless such plan officially notes the approval
of the Board of Commissioners, and review by the County Planning Agency.
B.
The recording of the plan shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the subject plan.
12.
Effect of Change in this Chapter. Changes in this Chapter shall affect
plans as follows:
A.
From the time an application for approval of a plan, whether preliminary
or final, is duly filed as provided in this Chapter, and while such
application is pending approval or disapproval, no change or amendment
of this Chapter, zoning or other governing ordinance or plan shall
affect the decision on such application adversely to the applicant
and the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed. The applicant shall be
entitled to final approval in accordance with the terms of the approved
preliminary application as hereinafter provided. However, if any application
is properly and finally denied, any subsequent application shall be
subject to the intervening change in governing regulations.
B.
When an application for approval of a plan, whether preliminary or
final, has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in this
Chapter, zoning 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 such approval within five years from such approval.
C.
Where final approval is preceded by preliminary approval, the aforesaid
five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of this Chapter or the governing ordinance or plans as they stood
at the time when the application for such approval was duly filed.
D.
Where the landowner has substantially completed the required improvements
as depicted upon the final plan within the aforesaid five-year limit,
or any extension thereof as may be granted by the Board of Commissioners,
no change of any ordinance or plan enacted subsequent to the date
of filing of the preliminary plan shall modify or revoke any aspect
of the approved final plan pertaining to zoning classifications or
density, lot, building, street or utility location.
E.
In the case of a preliminary plan calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
by the landowners 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. Such schedule
shall be updated annually by the applicant on or before approval of
the final section has been granted and any modification in the aforesaid
schedule shall be subject to approval of the Board of Commissioners
in its discretion.
F.
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 depicted on the preliminary plan,
unless a lesser percentage is approved by the Board of Commissioners
in its discretion. Provided the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plan approval,
including compliance with landowner's aforesaid schedule of submission
of final plans for the various sections, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plan within five years shall apply and for any section or
sections, beyond the initial section, in which the required improvements
have not been substantially completed within said five-year period
the aforesaid protections shall apply for an additional term or terms
of three years from the date of final plan approval for each section.
G.
Failure of landowner to adhere to the aforesaid schedule of submission
of final plans for the various sections shall subject any such section
to any and all changes in this Chapter, zoning, and other governing
ordinance enacted by the Township subsequent to the date of the initial
preliminary plan submission.
1.
The following shall be submitted in application for review and approval
of a final plan:
A.
Ten copies and one sepia of the final plan in the form of a map or
series of maps on sheets no larger than 24 inches by 36 inches, drawn
to scale not smaller than 100 feet to one inch and clearly labeled
"Final Plan." When more than one sheet is required, an index sheet
of the entire subdivision or land development shall be shown on a
sheet of the same size. All plans shall be accompanied by a dated
transmittal letter and the required fee. The final plan shall be drawn
in ink and shall show the following:
(1)
Primary control points, or description and ties to such control
points, to which all dimensions, angles, bearings, and similar data
on the subdivision or land development plan shall be referred.
(2)
Tract boundary lines, right-of-way lines of streets, easements,
and other right-of-way and property lines of residential lots or parcels
in unit, cooperative or condominium subdivision and other sites with
accurate dimensions, bearing or deflection angles, and radii, arcs
and central angles of all curves.
(3)
Locations and descriptions of survey monuments. All permanent
reference monuments shown and described in the plan.
(4)
Name, address, telephone number and seal of the professional
engineer certifying engineering aspects and professional land surveyor
certifying accuracy of plan survey (as defined herein). (Example contained
in Exhibit I[1] herein.)
[1]
Editor's Note: Exhibit I is included as an attachment to this
Chapter.
(5)
Certification of title showing the applicant is the owner of
land, agent of the landowner or tenant with permission of the landowner.
(Example contained in Exhibit I herein.)
(6)
Statement by the owner dedicating streets, rights-of-way and
any sites for public uses, which are to dedicated. (Example contained
in Exhibit I herein.)
(7)
Proposed protective covenants running with the land, if any.
(8)
Name, address and telephone number of the owner/applicant.
(9)
Streetlighting facilities shall be provided in all developments,
irrespective of whether the streets and/or driveways are proposed
for dedication to the Township or to be privately maintained. Streetlights
shall be provided and shown on both the preliminary and final plans
at all intersections of newly developed streets with existing streets,
all street intersections within new developments, at the end of each
cul-de-sac permanently designed as such and at other locations as
deemed necessary by the Planning Commission and Board of Commissioners.
The streetlights shall conform to the standard specifications provided
by the local electric utility company and be installed and paid for
by the developer prior to either the acceptance of publicly dedicated
streets or certificates of occupancy issued for private streets and
buildings. Other types of streetlighting facilities, for the purpose
of providing aesthetic or architectural character, may be installed
within the developments, but not as a substitute for the location
of the facilities mentioned above. Exceptions to the requirements
to provide streetlighting facilities shall be allowed only upon approval
by the Board of Commissioners.
(10)
Location map, clearly depicting the location of the tract in
Susquehanna Township.
(11)
Number to identify each lot or parcel in unit, cooperative or
condominium subdivision and/or site.
(12)
Purpose for which sites other than residential lots or parcels
in unit, cooperative or condominium subdivisions are dedicated or
reserved.
(13)
Building setback lines on all lots or parcels in unit, cooperative
or condominium subdivisions and/or sites.
(14)
Existing and proposed contours at vertical intervals of five
feet or less as determined at the preliminary plan stage.
(15)
Names of record owner of adjoining unplanned land.
(16)
References to recorded subdivision plans or adjoining planned
land by record name, date and number.
(17)
A Type-1 buffer yard, as defined in the Susquehanna Township Zoning Ordinance § 27-2106, shall be provided for and be shown on a plan reflecting a natural screen or if no natural screen exists, landscaping, of not less than 10 feet, for all residential developments in excess of 20 units and a buffer of not less than 15 feet shall be shown on all development of a nonresidential use bordering an existing residential use.
(18)
A Final Erosion and Sedimentation Control Plan pursuant to the rules and regulations of the Pennsylvania Department of Environmental Protection (Title 25, Part 1, Sub-Part C, Article II, Chapter 102 of the Pennsylvania Code) and evidence that any required erosion and sedimentation control permit is not required, the applicant shall provide evidence that the Erosion and Sedimentation Control Plan has been reviewed and approved by the County Conservation District Office; however, if the District Office does not desire to review the plan, the Board of Commissioners may, at its discretion, have the plan reviewed by the Municipal Engineer. The cost of the review shall be paid by the applicant.
(20)
Other Data. The final plan shall be accompanied by the following
data and plans as prescribed by the Board of Commissioners or as required
by laws of the Commonwealth.
(a)
Profiles of streets and alleys showing grades.
(b)
Typical cross sections of each type of street, minor streets,
collector, etc., showing the width of right-of-way, width of cartways,
location and width of sidewalks, if required, and location and size
of utility mains.
(c)
Plans and profiles of proposed sanitary and stormwater sewers,
with grades and pipe size indicated, and a plan of any proposed water
distribution systems showing pipe sizes and location of valves and
fire hydrants.
(d)
Certificates of agreement to provide service from applicable
utility companies.
(e)
In the case of subdivision and land development plans proposed
for the sale of lots only, the subdivider shall include on the final
plan a covenant with the land assuring the implementation by the lot
owners of the Erosion and Sedimentation Control Plan.
(f)
A copy of the sewage Plan Revision Module for Land Development
approved by the Department of Environmental Protection in compliance
with the requirements of the Pennsylvania Sewage Facilities Act and
Section 71.16 of Chapter 71 of Title 25 of the Pennsylvania Code.
(g)
When any portion of the tract proposed for subdivision or land
development is located within an identified flood district or floodplain
area, the following information shall be required as part of the final
plan and shall be prepared by a registered engineer or surveyor:
1)
The exact location and elevation of all proposed buildings,
structures, roads and public utilities to be constructed within any
identified floodplain area or district. All such maps shall show contours
at intervals of two feet and identify accurately the boundaries of
the floodplain areas, and shall be verified by the Municipal Engineer.
2)
Submission of the final plan also be accompanied by all required
permits and related documentation from the Department of Environmental
Protection, and any other Commonwealth agency, or local municipality
where any alteration or relocation of a stream or watercourse is proposed.
In addition, documentation shall be submitted indicating that all
affected adjacent municipalities have been notified of the proposed
alteration or relocation. The Department of Community Affairs and
the Federal Insurance Administrator shall also be notified whenever
any such activity is proposed.
(h)
A final stormwater management plan, approved by the Municipal
Engineer.
(i)
Such other certificates, affidavits, endorsements, or dedications
as may be required by the Board of Commissioners in the enforcement
of these regulations.
(j)
Existing Resources and Site Analysis Plan, as described in § 22-405(2)(J).
(k)
Resource Impact and Conservation Report as described in § 22-405(2)(J),
including a description of any measures taken to minimize and control
impact to existing resources both during and following construction.
(l)
Final Greenway/Open Space Lands and Common Facilities Ownership
and Management Plan.
(m)
Community Association Document. A Community Association Document,
also known as a Homeowner's Association Document or a Condominium
Association Document, shall be provided for all subdivision and land
development applications which propose lands or facilities to be used
or owned in common by all the residents of that subdivision or land
development and not deeded to the Township. The elements of the Community
Association Document shall include, but shall not necessarily be limited
to, the following:
1)
A description of all lands and facilities to be owned by the
Community Association. This description shall include a map of the
proposal highlighting the precise location of those lands and facilities.
2)
Statements setting forth the powers, duties, and responsibilities
of the Community Association, including the services to be provided.
3)
A Declaration of Covenants, Conditions, and Restrictions, giving
perpetual easement to the lands and facilities owned by the Community
Association. The declaration shall be a legal document which also
provides for automatic Association membership for all owners in the
subdivision or land development and shall describe the mechanism by
which owners participate in the Association, including voting, elections
and meetings. Furthermore, it shall give power to the Association
to own and maintain the common property and to make and enforce rules.
4)
Statements prescribing the process by which Community Association
decisions are reached and setting forth the authority to act.
5)
Statements requiring each owner within the subdivision or land
development to become a member of the Community Association.
6)
Statements setting cross covenants or contractual terms binding
each owner to all other owners for mutual benefit and enforcement.
7)
Requirements for all owners to provide a pro rata share of the
cost of operations of the Community Association.
8)
A process of collection and enforcement to obtain funds from
owners who fail to comply.
9)
A process for transition of control of the Community Association
from the developer to the unit owners.
10)
Statements describing how the lands and facilities
of the Community Association will be insured, including limit of liability.
11)
Provisions for the dissolution of the Community
Association, in the event the Association should become inviable.
12)
Final landscape plan, when required.
13)
Final calculations for mixed-use development percentages,
acreage, densities and coverages.
B.
Water Supply. If water is to be provided by means other than private
wells owned and maintained by the individual owners of lots within
the subdivision or development, applicants shall present evidence
to the Board of Commissioners that the subdivision is to be supplied
by a certified public utility, a bona fide cooperative association
of lot owners, or by a municipal corporation, authority or utility.
A copy of a Certificate of Public Convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement or a commitment or agreement to serve the
area in question, whichever is appropriate, shall be acceptable.
C.
In all cases where only one subdivision or land development plan
is required, and both a preliminary plan and a final plan are filed,
the same shall be called a final plan and shall include all items
required for either a preliminary or final plan in one submission.
