Township of Pocono, PA Article IV Plan Requirements

§ 390-24 Sketch plans overlay sheet.

A. As provided in § 390-15D(5)(b) and (c), the applicant has the option for an informal review or a detailed review and is STRONGLY ENCOURAGED to include sufficient detail on the sketch plan to make the review meaningful.

B. In the case of a detailed review, in order to provide a full understanding of the site's potential and to facilitate the most effective exchange with the Township, the Sketch Plan should include the information listed below. Many of these items can be taken from the existing resources and site analysis (See § 390-25D.), a document that should be prepared and submitted as part of the sketch plan. In fact, the diagrammatic sketch plan may be prepared as a simple overlay sheet placed on top of the existing resources and site analysis.

(1) Name and address of the legal owner, the equitable owner, and/or the applicant;

(2) Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or site designer responsible for preparing the plan;

(3) Graphic scale (not greater than one inch equals 200 feet; however, dimensions on the plan need not be exact at this stage) and North arrow;

(4) Approximate tract boundaries, sufficient to locate the tract on a map of the municipality;

(5) Location map;

(6) Zoning district (if a zoning ordinance is in effect);

(7) Roads on and adjacent to the tract (both existing and proposed);

(8) One-hundred-year floodplain limits;

(9) Approximate location of wetlands;

(10) Topographic, physical, and cultural features including fields, pastures, meadows, wooded areas, hedgerows and other significant vegetation, steep slopes (over 25%), rock outcrops, soil types, ponds, ditches, drains, dumps, storage tanks, streams within 200 feet of the tract, and existing rights-of-way and easements, and cultural features such as all structures, foundations, walls, wells, trails, and abandoned roads;

(11) Schematic layout indicating a general concept for land conservation and development;

(12) Proposed general road and lot layout;

(13) General description of proposed method of water supply, sewage disposal, and stormwater management; and

(14) In the case of land development plans, proposed location of buildings and major structures, parking areas and other improvements.

§ 390-25 Preliminary plan requirements for major subdivisions.

(See § 390-29 for land developments.)

A. Preliminary plans shall be prepared by a qualified professional (See definition in Article II.) as applicable and required by state law. The submission requirements for a preliminary plan shall consist of the following elements, and shall be prepared in accordance with the drafting standards and plan requirements described herein:

(1) Site context map;

(2) Existing resources and site analysis;

(3) Preliminary resource impact and conservation analysis;

(4) Preliminary improvements plan; and

(5) Preliminary studies and reports as set forth in other parts of this chapter.

B. Drafting standards.

(1) The plan shall be clearly and legibly drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, 60 feet, 80 feet, 100 feet or 200 feet to the inch.

(2) Dimensions shall be in feet and hundredths of feet; bearings shall be in degrees, minutes and seconds for the boundary of the entire tract, and dimensions in feet for lot lines.

(3) The survey shall not have an error of closure greater than one in 10,000 feet and shall include a boundary closure report.

(4) The sheet size shall be no larger than 24 inches by 36 inches, unless permitted by the Planning Commission. If the plan is prepared in two or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one sheet is necessary, each sheet shall be the same size and numbered to show the relationship to the total number of sheets in the plan (e.g., Sheet 1 of 5), and a key diagram showing the relative location of the several sections shall be drawn on each sheet.

(5) Plans shall be legible in every detail.

C. Site context map. A map compiled from existing information showing the location of the proposed major subdivision within its neighborhood context shall be submitted. For sites under 100 acres in area, such maps shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the map shall show the above relationships within 2,000 feet of the site. The features that shall be shown on site context maps include topography (from USGS maps), stream valleys, wetland complexes (from maps published by the United States Fish and Wildlife Service or the USDA Natural Resources Conservation Service), woodlands over 1/2 acre in area (from aerial photographs), ridgelines, public roads and trails, utility easements and rights-of-way, public land, and land protected under conservation easements.

D. Existing resources and site analysis. For all major subdivisions (except those in which all proposed lots are to be 10 or more acres in area), an existing resources and site analysis shall be prepared to provide the developer and the municipality 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. The Planning Commission shall review the plan to assess its accuracy, conformance with municipal ordinances, and likely impact upon the natural and cultural resources on the property. The following information shall be included:

(1) A vertical aerial photograph enlarged to a scale not less detailed than one inch equals 400 feet, with the site boundaries clearly marked.

(2) Topography, the contour lines of which shall generally be at two-foot intervals although ten-foot intervals are permissible beyond the parcel boundaries, interpolated from USGS published maps. The determination of appropriate contour intervals shall be made by the Planning Commission, which may specify greater or lesser 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 USGS bench marks the location and datum of which shall be shown on the plan.

(3) The location and delineation of ponds, vernal pools, 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.

(4) Vegetative cover conditions on the property according to general cover type including cultivated land, permanent grass land, meadow, pasture, old field, hedgerow, woodland and wetland, the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age and condition.

(5) Soil series, types and phases, as mapped by the United States 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).

(6) Watershed boundaries shall be identified.

(7) A viewshed analysis using GIS or other suitable methodology showing the location and extent of views into the property and along ridgelines from critical points along adjoining public roads and how the views will be affected by the proposed development and what design elements will be used to minimize the visual effects.

(8) 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.

(9) All existing man-made features, including but not limited to roads, driveways, farm roads, woods roads, buildings, foundations, walls, wells, drainage fields, dumps, utilities, fire hydrants, and storm and sanitary sewers.

(10) Locations of all historically significant sites or structures on the tract, including but not limited to cellar holes, stone walls, earthworks, and graves.

(11) Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.).

(12) All easements and other encumbrances of property which are or have been filed of record with the Recorder of Deeds of Monroe County, or which are visible on the ground even if not filed of record, shall be shown on the plan.

(13) For conservation design subdivisions. Total acreage of the tract, the adjusted tract area and the constrained land area with detailed supporting calculations.

E. Resource impact and conservation analysis.

(1) A preliminary resource impact and conservation analysis shall be prepared for all major subdivision applications to categorize the impacts of the proposed activities and physical alterations on those resources shown on the existing resources and site analysis (as required under§ 390-25D). All proposed improvements, including but not necessarily limited to grading, fill, roads, buildings, utilities and stormwater detention facilities, as proposed in the other proposed preliminary plan documents, shall be taken into account in preparing the preliminary resource impact and conservation analysis, which shall clearly demonstrate that the applicant has minimized site disturbance to the greatest extent practicable.

(2) Using the existing resources and site analysis as a base map, impact areas shall be mapped according to the following categories: 1) primary impact areas, i.e., areas directly impacted by the proposed major subdivision, 2) secondary impact areas, i.e., areas in proximity to primary areas which may be impacted, and 3) designated protected areas, either to be included in a proposed greenway or an equivalent designation such as dedication of a neighborhood park site.

(3) In addition, the applicant shall submit an accompanying resource assessment report divided into the following sections:

(a) Description of existing resources as documented in § 390-25D.

(b) Impacts of the proposed development on existing resources, correlated to the areas depicted in the resource impact and conservation analysis.

(c) Measures taken to minimize and control such impacts both during and following the period of site disturbance and construction.

(d) The qualifications and experience of the preparer of the report.

(4) This requirement for a resource impact and conservation analysis may be waived by the Township if, in its judgment, the proposed development areas, as laid out in the sketch plan or in the preliminary plan would be likely to cause no more than an insignificant impact upon the site's resources.

F. Preliminary improvements plan. This plan shall include the following items:

(1) Historic resources, trails and significant natural features, including topography, areas of steep slope, wetlands, one-hundred-year floodplains, swales, rock outcroppings, vegetation, existing utilities, and other site features, as indicated on the existing resources and site analysis.

(2) Existing and proposed lot lines, lot areas, full lot grading, driveway locations and elevations, and any existing easements and rights-of-way.

(3) Location, alignment, width, profile and proposed names of all proposed roads and road rights-of-way, including all road extensions or spurs that are reasonably necessary to provide adequate road connections and facilities to adjoining development or undeveloped areas; preliminarily engineered profiles for proposed roads. Turning movement diagrams shall be provided to demonstrate that the largest truck or emergency vehicle servicing the development can safely and conveniently navigate the proposed roads, drives and parking and loading areas.

(4) Information indicating available and safe sight stopping distances for all driveways, access drives, roads, etc., which must be in compliance with the most current PennDOT specifications.

(5) Location of proposed swales, drainage easements, stormwater and other management facilities. Also, see Chapter 365, Stormwater Management, of the Code of the Township of Pocono.

(6) Where community sewage service is proposed, the proposed layout of proposed sewage systems, including but not limited to the proposed locations of sewer mains and sewage treatment plants, showing the type and degree of treatment intended and the size and capacity of treatment facilities.

(7) Where central water service is proposed, the proposed layout of proposed water distribution facilities including water mains, fire hydrants, storage tanks and, where appropriate, wells or other water sources.

(8) Location of all percolation tests as may be required under this chapter, including all failed test sites or pits as well as those approved. All approved sites shall be clearly distinguished from unapproved sites.

(9) Limit of disturbance line (must be exact in relation to the retention of existing trees proposed to be saved).

(10) Location and dimensions of proposed playgrounds, public buildings, public areas and parcels of land proposed to be dedicated or reserved for public use.

(11) If land to be subdivided lies partly in or abuts another municipality, the applicant shall submit information concerning the location and proposed design of roads, layout and size of lots and provisions of public improvements on land subject to his control within the adjoining municipalities. The design of public improvements shall provide for a smooth, practical transition where specifications vary between municipalities. Evidence of approval of this information by appropriate officials of the adjoining municipalities also shall be submitted.

(12) Where the applicant proposes to install the improvements in phases, he shall submit with the preliminary plan a delineation of the proposed sections and a schedule of deadlines within which applications for final approval of each section are intended to be filed.

(13) Utilities and easements:

(a) Locations of existing and proposed utility easements.

(b) Layout of all proposed sanitary and storm sewers and location of all inlets and culverts, and any proposed connections with existing facilities. (This data may be on a separate plan.)

[1] Stationing and offsets to be provided.

[2] Elevation and top of structures to be provided.

(c) The proposed location of on-site sewage and water facilities.

(14) Location of proposed shade trees, plus locations of existing vegetation to be retained.

(15) A signature block in the lower right hand eighth of the plan immediately above the title block for recommendation by the Planning Commission and for the approval of the Board of Commissioners shall be provided including a space for the date of recommendation/approval. Include provision for plan revisions including space for a brief description of the revision directly to the left of the title block.

(16) Signature blocks for the Township Engineer and Monroe County Planning Commission.

(17) Zoning data (if a zoning ordinance is in effect), including all of the following, when applicable:

(a) Zoning district designations.

(b) Zoning district boundary lines traversing the proposed major subdivision and/or development.

(c) Zoning district boundary lines within 1,000 feet of the proposed major subdivision and/or development, shown on location map.

(18) A title block shall be included on the lower right corner.

(19) Name and address of project.

(20) Name and address of the owner of record (if a corporation, give name of each officer) and current deed book and page where the deed of record is recorded.

(21) Name and address of developer if different from landowner (if a corporation, give name of each officer).

(22) Name, address, license number, original seal and original signature of the qualified professional (See definition in Article II.) responsible for the preparation of the plan.

(23) Date, including the month, day and year that the preliminary plan was initially prepared and the month, day and year for each plan revision along with a description of the revision.

(24) A key map for the purpose of locating the property being subdivided and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all roads, roads, municipal boundaries, zoning districts (if zoning is in effect), watercourses and any area subject to flooding.

(25) North arrow (true or magnetic).

(26) Graphic scale and written scale.

(27) Names of present adjoining property owners and the names of all adjoining subdivisions, if any, including property owners and/or subdivisions across adjacent roads, along with the current Tax Map number for each property shown.

(28) The road name and number (if applicable) where the property is located.

(29) Certificate of ownership and acknowledgment of the plan, in the form provided by the Township, which shall be accurately completed, signed by the owner of the property, dated and notarized.

(30) Certificate of accuracy and compliance, in the form provided by the Township, dated and signed by the registered professional land surveyor responsible for the plan and embossed with his or her seal.

(31) Excepted parcels or sections shall be marked "not included in this plat" with the boundary completely indicated by bearings and distances.

(32) The following items shall be on all preliminary plans in the form of protective covenants and/or notes:

(a) Building setbacks, easements, buffers, etc., that would limit building.

(b) Corner lot sight easements.

(c) Utility, drainage and slope easements.

(d) "Well and sewage disposal systems shall be constructed in accordance with recommended standards of the Pennsylvania Department of Environmental Protection."

(e) "Individual owners of lots must apply to the Township for, and obtain, a sewage permit prior to undertaking the construction of an on-lot sewage disposal system."

(f) "The Planning Commission and the Board of Commissioners have not passed upon the feasibility of any individual lot or location within a lot being able to sustain any type of well or sewage disposal system."

(g) "The applicant hereby certifies that every contract for the sale of a lot shown on this plan, and for which there is no currently existing community sewage system available, will contain a statement in the contract of sale advising the purchaser of his rights and obligations under Act Number 280 of 1976, amending the Pennsylvania Sewage Facilities Act."[1]

[1] Editor's Note: See 35 P.S. 750.1 et seq.

(h) "By approval of this plan the Township has neither confirmed nor denied the existence and/or extent of any wetland areas whether or not delineated on the plan, and any encroachment thereon for any reason whatsoever shall be the sole responsibility of the subdivider and/or developer, his heirs, successors and assigns and shall be subject to the jurisdiction of the Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection and said encroachment shall conform to the rules and regulations of the jurisdictional agencies."

(i) "This plan is under and subject to all of the rules, regulations, requirements and restrictions as set forth in the Pocono Township Subdivision and Land Development Ordinance and the Pocono Township Zoning Ordinance, as both are amended."

(j) The applicable highway occupancy note(s) shall appear on the plan: "A highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the 'State Highway Law,' before driveway access to a state highway is permitted"; and/or "A highway occupancy permit is required pursuant to the Pocono Township Road Encroachment Ordinance before driveway access to a Township road is permitted." The applicable note(s) shall also state: "Access to the public road shall be only as authorized by a highway occupancy permit."

(k) In the event the subdivision incorporates a private access road as defined in this chapter, the following shall appear on the plan: "The maintenance of the private access road and turnaround shall be the responsibility of the owner(s) of the lots served by the road. The private access road shall remain private and shall not be offered for dedication to the Township as a public road."

(l) In the event the subdivision includes the joining or annexing of lots, parcels or tracts of land, the following shall appear on the plan: "Lot Number _____ shall be joined to and become an inseparable part of Lot Number _____ and cannot be subdivided or sold separately or apart therefrom without prior Township approval."

(m) "The applicant, his heirs, successors or assigns will implement all requirements and obtain all permits and approvals as required by any and all local, state or federal agencies and authorities, and does hereby acknowledge and agree that if said permits and approvals are not obtained as required, then any and all approvals given by Pocono Township will become null and void with no further action on the part of the Township."

(n) A listing of any subdivision/land development waivers or modifications, zoning variances, special exceptions and/or conditional uses that have been granted, including the date of the order of the Pocono Township Zoning Hearing Board or Board of Commissioners granting the same.

(o) If the Plans include any stormwater management planning, controls or devices, the following covenant shall appear on the plan: "The owners, their heirs, executors, administrators, successors and assigns, shall make provision and be responsible for the installation, maintenance, operation and repair of any and all stormwater management facilities and controls depicted on this plan and other plans and documents supporting the same, including, but not limited to, all infiltration devices, buffers, detention basins, inlets, swales, pipes, berms and spreaders. Pocono Township is hereby granted the right to inspect all permanent stormwater management facilities and controls at any reasonable time. If Pocono Township determines at any time that any of said stormwater management facilities or controls have been eliminated, altered or improperly maintained, the then owner shall be advised of the corrective measures required and be afforded a reasonable period of time to take the necessary corrective action. Pocono Township shall have the right, but not the obligation, of ingress, egress and regress to any and all of the stormwater management facilities and controls, as well as upon and within the utility and drainage easements as shown on this plan, for the purpose of installation, maintenance and/or repair due to the failure or neglect of the owner to perform the same within the time required, or for emergency remedies to the stormwater management facilities and controls if necessary, if Pocono Township elects to perform such installation, maintenance and/or repair. All costs and expenses incurred by Pocono Township in relation to any work performed by Pocono Township pursuant to the provisions of this covenant and/or the enforcement of the same, shall be the joint and several responsibility of the owner and any occupier of the property who violated the provisions of this covenant, payable by the owners and/or occupiers of the property, their heirs, administrators, executors, successors and assigns upon demand by Pocono Township, and shall constitute a lien against the property until paid in full. The remedies of Pocono Township pursuant to this covenant are in addition to all other rights and remedies available to Pocono Township, its successors and assigns, pursuant to any statute, ordinance, at law or in equity. All of the foregoing is more particularly and at large provided in that certain Stormwater Management Agreement and Declaration of Easement between the owner and the Township dated __________, 20_____, the terms and provisions of which are incorporated herein by reference. This covenant shall run with the land."

(33) Design plans and calculations, signed and sealed by a professional engineer, for any remaining retaining walls over four feet in height.

G. Supporting documents and information. The following supporting documents, plans and information shall be submitted with preliminary plans for all major subdivisions:

(1) Road information as follows:

(a) Typical road cross-section drawings for all proposed roads showing the following:

[1] Typical cut sections.

[2] Typical fill sections.

[3] Superelevated sections.

[4] Typical parallel drainage.

[5] Underdrains, if applicable.

(b) Profiles along the top of the cartway center line showing existing and proposed grade lines and printed elevations of the proposed grade lines at fifty-foot intervals, with stationing.

(c) WB-50 turning movement diagrams for the largest anticipated vehicle.

(2) Exterior elevations of any proposed buildings if the property is to be developed for a use other than a single-family detached dwelling.

(3) Any existing or proposed deed restrictions, protective and restrictive covenants that apply to the major subdivision and/or development plan.

(4) All proposed offers of dedication and/or reservation of rights-of-way and land areas with conditions attached.

(5) Existing documents of dedication and/or reservation of rights-of-way and land areas with conditions attached.

(6) Proof of legal interest in the property, a copy of the latest deed of record and current title search report.

(7) Water supply information. In the case of individual on-lot wells, information documenting water table depth and potential for affecting the groundwater supply. In the case of community systems:

(a) A statement from a professional engineer of the type and adequacy of any community water supply system proposed to serve the project.

(b) Preliminary design of any central water supply system.

(c) Publicly owned central system. A letter from the water company or authority stating that said company or authority will supply the development including a verification of the adequacy of service.

(d) Privately owned central system. A statement setting forth the proposed ownership of the system and responsibility for operation and maintenance.

(e) A copy of any application for any permit, license or certificate required by DEP or the Pennsylvania Public Utility Commission for the construction and operation of any proposed central water supply system. Preliminary plan approval shall be conditioned on the issuance of said permits by PA DEP and/or PA PUC.

(8) Sewage disposal information.

(a) Completed sewage facilities planning module(s) for land development and other required sewage planning documents as required by the Pennsylvania Sewage Facilities Act[2] and PA DEP.

[2] Editor's Note: See 35 P.S. § 750.1 et seq.

(b) Private sewage treatment plants and community on-lot systems. A preliminary design of the system and a statement setting forth the proposed ownership of the system and responsibility for operation and maintenance. A business plan and agreement shall be provided to ensure that the plant or system is self-sufficient, including security for capital components and maintenance.

(c) If service by the Township, a sewer authority or a public utility is proposed, a letter or other written certification from the Township, the authority or the public utility stating that it will provide the necessary sewer service and verifying that its system has adequate capacity to do so.

(9) A list of any public utility, environmental or other permits required and if none are required, a statement to that effect. The Township may require a professional engineer's certification of such list.

(10) Confirmation that the soil erosion and sedimentation control plan has been accepted for review by the Monroe County Conservation District. (See also § 390-51.)

(11) A drainage/stormwater management plan meeting the requirements of this chapter and any Stormwater Management Ordinance[3] adopted by the Township.

[3] Editor's Note: See Ch. 365, Stormwater Management.

(12) Preliminary bridge designs and a statement by the applicant's engineer regarding any approvals required by the state or federal government.

(13) A landscaping plan documenting compliance with § 390-55.

(14) Where the land included in the subject application has an electric transmission line, a gas pipeline, or a petroleum or petroleum products transmission line located within the tract, the preliminary plan shall be accompanied by a letter from the owner or lessee of such line stating any conditions on the use of the land and the minimum building setback and/or right-of-way-lines. This requirement may also be satisfied by submitting a copy of the recorded agreement.

(15) Confirmation that the highway occupancy permit application has been accepted for review by the Township or PennDOT as applicable.

(16) A written plan for the ownership of and maintenance of all improvements, common areas and open space as required by §§ 390-38 and 390-39 of this chapter.

(17) The required wetland studies.

(18) The required steep slope information.

(19) Truck turning movement diagrams for at least a WB-50 truck.

(20) Exterior elevations (including at least front and side elevations) of any proposed buildings if the property is to be developed for a use other than single-family detached dwellings.

(21) Copies of all other required permits or the applications made therefor.

(22) Proposed grading plan.

H. Community/financial impact analysis. A community impact analysis including the following information shall be required for residential subdivisions or land developments containing 15 or more dwelling units or residential lots in the aggregate; all nonresidential developments (with the exception of agricultural development) with buildings containing in excess of 20,000 square feet of floor space in the aggregate; development of any kind impacting 30 acres of land or more in the aggregate; or for any subdivision or land development application expected to generate more than 250 new trips per day.

(1) Community impact. The impact analysis shall indicate the existing facilities that meet the increased needs that the development will bring to the Township and the improvements, if any, which will have to be made to accommodate the increased needs, addressing, at a minimum, the following:

(a) The number of residents and public school children generated by the proposed development.

(b) Increases in vehicular traffic and the ability of the existing road system to accommodate traffic and increases.

(c) The anticipated load on public utilities, police and fire protection.

(d) Disturbance to the natural ecology, such as alluvial soil areas, loss of tree cover and land erosion.

(e) Harmony with the character of surrounding development.

(f) Feasibility of providing public transportation to the site.

(g) Anticipated time period to sell/rent the proposed development.

(2) Financial analysis. The following information shall be provided:

(a) Anticipated annual revenues to the Township and the school district for each of the first five years of the development and at project build-out.

(b) Anticipated Township and school district expenses associated with the development for each of the first five years of the development and at project build-out.

(3) Phase I environmental site assessment (PESA).

(a) The purpose of the PESA shall be to identify current and historical items associated with the property that may constitute a threat to the environment. The assessment, prepared in accord with ASTM E1527-05, as amended, may be required by the Township Planning Commission and/or Commissioners for all developments, regardless of the number of lots, size of the building or acreage disturbed, if the land proposed for development is known to contain or suspected of containing items which may constitute a threat to the environment.

(b) By including the PESA requirement, Pocono Township makes no representation, expressed or implied, that the PESA, as defined above, will in any way, directly or indirectly, absolve or limit the developer/landowner from liability pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA, or Superfund Act),[4] the Superfund Amendment and the Reauthorization Act of 1986 (SARA), or any other applicable federal, state, county, and local statute, rule or regulation heretofore or hereafter promulgated.

[4] Editor's Note: see 42 U.S.C. § 9601 et seq.

(c) The assessment must include, but shall not be limited to:

[1] A detailed site visit conducted by personnel with proper OSHA Health and Safety Training, including site reconnaissance, interview with knowledgeable sources, and an investigation of surrounding properties, in order to identify the following:

[a] Storage, utilization of agricultural herbicides/pesticides or waste at the site or surrounding properties;

[b] Presence of underground or aboveground storage tanks, or other containers, for fuel or agricultural chemical storage;

[c] The possible location and orientation of any underground petroleum pipelines which may come into contact with the site; and

[d] The possible location of on-site fill areas which, because of the deposited material, may pose limitations for structural and/or nonstructural development.

[2] A deeds of record search and review of Pocono Township records in order to identify previous landowners and site operations that could adversely affect the property. Historical aerial photographs should be considered in order to identify past on-site or off-site indicators of environmental impacts (e.g., lagoons, trash site, etc.). The review of tax records and maps in order to identify owners and respective land uses of surrounding properties.

[3] A review of the Pennsylvania Department of Environmental Protection (PA DEP) files in order to ascertain whether or not any notices of violation have been issued to the site or nearby properties. In addition, the United States Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation, and Liability System (CERCLA) list of potential hazardous waste sites in Pennsylvania and the National Priorities List must be reviewed in order to identify nearby existing or potential national Superfund sites.

I. Additional information. The Township shall require any other necessary information based on the specific characteristics of the proposed project.

J. Application forms and certifications. The applicant shall complete and submit such application forms and certifications as prescribed by the Township for submission with preliminary plan applications.

K. Preliminary plan engineering certification. Prior to approval of the preliminary plan, the applicant shall submit to the Township a preliminary plan engineering certification stating that the proposed layout of proposed roads, lots, and open lands complies with the Township's ordinances, particularly those sections governing the design of subdivision roads and stormwater management facilities, and that all improvements will be installed in accord with the specific requirements of this chapter or any waivers or modifications granted by the Township. This certification requirement is meant to provide the Township with assurance that the proposed plan is able to be accomplished within the Township's current regulations.

§ 390-26 Final plan requirements for major subdivisions.

(See § 390-29 for land developments.)

Final plans shall be prepared by a qualified professional (See definition in Article II.) as applicable and required by state law. Final plans shall be submitted pursuant to the following:

A. Existing resources and site analysis. A plan as required by § 390-25D consistent with the terms of the approved preliminary plan modified as necessary to comply with the requirements of this chapter for final approval.

B. Final resource impact and conservation analysis.

(1) This plan shall comply with all of the requirements for the preliminary resource impact and conservation analysis, as set forth in § 390-25E, to show all proposed improvements described in the other Detailed Final Plan documents as required by this § 390-26.

(2) In addition to the requirements of § 390-25E, the applicant shall submit an accompanying resource assessment report divided into the following sections:

(a) Description of existing resources (as documented in § 390-25D).

(b) Impacts of the proposed development on existing resources, correlated to the areas depicted in the final resource impact and conservation analysis.

(c) Measures taken to minimize and control such impacts both during and following the period of site disturbance and construction.

(d) The qualifications and experience of the preparer of the report.

C. Final improvements plan information. The final improvements plan shall be drawn to the same drafting standards and contain in final form all of the information required on the preliminary improvements plan in accord with § 390-25F.

D. Supporting documents and information. The following supporting documents and information shall be submitted with the final plan for major subdivisions as necessary to supplement the preliminary plan information:

(1) Typical road cross-section drawings for all roads and/or roads showing the following:

(a) Typical cut sections.

(b) Typical fill sections.

(c) Typical superelevated sections.

(d) Typical parallel drainage.

(2) Final profiles along the top of the cartway (pavement) center line showing existing and final grade lines and printed elevations of the final grade line at fifty-foot intervals.

(3) Any existing and finally proposed deed restrictions, protective and restrictive covenants that apply to the subdivision and/or development plan.

(4) All existing and offers of dedication and/or reservation of rights-of-way and land areas with conditions attached.

(5) Proof of legal interest in the property, a copy of the latest deed of record and a current title search report.

(6) Water supply and sewage disposal information.

(a) Final plan of any central water supply and/or sewage disposal system showing all pertinent details.

(b) All other documentation required to demonstrate compliance with § 390-48 of this chapter.

(7) All required state or federal environmental and other permits.

(8) Highway occupancy permits.

(9) Soil erosion and sedimentation control plan approved by the Monroe County Conservation District.

(10) Final drainage/stormwater management plan.

(11) Final grading and finish contours.

(12) Final bridge designs and required state or federal approvals.

(13) Proof of execution of the plan for the ownership of and maintenance of all improvements, common areas and open space as required by §§ 390-38 and 390-39 of this chapter.

(14) Final utility plans (i.e., sewer, water, cable, electric, gas, storm sewer).

E. Additional information. The Township shall request any other necessary information based on the specific characteristics of the proposed project.

F. Application forms and certifications. The applicant shall complete and submit such application forms and certifications as prescribed by the Township for submission with final plan applications.

G. Maintenance of development improvements. The developer shall provide a proposed plan for the succession of ownership and continued operation and maintenance of all development improvements, amenities and common use or open space areas in accord with Article V. The Township shall determine the adequacy of the plan and shall require any additional assurance to provide for proper operation and maintenance.

§ 390-27 Minor subdivisions, final plan requirements.

Plans for minor subdivisions shall be prepared by a qualified professional (See definition in Article II.) as applicable and required by state law; and shall be submitted pursuant to the following:

A. Drafting standards.

(1) The plan shall be clearly and legibly drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, 60 feet, 80 feet, 100 feet or 200 feet to the inch.

(2) Dimensions shall be in feet and hundredths of feet and bearings shall be in degrees, minutes and seconds for the boundary of the entire tract and lot lines.

(3) The survey shall not have an error of closure greater than one in 10,000 feet and shall include a boundary closure report.

(4) The sheet size shall be no larger than 24 inches by 36 inches, unless permitted by the Planning Commission. If the plan is prepared in two or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one sheet is necessary, each sheet shall be the same size and numbered to show the relationship to the total number of sheets in the plan (e.g., Sheet 1 of 5), and a key diagram showing the relative location of the several sections shall be drawn on each sheet.

(5) Plans shall be legible in every detail.

B. Minor plan information.

(1) Name of minor subdivision.

(2) Name and address of owner of record (if a corporation, give name of each officer).

(3) Name and address of developer if different from landowner (if a corporation, give name of each officer).

(4) Name, address, license number, original seal and original signature of the qualified professional (See definition in Article II.) responsible for the preparation of the minor subdivision plan.

(5) Date, including the month, day and year that the final plan for the minor subdivision was completed and the month, day and year of each plan revision along with a description of the revision.

(6) The deed book volume and page number reference of the latest source(s) of title to the land being subdivided.

(7) North arrow (true or magnetic).

(8) Graphic scale and written scale.

(9) Lots numbered in consecutive order, along with lots previously subdivided from the parcel.

(10) A plat of the area proposed to be subdivided, including the tract boundaries, if appropriate, road lines and names, lot lines, rights-of-way or easements (existing and/or proposed, if any).

(11) Sufficient data, acceptable to the Township, to determine readily the location, bearing and length of every boundary, road or lot line. All dimensions shall be shown in feet and hundredths of a foot. All bearings shall be shown to the nearest one second of an arc.

(12) The area of each lot or parcel shall be shown within each lot or parcel, the area of each shown in the nearest 1/100th of an acre or square feet.

(13) Reference monuments and/or lot markers shall be shown on the plan and shall be placed as required by § 390-49 of this chapter.

(14) Any existing buildings located on the tract being subdivided shall be platted to demonstrate compliance with setback requirements.

(15) The proposed building reserve (setback) lines for each lot, or the proposed placement of each building.

(16) The name and number and pavement width and right-of-way lines of all existing public roads and the name, location and pavement width and right-of-way lines of all other roads within or abutting the property.

(17) Names of adjoining property owners including those across adjacent roads, and the names of all adjoining subdivisions including those across adjacent roads with the book and page where each property and/or subdivision is recorded; along with the Tax Map number for each property shown.

(18) Watercourses, lakes, streams, ponds with names, and other significant features, constructed or natural including utilities, wells and sewage systems.

(19) Wetlands in accord with § 390-57, if required.

(20) A clear sight triangle shall be clearly shown for all road intersections.

(21) Site data including, total acreage, number of lots, existing zoning district (if zoning is in effect) and Tax Map number.

(22) Existing or proposed contour lines at an interval of not greater than 20 feet as superimposed from the latest USGS. quadrangle or from a field survey. A minimum of two contour lines are required to show direction and amount of slope.

(23) Location of all flood hazard areas as shown on the most recent FIA/FEMA mapping.

(24) The location and extent of various soil types by NRCS classification for each type.

(25) The location of any soil test pits and/or percolation tests. The logs of the test pit evaluations and the results of the percolation tests shall accompany the plan.

(26) Any existing or proposed areas of wells and subsurface sewage disposal fields when on-site disposal is proposed.

(27) A location map at a scale of one inch equals 800 feet for the purpose of locating the property being subdivided.

(28) A signature block in the lower right hand eighth of the plan immediately above the title block for recommendation by the Planning Commission and for the approval of the Board of Commissioners shall be provided including a space for the date of recommendation/approval. Include provision for plan revisions including space for a brief description of the revision directly to the left of the title block.

(29) Signature blocks for the Township Engineer and Monroe County Planning Commission.

(30) A title block on the lower right corner.

(31) Certificate of ownership and acknowledgment of the plan, in the form provided by the Township, which shall be accurately completed, signed by the owner of the property, dated and notarized.

(32) Certificate of accuracy and compliance, in the form provided by the Township, dated and signed by the registered professional land surveyor responsible for the plan and embossed with his or her seal.

(33) The following items and notes shall be on all final plans when applicable, in the form of protective and/or restrictive covenants:

(a) Building setbacks, easements, buffers, etc., that would limit building.

(b) Corner lot sight easements.

(c) Utility, drainage and slope easements.

(d) "Well and sewage disposal systems shall be constructed in accordance with recommended standards of the Pennsylvania Department of Environmental Protection."

(e) "Individual owners of lots must apply to the Township for, and obtain, a sewage permit prior to undertaking the construction of an on-lot sewage disposal system."

(f) "The Planning Commission and the Commissioners have not passed upon the feasibility of any individual lot or location within a lot being able to sustain any type of well or sewage disposal system."

(g) "The applicant hereby certifies that every contract for the sale of a lot shown on this plan, and for which there is no currently existing community sewage system available, will contain a statement in the contract of sale advising the purchaser of his rights and obligations under Act Number 280 of 1976, amending the Pennsylvania Sewage Facilities Act."[1]

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

(h) "By approval of this plan the Township has neither confirmed nor denied the existence and/or extent of any wetland areas whether or not delineated on the plan and any encroachment thereon for any reason whatsoever shall be the sole responsibility of the subdivider and/or developer, his heirs, successors and assigns and shall be subject to the jurisdiction of the Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection and said encroachment shall conform to the rules and regulations of the jurisdictional agencies."

(i) "This plan is under and subject to all of the rules, regulations, requirements and restrictions as set forth in the Pocono Township Subdivision and Land Development Ordinance and the Pocono Township Zoning Ordinance, as both are amended."

(j) The applicable highway occupancy note(s) shall appear on the plan: "A highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the 'State Highway Law,' before driveway access to a state highway is permitted"; and/or "A highway occupancy permit is required pursuant to the Pocono Township Road Encroachment Ordinance before driveway access to a Township road is permitted." The applicable note(s) shall also state: "Access to the public road shall be only as authorized by a highway occupancy permit."

(k) In the event the Subdivision includes the joining or annexing of lots, parcels or tracts of land, the following shall appear on the plan: "Lot Number _____ shall be joined to and become an inseparable part of Lot Number _____ and cannot be subdivided or sold separately or apart therefrom without prior Township approval."

(l) "The applicant, his heirs, successors or assigns will implement all requirements and obtain all permits and approvals as required by any and all local, state or federal agencies and authorities, and does hereby acknowledge and agree that if said permits and approvals are not obtained as required, then any and all approvals given by Pocono Township will become null and void with no further action on the part of the Township."

(m) A listing of any subdivision/land development waivers or modifications, zoning variances, special exceptions and/or conditional uses that have been granted, including the date of the order of the Pocono Township Zoning Hearing Board or Board of Commissioners granting the same.

(n) If the plans include any stormwater management planning, controls or devices, the following covenant shall appear on the plan: "The owners, their heirs, executors, administrators, successors and assigns, shall make provision and be responsible for the installation, maintenance, operation and repair of any and all stormwater management facilities and controls depicted on this plan and other plans and documents supporting the same, including, but not limited to, all infiltration devices, buffers, detention basins, inlets, swales, pipes, berms and spreaders. Pocono Township is hereby granted the right to inspect all permanent stormwater management facilities and controls at any reasonable time. If Pocono Township determines at any time that any of said stormwater management facilities or controls have been eliminated, altered or improperly maintained, the then owner shall be advised of the corrective measures required and be afforded a reasonable period of time to take the necessary corrective action. Pocono Township shall have the right, but not the obligation, of ingress, egress and regress to any and all of the stormwater management facilities and controls, as well as upon and within the utility and drainage easements as shown on this plan, for the purpose of installation, maintenance and/or repair due to the failure or neglect of the owner to perform the same within the time required, or for emergency remedies to the stormwater management facilities and controls if necessary, if Pocono Township elects to perform such installation, maintenance and/or repair. All costs and expenses incurred by Pocono Township in relation to any work performed by Pocono Township pursuant to the provisions of this covenant and/or the enforcement of the same, shall be the joint and several responsibility of the owner and any occupier of the property who violated the provisions of this covenant, payable by the owners and/or occupiers of the property, their heirs, administrators, executors, successors and assigns upon demand by Pocono Township, and shall constitute a lien against the property until paid in full. The remedies of Pocono Township pursuant to this covenant are in addition to all other rights and remedies available to Pocono Township, its successors and assigns, pursuant to any statute, ordinance, at law or in equity. All of the foregoing is more particularly and at large provided in that certain Stormwater Management Agreement and Declaration of Easement between the owner and the Township dated ___________, 20_____, the terms and provisions of which are incorporated herein by reference. This covenant shall run with the land."

C. Supporting documents and information.

(1) The required sewage facilities planning modules along with the site investigation reports.

(2) Typical cross sections for any private access roads of a design adequate for anticipated traffic along with center-line profiles and vertical curve data.

D. Additional information. The Township shall request any other necessary information based on the specific characteristics of the project.

E. Application forms and certifications. The applicant shall complete and submit such application forms and certifications as prescribed by the Township for submission with minor subdivision applications.

§ 390-28 Lot line adjustments and revisions to previously approved plans.

Plans for lot line adjustments and revisions to previously approved plans shall be prepared by a qualified professional (See definition in Article II.) as applicable and required by state law; and shall be submitted pursuant to the following:

A. Drafting standards.

(1) The plan shall be clearly and legibly drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, 60 feet, 80 feet, 100 feet or 200 feet to the inch.

(2) Dimensions shall be in feet and hundredths of feet and bearings shall be in degrees, minutes and seconds for the boundary of the entire tract and lot lines.

(3) The survey shall not have an error of closure greater than one in 10,000 feet and shall include a boundary closure report.

(4) The sheet size shall be no larger than 24 inches by 36 inches, unless permitted by the Planning Commission. If the plan is prepared in two or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one sheet is necessary, each sheet shall be the same size and numbered to show the relationship to the total number of sheets in the plan (e.g., Sheet 1 of 5), and a key diagram showing the relative location of the several sections shall be drawn on each sheet.

(5) Plans shall be legible in every detail.

B. Plan information for lot line adjustments and revisions to previously approved plans.

(1) Name and address of owner of record (if a corporation, give name of each officer).

(2) Name, address, license number, original seal and original signature of the qualified professional (See definition in Article II.) responsible for the preparation of the minor subdivision plan.

(3) Date, including the month, day and year that the final plan for the minor subdivision was completed and the month, day and year of each plan revision along with a description of the revision.

(4) The deed book volume and page number reference of the latest source(s) of title to the land being subdivided.

(5) North arrow (true or magnetic).

(6) Graphic scale and written scale.

(7) Sufficient data, acceptable to the Township, to determine readily the location, bearing and length of every boundary, road or lot line. All dimensions shall be shown in feet and hundredths of a foot. All bearings shall be shown to the nearest one second of an arc.

(8) The original and proposed lot numbers shown on the appropriate lots.

(9) Building setback lines.

(10) Any existing buildings located on the tract being subdivided shall be platted to demonstrate compliance with setback requirements.

(11) Reference monuments and/or lot markers shall be shown on the plan and shall be placed as required by § 390-49 of this chapter.

(12) The area of each lot or parcel shall be shown within each lot or parcel, the area of each shown in the nearest 1/100th of an acre or square feet.

(13) Lot lines to be eliminated shown with a broken line and labeled "Lot line to be eliminated."

(14) The name and number and pavement width and right-of-way lines of all existing public roads and the name, location and pavement width and right-of-way lines of all other roads within or abutting the property.

(15) Names of adjoining property owners including those across adjacent roads, and the names of all adjoining subdivisions including those across adjacent roads with the book and page where each property and/or subdivision is recorded; along with the Tax Map number for each property shown.

(16) The area of each lot, existing and proposed.

(17) A reference to the recorded subdivision plan where the lots were originally subdivided including recording information.

(18) A location map at a scale of one inch equals 800 feet for the purpose of locating the property being subdivided.

(19) Zoning district.

(20) A signature block in the lower right hand eighth of the plan immediately above the title block for the approval of the Board of Commissioners including a space for the date approval.

(21) Certificate of ownership and acknowledgment of the plan, in the form provided by the Township, which shall be accurately completed, signed by the owner of the property, dated and notarized.

(22) Certificate of accuracy and compliance, in the form provided by the Township, dated and signed by the registered professional land surveyor responsible for the plan and embossed with his or her seal.

(23) The following items and notes shall be on all lot line adjustment/revision plans when applicable, in the form of protective and/or restrictive covenants:

(a) "Well and sewage disposal systems shall be constructed in accordance with recommended standards of the Pennsylvania Department of Environmental Protection."

(b) "Individual owners of lots must apply to the Township for, and obtain, a sewage permit prior to undertaking the construction of an on-lot sewage disposal system."

(c) "The Planning Commission and the Commissioners have not passed upon the feasibility of any individual lot or location within a lot being able to sustain any type of well or sewage disposal system."

(d) "By approval of this plan the Township has neither confirmed nor denied the existence and/or extent of any wetland areas whether or not delineated on the plan and any encroachment thereon for any reason whatsoever shall be the sole responsibility of the subdivider and/or developer, his heirs, successors and assigns and shall be subject to the jurisdiction of the Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection and said encroachment shall conform to the rules and regulations of the jurisdictional agencies."

(e) "This plan is under and subject to all of the rules, regulations, requirements and restrictions as set forth in the Pocono Township Subdivision and Land Development Ordinance and the Pocono Township Zoning Ordinance, as both are amended."

(f) The applicable highway occupancy note(s) shall appear on the plan: "A highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the 'State Highway Law,' before driveway access to a state highway is permitted"; and/or "A highway occupancy permit is required pursuant to the Pocono Township Road Encroachment Ordinance, before driveway access to a Township road is permitted." The applicable note(s) shall also state: "Access to the public road shall be only as authorized by a highway occupancy permit."

(g) In the event the subdivision incorporates a private access road as defined in this chapter, the following shall appear on the plan: "The maintenance of the private access road and turnaround shall be the responsibility of the owner(s) of the lots served by the road. The private access road shall remain private and shall not be offered for dedication to the Township as a public road."

(h) In the event the subdivision includes the joining or annexing of lots, parcels or tracts of land, the following shall appear on the plan: "Lot Number _____ shall be joined to and become an inseparable part of Lot Number _____ and cannot be subdivided or sold separately or apart therefrom without prior Township approval."

(i) "The applicant, his heirs, successors or assigns will implement all requirements and obtain all permits and approvals as required by any and all local, state or federal agencies and authorities, and does hereby acknowledge and agree that if said permits and approvals are not obtained as required, then any and all approvals given by Pocono Township will become null and void with no further action on the part of the Township."

(j) When easements are not delineated specifically, "the approval of this plan by the Board of Commissioners does not have the effect of altering, redefining or extinguishing any easements of record, existing on or over the subject property."

(k) "This plan supersedes the plot plan filed in the Monroe County Recorder of Deeds Office in Plot Book Volume _____, Page _____, but only to the extent depicted on this plan. In all other respects, said recorded plan shall remain in full force and effect."

(l) If the plans include any stormwater management planning, controls or devices, the following covenant shall appear on the plan: "The owners, their heirs, executors, administrators, successors and assigns, shall make provision and be responsible for the installation, maintenance, operation and repair of any and all stormwater management facilities and controls depicted on this plan and other plans and documents supporting the same, including, but not limited to, all infiltration devices, buffers, detention basins, inlets, swales, pipes, berms and spreaders. Pocono Township is hereby granted the right to inspect all permanent stormwater management facilities and controls at any reasonable time. If Pocono Township determines at any time that any of said stormwater management facilities or controls have been eliminated, altered or improperly maintained, the then owner shall be advised of the corrective measures required and be afforded a reasonable period of time to take the necessary corrective action. Pocono Township shall have the right, but not the obligation, of ingress, egress and regress to any and all of the stormwater management facilities and controls, as well as upon and within the utility and drainage easements as shown on this plan, for the purpose of installation, maintenance and/or repair due to the failure or neglect of the owner to perform the same within the time required, or for emergency remedies to the stormwater management facilities and controls if necessary, if Pocono Township elects to perform such installation, maintenance and/or repair. All costs and expenses incurred by Pocono Township in relation to any work performed by Pocono Township pursuant to the provisions of this covenant and/or the enforcement of the same, shall be the joint and several responsibility of the owner and any occupier of the property who violated the provisions of this covenant, payable by the owners and/or occupiers of the property, their heirs, administrators, executors, successors and assigns upon demand by Pocono Township, and shall constitute a lien against the property until paid in full. The remedies of Pocono Township pursuant to this covenant are in addition to all other rights and remedies available to Pocono Township, its successors and assigns, pursuant to any statute, ordinance, at law or in equity. All of the foregoing is more particularly and at large provided in that certain Stormwater Management Agreement and Declaration of Easement between the owner and the Township dated ___________, 20_____, the terms and provisions of which are incorporated herein by reference. This covenant shall run with the land."

(m) Specific additional restrictions or covenants that the Board of Commissioners deems appropriate.

C. Additional information. The Township shall request any other necessary information based on the specific characteristics of the project.

D. Application forms and certifications. The applicant shall complete and submit such application forms and certifications as prescribed by the Township for submission with minor subdivision applications.

§ 390-29 Plan requirements for land developments.

A. Applicability. All plans for land developments, except as noted in Subsection B below, shall be submitted in accord with this § 390-29.

B. Nonqualifying land developments - preliminary plans and final plans required. Land developments which involve the transfer of any interest in real estate other than rental or short-term lease shall comply with § 390-16, Preliminary plans, and § 390-17, Final plans, of this chapter.

C. Plan preparation. Land development plans shall be prepared by a qualified professional (See definition in Article II.) as applicable and required by state law.

D. Elements. The submission requirements for a land development plan shall consist of the following elements, and shall be prepared in accordance with the drafting standards and plan requirements described herein:

(1) Site context map;

(2) Existing resources and site analysis;

(3) Resource impact and conservation analysis; and

(4) Improvements plan;

(5) Studies and reports as set forth in other parts of this chapter.

E. Drafting standards.

(1) The plan shall be clearly and legibly drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, 60 feet, 80 feet, 100 feet or 200 feet to the inch.

(2) Dimensions shall be in feet and hundredths of feet; bearings shall be in degrees, minutes and seconds for the boundary of the entire tract, and dimensions in feet for lot lines.

(3) The survey shall not have an error of closure greater than one in 10,000 feet and shall include a boundary closure report.

(4) The sheet size shall be no smaller than 11 inches by 17 inches and no larger than 24 inches by 36 inches. If the plan is prepared in two or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one sheet is necessary, each sheet shall be the same size and numbered to show the relationship to the total number of sheets in the plan (e.g., Sheet 1 of 5), and a key diagram showing the relative location of the several sections shall be drawn on each sheet.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5) Plans shall be legible in every detail.

F. Site context map. A map compiled from existing information showing the location of the proposed land development within its neighborhood context shall be submitted. For sites under 100 acres in area, such maps shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the map shall show the above relationships within 2,000 feet of the site. The features that shall be shown on site context maps include topography (from USGS. maps), stream valleys, wetland complexes (from maps published by the United States Fish and Wildlife Service or the USDA Natural Resources Conservation Service), woodlands over 1/2 acre in area (from aerial photographs), ridgelines, public roads and trails, utility easements and rights-of-way, public land, and land protected under conservation easements.

G. Existing resources and site analysis. For all land developments, an existing resources and site analysis shall be prepared to provide the developer and the municipality 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. The Planning Commission shall review the plan to assess its accuracy, conformance with municipal ordinances, and likely impact upon the natural and cultural resources on the property. The following information shall be included:

(1) A vertical aerial photograph enlarged to a scale not less detailed than one inch equals 400 feet, with the site boundaries clearly marked.

(2) Topography, the contour lines of which shall generally be at two-foot intervals although ten-foot intervals are permissible beyond the parcel boundaries, interpolated from USGS published maps. The determination of appropriate contour intervals shall be made by the Planning Commission, which may specify greater or lesser intervals on exceptionally steep or flat sites. Slopes between 15% and 25% and exceeding 25% shall be clearly indicated. Topography for land developments 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 USGS bench marks the location and datum of which shall be shown on the plan.

(3) The location and delineation of ponds, vernal pools, 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.

(4) Vegetative cover conditions on the property according to general cover type including cultivated land, permanent grass land, meadow, pasture, old field, hedgerow, woodland and wetland, the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age and condition.

(5) Soil series, types and phases, as mapped by the United States 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).

(6) Watershed boundaries shall be identified.

(7) A viewshed analysis using GIS or other suitable methodology showing the location and extent of views into the property and along ridgelines from critical points along adjoining public roads and how the views will be affected by the proposed development and what design elements will be used to minimize the visual effects.

(8) 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.

(9) All existing man-made features including but not limited to roads, driveways, farm roads, woods roads, buildings, foundations, walls, wells, drainage fields, dumps, utilities, fire hydrants, and storm and sanitary sewers.

(10) Locations of all historically significant sites or structures on the tract, including but not limited to cellar holes, stone walls, earthworks, and graves.

(11) Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.).

(12) All easements and other encumbrances of property which are or have been filed of record with the Recorder of Deeds of Monroe County shall be shown on the plan.

H. Resource impact and conservation analysis.

(1) A resource impact and conservation analysis shall be prepared for all land development applications to categorize the impacts of the proposed activities and physical alterations on those resources shown on the existing resources and site analysis (as required under § 390-29G). All proposed improvements, including but not necessarily limited to grading, fill, roads, buildings, utilities and stormwater detention facilities, as proposed in the other proposed land development plan documents, shall be taken into account in preparing the preliminary resource impact and conservation analysis, which shall clearly demonstrate that the applicant has minimized site disturbance to the greatest extent practicable.

(2) Using the existing resources and site analysis as a base map, impact areas shall be mapped according to the following categories: 1) primary impact areas, i.e., areas directly impacted by the proposed land development, 2) secondary impact areas, i.e., areas in proximity to primary areas which may be impacted, and 3) designated protected areas, either to be included in a proposed greenway or an equivalent designation such as dedication of a neighborhood park site.

(3) In addition, the applicant shall submit an accompanying resource assessment report divided into the following sections:

(a) Description of existing resources as documented in § 390-29G.

(b) Impacts of the proposed development on existing resources, correlated to the areas depicted in the resource impact and conservation analysis.

(c) Measures taken to minimize and control such impacts both during and following the period of site disturbance and construction.

(d) The qualifications and experience of the preparer of the report.

(4) This requirement for a resource impact and conservation analysis may be waived by the Township if, in its judgment, the proposed development areas, as laid out in the sketch plan or in the land development plan would be likely to cause no more than an insignificant impact upon the site's resources.

I. Improvements plan. This plan shall include the following items:

(1) Historic resources, trails and significant natural features, including topography, areas of steep slope, wetlands, one-hundred-year floodplains, swales, rock outcroppings, vegetation, existing utilities, and other site features, as indicated on the existing resources and site analysis.

(2) Existing and proposed lot lines, lot areas, full lot grading, driveway locations and elevations, and any existing easements and rights-of-way.

(3) Location, alignment, width, profile and proposed names of all proposed roads and road rights-of-way, including all road extensions or spurs that are reasonably necessary to provide adequate road connections and facilities to adjoining development or undeveloped areas; preliminarily engineered profiles for proposed roads.

(4) Information indicating available and safe sight stopping distances for all driveways, access drives, roads, etc., which must be in compliance with the most current version Pennsylvania Department of Transportation specifications.

(5) Location of proposed swales, drainage easements, stormwater and other management facilities.

(6) Where community sewage service is proposed, the proposed layout of proposed sewage systems, including but not limited to the proposed locations of sewer mains and sewage treatment plants, showing the type and degree of treatment intended and the size and capacity of treatment facilities.

(7) Where central water service is proposed, the proposed layout of proposed water distribution facilities including water mains, fire hydrants, storage tanks and, where appropriate, wells or other water sources.

(8) Location of all percolation tests as may be required under this chapter, including all failed test sites or pits as well as those approved. All approved sites shall be clearly distinguished from unapproved sites.

(9) Limit-of-disturbance line (must be exact in relation to the retention of existing trees proposed to be saved).

(10) Location and dimensions of proposed playgrounds, public buildings, public areas and parcels of land proposed to be dedicated or reserved for public use.

(11) If land to be subdivided lies partly in or abuts another municipality, the applicant shall submit information concerning the location and proposed design of roads, layout and size of lots and provisions of public improvements on land subject to his control within the adjoining municipalities. The design of public improvements shall provide for a smooth, practical transition where specifications vary between municipalities. Evidence of approval of this information by appropriate officials of the adjoining municipalities also shall be submitted.

(12) Where the applicant proposes to install the improvements in phases, he shall submit with the land development plan a delineation of the proposed sections and a schedule of deadlines within which applications for final approval of each section are intended to be filed.

(13) Utilities and easements.

(a) Locations of existing and proposed utility easements.

(b) Layout of all proposed sanitary and storm sewers and location of all inlets and culverts, and any proposed connections with existing facilities. (This data may be on a separate plan.)

(c) The proposed location of on-site sewage and water facilities.

(14) Location of proposed shade trees, plus locations of existing vegetation to be retained.

(15) A signature block in the lower right hand eighth of the plan immediately above the title block for recommendation by the Planning Commission and for the approval of the Board of Commissioners shall be provided including a space for the date of recommendation/approval. Include provision for plan revisions including space for a brief description of the revision directly to the left of the title block.

(16) Signature blocks for the Township Engineer and Monroe County Planning Commission.

(17) Zoning data (if a zoning ordinance is in effect), including all of the following, when applicable:

(a) Zoning district designations.

(b) Zoning district boundary lines traversing the proposed land development.

(c) Zoning district boundary lines within 1,000 feet of the proposed land development, shown on location map.

(18) A title block shall be included on the lower right corner.

(19) Name and address of project.

(20) Name and address of the owner of record (if a corporation, give name of each officer) and current deed book and page where the deed of record is recorded.

(21) Name and address of developer if different from landowner (if a corporation, give name of each officer).

(22) Name, address, license number, original seal and original signature of the qualified professional (See definition in Article II.) responsible for the preparation of the plan.

(23) Date, including the month, day and year that the land development plan was initially prepared and the month, day and year for each plan revision along with a description of the revision.

(24) A key map for the purpose of locating the property being subdivided and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all roads, roads, municipal boundaries, zoning districts (if zoning is in effect), watercourses and any area subject to flooding.

(25) North arrow (true or magnetic).

(26) Graphic scale and written scale.

(27) Names of present adjoining property owners and the names of all adjoining subdivisions, if any, including property owners and/or subdivisions across adjacent roads, along with the current Tax Map number for each property shown.

(28) The road name and number (if applicable) where the property is located.

(29) Certificate of ownership and acknowledgment of the plan, in the form provided by the Township, which shall be accurately completed, signed by the owner of the property, dated and notarized.

(30) Certificate of accuracy and compliance, in the form provided by the Township, dated and signed by the registered professional land surveyor responsible for the plan and embossed with his or her seal.

(31) Excepted parcels or sections shall be marked "not included in this plat" with the boundary completely indicated by bearings and distances.

(32) The following items shall be on all land development plans in the form of protective covenants and/or notes:

(a) Building setbacks.

(b) Corner lot sight easements.

(c) Utility, drainage and slope easements.

(d) "Well and sewage disposal systems shall be constructed in accordance with recommended standards of the Pennsylvania Department of Environmental Protection."

(e) "Individual owners of lots must apply to the Township for, and obtain, a sewage permit prior to undertaking the construction of an on-lot sewage disposal system."

(f) "The Planning Commission and the Commissioners have not passed upon the feasibility of any individual lot or location within a lot being able to sustain any type of well or sewage disposal system."

(g) "The applicant hereby certifies that every contract for the sale of a lot shown on this plan, and for which there is no currently existing community sewage system available, will contain a statement in the contract of sale advising the purchaser of his rights and obligations under Act Number 280 of 1976, amending the Pennsylvania Sewage Facilities Act."[2]

[2] Editor's Note: See 35 P.S. § 750.1 et seq.

(h) "By approval of this plan the Township has neither confirmed nor denied the existence and/or extent of any wetland areas whether or not delineated on the plan and any encroachment thereon for any reason whatsoever shall be the sole responsibility of the subdivider and/or developer, his heirs, successors and assigns and shall be subject to the jurisdiction of the Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection and said encroachment shall conform to the rules and regulations of the jurisdictional agencies."

(i) "This plan is under and subject to all of the rules, regulations, requirements and restrictions as set forth in the Pocono Township Subdivision and Land Development Ordinance and the Pocono Township Zoning Ordinance, as both are amended."

(j) The applicable highway occupancy note(s) shall appear on the plan: "A highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the 'State Highway Law,' before driveway access to a state highway is permitted; and/or "A highway occupancy permit is required pursuant to the Pocono Township Road Encroachment Ordinance before driveway access to a Township road is permitted." The applicable note(s) shall also state: "Access to the public road shall be only as authorized by a highway occupancy permit."

(k) In the event the subdivision includes the joining or annexing of lots, parcels or tracts of land, the following shall appear on the plan: "Lot Number _____ shall be joined to and become an inseparable part of Lot Number _____ and cannot be subdivided or sold separately or apart therefrom without prior Township approval."

(l) "The applicant, his heirs, successors or assigns will implement all requirements and obtain all permits and approvals as required by any and all local, state or federal agencies and authorities, and does hereby acknowledge and agree that if said permits and approvals are not obtained as required, then any and all approvals given by Pocono Township will become null and void with no further action on the part of the Township."

(m) A listing of any subdivision/land development waivers or modifications, zoning variances, special exceptions and/or conditional uses that have been granted, including the date of the order of the Pocono Township Zoning Hearing Board or Board of Commissioners granting the same.

(n) If the plans include any stormwater management planning, controls or devices, the following covenant shall appear on the plan: "The owners, their heirs, executors, administrators, successors and assigns, shall make provision and be responsible for the installation, maintenance, operation and repair of any and all stormwater management facilities and controls depicted on this plan and other plans and documents supporting the same, including, but not limited to, all infiltration devices, buffers, detention basins, inlets, swales, pipes, berms and spreaders. Pocono Township is hereby granted the right to inspect all permanent stormwater management facilities and controls at any reasonable time. If Pocono Township determines at any time that any of said stormwater management facilities or controls have been eliminated, altered or improperly maintained, the then owner shall be advised of the corrective measures required and be afforded a reasonable period of time to take the necessary corrective action. Pocono Township shall have the right, but not the obligation, of ingress, egress and regress to any and all of the stormwater management facilities and controls, as well as upon and within the utility and drainage easements as shown on this plan, for the purpose of installation, maintenance and/or repair due to the failure or neglect of the owner to perform the same within the time required, or for emergency remedies to the stormwater management facilities and controls if necessary, if Pocono Township elects to perform such installation, maintenance and/or repair. All costs and expenses incurred by Pocono Township in relation to any work performed by Pocono Township pursuant to the provisions of this covenant and/or the enforcement of the same, shall be the joint and several responsibility of the owner and any occupier of the property who violated the provisions of this covenant, payable by the owners and/or occupiers of the property, their heirs, administrators, executors, successors and assigns upon demand by Pocono Township, and shall constitute a lien against the property until paid in full. The remedies of Pocono Township pursuant to this covenant are in addition to all other rights and remedies available to Pocono Township, its successors and assigns, pursuant to any statute, ordinance, at law or in equity. All of the foregoing is more particularly and at large provided in that certain Stormwater Management Agreement and Declaration of Easement between the owner and the Township dated ___________, 20_____, the terms and provisions of which are incorporated herein by reference. This covenant shall run with the land."

J. Supporting documents and information. The following supporting documents, plans and information shall be submitted with land development plans for all land developments:

(1) Road, accessway and parking area information as follows:

(a) Typical cross-section drawings for all proposed roads showing the following:

[1] Typical cut sections.

[2] Typical fill sections.

[3] Superelevated sections.

[4] Typical parallel drainage.

(b) Profiles along the top of the cartway center line showing existing and proposed grade lines and printed elevations of the proposed grade lines at fifty-foot intervals.

(c) Truck turning movement diagrams for at least a WB-50 truck.

(d) Road, accessway and lighting and parking area lighting.

(2) Exterior elevations of any proposed buildings including at least the front and side elevations.

(3) Any existing or proposed deed restrictions, protective and restrictive covenants that apply to the land development plan.

(4) All proposed offers of dedication and/or reservation of rights-of-way and land areas with conditions attached.

(5) Existing documents of dedication and/or reservation of rights-of-way and land areas with conditions attached.

(6) Proof of legal interest in the property, a copy of the latest deed of record and a current title search report.

(7) Water supply information. In the case of individual on-lot wells, information documenting water table depth and potential for affecting the groundwater supply. In the case of community systems:

(a) A statement from a professional engineer of the type and adequacy of any community water supply system proposed to serve the project.

(b) Preliminary design of any central water supply system.

(c) Publicly owned central system. A letter from the water company or authority stating that said company or authority will supply the development including a verification of the adequacy of service.

(d) Privately owned central system. A statement setting forth the proposed ownership of the system and responsibility for operation and maintenance.

(e) A copy of any application for any permit, license or certificate required by DEP or the Pennsylvania Public Utility Commission for the construction and operation of any proposed central water supply system. Land development plan approval shall be conditioned on the issuance of said permits by PA DEP and/or PA PUC.

(8) Sewage disposal information.

(a) Completed sewage facilities planning module(s) for land development and other required sewage planning documents as required by the Pennsylvania Sewage Facilities Act[3] and PA DEP.

[3] Editor's Note: See 35 P.S. § 750.1 et seq.

(b) Private sewage treatment plants and community on-lot systems. A preliminary design of the system and a statement setting forth the proposed ownership of the system and responsibility for operation and maintenance.

(c) If service by the Township, a sewer authority or a public utility is proposed, a letter or other written certification from the Township, the authority or the public utility stating that it will provide the necessary sewer service and verifying that its system has adequate capacity to do so.

(9) A list of any public utility, environmental or other permits required and if none are required a statement to that effect. The Township may require a professional engineer's certification of such list.

(10) Confirmation that the soil erosion and sedimentation control plan has been accepted for review by the Monroe County Conservation District. (See also § 390-51.)

(11) Drainage/stormwater management plan meeting the requirements of this chapter and any Stormwater Management Ordinance adopted by the Township.

(12) Preliminary bridge designs and a statement by the applicant's engineer regarding any approvals required by the state or federal government.

(13) A landscaping plan documenting compliance with § 390-55.

(14) Where the land included in the subject application has an electric transmission line, a gas pipeline, or a petroleum or petroleum products transmission line located within the tract, the land development plan shall be accompanied by a letter from the owner or lessee of such right-of-way stating any conditions on the use of the land and the minimum building setback and/or right-of-way-lines. This requirement may also be satisfied by submitting a copy of the recorded agreement.

(15) Confirmation that the highway occupancy permit application has been accepted for review by the Township or PennDOT as applicable.

(16) A plan for the ownership of and maintenance of all improvements, common areas and open space as required by §§ 390-38 and 390-39 of this chapter.

(17) Wetland studies as required by § 390-57 of this chapter.

(18) Steep slope information as required to document compliance with this chapter.

(19) Copies of all other required permits or the applications made therefor.

(20) Design plans and calculations, signed and sealed by a professional engineer for any retaining walls over four feet in height.

K. Community/financial impact analysis. A community impact analysis including the following information shall be required for land developments containing 15 or more dwelling units or residential lots in the aggregate; all nonresidential developments (with the exception of agricultural development) with buildings containing in excess of 20,000 square feet of floor space in the aggregate; or development of any kind impacting 30 acres of land or more in the aggregate.

(1) Community impact. The impact analysis shall indicate the existing facilities that meet the increased needs that the development will bring to the Township and the improvements, if any, which will have to be made to accommodate the increased needs, addressing, at a minimum, the following:

(a) The number of residents and public school children generated by the proposed development.

(b) Increases in vehicular traffic and the ability of the existing road system to accommodate traffic and increases.

(c) The anticipated load on public utilities, police and fire protection.

(d) Disturbance to the natural ecology, such as alluvial soil areas, loss of tree cover and land erosion.

(e) Harmony with the character of surrounding development.

(f) Feasibility of providing public transportation to the site.

(g) Anticipated time period to sell\rent the proposed development.

(2) Financial analysis. The following information shall be provided:

(a) Anticipated annual revenues to the Township and the school district for each of the first five years of the development and at project build-out.

(b) Anticipated Township and school district expenses associated with the development for each of the first five years of the development and at project build-out.

(3) Phase I environmental site assessment (PESA).

(a) The purpose of the PESA shall be to identify current and historical items associated with the property that may constitute a threat to the environment. The assessment, prepared in accord with ASTM E1527-05, as amended, may be required by the Township Planning Commission and/or Board of Commissioners for all developments, regardless of the number of lots, size of the building or acreage disturbed, if the land proposed for development is known to contain or suspected of containing items which may constitute a threat to the environment.

(b) By including the PESA requirement, Pocono Township makes no representation, expressed or implied, that the PESA, as defined above, will in any way, directly or indirectly, absolve or limit the developer/landowner from liability pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA, or Superfund Act),[4] the Superfund Amendment and the Reauthorization Act of 1986 (SARA), or any other applicable federal, state, county, and local statute, rule or regulation heretofore or hereafter promulgated.

[4] Editor's Note: see 42 U.S.C. § 9601 et seq.

(c) The assessment must include, but shall not be limited to:

[1] A detailed site visit conducted by personnel with proper OSHA Health and Safety Training, including site reconnaissance, interview with knowledgeable sources, and an investigation of surrounding properties, in order to identify the following:

[a] Storage, utilization of agricultural herbicides/pesticides or waste at the site or surrounding properties;

[b] Presence of underground or above ground storage tanks, or other containers, for fuel or agricultural chemical storage;

[c] The possible location and orientation of any underground petroleum pipelines which may come into contact with the site; and

[d] The possible location of on-site fill areas which, because of the deposited material, may pose limitations for structural and/or nonstructural development.

[2] A deeds of record search and review of Pocono Township records in order to identify previous landowners and site operations that could adversely affect the property. Historical aerial photographs must be procured and reviewed in order to identify past on-site or off-site indicators of environmental impacts (e.g., lagoons, trash site, etc.). The review of tax records and maps in order to identify owners and respective land uses of surrounding properties.

[3] A review of the Pennsylvania Department of Environmental Protection (PA DEP) files in order to ascertain whether or not any notices of violation have been issued to the site or nearby properties. In addition, the Unites States Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation, and Liability System (CERCLA) list of potential hazardous waste sites in Pennsylvania and the National Priorities List must be reviewed in order to identify nearby existing or potential national Superfund sites.

L. Additional information. The Township shall require any other necessary information based on the specific characteristics of the proposed project.

M. Application forms and certifications. The applicant shall complete and submit such application forms and certifications as prescribed by the Township for submission with land development plan applications.

N. Land development plan engineering certification. Prior to approval of the land development plan, the applicant shall submit to the Township a land development plan engineering certification stating that the proposed layout of proposed roads, lots, and open lands complies with the Township's ordinances, particularly those sections governing the design of subdivision roads and stormwater management facilities, and that all improvements will be installed in accord with the specific requirements of this chapter or any waivers or modifications granted by the Township. This certification requirement is meant to provide the Township with assurance that the proposed plan is able to be accomplished within the Township's current regulations.

§ 390-30 Requirements for as-built plans.

A. As-built plans shall include the information required by this § 390-30 and additional information may be required on a case-by-case basis.

B. Submission. One legible paper print of the as-built plans and one compact disk with the plans in PDF format shall be submitted to the Township and one of each to the Township Engineer simultaneously.

C. Format. The as-built plans shall consist of the approved plans (as revised through construction) with design information struck with as-built information placed next to design information.

D. Water and sewer. Water and sewer as-built plans shall be coordinated with the respective authorities.

E. Topography. If revised topography is needed due to a significant change in grade (+/- 0.5 feet), the revised topography shall be shown to distinguish it from design topography.

F. Plan information. The following information shall be provided on the as-built plans:

(1) Storm sewer, including revised topography for basin/BMPs (if needed), basin/BMP berm height and width, outlet structure elevations, emergency spillway elevation and length, basin/BMP volume calculations, storm pipes and inlets (including pipe size, slope, inverts, grate elevations), and location of all BMPs including snouts, bottomless inlets, depressed landscape islands, infiltration trenches, porous pavement, etc.

(2) Light pole locations.

(3) Sidewalk locations (if different from design).

(4) Field changes not otherwise required by this section.

(5) Road and traffic signs.

(6) Road elevations, layout, and striping; and if intersections have been revised significantly, sight distance.

(7) Parking spaces including handicapped spaces and access points.

(8) Retaining wall locations and elevations.

(9) Property comer monuments and markers with surveyor's certification.

(10) Building locations with tie distances to property lines.

(11) Utility location in association with easements (i.e., is the utility centered on the easement, etc.).

(12) Other information as deemed necessary by the Township Engineer depending on site conditions.

§ 390-31 Land developments and commercial and industrial subdivisions.

A. All land developments and all commercial and industrial subdivisions shall comply with the applicable requirements of this chapter, including, but not limited to, § 390-29, unless otherwise specified in this § 390-31.

B. General design and site standards for land development. Any proposed commercial establishment shall be considered a land development as defined by the Pennsylvania Municipalities Planning Code[1] and this chapter and shall comply in all respects with all the requirements for plan submission and content for land developments contained, therein, as well as the information which follows. The Township may also require any additional information, studies or reports as it deems necessary to meet the intent of this and other Township ordinances.

(1) Location, widths, and names of all existing or prior platted streets and utility rights-of-way, parks, and other public open spaces, permanent buildings and structures, houses or permanent easements, and zoning and municipal boundary liens within 500 feet of the tract.

(2) A traffic and pedestrian flow chart showing circulation patterns from the public right-of-way and within the confines of the shopping center.

(3) Location and dimensions of vehicular drives, entrances, exists, acceleration and deceleration lanes.

(4) Location, arrangement, and dimensions of automobile parking space, width of aisles, width of bays, angle of parking.

(5) Location, arrangement, and dimensions of truck loading and unloading spaces and docks.

(6) Location and dimensions of pedestrian entrances, exits, walks.

(7) Location, height, and materials of walls, fences, screen plantings, and other landscaped areas.

(8) Preliminary drawings for all buildings.

(9) Location, size, height, and orientation of all signs other than signs flat on building.

[1] Editor's Note: See 53 P.S. § 10101 et seq,

C. Design of commercial establishments and nonresident uses. It is the intent of this § 390-31C to provide standards for the design of commercial establishments and nonresidential uses (referred to as "commercial establishments") to assure the compatibility of the nonresidential development with the surrounding character of the Township. This shall be accomplished by:

(1) Siting buildings, parking areas and other facilities and improvements based upon the particular topography of development site.

(2) Providing safe and convenient access from the public right-of-way based on the existing area, wide traffic circulation pattern and the expected traffic generated by the proposed use.

(3) Designing parking areas to complement patterns of traffic and pedestrian flow and to provide adequate off-street parking for patrons.

(4) Maintaining the greatest extent possible natural vegetation and provide landscaping as an integral part of the overall design of the proposed use and parking areas.

(5) Considering the impact of stormwater, noise, traffic and lighting on surrounding land uses and provide buffers to minimize adverse impacts.

(6) Being consistent with any design guidelines adopted by the Township.

D. Design considerations. The design shall to the greatest extent possible ensure:

(1) Desirable land utilization and aesthetics.

(2) Convenient traffic circulation and parking. Turning movement diagrams shall be provided to demonstrate that the largest truck or emergency vehicle servicing the development can safely and conveniently navigate the proposed roads, drives and parking and loading areas, but in any event for not less than a WB-50 truck.

(3) Adequate service, delivery and pickup.

(4) Design coordination with adjacent parcels of land.

(5) The site, when developed, shall be served by an approved water supply system and an approved sanitary sewer system.

(6) Adequate storm drainage facilities shall be provided. Where applicable, detention basis or other stormwater control methods may be required by the Township.

E. Four-step design. All land developments on sites of three acres or more and all commercial and industrial subdivisions shall be designed in accordance with the four-step design process in § 390-44 with respect to conservation areas and development sites. The applicant shall demonstrate to the Township by the submission of the necessary land development site plans, that the commercial establishment has been designed as follows:

(1) Mapping of primary and secondary conservation areas to identify all areas of the site which will remain undisturbed, along with noting site development practices which will be used to assure nondisturbance.

(2) Locating the building site.

(3) Locating required buffers.

(4) Laying out street access, parking/loading areas, and other required or proposed improvements.

F. Ownership. The site proposed for any multiple occupant commercial establishment shall be held in single ownership or in unified control and the applicant shall provide to the Township evidence of said ownership and/or control.

G. Commercial and industrial lots. Each lot or area plotted for commercial and/or industrial use shall provide, inside of the required yards, an area at least equal to the projected horizontal areas of the proposed building, plus such additional area as is required for parking in conformance with Chapter 470, Zoning. Such area shall have an average slope not greater than 10% and shall be accessible from the existing or proposed road by means of adequately and properly designed service drives having a maximum grade of 12%. In the case of lots using an on-lot sewage disposal system, in addition to such areas, there shall be sufficient areas, separate and apart from parking areas, for the sewage disposal field, and sufficient areas from replacement field, test and approved in accordance with the Department of Environmental Protection regulations.

H. Unified development. Where possible, commercial and industrial parcels shall include sufficient land to provide for a group of commercial and industrial establishments, planned, developed, and operated as a unit. In no case will narrow highway ribbon developments be approved. Individual driveways shall not be permitted and interior service roads shall be required.

I. Roads. Roads in commercial and industrial developments shall comply with the requirements of § 390-48 shall be constructed to collector road standards as required by this chapter.

J. Master sign plan. All commercial and industrial developments shall comply with the master sign plan requirements set forth in the Pocono Township Zoning Ordinance, Article VII, § 470-109.2.

[Added 7-16-2018 by Ord. No. 2018-06]