[Ord. 2-2000, 4/5/2000, § 51]
1. Proposed Subdivision by Auction Sale. If the subdivider proposes
to subdivide by means of an auction sale, he may, as an alternative
procedure, submit a preliminary plan that contains this paragraph:
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"This property is intended to be sold by auction on or about
__________, 20_____, in whole or in part according to this plan. Sale
of lots at the auction will be in the form of agreement to purchase,
and no ownership or interest in those lots will actually be transferred
until a final plan showing the proposed division of property has been
approved by the Board of Supervisors in accordance with its regulations,
and recorded in the office of the County Recorder of Deeds."
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The auction may then proceed in accordance with the above paragraph,
after which the subdivider will prepare and submit a final plan in
accordance with these regulations.
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2. Re-Subdivision Procedure.
A. The Supervisors may excuse an applicant from complying with some
subdivision procedures when he has merely shifted lot lines slightly
to avoid topographic or other similar problems, but any lot-line change
will still require the Supervisors' approval. If major street
changes or other modifications to easements or rights-of-way are considered,
the County Planning Commission and Township Engineer must be notified
and their recommendations considered.
B. In any proposed re-subdivision:
(1)
Every lot or tract of land created or sold must meet all requirements of the Zoning Ordinance [Chapter
27].
(2)
Easements created for drainage may not be changed.
(3)
Every lot must abut a street.
(4)
The character of the areas must be maintained.
C. In every case the applicant must prepare a record plan and submit
it for the endorsements of the Planning Commission and the Supervisors;
he must identify the previous record plan and record the revised one.
[Ord. 2-2000, 4/5/2000, § 52; as amended by Ord.
5-2002, 7/10/2002, § 3]
1. Preliminary Plans.
A. The preliminary plan of a proposed subdivision shall be clearly and
legibly drawn to a scale of one inch equals 50 feet, except that if
the average size of the proposed lots in the subdivision is five acres
or larger, the plan may be drawn to a scale of one inch equals 100
feet, or if the subdivision contains more than 200 acres, the plan
may be drawn to a scale of one inch equals 200 feet. One additional
plan shall be filed which shall be at the scale of one inch equals
600 feet.
B. The original drawing, and all submitted prints thereof, shall be
made on sheets 18 inches by 30 inches, or 24 inches by 34 inches.
If the preliminary plan requires more than one sheet, a key diagram
showing relative location of the several sections shall be drawn on
each sheet.
C. The preliminary plan shall include at a minimum for a minor subdivision:
(1)
Name or any other identifying title, if applicable, of the proposed
subdivision and of the Township, county and state.
(2)
North point, graphic scale, written scale, and date including
month, day and year that the original drawing was completed; month,
day and year that the original drawing was revised, for each revision;
and a clear and concrete description and location of the changes made
in each revision.
(3)
Name of record owner (and developer).
(4)
Name, address, license number and seal of registered engineer
and surveyor responsible for the plan.
(5)
The names of all abutting subdivisions, if any, with the folio
number, book and page numbers where recorded, and the names of the
owners of all adjacent land, if any, and the folio number, book and
page number where recorded.
(6)
A key map, for the purpose of locating the property being subdivided,
drawn at a scale of one inch equals 600 feet and showing the relation
of the property, differentiated by tone or pattern, to adjoining property
and to all streets, roads, municipal boundaries, and recorded subdivision
plans existing within 1,000 feet of any part of the property. In addition,
the name and approximate distance to the closest recognized city,
town or village, or the approximate distance to the nearest existing
street shall be shown, and a title, scale, and North point shall be
indicated.
(7)
Total tract boundaries of the property being developed, showing
bearings and distances, and a statement of total acreage of the property.
(8)
Location and elevation of the datum used shall be a known established
benchmark.
(9)
All existing sewer lines, water lines, fire hydrants, utility
transmission lines, culverts, bridges, railroads, watercourses, easements,
rights-of-way, wetlands, and other significant man-made or natural
features within the proposed subdivision and within 50 feet from the
boundaries of the proposed subdivision.
(a)
All lines (sewer, water, utility, railroad), rights-of-way,
wetlands and easements shall be defined by metes and bounds.
(10)
All existing buildings and other structures.
(11)
All existing streets, including streets of record (recorded
but not constructed), on or abutting the tract; including names, right-of-way
widths, cartway (pavement) widths and approximate grades.
(a)
Proposed new building setback lines from a street and property
line for each lot.
(12)
Lot lines with approximate dimensions.
(13)
Statement as to clearing of land and trees.
(14)
Statement as to grading intended.
(15)
Contour lines at vertical intervals of not more than two feet
for land with average natural slope of 10% or less, and at intervals
of not more than five feet for land with average natural slope exceeding
10%. The datum shall be U.S. Coast and Geodetic Survey. Elevations
shall be determined by on-site survey or by photogrammetric survey.
Interpolation of USGS maps is not permitted.
D. Additionally, the preliminary plan shall show for a major subdivision:
(1)
A statement of the intended use of all nonresidential lots and
parcels.
(2)
Lot numbers and a statement of the total number of lots and
parcels.
(3)
Location of sanitary and storm sewers (and other drainage facilities),
with the size and material of each indicated, and any proposed connections
with existing facilities.
(4)
Location of parks, playground and other areas dedicated or reserved
for public use, with any conditions governing such use.
(5)
Suggested street names and utility easement locations.
(6)
Location and width of all proposed streets and rights-of-way,
with a statement of any conditions governing their use, including
the following:
(a)
Typical street cross-section drawings) for all proposed streets.
Cross-section drawings may be shown on either preliminary plan or
on a profile sheet.
(b)
Tentative profiles along top of cartway (pavement) edges or
along the top of curb for both sides of each proposed street shown
on the preliminary plan. Such profiles shall show natural and finished
grades at one of the following sets of scales or any combination thereof:
1)
One inch equals 10 feet horizontal, and one inch equals one-foot
vertical.
2)
One inch equals 20 feet horizontal, and one inch equals two
feet vertical.
3)
One inch equals 40 feet horizontal, and one inch equals four
feet vertical.
4)
One inch equals 50 feet horizontal, and one inch equals five
feet vertical.
(7)
A plan for the surface drainage of the tract to be developed. Such plan shall include stormwater run-off calculations for the entire property being developed and shall show the proposed method of accommodating the anticipated run-off which shall be subject to the approval of the Township Engineer and Board of Supervisors and be in accordance with the Township Erosion, Sedimentation, and Grading Control Ordinance [Chapter
9], as amended.
(8)
Preliminary designs of any bridges or culverts that may be required.
Such designs shall meet all applicable requirements of the Department
of Environmental Protection and/or the Pennsylvania Department of
Transportation and shall be subject to the approval of the Township
Engineer.
(9)
Three completed copies of a subdivision sewage disposal report.
(10)
Conservation plan as defined in this chapter. Such plan shall
be subject to the approval of the Delaware County Conservation District.
(a)
A breakdown of acreage types (area summary table).
2. Final Plans. The final plan shall contain, where relevant, all of
the information required in this section upon penalty of being refused
for filing.
A. The final plan of a proposed subdivision shall be clearly and legibly
drawn to a scale of one inch equals 50 feet, except that if the average
size of the proposed lots in the subdivision is five acres or larger,
the plan may be drawn to a scale of one inch equals 100 feet.
B. The original drawing, and all submitted prints thereof, shall be
made on sheets 18 inches by 30 inches, or 24 inches by 34 inches.
If the final plan requires more than one sheet, a key diagram showing
relative location of the several sections shall be drawn on each sheet.
C. The final plan shall include at a minimum for a minor subdivision
the following items:
(1)
Name of proposed subdivision (or other identifying title), and
of Township, county and state.
(2)
North point, graphic scale, written scale, and date including
the month, day and year that the original drawing of the final plan
was completed; the month, day and year that the original drawing was
revised for each revision, and a clear and concise description and
location of the change made in each revision.
(3)
Name of the record owner (and developer) of the tract, and the
source(s) of title to the land developed as shown by the records of
the County Recorder of Deeds.
(4)
Name, address, license number and seal of the registered professional
engineer, surveyor or landscape architect responsible for the plan.
(5)
The names of all abutting subdivisions, if any, with the book
and page numbers where recorded, and the names of the owners of all
adjacent land, if any, and the book and page numbers where recorded.
(6)
A key map, for the purpose of locating the property being subdivided,
drawn at a scale of one inch equals 600 feet and showing the relation
of the property, differentiated by tone or pattern, to adjoining property
and to all streets, roads, municipal boundaries and recorded subdivision
plans existing within 1,000 feet of any part of the property. In addition,
the name and approximate distance to the closest recognized city,
town or village, or the approximate distance to the nearest street
shall be shown, and a title, scale and North point shall be indicated.
(7)
The total tract boundary lines of the area being developed with
accurate distances to hundredths of a foot and bearings to one-quarter
of a minute. These boundaries shall be balanced and closed with an
error of closure not to exceed one foot in 10,000 feet provided. However,
the boundary(s) adjoining additional land of the subdivider (for example
between separately submitted final plan sections) is not required
to be based upon field survey, and may be calculated. The monuments
shall be indicated, along with a statement of the total area of the
property being developed. In addition, the surveyor shall certify
to the accuracy of the survey, the drawn plan, and the placement of
the monuments.
(8)
Location and elevation of the datum used shall be a known established
benchmark.
(9)
All existing sewer lines, water lines, fire hydrants, utility
transmission lines, culverts, bridges, railroads, watercourses, easements,
rights-of-way and other significant man-made or natural features within
the proposed subdivision and within 50 feet from the boundaries of
the proposed subdivision.
(a)
All lines (sewer, water, utility, railroad), rights-of-way,
and easements shall be defined by metes and bounds.
(10)
All existing buildings and other structures.
(11)
All existing streets, including streets of record (recorded
but not constructed), on or abutting the tract, including names, right-of-way
widths, cartway (pavement) widths and approximate grades.
(a)
The proposed building reserve (setback) lines from a street
and property lines for each lot, and the proposed placement of each
building where applicable.
(12)
All straight lot lines, and chords and radii of curved lot lines,
defined (in feet and hundredths of a foot) by distances, and (in degrees,
minutes and seconds) either by magnetic bearings or by angles of deflection
from other lot and street lines.
(13)
Statements as to clearing of land and trees.
(14)
Statement as to grading intended.
(15)
Contour lines at vertical intervals of not more than two feet
for land with average natural slope of 10% or less, and at intervals
of not more than five feet for land with average natural slope exceeding
10%. The datum shall be U.S. Coast and Geodetic Survey. Elevations
shall be determined by on-site survey or by photogrammetric survey.
Interpolation of USGS maps is not permitted.
D. Additionally, the final plan shall show for a major subdivision:
(1)
A statement of the intended use of all nonresidential lots.
A statement of restrictions of any type which exist as covenants in
the deed(s) for all lots contained wholly or in part in the development
and, if covenants are recorded, including the deed book, page number
and folio number.
(2)
Lot numbers and a statement of the total number of lots and
parcels, and property addresses as assigned by the Subdivision Coordinator.
(3)
A plan for the surface drainage of the tract to be developed. Such plan shall include stormwater run-off calculations for the entire property being developed, and shall show the proposed method of accommodating the anticipated run-off which shall be subject to the approval of the Township Engineer and Board of Supervisors and be in accordance with the Erosion, Sedimentation and Grading Control Ordinance [Chapter
9], as amended. Location, size and invert elevation of all sanitary and storm sewer facilities, including location of all manholes, inlets and culverts, and any other drainage improvements (this data may be submitted as a separate plan).
(4)
Location of parks, playgrounds, and any other areas dedicated
or reserved for public use.
(a)
All offers of dedication and covenants governing the reservation
and maintenance of undedicated open space and notification of flood
plain area shall bear the certificate of approval of the Township
Solicitor as to their legal sufficiency.
(b)
Such private deed restrictions, including building setback lines,
as may be imposed upon the property as a condition of sale, together
with a statement of any restrictions previously imposed which may
affect the title to the land being developed.
(5)
Street names and utility easement locations. All easements or
rights-of-way where provided for or owned by public services or any
other party who has secured them and any limitations on such easements
or rights-of-way. Rights-of-way shall be shown and accurately identified
on the plan and easements shall be shown or specifically described
on the plan. Utility easements should be located in cooperation with
the public utility companies. If the development proposes a new street
or driveway intersection with a State Legislative Route, then a note
shall be included which states that a highway occupancy permit is
required pursuant to § 420 of the Act of June 1, 1945 (P.L.
1242, No. 428), known as the "State Highway Law," 36 P.S. § 670-101
et seq., before driveway access to a state highway is permitted.
(6)
Location and width of all proposed streets and rights-of-way,
with a statement of any conditions governing their use, including
the following:
(a)
Typical street cross-section drawing(s) for all proposed streets.
Cross-section drawings may be shown either on the final plan or on
the profile sheets.
(b)
The location (and elevation, established) of all existing and
proposed street monuments.
(c)
Profile sheets for all streets within the tract. Such profiles
shall show at least the following information, properly labeled:
1)
Existing (natural) profile along both cartway edges or along
the center line of each street.
2)
Proposed finished grade of the center line, or proposed finished
grade at the top of both curbs, or proposed finished grade at both
cartway (pavement) edges.
3)
The length of all vertical curves. The profile sheets shall
be legibly drawn at one of the following sets of scales or any combination
thereof:
a)
One inch equals 10 feet horizontal, and one inch equals one-foot
vertical.
b) One inch equals 20 feet horizontal, and one inch
equals two feet vertical.
c) One inch equals 40 feet horizontal, and one inch
equals four feet vertical.
d) One inch equals 50 feet horizontal, and one inch
equals five feet vertical.
(7)
A certification of ownership, acknowledgment of plan and offer
of dedication shall be lettered on the plan, and shall be dully acknowledged
and signed by the owner(s) of the property and notarized.
(a)
A space measuring three inches square shall be left along the
lower edge of the sheet, in order that the Recorder of Deeds may acknowledge
receipt and recording of the plan when it is presented.
(8)
Designs of any bridges or culverts that may be required. Such
designs shall meet all applicable requirements of the Pennsylvania
Department of Environmental Protection and/or of the Pennsylvania
Department of Transportation and shall be subject to the approval
of the Township Engineer.
(9)
Three completed copies of a subdivision sewage disposal report.
(10)
Conservation plan overlay, as described in this chapter. Such
plan has been approved by the Delaware County Conservation District.
3. Conservation Plan.
A. The conservation plan that is required to accompany the preliminary
and final subdivision or development plans shall be clearly and legibly
drawn to the same scale as that of the preliminary and final plans
and shall show all existing and proposed contours and features for
the preliminary and final plans.
B. The conservation plan shall show the total tract boundaries of the
property being subdivided or developed and shall show:
(1)
Contour lines at vertical intervals of not more than two feet
for land with average natural slope of 10% or less, and at intervals
of not more than five feet of land with average natural slope exceeding
10%.
(2)
Location and elevation to which contour elevations refer. Where
reasonably practicable, datum used shall be a known, established benchmark.
(3)
All existing watercourses, floodplain areas, tree masses, trees
over four inch caliper not part of a tree mass and other significant
natural features within the proposed subdivision and within 50 feet
from the boundaries of the proposed subdivision.
(4)
Location and results of test holes and/or perc tests whenever
on-site disposal of sewage is planned. Tests will be required on Glenville,
Brandywine and selected other soils at the discretion of the Sewage
Enforcement Officer.
(5)
Location and type of all critical areas and all erosion and sedimentation control measures, including grassed waterways, diversions, debris basins or ponds, structures for water control, open drains and tile, proposed dates when such measures shall be in effect and supporting data assuring compliance with the Township Erosion, Sedimentation and Grading Control Ordinance [Chapter
9], as amended.
(6)
Notations indicating all trees over four inches in caliper or
portions of tree masses proposed to be cleared as part of the proposed
subdivision or development plan, together with reasons for such clearing.
Notations indicating all proposed alterations of the natural grade,
whether by cut or by fill, exceeding one foot, together with reasons
for such alterations.
(7)
Should any proposed alteration of the natural grade exceed the
limits as defined in the publication referred to in Subsection 3B(5)
above, then a different transparent overlay drawn to the same scale
as defined in Subsection 3B(1) shall be prepared and submitted to
show the topographical changes proposed. Changes proposed may be subject
to review and approval of the district conservationist and Township
Engineer, as well as the Board of Supervisors.
(8)
Where buffer areas are needed, permits shall be required where
appropriate.
4. Outdoor Lighting Plan. In the event applicant elects to provide outdoor lighting, an outdoor lighting plan shall be submitted with the preliminary and final subdivision and land development plans and shall be clearly and legibly drawn to the same scale as that of the Preliminary and Final plans and shall meet all of the requirements of §
22-906.
[Ord. 2-2000, 4/5/2000, § 53]
1. Upon completion of improvements, the developer shall notify the Township
of completion in accordance with the Municipalities Planning Code,
53 P.S. § 10101 et seq. The developer shall thereupon follow
the requirements and procedures for approval or rejection as provided
in the Municipalities Planning Code, 53 P.S. § 10101 et
seq.
2. Upon completion of any public improvements shown on an approved subdivision
plan and within 90 days after approval of such public improvements
as herein provided, the developer shall submit written offer of such
public improvements for dedication to the Township. Said offer shall
include a deed of dedication covering the public improvements, together
with a copy of a title insurance policy establishing the developer's
clear title to said property. Such documents are to be filed with
the Township Secretary for review by the Township Solicitor. Deeds
of dedication for public improvements may be accepted by resolution
of the Board at a regular meeting thereof. The Supervisors may require
that at least 50% of the lots in any approved subdivision or development
(or phase thereof, if final plan approval has been in phases) have
certificate of occupancy or dwellings occupied thereon prior to acceptance
of dedication. Should the above mentioned roads or streets, even though
constructed according to specifications, deteriorate before the said
50% of the lots have dwellings occupied thereon, such roads or streets
shall be repaired in a manner acceptable to the Board before being
accepted by the Township.
A. The Board may require that stormwater retention basins or other subdivision
and land development improvements remain undedicated, with maintenance
the responsibility of individual lot owners, a homeowners association
or similar entity, or an organization capable of carrying out maintenance
responsibilities.
B. Subdivision improvements which are to be offered for dedication and
subdivision improvements which may not or will not be offered for
dedication but which are shown on a final plan such as but not limited
to swales, stormwater retention facilities culverts and catch basins
shall be portrayed on an "as built" plan, which plan shall be prepared
by a registered engineer or surveyor upon completion of all improvements
and filed with the Township and recorded in the Office of the Recorder
of Deeds. No subdivision escrow fund shall be exhausted by releases
nor shall the Township accept dedication of any improvements unless
such "as built" plan or plans is or are filed.
3. Where the Board of Supervisors has approved the final subdivision plan in sections, as authorized in Article
4 hereof, the Board shall accept dedication of public improvements in sections conforming thereto, unless the section or sections of such improvements would be impractical to maintain or utilize.
4. Whenever a developer proposes to establish or continue a street which
is not proposed to be offered for dedication to public use, the Township
Planning Commission shall require the developer to submit, and also
to record with the plan, a copy of an agreement made with the Township
Supervisors on behalf of himself and his heirs and assigns, and signed
by him and by the Township Solicitor, and which shall establish the
conditions under which the street may later be offered for dedication,
and shall stipulate, among other things:
A. That an offer to dedicate the street shall be made only for the street
as a whole.
B. That the Township shall not be responsible for repairing or maintaining
any undedicated street.
C. That the method of assessing repair and maintenance costs of undedicated
streets be stipulated.
D. That if dedication is sought, the street shall conform to the Township
specifications or that the owners of the abutting lots shall, at their
own expense, restore the street to conformance with the Township specifications.