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Township of Cumberland, PA
Adams County
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[Ord. 07-117, 11/13/2007, § 301]
1. 
Copies of this chapter shall be available for review at the Township Building or for purchase by any person seeking information concerning land development and/or subdivision standards and procedures in effect within the Township. Any prospective developer or subdivider may meet with the Township Planning Commission to discuss and review tentative plans and/or provisions of this chapter.
2. 
Prior to the final plan submission, the prospective developer must have complied with the planning requirements of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., as administered by the Pennsylvania Department of Environmental Protection.
3. 
Prospective developers shall consult the County Conservation District representative concerning erosion and sediment control, wetlands, and the effect of geologic conditions on the proposed development. At the same time a determination should be made as to whether or not any of the subdivision or development is located in an area subject to flooding. Land that is subject to flooding shall not be platted for residential occupancy or for any other use that may endanger health, life, or property. Such land within a subdivision shall be set aside for such uses as shall not be endangered by periodic or occasional flooding and shall not produce unsatisfactory living conditions.
4. 
The developer may request that a pre-application meeting be held with Township staff persons to discuss specific proposal requirements. Such requests shall be made to the Board of Supervisors in writing.
5. 
Prospective developers should also contact the Gettysburg National Military Park concerning impacts on the Park or other historic resources.
[Ord. 07-117, 11/13/2007, § 302]
1. 
Prior to the submission of a preliminary plan, developers are encouraged to submit a sketch plan for review by Township staff and the Township Planning Commission. This will enable the staff and Planning Commission to review the proposal for the factors that may affect the development. Discussions on sketch plans are intended as purely advisory and shall not exempt the developer from any additional requirements of this or any other ordinances affecting the development. Any direction provided for a sketch plan is considered non-binding. The staff and Planning Commission may, at its discretion or when requested by the applicant, submit the sketch plan to the Township Engineer or Solicitor and the County Planning Agency for review and comment in order to provide the developer with more specific written directive.
2. 
If the applicant requests that the sketch plan be reviewed and written comments be provided by the Engineer or Solicitor, the applicant shall provide the Township with a deposit in accordance with the fee schedule to cover the cost of such review.
3. 
A sketch plan should contain the following information at a minimum:
A. 
Location map.
B. 
General information concerning any community facilities and/or any other man-made or natural features that will affect the proposal.
C. 
Property boundary taken from deeds, tax maps, or other surveys.
D. 
A sketch of the proposed development drawn at a scale no smaller than one inch equals 100 feet showing the proposed layout of streets and lots, and other features of the subdivision or development. The sketch plan should also indicate the tentative layout of any proposed utilities or drainage structures.
E. 
Contours from USGS Quadrangle map or other source.
F. 
Soil boundaries as taken from the most recent Adams County soil survey manual.
G. 
Floodplain as taken from the Flood Insurance Rate Map for Cumberland Township.
H. 
A statement indicating the zoning district and appropriate criteria.
I. 
Name of property owner and all adjoining property owners.
J. 
Other information as may be requested by the Township.
[Ord. 07-117, 11/13/2007, § 303]
1. 
In proposed residential developments involving no more than five lots or dwelling units, (such as in the case of condominium developments) proposing exclusively single-family detached dwellings that will abut an existing public right-of-way and will not require construction of public improvements the submission of a preliminary plan is waived. However, all other applicable requirements and specifications shall remain the same.
A. 
Submission of the Preliminary Plan.
(1) 
In conjunction with the submittal of the plan, an application must be completed and signed. This must include supplementary data, application fees and a deposit of required fees for engineering and legal review, as required by this chapter. Preliminary plans and all required accompanying documentation shall be submitted to the Township a minimum of 35 days in advance of the regularly scheduled Planning Commission meeting in which the applicant wishes the Township to consider the plan. This will enable the Township to receive and review comments from the Township Engineer and the Adams County Planning Commission and to place the plan on the agenda. Any revised plans and accompanying documentation shall be submitted to the Township a minimum of 15 days in advance of the regularly scheduled Planning Commission meeting in which the applicant wishes the plan to be on the agenda.
(2) 
All plans will undergo an initial staff review before being considered as a complete submission. During this initial review, plans will not be released to Planning Commission members for formal review. In the event that the application is deemed incomplete, the Township shall notify the applicant, in writing, within 10 business days of its receipt of the application.
(3) 
Should the applicant fail to provide a written withdrawal of an incomplete submission, or fail to provide missing items, in either event by the day the agenda closes for the next meeting of the Board of Supervisors, the Township Secretary shall place the matter on the agenda for that meeting, at which time consideration shall be given to deny approval of the plan under the relevant authority of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
(4) 
A complete submission shall consist of the specified number of copies of plans, reports and applications including the following items (where required by ordinance) the specific number of copies may be modified where authorized by the Township office:
(a) 
Completed application form (provided by Township) signed by owner or owner's agent.
(b) 
Eight blue-line or black-line paper prints of the preliminary plan showing all the information required in § 22-304 of this chapter.
(c) 
Four copies of all other required documentation including, but not limited to, stormwater management report, sewage facilities planning module, erosion control plan and calculations, and wetlands delineation report.
(d) 
A filing/application fee as established in Part 6 of this chapter.
(e) 
Additional copies of plans and reports are required to be provided to the Township Engineer(s) and Adams County Planning Commission. Subject to the direction of the Township office, the applicant shall provide copies of plans and reports directly to the Township Engineer(s) and the Adams County Planning Commission.
B. 
Approval of Preliminary Plans. Approval of the preliminary plan constitutes approval of the proposed subdivision or land development with respect to the layout, general design, the approximate dimensions and other planned features. Preliminary plan approval binds the developer to the general scheme of the plan as approved. Preliminary plan approval does not authorize the recording, sale or transfer of lots, or the installation of improvements beyond that which is statutorily allowed. Preliminary plan approval also does not constitute final approval of the design of improvements as required by this chapter and prior to approval for construction of improvements which will be offered to the Township for dedication, a final construction drawing set shall be approved by the Township Engineer.
C. 
Action on a Preliminary Plan by the Planning Commission.
(1) 
Plans will be placed on the agenda of the Township Planning Commission on their next regularly scheduled meeting following receipt of the reports by the Adams County Planning Commission and the Cumberland Township Engineer.
(2) 
The Township Planning Commission may perform the following:
(a) 
Review all applicable reports from the County Planning Department, Township Engineer, Township Planning Consultant, appropriate water and/or sewer authority, Pennsylvania Department of Transportation, Soil Conservation District, and other reviewing agencies.
(b) 
Discuss the submission with the applicant.
(c) 
Recommend revisions so that the plan will conform to Township's Ordinances.
(d) 
Provide recommendations to the Board of Supervisors for requests made by the applicant for modifications to this chapter.
(3) 
The Township Planning Commission shall perform the following:
(a) 
Determine whether the preliminary plan meets the requirements of this chapter, and other ordinances of the Township.
(b) 
Recommend approval or disapproval of the preliminary plan to the Board of Supervisors. In the case of a recommended disapproval, the Planning Commission shall indicate the specific deficiencies and the ordinance provisions which have not been met.
D. 
Action on a Preliminary Plan by the Board of Supervisors.
(1) 
Following receipt of the written decision (meeting minutes) from the Township Planning Commission, the Board of Supervisors may consider the preliminary plan at their next regularly scheduled or special meeting. If the plan is to be considered at a special meeting, the developer shall be so notified and, in addition, the Board of Supervisors may also schedule a public hearing, pursuant to public notice, before taking any action on the plan.
(2) 
Action on a preliminary plan shall be taken by the Board of Supervisors not later than 90 days following the date of the regular meeting of the Township Planning Commission next following the date that a complete application is filed, or after a final order of the court remanding an application, provided that should the said next regular meeting occur more than 30 days following the filing of a complete application, or the final order of the court, the said ninety-day period shall be measured from the thirtieth day following the day the complete application has been filed. In their review, the Board of Supervisors shall consider the reports and recommendations of the Township Planning Commission, the Township Engineer, Township Solicitor and the various other individuals or agencies to whom the plan was sent for review and comment. As a result of their review, the Board of Supervisors may require or recommend such changes and modifications as they shall deem necessary or advisable in the public interest.
(3) 
The decision of the Board of Supervisors concerning the plan shall be in writing and shall be communicated to the developer not later than 15 days following the meeting at which the decision is made. If a plan is not approved, or approved subject to certain conditions, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4) 
Failure of the Board of Supervisors to render a decision and communicate it to the developer within the time and in the manner required in this chapter shall be deemed an approval of the application in terms as presented unless the developer has agreed, in writing, to an extension of time or change in a prescribed manner or presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
(5) 
Approval of the preliminary plan shall not constitute approval of the final plan for any purpose or reason, but shall constitute conditional approval of the proposed development as to its general character and layout. It shall not constitute final approval of design of required improvements or utilities.
(6) 
When a preliminary plan has been approved or approved subject to certain conditions acceptable to the developer, no subsequent change or amendment in this or any other applicable ordinances shall be applied to affect adversely the right of the developer to commence and to complete any aspect of the approved development within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the plan for such approval was duly submitted to the Township.
(7) 
In lieu of disapproving a plan the Board of Supervisors may approve the preliminary plan subject to conditions acceptable to the applicant. Where a plan is conditionally approved the written decision shall state the conditions of approval along with any applicable time limits for satisfaction of conditions. When a conditional approval is granted and a written decision is provided to the applicant, the applicant shall have five days from the date of the decision to notify the Township that the conditions are not acceptable. In the event that the applicant notifies the Township that the conditions are unacceptable, the approval of the plan will automatically be rescinded and the plan is considered to be disapproved.
(8) 
When the applicant revises the plan to an extent which the Township determines to be a major revision (i.e., street layout, design or layout changes in utilities, lot changes, lot revisions, etc.), or if unauthorized revisions are made, the ninety-day review period shall automatically be restarted and shall begin with the date of the Planning Commission meeting following the re-submittal or 30 days after re-submittal, whichever shall come first. When a preliminary plan is approved with or subject to conditions, the applicant shall demonstrate to the Township that the conditions have been met prior to submission of a final plan. Preliminary plans will not be executed or signed as approved by the Township until all conditions have been satisfied.
E. 
Zoning Review.
(1) 
All land development and subdivision plans must be submitted to the Cumberland Township Zoning Officer or designated official responsible for zoning review. Preliminary plan approval will not be granted prior to receipt of proof of conformance to the Zoning Ordinance [Chapter 27] as it relates to the preliminary plan.
(2) 
Building Permits will not be issued until a zoning permit is obtained from the Cumberland Township Zoning Officer or designated official responsible for zoning review.
F. 
Provision for Additional Review. The Township may request the review and comment of additional agencies and public services such as the appropriate fire department, emergency management agency, school district, PennDOT, etc. This shall include any sub-consultants of the Township Engineer which shall be deemed necessary by the Township Engineer in order to thoroughly review specialty designs and studies. Copies of such review shall be made available to the developer. The fee for such review(s) shall be the responsibility of the applicant in accordance with the requirements of this chapter.
[Ord. 07-117, 11/13/2007, § 304]
1. 
The preliminary plan submission shall be prepared by a registered surveyor or engineer and be drawn on reproducible stable transparency, using black ink for all data including approval signatures. Scale shall be no less than one inch equals 50 feet unless otherwise approved by the Township Engineer. Such plats and surveys shall be prepared in accordance with Act of May 23, 1945, P.L. 913, No. 367, known as the Engineer, Land Surveyor and Geologist Registration Law, 63 P.S. § 148 et seq. The foregoing requirements shall not preclude the preparation of a plat in accordance with the Act of January 24, 1966, 1965 P.L. 1527, No. 535, known as the Landscape Architects' Registration Law, 63 P.S. § 901 et seq., when it is appropriate to prepare the plat using professional services as set forth in the definition of the "practice of landscape architecture" under § 2 of that Act, 63 P.S. § 902.
2. 
Information Required.
A. 
The preliminary plan shall show:
(1) 
Name of proposed subdivision, and of the municipality in which it is located.
(2) 
Name, address and telephone number of the subdivider.
(3) 
Name, address, telephone number, license number and seal of the professional engineer, or registered surveyor who prepared the drawings.
(4) 
Date of origin and of each subsequent revised submission.
(5) 
True or magnetic north point.
(6) 
Graphic scale.
(7) 
Written scale.
(8) 
Certification by professional engineer or surveyor that depicted topography is field surveyed for all instances where grading activities and/or public improvements are proposed. Subdivision plans that do not propose public or other improvements may utilize USGS quadrangle mapping or County GIS/aerial topography as provided by the Adams County Mapping office.
(9) 
A key map, for the purpose of locating the property being subdivided, drawn at a scale of one inch equals 2,000 feet and showing the relation of the property to adjoining property and to all streets, roads, municipal boundaries and recorded major subdivision plans existing within 1,000 feet of any part of the property. In addition, a title, scale, and north point shall be indicated.
(10) 
The total tract boundary lines of the area being subdivided showing distances to hundredth of a foot and bearings to one second. These boundaries shall be determined by accurate survey in the field, which shall close with an error of closure not to exceed one foot in 10,000 feet before adjustment; provided, however, that the boundary(s) adjoining additional unplatted land of the subdivider (for example, between separately submitted final plan sections) are not required to be based upon field survey, and may be calculated. The location of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the engineer or surveyor shall certify to the placement of the monuments. A tabular representation of the closure of each proposed lot shall be provided.
(11) 
A plot drawn to a legible scale showing the entire existing tract boundary and the location of the lots being subdivided from said tract.
(12) 
Boundaries of adjacent properties and recorded name and deed reference. When adjacent properties are part of a recorded plat only the lot number and subdivision name need be shown.
(13) 
Contour lines at vertical intervals of no more than two feet for land with average natural slope of 4% or less, and at intervals of no more than five feet for land with average slope exceeding 4%. Contour intervals of one foot are required for plans which propose improvements.
(14) 
Location and elevation of the bench mark(s) to which contour elevations refer; sea level datum used shall be based on USGS mean sea level. In cases where public sewer and water are proposed, the Township may require that plans be referenced to the Pennsylvania State Plane Coordinate System in NAD 83.
(15) 
The name (or number), cartway width and right of way width and lines of all proposed and existing public streets and the name and location of all other roads within the property.
(16) 
A certification of ownership, acknowledgment of the plan and offer of dedication (where applicable) shall be signed by the owner(s) and notarized.
(17) 
Location of existing streets and alleys adjoining the tract including name, width, width of cartway, and sidewalks.
(18) 
The location (and elevation, if established) of all existing and proposed street monuments.
(19) 
Location of existing and proposed rights-of-way and easements.
(20) 
Lot numbers and a statement of the total number of lots and parcels.
(21) 
Lot lines, areas with dimensions. In the case of subdivision or developments which will require multiple sheets of drawings, a plan shall be included which depicts the entire proposed development and adjoining features.
(22) 
The building setback lines for each lot, or other sites.
(23) 
For developments where on-site sewage disposal systems will be used, the location where the soil evaluations test was conducted for each lot.
(24) 
A statement of the intended use of all lots including reference to zoning districts, with reference to restrictions of any type which exist or will exist as covenants in the deed for the lots contained in the subdivision.
(25) 
Location and size of existing and proposed utility structures and/or transmission lines including sewer, water, gas, electric, petroleum, etc., and all easements or rights-of-way connected with such structures and/or lines.
(26) 
The location of any existing bodies of water or watercourses, tree masses and individual trees with trunk diameter of 12 inches or greater, buildings or structures (including the location of wells, springs, and on-site sewage facilities for such buildings or structures), public facilities and any other man-made or natural features within or near the proposed subdivision.
(27) 
Location, size and invert elevation of all existing and proposed sanitary sewers (including any and all proposed and/or existing capped sewer lines) and location of all manholes.
(28) 
Location, size, and invert elevation of all existing and proposed storm sewers (and other drainage facilities), with the size and material of each indicated, and any proposed connections with existing facilities.
(29) 
Location of drainage structures, including marshes, ponds, streams, or similar conditions.
(30) 
Parks, playgrounds and other areas to be dedicated or reserved for public use, with any conditions governing such use.
(31) 
Where the development lies partially or completely in any flood-prone area, or where the development borders on any flood-prone area, the preliminary plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall identify accurately the boundaries of the flood-prone area.
(32) 
All plans for property on which hydric soils exist shall provide a report, prepared by a qualified wetland scientist, indicating the absence or presence of wetlands on-site. If wetlands are present, a recognized professional with specific expertise in this type of survey shall perform a field delineation of existing wetland boundaries. Cumberland Township reserves the right, in the event of a dispute over wetland boundaries, to require a jurisdictional determination.
(33) 
Reference to deed book and page number for property being developed.
(34) 
No plat which requires access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plat contains the applicable notice. [See Subsection 2A(38)(b).]
(35) 
All plans shall include the soil types and boundaries located on the subject tract. Boundaries and soil data shall be taken from the most recent available County Soil Survey.
(36) 
All existing and proposed features, structures, formations and the like shall be clearly depicted, labeled and dimensioned (where appropriate).
(37) 
Any other information which may include plans, drawings, specifications, calculations, and reports which are determined by the Township review agency, staff or engineer to be necessary in completion of review of the submission for the purpose of determining compliance with the provisions and requirements of this chapter.
(38) 
The following notes shall be placed on all plans:
(a) 
"Cumberland Township assumes no responsibility with regard to the process of wetlands delineation. The accuracy of each delineation presented to the Township shall be the responsibility of the applicant and his consultant. A final determination of each delineation's accuracy may be made by the Pennsylvania Department of Environmental Resources, the United States Army Corps of Engineers, or any subsequently empowered governmental regulatory agency."
(b) 
"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," before driveway access to a State Highway is permitted. Access to the State Highway shall be only as authorized by a Highway Occupancy Permit."
(c) 
"No construction requiring Township building permits shall begin until approval of the final plan and any other required governmental authorizations are obtained."
(d) 
For plans involving proposed improvements, a preconstruction meeting must be held prior to the start of construction. At a minimum, the applicant, Township representatives/Township Engineer/Developers Engineer and contractor shall be present."
(e) 
"Prior to authorization for construction of improvements which will be offered for dedication to the Township at a later date, a final construction drawing set shall have been approved by the Township Engineer."
(f) 
"Prior to receipt of a building permit for any residential structure, a site grading and stormwater management plan may be required to be submitted to the Township for review."
(g) 
Burning and burying of construction debris on-site is prohibited unless approval is obtained.
3. 
Supplementary Data Required.
A. 
The preliminary plan shall be accompanied by the following supplementary data where applicable and determined by the Township to be necessary:
(1) 
A planning module for land development as required by the Pennsylvania Department of Environmental Protection (PaDEP). For projects involving proposed public sewer, the planning module must also be submitted to the appropriate municipal authority for review. The preliminary plan will not be approved until the planning module has been approved by the Pennsylvania Department of Environmental Protection.
(2) 
A plan for the control of erosion and sedimentation for review by the County Conservation District Office as required by the Pennsylvania Clean Streams Act, 35 P.S. § 691.1 et seq., The plan shall also indicate if any borrow/spoil areas are proposed in which case the plan shall include erosion and sediment control provisions for each such borrow area. The preliminary plan will not be approved until a copy of the adequacy letter from the Adams County Conservation District has been issued.
(3) 
Preliminary designs of any bridges or culverts. Such designs shall meet all applicable requirements of the Pennsylvania Department of Environmental Protection and the Pennsylvania Department of Transportation and the recommendations of the Township Engineer. Where facilities will be offered for dedication, the Township may require a final design for review and approval.
(4) 
Street cross-section drawings for all proposed streets at intervals to be as recommended by the Township Engineer.
(5) 
Final profiles along the center line of the cartway (pavement) or along the top of the curb for both sides of each proposed street shown on the preliminary plan. Such profiles shall show natural and finished grades and utilities which are existing or proposed to be located beneath the roadway surface.
(6) 
A water supply feasibility report in accordance with the requirements of this chapter concerning the availability of, impact to and adequacy of water supply facilities in or near the proposed subdivision and/or land development.
(7) 
Stormwater management plan and calculations including design of storm sewers in accordance with the Township Stormwater Management Ordinance [Chapter 20] and any additional requirements of this chapter.
(8) 
Where the preliminary plan covers only a part of the entire land-holdings, a sketch of the future street system of the remainder of the subject tract.
(9) 
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 application 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.
(10) 
Where determined to be necessary by the Township following recommendation of the Township Traffic Engineer, the developer shall submit a traffic impact study in accordance with Township standards.
(11) 
Design of sanitary sewer and water systems, including plan and profiles. Where applicable, design of sanitary sewer and water systems shall also be submitted by the applicant to the appropriate municipal authority for review and approval. Comments of the utility authority and the respective engineer must be addressed prior to preliminary plan approval.
(12) 
A land grading plan in accordance with the requirements of this chapter.
(13) 
A listing of underground utilities and contact information as per PA Acts 287, 172 and 38 as may be amended (Pennsylvania One Call System), 73 P.S. § 176 et seq.
(14) 
Location, layout and design of any proposed recreational facilities.
(15) 
An offer of dedication shall be shown on the plan identifying which improvements are intended to be dedicated to the Township or applicable municipal authority.
(16) 
A letter or agreement from the applicable authority or agency approving the sanitary sewer and water facilities and acknowledgment that capacity exists to serve the proposed development.
(17) 
Whenever a land development plan proposes to dispose stormwater runoff to an adjacent property not within a natural watercourse or in a manner which exceeds the capability of a natural water course, a letter shall be obtained from the affected property owners stating their approval of the proposal after they have reviewed the required stormwater management plan. If deemed necessary, a formal easement and agreement may be required from the affected property owners.
(18) 
Landscaping plan in accordance with the requirements of this chapter.
(19) 
A street or site lighting plan.
(20) 
The plan shall identify the location of a proposed access drive(s), and sight distance(s) which are adequate to demonstrate that the site can be served with an access.
(21) 
For developments which propose an intersection with an existing street, the Township may require a larger scale (i.e., one inch equals 20 feet) drawing of such intersection to show details such as grades, drainage, right-of-way, radii, curbs, angle of intersection, signage, etc.
(22) 
Traffic control devices, as may be required. This shall include necessary engineering studies to justify such devices. All traffic impact studies shall be prepared in accordance with the requirements of this chapter.
(23) 
A review letter from the Adams County Office of Planning and Development and a response indicating how those comments will be addressed.
(24) 
Until such time as the construction plan is approved, all plans shall be labeled "not for construction."
[Ord. 07-117, 11/13/2007, § 305]
1. 
Submission of a final plan for approval by the Township shall occur not more than five years following the date of approval of the preliminary plan in accordance with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. Failure to submit the final plan within this period of time may make the approval of the preliminary plan null and void and shall subject the property and plan to any ordinance changes which have occurred since the date of approval of the preliminary plan. Except for any modifications or changes required by the Township, the final plan shall conform basically to the approved preliminary plan. Where significant modifications or changes, other than those required by the Township, are made to an approved preliminary plan, the plan shall be submitted again as a preliminary plan.
2. 
Submission of the Final Plan. Final plan submission procedures and requirements shall be same as that required for preliminary plan submissions (§ 22-303). In the case where a preliminary plan submission was waived the submission requirements for the final plan shall also be the same as for a preliminary plan under (§ 22-303).
3. 
Action on a Final Plan by the Planning Commission. Action by the Planning Commission on the final plan shall be taken in the same manner as for preliminary plans.
4. 
Action on a Final Plan by the Board of Supervisors.
A. 
Following receipt of the written decision in the form of meeting minutes from the Planning Commission, the Board of Supervisors shall consider the Plan at their next regularly scheduled or special meeting, the developer shall be notified, and in addition, the Board of Supervisors may also schedule a public hearing pursuant to public notice before taking any action on the plan.
B. 
Action on a final plan shall be taken by the Board of Supervisors not later than 90 days following the date of the regular meeting of the Township Planning Commission, next following the date that a complete application is filed, or after a final order of the court remanding an application; provided, that should the said next regular meeting occur more than 30 days following the filing of a complete application, or the final order of the court, the said ninety-day period shall be measured from the thirtieth day following the day the complete application has been filed.
In their review, the Board of Supervisors shall consider the reports and recommendations of the Township Planning Commission and the various other individuals or agencies to which the plan was sent for review and comment. As a result of their review, the Board of Supervisors may require or recommend such changes and modifications as they shall deem necessary or advisable in the public interest.
C. 
The decision of the Board of Supervisors concerning the plan shall be in writing and shall be communicated to the developer not later than 15 days following the meeting at which the decision is made. If a plan is not approved, or approved subject to certain conditions, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D. 
Failure of the Board of Supervisors to render a decision and communicate it to the developer within the time and in the manner required by this chapter shall be deemed an approval of the plan in terms as presented unless the developer has agreed to an extension of time.
E. 
Before any final plan is approved, the developer shall either install all the required improvements in accordance with the approved construction plans or shall provide for deposit with the Township a corporate bond or other security acceptable to the Township in the amount of 110% of the cost of such improvements as estimated by the Township Engineer in accordance with the procedure outlined in this chapter. Such bond or security shall provide for the completion of all required improvements within a stated period which shall not be longer than one year from the date of approval of the final plan or as otherwise stipulated in the land development agreement, after which the Township may require that the amount be increased by an additional 10% for each one-year period beyond the end of the first year following the date of posting of financial security.
The applicant shall not be required to provide financial security for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to § 420 of the Act of June 1, 1945, P.L. 1242, No. 428, known as the "State Highway Law," 36 P.S. § 670-420.
5. 
Recording of a Plan.
A. 
Upon approval of a final plan by the Township, the developer shall record the approved final plan (and other documentation required under plan approval) in the Adams County Recorder's office, within 90 days of such final approval, or the date the approval of the Township is noted on the plan, which ever is later.
No plan shall be recorded unless it officially notes the approval of the Township and review by the Adams County Planning and Development or other County designated agency.
B. 
If the plan is not recorded within 90 days the approval by the Township shall be null and void, unless the plan shall be re-approved by the Board of Supervisors upon request from the developer.
C. 
After the plan has been recorded, a copy of the record plan and recorder's certificate shall be submitted to the Township Office and a copy to the office of the Township Engineer. This shall be required prior to issuance of any applicable licenses or building permits.
D. 
No land or lots within a development shall be sold or transferred prior to recording of the final plan.
E. 
Where required by the Township, the developer shall submit one reproducible mylar copy and three blueprint or paper copies of the approved and signed final plan to the Township for their records.
F. 
Upon approval and where required, one electronic/digital copy of the final and construction plan shall be provided in a format acceptable to the Township.
6. 
Limitations of Final Plan Approval. The approval of the final plan by the Township shall be deemed as an acceptance of the plan and shall authorize the Recorder of Deeds to record the plan, but shall not impose any duty upon the Township concerning maintenance of improvements or other portions of the same until said Township shall have accepted the same by the dedication for public use.
[Ord. 07-117, 11/13/2007, § 306]
1. 
The final plan submission shall be prepared by a registered surveyor or engineer and shall be drawn on reproducible stable transparency, using black ink for all data including approval signatures. Scale shall be no less than one inch equals 50 feet unless otherwise approved by the Township Engineer.
2. 
Information Required.
A. 
Including, and in addition to, the information required in § 22-304, for preliminary plans, the final plan shall show:
(1) 
The following data for the cartway edges (curb lines) and right-of-way lines of all recorded (except those which are to be vacated) and/or proposed streets and for the right-of-way lines of all existing streets, within the property:
(a) 
The length (in feet and hundredths of a foot) of all straight lines and of the radius and the arc (or chord) of all curved lines (including curved lot lines).
(b) 
The width (in feet) of the cartway, right-of-way and, if required, of the ultimate right-of-way, and (in degrees, minutes, and quarters of a minute) of the delta angle of all curved lines, including curved lot lines.
(c) 
All straight 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.
(2) 
If a subdivision proposes a new street intersection with a state legislative route, the highway occupancy permit number(s) shall be indicated for all such intersections (if available). If a permit has not yet been obtained, the plan must contain a note that requires a highway occupancy permit be obtained in accordance with the State Highway Law, 36 P.S. § 670-101 et seq.
(3) 
A certification of ownership, acknowledgment of a plan and offer of dedication shall be signed by the owner(s) and notarized.
(4) 
An approval block for the use of the Township Supervisors and the Township and County Planning Commissions.
(5) 
Traffic control devices, as may be required. This shall include necessary engineering studies to justify such devices.
(6) 
Typical street cross-section drawing(s) for all proposed streets. Cross-section drawing(s) may be shown either on the final plan or on the profile sheets.
(7) 
An agreement that the applicant will install all underground utilities before paving streets or constructing sidewalks. This shall be so noted on the plan.
(8) 
Copies of permits for sewer, water, stormwater, transportation, and erosion control facilities.
(9) 
Where the final plan covers only a part of the entire landholdings, a sketch of the future street system of the unsubmitted part shall be furnished. The street system of the submitted part will be considered in the light of adjustments and connections with future streets in the part not submitted.
(10) 
A copy of the approved water and sewer feasibility reports or (including any updated information which may have become available since the submission of the preliminary plan).
(11) 
A copy of the approved erosion and sedimentation control plan.
(12) 
A copy of the approved stormwater management plan.
(13) 
Where deemed necessary by the Township, a map showing the location of the proposed development with respect to the Township's flood-prone area, including information on the regulatory flood elevation, the boundaries of the flood-prone areas, proposed lots and sites, fills, flood or erosion protection facilities, and areas subject to special restrictions. In addition, where the proposed development lies partially or completely in any flood-prone area, or border on any flood-prone area, such map shall also show the location and elevation of proposed roads, public utilities, and building sites.
(14) 
A copy of the approved sewage planning module for land development as approved by the Pennsylvania Department of Environmental Protection.
(15) 
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 of the land being subdivided.
(16) 
Prior to final plan approval, applicants shall certify that title to any street right-of-way is unencumbered by any liens or other obligations and that no prior right-of-way has been granted.
(17) 
Any other certificates, affidavits, endorsements or dedications, etc., that may be required by the Planning Commission or Board of Supervisors.
(18) 
An affidavit to the effect that all affected municipalities have been notified of any alteration and/or relocation of any watercourse.
(19) 
The final approved water supply feasibility report in accordance with the requirements of this chapter.
(20) 
Whenever it is determined that a subdivision or land development increases the volume, rate, or concentration of stormwater runoff onto an adjacent property not in a natural watercourse or in a manner which exceeds the capacity of the natural watercourse, the developer shall obtain a letter from the adjacent land owner stating his or her approval of the proposal and that they have reviewed the plans and any required stormwater management plan.
(21) 
Where required by the Township, land development agreement(s) shall be executed.
(22) 
Photo/video documentation of the pre-existing site conditions prior to commencement of construction as may be required by the Township. In the event that photo documentation shall be required a digital copy shall be provided to the Township office and the office of the Township Engineer.
[Ord. 07-117, 11/13/2007, § 307]
Any re-platting or re-subdivision, including changes to a recorded plan, shall be considered as a new application, and shall comply with all requirements of this chapter.
[Ord. 07-117, 11/13/2007, § 308]
1. 
A parcel of land may be added to an existing recorded lot for the sole purpose of increasing the lot size provided that:
A. 
The parcel to be added must be contiguous to the existing lot.
B. 
The addition must maintain or improve the overall straightness of the lot lines.
C. 
The plan prepared for the addition of this parcel shall follow the procedures outlined in this chapter.
D. 
The applicant shall record a deed of consolidation in the Miscellaneous Docket in the Recorder of Deeds Office of Adams County as a memorandum that both parcels shall be considered as one single tract for the purposes of subdivision. A copy of the deed shall be provided for review by the Township Solicitor.
E. 
An acknowledgment/concurrence block shall be provided for the recipient of the additional lot area to provide a notarized signature.
[Ord. 07-117, 11/13/2007, § 309]
1. 
No construction shall be commenced until the following applicable items have been addressed to the satisfaction of the Township:
A. 
Plan approval; construction plan approval; security agreement; developers or land development agreements; along with any other Township permits.
B. 
In the case of public improvements, the construction plan shall be signed by the Township Engineer indicating the final plan set is to be used for construction of public improvements.
2. 
No construction shall be commenced until the applicant files with the Township all permits, approvals, clearances and the like from government agencies (such as those from the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Transportation, and/or the Township) authorities and companies which may provide water supply or sewage disposal facilities pipeline easement holders or others.
3. 
The applicant shall commence construction of improvements within one year from the approval date of the final plan, unless approved otherwise by the Board of Supervisors.
4. 
In the case where development is projected over a number of years, each section, except for the last section, shall contain a minimum of 25% of the total number of lots, dwelling units or buildings as depicted in the final plan, unless a lesser percentage is approved by the Board of Supervisors.
5. 
A copy of the approved plan shall be available at the construction site at all times.
[Ord. 07-117, 11/13/2007, § 310]
1. 
After final plan approval and upon completion of all required improvements, the applicant shall submit an as-built plan prepared, signed and sealed by a registered professional engineer or surveyor.
2. 
The as-built plan shall be provided on a reproducible media and drawn to a scale as approved by the Township. The as-built plan shall be reviewed and approved by the Township Engineer. Following approval an electronic/digital copy of the as-built plan shall be provided in a format as approved by the Township.
A. 
Said plan shall indicate the actual location, dimensions and/or elevations of all completed improvements including, but not limited to:
(1) 
Monuments and markers.
(2) 
The location of the cartway and curb, for both sides of each street.
(3) 
Sanitary sewer main, manholes, rim and invert elevations and laterals.
(4) 
Storm sewers, inlets, rim and invert elevations and culverts.
(5) 
Water mains, service lines, valves, and fire hydrants.
(6) 
Street lights.
(7) 
Landscaping and screen planting.
(8) 
Berms.
(9) 
Permanent sedimentation, erosion control and stormwater management structures with as-built storage volume and outlet structure elevations and as-built elevations for all detention/retention basins or other storage structures.
(10) 
All easements and rights-of-way.
(11) 
All buried utilities, gas, electric, cable, water, sewer, etc.
B. 
The as-built plan shall be submitted in complete and accurate form prior to the final release of security funds being withheld, as provided in § 22-516.
C. 
Completion of as-built drawings in accordance with this chapter shall not relieve the applicant from its responsibility as may be required by the applicable municipal authority, utility or state agency.