[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:
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.
(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.
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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.
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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.
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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.
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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.
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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.
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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:
(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.
(7)
Landscaping and screen planting.
(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.