Township of North Newton, PA Article VII Final Record Plans

§ 260-26 Plan requirements.

The following materials shall, where applicable, be submitted with an application for approval of a final plan. Final plans shall conform in all important details with preliminary plans as previously approved, and any conditions specified in the approval of preliminary plans shall be incorporated in the final plans.

A. Provide 10 copies of the final plan, in the form of a map or series of maps, drawn to a scale of not smaller than 100 feet to the inch, on sheets sized no larger than 24 inches by 36 inches. Where more than one sheet is required, an index map of the entire project at a smaller scale shall be shown on a sheet of the same size. The Planning Commission may require final plans at a scale of 50 feet to the inch as a condition of preliminary plan approval to assure legibility in cases warranted by the complexity of the proposal. Such final plans shall show:

[Amended 7-11-2023 by Ord. No. 2023-05]

(1) All items required to be shown in preliminary plans as specified in § 260-24A.

(2) The location of all existing and proposed survey markers. At least two permanent survey reference monuments shall be shown on the final plan.

(3) The location of minimum building setback lines and exact dimensions of all proposed lots.

(4) Erosion and sedimentation control plan and/or earth disturbance permit, when required under § 102 of the Clean Streams Law,[1] which shall be reviewed by the Cumberland County Conservation District for compliance with the rules and regulations of the Department of Environmental Protection and the design standards and specifications contained in the Cumberland County Erosion and Sedimentation Control Handbook.

[1] Editor's Note: See 35 P.S. § 691.1 et seq.

(5) In tabular form, the following information shall be shown on the plan, as is applicable:

(a) Type of development.

(b) Zoning of tract.

(c) Total tract area.

(d) Area of this plan (if less than total tract).

(e) Number of lots or units (total).

(f) Breakdown of unit types and numbers.

(g) Minimum lot size on plan.

(h) Proposed water supply and sewage disposal.

(i) Linear feet of new street.

(6) Sufficient data to determine readily the location, bearings, and length of every street, lot and boundary line, and to reproduce such lines upon the ground.

(7) The length of all straight lines, radii, lengths of curves, chord lengths and bearings of curves for each street.

(8) Identification of each lot by number or letter, including residual tracts.

(9) Identification of all streets within and adjacent to the plan, by name and/or route number.

(10) At least two permanent reference monuments shall be shown on the plan.

(11) The location of storm drainage facilities, sanitary sewers and water mains, located in the tract, adjacent to the tract or related to the tract. Related to the tract means the location of the main from which sewer or water service will be extended, and the source of drainage flows from off-tract which do or will flow through the tract.

(12) Profiles for all streets showing the existing and proposed finished grades along the center line of the street.

(13) The location, profile, and size of all sanitary sewer mains, and top and invert elevations for each sanitary sewer manhole.

(14) The location, profile, and size of all storm sewer pipes, including location and size of inlets, culverts and manholes.

(15) The location, profile, and size (as applicable) of all other existing and proposed utilities that are located either above or below ground.

(16) The erosion and sedimentation control plan and the stormwater management plan, including all runoff comparisons, basin and pipe size calculations, etc. Also submitted shall be a final grading plan.

(17) Typical street cross-sections for all streets.

(18) The exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any designated floodplain area. Plans shall show contours at intervals of two feet and accurately identify the boundaries of the flood-prone areas, showing elevations and delineated floodway and flood fringe areas with elevations where applicable.

B. Submission of the final plan shall also be accompanied by all required permits and related documentation from the Department of Environmental Protection, and any other commonwealth agency, or the Township where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation.

C. Wetlands.

(1) If wetlands exist wholly within, partially within, or bordering the site, they must be accurately delineated on the plan. In addition, a narrative shall be prepared and submitted describing the impact construction activities will have on the wetlands, and how they will be protected. If the wetland areas are to be disturbed, the appropriate permit(s) shall be obtained, and evidence of such permit(s) presented to the Township prior to approval of the final plan.

(2) In addition, a notation must be placed on the plan, indicating the presence of, suspected presence of, or absence of wetlands on the site. The notation must make reference to the information relied upon (such as NWI mapping, NRCS information, field observations, etc.) and contain name(s) of a contact person and phone number. If no actual field study and delineation of wetlands has been performed, the notation shall include such a statement.

D. No plan which will require access to a highway under jurisdiction of the Department of Transportation shall be finally approved unless the plan contains a notice that a highway occupancy permit is required pursuant to § 420 of the Act of June 1, 1945 (P.L. 1242, No. 4228), known as the "State Highway Law," before driveway access to a state highway is permitted.[2] The plan shall be marked to indicate that access to the state highway shall be only as authorized by a highway occupancy permit. In all other respects, full and complete compliance must take place with respect to the provisions of Act No. 1986-42 and any supplementary rules and regulations enacted pursuant thereto by the Pennsylvania Department of Transportation.

[2] Editor's Note: See 36 P.S. § 670-420.

E. Evidence that the plans are in conformity with building, sanitation and other applicable Township ordinances and regulations and with the regulations governing the extension of utility services into the Township. A nutrient management plan approved by the Cumberland County Conservation District may be required for land development plans that include the raising and/or keeping of livestock. In any instance where such plans do not conform, evidence shall be presented that an exception has been officially authorized.

F. The name of the record owner (and subdivider) with notarization certifying that the undersigned is the owner or equitable owner of the land proposed for development and/or subdivision; and that the subdivision and/or development as shown on the final plan is made with his or her free consent and that it is desired to record the same; and that it is the intent to dedicate to public use, unless specifically stated otherwise, all street rights-of-way shown and all lands proposed for public use.

G. The following notations shall be required on all subdivision or land development plans, as applicable:

(1) Statement that all known existing easements and rights-of-way have been shown on the plan, and all utilities have been contacted as required by Pa. Act 172 of 1986.[3]

[3] Editor's Note: See 73 P.S. § 176 et seq.

(2) Statement that the property owner or developer, as applicable, is responsible for implementation of the erosion and sedimentation control/stormwater management plan.

(3) Statement that all street signs, streetlights, traffic control signage and pavement markings will be purchased and installed at the developer's expense.

(4) No trees, shrubbery, fences, structures, walls or fill shall be placed within the right-of-way of any street or within any easement.

(5) The subdivider/developer of this subdivision/land development plan has established deed restrictions and/or land covenants on the lot(s)/parcel(s) depicted on this plan. Copies of these restrictions and/or covenants are recommended to be obtained and reviewed by any prospective purchaser(s) prior to closure of sale or preparation for construction.

(6) Notice of PennDOT highway occupancy permit requirements as per the Pennsylvania Municipalities Planning Code.[4]

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

(7) All drainage facilities shall be owned and maintained by the developer until land on which the facility is located, is developed and sold. The ownership of all storm drainage channels located within drainage easements occupying any lot or tract will be transferred with the lot or tract. The responsibility for normal operation and maintenance of the channel surface will be that of the respective lot or tract owner, their heirs, and assigns. All such drainage facilities shall remain unobstructed and shall be maintained by the lot or tract owner relative to shape, alignment, gradient, cover, and hydraulic capacity as constructed by the developer.

(8) North Newton Township Supervisors and their employees shall have access to any and all drainage easements and/or drainage facilities and shall have the right at their discretion to maintain or repair the facilities as necessary to restore them to the design conditions. If the need for such maintenance or repair is a result of a direct act or negligence by the property owner(s), then the cost to complete the maintenance or repair shall be borne by the responsible property owner(s).

(9) The developer is responsible for the mowing of any lots that he owns, and individual lot owners will be responsible for the mowing of their respective lots upon transfer by the developer.

(10) North Newton Township hereby acknowledges that the stormwater management plan as proposed herein meets and is consistent with the Township's ordinances relating to stormwater management. developer/applicant and Township acknowledge that this plan may require a National Pollutant Discharge Elimination System (NPDES) permit from the Department of Environmental Protection, Commonwealth of Pennsylvania. As a result of the NPDES permit program, the stormwater management plan as proposed may be changed and/or altered. If the NPDES permit program requirements result in changes and/or alterations, the applicant/developer shall submit the changes and/or alterations from the stormwater management plan to the Township and Township's Engineer for review and approval. Similarly, if the stormwater management plan is changed and/or altered as a result of PennDOT requirements, the applicant/developer shall submit the changes and/or alterations from the stormwater management plan to the Township and Township's Engineer for review and approval.

(11) Landscaping required by § 260-32H shall be installed and continuously maintained by the property owner in accordance with the applicable regulations as a continuous condition of this plan's approval by North Newton Township.

(12) As required by current § 300-19A of Chapter 300, Zoning.[5]

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

H. A review block shall be provided for the Cumberland County Planning Department.

I. A recommendation block shall be provided for the North Newton Township Planning Commission.

J. An approval block shall be provided for the Board of Supervisors.

K. Where the developer/applicant proposes the construction and dedication of recreational facilities or payment of fee in lieu thereof as set forth herein, plan notations shall be provided clearly identifying the selected alternative to comply with the applicable recreational requirements

§ 260-27 Review procedure.

A. At least 21 days prior to the meeting of the Planning Commission at which initial consideration is desired, the subdivider or developer shall submit 10 copies of the final plan and accompanying documentation to the Township Secretary, together with the appropriate filing fees. All revised final plan submissions shall be submitted at least 14 days prior to the date of the meeting of the Planning Commission or Board of Supervisors at which the revised plan will be considered.

[Amended 7-11-2023 by Ord. No. 2023-05]

B. A final plan may be prepared for only a portion of the approved preliminary plan where a subdivider or developer wishes to undertake the development of a project in sections or stages.

C. Issuance of plan.

(1) Upon receipt of the final plan, the Township Secretary shall submit one copy of the plan and one copy of the erosion and sedimentation control plan, stormwater management plan and all other documentation to the Township Engineer; one copy of the plan, and requests for modifications or variances to the County Planning Department, together with the appropriate fee; one copy of the plan, the erosion and sedimentation control plan and the stormwater management plan and grading plan, together with the appropriate fee, to the Cumberland County Conservation District; and the remaining copies to the Planning Commission.

(2) Plan submittals to all other agencies as may be required, including applicable filing fees, shall be the responsibility of the developer.

D. The Planning Commission shall consider the comments of the other reviewing agencies and shall recommend either approval or disapproval of the final plan, or approval of the final plan with conditions.

E. The Township Supervisors shall take official action on each subdivision or land development plan within the required ninety-day review period as described in the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended)[1] and shall note or stamp its actions on all copies of the plan. Distribution of the copies of the plan as finally approved shall be as follows: One copy to the Engineer; two copies to be retained in the Township Secretary's files; one copy to the Planning Commission; and the original and two copies to the subdivider or developer. If the plan is disapproved, the subdivider or developer shall be notified, in writing, of the requirements which have not been met with reference to the applicable provisions of this chapter. The action of the Township with regard to the plan shall be communicated to the subdivider or developer not later than 15 days following the decision.

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

F. The Township Board of Supervisors shall not approve a final plan without a favorable report from the Department of Environmental Protection regarding the Official Sewage Facilities Plan Supplement or Revision (planning module). However, failure of the Department of Environmental Protection to report to the Township within their regulated review period shall constitute approval of the planning module as submitted.

G. The Township Board of Supervisors shall not approve a Final Plan until proof of issuance is received for any necessary permits from the Department of Environmental Protection, including but not limited to Earth Disturbance Permit or Water Obstruction and Encroachment Permit, and any permits which may be necessary for wetland encroachment, crossings, or mitigation activities.

H. The Township Board of Supervisors shall not approve a final plan until a review of the plan is completed by the Cumberland County Planning Department, or until the expiration of 30 days from the date the County Planning Department received the plan for review.

I. The Township Board of Supervisors shall not approve a final plan unless and until all required improvements are either installed in accordance with this chapter, or financial security sufficient to cover the costs of the improvements is posted with, and accepted by, the Township. Security shall be as described and regulated in Article XIII of this chapter, and by the Pennsylvania Municipalities Planning Code, Act 247 or 1968, as amended and reenacted.[2]

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

J. Upon final plan approval, the subdivider or developer (applicant) shall provide the Township with one DWG AutoCAD file that includes a sketch of all the lots on the plan and all other information as may be required by the Cumberland County Planning Department.