Township of Carroll, PA Article V Preliminary Plan Submission

§ 435-22 General.

A. Preliminary plans shall be prepared by an engineer, land surveyor, and/or landscape architect registered in the Commonwealth of Pennsylvania to perform such duties.

B. Metes and bounds descriptions shall be prepared by land surveyors, and designs which entail engineering shall be prepared by registered engineers with appropriate expertise. The preliminary plan shall show, be accompanied by, or be prepared in accordance with the following.

§ 435-23 Drafting standard.

A. The plan shall be clearly and legibly drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, or 100 feet to the inch. Profile plans shall maintain a ratio of 1:10 vertical to horizontal.

B. Dimensions for the entire property boundary shall be in feet and decimals; bearings shall be in degrees, minutes, and seconds. Lot line descriptions shall read in a clockwise direction.

C. The sheet size shall be no larger than 24 inches by 36 inches and proportional to the size required by the York County Recorder of Deeds. If the plan is prepared in two or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one sheet is necessary, each sheet shall be numbered to show the relationship to the total number of sheets in the plan (e.g., Sheet 1 of 5).

D. Plans shall be legible in every detail to the satisfaction of the Township.

E. All profile sheets shall include the correspondence horizontal alignment; utilities and stormwater facilities located in a given area shall be provided on the same sheet to show their interrelationship. All plan information shall be provided in an easy-to-read format.

§ 435-24 Location and identification.

A. The proposed project name or identifying title.

B. The municipality in which the project is to be located. If the property is located in the vicinity of a municipal boundary line, the location of the boundary shall be shown.

C. A location map, drawn to scale, relating to property to at least two intersections of existing road center lines.

D. The name, mailing address and email address of the owner, authorized agent for the land, developer and firm that prepared the plans.

E. Source of title to the land included within the subject application, as shown in the office of the York County Recorder of Deeds.

F. Additionally, if the property is subject to an equitable owner, the name, address and reference to the equity agreement shall be included.

G. The map and lot number assigned to the property by the York County Tax Assessment Office.

H. The name, mailing address and email address, project file or project number assigned of the firm that prepared the plan, the correct plan date, and the date(s) of all plan revisions.

I. A North arrow, a graphic scale, and a written scale.

J. The total acreage of the entire existing property.

K. A statement on the plan identifying the Zoning Ordinance district for the subject property and surrounding land. Additionally, the lot size and/or density, lot coverage, and yard requirements of Chapter 450, Zoning, as amended, shall be identified by the subject property.

L. A statement on the plan identifying any existing waivers, variances, special exception, conditional use, and existing nonconforming structures/uses.

§ 435-25 Existing features.

A. Existing contours, at a minimum vertical interval of one foot within floodplains and land with average natural slope of 3%; two feet for land with average natural slope of 3% to 5% or less and at a minimum vertical interval of five feet for more steeply sloping land of greater than 5%. Contours shall be accompanied by the location of the bench mark within or immediately adjacent to the subject property and a notation indicating the datum used. Contours plotted from the United States Geodetic Survey may only be used for subdivision plans which require no new streets or other public improvements. Unless required by the Township for upland or site evaluation, contour data is not necessary beyond the property of the applicant. The United States Geodetic Survey shall be used for benchmark datum. This information is not subject to recording with the York County Recorder of Deeds.

B. The names, deed references of all immediately adjacent landowners, and the names and plan book record numbers of all previously recorded plans for adjacent projects.

C. The location and description of existing lot line markers and monuments along the perimeter of the entire existing property.

D. The following items when located on the subject property, within 200 feet of the subject property, or beyond 200 feet of the subject property when the item affects the property:

(1) The location, size, and name of existing rights-of-way and cartways for streets, access drives, driveways, and lane.

(2) The location and size of the following existing features (e.g., public sanitary facilities, public water supply facilities, fire hydrants, buildings, swales, watercourses, bodies of water, floodplain, wetlands, sinkholes, and stormwater management facilities which affect stormwater runoff on the subject property) and any related rights-of-way or easements.

(3) The location and size of existing rights-of-way or easements for stormwater management facilities, sanitary sewers, electric, telephone, cable television, gas and oil transmission lines, and railroads.

E. The location and size of the existing individual on-lot sanitary sewer disposal facility and water supply facility when located on the subject property or within 50 feet of the subject property. Off-site facilities may be waived when the applicant demonstrates a substantial difficulty in accessing the property.

F. The location of existing healthy trees with a caliper of six inches or more as measured at a height of 4 1/2 feet above existing grade.

G. The location of steep slopes (areas possessing slopes between 15% and 25% and areas exceeding 25%).

H. The location of rock outcrops.

I. The soil types as described in the latest edition of the Soil Survey of York County.

§ 435-26 Proposed features.

A. Complete description of the boundaries for all new streets. This description shall include distances and bearings with curve segments comprised of radius, tangent, arc, and chord. The description shall be certified to an error of closure no greater than one foot in 10,000 feet.

B. Approximate lot line dimensions and lot areas for all proposed parcels. Along existing street rights-of-way, the description shall utilize the existing deed lines.

C. Lot numbers in consecutive order.

D. For all land development plans, the location and configuration of proposed buildings, parking compounds, streets, access drives, driveways, and all other significant facilities.

E. A statement on the plan indicating the proposed total number of lots, units of occupancy, density, minimum lot size, lot coverage, types of sanitary sewage disposal, type of water supply, name of authority providing sanitary sewage disposal and water supply (if applicable), and proposed land use. The location of each use if several types of uses are proposed. This statement shall also include the criteria needed to calculate off-street parking, lot coverage and other requirements of the prevailing Township Zoning Ordinance, as amended.[1]

[1] Editor's Note: See Ch. 450, Zoning.

F. Easements for utilities, access, stormwater facilities, etc.

G. Building setbacks lines, with distances from the property and street right-of-way.

H. Identification of buildings, landscaping and other structures to be removed or demolished. Additionally, the schedule for removal and/or demolition shall be acknowledged on the plan.

I. Typical street cross-section for each proposed street and typical cross-section for any existing street which will be improved as part of the application. Each cross-section shall include the entire right-of-way width. Cross-sections for improvements to existing streets shall be provided for each fifty-foot station location.

J. Vertical and horizontal alignment (plan and profile) on the same sheet for each proposed street, stormwater management facility, sanitary sewer (including manhole numbers), and water distribution system.

(1) All street profiles shall show at least the existing (natural) profile along the center line, proposed grade at the center line, and the length of all proposed vertical curves for streets.

(2) The required and available safe stopping sight distances shall be identified at each street intersection.

(3) All existing and proposed water distribution and sanitary sewer systems shall be shown on the plan and profiles as "existing" or "as designed" and include manholes, pipe sizes and materials, flow direction, fire hydrants with clearances required by utility providers and regulatory agencies. "As designed" utility layout must be approved by the corresponding utility.

K. Proposed names for new streets, pavement markings and traffic control devices.

L. Names of new streets shall not duplicate or approximate existing or platted street names, or approximate such names by the use of suffixes as "lane," "way," "drive," "court," "avenue." In approving the names of streets, cognizance may be given to existing or platted street names within the postal delivery district served by the local post office. New streets shall bear the same name or number of any continuation or alignment with an existing or platted street.

M. Location and material of all permanent monuments and lot line markers, including a note that all monuments and lot line markers are set or indicating when they will be set.

N. A grading plan for all subdivision and land development plans. The grading plan shall include finished grades, ground floor elevations and elevations for all structures.

O. A statement on the plan indicating any proposed waivers, special exceptions, conditional uses or variances. This statement must be revised, upon action on the request to acknowledge the outcome of the requested waiver or variance prior to recordation of the plan.

P. Identification of any lands to be dedicated or reserved for public, semipublic, or community use.

Q. Identification of all required landscape features.

R. All phasing of final plan submission must be identified on preliminary plan with corresponding schedule for phased development.

S. Each existing and proposed structure on the tract must have finished floor elevation, lowest floor elevation and note whether or not lowest floor proposed to be served by public sewer.

§ 435-27 Report; plans.

A. Sketch plan. When, in the opinion of the Township, the application significantly impacts the undeveloped portion of the landholding, a plan drawn to the standards of a sketch plan shall identify the future development scheme.

B. Sanitary sewer. When required by the Pennsylvania Sewerage Facilities Act 537 of 1966, as amended,[1] a Sewer Facilities Plan Revision (Plan Revision Module for Land Development), or supplement must be submitted.

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

C. Traffic impact study (TIS). A traffic impact study shall be submitted for projects that propose at least 30 dwelling units or 50 parking spaces and/or "drive through" service.

(1) In addition to the above, Board of Supervisors may require a Traffic Impact Study when, in their opinion, the following conditions exist:

(a) Current traffic problems exist in the local area (e.g., high accident location, confusing intersection, congested intersection); or

(b) The capability of the existing road system to handle increased traffic is questionable.

(2) The Traffic Impact Study shall conform to the following:

(a) Area of traffic impact study. The Traffic Impact Study area shall be based on the characteristics of the surrounding area. The intersections to be included in the Study shall be adjacent to the site or have direct impact upon the access to the site. The intersections shall be mutually agreed upon by the Township Engineer and the traffic engineer preparing the study. The Board of Supervisors shall resolve any disputes between the Township Engineer and the traffic engineer.

(b) Preparation by transportation engineer required. Traffic impact studies shall be prepared under the supervision of a professional engineer, qualified and experienced professional engineers with specific training in traffic and transportation engineering, and at least two years' experience related to preparing traffic studies for existing or proposed developments.

(c) Horizon year. The traffic forecasts shall be prepared for the anticipated opening year of the development, assuming full build out and occupancy. This year shall be referred to as the horizon year in the remainder of this chapter. Current year equals opening year and design year equals 20 years from opening or full build-out.

(d) Non-site traffic estimates. Estimates of non-site traffic shall be made, and will consist of through traffic and traffic generated by all other developments within the study area for which preliminary or final plans have been approved. Non-site traffic may be estimated using any one of the following three methods: "Build-up" technique, area transportation plan data or modeled volumes, and trends or growth rates.

(e) Trip generation rates required. The Traffic Impact Study report shall include a table showing the categories and quantities of land uses, with the corresponding trip-generation rates or equations (with justification for selection of one or the other), and resulting number of trips. The trip generation rates used must be either from the latest edition of Trip Generation by ITE, or from a local study of corresponding land uses and quantities. All sources must be referenced in the study.

(f) Consideration of pass-by trips. If pass-by trips or shared trips are a major consideration for the land use in question, studies and interviews at similar land uses must be conducted or referenced.

(g) Rate sums. Any significant difference between the codes of single-use rates and proposed mixed-use estimates must be justified in the study report.

(h) Explanations required. The reasoning and data used in developing a trip generation rate for special/unusual generators must be justified and explained in the report.

(i) Definition of influence area.

[1] Prior to trip distribution of site-generated trips, an influence area must be defined which contains 80% or more of the trip ends that will be attracted to the development. A market study can be used to establish the limits of an influence area, if available. If no market study is available, and influence area should be estimated based on a reasonable documented estimate. The influence area can also be based on a reasonable maximum convenient travel time to the site, or delineating area boundaries based on locations of competing developments.

[2] Other methods, such as using trip data from an existing development with similar characteristics or using an existing origin-destination survey of trips within the area can be used in place of the influence area to delineate the boundaries of the impact.

(j) Estimates of trip distribution required.

[1] Trip distribution can be estimated using any one of the following three methods:

[a] Analogy.

[b] Trip distribution model.

[c] Surrogate date.

[2] Whichever method is used, trip distribution must be estimated and analyzed for the horizon year. A multiuse development may require more than one distribution and coinciding assignment for each phase (for example, residential and retail phases on the same site). Consideration must also be given to whether inbound and outbound trips will have similar distributions.

(k) Trip assignments.

[1] Assignments must be made considering logical routings, available roadway capacities, left turns at critical intersections, and projected (and perceived) minimum travel times. In addition, multiple paths should often be assigned between origins and destinations to achieve realistic estimates, rather than assigning all of the trips to the route with the shortest travel time. The assignments must be carried through the external site access points and in large projects (those producing 500 or more additional peak direction trips to or from the site during the development's peak hour) through the internal roadways. When the site has more than one access driveway, logical routing and possibly multiple paths should be used to obtain realistic driveway volumes. The assignment should reflect conditions at the time of the analysis. Assignments can be accomplished either manually or with applicable computer models.

[2] If a thorough analysis is required to account for pass-by trips, the following procedures should be used:

[a] Determine the percentage of pass-by trips in the total trips generated.

[b] Estimate a trip distribution for the pass-by trips.

[c] Perform two separate trip assignments, based on the new and pass-by trip distributions.

[d] Combine the pass-by and new trip assignment.

[3] Upon completion of the initial site traffic assignment, the results should be reviewed to see if the volumes appear logical given characteristics of the road system and trip distribution. Adjustments should be made if the initial results do not appear to be logical or reasonable.

(l) Total traffic impacts. Traffic estimates for any site with current traffic activity must reflect not only new traffic associated with the site's redevelopment, but also the trips subtracted from the traffic stream because of the removal of a land use. The Traffic Impact Study report should clearly depict the total traffic estimate and its components.

(m) Capacity analysis.

[1] Capacity analysis must be performed at each of the major street and project site access intersection locations (signalized and unsignalized) within the study area for current year/existing year and horizon year. In addition, analyses must be completed for roadway segments, deemed sensitive to site traffic within the study area. These may include such segments as weaving sections, ramps, internal site roadways, parking facility access points, and reservoirs for vehicles queuing off site and on site. Other locations may be deemed appropriate depending on the situation.

[2] The recommended level of service analysis procedures detailed in the most recent edition of the Highway Capacity Manual, latest edition, must be followed. The Township considers the overall level of services ratings A, B, and C to be acceptable for signalized intersections level of services D, E or F is considered to be unacceptable.

[3] The operational analyses in the Highway Capacity Manual, latest edition, should be used for analyzing existing conditions, traffic impacts, access requirements, or other future conditions for which traffic, geometric, and control parameters can be established.

(n) Required levels of service. The Traffic Impact Study shall identify the improvements necessary to meet the goals of the study. The applicant shall be responsible for the improvements required to meet the goals of the Traffic Impact Study. The goals of the Traffic Impact Study are to:

[1] Provide safe and efficient movement of traffic within the site and on surrounding roads;

[2] Minimize the impact of the project upon non-site trips;

[3] Not allow the levels of service at intersections currently rated A or B to be worse than C; and

[4] Not reduce the current levels of service at intersections with ratings of C or lower.

(o) Documentation required. A Traffic Impact Study report shall be prepared to document the purpose, procedures, findings, conclusions, and recommendations of the study.

[1] The documentation for a Traffic Impact Study shall include, at a minimum:

[a] Statement of purpose and objectives.

[b] Description of the site and study area.

[c] Existing conditions in the area of the development.

[d] Recorded or approved nearby development.

[e] Trip generation, trip distribution and modal split.

[f] Projected future traffic volumes.

[g] An assessment of the change in roadway operating conditions resulting from the development traffic.

[h] Recommendations for site access and transportation improvements needed to maintain traffic flow to, from, within, and past the site at an acceptable and safe level of service.

[2] The analysis shall be presented in a straightforward and logical sequence. It shall lead the reader step-by-step through the various stages of the process and resulting conclusions and recommendations.

[3] The recommendations shall specify the time period within which the improvements should be made (particularly if the improvements are associated with various phases of the development construction), and any monitoring of operating conditions and improvements that may be required.

[4] Data shall be presented in tables, graphs, maps, and diagrams wherever possible for clarity and ease of review.

[5] To facilitate examination by the Township Planning Commission and Board of Supervisors, and executive summary of one or two pages shall be provided, concisely summarizing the purpose, conclusions and recommendations.

[6] The report documentation outlined above provides a framework for site traffic access/impact study reports. Some studies will be easily documented using this outline. However, the specific issues to be addressed, local study requirements, and the study results may warrant additional sections.

(p) The Township may grant a waiver, in whole or in part, of the requirement for a Traffic Impact Study report or any of the requirements and standards. In considering any waiver or modification, the Board of Supervisors may consider, at their discretion, such factors as the location of the subject property, its proximity to intersections and major roadways, the size and density of the proposed subdivision or land development, the number and location of proposed accesses to the subject property and the nature of the use of proposed.

(q) If signalization is an on-site (or contiguous to the site) mitigation measure, then the developer shall prepare a warrant analysis or agree to fund a warrant analysis.

(r) Traffic signals proposed purely to provide access to the development shall include an agreement with the developer in a form acceptable to the Township Solicitor to provide for the developer to pay for operation and maintenance of the signal in perpetuity.

(s) Recommended speed limits and the need and location for any traffic calming features shall be included in the TIS. The TIS recommendations shall be consistent with the proposed signage and improvements shown within the development drawings.

(t) The possibility of initiating or expanding transit (public or private) service and Transportation Demand Management (TDM) programs such as ride-sharing within the study area shall be examined. This effort shall be coordinated with the municipality, the York County Transportation Authority or an appropriate private transportation provider and the York County Planning Commission.

(u) Any signal modifications within the U.S. 15 corridor shall provide for signal interconnection and coordination. The Township reserves the right to identify the type and manufacturer of interconnection equipment. Interconnection of the U.S. 15 corridor may include controller upgrades at other intersections in the system.

(v) Emergency signal preemption shall be provided by the developer when the operation of the signal may result in a delay to emergency vehicles, or other safety issues justify signal preemption. The Township may choose to forgo the emergency signal preemption.

(w) The Township reserves the right to identify other proposed signal equipment that should be included such as type and style of mast arms, signal indication types, and pedestrian indications styles.

D. Park and recreation. A park and recreation report for developments of 50 or more residential units. Said report shall be prepared by a certified park and recreational professional (CPRP) with the following minimum considerations:

(1) A description of the total projected number of residents and their respective age groups.

(2) A description of those existing public recreation facilities located within a one-half-mile radius of the site.

(3) A discussion on the adequacy of existing recreation facilities to serve the proposed residents, taking into consideration current usage.

(4) A discussion of potential for any recreation facilities to be provided by the developer to accommodate new residents and/or compensate for any anticipated deficiencies of the Township's recreational facilities.

(5) A description of any recreation facilities to be provided by the developer.

(6) A description of responsibility for maintenance of any recreational facilities to be provided by the developer.

(7) A description of accessibility of the proposed facilities to general Township residents.

(8) A description of any contributions that the developer plans to make for Township recreation to compensate for expected impacts.

(9) Source of standards used in the data presented.

E. Archaeological resources.

(1) This provision applies to properties containing sites that are:

(a) Listed on the National Register of Historic Places;

(b) Eligible for the National Register and received a determination of eligibility, from the National Park Service; or

(c) Listed on the York County Historical Society Register.

(2) These projects shall be subject to the completion of a level 1 and 2 archaeological survey, or a determination by the State Preservation Officer that the project will not disturb the cultural significance or artifacts on the property.

F. Groundwater supply.

(1) A water supply capacity report for projects that propose a groundwater system of greater than 15 residential units (single or cumulative), a commercial use or industrial use that propose the single or cumulative groundwater system greater than 4,500 gallons per day.

(2) The water supply capacity report shall be prepared by a professional engineer or registered geologist with expertise in hydrology, soil and geology. The report must demonstrate that the groundwater recharge on the subject property after development, during drought conditions (precipitation at [40%] below normal) will not lower the groundwater supply available to other property below safe levels.

G. Wetland study.

(1) All subdivision and land development plans shall have a wetland study performed by a professional soil scientist, biologist, hydrologist, wetland ecologist, or other demonstrated qualifications. The Township may require at second study, at the applicant's expense, by another mutually chosen professional, and/or a "jurisdictional determination" by the United States Army Corps of Engineers.

(2) The wetland study shall identify the location of existing wetland as determined by the standards of either the United States Environmental Protection Agency, Unites States Army Corps of Engineers, Pennsylvania Department of Environmental Protection, or the Unites States Natural Resources Conservation Service. Wetland areas are not limited to those areas delineated on wetland maps prepared by the Unites States Fish and Wildlife Services.

(3) All subdivision and land development plans shall identify by plan note the wetland study and the location of all wetland areas.

H. Steep slope report. A steep slope report for all applications involving construction on lands that possess slopes exceeding 15%. The steep slope report shall include the following:

(1) A topographic map of the site which highlights those areas that possess slopes between 15% and 25% and area exceeding 25%. Also reflected on this map shall be all existing and proposed site alterations and improvements (e.g., buildings, streets, access drives, driveways, parking compounds, utilities, etc.) that are located within the steep slope area.

(2) Only in those instances where construction and/or modifications is proposed to the existing topography and vegetative cover within areas of 15% or greater slope, the applicant shall provide a detailed description of the methods that are being used to:

(a) Protect and stabilize areas that have a high potential for soil erosion;

(b) Accommodate stormwater runoff;

(c) Assure structural safety and minimize harm to the environment associated with construction on steep slopes;

(d) Protect and preserve on-site and off-site valuable natural wildlife, plant habitants, and water quality;

(e) Protect steep slopes on adjoining properties; and

(f) Assure adequate foundations for buildings and/or structures.

(3) Only in those instances where construction and/or modifications to the existing topography and vegetative cover in areas of 25% or greater slopes, the applicant shall provide a soils engineering report. A soils engineering report shall be prepared by a registered professional engineer with expertise in soil, geology and construction. The report shall include:

(a) The nature, types, distribution and stability of the surface and subsurface soils for load bearing, stability and compaction;

(b) Extent, description and location of exposed rock and bedrock;

(c) Erodibility of surface soil; and

(d) Depth to seasonal high water table.

I. Stormwater management. All subdivision and land development plans shall have a stormwater management study performed in accordance with Chapter 428, Stormwater Management, as amended. Action on the stormwater management plan will be made in conjunction with the development plan.

J. Site context map. For all subdivisions (except minor subdivisions) and land development plans, a map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For sites under 100 acres in area, such maps shall be at a scale not less than one inch equals 200 feet, and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be one inch equals 400 feet, and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on site context maps include topography from USGS maps, stream valleys, wetland complexes from maps published by the United States Fish and Wildlife Service or the USDA Natural Resources Conservation Service, woodlands over 1/2 acre in area from aerial photographs, ridge lines, public roads and trails, utility easements and rights-of-way, public land, and land protected under conservation easements.

K. Existing resources and site analysis plan. For all subdivisions (except minor subdivisions) and land development applications, an existing resources and site analysis plan shall be prepared to provide the developer and the municipality with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. Conditions beyond the parcel boundaries may be described on the basis of existing published data available from governmental agencies, and from aerial photographs. Such plans shall be prepared at the scale of one inch equals 100 feet or one inch equals 200 feet, whichever would fit best on a single standard size sheet 24 inches by 36 inches. The following information shall be included in this plan:

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

(2) Existing contours of the site at vertical intervals of two feet or less. These contours must be developed by field surveys or photogrammetry. If the applicant does not seek approval for site improvements, then United States Geological Survey Mapping will suffice to show existing contours unless otherwise required by the Township Engineer.

(a) Slopes shall be classified as either moderate (15% to 25%) or steep (greater than 25%) and shown on the inventory map. Moderate or steep slope areas that are less than 100 square feet in area need not be shown.

(b) Topography for subdivisions shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official USGS benchmarks.

(3) The location and delineation of ponds, streams, ditches, drains, and natural drainage swales, as well as the one-hundred-year floodplains and wetlands.

(a) All streams and/or drainage courses located on or within 200 feet of the subject property must be shown, including the off-site drainage areas for all streams entering the subject property. Streams will be classified as either perennial or intermittent. The "Classification of Wetlands and Deepwater Habitats of the United States" (Cowardin, 1979) determines the classification of all streams.

(b) Floodplains for drainage areas over 30 acres must be shown on the inventory map. Sources of floodplain information may include, but not limited to, Federal Emergency Management Agency (FEMA) Carroll Township's most recent Flood Insurance Rate Maps, Flood Boundary Map and FEMA Floodway.

(4) Natural forest and tree cover shall be shown on the inventory map as a circumferential line around all forest and tree stands. Plant community, relative age and condition shall describe vegetative types.

(a) Individual trees with a caliper in excess of 15 inches shall be located on the inventory map.

(b) Hedgerows shall be located on the inventory map.

(5) Class I, II, and III soils as mapped by the United States Department of Agriculture, Natural Resources Conservation Service, in the most recent published soil survey for York County, and accompanying data published for each soil relating to its suitability for construction (and, in unsewered areas, for septic suitability).

(a) In addition, severely limiting soils must be highlighted on the plan drawing. Soils with severe limitations for development are those which have one or more of the following characteristics as identified in the most recent version of the Soils Survey for York County, Pennsylvania, prepared by the United States Department of Agriculture Natural Resources Conservation Service; seasonal high water table, subject to flood control, poor drainage, wetland/hydric soil conditions, high shrink/swell potential, shallow depth to bedrock, excessive slopes, high susceptibility to erosion.

(b) Erodible soils on slopes over 15% must be delineated on the existing resources inventory and site analysis plan.

(6) Ridgelines and watershed boundaries shall be identified.

(7) Pennsylvania Natural Diversity Inventory (PNDI) and York County Natural Area Sites.

(8) Geologic formations on the proposed development parcel, including rock outcroppings, cliffs, sinkholes, and fault lines, based on available published information or more detailed data obtained by the applicant.

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

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

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

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

(13) Total acreage of the tract, the adjusted tract area and the contained land area with detailed supporting calculations [see Article II, § 450-22D(1) of Chapter 450, Zoning].

L. Preliminary resource impact and conservation plan.

(1) For all subdivisions (except minor subdivisions and land developments) and land developments, a preliminary resource impact and conservation plan shall be prepared for applications to categorize the impacts of the proposed activities and physical alterations on those resources shown on the existing resources and site analysis plan (as required under Subsection K). All proposed improvements, including but not necessarily limited to grading, fill, streets, buildings, utilities and stormwater detention facilities, as proposed in the preliminary plan documents, shall be taken into account in preparing the preliminary resource impact and conservation plan, which shall clearly demonstrate that the applicant has minimized site disturbance to the greatest extent practicable.

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

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

(a) Description of existing resources as documented in Subsection K;

(b) Impacts of the proposed subdivision on existing resources, correlated to the areas depicted in the preliminary resource impact and conservation plan; and

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

(4) This requirement for a preliminary resource impact and conservation plan may be waived if the applicant can demonstrate that the proposed development areas, as laid out in the sketch plan or in the preliminary plan contain no constrained land.

M. Community association document.

(1) A community association document, also known as a "homeowner's association document" or a "condominium association document," shall be provided for all subdivision and land development applications which propose lands or facilities to be used or owned in common by all the residents of that subdivision or land development and not deeded to the municipality.

(2) The elements of the community association document shall include, but shall not necessarily be limited to the following:

(a) A description of all lands and facilities to be owned by the community association. This description shall include a map of the proposal highlighting the precise location of those lands and facilities.

(b) Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided.

(c) A declaration of covenants, conditions, and restrictions, giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document, which also provides for automatic association membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the association, including voting, elections, and meetings. Furthermore, it shall give power to the association to own and maintain the common property and to make and enforce rules.

(d) Statements prescribing the process by which community association decisions are reached and setting forth the authority to set.

(e) Statements requiring each owner within the subdivision or land development to become a member of the community association.

(f) Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement.

(g) Requirements for all owners to provide a pro rata share of the cost of the operations of the community association.

(h) A process of collection and enforcement to obtain funds from owners who fail to comply.

(i) A process of transition of control of the community association from the developer to the unit owners.

(j) Statements describing how the lands and facilities of the community association will be insured, including limit of liability.

(k) Provisions for the dissolution of the community association, in the event the association should become inviable.

N. Additional studies and reports.

(1) The Township may require the applicant to prepare studies and reports that address the proposal's coordination with the existing facilities necessary to service the development, accommodate prospective traffic, facilitate fire protection, prevent flooding, conform to the Northern York County Comprehensive Plan, and conform to all regulations or maps adopted in furtherance thereof.

(2) The development must insure that other properties will continue to have safe and convenient vehicular access, sanitary sewer service, water supply, and stormwater management in accordance with the standards of this chapter, or to the level of service that existed prior to the development.

(3) Studies and reports shall clearly identify all assumed improvements to the existing facilities. A study, report or plan that contains an assumption of future constructions of improvements shall include evidence that:

(a) A governmental entity has budgeted funds and/or entered into contracts for the assumed improvements; or

(b) An approved and recorded plan guarantees the assumed improvements.

§ 435-28 Certification and notification.

A. Where the land included in the subject application has an electric, telecommunication or telephone transmission line, a gas pipeline, or a petroleum or petroleum products transmission line located within the property, the application shall be accompanied by the copy of the right-of-way agreement or 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.

B. A statement on the plan by the individual responsible for the data to the effect that the survey, plan and/or other general data be correct (see Appendix No. 1).[1] This statement must be placed on both plans and reports. Signature must be dated after last revision on plans and/or reports.

[1] Editor's Note: Appendix No. 1 is included as an attachment to this chapter.

C. A statement on the plan acknowledging that the subdivision or land development shown on the plan is presented with the consent of the landowner. Owner's statement must be dated after last revision noted on plans.

D. A statement on the plan that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428),[2] as amended, before any improvements are initiated within a state highway, or a street, access drive, or driveway intersection to a state highway is permitted.

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

E. Where the land is located in the Agricultural Conservation (AC) and Residential Agricultural (RA) Zone, the following statement shall be provided on the plan:

"All lands within the Agricultural Conservation and Residential Agricultural Zones are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides, and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of Pennsylvania Act 133 of 1982, "The Right-to-Farm Law,"[3] may bar them from obtaining a legal judgement against such normal agricultural operations."

[3] Editor's Note: See 3 P.S. § 954.

F. An application (see Appendix No. 5).[4]

[4] Editor's Note: Appendix No. 5 is included as an attachment to this chapter.

G. Provide statement for acknowledgment by Township of action (see Appendixes Nos. 3 and 4).[5]

[5] Editor's Note: Said appendixes are included as attachments to this chapter.

H. Provide erosion and sedimentation control adequacy letter or approval from York County Conservation District or DEP.

I. Provide an Application (see Appendix No. 6)[6] for consideration of a waiver for each section of the Subdivision and Land Development Ordinance, for each waiver requested.

[6] Editor's Note: Appendix No. 6 is included as an attachment to this chapter.

§ 435-29 Filing fee.

The preliminary plan shall be accompanied by a check or money order drawn to Carroll Township in an amount specified on the fee schedule adopted by resolution of the Board of Supervisors and available at the Township Municipal Office.