[Ord. 74-2, 7/2/1974]
The plan requirements and processing procedures shall be followed
by the applicant as set forth herein and all applications for subdivisions
and land developments shall be submitted to the Planning Commission
of the Township for review and tentative approval prior to consideration
for formal approval by the Board of Supervisors.
[Ord. 74-2, 7/2/1974; as amended by Ord. 8.5.2008, 8/5/2008]
1. Previous to the filing of an application for final approval of a
plan, the applicant shall submit to the Planning Commission the following
plans and data:
A. Existing Conditions Data. As required for §
22-402, plus the following:
(1)
Boundary Lines. Or property lines by bearings and distances.
(2)
Existing Easements. Location, width and purpose.
(3)
Existing Streets. On and adjacent to the tract by name, right-of-way,
location; type, width and elevation of surfacing; walks, curbs, gutters
and culverts.
(4)
Existing Utilities. When applicable, show on and adjacent to
the tract; location, size and invert elevation of sanitary, storm
and combined sewers; location and size of water mains; location of
gas lines, fire hydrants, electric and telephone poles, and street
lights; if any of the above are not available at site indicate direction
and distance to the nearest ones and furnish statement of availability.
(5)
Other Existing Conditions. Water courses, marshes, rock outcrop,
wooded areas, houses, barns and other significant features. If the
applicant's tract is located where flood hazard exists the following
information shall be provided:
(a)
A drainage plan satisfactory to the Planning Commission. No
plan shall be approved when the Planning Commission finds that drainage
or flood control protection is necessary until plans for drainage
and flood control are approved.
(b)
Street Elevation. The Planning Commission shall not recommend
approval of streets subject to flooding.
(6)
Proposed Public Improvements. Highways, utilities or other major
improvements planned by public authorities for future construction
on or near the tract.
(7)
Ground Elevations on Tract. Based on datum approved by Township
Engineer or such other engineer qualified for the service; for land
that slopes less than 2% show elevations at all breaks in grade and
along drainage channels or swales not more than 100 feet apart; for
land that slopes more than 2% show contours with an interval of not
more than five feet and less in cases where necessary to show irregular
land for planning purposes.
(8)
Title and Certificates. Designation under which subdivision
is to be recorded; names and addresses of owners; acreage, scale,
north point, and benchmarks and date of survey. Certification of registered
civil engineer or surveyor may be required when in the opinion of
the Planning Commission the service is necessary to the public welfare.
B. Plan Revision Module.
(1)
A revision to the Township official plan for sewerage systems
must be prepared when an applicant applies for approval of a proposal
to:
(a)
Subdivide a parcel of land into three or more lots.
(b)
Install a third or subsequent individual sewage system in a
subdivision or otherwise platted tract.
(c)
Install a community sewerage system. (Serves 3 or more individual
lots.)
(d)
Apply to the Department of Environmental Protection (DEP) for
a permit for which DEP is the approving body.
(2)
The applicant shall be required to prepare the plan revision
module in accord with the Pennsylvania Sewage Facilities Act, 35 P.S.
§ 750.1 et seq., and 25 Pa. Code, § 71.16. Copies
of the form or guide to be used are entitled "Plan Revision Module
for Land Development" and are available at any office of the Department
of Environmental Protection.
C. Preliminary plan shall be at a scale of 100 feet to one inch or larger, on a sheet not larger than 18 inches by 24 inches and shall show all existing conditions required in Subsection
1A above and shall show all applicable proposals including, and not necessarily limited to, the following:
(1)
Streets. Names, right-of-way and cartway widths; approximate
grades and typical cross sections.
(2)
Easements. Location, width and purpose.
(3)
Utilities. Location, type and approximate size; this information
may be shown on a separate exhibit.
(4)
Lots. Lot lines and numbers.
(5)
Sites. To be reserved for parks, playgrounds or other public
uses.
(6)
Sites. For shopping centers, churches, industry, multi-family
dwellings or other use exclusive of single-family dwellings.
(7)
Building Lines. Dimensions of minimum building setback lines.
(8)
Site Data Tabulation. Number of residential lots, typical lot
size, and acreage and use of other land areas.
(9)
Title. Scale, north arrow and date.
(10)
Surface Water Drainage. General plans for the collection of
surface water and its outfall; and surface water runoff.
D. Percolation Tests. Percolation tests are required, unless all building
lots are to be immediately served by a public or approved private
sanitary sewer system, and shall be made by the local sanitarian,
in accordance with the rules and regulations of the Pennsylvania Department
of Environmental Protection. All costs incurred shall be the responsibility
of the applicant. DEP may require more extensive soil permeability
investigation to assure proper functioning of the sewage disposal
system. Such investigation shall be undertaken in accordance with
DEP specifications and the expense of the developer.
E. Other Preliminary Plans. When required by the Planning Commission,
due to severe topography or other physical conditions, the preliminary
plan shall be accompanied by such additional profiles showing existing
ground surface deemed necessary to ascertain the workability of the
plans.
F. At this point in time and activity the preliminary plan may be considered
as officially submitted provided that the Planning Commission provides
to the applicant a letter indicating that the preliminary plans and
documents are substantially in conformance to the requirements of
this section in respect to preliminary plans. The community has a
maximum of 90 days to take action on this preliminary filing. The
ninety-day period may be extended upon written agreement by and between
the applicant and the community.
[Ord. 74-2, 7/2/1974; as amended by Ord. 8.5.2008, 8/5/2008]
1. After official action on the preliminary plans by the Planning Commission,
final plans shall be submitted as follows:
A. Final submission plan shall be drawn in ink on durable material at
a scale of 100 feet to one inch or larger. All plans shall be on sheets
no larger than 18 inches by 24 inches. Where necessary, the plan may
be on several sheets accompanied by an index sheet showing the entire
subdivision. The final plan shall show:
(1)
Primary control points, to which all dimensions, angles, bearings,
and similar data on the plan shall be referred.
(2)
Information as required under §
22-403 hereof.
(3)
Location and description of survey monuments.
(4)
Names of owners of adjoining land.
(5)
Certification as to the accuracy of survey and plan by surveyor
or engineer, to an area of closure of not less than one in 5,000.
(6)
Statement of title to the land signed by owner.
(7)
Statement by owner dedicating streets, rights-of-way and any
sites for public uses.
(8)
Erosion and sediment control measures. (Vegetation, mulching, structural control, etc. See §
22-603).
B. Cross sections and Profiles.
(1)
Final plans and profiles of streets showing grades and horizontal
and vertical curves when applicable.
(2)
Cross sections of streets showing the type of construction,
the width of right-of-way, width of cartway, location and width of
sidewalks, and locations and size of utility mains as applicable.
(3)
Plans and profiles of proposed sanitary and/or stormwater sewers,
with grades and pipe sizes indicated, and a plan of any proposed water
distribution system showing pipe sizes and location of valves and
fire hydrants as applicable.
(4)
Street lighting facilities as applicable.
C. Upon receipt of the applications for subdivision and/or land development
the Township will send a copy of such applications to the County planning
agency for review and report at county expense.
D. Other Data. Such other documentation as may be required in the enforcement
of these regulations to include, but not be limited to:
(1)
Approvals and/or review comment of the Department of Environmental
Protection.
(2)
Recommendations and comment by Soil Conservation Service.
(3)
Evidence of PennDOT review when applicable.
(4)
Public utility review when applicable.
E. Requirement of improvements or guarantee thereof:
(2)
Certification by the enforcement officer that improvements have been installed or that a bond has been secured in accordance with §
22-704.
F. At this point in time and activity the final plan may be considered
as officially submitted provided that the Planning Commission provides
to the applicant a letter indicating that the final plans and documents
are substantially in conformance to the requirements of this chapter
in respect to preliminary plans. The Board of Supervisors has a maximum
of 90 days to take action on this preliminary filing. The ninety-day
period may be extended upon written agreement by and between the applicant
and the Board of Supervisors.
[Ord. 74-2, 7/2/1974; as amended by Ord. 8.5.2008, 8/5/2008]
1. When filing plans for approval, whether preliminary or final for subdivision and/or land development, the applicant shall submit six copies of all plans and other information to the Planning Commission, and additional copies as required to satisfy the need as set forth under §
22-404, Subsection
1D, hereof.
2. At the time of filing, the applicant shall pay to the Township fees
to be used to defray the cost of processing such plans, in an amount
as established from time to time by resolution of the Board of Supervisors.
3. All plans shall be submitted to the Planning Commission at least five days prior to the regular meeting of the Planning Commission at which it is desired to seek review thereof. The Planning Commission shall review the plans. After preliminary review, the Planning Commission may require modification to the plan and, subject to such modification, may concur with the plan. This is the same general point in time reflected under §
22-403, Subsection
1F, hereof. The Planning Commission shall submit the preliminary plan to the Board of Supervisors for review, comment and action.
4. After final plan review and concurrence, the Planning Commission shall submit the plan and supporting documentation together with its recommendations to the Board of Supervisors. This point in time reflects the same time of §
22-404, Subsection
1F, hereof.
5. Action by Board of Supervisors. All applications for approval of
a plan (preliminary or final) shall be acted upon by the Board of
Supervisors which shall render its decision and communicate it to
the applicant not later than 85 days after such application is filed.
A. The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant personally or mailed to him
at his last known address not later than five days following the decision.
B. When the plan is not approved as filed the decision shall specify
the defects found and describe the requirements which have not been
met and shall, in each case, cite to the provisions of the statute
or ordinance relied upon.
C. Failure of the Board of Supervisors to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed an approval of the plan as presented unless the applicant
has agreed in writing to an extension of time or change in the prescribed
manner of 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 effects.
D. From the time an application for approval of a plan, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision or other governing ordinance or plan shall
affect the decision on such application adversely to the applicant
and the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed. Refer to Article V, § 508(4)
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508(4)
for the effect of ordinance amendments on subdivision plans.
[Ord. 74-2, 7/2/1974; as amended by Ord. 76-1, 7/19/1976;
and by Ord. 8.5.2008, 8/5/2008]
1. In, the case of a "minor subdivision," the subdivider may comply
with the following procedures in lieu of submission of a preliminary
and final plan:
A. Meet with the Planning Commission and discuss the proposed development as set forth under §
22-402, Subsection
1C, hereof. Preliminary plans and reviews may be bypassed and complete plans prepared at the direction of the Planning Commission. The term "complete plan" for a minor subdivision shall be a final plan for all purposes.
B. Submission. The subdivider shall submit six copies of complete plan of any minor subdivision to the Planning Commission and the Township Supervisors. Said plan shall outline the subdivider's proposals in sufficient detail to permit a determination that the proposed subdivision conforms with the intent and purpose of this chapter, including the responsibilities as set forth under §
22-404 hereof.
C. Engineering services may not be required for all minor subdivisions,
particularly for those reflecting one or two lots. Nevertheless, if
in the opinion of the Planning Commission or Township Supervisors
there is question regarding the validity of lot description and/or
location in respect to recording, engineering services could be required.
D. Fees. At the time of filing a complete plan of a minor subdivision,
the applicant shall pay to the Township a fee in an amount as established
from time to time by resolution of the Board of Supervisors, plus
any additional costs incurred in processing plans.
E. Review and Approval. Upon a determination by the Planning Commission
that the proposed subdivision is in accordance with this chapter,
the subdivider shall be advised of the concurrence of the Planning
Commission, or of such changes as may be required, and requested to
submit six copies of the plan.
F. The Planning Commission shall submit the complete plan to the Board of Supervisors for action as set forth in §
22-405, Subsection
1E, hereof.
[Ord. 74-2, 7/2/1974; as added by Ord. 1990-2, 11/6/1990;
as amended by Ord. 8.5.2008, 8/5/2008]
1. Upon the filing of a subdivision or land development plan the applicant
shall pay a fee as established by the Supervisors of Hepburn Township
by resolution from time to time adopted.
2. In addition thereto, the applicant shall pay all review fees which
may include, but are not necessarily limited to, reasonable and necessary
charges incurred by Hepburn Township or any of its officers or agencies
in having the subdivision plans reviewed and report thereon by professional
consultants or engineers to the Township or any of its agencies or
officers, in order to determine whether or not to approve the same.
The amount of such review fees shall be those ordinary and customary
charges incurred by Hepburn Township for those reviewing the plans,
including its Engineer or other consultants, which shall be not in
excess of those charged for similar service in the community and in
any event shall not exceed the rate or cost charged by the reviewer,
the Engineer or consultant to Hepburn Township when such fees are
not reimbursed or otherwise imposed upon the applicants.
3. In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notify the Secretary of Hepburn Township that such fees are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application but shall follow the procedures for dispute resolution as set forth under §
22-704, relating to disputes over financial security.
4. In addition thereto, the applicant shall pay a fee equal to the cost
of giving public notice and legal advertising of any public hearing
that is necessary to approve the application for land development
or subdivision and unless the appearance of a court stenographer at
said hearing is waived by the applicant shall also pay prior to the
conduct of the hearing 1/2 of the appearance fee of the stenographer.
The applicant, in case of such public hearing, shall cause to be deposited
a sum in an amount as established from time to time by resolution
of the Board of Supervisors with the Township prior to advertising
of the hearing in order to guarantee the payment of the aforesaid
hearing costs; provided that the applicant shall pay any excess of
such costs over and above the deposit and shall be refunded any amount
less than the deposit incurred for such hearing costs.