[Ord. 11-2011(c), 11/29/2011, § 100-14]
This chapter establishes regulations regarding the subdivision and development of land for uses permitted under the Covington Township Zoning Ordinance [Chapter 27]. The Zoning Ordinance regulates where uses take place and establishes standards for lot area, lot width and other aspects of land use, including criteria for evaluating conditional use and special exception applications. The Township relies upon many of these standards in processing land subdivisions and conformance with applicable requirements of the Zoning Ordinance [Chapter 27] is required for all applications. Where a landowner proposes to develop property that requires conditional use or special exception approval under the Zoning Ordinance [Chapter 27], such conditional use or special exception approval shall be a prerequisite of land development approval under this chapter.
[Ord. 11-2011(c), 11/29/2011, § 100-15]
1.
A sketch plan may be submitted to the Township by the developer of
any land to be subdivided or developed, for the purpose of classification
and preliminary discussion of the proposed subdivision or land development.
No action will be taken by the Township with respect to a sketch plan
and no discussions concerning the same shall later be construed to
have implied approval of any sort.
2.
A preliminary plan shall be required for all subdivisions and land
developments. This requirement will be waived by the Township Board
of Supervisors, however, in those instances where no improvements
demanding inspection or financial guarantee are proposed. Should a
preliminary plan be waived, the applicant shall proceed directly with
a final plan submission provided all information connected with a
preliminary plan submission is included.
3.
Any person proposing to create a subdivision or land development
shall submit, along with preliminary plans required below, one copy
of an application for subdivision and land development approval on
a form to be supplied by the Township. This application shall include:
A.
The name, address and telephone number of the property owner of record
and those of the subdivider, if different.
B.
The name and number of the road where the proposed subdivision is
to be located.
C.
The name, address and telephone number of the registered professional
land surveyor preparing the subdivision plans.
D.
A copy of the recorded deed for the property in question.
E.
The type of sewer system proposed and permit number, if granted.
Should an existing system be proposed for a new use of greater intensity
than the previous use, a professional engineer or certified Pennsylvania
Sewage Enforcement Officer shall have lust determined such system
is adequate to accommodate the additional wastewater flow and documents
to this effect shall be submitted.
F.
All fees due. Fees are due at the time of submission, payable whether
the plans are approved or not. All Township fees are to be paid in
the form of a check or money order made payable to Covington Township
and collected by the Township Planning Commission Secretary. Fees
due the Tioga County Planning Commission for review shall be made
payable to that agency and collected simultaneously.
G.
Existing and proposed uses of the property.
H.
Any other information necessary to determine compliance with this
chapter.
4.
_____
A.
Twelve copies of preliminary plans shall be submitted. They shall be accompanied by an application as provided above and also include all the items identified in § 22-304 below. This material shall be submitted no later than Friday of the week prior to the regular meeting of the Township Planning Commission. The Township Planning Commission Secretary shall note receipt of the preliminary plan and collect any fees due The Secretary shall forward copies to the Township Planning Commission for action and the Township Code Enforcement Officer(s) and other officials (e.g., Township Engineer, Emergency 9-1-1 office) as may be appropriate, for analysis of compatibility with this and other Covington Township ordinances. Notwithstanding these requirements, however, the Planning Commission may, for review purposes, accept or reject any application brought before it later than Friday of the week prior its regular meeting.
B.
The Township Engineer, if required, and the Township Planning Commission
shall review the preliminary plan to ascertain whether it complies
with the requirements of this chapter. The Commission may request
the subdivider to submit additional information, make certain corrections
or changes, or return the plan as incomplete and, therefore, not acceptable
for filing.
C.
The review agencies (other than the Tioga County Planning Commission)
shall, no later than 45 days following the filing date, make its recommendation
for approval or disapproval and submit a report to the Board of Supervisors.
The Board of Supervisors shall make its decision regarding the preliminary
plan within 30 days of its receipt of the reports and communicate
that decision in writing to the applicant within 15 days, (90 days
total from the filing date) setting forth any reasons for disapproval,
should that be the decision.
D.
If DEP approval is necessary, the Board shall, either prior to or
concurrently with subdivision approval, make its decision with respect
to the planning module for land development to revise or supplement
its official plan and, if approval is granted, said revision or supplement
will promptly be forwarded to DEP. Preliminary approval shall require
as a prerequisite, or be conditional upon, DEP acceptance (approval)
of the proposed revision. Any conditional approval shall be considered
null and void in the absence of such DEP acceptance (approval) unless
the Board of Supervisors has determined the legal limit of time for
DEP action has expired giving the applicant a deemed approval. A conditional
approval shall expire, in any event, after six months unless some
form of DEP approval has been obtained.
E.
After receiving approval of a preliminary plan, (or when conditions are removed), the subdivider shall install or guarantee installation of the improvements required by this chapter and commence the preparation of final plans. In the absence of actual installation of improvements, the subdivider may otherwise guarantee them according to the requirements of § 22-305.
5.
Final Plan Procedures.
A.
Following the installation and inspection of improvements or preparation
of satisfactory guarantees for their installation and maintenance,
the subdivider may submit final plans to the Township. Final plans
shall be processed in the same manner as preliminary plans. They may,
however, be submitted in stages. No preliminary plan (or portions
of such plan) shall remain valid for development of final plans after
a period of five years from preliminary approval if any of the applicable
standards of this chapter have been modified and no extension of approval
has been granted. Moreover, no final plans shall be accepted for any
subdivision or land development for which DEP has not prior approved
or concurrently approved the necessary revision to the official wastewater
facilities plan.
B.
Following approval of the final plan by the Board of Supervisors,
the subdivider shall, within 90 days, officially record the final
plan in the Office of the Tioga County Recorder of Deeds. Failure
to do so will render the final plan void and the subdivider shall
resubmit the final plan for approval including any fees required.
[Ord. 11-2011(c), 11/29/2011, § 100-16]
1.
Sketch plans for land developments and subdivisions should be to
scale using approximate dimensions and of sufficient size to show
the entire tract on one sheet, and should show or include the following:
A.
The location of that portion which is to be subdivided in relation
to the entire tract.
B.
All existing structures, rock outcroppings, stone fields, wooded
areas, wetlands, rivers, streams and lakes within the portion to be
subdivided.
C.
The name of the owner and of all adjoining property owners as disclosed
by the most recent deed or tax records.
D.
All streets or roads, streams, water, sewage and gas and power lines
within 500 feet of the subdivision.
E.
The tentative layout of the remainder of the tract owned by the subdivider.
F.
North Point, graphic scale, date and name/address of subdivider and
landowner.
G.
A location map with sufficient information to enable the locating
of the property.
H.
The proposed use of the property.
[Ord. 11-2011(c), 11/29/2011, § 100-17]
1.
Preliminary plans for subdivisions shall be prepared by registered
professional land surveyors, and preliminary plans for land developments
shall be prepared by a professional engineers, registered landscape
architects, or other professionals as provided by the Commonwealth
of Pennsylvania, with the term "preliminary plan" indicated in the
title block on all sheets and original seals and signatures appearing
on each sheet connected with the submission. They shall be clearly
and legibly drawn at a scale compatible with Tioga County Tax Maps.
Maps shall be not less than 11 inches by 17 inches nor more than 24
inches by 36 inches in size and should, when possible, show the entire
tract to be divided. Supplemental detail maps that will not be recorded
may be at any scale and as large as 36 inches by 42 inches.
2.
The preliminary plans and accompanying supplementary data shall contain
the following information:
A.
Proposed name of the subdivision. This name, to be provided in a
"preliminary plan" title block shall not duplicate in spelling or
pronunciation any recorded subdivision within Tioga County. The name
and address of the present landowner as well as subdivider (if different)
shall also be provided.
B.
Location by municipality and County (to be placed in the title block).
The preliminary plan shall also include current deed book references,
Tax Map numbers for affected parcels and a one inch equals 2,000 feet
location map taken from the applicable U.S.G.S. map(s). It should
encompass all parcels within 4,000 feet of the subdivision or land
development.
C.
The map shall include a title block with the name of the municipality
and County and name of the existing owner of record. The North Point,
graphic scale, preparation date and all revision dates shall also
be indicated. A signature approval block shall be provided along with
a blank area beneath sufficient in size to record any conditions of
approval as shall be specified by the Township.
D.
Boundaries of total tract with accurate bearings and distances and
the total tract area in square feet (or acres).
E.
Locations, names and widths of rights-of-way of all streets, widths
of utility rights-of-way and other easements, parks and public grounds
and permanent buildings and other significant physical features in,
or adjacent to, the subdivision which will have an effect on the design,
and all common open space easements.
F.
Approximate locations of existing and proposed sewage systems (including
on-site systems), sanitary sewer lines, public water mains, storm
sewers, electric power and transmission lines, gas lines, and all
other items above or below ground with size, direction of flow and
pressure details as may be appropriate or required by the Township
Engineer.
G.
Names of current owners of abutting properties (including those across
the street) with deed book references, and lines showing where they
intersect.
H.
Existing contours at intervals of at least every 20 feet. The Township
reserves the right to request greater detail when the scope or nature
of the development demands the same. Contours at intervals of two
feet shall be required wherever improvements are planned to be installed.
I.
Proposed layout and lengths of streets, alleys and other public rights-of-way, including widths and proposed names which shall not duplicate existing names by spelling or pronunciation. The street proposals shall be accompanied by a submission of plans as required by § 22-409 hereof, including profiles, cross-sections, and preliminary designs for bridges and culverts.
J.
The proposed layout, numbering (in consecutive order) and approximate
dimensions and area of lots (in square feet or acres) along with the
types of dwellings proposed on each lot and remaining acreage. Development
phasing plans and schedules, if any, shall also be provided.
K.
Parcels to be dedicated to the public, or reserved for their use,
or to be reserved by covenant for residents. These shall be marked
as such.
L.
The applicable zoning district and building setback lines. Where
lots are located on a curve, or side lines are not parallel, the width
at the building line shall also be shown.
M.
All drainage easements, marked as such.
N.
Approximate final grades in areas of cut or fill.
O.
Proposed uses for all lots shall be indicated.
P.
Proposed covenants and restrictions along with any other documents
associated with the formation of a property owners association (POA),
if any. Such documents shall, at a minimum, require that all property
owners be members and pay dues assessed thereby. They shall also address
the responsibilities of lot purchasers for management of common property.
Q.
Evidence of water supply. In cases where no public water supply is
planned as part of the subdivision, the subdivider shall supply acceptable
evidence of the availability of other potable water source and designate
proposed sites for individual on-site wells. This evidence may be
in the form of logs from test wells, logs from existing wells or other
documentation or explanation, based on geology or hydrology, acceptable
to the Board of Supervisors.
R.
A letter from each electric, telephone, cable television or other
utility company servicing the area indicating that the utility company
is aware of the subdivision and identifying the conditions by which
such utility will provide service to the proposed subdivision, unless
exempted from PUC or municipal franchise requirements to do so. The
preliminary plan shall also include the PA One Call number, the One
Call telephone number, the date the One Call number was assigned and
other information required by Pennsylvania law (73 P.S. § 179).
S.
Erosion and sedimentation plan prepared in consultation with the
Tioga County Conservation District (where required) with evidence
of that agency's approval also provided.
U.
Seven copies of the planning module for land development (or evidence of previous approval of such module), along with all information required to approve as a revision or supplement to the official plan and comply with the Township Sewage Facilities Ordinance [Chapter 18, Part 1]. Soil types and boundaries shall be mapped. Each planning module shall be accompanied by maps over and above any other maps required.
V.
Copies of permits from either Covington Township or the Pennsylvania
Department of Transportation, as the case may be, for street encroachment
or highway occupancy. The Township, however, may waive this requirement
where no immediate plans exist to improve the property, provided a
notice has been placed on the plat that such permits are required.
Notwithstanding any exceptions granted, such permits shall be obtained
prior to starting construction or guaranteeing any road construction
required.
W.
Floodplain and wetland boundaries from Official Maps of the same
generated by the federal government, if applicable, and evidence of
compliance with Township, commonwealth and federal requirements pertaining
to such areas. The Township Planning Commission may also require,
or the applicant may submit, more detailed wetland delineation studies
for purposes of identifying the boundaries of such areas where federal
mapping is of insufficient detail. Such studies shall be certified
by an approved wetlands delineator. Any plans that include wetlands
mapping shall include the following language:
"The delineation of wetlands on the plan is not approved or
certified by Covington Township. Any delineation is subject to approval
by the appropriate commonwealth and federal agencies."
X.
Other prominent natural or man-made features such as stone walls
and ledges.
Y.
All existing watercourses, streams, ponds, lakes and other bodies
of water. A fifty-foot easement shall be established around each body
of water to limit new building for other than docks and other water-related
structures. Such easement shall also be depicted.
Z.
Any other information the Planning Commission or Board of Supervisors
may require to determine compliance with this chapter.
[Ord. 11-2011(c), 11/29/2011, § 100-18]
1.
After approval of the preliminary plan, the subdivider, in a manner
consistent with the Pennsylvania Municipalities Planning Code, shall
provide for the installation of the required improvements (those physical
additions and changes necessary to provide usable and desirable lots).
Before requesting final plan approval the subdivider must:
A.
Install all the improvements approved on the preliminary plan and
required in Part 4 at the standards required.
B.
File with the Secretary of the Township a performance guarantee to
insure installation and construction of all required improvements
at the standards required. Such guarantee shall meet with the approval
of the Township Solicitor as to form and procedure.
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The subdivider shall meet with the Township Engineer to develop
a schedule, so that at the time each required improvement is to be
installed and, upon its completion, adequate inspections can be made.
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2.
This section is designed to be consistent with Sections 509 through
511 of the Pennsylvania Municipalities Planning Code and the Township
hereby incorporates all authorities and requirements contained therein
as part of this chapter.
A.
Posting. The performance guarantee must be approved by the Board
with the advice of the Township Solicitor and Engineer, and must:
(1)
Be a corporate surety bond, certified check, or other security,
provided the same is satisfactory to the Board and consistent with
the requirements of the Pennsylvania Municipalities Planning Code.
(2)
Be payable to Covington Township.
(3)
Be in an amount sufficient to complete the required improvements
in compliance with these and other Township regulations plus expected
cost increases as provided in the Municipalities Planning Code.
(4)
In the case of cash or its equivalent, be held in an escrow
fund in the name of the municipality.
(5)
Specify a satisfactory completion date for required improvements,
which shall not be more than one year from the date of the final approval.
Provisions may also be made, pursuant to the aforementioned Code,
for completion of improvements in phases or over a longer period,
in cases of large developments.
B.
Return. When the required improvements have been completed and approved
for conformity with these and other Township regulations by the Township
Engineer or other qualified individual designated by the Township
and accepted by the Township Board of Supervisors, the guarantee shall
be released and returned pursuant to Section 510 of the Pennsylvania
Municipalities Planning Code. When any of the required improvements
have been completed and approved or materials for the same have been
secured on-site, a portion of the security commensurate with the cost
of these improvements as confirmed by the Township Engineer, may be
released and returned.
C.
Default. In the event of default, the obligor and surety shall be
liable thereon to the Township for the cost of the required improvements
or parts thereof not installed. If proceeds of such bond, or other
security are insufficient to pay the cost of installing or making
repairs or corrections to all the required improvements covered by
said security, the governing body of the municipality may, at its
option, install part of such improvements in all or part of the subdivision
or land development and may institute appropriate legal or equitable
action to recover the moneys necessary to complete the remainder of
the improvements. All of the proceeds, whether resulting from the
security or from any legal or equitable action brought against the
developer, or both, shall be used solely for the installation of the
required improvements covered by such security, and not for any other
municipal purpose.
3.
Prior to the certification of any required improvements or release of any guarantee, the subdivider shall pay all inspection and related costs (for professional services, meetings, advertisements and expenses) associated with the improvements or guarantees. These costs will be assessed as a special fee apart from the regular fees provided for in § 22-307 of these regulations. Said payment shall be made to the Township.
4.
Where required improvements are being dedicated to the Township,
the subdivider shall comply with the applicable requirements of any
other Township ordinances governing dedication of such required improvements.
Such dedications shall be limited to those required improvements that
the Township Board of Supervisors is willing and able to accept. The
subdivider shall also submit a maintenance bond or other approved
performance guarantee to guarantee maintenance and repair of those
required improvements for 18 months from the date of dedication. The
maintenance bond shall generally be a maximum of 15% of the costs
of required improvements, subject to approval of the Township Board
of Supervisors.
[Ord. 11-2011(c), 11/29/2011, § 100-19]
1.
Twelve paper copies of final plans for land developments and subdivisions
shall be prepared by a registered professional land surveyor or other
professionals as provided herein and submitted to Covington Township
for approval. The term "final plan" shall be indicated in the title
block on all sheets and original seals and signatures appearing on
each sheet connected with the submission. Each sheet shall be consecutively
numbered as "Sheet _____ of _____." The plans shall be prepared on
sheets of a uniform size no less than 11 inches by 17 inches and no
greater than 24 inches by 36 inches and otherwise conforming with
requirements of the Tioga County Recorder of Deeds. Final plan attachments
and exhibits shall be numbered and labeled in accordance with the
requirements of this section and any "subdivision checklists" developed
by the Township. The final plan shall include, in addition to the
information required for the preliminary plan submission, the following:
A.
Exact locations, widths and names of all streets and all crosswalks
within the subdivision or land development, including center line
profiles.
B.
Complete curve data for all curves included in the plan.
C.
Exact descriptions of all easements being provided for services or
utilities in the subdivision or land development, and any limitations
placed on the use of such easements.
D.
Accurate outlines of any lots or areas to be reserved or dedicated
for common use by residents of the subdivision or land development,
or for general public use, with the purpose indicated thereon.
E.
Accurate depictions in metes and bounds of all lots, including front,
side and rear building lines shown graphically with dimensions. All
lots shall be numbered consistent with the Emergency 9-1-1 addressing
system. Locations of proposed sewage absorption and/or infiltration
areas, proposed water wells, any existing or proposed structures shall
also be indicated.
F.
A final version of all restrictions and covenants, if any, the developer
intends to place in the deeds to the lots in the subdivision or land
development. If no such restrictions or covenants are to be imposed,
a statement to that effect shall be included. Covenants and restrictions
may not be modified following final approval without the consent of
the Township Board of Supervisors.
G.
The total tract boundary lines of the area being subdivided, with
accurate distances to hundredths of a foot and bearings to one minute.
These boundaries shall be determined by accurate survey in the field;
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 permanent boundary line
(perimeter) markers shall be indicated, along with a statement of
the total area of the property being subdivided. In addition, the
surveyor shall certify the placement of permanent lot markers for
all lots proposed for final approval.
H.
The final plan shall contain a certificate signed by the project
engineer indicating that; (1) all improvements have either been installed
and approved by the proper officials or agencies, or (2) that a guarantee
has been submitted to the Township in an amount determined by the
Board of Supervisors, on advice from the Township Engineer, to be
sufficient to ensure their installation.
I.
Complete final construction (as built) plans and profiles of installed
or proposed public sanitary sewage disposal systems and storm drains,
with grades and pipe sizes, unless private septic tanks are to be
used. Also, complete final construction plans of installed or proposed
public water distribution systems showing pipe sizes and locations
of valves and fire hydrants, if any, shall be provided unless private
wells are to be used. Locations of all test pits for on-lot sewage
and water well sites shall also be indicated on a map.
J.
Complete final construction (as built) plans for all other improvements
proposed on the final plan.
K.
Evidence in writing of actual arrangements made with utility companies
or agencies for supplying each lot in the subdivision or land development.
L.
A key map for the purpose of locating the site to be subdivided,
at a scale of not less than 2,000 feet to one inch, showing the relation
of the property to adjoining property and to all streets, roads and
municipal boundaries existing within 4,000 feet or any part of the
property proposed to be subdivided. U.S.G.S. quadrangle maps may suffice
as a base for such a key map.
M.
A signature approval block along with a blank area beneath sufficient
in size to record any conditions of approval as shall be specified
by the Township. This shall appear on every sheet of the set of plans.
N.
A statement that erosion and sedimentation and stormwater management
plans, as required, have been prepared and approved by the Tioga County
Conservation District. Stormwater management plans shall also require
the specific approval of the Township Engineer.
O.
Copies of street encroachment or highway occupancy permits (to be
secured prior to any actual road construction) if preliminary approval
was conditioned on obtaining such permits.
P.
Elevations, rough floor plans and architectural drawings of typical
buildings to allow the fire department to assess fire safety needs.
Q.
Zoning districts and boundaries, if applicable.
R.
Floodplain and wetland delineations (see preliminary plan requirements)
along with the following statement:
"The delineation of wetlands on the plan is not approved or
certified by Covington Township. Any delineation is subject to approval
by the appropriate commonwealth and federal agencies."
S.
Once a subdivision is approved, if it is not recorded at the county
level within 180 days it becomes invalid. If the subdivision has not
been recorded no further adjustments can be made to existing maps.
2.
Each final plan submission shall, in addition to the items required
above, include new submissions of preliminary plan data in any instance
where there has been a change in the plans or the circumstances surrounding
them.
[Ord. 11-2011(c), 11/29/2011, § 100-20]
1.
At the time an application for subdivision approval is filed, a fee
shall be paid to the Township by the subdivider; such fee to be determined
from a schedule of fees as adopted by the Board of Supervisors by
resolution. The Township shall also be empowered to charge an applicant
for expenses incurred by either the Planning Board and/or Board of
Supervisors for professional fees as a result of professional work
required on behalf of said Boards, as the result of the filing of
an application seeking approval by either Boards.
2.
These fees shall include, but will not be limited to, engineering
and consultant fees. The professionals employed at the request of
either Boards will submit a written voucher for work performed on
an hourly basis, which fees have been approved by the Board of Supervisors.
Payment of fees by the applicant shall be a prerequisite for approval
of the application, but shall be paid regardless of whether approval
is granted or denied.
3.
The applicant shall be invoiced for all fees promptly by the Township.
In the event that payment in full has not been received by the Township
of all fees within 15 days after the invoice for same has been mailed
or issued, the Township may, in its discretion, deny the pending application
and provide no reason for the denial other than the nonpayment of
the appropriate fees.
4.
The application may be resubmitted to the Board of Supervisors within
30 days after denial, and upon remittance of said fees. At expiration
of the thirty-day limitation, the application will then be considered
a new application, and subject to regulations as set forth herein.
The new application will not be considered by any Township Board prior
to payment of all fees incurred.
[Ord. 11-2011(c), 11/29/2011, § 100-21]
The Township Board of Supervisors, the Township Planning Commission
and other designated Township officials with responsibilities for
administration of this chapter, shall, upon request, be granted reasonable
right of entry to any property that is the subject of an application
made hereunder, for purposes of gathering information to determine
compliance with these provisions. Refusal to provide for such right
of entry shall be cause to deny any application.
