Before submission of the preliminary plan by the developer,
certain maps and materials may be submitted by the developer to the
Borough for a feasibility review. This material will enable the Borough
to determine the potential of the proposed subdivision or land development
tract for development and the general feasibility of the developer's
plans for the tract. If a feasibility review is desired by developer,
developer's submission shall include the following maps and materials:
A.
A key map, for the purpose of locating the property being subdivided,
drawn at a scale not smaller than one inch equals 1,000 feet and showing
the relation of the property, differentiated by tone or pattern, to
adjoining property and to all streets, roads, zoning districts and
municipal boundaries existing within 2,000 feet of any part of the
property. The key map may be based on USGS quad sheet maps.
B.
A map illustrating an analysis of natural drainage patterns and water
resources within the proposed subdivision tract, including delineation
of streams, natural drainage swales, ponds and lakes, wetlands, floodplains
subject to a one-hundred-year flood frequency, and permanent and seasonal
high water table areas. The map shall be based on USGS quad sheets,
County Soil Survey Maps, and the flood boundary and floodway map from
the Bath Borough Flood Insurance Study where applicable.
C.
A map illustrating an analysis of types of soils present within the
proposed subdivision tract. The map should include delineation of
prime agricultural soil areas, soils with shallow depth to bedrock,
soils most susceptible to erosion, soils most suitable for on-lot
sewage disposal. The map shall be based on the County Soil Survey.
D.
A topographic map of the site based on USGS quad sheets.
E.
A map delineating additional significant physical features within
the proposed subdivision tract, such as woodland areas, large trees,
rock outcroppings and scenic views. The map shall be based on USGS
quad sheets and on-site survey work.
G.
A letter of intent and a sketch of the proposed subdivision or land development at a scale of one inch equals 100 feet explaining and illustrating the developer's general development concepts for the tract. The type of development, density of development, form of ownership, circulation patterns and means of providing major utility service should be explained and illustrated. The sketch may be based on deed and Tax Map information. Where possible, the information required by Subsections A through F should be shown on the sketch.
A.
The preliminary plan of a proposed subdivision shall be clearly and
legibly drawn to a scale not smaller than one inch equals 100 feet.
C.
If the preliminary plan requires more than one sheet, a key diagram
illustrating relative location of the several sections shall be drawn
on each sheet.
D.
The preliminary plan shall indicate the following data:
(1)
Name, address and phone of record owner;
(2)
Name, address and phone of developer, if different from owner;
(3)
Name of proposed subdivision;
(4)
Name of the municipality or municipalities within which subdivision
is proposed;
(5)
Names of all adjoining subdivisions, if any, and the names of owners
of all adjacent unplotted land within 200 feet of the subject tract,
referencing the deed, book and page numbers where the most recent
conveyances of abutting tracts are recorded, and referencing the Tax
Map, block and lot number for each;
(6)
Name, address, phone number, license number, and seal of registered
engineer or surveyor responsible for the survey or subdivision plan
and a certification of the accuracy of the survey or subdivision plan
by the engineer or surveyor;
(7)
North point, graphic scale, written scale, and date including the
month, day and year that the original drawing was completed, the month
day and year that the original drawing was revised, and a brief description
of each revision;
(8)
A key map, for the purpose of locating the property being subdivided,
drawn at a scale not smaller than one inch equals 1,000 feet and showing
the relation of the property, differentiated by tone or pattern, to
adjoining property and to all streets, roads, zoning districts and
municipal boundaries within 200 feet of any part of the property;
(9)
Total tract boundaries of the property being subdivided, showing
bearings and distances, and a statement of total acreage of the property;
(10)
Tax Map sheet, block and lot numbers within the proposed subdivision
tract obtained from the county Tax Assessor's office;
(11)
The zoning district or districts within which the proposed subdivision
is located;
(12)
All existing buildings or other structures within 200 feet of
the proposed subdivision tract;
(13)
All existing streets, including streets of record (recorded
but not constructed), on or within 200 feet of the tract, including
names, right-of-way widths, pavement widths and approximate grades;
(14)
All existing sanitary and storm sewer lines, water lines, fire
hydrants, utility transmission lines, culverts, bridges, railroads
or other man-made features within the proposed subdivision tract and
within 200 feet of the boundaries of the proposed subdivision tract;
(15)
Location, width and purpose of existing easements and utility
pipe and electric rights-of-way within 200 feet of the proposed subdivision
tract;
(16)
Contour lines at vertical intervals of not more than two feet
for land with average natural slope of 10% or less, and at intervals
of not more than five feet for land with average natural slope exceeding
10%. Location and elevation of the date to which contour elevations
refer shall be the closed United States Geologic Survey established
benchmark.
(17)
The signature blocks set forth on Appendix B attached hereto
and incorporated by reference as if fully set forth at length,[1] which appendix may be amended by Borough Council by resolution
from time to time.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
E.
The full plan of proposed development, including:
(1)
Location, width and approximate dimensions of all streets and rights-of-way,
with a statement of any conditions governing their use;
(2)
Suggested street names;
(3)
Proposed and existing utility easement widths, purposes and locations;
(4)
Building setback lines along each public street;
(5)
Lot lines with approximate dimensions;
(6)
A statement of the intended use of all nonresidential lots and parcels;
(7)
Lot numbers, a statement of total number of lots and parcels and
the net lot size in square feet or acres for each lot;
(8)
Sanitary and/or storm sewers (and other drainage facilities), with
the location, size and material of each indicated, any proposed connections
with existing facilities and appropriate profile data;
(9)
Parks, playgrounds, roadways and other areas dedicated or reserved
for public or common use, with approximate land areas for each; and
(10)
Copies of the proposed deed restrictions and protective and
restrictive covenants.
F.
The preliminary plan shall be accompanied by the following supplementary
data, unless the BPC has determined that the submission of such data
is not necessary:
(2)
A completed planning module for land development, including soil
and representative percolation tests, where applicable, and all additional
information necessary for the Borough Council to make a decision to
revise or supplement the Official Plan for sewage facilities;
(3)
A storm drainage plan for the proposed subdivision tract which conforms to design requirements for storm drainage set forth in § 580-24;
(4)
A plan for minimizing erosion and sedimentation in accordance with the Erosion and Sediment Control Standards set forth in § 580-27A;
(5)
A landscape plan, where applicable, according to the standards set forth in § 580-27B(3), Tree preservation and planting;
(6)
A plan for providing utility service according to the standards set forth in § 580-25 and applicable state and federal regulations;
(7)
In the case of subdivision or land development plans to be developed
in stages or sections over a period of time, a map delineating each
stage or section of the proposed subdivision or land development consecutively
numbered so as to illustrate phasing of development, showing what
roads and utilities are needed to support each stage or section, and
a schedule indicating the approximate time for which application for
final approval of each stage or section are intended to be filed;
(8)
Final designs of any bridges or culverts which may be required. Such
designs shall meet all applicable requirements of the Pennsylvania
Department of Environmental Protection, Division of Dams and Encroachment,
and/or the Pennsylvania Department of Transportation;
(9)
A map illustrating the entire contiguous holdings of the landowner
indicating the area or scope of ultimate proposed subdivision and
delineating the area which the preliminary plan encompasses; and
(10)
A sketch map of the proposed road system for the remainder of
the area not included in the preliminary plan.
G.
Grading and excavation regulations. Prior to issuance of a building
permit or commencement of new construction or excavation on any lot,
the applicant shall submit to the Borough Zoning Officer six copies
of the final plot, grading and erosion and sedimentation control plan.
The plan must be drawn at a scale of one inch equals 20 feet. The
plan must contain the information listed below, and any other appropriate
data deemed necessary to portray the conditions on the parcel. Design
of the grading plan shall divert open-face runoff away from principal
buildings, driveways, walkways and on-lot sewage disposal systems.
In the case where basic grading provisions have been defined during
site plan or subdivision plan approval, the lot grading plan shall
conform to those requirements. The grading plan will be reviewed by
and must be approved by the Borough Engineer prior to the issuance
of a building permit.
H.
Grading and excavation plan requirements. Plans submitted for review
shall have at least the following detail:
(1)
Property lines defined by bearing and distances or curve data.
(2)
Existing and proposed contour elevation lines at maximum interval
of two feet.
(3)
Spot elevations on first floor level of any structure, adjacent to
any door, window opening to grade or Bilco®-style basement door,
primary and secondary on-lot sewage systems, finished street elevations
at point of intersection of center lines, intersection with gutters
and at a maximum of fifty-foot intervals. (Other areas maybe deemed
necessary by the Borough Engineer.)
(4)
Benchmark.
(5)
North reference, easements and rights-of-way within or adjacent to
said property.
(6)
Location, size and elevation of all existing and proposed storm drainage
structures or swales within or adjacent to the subject property.
(7)
Lot numbers of all adjoining lots and names of adjoining streets.
(8)
Locations of all perc test holes, soil probes and wells and the location
and dimensions of primary and secondary on-lot sewage disposal systems
with isolation distances. In the case of public services, the location
of water and sewer laterals.
(9)
Exact location and dimensions of any proposed structure, appurtenant
structure, road or driveway, with tie-in dimensions to property lines.
(10)
Building footprint with all wall dimensions necessary to layout
shape of building. Street cartway and right-of-way lines shall be
dimensioned. For corner lots, a parallel street and the clear sight
triangle easement shall be shown.
(11)
Location, site and detailed calculations of dry wells, leech
areas or other stormwater control measures, if required by the Borough
Engineer.
(12)
Erosion and sedimentation control measures and sequence of operations.
(13)
Engineer's or surveyor's seal.
(14)
Six copies of plot/lot grading plan must be submitted.
(15)
Basement pump or foundation drainage system must be noted, if
applicable. The method used to prevent road shoulder erosion, water
entering onto neighboring properties and methods of discharging must
be submitted.
(16)
Street address.
(17)
Driveway grades and slope.
I.
Grading and excavation plan requirement exceptions. The Borough Manager, Code Enforcement Officer, or Borough's representative responsible for the acceptance of plans and the issuance of building permits may waive the plan requirements set forth in § 580-16G and H after consultation with the Borough Engineer under one or more of the following situations:
(1)
Preestablished preexisting grades. The excavation and grading would
constitute minimal earth and sol disruption because the house, garage,
and/or street level for a driveway, parking lot, and lawn have already
been established, and no new grading pattern would be created through
the project, and the project does not otherwise constitute subdivision
or land development.
(2)
De minimis elevation change. The change in grade or elevation would
be less than 3% overall for the project, and there are no apparent
karst hazards, sinkholes, environmentally sensitive areas on adjoining
properties, no new stormwater patterns would be established and runoff
rate off the parcel would not increase post-development, and the project
does not otherwise constitute subdivision or land development.
(3)
Improvement or like kind exchange. The change in grade or elevation
would not impact on the post-development stormwater or erosion patterns
since the project is merely to pave an existing gravel drive, replace
one impervious surface with another, or one pervious surface with
another; the excavation and removal of material or the introduction
of fill material is minimal, the project would not alter the pre-
and post-development grade more than 3% for the overall project, and
the project would not otherwise constitute subdivision or land development.
(4)
Appeal of non-waiver of plan submission requirement. In the event that the Borough representative refuses to waive the requirement for full grading and excavation plan submission, the applicant may appeal that decision directly to the Borough Council as a waiver request under § 580-16, setting forth the specific request and the reasons therefor in writing to Borough Council. An applicant may appeal a refusal of the Borough Council to grant such a waiver as any waiver request would be appealed under the provisions of the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
It shall not be necessary to resubmit supporting maps and data submitted with the preliminary plan, as set forth in § 580-16F of this chapter, provided that no change has occurred.
C.
The following additional data shall be illustrated on the final plan:
(1)
The latest source of title to the land as shown by the deed, page
number and book of the County Recorder of Deeds;
(2)
The total tract boundary lines of the area being subdivided with
accurate distances to hundredths of a foot and bearings to 15 seconds.
These boundaries shall be determined by accurate survey in the field,
to an error of closure not to exceed one foot in 10,000 feet. The
tract boundary shall be subsequently closed and balanced. The boundary(ies)
adjoining additional unplatted land of the subdivider (for example,
between separately submitted final plan sections), however, are not
required to be based upon field survey, and may be calculated. The
location and elevation, if known, of all boundary line (perimeter)
monuments shall be indicated, along with a statement of the total
area of the property being subdivided. In addition, the engineer or
surveyor shall certify to the accuracy of the survey, the drawn plan,
and the placement of the monuments;
(3)
All lot lines shall be dimensioned as follows:
(4)
The proposed building setback or the proposed placement of each building;
(5)
All easements or rights-of-way where provided for or owned by public
services, the proposed uses thereof, and any limitations on such easements
or rights-of-way. Rights-of-way shall be shown and accurately identified
on the plan. Easements shall either be shown or specifically described
on the plan. Easements should be located in cooperation with the appropriate
public utilities;
(6)
Such private deed restrictions as may be imposed upon the property
as a condition to sale, together with a statement of any restrictions
previously imposed which may affect the title to the land being subdivided;
(7)
If the subdivision proposes a new access point to a state legislative
route, the feasibility report from PennDOT for the highway occupancy
permit shall be attached;
(8)
A certification of ownership, whether equitable or in fee, acknowledgement
of plan and offer of dedication shall be lettered on the plan, and
shall be duly acknowledged and signed by the owner of the property
and notarized;
(9)
A signature block for certification of approval of the plan by the
BPC and the Borough Council;
(10)
A signature block for certification of review of the plan by
the Joint Planning Commission;
(11)
Space shall be left along with lower edge of the sheet, adequate
to permit the County Recorder of Deeds to acknowledge receipt and
recording of the plan when it is presented;
(12)
If the final plan requires more than one sheet, a key diagram
showing the relative location of the several sections shall be drawn
on each sheet; and
(13)
Each page of the final plan submission shall be independently
certified as true, correct and accurate by the preparer.
(14)
The signature blocks set forth on Appendix C attached hereto
and incorporated by reference as if fully set forth at length,[1] which appendix may be amended by Borough Council by resolution
from time to time.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
D.
The final plan shall be accompanied by the following:
(1)
Plans showing:
(a)
Location, size, types, grades, slopes and invert elevation of
all sanitary sewer, water distribution and storm drainage systems,
and the location of all manholes, inlets and culverts;
(b)
Final profiles, cross-sections, clear sight triangles and specifications
for proposed streets, sanitary sewers, water distribution systems
and storm drainage systems shall each be shown on one or more separate
"plan and profile" sheets.
(2)
Documentation from the Sewage Enforcement Officer that each lot has
been tested and found acceptable for on-lot sewage systems (where
applicable).
(3)
A copy of the Department of Environmental Protection acceptance or
approval of the planning module.
(4)
A copy of an agreement document with the Bath Borough Authority which
is to provide the water supply for the public water supply system
(where applicable).
(5)
A completed and executed copy of the Subdivision Improvement Agreement
as agreed upon by the developer and the Borough Council.
(6)
A performance guarantee in the amount of 110% of the estimated cost of all required improvements, as set forth in § 580-30, as approved by the Borough Engineer in a form and with surety approved by the Borough Solicitor, guaranteeing the construction and installation of all such improvements within a stated period which shall not be longer than three years from the date of final subdivision approval. Where the final plan is submitted in stages or sections, the amount of the guarantee may also be provided in stages if acceptable to the Borough Council.
(7)
A maintenance guarantee in an amount of not less than 15% of the Borough Council's estimate of the cost of all required improvements as set forth in § 580-30. This guarantee assures that the developer shall maintain all such improvements in good condition for a period of 18 months after completion of construction and installation of all such improvements by the Borough Council.
E.
In the case of a subdivision or land development proposed to be developed in stages or sections over a period of years, final plan requirements as listed in §§ 580-17A through D shall apply only to the stage or section for which final approval is being sought. However, the final plan presented for the stage or section must be considered as it relates to information presented for the entire subdivision or land development in the application for preliminary approval.
