Township of Stroud, PA Part 2 SUBMISSION AND PROCESSING OF APPLICATIONS

§ 22-201 Submission of Subdivision and Land Development Plans.

[Ord. 2003-1, 1/27/2003, § 2.100]

1. Submission of plans for all subdivisions and land developments are required by this chapter. The submittal shall meet all of the following requirements:

A. Plan to Be Filed with the Township. Copies of the subdivision plans or land development plans and all required supporting data shall be submitted to the Planning Administrator by the applicant. The submission shall be made a minimum of five days before a regularly scheduled Planning Commission meeting. The submission shall be made either by hand-delivery or by certified mail. The subdivision plan or land development plan and supporting data shall then be reviewed by the Planning Commission at a meeting in accordance with Subsection 1C.

B. Plan Review Fee. The Township shall collect a review fee and such other applicable fees as have been established by resolution of the Board of Supervisors for all subdivision plan or land development plan submissions.

(1) Fees shall be charged in order to cover the costs of examining plans and other expenses incidental to the approval, approval with specified conditions or rejection of all subdivision plans or land development plans.

(2) The applicant shall pay the appropriate fee at the time of plan submission. An official submittal shall not be considered to have been made until after all required fees have been paid.

(3) The applicant shall be responsible to reimburse the Township for expenses that exceed any initial escrow amount. The Township may withhold approval or recording of plans until all expenses are paid, except as set forth in the Pennsylvania Municipalities and Planning Code, § 503(1), 53 P.S. § 10503(1).

C. Official Date of Plan Submission. The official date of the preliminary or final subdivision plan or land development plan submission shall be determined as follows:

(1) Completeness. The Planning Administrator shall determine whether the submission is complete according to Township submission requirements, including, but not limited to, meeting §§ 22-301, Subsection 2, 22-401, Subsection 2, 22-501, Subsection 2, or 22-601, Subsection 2, as applicable. This determination shall be made before or during the first Planning Commission meeting that is five days or more after the submission. The Planning Administrator may consider input from the Township Engineer.

(a) If the submission is determined to be complete, and the submission was received at least five days prior to the Planning Commission meeting, the submission shall be considered to be officially accepted, and then the Planning Commission may begin its review.

(b) If the submission is determined to not be complete, the submission shall not be considered to be officially accepted by the Township. The submission shall not be officially accepted until after the missing items/information are submitted by the applicant prior to a regularly scheduled Planning Commission meeting.

(c) The Township Engineer may begin his/her review at any time after the submission is considered to be complete.

(2) Chapter Changes. From the time the application for preliminary or final plan review is duly filed as provided above, and while such application is actively pending action by the Township, no change or amendment of the Zoning Ordinance [Chapter 27], this chapter or any other governing ordinance or plan shall affect the decision on such application adversely to the applicant for a period of five years after the submittal date. This subsection shall only apply if the application is determined to be complete. If the submittal is not complete, then the protection of this section shall apply after the date of a complete submittal.

D. Revised Plans. All revisions to preliminary or final plans that were accepted for review shall be submitted to the Planning Administrator by the applicant a minimum of nine days prior to the next regular Planning Commission meeting. The Planning Commission may table a submission that is not submitted at least nine days prior to the meeting. The number of copies of plans and the distribution of plans shall be the same as required for initial plan submission, except the Township Staff may waive distribution of certain copies if the revisions are not substantial.

E. Notification of the Applicant. The Township shall notify the applicant in writing, either personally or mailed to the applicant's last known address, not later than 15 days after any action has been taken on the submitted preliminary or final plan by the Board of Supervisors, unless the applicant has agreed in writing to an extension of time or change of the prescribed manner of notification.

F. Public Hearing. Before acting on any Plan, the Board of Supervisors may hold a public hearing thereon after public notice.

§ 22-202 Submission of a Sketch Plan.

[Ord. 2003-1, 1/27/2003, § 2.200]

1. Submission of a sketch plan is not required by this chapter. However, any applicant may submit to the Planning Commission for informal discussion, a sketch plan of any proposed subdivision or land development. Comments made by Township officials during a sketch plan review shall not be binding upon the Township.

A sketch plan submission is very strongly encouraged to identify issues early in the process. This early review can reduce the need for applicants to make expensive and time-consuming revisions to plans after they have submitted fully engineered preliminary plans. The sketch plan review may also make the applicant aware of Township or state requirements that will affect their proposal that they had not considered. A pre-application meeting is strongly encouraged between the developer, the developer's engineer and the Township staff prior to the submittal of the sketch plan.

2. Sketch Plan Submittal. Twelve copies of the sketch plan with the information required in Subsection 4 and supporting data may be submitted to the Planning Commission at any regularly scheduled meeting. When the sketch plan is presented to the Planning Commission, the plan will be informally discussed at the meeting. However, no review or report is required to be made by the Township Engineer. If the Planning Commission or the applicant desires a report from the Township Engineer, detailed discussion of the sketch plan may be tabled until the next regularly scheduled meeting. The applicant shall be responsible for the engineering expenses.

3. Review of a Sketch Plan. A properly submitted sketch plan shall be discussed and commented on in the following manner:

A. Purpose of Sketch Plan. A sketch plan shall be considered only as a submission for informal discussion between the applicant and the Planning Commission.

(1) Submission of a sketch plan shall not under any circumstances constitute an official submission of a subdivision plan or a land development plan to Stroud Township.

(2) The sketch plan is intended to help in the following matters:

(a) To identify the overall objectives of the applicant.

(b) To identify major issues that may need to be addressed to comply with this chapter, the Township Zoning Ordinance [Chapter 27] and other applicable ordinances.

(c) To classify the plan as a major or minor subdivision and/or land development.

(d) To identify an initial set of issues that the Township wishes the applicant to address in the more detailed engineering.

(e) To provide mapping for the Township to understand the site conditions. As a general goal, the intent is for Township officials to visit the site at the sketch plan stage.

B. Sketch Plan Reviews.

(1) The Township Engineer shall, when requested by the applicant, review the sketch plan to determine its conformance with this and other applicable ordinances. The report of the Township Engineer should be in writing and shall be submitted to the Planning Commission at a meeting at which the sketch plan is to be discussed. The Planning Administrator may also conduct a review. The sketch plan reviews are not intended to result in a detailed list of all deficiencies in a submittal.

(2) Site Visit. A walk around the development site by the Planning Commission and staff is strongly encouraged. See the application form in Appendix 22-A which asks the property-owner to allow access to the property.

C. Discussion by the Planning Commission. A sketch plan should be reviewed and discussed by the Planning Commission at one or more meetings.

(1) During the review of the sketch plan, the Planning Commission shall consider any report of the Township Engineer and Township staff.

(2) The Planning Commission should describe any initially identified policy issues (such as site layout matters) to the applicant. A copy of any written comments should be provided to the applicant and the Board of Supervisors.

4. Sketch Plan Information. All sketch plans submitted for review should include the information outlined in the following sections. The locations shown on the sketch plan may be approximated.

A. An existing resources and site analysis plan should be submitted with the sketch plan including the information listed in § 22-301, Subsection 4.

B. It is suggested that the sketch plan also show:

(1) Name of proposed subdivision or land development, if any.

(2) Landowner and applicant names and addresses, including names and addresses of corporation officers and major stockholders, if applicable.

(3) Location map at a minimum scale of one inch equals 2,000 feet (preferably larger) showing major roads, watercourses, points of interest and Township boundaries within 1,000 feet, with the borders of the development highlighted on the map.

(4) North arrow, true or magnetic.

(5) Graphic scale.

(6) Tax assessment number of the property.

(7) Name and address of plan preparer and date of plan preparation, and any revision dates.

(8) Tract boundaries.

(9) Proposed and existing street and lot layout on immediately adjacent tracts, including road names, numbers and right-of-way widths.

(10) Approximate locations and names if any, of existing man-made and natural features including but not limited to:

(a) Watercourses and lakes.

(b) Wetlands. (Note - hydric soils provide an indicator of possible wetlands. Mapping of these are available from the County Conservation District.)

(c) Rock outcrops and stone fields.

(d) Buildings and structures.

(e) Wooded areas and tree masses.

(11) Locations of one-hundred-year flood zones and one-hundred-year floodplain elevations, if applicable.

(12) Location and description of any historic buildings and/or structures.

(13) Location and type of any existing rights-of-way, easements and restrictive covenants, which might affect the development.

(14) Existing topography including contour lines at an interval of not more than 20 feet as superimposed from the U.S.G.S. Quadrangle map In the event more accurate and detailed contours are available, they shall be shown.

(15) Location of soil types, including identification of seasonally high water table and hydric soils.

(16) Site data, including:

(a) Total acreage of development.

(b) Number of lots proposed (if applicable).

(c) Type of water supply proposed.

(d) Type of sewage disposal proposed.

(e) Zoning district.

(f) Average lot size.

(17) Proposed lot and street layout, if applicable.

(18) Proposed locations and size of principal buildings, off street parking and loading areas, access drives, proposed landscaping and buffers, as applicable.

C. With a sketch plan, the following supportive information should be submitted:

(1) A map of the entire contiguous holdings of applicant, showing proposed and existing roads.

(2) The Planning Commission, at its discretion, may request information concerning how the site layout will generally conform with the Environmental Protection Requirements of the Zoning Ordinance [Chapter 27] and this chapter.

D. Conservation Design. If a sketch plan is submitted for a proposed major subdivision or land development, and the project will involve over three acres of land for a nonresidential project or six or more dwelling units and over three acres of land for a residential project, it is desirable that the Conservation Design Process described in § 22-301, Subsection 4E, be addressed at the sketch plan stage instead of the preliminary plan stage. This will greatly increase the likelihood that issues will be able to be resolved in time to meet a standard ninety-day time clock for approval of a preliminary plan.

§ 22-203 Submission of Preliminary Plans for Major Subdivisions.

[Ord. 2003-1, 1/27/2003, § 2.300; as amended by Ord. 2010-12, 11/15/2010, §§ 1, 2]

1. Submission of a preliminary plan is required by this chapter for all major subdivisions. See § 22-201 regarding submission requirements, including time limits for submittals. All preliminary plans submitted for approval shall meet the requirements established in the following paragraphs:

A. Combined Preliminary/Final Approval. At their option, the Board of Supervisors may grant combined preliminary/final plan approval if:

(1) The preliminary plan submission meets all of the requirements of a final plan submission.

(2) The submission meets all Township ordinances.

(3) The Board of Supervisors determine that there are no outstanding matters, other than routine conditions on an approval.

B. Combined preliminary/final approval is primarily intended for cases where an applicant is not proposing staged development and where complex land planning and engineering matters are not involved that need a longer time period for Township and public review.

2. Number of Preliminary Plan Copies. The submission of the preliminary subdivision plan shall be comprised of the following number of copies, unless the Planning Administrator pre-approves a lesser number, in addition to the copies of the Plans provided to the County Planning Commission. All maps shall be folded prior to submittal:

A. Seventeen copies of a completed and signed subdivision plan review application.

B. Seventeen copies of each request for a modification of regulations. See § 22-102.

C. Seventeen legible paper prints of the preliminary subdivision plan which shall fully comply with the requirements of this section of this chapter.

D. Nine paper prints of a schematic drawing of any proposed central water supply and distribution system in accordance with § 22-401 (when applicable).

E. Eight paper prints of a schematic drawing of any proposed central or community sewage collection and disposal system in accordance with § 22-501 of this chapter (when applicable).

F. Seven paper prints of existing and proposed center line profiles for all streets and drives drawn in conformance with § 22-302, with typical cross sections of each street and drive.

G. Four copies of a preliminary drainage plan consisting of location, type and character of storm sewers, culverts, natural watercourses, drainage easements, impoundment areas, existing and proposed topographic contours.

Note: Subsections 2D through G, above, may be combined into one or more utilities and public improvements plans.

H. Each of the following items:

(1) Six copies of the latest deed(s) of record for the plan property.

(2) Six copies of any proposed offers of dedication or reservation of rights-of-way or land areas with specific conditions attached.

(3) Six copies of any proposed special or unusual deed restrictions, protective or restrictive covenants referenced to the subdivision plan or special area of the said plan.

(4) Seventeen copies of any data relating to the plan or to the purpose of the proposed subdivision that would be helpful or informative to the Planning Commission in its review.

I. Submittal to county. The applicant shall provide the Township with a receipt showing that two copies of each plan and each of the above items was submitted by the applicant to the County Planning Commission. One copy is intended for the County Planning Commission staff and one for the County Engineer. The applicant shall also provide a receipt to the Township that the appropriate County Planning Commission fee was paid, payable to the County of Monroe.

(1) Such plans and fee shall be submitted to the County Planning Commission prior to submittal to the Township.

(2) See provisions of Article V of the State Municipalities Planning Code, 53 P.S. § 10501 et seq., regarding the time period needed for county review.

J. Packets. The applicant shall separate the submission into packets as set forth in Subsection 3 and label the recipient of each packet, for distribution by the Township.

K. Adjacent Municipality. If a preliminary plan will include land within 1,000 feet of the border of another municipality, a copy of the layout plan shall be provided to the municipal offices of that municipality by the applicant. A dated copy of the cover letter shall be provided to the Planning Administrator.

3. Distribution of the Preliminary Subdivision Plan. The Planning Administrator shall, after all fees are paid, refer the submitted items as listed below. The plans described in § 22-202, Subsection 4, shall also be submitted to Township officials if the conservation design process was not addressed at the sketch plan stage:

A. Township Planning Commission. Two copies of each of the items listed in Subsections 2A through H.

B. Township Planning Commission members. One copy of each of the items listed in Subsections 2A, B and C and H(4) to each individual member.

C. Township Planning Commission Solicitor. One copy of each of the items listed in Subsections 2A, B, C, D, E and H.

D. Township Engineer. One copy of each of the items listed in Subsections 2A through H.

E. County Planning Commission, submitted by the applicant directly to the county. One copy of each of the items listed in Subsections 2A through H, except two copies of the items listed in Subsection 2C.

F. Township Traffic Consultant. One copy of each of the items listed in Subsections 2A, B, C, F, G, H(1), H(4).

G. Township Solicitor (if different from Planning Commission Solicitor. One copy of each of the items listed in Subsections 2A, B, C, D, E, H.

H. Township Supervisors. One copy of each of the items listed in Subsections 2A through F.

I. Township Park and Recreation Director. One copy of each of the items listed in Subsections 2A, B, C.

4. Preliminary Plan Requirements for Major Subdivisions.

A. Preliminary plans for major subdivisions shall be drawn at a scale of one inch equals 50 feet, or such other scale pre-approved by the Township staff or the Township Engineer. One inch equals 100 feet may be found acceptable on unusually large sites that do not involve complex site engineering. All distances and other information shall be legibly and accurately presented on the plan. Plans shall be prepared on a standard or twenty-four-inch by thirty-six-inch sheet. If the subdivision layout plan covers more than one sheet, then the entire subdivision layout shall also be shown on a single sheet at whatever scale is necessary.

B. Preliminary Plans for Major Subdivisions. The following shall be submitted:

(1) Existing resources and site analysis plan shall be prepared before detailed engineering plans are prepared. This map shall be submitted if the subdivision involves over three acres of land for a nonresidential project, or six or more dwelling units and over three acres of land for a residential project. See a description of the design process in Subsection 4D below. Applicants are strongly encouraged to submit this information at the sketch plan stage, but if not, it is required at the preliminary plan stage. This map shall include the following:

(a) Name of proposed subdivision or land development, if any.

(b) North arrow and graphic scale.

(c) Name and address of plan preparer and date of plan preparation, and any revision dates.

(d) Tract boundaries.

(e) Location map at a scale no smaller than one inch equals 400 feet showing major roads, road names, watercourses, points of interest and Township boundaries within 1,000 feet.

(f) Locations and names, if any, of existing man-made and natural features including but not limited to:

1) Watercourses and lakes.

2) Wetlands. A wetland delineation report prepared by a qualified professional or an Army Corps of Engineers jurisdictional determination shall be submitted, or a note shall be submitted on the plan indicating that wetlands are not present on the property.

3) Buffers around lakes, ponds and wetlands. (See § 27-606, Subsection 6, of Zoning Ordinance [Chapter 27].)

4) Rock outcrops and stone fields or other geologic formations.

5) Buildings and structures.

6) Wooded areas and tree masses, and extent of areas proposed to be removed and areas proposed to be protected. See the requirements of the Township Zoning Ordinance [Chapter 27].

7) Groups of or individual noteworthy specimen trees, such as trees with a trunk width of over 18 inches dbh measured 4.5 feet above the ground.

8) Any "Natural Heritage Areas," as designated by the Nature Conservancy, that overlap the subject property.

9) Utilities.

10) Culverts.

11) Soils with a shallow depth to the seasonally high water table (see County Soils Survey or more accurate source).

(g) Delineation of watershed basins and sub-basins.

(h) Locations of one-hundred-year flood zones and one-hundred-year floodplain elevations, if applicable.

(i) Location and description of any registered historic sites and buildings.

(j) Existing topography from USGS map or more accurate and detailed contours if available at the time the map is prepared.

(k) Location, purpose and nature of any existing right-of-way or other easement and any restrictive covenants, which might affect the development.

(l) Accurate existing topography at a contour interval sufficient to determine compliance with Township ordinances. An interval of two feet for slopes of less than 15% and five feet for slopes of 15 or more percent is recommended.

1) If less than five new lots are proposed, detailed contours are not required to be shown within areas of 10 or more acres that the plan clearly states shall not be altered as part of the Final Plan approval.

2) Areas with existing slopes of 15% to 30%, and areas greater than 30%, shall be separately highlighted.

(m) Location of soil types, including those that have a seasonally high water table and hydric soils. DEP group classification for each soil type shall be provided.

(n) Location of initial soil test pits and perc test locations, if applicable. Such tests shall be sufficient in number at the preliminary plan stage to show the general feasibility of the development.

(o) Major scenic views, as identified in the adopted "Stroud Area Regional Comprehensive Open Space Plan," from within the site and from the perimeter public rights-of-way into the site.

(p) Ridgelines.

(q) Location of trails, wetlands, steep slopes, waterways, drainage channels and one-hundred-year floodplains that are within 200 feet from the boundaries of the subdivision or land development. Approximate locations of existing principal buildings within 100 feet from the boundaries of the subdivision or land development. These locations may be based upon visual inspection, existing reports or existing mapping, as opposed to an actual survey.

(r) If wells or septic systems are proposed within the subdivision, then the locations of any well or septic system within 100 feet of the subdivision shall be shown. If the location cannot be determined, then the approximate location shall be shown and labeled as such.

(s) Total acreage of subdivision, including adjusted tract area calculations.

(t) Location of trails, wetlands, steep slopes, waterways, drainage channels and one-hundred-year floodplains that are within 200 feet from the boundaries of the subdivision or land development. Approximate locations of existing principal buildings within 100 feet from the boundaries of the subdivision or land development. These locations may be based upon visual inspection, existing reports or existing mapping, as opposed to an actual survey.

(u) If wells or septic systems are proposed within the subdivision, then the locations of any well or septic system within 100 feet of the subdivision shall be shown. If the location cannot be determined, then the approximate location shall be shown and labeled as such.

(v) Location of any "Natural Heritage Areas," as designated by the Nature Conservancy, that overlap the proposed development area.

(2) The preliminary plan shall accurately show the following information:

(a) Name of proposed subdivision or land development.

(b) Landowner and applicant names and addresses, including names and addresses of corporation officers and major stockholders, if applicable.

(c) North arrow, true or magnetic.

(d) Graphic scale.

(e) Name and address of plan preparer and date of preparation, and any revision dates.

(f) Tract boundaries with bearings in degrees, minutes and seconds and distances in feet and hundredths of a foot.

(g) Names of adjoining property owners including those across adjacent roads. The use of adjoining properties shall also be identified (such as "undeveloped" or "single-family detached dwelling").

(h) Proposed and existing street and lot layout on immediately adjacent tracts, including road names, numbers and right-of-way and cartway widths.

(i) Locations and names, if any, of existing man-made and natural features including but not limited to:

1) Watercourses and lakes.

2) Wetlands. A wetland delineation report prepared by a qualified professional or an Army Corps of Engineers Jurisdictional Determination shall be submitted, or a note shall be submitted on the Plan indicating that wetlands are not present on the property.

3) Buffers around lakes, ponds and wetlands. (See § 27-606, Subsection 6, of Zoning Ordinance [Chapter 27].)

4) Rock outcrops and stone fields or other geologic formations.

5) Buildings and structures, including stone fences or lime kilns.

6) Wooded areas and tree masses, and extent of areas proposed to be removed and areas proposed to be protected. See the requirements of the Township Zoning Ordinance [Chapter 27].

7) Groups of or individual noteworthy specimen trees, such as trees with a trunk width of over 18 inches dbh measured 4.5 feet above the ground.

8) Utilities.

9) Culverts.

10) Soils with a shallow depth to the seasonally high water table (see County Soils Survey or more accurate source).

(j) Delineation of watershed basins and sub-basins.

(k) Land areas covered by impervious coverage (or typical for a dwelling), and proposed percentage impervious coverage compared to maximum percent coverage in Zoning Ordinance [Chapter 27].

(l) Locations of one-hundred-year flood zones and one-hundred-year floodplain elevations, if applicable.

(m) Location and description of any historic sites and/or structures.

(n) Location, purpose and nature of any existing right-of-way or other easement and any restrictive covenants which might affect the development.

(o) 

Accurate existing topography at a contour interval sufficient to determine compliance with Township ordinances. An interval of two feet for slopes of less than 15% and five feet for slopes of 15 or more percent is recommended.

1) If less than five new lots are proposed, detailed contours are not required to be shown within areas of 10 or more acres that the plan clearly states shall not be altered as part of the final plan approval.

2) Areas with existing slopes of 15% to 30%, and areas greater than 30%, shall be separately highlighted.

(p) Location and extent of various soil types. DEP group classification for each soil type shall be provided.

(q) Location of initial soil test pits and perc test locations, if applicable. Such tests shall be sufficient in number at the preliminary plan stage to show the general feasibility of the development.

(r) 

Site data, including:

1) Total acreage of subdivision, including adjusted tract area calculations.

2) Number of proposed lots.

3) Lineal feet of new roads.

4) Type of water supply proposed.

5) Type of sewage disposal proposed.

6) Tax number(s).

7) Source of title to the land being subdivided (Deed Book volume and page and Plot Book volume and page, if applicable).

8) Zoning District.

9) Average lot size.

10) Zoning dimensional requirements, including setbacks and applicable bulk and coverage requirements.

11) Minimum principal building setbacks shown for each lot.

12) Driveway locations.

(s) Lot and street layout, lot identification by number system and lot area for each lot or parcel. Street grades and radii.

(t) Location and purpose of proposed easements.

(u) Dimensions of streets, lots, easements and proposed community or public areas or common open space.

(v) Proposed street names or interim names.

(w) A place on the plan for recommendation by the Planning Commission and for approval of the Board of Supervisors, including a space for the date of approval. See Appendix 22-B.

(x) Intersection and driveway sight distances; clear sight triangles.

(y) Evidence of compliance with all requirements of Zoning Ordinance [Chapter 27], the environmental requirements of this chapter, the Stormwater Management Ordinance [Chapter 23] and the Floodplain Ordinance [Chapter 8].

(z) Locations, sizes and dimensions of proposed buildings, other improvements and curbing from lot lines.

(aa) Location of trails, wetlands, steep slopes, waterways, drainage channels and one-hundred-year floodplains that are within 200 feet from the boundaries of the subdivision or land development. Approximate locations of existing principal buildings within 100 feet from the boundaries of the subdivision or land development. These locations may be based upon visual inspection, existing reports or existing mapping, as opposed to an actual survey.

(bb) If wells or septic systems are proposed within the subdivision, then the locations of any well or septic system within 100 feet of the subdivision shall be shown. If the location cannot be determined, then the approximate location shall be shown and labeled as such.

C. For any preliminary plan for a major subdivision, the following supportive documents and information shall be submitted:

(1) Copies of the proposed deed restrictions, protective and restrictive covenants referenced to the drawing.

(2) Proposed offers of dedication and reservation of rights-of-way and land areas with conditions attached.

(3) Certification of central water supply system:

(a) Public. When the subdivision is to be served with water as an extension of an existing established water company or authority system, the applicant shall:

1) Submit four copies of a letter from the water company or authority which states that the company or authority can adequately serve the subdivision.

2) Submit a preliminary plan of the proposed system showing all pertinent features.

(b) Private. When the subdivision is to be served by a central water supply system that does not meet Subsection 4C(3)(a) above.

1) The applicant shall submit a preliminary plan of the proposed system showing all pertinent features.

2) The approval of the subdivision shall be conditioned upon the receipt by the Township of the approval of the system by the appropriate agencies prior to final plan submission.

3) Failure to submit the approval of the system by the appropriate agencies shall render any preliminary plan approval null and void.

4) The Board of Supervisors shall have the authority to approve a proposed central water system, or reject it if it is found to be inadequate based upon review by the Township Engineer.

(4) Certification of a central sewage disposal system:

(a) Public. When the subdivision is to be served by an extension of an existing sewer company or authority system, the applicant shall:

1) Submit four copies of a letter from the company or authority which states that the company or authority can adequately serve the subdivision.

2) Submit a preliminary plan of the proposed sewerage system showing all pertinent features.

3) The Planning Commission and Board of Supervisors shall have the right to review any such preliminary and final plans to determine compliance and compatibility of the same with any Township plans or studies and the overall adequacy of the proposed system.

4) Submit four copies of a completed sewage facilities planning module concurrent with preliminary plan or prior to final plan submission.

5) The approval of the preliminary subdivision shall be conditioned upon the receipt by the Township of the approved sewage planning module.

(b) Private. Private sewerage disposal systems will be considered in conservation subdivisions only when the subdivision is to be served by a central sewage disposal system that does not meet Subsection 4C(4)(a) above:

1) The applicant shall submit a preliminary plan of the sewerage and treatment systems showing all pertinent features and including provisions for long term maintenance of the system either through a maintenance agreement and fund for administration by the affected property owners or dedication to the Stroud Township Sewer Authority.

2) The applicant shall submit four copies of a completed land planning module concurrent with the preliminary plan or prior to final plan submission.

3) The approval of the subdivision shall be conditioned upon the receipt by the Township of the approval of the sewerage and treatment system by the appropriate agencies prior to final plan submission.

4) Failure to submit the approvals of the land planning module and the sewerage and treatment systems by the appropriate agencies shall render any preliminary plan approval null and void.

5) The applicant shall offer for dedication the private sewerage system to the Stroud Township Sewer Authority and provide evidence of acceptance of the offer of dedication and payment of all required fees prior to submission of final map.

6) The Planning Commission and Board of Supervisors shall have the right to review any such preliminary and final plans to determine compliance and compatibility of the same with any Township plans or studies and the overall adequacy of the proposed system.

(5) On-Lot Sewage. When the subdivision is to be served by individual on-lot sewage disposal systems:

(a) The applicant shall submit four copies of a completed land planning module concurrent with the preliminary plan or prior to the final plan submission.

(b) The approval of the subdivision shall be conditioned upon the receipt by the Township of the approval of the land planning module by the appropriate agencies.

(c) Failure to submit the approvals of the land planning module by the appropriate agencies shall render any preliminary plan approval null and void.

(6) No site work including clearing, grubbing or grading, shall occur until after the applicant submits evidence of approval by the County Conservation District of the soil and erosion control plan.

(7) Other Holdings. Map of entire contiguous holdings and all other holdings of the applicant within 2,000 feet, indicating area of proposed subdivision. A sketch plan of proposed road system will be required for any contiguous area not included in the preliminary plan.

(8) Drainage. A preliminary drainage plan and narrative consisting of location, type and character of storm sewers, culverts, natural watercourses, drainage easements, impoundment areas, existing and proposed topographic contours. Such plan shall show the compliance with the applicable Stormwater Management Ordinance [Chapter 23]. Detailed engineering design shall be shown in the final plan submittal. If the applicant commits to not construct any improvements nor conduct grading until after final plan approval, then the Township may defer proof of detailed compliance with the Stormwater Management Ordinance [Chapter 23] until final plan submission. Such commitment shall be in a legally binding form acceptable to the Township Solicitor.

(9) A traffic study if required by § 22-302, Subsection 14, of this chapter or the Zoning Ordinance [Chapter 27].

(10) Certification of boundary closure by a Pennsylvania registered surveyor.

(11) Traffic Plan. A description of how the project relates to recommendations in the Township's Comprehensive Traffic Plan, or its successor document.

(12) Comprehensive Plan. A description of how the project relates to relevant recommendations (policies) in the Township's Comprehensive Plan.

(13) Habitats. A description of whether any "Natural Heritage Areas," as designated by the Nature Conservancy, overlap the land area of the submittal. This information is available from the Township Office or the Monroe County Planning Commission. If a Natural Heritage Area is involved, then its description in the Natural Heritage Areas report shall be photocopied and submitted.

(14) An environmental impact study shall be submitted if required by another Township ordinance.

(15) A preliminary fiscal impact evaluation, projecting the estimated tax revenues and expenditures to the Township and School District from the development, will be submitted by the Monroe County Planning Commission as part of their review. A complete fiscal impact study, prepared in accordance with § 27-707, Subsection 3D, of the Zoning Ordinance [Chapter 27], shall be required if a project will eventually involve over 25 new dwelling units or over 100,000 square feet of nonresidential building floor area or that results in a net revenue loss to the Township.

(16) Notice to Neighbors. The applicant shall provide a written notice to the last known name and address of all property-owners contiguous to the subject property or across the street of the boundaries of the project. This notice shall state the type of development, number of housing units proposed and describe the location of the project and include a reduced copy to the proposed site plan. The notice shall also list the phone number of the Township offices for residents to call with questions. The applicant or his/her representative shall provide a signed written statement certifying that the notices were mailed or delivered as well as a copy of the notice as mailed.

(17) Erosion Control. Prior to the start of any construction or earth moving, soil erosion and sedimentation control plans shall be found acceptable in writing by the County Conservation District. A copy of the approval shall be received by the Township prior to the start of such activities.

(18) Hazards. Known hazardous site conditions, such as former landfills, sinkholes, underground storage tanks and uncapped wells shall be identified on the plan. The Planning Administrator may require the submittal of a Phase I Environmental Site Assessment if redevelopment is proposed on a site of over one acre that formerly had a nonresidential use.

(19) Sight Distance. If any new street or driveway is proposed onto a public road, the applicant shall present calculations showing that the street or driveway will meet minimum requirements for sight distances. This information is required at the preliminary plan stage to show the feasibility of the plan.

(20) Water Study. If any activity will involve the withdrawal from groundwater or springs of more than 10,000 gallons per day of water, the applicant shall submit a hydrogeologic study. This study shall be prepared by a qualified professional. This study shall explain whether the withdrawal will have a negative impact on nearby uses. This study shall also describe any mitigating measures that the applicant agrees to institute, such as reducing water usage during dry conditions or measures to increase groundwater recharge. This requirement shall not apply to uses connected to a municipal central water supply system.

(21) A notice and project location map sent by the applicant to the Pennsylvania Historical and Museum Commission to ask for input concerning any known archeological and historic resources on the site.

(22) A notice and project location map sent by the applicant to office administering the Pennsylvania Natural Diversity Index to ask for input concerning any known rare, threatened or endangered species on the site. (Note-most of this information is available through the County's Natural Areas Inventory.)

(23) An open space management plan for any subdivision or land development where the conservation design process is used.

D. Conservation Design Process. As part of either the sketch plan process or the preliminary plan process for a major subdivision or land development, that involves over three acres of land for a nonresidential project, or six or more dwelling units and over three acres of land for a residential project, the applicant shall demonstrate to the Planning Commission that the following four-step design process was used in determining the layout Greenway lands, proposed development and lot lines.

(1) Conservation design is intended to identify and preserve significant natural and cultural features of the property for preservation, ensuring that development of the site properly relates to the unique features of the land and it's setting. This process works best when combined with the open space/cluster housing options that are offered in the Township Zoning Ordinance [Chapter 27], because it allows flexibility in the placement of homes and lot lines.

(2) Applicants are strongly encouraged to demonstrate compliance with this process as part of the sketch plan review, to avoid delays in the preliminary plan reviews. Submittal at the sketch plan stage will greatly increase the likelihood that issues will be able to be resolved in time to meet a standard ninety-day time clock for approval of a preliminary plan, without needing time extensions.

(3) Step 1. Delineation of Greenway Lands. Location of significant natural features for potential protection is the first step in conservation design. Information required in Subsection 4B(1), (the existing resources and site analysis plan) shall be used in this analysis. The Planning Commission or Board of Supervisors may require, for cause, the identification of known additional resources beyond those identified by the applicant.

(a) Primary Conservation Areas. A plan shall be prepared and submitted to show areas which are required for preservation, including, but not limited to, wetlands, floodplains and slopes of 30% and greater. These areas are known as "Primary Conservation Areas" and are required to be included in the greenway lands. The location and boundaries of the Primary Conservation Areas shall follow the actual boundaries of floodplains, wetlands and slopes.

Source of Sketches. Growing Greener Workbook by Randall Arendt and the Natural Lands Trust, sponsored by the Pennsylvania Department of Conservation and Natural Resources.

(b) Secondary Conservation Areas. The applicant shall identify and prioritize all remaining natural and cultural resources on the site and slopes between 15% and 30%. The resources shall be located and ranked from most to least suitable for inclusion in the proposed greenway lands, according to the requirements of § 22-309, Subsection 16, (Greenway Design Standards) and in consultation with the Planning Commission and Board of Supervisors. The Secondary Conservation Areas shall be delineated to: (a) confirm the minimum area requirements for greenway lands as stated in the Zoning Ordinance [Chapter 27], (b) clearly indicate their boundaries and (c) identify the resources included therein. In establishing priorities, consideration shall be given to comments by the Township during and after the site inspection and pre-sketch plan conference.

(c) Greenway Lands. The total greenway land requirement includes all of the Primary Conservation Area and the additional minimum acreage requirements, consisting of Secondary Conservation Areas, calculated according to Zoning Ordinance [Chapter 27] requirements.

(d) Stormwater and Wastewater Management Facilities. Preferred locations for stormwater and wastewater management facilities shall be identified using the existing resources and site analysis plan as a base map.

1) The design of these facilities should strive to use the natural capacity and features of the site to facilitate the management of stormwater and wastewater generated by the proposal.

2) Opportunities to use these facilities as a buffer between the proposed greenway land and development areas are encouraged.

3) Stormwater management facilities should be located in areas identified as groundwater recharge areas.

4) Wastewater facilities shall comply with the requirements of Zoning Ordinance [Chapter 27], the Township Sewage Facilities Plan, and PA DEP regulations.

5) These facilities located within the greenway land may be counted toward the minimum greenway land requirement only if they meet the requirements of § 27-502, Subsection F(8), of the Township Zoning Ordinance [Chapter 27].

(e) Potential Development Areas. Areas located outside of the greenway areas constitute the potential development area. This area shall be so delineated on the existing resources and site analysis plan. The applicant should be guided by recommendations provided by the Township following the site inspection and pre-sketch plan meetings in designing the configuration of these areas.

Step 2

(4) Location of Development Sites. The approximate proposed locations of new homes or other structures should then be selected and located on the site map within the potential development area(s). It is recognized that where on-lot septic systems are used suitability of the system location needs to influence these choices. It is also recognized that some intrusions into the Secondary Conservation Areas may be necessary to allow reasonable uses of the land. In general, house sites should maintain a one-hundred-foot minimum distance from Primary Conservation Areas and 50 feet from Secondary Conservation Areas. These home sites can also be selected to maximize views, including views into the Conservation Areas.

Step 3

(5) Layout of Streets, Trails and Other Required Facilities. An efficient street layout shall then be designed to serve the appropriate home and development sites, with minimal impact on the identified conservation areas. Trails should also be considered to link together common open spaces, clusters of homes and other destinations (such as nearby stores, parks and schools). (Trail standards are provided in § 22-306). Any common open space shall meet the requirements for such in § 22-307 and shall be identified on the site plan. This required common open space is separate from but may be located in the required greenway land. Where allowed by zoning, homes should be clustered together to minimize impacts on wetlands and eliminate or reduce creek crossings.

Step 4

(6) Drawing the Lot Lines. Lot lines should then be drawn on the site plan to delineate the proposed boundaries for each development or home site. Once this sketch is prepared, then more detailed engineering should be completed.

Applicants shall submit four separate sketch maps indicating findings of each step of the design process.

5. Action on Preliminary Plan. The Planning Commission shall review the preliminary plan, while allowing sufficient time for action by the Board of Supervisors in accordance with state law. In most cases, the Planning Commission review is intended to be completed within 60 days after the official plan submission date. The Planning Commission may conduct a site inspection of the proposed subdivision prior to taking action upon the preliminary plan application.

A. The Township will consider all comments from outside reviewing agencies prior to approval of the preliminary plan.

B. After such review, the Planning Commission and Township staff shall determine the extent to which the plan complies with this chapter and shall recommend to the Board of Supervisors that the plan be approved, that it be approved with conditions, or rejected.

C. The Board of Supervisors shall then take final action on the plan and provide notification to the applicant within the time limits of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., unless the applicant provides a written time extension.

D. Any approval by the Board of Supervisors of a preliminary plan shall be subject to a guarantee of the installation of improvements as provided in § 22-207, and subject to approval of an acceptable final plan.

E. Phases/Stages. See §§ 22-204, Subsection 2C, and 22-207, Subsection 2B.

§ 22-204 Submission of a Final Major Subdivision Plan.

[Ord. 2003-1, 1/27/2003, § 2.400]

1. Submission of a final plan is required for all major subdivisions by this chapter. The submission requirements in § 22-201 shall apply, including deadlines for submittals. All final major subdivision plans submitted for approval shall be consistent with the approved preliminary plan and all conditions of approval. The final plan shall meet the requirements outlined in the following subsections:

2. Conformance With Preliminary Plan; Time Limit.

A. Conformance with Preliminary Plan. The final major subdivision plan shall conform in all substantive aspects of the preliminary plan as previously approved by the Township and shall incorporate all modifications as required by the Board of Supervisors in its approval of the preliminary plan. If the Planning Commission determines that the final plan substantially varies from the preliminary plan in a manner that may be contrary to the public interest, then the Planning Commission may classify the submittal as a new preliminary plan and require processing and approval under § 22-203.

B. Time Limit. If a final plan is not submitted within five years after the date of the preliminary plan approval, the preliminary plan approval shall be null and void. Extension of time may be granted by the Board of Supervisors only in such circumstances as provided for in the Pennsylvanian Municipalities Planning Code, 53 P.S. § 10101 et seq.

C. Staging. The Board of Supervisors may permit submission of the final major subdivision plan in sections or stages, each covering a portion of the entire proposed subdivision as shown on the previously approved preliminary subdivision plan. When a final major subdivision plan is proposed to be submitted in sections or stages, a proposed layout of the sections or stages, their boundaries and the order, including the approximate date of their submission, shall be submitted to the Township with or prior to the final plan submission for the first section or stage.

(1) Each section or stage of a final major subdivision plan, except for the last section or stage, shall contain a minimum of 25% of the total number of lots as depicted on the preliminary plan. A lesser percentage may be approved by the Board of Supervisors at its discretion.

(2) The applicant shall demonstrate that each stage will be able to properly function and comply with Township ordinances if later stages are not completed. This shall include, but not be limited to, showing that there will be sufficient access, functional utilities, adequate stormwater management, and sufficient open space as part of each stage.

(3) See also § 22-207, Subsection 2B.

3. Number of Copies to be Submitted. The submission of the final major subdivision plan shall be comprised of the following, unless the Planning Administrator pre-approves a lesser number of copies:

A. Fifteen copies of a completed and signed subdivision plan review application.

B. Fifteen legible paper prints of the final major subdivision plan which shall fully comply with the requirements of this section.

C. Three copies of the sewerage facilities planning module as approved by the Pennsylvania Department of Environmental Protection.

D. Three copies of a complete and adequate stormwater management plan which shall comply with § 22-308 and the Stroud Township Stormwater Management Ord. 186 and Ord. 201 [Chapter 23], as amended.

The applicant shall separate the submission into packets as set forth in § 22-204, Subsection 4, and label the recipient, for distribution by the Township. All maps shall be folded prior to submittal.

4. Distribution of a Final Major Subdivision Plan. The Township staff shall, after all fees are paid, refer the submitted items as listed below:

A. Township Planning Commission. Two copies of each of the items listed in Subsections 3A, B, C and D.

B. Township Planning Commission members. One copy of each of the items listed in Subsections 3A and B to each individual Planning Commission member.

C. Township Planning Commission Solicitor. One copy of each of the items listed in Subsections 3A and B.

D. Township Engineer. One copy of each of the items listed in Subsections 3A, B, C and D.

E. Township Supervisors. One copy of each of the items listed in Subsections 3A and B.

F. Township Solicitor. One copy of each of the items listed in Subsections 3A and B.

G. Postal Service. The applicant shall provide evidence that they have contacted the local postmaster to have the proposed street names approved (avoiding conflicts with existing street names) and to have street addresses assigned.

5. Final Plan Requirements for Major Subdivisions.

A. Final plans for major subdivisions shall be drawn at a scale of one inch equals 50 feet (or other standard scale pre-approved by the Township staff) and shall legibly and accurately show all bearings, distances and other information. Final plan shall be consistent with the approved preliminary plan and all of the conditions of approval. If the subdivision layout plan covers more than one sheet, then the entire subdivision layout shall also be shown on a single sheet at whatever scale is necessary. Plans shall be prepared on a standard sheet of 24 inches by 36 inches, except when the Township staff approves other size plans.

B. Final plans for major subdivisions shall show:

(1) Name of proposed subdivision or land development.

(2) Landowner and applicant names and addresses, including names and addresses of corporation officers and major stockholders, if applicable.

(3) Location map at a minimum scale of one inch equals 1,000 feet showing major roads, watercourses, points of interest and municipal boundaries within 1,000 feet.

(4) North arrow, true or magnetic.

(5) Graphic scale.

(6) Name and address of plan preparer and date of preparation, and dates of subsequent revisions.

(7) Tract boundaries with bearings in degrees, minutes and seconds and distances in feet and hundredths of a foot. These boundaries shall be determined by accurate field survey, closed with an error not to exceed one in 5,000 and balanced.

(8) Excepted parcels or sections shall be marked "not included in this plot" and their boundary completely indicated by bearings and distances.

(9) Names of adjoining property owners including those across adjacent roads.

(10) Proposed and existing street and lot layout on immediately adjacent tracts, including road names, numbers and right-of-way widths.

(11) Locations and names, if any, of existing man-made and natural features including, but not limited to:

(a) Watercourses and lakes.

(b) Wetlands. A wetland delineation report prepared by a qualified professional or an Army Corps of Engineers Jurisdictional Determination shall be submitted, or a note shall be submitted on the plan indicating that wetlands are not present on the property.

(c) Buffers around lakes, ponds and wetlands. (See § 27-606 of Zoning Ordinance [Chapter 27].)

(d) Rock outcrops and stone fields.

(e) Buildings and structures.

(f) Wooded areas and tree masses, with areas proposed for removal and areas proposed for protection clearly designated. See requirements of the Zoning Ordinance [Chapter 27].

(12) Locations of one-hundred-year flood zones, and one-hundred-year floodplain elevations if applicable. If a flood-prone watercourse is within the subdivision or land development and was not included in the official Federal Floodplain mapping, then the Township may require the applicant to provide a study delineating the extent of the one-hundred-year floodplain. If a subdivision or land development includes more than 50 lots or five acres, and it includes any areas shown as "Zone A" or "Approximated Floodplain" on the official Federal Floodplain Map, then a professional study shall be submitted by the applicant to determine the base flood elevation.

(13) Location and description of any historic sites and/or structures.

(14) Location, purpose and nature of any existing right-of-way or other easement and any restrictive covenants that might affect the development.

(15) Accurate existing topography at a contour interval sufficient to determine compliance with Township ordinances. An interval of two feet for slopes of less than 15% and five feet for slopes of 15 or more percent is recommended. Detailed contours are not required to be shown within areas of 10 or more acres that the Plan clearly states shall not be altered as part of the final plan approval areas with existing slopes of 15% to 30%, and areas greater than 30%, shall be highlighted separately.

(16) Location and extent of various soil types. DEP group classification for each soil type shall be provided.

(17) Location of soil test pits and percolation test locations, if applicable. See § 22-305, Subsection 3.

(18) Site data, including:

(a) Total acreage of subdivision.

(b) Number of proposed lots.

(c) Lineal feet of new roads.

(d) Type of water supply proposed.

(e) Type of sewage disposal proposed.

(f) Tax number(s).

(g) Source of title to the land being subdivided (Deed Book volume and page and Plot Book volume and page, if applicable).

(h) Zoning district.

(19) Location, width and purpose of proposed easements, utilities and improvements.

(20) Street lines and names, lot lines, rights-of-way, easements, community or public areas, common open spaces and areas to be dedicated. Clear sight triangles and corner sight distances at all intersections and driveways.

(21) Sufficient bearings, lengths of lines, radius, arc lengths, street widths, rights-of-way and easement widths, of all lots, streets, rights-of-way, easements and community or public areas, to accurately and completely reproduce each and every course on the ground. All dimensions shall be in feet and hundredths of a foot. All bearings shall be to the nearest one second of an arc.

(22) Lot identification by number system.

(23) Area of each lot in square feet or acres. Lot area shall be stated as both total lot area and net lot area after deleting over 30% slopes, one-hundred-year floodplain and wetland areas.

(24) Location and type of permanent monuments and markers that have been set in place, and proposed monuments/markers.

(25) Building setback lines for each lot.

(26) The intended locations of wells and primary and alternate septic systems. Evidence shall be provided that the proposed septic system locations would be able to meet separation distances required under state regulations.

(27) A place on the plan for recommendation by the Planning Commission and for approval of the Board of Supervisors, including a space for date of approval. See Appendix 22-B.

(28) The plans shall include the seal and signature of the professional engineer or registered surveyor responsible for the preparation of the plan. A seal of a registered landscape architect may be used for matters authorized under state law. A seal of a registered surveyor shall be required for the creation of any new lot. An original seal and signature shall be included on at least one paper copy of the plans and any revisions, which shall be marked "Township File Copy."

(29) Evidence of compliance with the Zoning Ordinance [Chapter 27] and development-related requirements of Township ordinances, including, but not limited to:

(a) Zoning Ordinance [Chapter 27] — § 27-606, Subsection 4, regarding steep slopes, § 27-606, Subsection 5, regarding forest conservation, § 27-606, Subsection 6, regarding buffers around lakes, ponds and wetlands.

(b) Zoning Ordinance [Chapter 27] — sizes, heights and locations of proposed signs.

(c) SALDO: § 22-309, Subsection 8, regarding steep slopes, § 22-309, Subsection 9, regarding wetlands.

(d) Stormwater Management Ordinance [Chapter 23].

(e) Floodplain Ordinance [Chapter 8].

(30) Locations, sizes and dimensions of proposed buildings, other improvements and curbing from lot lines.

(31) Approximate location of wetlands, steep slopes, waterways, drainage channels and one-hundred-year floodplains that are within 200 feet of the subdivision or land development. These locations may be based upon visual inspection, existing reports or existing mapping, as opposed to an actual survey.

(32) If applicable, proposed outdoor trash dumpster locations, and proposed screening.

(33) Existing and proposed trails and pathways.

C. For any final plan for a major subdivision, the following items shall be shown or described:

(1) Protective covenants for utility, drainage, corner lot sight and slope easements.

(2) The following statements, as applicable, or similar alternative wording acceptable to the Township:

(a) "Well and sewage disposal systems shall be constructed in accordance with the standards of the Pennsylvania Department of Environmental Protection."

(b) "Individual owners of lots must have a valid sewage permit from the Township prior to undertaking the construction of an on-lot sewage disposal system or principal building."

(c) "Stroud Township has not determined the feasibility of any individual lot or location within a lot for a well or sewage disposal system."

(d) "A highway occupancy permit from the Pennsylvania Department of Transportation under the State Highway Act, 36 P.S. § 670-101 et seq., as amended, shall be required before any new or intensified vehicle access is allowed onto a state road. A utility access permit from the Pennsylvania Department of Transportation shall be required for any utility work within a state right-of-way."

(3) A statement of the projected traffic volume to be generated by the development, as computed using the latest edition of the Institute of Transportation Engineering's Trip Generation Manual.

(4) Certification from the applicant that the title and all street rights-of-way, easements and other lands offered for dedication or transfer to the Township are free and clear of all encumbrances and liens and that no prior conflicting rights-of-way or easements have been granted.

(5) Stormwater calculations in accordance with the applicable Township Stormwater Management Ordinance [Chapter 23].

(6) Construction details, including, but not limited to, the following, as applicable:

(a) Street construction.

(b) Landscaping.

(c) Stormwater improvements.

(d) Outdoor lighting.

(e) Water improvements.

(f) Sanitary sewage improvements.

(g) Curbing.

(h) Sidewalks.

(i) Bicycle/walking paths.

(j) Street/shoulder/turn lane striping.

(k) Highway and street signage.

(7) The Planning Administrator may require an applicant to prepare a proposed amendment to the Township Emergency Operations Plan if a project will represent a public health or safety hazard.

(8) Erosion Control. A soil erosion and sedimentation control plan shall be submitted to the Township with the final plan and to the County Conservation District. Prior to the start of any construction or earth moving, soil erosion and sedimentation control plans shall be found acceptable in writing by the County Conservation District. The Township, prior to the start of such activities, shall receive a copy of the approval.

(9) O-1 District. For any new lots within the O-1 Zoning District, the applicant shall add the following note on each deed, or similar text pre-approved by the Township Solicitor:

"All purchasers of property are hereby notified that this lot is located within a zoning district established by Stroud Township that is primarily intended to provide for agricultural and open space uses and outdoor recreation uses, and not residential development. Therefore, residents should expect to experience the impacts of routine agricultural practices and outdoor recreational activities."

(10) Final profiles, cross-sections and specifications for street improvements.

(11) Final plans of drainage, storm sewer, sanitary sewer and water distribution system.

(12) Approval by the appropriate agencies for the water supply, sewage, and stormwater runoff.

(13) Input from the Stroudsburg Area School District transportation coordinator and Monroe County Transportation Authority on possible bus stop locations.

(14) For conservation design subdivisions, the following shall be submitted:

(a) Conservation easements or other restrictive covenants to protect the greenway lands.

(b) Homeowners' association documents, where applicable.

(c) Offers of dedication for ownership and management of open space and greenway lands.

(d) Management plans for greenway lands and open space.

D. For any final plan for a major subdivision, the following note shall be shown, if applicable:

"All roads shall remain private, not open to public travel, and shall not in the future be offered for dedication to Stroud Township by the subdivider, heirs, successors or assigns, unless all requirements of the Township have been installed."

E. Record Plan. See Subsection 7.

6. Action on Final Plan.

A. See Subsection 1 concerning consistency between the preliminary and final plan.

B. Planning Commission. After the final plan has been reviewed, the Planning Commission shall recommend to the Board of Supervisors whether the final plan be approved, conditionally approved or disapproved. Such recommendation shall occur in a timely manner that provides sufficient time for a decision by the Board of Supervisors within the time limits of state law. In most cases, the Planning Commission recommendation is intended to occur within 60 days after the date of the meeting where the submission was officially accepted.

C. Supervisors. The Board of Supervisors shall approve, conditionally approve or disapprove the final plan within the time limits established by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., unless a written extension of time is provided by the applicant. (Note-in most cases, this is intended to be a maximum of 90 days after the meeting where the regular Planning Commission after the submission was officially accepted.)

D. Approval. Upon the approval of the Board of Supervisors, it shall enter the approval in writing upon the final plan along with the signatures of the Board Chairman and the Board Secretary and the date. The Township may delay signing a plan until conditions are met.

(1) Dedication. The approval of the final plan by the Board of Supervisors shall not constitute an acceptance of the dedication of any street or other proposed public way, space or area shown on said plan. Any such acceptance shall be specifically stated along with the signatures required above.

(2) Rejection. When the application is rejected, the decision shall specify defects found in the application and describe the requirements that have not been met and shall cite the provisions of the statute or ordinance relied upon.

E. Notice. The Township shall communicate the Board of Supervisors' decision in conformance with state law, unless the applicant has agreed in writing to an extension of time or a change in the manner of notification. (Note — it is generally intended to be that the applicant be notified not later than 15 days following the decision.)

F. Phasing of Approvals. See § 22-203, Subsection 5E.

G. Timing of Improvements. A legally binding agreement shall ensure that streets are properly graded and improved so as to be passable prior to occupancy of housing units that need to be served by those streets. A legally binding agreement shall also ensure that fire hydrants, water facilities and sewage facilities are completed prior to occupancy of housing units that need to be served by those improvements.

7. Recording of the Final Plan.

A. Conditions. A final plan shall not be recorded until the Township has determined that the applicant has met all conditions of the approval that need to be satisfied prior to recording.

B. Print. The plan for recording shall be a clear legible reproducible on "Mylar film" or comparable quality material, unless the Township staff and Recorder of Deeds Office pre-approve another form of submittal. A Mylar print shall also be provided for Township files, which should also include signatures.

C. Time Limit. Upon the approval of a final plan, the applicant shall, within 90 days of such final approval, or 90 days after the date of delivery of an approved signed plan, following the completion of conditions imposed upon the final approval, whichever is later, record such plan in the Office of the Recorder of Deeds of Monroe County. Any approved subdivision plans not recorded in accordance with this section shall become null and void. The Board of Supervisors may extend the time periods of this section in writing for good cause.

D. Receipt. The applicant shall provide a written receipt of the recording to the Township, which shall be provided within seven days afterwards. The Township may withhold the issuance of related permits until such receipt is provided.

§ 22-205 Submission of a Minor Subdivision Plan.

[Ord. 2003-1, 1/27/2003, § 2.500]

1. Submission of a final plan for all minor subdivisions is required by this chapter. A preliminary plan submittal is not required for a minor subdivision. See additional submission requirements in § 22-201, including deadlines for submittals. All drawings and plans shall be folded. All minor subdivision plans submitted for approval shall meet the requirements outlined in the following sections:

2. Number of Copies to Be Submitted. The submission of the minor subdivision plan shall be comprised of the following, in addition to one copy of each item submitted by the applicant to the County Planning Commission:

A. Fifteen copies of a completed and signed subdivision plan review application.

B. Fifteen copies of each request for a modification of regulations. See § 22-102.

C. Fifteen legible paper prints of the minor subdivision plan, in compliance with the requirements of this section of this chapter.

D. Three copies of all other required supporting data and information, including but not limited to the following:

(1) Three copies of the existing and proposed center line profiles of all streets.

(2) Five copies of the latest deed(s) of record for the plan property.

(3) Three copies of the appropriate Pennsylvania Department of Environmental Protection land planning module found adequate and signed by the Township Sewage Enforcement Officer (where applicable).

E. Submittal to county. The applicant shall provide the Township with a receipt showing that one copy of each plan and each of the above items were submitted by the applicant to the County Planning Commission. The applicant shall also provide a receipt to the Township that the appropriate County Planning Commission fee was paid, payable to the County of Monroe.

(1) Such plans and fee shall be submitted to the County Planning Commission prior to the submittal to the Township.

(2) See provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., regarding the time period needed for county review.

F. The applicant shall separate the submission into packets as set forth in Subsection 3 and label the recipient of each packet, for distribution by the Township.

3. Distribution of a Minor Subdivision Plan. The Township staff shall, after all fees are paid, refer the submitted items as listed below:

A. Township Planning Commission. Two copies of each of the items listed in Subsections 2A, B, C and D.

B. Township Planning Commission members. One copy of each of the items listed in Subsections 2A, B and C.

C. Township Planning Commission Solicitor. One copy of each of the items listed in Subsections 2A, B, C and D(2).

D. Township Engineer. One copy of each of the items listed in Subsections 2A, B, C and D.

E. Township Supervisors. One copy of each of the items listed in Subsections 2A, B and C.

F. Township Solicitor. One copy of each of the items listed in Subsections 2A, B, C, and D(2).

4. Plan Requirements for Minor Subdivision.

A. Plans for minor subdivisions shall be drawn at a scale of one inch equals 50 feet (or other scale pre-approved by the Township staff or Township Engineer) and be legibly and accurately presented. One inch equals 100 feet may be found acceptable on unusually large sites with proposed lot sizes over one acre. Plans shall be in conformance with requirements for final plans for major subdivisions as set forth in § 22-204, Subsection 5A.

B. A minor subdivision plan shall show the following, at a minimum.

(1) Name of proposed subdivision or land development.

(2) Landowner and applicant names and addresses, including names and addresses of corporation officers and major stockholders, if applicable.

(3) Location map at a minimum scale of one inch equals 1,000 feet showing major roads, watercourses, points of interest and Township boundaries within 1,000 feet.

(4) North arrow, true or magnetic.

(5) Graphic scale.

(6) Name and address of plan preparer and date.

(7) A plat of the area proposed to be subdivided, including tract boundaries, street lines, names and numbers, lot lines, rights-of-way or easements (existing or proposed, if any).

(8) Sufficient data, acceptable to the Engineer, to determine readily the location, bearing and length of every boundary, street and lot line (based upon an accurate field survey, closed with an error not to exceed one in 5,000 and balanced). All dimensions shall be shown in feet and hundredths of a foot with all bearings shown to the nearest one second of an arc.

(9) Names of adjoining property owners including those across adjacent roads.

(10) Locations and names, if any, of existing man-made and natural features including but not limited to:

(a) Watercourses and lakes.

(b) Wetlands (with source of delineation), or statement that wetlands do not exist.

(c) Buffers around lakes, ponds and wetlands. (See § 27-606 of Zoning Ordinance [Chapter 27].)

(d) Rock outcrops and stone fields.

(e) Buildings and structures.

(f) Wooded areas and tree masses and information required by tree protection requirements of Zoning Ordinance [Chapter 27].

(11) Locations of one-hundred-year flood zones, and one-hundred-year floodplain elevations if available.

(12) Location and description of any registered historic sites and/or structures.

(13) Location, purpose and nature of any existing right-of-way or other easement and any restrictive covenants that might affect the development.

(14) Existing topography including contour lines at an interval of not more than 20 feet as accurately superimposed from the latest U.S.G.S. Quadrangle map. In the event contour lines at a closer interval are available, such contours shall be shown. Areas of 15% to 30% and greater than 30% existing slope shall be highlighted.

(15) Location and extent of various soil types. The DEP group classification for each soil type shall be provided where on lot or in-ground sewage disposal systems are proposed.

(16) Location of soil test pits and pert test locations, if applicable. See § 22-305.

(17) The recommended areas for location of wells and primary and alternate subsurface disposal systems, if applicable. Evidence shall be provided that the locations would meet separation distances required under State DEP regulations.

(18) Site data, including:

(a) Total acreage of subdivision.

(b) Number of proposed lots.

(c) Lineal feet of new roads.

(d) Type of water supply proposed.

(e) Type of sewage disposal proposed.

(f) Tax number(s).

(g) Source of title to the land being subdivided (Deed Book volume and page and Plot Book volume and page, if applicable).

(h) Zoning district, including required setbacks and applicable bulk and coverage control requirements.

(19) Lot identification by number system.

(20) Area of each lot in square feet or acres. Lot area shall be stated as both total lot area and net lot area after deleting over 30% slopes, one-hundred-year floodplain and wetland areas.

(21) Location, width and purpose of proposed easements, utilities and improvements.

(22) Existing and proposed reference monuments and/or lot markers shall be shown on the plan and shall be placed in accordance with § 22-309, Subsection 5.

(23) A place on the plan for recommendation by the Planning Commission and for approval of the Board of Supervisors, including a space for the date of approval. See Appendix 22-B.

(24) Seal and signature of the plan preparer. A certification by a registered surveyor is required if a new lot is proposed.

(25) Locations, sizes and dimensions of proposed buildings, other improvements and curbing from lot lines.

(26) Approximate location of wetlands, steep slopes, waterways, drainage channels and one-hundred-year floodplains that are within 200 feet of the subdivision or land development. These locations may be based upon visual inspection, existing reports or existing mapping, as opposed to an actual survey.

(27) If wells or septic systems are proposed within the subdivision, then the locations of any well or septic system within 100 feet of the subdivision shall be shown. If the location cannot be determined, then the approximate location shall be shown and labeled as such.

C. A minor subdivision plan shall show or be accompanied by the following:

(1) The latest U.S.G.S. Quadrangle Map or portion thereof with the perimeter of the development plotted thereon to scale.

(2) A sketch to an appropriate scale, on one sheet, covering the entire tract showing the location of the area to be subdivided together with a sketch of any proposed roads to demonstrate that the proposed subdivision provides for the orderly development of any residual lands and/or does not adversely affect the residual lands.

(3) Certification from the applicant that the title and all street rights-of-way, easements and other lands offered for dedication or transfer to the Township are free and clear of all encumbrances and liens and that no prior conflicting rights-of-way or easements have been granted.

D. The following shall be stated on the plan, or alternative wording approved by the Township:

(1) "This plan is subject to all requirements and restrictions as set forth in both the Subdivision and Land Development Ordinance [Chapter 22], Stormwater Management Ordinance [Chapter 23], Floodplain Ordinance [Chapter 8] and Zoning Ordinance [Chapter 27]."

(2) In the event the subdivision incorporates a street or shared accessway that the Township has not agreed to accept as a public street, the following notation shall be stated, or alternative wording acceptable to the Township: "The improvement and maintenance of the street shall be the sole responsibility of those persons benefitting by the use thereof."

(3) In the event the subdivision qualifies as a merger of lots under the definition of minor subdivision in this chapter, the following statement shall be provided, or alternative wording acceptable to the Township: "Lot Number __________ shall be joined to and become an inseparable part of lands of (Grantee) as recorded in Deed Book volume _____, page _____, and can not be subdivided or sold separately or apart there from without Township approval."

(4) Specific restrictions or covenants, which the Board of Supervisors deem necessary and appropriate.

(5) Protective covenants for corner lot sight easements (if applicable).

(6) Protective covenants for utility, drainage and slope easements.

(7) The following statements, as applicable, or similar alternative wording acceptable to the Township:

(a) "All well and sewage disposal systems shall be constructed in accordance with the standards of the Pennsylvania Department of Environmental Protection."

(b) "Individual owners of lots must have a valid sewage permit from the Township prior to undertaking the construction of an on-lot sewage disposal system or principal building."

(c) "Stroud Township has not determined the feasibility of any individual lot or location within a lot for a well or sewage disposal system."

(d) "A highway occupancy permit shall be required before new or intensified vehicle access is allowed onto any public right-of-way, in compliance with the State Highway Law, 36 P.S. § 670-101 et seq., as amended. A utility occupancy permit shall be required before any utility work is conducted within the public right-of-way."

E. In the event the subdivision incorporates a private access street, as defined in this chapter, which serves as access to a parcel which could legally be further subdivided or improved with more than two dwelling units, then the design of such street shall conform to the requirements set forth in § 22-302. Typical cross-sections shall be submitted for all private access streets, the design of which shall be adequate for the anticipated traffic. The Planning Commission may, at its discretion, require that center line profiles, together with all vertical curve data, be submitted.

F. Erosion Control. The Planning Administrator may require that a soil erosion and sedimentation control plan be submitted to the Township with the plan and to the County Conservation District. Prior to the start of any construction or earth moving, soil erosion and sedimentation control plans shall be found acceptable in writing by the County Conservation District. A copy of the approval shall be received by the Township prior to the start of such activities.

5. Action on Minor Subdivision Plan.

A. Site Review. The Planning Commission may conduct a site inspection of the proposed minor subdivision prior to taking action upon the plan application.

B. Commission Review. After the minor subdivision plan has been reviewed, the Planning Commission shall recommend to the Board of Supervisors whether the plan be approved, conditionally approved or disapproved. Such recommendation shall occur in a timely manner that provides sufficient time for a decision by the Board of Supervisors within the time limits of state law. (Note-in most cases, the Planning Commission recommendation is intended to occur within 60 days after the date of the regular Planning Commission meeting after the submission was officially accepted.)

C. Supervisors Action. The Board of Supervisors shall approve, conditionally approve or disapprove the plan within the time limits established by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., unless a written extension is provided by the applicant. (Note-in most cases, this is intended to be a maximum of 90 days after the regular Planning Commission meeting after the submission was officially accepted.)

D. Approval. Upon the approval of the Board of Supervisors, it shall enter the approval in writing upon the final plan along with the signatures of the Board Chairman and the Board Secretary and the date.

(1) The approval of the plan by the Board of Supervisors shall not constitute an acceptance of the dedication of any street or other proposed public way, space or area shown on said plan. Any such acceptance shall be specifically stated along with the signatures required above.

(2) When the application is rejected, the decision shall specify defects found in the application and describe the requirements which have not been met and shall cite the provisions of the statute or ordinance relied upon.

E. Notice. The Township shall communicate the Board of Supervisors' decision in conformance with state law, unless the applicant has agreed in writing to an extension of time or a change in the manner of notification. (Note — such notice is intended to be communicated to the applicant not later than 15 days following the decision.)

6. Recording of Minor Subdivision Plan. Section 22-204, Subsection 7, shall apply for a minor subdivision plan.

§ 22-206 Submission of a Land Development Plan.

[Ord. 2003-1, 1/27/2003, § 2.600]

1. Submission of a final plan for all land developments is required by this chapter. See additional submission requirements in § 22-201, including deadlines for submissions. A preliminary plan is not required unless the land development would also meet the definition of a major subdivision.

A. Conservation Design Development. The provisions of § 22-203, Subsection 4D, shall also apply to a land development.

All land development plans submitted for approval shall meet the requirements outlined in the following subsections:

2. Number of Copies. The submission of a land development plan shall be comprised of the following, in addition to the copies submitted by the applicant to the County Planning Commission. All maps shall be folded prior to submittal:

A. Seventeen copies of a completed and signed land development plan review application.

B. Seventeen copies of each request for a modification of regulations. See § 22-102.

C. Seventeen legible paper prints of the land development plan, which shall fully comply with the requirements of this section of this chapter.

D. Three paper prints of a schematic drawing of any proposed central water supply and distribution system in accordance with § 22-304 of this chapter (when applicable).

E. Three paper prints of a schematic drawing of any proposed central or community sewage collection and disposal system in accordance with § 22-305 of this chapter (when applicable).

F. Four paper prints of existing and proposed center line profiles for all streets and drives drawn in conformance with § 22-302 with typical cross sections for each street and drive.

G. Three copies of a complete and adequate stormwater management plan which, in compliance with § 22-308 and the Stroud Township Stormwater Management Ord. 186 and Ord. 201 [Chapter 23], as amended.

* Note: Subsections 2D through G may be combined onto one or more utilities and public improvements plans.

H. The following items:

(1) Three copies of the latest deed(s) of record for the plan property.

(2) Five copies of any proposed offers of dedication or reservation of rights-of-way or land with specific conditions attached.

(3) Five copies of any proposed special or unusual deed restrictions, protective or restrictive covenants referenced to the development plan or special area of the said plan.

(4) Seventeen copies of any data relating to the plan or to the use of the proposed land development that would be helpful or informative to the Planning Commission in its review.

I. Submittal to county. The applicant shall provide the Township with a receipt showing that two copies of each plan and each of the above items has been submitted by the applicant to the County Planning Commission. The applicant shall also provide a receipt to the Township that the appropriate County Planning Commission fee was paid, payable to the County of Monroe.

(1) Such plans and fee shall be submitted to the County Planning Commission prior to submittal to the Township.

(2) See provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., regarding the time period needed for county review.

J. Packets. The applicant shall separate the submission into packets as set forth in Subsection 3 and label the recipient of each packet, for distribution by the Township.

K. Adjacent Municipalities. If a land development will include land within 1,000 feet of the border of another municipality, a copy of the land development plan shall be provided to the municipal offices of that municipality by the applicant. A dated copy of the transmittal letter shall be provided to the Planning Administrator.

3. Distribution of the Land Development Plan. The Township staff should, after all fees are paid, refer the submitted items as listed below:

A. Township Planning Commission. Two copies of each of the items listed in Subsections 2A through H.

B. Township Planning Commission members. One copy of each of the items listed in Subsections 2A, B, C and H to each individual member.

C. Township Planning Commission Solicitor. One copy of each of the items listed in Subsections 2A, B, C and H.

D. Township Engineer. One copy of each of the items listed in Subsections 2A through H.

E. Township Traffic Consultant. One copy of each of the items listed in Subsections 2A, B, C and F.

F. Board of Supervisors. One copy of each of the items listed in Subsections 2A, B, C and H(4).

G. Township Solicitor. One copy of each of the items listed in Subsections 2A, B, C, H.

H. Park and Recreation Director. One copy of each of the items listed in Subsections 2A, B, and C.

I. Township Fire Department. In addition, one copy of the layout plan and any central water supply plan shall be sent by the applicant to the Township Fire Department to ask for their input.

4. Requirements for Land Development Plans.

A. Land development plans shall be clearly and legibly drawn at a scale of one inch equals 50 feet or other scale pre-approved by the Planning Administrator or Township Engineer. One inch equals 100 feet may be found acceptable on unusually large sites with proposed lot sizes over one acre. Plans shall be prepared on a standard sheet of 24 inches by 36 inches except when the Planning Administrator or Township Engineer pre-approves another size plan. The plan for recording shall be a clear legible reproducible original or print on "Mylar" or comparable quality material or other format pre-approved by the Township staff.

B. Land development plans shall show:

(1) Proposed land development name.

(2) Landowner and applicant names and addresses, including names and addresses of corporation officers and major stockholders, if applicable.

(3) Location map at a scale no smaller than one inch equals 400 feet showing major roads, adjacent roads, mad names, watercourses, points of interest and Township boundaries within 1,000 feet. The location map should be at least six inches by six inches in size.

(4) North arrow, true or magnetic.

(5) Graphic scale.

(6) Name and addresses of plan preparer and date of preparation and any revision dates.

(7) Tract boundaries with bearings in degrees, minutes and seconds and distances in feet and hundredths of a foot. These boundaries shall be determined by accurate field survey, closed with an error not to exceed one in 5,000 and balanced.

(8) Excepted parcels or sections shall be marked "not included in this plat" and their boundary completely indicated by bearings and distances.

(9) Names of adjoining property owners including those across adjacent roads.

(10) Names, numbers and right-of-way widths of adjoining roads.

(11) Location and names, if any, of existing man-made and natural features including but not limited to:

(a) Watercourses and lakes.

(b) Wetlands (with source of delineation, or statement that wetlands do not exist).

(c) Buffers around lakes, ponds and wetlands. (See § 27-606, Subsection 6, of Zoning Ordinance [Chapter 27].)

(d) Rock outcrops and stone fields.

(e) Buildings and structures.

(f) Wooded areas and tree masses, with delineation of areas of trees proposed to be removed and areas to be protected.

(g) Paved areas, sidewalks, culverts, storm sewers, utilities and all other significant man-made features.

(h) Soils with a shallow depth to the seasonally high water table (see County Soils Survey or more accurate source).

(i) Delineation of watershed basins and subbasins.

(j) And areas covered by impervious coverage (or typical for a dwelling), and proposed percentage impervious coverage compared to maximum percent coverage in Zoning Ordinance [Chapter 27].

(12) Location of one-hundred-year flood zones and one-hundred-year floodplain elevations, if available. If a flood-prone watercourse was not included in the official Federal Floodplain Mapping study, then the Township may require that the applicant provide a professional delineation of the extent of the one-hundred-year floodplain.

(13) Location and description of any certified historic sites, structures or natural features.

(14) Location, width and purpose of all existing rights-of-way or other easements and any restrictive covenants which might affect the development.

(15) The location and extent of various soil types. DEP group classification of each soil type shall be provided where on-lot sewage disposal is proposed.

(16) Location of soil test pit and perc locations, if applicable.

(17) Site data, including:

(a) Total acreage of land development.

(b) Type of water supply proposed.

(c) Type of sewage supply proposed.

(d) Tax number(s).

(e) Source of title to the land being developed (Deed Book volume and page).

(f) Zoning district.

(18) Building setback lines as required by Zoning Ordinance [Chapter 27], as well as coverage and bulk control requirements.

(19) Contour lines (existing and proposed) at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.

(a) Areas with an existing slope of 15% to 30% and greater than 30% shall be highlighted.

(20) Proposed improvements including buildings and structures (size and location), off-street parking and loading, lighting, landscaping, sidewalks, drives (including advertising), signs, utilities, drainage facilities, fences and all other improvements.

(21) Proposed areas for location of wells and primary and alternate subsurface disposal fields (if applicable). Evidence shall be provided that Pennsylvania DEP regulations for separation distances will be met.

(22) Location, width and purpose of proposed easements, utilities and improvements.

(23) A place on the plan for recommendation by the Planning Commission and for the approval of the Board of Supervisors, including a space for the date of approval. See Appendix 22-B.

(24) The name, seal and signature of the professional engineer or registered surveyor responsible for preparation of the plan. A seal of a registered landscape architect may be included for matters authorized by state law.

(25) Estimates of traffic volumes generated by the project, based upon estimates from the current edition of the Institute of Transportation Engineering Trip Generation Manual.

(26) Evidence of compliance with the Township Zoning Ordinance [Chapter 27], including, but not limited to, environmental protection regulations, and the sizes, heights and locations of proposed signs.

(27) Locations, sizes and dimensions of proposed buildings, other improvements and curbing from lot lines.

(28) Approximate location of wetlands, steep slopes, waterways, drainage channels and one-hundred-year floodplains that are within 200 feet of the land development. Approximate location of existing principal buildings within 100 feet of the land development. These locations may be based upon visual inspection, existing reports or existing mapping, as opposed to an actual survey.

(29) If wells or septic systems are proposed within the subdivision, then the locations of any well or septic system within 100 feet of the subdivision shall be shown. If the location cannot be determined, then the approximate location shall be shown and labeled as such.

(30) The names of adjoining property owners (including those across the street). The use of adjoining properties shall also be identified (such as "undeveloped" or "single-family detached dwelling.")

(31) Proposed outdoor trash dumpster locations, and proposed screening.

(32) Proposed elevation of buildings, structures and signs.

C. For any land development plan, the following supportive documents and information shall be submitted:

(1) Copies of the proposed deed restrictions, protective and restrictive covenants referenced to the drawing.

(2) Proposed offers of dedication and reservation of rights-of-way and land areas with conditions attached.

(3) Certification of central water supply system when the land development is to be served with water by an existing water company or authority:

(a) The applicant shall submit four copies of a letter from the water company or authority which states that the company or authority can adequately serve the land development.

(b) The applicant shall submit a plan of the proposed system showing all pertinent features.

(4) Certification of a central sewage disposal system:

(a) Public. When the land development is to be served by an existing sewer company or authority the applicant shall:

1) Submit four copies of a letter from the company or authority which states that the company or authority can adequately serve the subdivision.

2) Submit a plan of the proposed sewerage system showing all pertinent features.

3) The applicant shall submit four copies of a completed land planning module, if applicable.

(b) Private. When the land development is to be served by a private central sewage disposal system:

1) The applicant shall submit a plan of the sewerage and treatment systems showing all pertinent features.

2) The applicant shall submit four copies of a completed land planning module.

3) The approval of the land development shall be conditioned upon the receipt by the Township of the Township of the approval of the sewerage and treatment system by the appropriate agencies and offer of dedication to the Stroud Municipal Authority.

4) The Planning Commission and Board of Supervisors shall have the right to review any such plans to determine compliance and compatibility of the same with any Township plans or studies and the overall adequacy of the proposed system.

(5) Certification of On-Lot Sewage System. When the land development is to be served by individual on-lot sewage disposal systems:

(a) The applicant shall submit four copies of a completed land planning module plan, if applicable.

(b) The approval of the land development shall be conditioned upon the receipt by the Township of the approval of the land planning module by the appropriate agencies.

(6) Evidence shall be presented indicating the manner in which the environmental protection requirements of this chapter and the Zoning Ordinance [Chapter 27] will be met.

(7) Other Holdings. Map of entire contiguous holdings and all other holdings of the applicant within 2,000 feet, indicating area of proposed land development. A sketch plan of proposed road system will be required for any contiguous area not included in the preliminary plan.

(8) A drainage plan in compliance with Part 3 and the applicable Stormwater Management Ordinance [Chapter 23]. The plan shall consist of location, type and character of storm sewers, culverts, natural watercourses, drainage easements, impoundment areas, existing and proposed topographic contours.

(9) Clear Title. Certification from the applicant that the title and all street rights-of-way, easements and other lands offered for dedication or transfer to the Township are free and clear of all encumbrances and liens and that no prior conflicting rights-of-way or easements have been granted.

(10) Certification of the property boundary by a Pennsylvania registered surveyor.

(11) A traffic study if required under § 22-302, Subsection 14, of this chapter or the Zoning Ordinance [Chapter 27].

(12) A description of how the project relates to recommendations in the Township's Comprehensive Traffic Plan.

(13) A description of how the project relates to relevant recommendations and policies in the Township's Comprehensive Plan.

(14) Construction details, including but not limited to the following, as applicable:

(a) Street construction.

(b) Landscaping.

(c) Stormwater improvements.

(d) Outdoor lighting.

(e) Water improvements.

(f) Sanitary sewage improvements.

(g) Curbing.

(h) Sidewalks.

(i) Bicycle/walking paths.

(j) Street/shoulder/turn lane striping.

(15) A preliminary fiscal impact evaluation from the County Planning Commission projecting the estimated tax revenues and expenditures to the Township and School District from the development upon completion. A complete fiscal impact study shall be required if a project will eventually involve over 25 new dwelling units or over 100,000 square feet of nonresidential building floor area. (See also § 27-707, Subsection 3D, of the Zoning Ordinance [Chapter 27] if within the Enterprise Park Zoning District.) or result in a net revenue loss to the Township.

(16) Emergency Preparedness. The Planning Administrator may require an applicant to prepare a proposed amendment to the Township Emergency Operations Plan if a project represents a public health or safety hazard. Such plan(s) may be required to address matters such as spill containment and response.

(17) Notice. If a new principal building is proposed, the applicant shall provide a written notice to the last known names and address of all property owners within 500 feet of the boundaries of the project. This notice shall state the type of development and number of housing units proposed and describe the location of the project. The notice shall also list the phone number of the Township offices for residents to call with questions. The applicant or his/her representative shall provide a signed written statement certifying that the notices were mailed or delivered.

(18) Erosion Control. A soil erosion and sedimentation control plan shall be submitted to the Township with the land development plan and to the County Conservation District. Prior to the start of any construction or earth moving, soil erosion and sedimentation control plans shall be found acceptable in writing by the County Conservation District. A copy of the approval shall be received by the Township prior to the start of such activities.

(19) Hazards. Applicants shall submit a description of known hazardous site conditions, such as former landfills, sinkholes, underground storage tanks or uncapped wells. The Planning Administrator may require the submittal of a Phase I Environmental Site Assessment if redevelopment is proposed on a site of over one acre that formerly had a nonresidential use.

(20) Access. The following note shall be stated on the plan if applicable: A highway occupancy permit shall be required before any new or intensified vehicle access is allowed onto a state road, in compliance with the State Highway Law, 36 P.S. § 670-101 et seq., as amended. A utility occupancy permit shall be required before any utility work is conducted within a public right-of-way.

(21) Water Study. If any activity will involve the withdrawal from groundwater or springs of more than 10,000 gallons per day of water, the applicant shall submit a hydrogeologic study. This study shall be prepared by a qualified professional. This study shall explain whether the withdrawal will have a negative impact on nearby uses. This study shall also describe any mitigating measures that the applicant agrees to institute, such as reducing water usage during dry conditions or measures to increase groundwater recharge. This requirement shall not apply to uses connected to a municipal central water supply system.

5. Action on a Land Development.

A. The Planning Commission and staff may conduct a site inspection of the proposed land development prior to taking action upon the plan application.

B. Commission Review. After the land development plan has been reviewed, the Planning Commission shall recommend to the Board of Supervisors whether the plan be approved, conditionally approved or disapproved. Such recommendation shall occur in a timely manner that provides sufficient time for a decision by the Board of Supervisors within the time limits of state law. (Note — in most cases, the Planning Commission recommendation is intended to occur within 60 days after the regular meeting after the submission was officially accepted.)

C. Action. The Board of Supervisors shall approve, conditionally approve or disapprove the plan within the time limits established by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., unless a written extension is provided by the applicant. (Note-in most cases, this is intended to be a maximum of 90 days after the Planning Commission meeting after the submission was officially accepted.)

D. Decision. Upon the approval of the Board of Supervisors, it shall enter the approval in writing upon the land development plan along with the signatures of the Board Chairperson and the Board Secretary and the date.

(1) The approval of the plan by the Board of Supervisors shall not constitute an acceptance of the dedication of any street or other proposed public way, space or area shown on said plan. Any such acceptance shall be specifically stated along with the signatures required above.

(2) When the application is rejected, the decision shall specify defects found in the application and describe the requirements which have not been met and shall cite the provisions of the statute or ordinance relied upon.

E. Notice. The Township shall communicate the Board of Supervisors decision in conformance with state law, unless the applicant has agreed in writing to an extension of time or a change in the manner of notification. (Note-such notice is generally intended to be communicated to the applicant not later than 15 days following the decision.)

F. Staged Approvals. If requested by the applicant, the Board of Supervisors, at its discretion, may permit the completion of the required improvements in a series of sections or stages, each covering a portion of the proposed land development as shown on the land development plan. If the land development plan is submitted in sections or stages, each section or stage shall relate logically to provide continuity of access, extension of utilities and availability or amenities. The stages shall be fully described in a binding development agreement. The applicant shall provide evidence that each stage will be able to function properly individually and will meet Township ordinances if later stages are not completed.

G. Recording.

(1) Conditions. A final land development plan shall not be recorded until the Township has determined that the applicant has met all conditions of the approval that need to be satisfied prior to recording.

(2) Print. The plan for recording shall be a clear legible reproducible on "Mylar film" or comparable quality material, unless the Township staff and Recorder of Deeds Office pre-approve another form of submittal. A Mylar print shall also be provided for Township files, which should also include signatures.

(3) Time Limit. Upon the approval of a final land development plan, the applicant shall, within 90 days of such final approval, or 90 days after the date of delivery of an approved signed plan, following the completion of conditions imposed upon the final approval, whichever is later, record such plan in the Office of the Recorder of Deeds of Monroe County. Any approved subdivision plans not recorded in accordance with this section shall become null and void. The Board of Supervisors may extend the time periods of this § 22-204, Subsection 7, in writing for good cause.

(4) Receipt. The applicant shall provide a written receipt of the recording to the Township, which shall be provided within seven days afterwards. The Township may withhold the issuance of related permits until such receipt is provided.

§ 22-207 Procedure for Installation or Guarantee of Required Improvements.

[Ord. 2003-1, 1/27/2003, § 2.700]

1. Improvements to Be Provided by the Applicant. The applicant shall be responsible for the installation of all required improvements.

2. Method of Providing Improvements.

A. No final plan shall be approved by the Board of Supervisors until:

(1) Required improvements have been properly installed and approved.

(2) A performance guarantee acceptable to the Township is provided and a development agreement is executed.

B. Stages. Where the completion of a subdivision or land development in stages or phases has been allowed by the Board of Supervisors, the Board of Supervisors may require the completion of or inclusion in the development agreement of any improvements in future sections or stages that it finds essential for the protection of any finally approved section or stage of the subdivision or land development. See also §§ 22-204, Subsection 2C, and 22-206, Subsection 5F. See also appropriate sections of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

C. Performance Guarantee. The provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., shall apply.

(1) Any required improvement guarantees shall be deposited as cash, irrevocable letter of credit or certificate of deposit from a bank located within the State of Pennsylvania or other security acceptable and payable to the Board of Supervisors in an amount of 110% of the costs of all required improvements as estimated or reviewed by the Township Engineer and approved by the Board of Supervisors. Such a guarantee or other security, shall provide for and secure to the public the completion of all required improvements within a period of one year from the execution of the development agreement referred to below. The Township shall be notified 60 days prior to cancellation of the improvement guarantee or financial security.

(2) Inflation Adjustment. If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the procedure established for such circumstances by the State Municipalities Planning Code, 53 P.S. § 10101 et seq.

(3) The provision of improvement bonds shall be in accordance with any staging plans approved by the Board of Supervisors.

D. If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.

3. Method of Approving Required Improvements. The provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., applicable to completion of improvements and release of improvement guarantees shall apply.

4. Maintenance Security/Guarantee.

A. Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the applicant shall post financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall be determined by the Township and shall not exceed 15% of the actual cost of installation of said improvements.

5. Development Agreement.

A. All applicants proposing any subdivision and/or land development requiring the installation of improvements as required herein shall be required to enter into a legally binding development agreement with the Township guaranteeing the installation of said improvements in accordance with all Township requirements, prior to final subdivision plan or land development plan approval.

B. The development agreement shall be in a form suitable for execution by the Board of Supervisors and it shall consist of the following, where applicable:

(1) The required improvements according to the approved plant in itemized format.

(2) Construction of streets with related curbs, street signs, drainage facilities and related improvements.

(3) Installation of utility lines.

(4) Dedication of streets, transfer of water and sewer lines and easements.

(5) Prevention of erosion, sedimentation and water damage to the subject and adjacent properties.

(6) Provisions regarding the dedication, improvement and maintenance of common open space or recreation areas, if applicable.

(7) Applicant's responsibilities for damage to other property.

(8) A work schedule setting forth the beginning and ending date, and such other details as the Township deems fit and appropriate, for improvements contained herein.

(9) The estimated cost of the improvements not yet completed, including a detailed breakdown in a form acceptable to the Board of Supervisors and amount of performance bond.

(10) Security, in the form of a cash escrow fund, for the repair or reconstruction of improvements which are found by the Township Engineer to be defective within one year from the date on which the Township Engineer certified them to have been completed, shall be indicated together with provisions for disbursement thereof. (See § 22-207, Subsection 4).

(11) The developer shall provide the Township with a set of reproducible "as-built" plans prepared by and certified to by a professional engineer or registered surveyor.

(12) The agreement shall include provisions for violation of the development agreement.

(13) The developer shall secure or maintain public liability insurance for the duration of improvements construction. A copy of other evidence of coverage shall be submitted to the Township.

(14) A save harmless clause shall be provided by the developer to protect the Township from liability.

(15) Completion. Following construction, the applicant shall provide the Township with a certified statement prepared by a professional engineer to the effect that the sanitary sewers, streets, stormwater facilities, sewage treatment facilities, water supply and distribution facilities comply with the approved plans and have been constructed in accordance with all applicable rules and regulations.

(16) Costs. The developer shall be responsible for all reasonable engineering and legal costs and expenses for inspection, consultations, and preparation of agreements, to the extent that such costs and expenses exceed the monies paid by the developer in accordance with the standard fee schedules.

(17) Recording. The final subdivision plan or land development plan shall not be approved for recording by the Board of Supervisors prior to the execution of this agreement, and the delivery of any required bond or escrow agreement.

(18) Expiration of Financial Securities. The developer shall have the responsibility to make sure that any required bond or escrow agreement is still in effect while required improvements have not yet been completed. If such security or escrow expires before the improvements have been completed, it shall be considered a violation of this chapter, and the Township may withhold all issuance of permits.

(19) As-built plans showing compliance with approved and recorded subdivision or land development plans shall be submitted prior to release of financial security.

§ 22-208 Open Land, Recreation Land and Greenway Land-Ownership and Maintenance.

[Ord. 2003-1, 1/27/2003; as added by Ord. 2010-12, 11/15/2010, § 3]

1. This section shall apply to any development which involves the ownership and maintenance of open space, recreation land or greenway held in common or owned and maintained through other arrangements approved by the Board of Supervisors (referred to as "open space") as required by this chapter.

2. Purpose. The requirements of this section are intended to assure in perpetuity the ownership, use and maintenance of open space. The general principle shall be to assign ownership and maintenance responsibility to that entity which is best suited for the same and which will allocate any associated costs to the individuals which directly benefit from the use of the open space.

3. Plan and Legal Documents. The developer shall submit a plan and proposed legal documents for the purpose of establishing, in perpetuity, the use, ownership and maintenance of the approved open space. The plan shall be approved by the Board of Supervisors with the recommendation of the Township Solicitor. The provisions of the approved plan shall be incorporated into a development agreement with the Board of Supervisors, deed covenants and restrictions, or other legal document which will effect the plan and which can be enforced by the Board of Supervisors.

A. The plan shall define ownership and an acceptable process and time line shall be established for the transfer of the lands and maintenance responsibilities to the body or entity so designated, if transfer is proposed by the plan.

B. The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, crop land, woodlands, etc.).

C. The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.

D. The Board of Supervisors may require the applicant to escrow sufficient funds for the maintenance and operation costs of common facilities for up to 18 months.

E. Any changes to the maintenance plan must first be approved by the Board of Supervisors.

4. (Reserved)

5. Development Plan Designations. The subdivision/land development plan which will be recorded following final approval of the development shall clearly show all open space and specifically note the use, ownership and maintenance responsibility of the same. Reference to the legal document(s) governing the use, ownership and maintenance of open space shall be noted on the plan. The plan shall also contain the following statement open land, recreation land, common facilities and development improvements shall not be sold separately or be further subdivided or developed, nor shall such land be used for density for any other development.

6. Methods for Use Dedication and Open Space Ownership and Maintenance.

A. Ownership. Required open space shall be offered for dedication to the Township, unless the Board of Supervisors agrees to a proposal to transfer to any of the following: Stroudsburg Area School District, Monroe County, Pennsylvania Bureau of State Parks, Pennsylvania Bureau of Forestry, the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission, a homeowner association, a single property owner in the case of agricultural or forest land or an environmental organization or land trust acceptable to the Board of Supervisors.

B. Dedication. The Board of Supervisors is under no obligation to accept an offer of dedication to the Township, but shall have the authority to ensure that an appropriate long-term method will be in place to own and maintain open space.

C. Deed Restrictions/Conservation Easements. Open space shall be protected from future development and subdivision by a permanent conservation easement or deed restriction, acceptable to and enforceable by the Board of Supervisors. Such restriction may also be enforceable by other parties. Such restrictions shall prohibit the construction of any buildings, except buildings for noncommercial recreation or that are necessary to support maintenance of the open space.

D. Rental Development. In the case of a rental development, the Township may permit the open space to be retained by the owner of the adjacent residential rental buildings.

E. Private Parcel. Where another form of ownership is not practical, the Board of Supervisors may permit the required open space to be added onto a privately owned parcel, provided a permanent conservation easement protects the open space from development.

F. Methods. The use of open space and open space ownership and maintenance shall be addressed buy one or a combination of the methods which follow. In any case, the developer shall document to the satisfaction of the Board of Supervisors that the chosen method(s) will preserve the open space use rights established in accord with this Part and provide for the perpetual ownership and maintenance of all open land, and recreation land.

All methods shall establish a mechanism for the Board of Supervisors to effect the use dedication and require operation and maintenance of open space, should the means established by the developer fail to provide the same.

All methods for use dedication and open space ownership and maintenance, and any combination of methods, and any change in method which may be proposed by the ownership and maintenance entity, shall be subject to the approval of the Board of Supervisors. Operation and maintenance provisions shall include, but not be limited to, capital budgeting for repair and/or replacement of development improvements and common facilities, working capital, operating expenses, casualty and liability insurance, and contingencies.

(1) Property Owners Association or Condominium Agreements. All open space may be owned and maintained by a property owners association (POA) or condominium association (CA) including all lot and/or condominium owners in the development provided: (The provisions of § 705(f) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10705(f), should serve as a model, in concept, for the maintenance responsibilities/enforcement provisions of such agreement.)

(a) The POA/CA is established by the developer as a nonprofit corporation for the express purpose of ownership and maintenance of the open space, or as otherwise may be required by state statute.

(b) Participation in the POA/CA is mandatory for all lot/unit owners.

(c) Provision is made for the maintenance of open space during the lot/unit sale period and the orderly transition of responsibility from the developer to the POA/CA.

(d) The POA/CA is empowered to assess POA/CA members to fund the administration of the POA/CA and other costs associated with the open space responsibilities.

(e) The bylaws and covenants shall also provide that, if the maintenance is not performed by the association as required, the Township may have the maintenance work performed, in which event, after providing notice to the unit/lot owners, the Township shall have the authority to place municipal liens upon any or all units/lots in the subdivision/land development to recover the maintenance costs and expenses, as well as all legal costs and expenses (including, but not limited to, attorney fees) if the POA/CA does not fulfill its responsibilities.

(2) Transfer to a Private Conservation Organization. In the case of open space and recreation land, the developer may transfer fee simple title to the said areas, or parts thereof, to a private, nonprofit organization among whose purposes is the conservation of open land and/or natural resources; provided that:

(a) The deed contains the necessary covenants and restrictions in favor of the Township to effect the use dedication and open space ownership and maintenance standards of this Part and this chapter.

(b) The organization proposed is a bonafide, operating and stable conservation organization with a perpetual existence, acceptable to the Board of Supervisors.

(c) The conveyance of title contains the necessary provisions for proper transfer to another qualified organization should the organization be unable to continue to fulfill its responsibilities and obligations.

(d) A maintenance agreement is entered into among the developer, the organization and the Township, in form and substance acceptable to the Board of Supervisors.

(3) Deed Restricted (Non-Common) Private Ownership. Deed restrictions on privately held lands may be used to preserve open space provided such restrictions include a conservation easement in favor of the Township, with provisions for reversion to the Township, POA or trustee holding the remainder of the open space.

(4) Deed or Deeds of Trust. The landowner may provide, as approved by the Board of Supervisors, for the use, ownership and maintenance of open space by establishing a trust for the same via a deed or deeds. The trustee shall be empowered to levy and collect assessments from the property owners for the operation and maintenance of the development.

(5) Conservation Easements Held by the Township. In the case of open space and recreation lands, the Board of Supervisors may, but shall not be required to, accept title to conservation easements on any such lands. In such cases, the land remains in the ownership of an individual, POA of condominium, while the development rights are held by the Township. The lands may be used in accord with the requirements of this chapter and title to such lands may be transferred to other parties for use as restricted by the conservation easement.

(6) Fee Simple and/or Easement Dedication to the Township. In the case of open space or recreation lands, the Board of Supervisors may, but shall not be required to, accept in fee, the title to any such lands, or any interests (such as development rights or conservation easements) therein, for public use and maintenance, provided:

(a) There is no consideration paid by the Township.

(b) Such land is freely accessible to the public.

(c) The Board of Supervisors agrees to and has access to maintain such lands.

§ 22-209 Failure to Preserve Use and Operation and Maintenance of Improvements or Open Space.

[Ord. 2003-1, 1/27/2003; as added by Ord. 2010-12, 11/15/2010, § 4]

1. Should the method established to preserve the use, operation and maintenance of improvements or open space (including any required recreation land) fail to do so in reasonable order and condition in accord with the approved development plan, the Board of Supervisors shall have the right and authority to take all necessary legal action to effect such use dedication, operation and maintenance. The action of the Board of Supervisors shall be in accord with the following:

A. Notice. The Board of Supervisors shall serve written notice on the assigned entity or the property owners in or the property owners in the development setting forth the details of the failure of the entity with regard to the use dedication and operation and maintenance.

B. Correction of Deficiencies. The notice shall include a demand that the deficiencies be corrected in a reasonable period of time which shall be stated in the notice.

C. Public Hearing. If requested by a party within 10 days of the date of the notice, a public hearing shall be conducted subsequent to the notice and shall be advertised in accord with the definition of public notice contained in this chapter. At such hearing, the Board of Supervisors may modify the terms of the original notice as to the deficiencies and may extend the time for correction of the deficiencies.

D. Failure to Correct. In the event the deficiencies in the notice, as may have been modified at a public hearing, are not corrected in accord with the established time period, the Board of Supervisors may enter upon the open space and maintain the same and/or correct the deficiencies. The Board of Supervisors shall continue such action for such time as may be necessary to correct the deficiencies. Said action shall not constitute a taking or dedication of any improvement or open space, nor vest in the public the right to use any improvement or open space unless such right was previously established.

E. Reinstatement of Responsibility. The responsibility of operation and maintenance shall not be reinstated to the assigned entity until such time as the entity has demonstrated to the Board of Supervisors that the proper steps have been effected to modify the terms of use dedication, operation and/or maintenance; and/or to reorganize or replace the responsible entity so that use dedication and operation and maintenance established by the approved development plan will be assured.

F. Appeal. Any party to the action of the Board of Supervisors may appeal such action to court as provided for in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.

G. Public Costs. The costs of the preservation of use dedication and the cost of maintenance and operation of any improvements or open space conducted by the Township in accord with this Part, and including any administrative and legal costs, shall be assessed ratably against the properties in the subject development which have a right of enjoyment and/or use of the open space. The assessment shall constitute a lien on said properties.