Whenever a subdivision of land is desired to be effected, a
plat of the layout of such subdivision shall be prepared, filed and
processed according to the requirements of this chapter.
Upon the request of the applicant, the Township will submit
the proposed plan to the Township Planning Commission. After review
and discussion with the applicant, the Planning Commission may indicate
the suitability of the proposed plan for development into preliminary
plans.
A.
In assessing the suitability of the proposed plan, the Planning Commission
shall consider the Fairview Area Comprehensive Plan or other plans
of the Planning Commission, including, but not limited to, proposed
streets, recreation areas, drainage reservations, shopping centers,
school sites, housing and land use types, and water and sewer service
areas.
B.
Also to be considered is whether the land is subject to hazards to
life, health, and safety. Such land shall not be subdivided until
such hazards have been addressed to the satisfaction of the Township.
Prior to the preparation and filing of the preliminary plan,
the applicant is not required but strongly encouraged to submit the
following plans and data to the Township:
A.
General information. Describes or outlines existing covenants, land
characteristics, community facilities and utilities, and information
describing the proposed subdivision such as the number of residential
lots, typical lot width and depth, price range, business areas, playgrounds,
park areas, other public areas, proposed protective covenants, proposed
utilities and street improvements.
B.
Location map. Shows the relationship of the proposed subdivision
to existing community facilities which serve or influence it and shall
include development name, location of any existing facilities, traffic
arteries, public or other schools, parks, playgrounds, utilities,
churches, shopping centers, airports, hospitals, principal places
of employment, title, scale, north arrow and date. The scale of the
location map shall be one inch equals 2,000 feet.
C.
Topographic map. Existing USGS Quadrangle Map or other acceptable
available map showing topographic features.
D.
Sketch plan. Drawn to a scale of one inch equals 100 feet (or greater)
on a print of the topographic map, showing in a simple sketch the
proposed layout of streets, lots and other features in relation to
existing conditions, including:
(1)
The proposed name of the subdivision.
(2)
Name of the applicant.
(3)
Name of the registered owner.
(4)
North point, scale and date.
(5)
Name of engineer, surveyor or other qualified person responsible
for the map.
(6)
Tract boundaries with bearing and distances.
(7)
Topography with elevations based on datum approved by the Township
and showing contours at vertical intervals meeting USGS mapping standards.
(8)
Approximate location of watercourses, tree masses, rock outcrops,
existing buildings, and actual location of sewer mains, inlets, water
mains, wells, all easements, fire hydrants, railroads, existing or
confirmed streets and their established grades.
(9)
Adjacent streets.
E.
Soil suitability. Show where conditions are suitable for on-lot sewage
or other sewage treatment as determined by the Erie County Department
of Health or Pennsylvania Department of Environmental Protection.
A.
Application. When filing developer agreement forms and application
for approval of the preliminary plan, the applicant shall prepare
and submit to the Township for distribution to the Township Planning
Commission, Municipal Engineer and, as necessary, Municipal Authorities
at least 15 days prior to the regular monthly meeting of the Planning
Commission, one copy of the corresponding documents and preliminary
plan (consisting of one mylar, 10 prints and two sets of construction
drawings) of the total land to be ultimately developed for review
by the Planning Commission, Engineer and, as necessary, Authorities
according to requirements and standards contained herein. The applicant
is advised to contact any appropriate utility as may be relevant.
B.
Receipt and notice. The Township shall review submissions to determine
if all required components, including fees, are included. Incomplete
submissions will be returned to the applicant, and will not be considered
as a formal submission. The Township has five business days to complete
the review of the submission and issue a completeness receipt or letter
of rejection. Any missing requirements, including required fees, will
be listed in any letter of rejection and included with the returned
components. Note: The receipt acknowledges only that the submission
is complete and does not determine its compliance with the standards
set forth in this chapter or other applicable regulations. The Township
will notify the applicant of the Township Planning Commission meeting,
place, date and agenda schedule.
C.
Review by Township Planning Commission. The Planning Commission shall
review the plan submitted covering the requirements of this chapter,
and may consult with the Township's professional consultants
and officials of any other department or authority concerned. Within
45 days of this scheduled agenda review, the Planning Commission shall
report to the Board of Supervisors on the subdivision, recommending
approval, conditional approval or disapproval, with reasons for action
for conditional approval or disapproval.
D.
Review by Erie County Planning Commission. Upon recommendation from
the Planning Commission, the Township shall forward a copy to the
Erie County Department of Planning for review and report at the developer's
expense. Following review by the Erie County Planning Commission,
the plan shall be delivered to the Township.
E.
Review by Municipal Engineer and authorities. The Municipal Engineer
and, as necessary, authorities shall submit letters stating the conformance
of the plan to the requirements of the Township's ordinances.
F.
Action of Board of Supervisors.
(1)
All applications for approval of a preliminary plan shall be
acted upon by the Board of Supervisors and a decision communicated
to the applicant not later than 90 days following the date of the
regular meeting of the Planning Commission (in which the plan is first
reviewed) next following the date the application is filed or after
a final order of court remanding an application, provided that should
the said next regular meeting occur more than 30 days following the
filing of the application or the final order of the court, the said
ninety-day period shall be measured from the 30th day following the
day the application has been filed.
(2)
Approved preliminary plans for recording shall bear signatures
of the members and the Secretary of the Board of Supervisors to a
certified statement that all plan procedure requirements have been
met.
G.
Nature of approval. Approval of a preliminary plan shall not constitute
approval of a final plan, but rather an expression of approval of
the layout submitted on the preliminary plan as a guide to the preparation
of the final plan.
H.
Time extensions. If the applicant desires a time extension for preliminary
or final plan approval, a written request shall be made to the Township.
The request shall specify the reasons for the extension. The Township
may grant time extensions and they shall be for a period of 30 days.
Additional requests for extensions may be made.
The preliminary plan and data from the applicant shall include
but not be limited to the following:
A.
The preliminary plan shall be drawn at a scale of one inch equals
100 feet (or greater).
B.
The plan shall show or be accompanied by the following:
(1)
Developer agreement as needed.
(2)
Draft of protective covenants, if any.
(3)
Title, to include:
(a)
Name by which the subdivision will be recorded.
(b)
Location by municipality, county and state.
(c)
Parcel ID number.
(d)
Names and address of the owner or owners along with notarized
signatures.
(e)
Name of registered engineer or surveyor who surveyed the property
and prepared the plan.
(f)
North point, date and graphic scale.
(4)
Tract boundaries with bearings, distances and area in acres
to the nearest hundredths.
(5)
Existing easements, their location, width and distance.
(6)
Contours at vertical intervals of two feet for land areas with
a slope of 5% or less and at five-foot intervals for land areas with
a slope greater than 5%.
(7)
Datum to which contour elevations refer.
(8)
Benchmarks.
(9)
Existing physical features, to include:
(a)
Watercourses, floodplains, wetlands, culverts, bridges, drains
and tree masses.
(b)
Buildings, on-lot sewage systems, sewers, storm sewers, water
mains, wells, fire hydrants, inlets, easements and railroads.
(c)
Streets on or adjacent to the tract, including name, right-of-way
widths and cartway.
(10)
Proposed improvements and related data shall include:
(a)
Location, name and width of all proposed streets and alleys,
paved cartway widths, and clear sight triangles.
(b)
Sidewalks and crosswalks.
(c)
All rights-of-way and easements, and identified as either public
or private.
(d)
Lot lines with bearings and dimensions.
(e)
Building setback lines.
(f)
Reservations of grounds for subdivision association and/or public
use.
(g)
General drainage plan for stormwater to include proposed water
direction of flow for stormwater in relation to natural channels with
disposition controlled so as not to extend drainage to adjoining properties;
a plan and profile of all piped storm sewer drainage systems.
(h)
A plan of the proposed water distribution system or a plan showing
the location of individual wells.
(i)
A plan of the proposed sanitary sewage collection system or
a plan showing the proposed location of on-lot sewage disposal facilities.
(j)
Proposed land use of the improvement.
(k)
Names and addresses of abutting property owners.
(l)
Subsurface condition of the tract.
(m)
Profiles showing existing ground and proposed center-line street
grades.
(n)
Typical cross sections of roadways and sidewalks.
(o)
Sizes of water pipes and location of valves and fire hydrants.
(p)
Location of manholes, invert elevations, grades and sizes of
sanitary sewers.
(q)
Signature block for the Fairview Township Planning Commission
stating "The plan has been reviewed by the Fairview Township Planning
Commission" with signature lines and date.
(r)
Signature block for the Erie County Department of Planning stating
"The plan has been reviewed by the Erie County Department of Planning"
with signature lines and date.
(s)
Signature block for the Fairview Township Board of Supervisors
stating "The plan has been approved by the Fairview Township Board
of Supervisors" with signature lines and date.
(t)
Signature block for the Recorder of Deeds labeled "Recording
information" with a line for the map number.
(11)
Include the zoning district or districts and show the boundary
between zoning districts, where applicable.
(12)
Where applicable, provide a copy of the highway occupancy permit
issued by the Pennsylvania Department of Transportation.
(13)
The plan shall be labeled preliminary plan.
(14)
Provide stormwater management calculations as prescribed in
the Fairview Township Stormwater Management Ordinance.
C.
The following shall be required for any land in the A-3 Conservation
District as shown on the Fairview Township Zoning Map, and shall be
prepared by a registered engineer or surveyor:
(1)
A map showing the location of proposed subdivision or land development
with respect to any designated floodplain or coastal and bluff recession
hazard areas, including information concerning, but not limited to,
the 100-year flood elevations, proposed lots and building sites, fills,
flood or erosion protective facilities, areas subject to any special
relevant deed restrictions, and designated recreational land.
(2)
Where the subdivision and/or land development lies partially
or completely within the A-3 Conservation District and/or in any flood
or coastal area, or where the subdivision and/or land development
borders a flood or coastal area, the preliminary plan shall include
detailed information concerning the location and elevation of proposed
roads, public utilities, and building sites. All such plans shall
also show contours at intervals of two or five feet, depending upon
the slope of the land, and identify the boundaries of the A-3 Conservation
District, the floodplain areas, and/or the coastal and bluff recession
hazard areas.
D.
Phased development.
(1)
Subdivision development in phases. If the subdivision is to be phased, a time schedule must be submitted with the preliminary plan and must be updated annually on the anniversary of the preliminary approval. Failure to submit the annual update shall constitute a default. Any required improvement not to be constructed or installed until a later stage must be set forth in the developer agreement and any stage to be completed in a later stage must be reviewed and approved by the Township Engineer. Failure of the developer to adhere to the schedule of submission of plans or submission of annual updated schedule shall subject any such section to any and all changes in zoning, subdivision and any other governing ordinance enacted by the Township subsequent to the date of the preliminary plan submission. The developer may construct improvements without posting financial surety but the Township will not accept any offers of dedication of any portions of the development until a final inspection and an approved final plan indicates compliance with all applicable requirements of this chapter. Reference is made to the requirements of Article VI of this chapter.
(2)
Should the developer determine to develop the subdivision in
phases and without posting financial surety, the developer proceeds
at his own risk and the completed work is subject to the inspection
and approval of the Township Engineer and other appropriate approvals
by other agencies.
A.
Application to Township. When filing developer agreement forms and
application for approval of the final plan, after approval of the
preliminary plan, the applicant shall prepare and submit to the Township
for distribution to the Township Planning Commission, Municipal Engineer
and, as necessary, municipal authorities at least 15 days prior to
the regular monthly meeting of the Planning Commission, one copy of
the corresponding documents and final plan (consisting of one mylar,
10 prints and seven sets of construction drawings) of the total land
to be ultimately developed for review by the Planning Commission,
Engineer and, as necessary, authorities according to requirements
and standards contained herein. The applicant is advised to contact
any appropriate utility as may be relevant.
B.
Receipt and notice. The Township shall review submissions to determine
if all required components, including fees, are included. Incomplete
submissions will be returned to the applicant, and will not be considered
as a formal submission. The Township has five business days to complete
the review of the submission and issue a completeness receipt or letter
of rejection. Any missing requirements, including required fees, will
be listed in any letter of rejection and included with the returned
components. Note: The receipt acknowledges only that the submission
is complete and does not determine its compliance with the standards
set forth in this chapter or other applicable regulations. The Township
will notify the applicant of the Township Planning Commission meeting,
place, date and agenda schedule.
C.
Review by Township Planning Commission. The Planning Commission shall
review the plan submitted covering the requirements of this chapter,
and may consult with the Township's professional consultants
and officials of any other department or authority concerned. Within
45 days of this scheduled agenda review, the Planning Commission shall
report to the Board of Supervisors on the subdivision, recommending
approval, conditional approval or disapproval, with reasons for action
for conditional approval or disapproval.
D.
Review by Erie County Planning Commission. Upon recommendation from
the Planning Commission, the Township shall forward a copy to the
Erie County Department of Planning for review and report at the developer's
expense. Following review by the Erie County Planning Commission,
the plan shall be delivered to the Township.
E.
Action of the Board of Supervisors:
(1)
All applications for approval of a final plan, shall be acted
upon by the Board of Supervisors and a decision communicated to the
applicant not later than 90 days following the date of the regular
meeting of the Planning Commission (in which the application was first
reviewed) next following the date the application is filed or after
a final order of court remanding an application, provided that should
the said next regular meeting occur more than 30 days following the
filing of the application or the final order of the court, the said
ninety-day period shall be measured from the 30th day following the
day the application has been filed.
(2)
Approved final plans for recording shall bear signatures of
the members and the Secretary of the Board of Supervisors to a certified
statement that all plan procedure requirements have been met. Final
plans inconsistent with the approved preliminary plan will not be
approved.
(3)
If the applicant desires a time extension for the final plan
approval, a written request shall be made to the Township. The request
shall specify the reasons for the extension. The Township may grant
time extensions and they shall be for a period of 30 days. Additional
request for extensions may be made.
F.
Application fee and deposit. At the time of filing the application or plans, the applicant shall pay to the Board of Supervisors for the use of the Township, a fee to defray the cost of processing such plans and drafting same on the assessment maps of the Township and the cost to the Township of professional consultants. The fee and deposit shall be set by the Board of Supervisors at their annual reorganization meeting. The applicant shall also provide for the financial security required by § 334-903 of this chapter.
G.
Procedure for subdivision (including three lots or less):
(1)
The applicant shall contact the Erie County Health Department
(ECHD) to provide the following:
(a)
Complete a planning module form.
(b)
Have site investigation completed with Sewage Enforcement Officer
from the ECHD and applicants contractor (if needed).
(c)
Make a plot of area to be subdivided (dimensioned sketch).
(d)
Bring completed forms (a) and (c) to Fairview Township for tentative
approval and/or plan revision.
(e)
Make four copies of original and return to the ECHD.
(2)
The applicant shall have the property surveyed by a professional
land surveyor and provide the Township with a plat consisting of one
mylar and 10 prints which are notarized on behalf of the property
owner(s).
(3)
The applicant shall take the mylar, prints and subdivision application
to the Township for approval 15 days prior to the public meeting of
the Township Planning Commission for its review and recommendation.
If parcels are to be incorporated, new proposed deeds are required
with the submission.
(4)
Following the Township Planning Commission recommendation, the
Township shall deliver the mylar and 10 prints to the Erie County
Department of Planning for review and signing.
(5)
The Board of Supervisors decision shall be made at an advertised
meeting after receipt of the Erie County Planning Commission review.
The Supervisors' approval is valid for 90 days. Plans must be recorded
at Recorder of Deeds Office within 90 days of Supervisors' approval.
(6)
The applicant shall submit the plat for recording at the Erie
County Recorder of Deeds.
(7)
The applicant shall return the mylar and two prints to Fairview Township to be filed within 90 days of approval by the Supervisors. The subdivision deposit will then be refunded unless there is an incorporation [see Subsection G(8)]. Failure to return the mylar and two prints will result in a violation of this chapter and the owner/developer will be subject to the penalties set forth in Article VIII.
(8)
When a subdivision is also to be incorporated with other property,
the deposit will be held until a copy of the new recorded, incorporated
deed is received by the Township within 90 days of approval.
For any subdivision requiring final approval, the plan submitted:
A.
Shall be drawn on Mylar or other comparable permanent material and
shall be on sheets 18 inches by 24 inches, including a border of 1/2
inch on all sides except the binding edge, which shall be one inch.
More than one sheet may be used for larger tracts and must be of the
same scale and indexed. In addition, electronic drawings in pdf (or
other format approved by the Township) shall be required and approved
by the Township.
B.
Shall be drawn with waterproof black India ink or by other comparable
permanent processing and all records, data, entries, statements, etc.,
thereon shall also be made with the same type of ink or reproducible
lettering, except that contour lines, when shown, shall be drawn so
that the said contour lines will show faintly on a print made from
the said plan.
C.
Shall be drawn to a scale of one inch equals 100 feet (or greater)
and shall be of sufficient size to clearly show all notations, dimensions
and entries. All dimensions shall be shown in feet and decimals of
a foot.
D.
Shall contain a title block in the lower right corner with the following:
(1)
Name by which the subdivision will be recorded.
(2)
Location by municipality, county and state.
(3)
Parcel ID number.
(4)
Names and address of the owner or owners along with notarized
signatures.
(5)
Name of registered engineer or surveyor who surveyed the property
and prepared the plan.
(6)
North point, date and graphic scale.
F.
The final plan shall show:
(1)
Primary control points, approved by the Township Engineer, or
description and ties to which all dimensions, angles, bearings, and
similar data shall be referred.
(2)
Acreage/square footage of each lot.
(3)
Tract boundary lines, right-of-way lines of streets, sidewalks,
easements and other rights-of-way, and property lines of residential
lots and other sites with accurate dimensions, bearings or deflection
angles, radii, arcs and central angles of all curves.
(4)
Name and right-of-way width of each street and alley, paved
cartway width, crosswalks and clear site triangles.
(5)
Location, width, and clear sight triangles for access drives.
(6)
Location, dimensions and purpose of all easements, and identified
as either public or private.
(7)
Number to identify each lot or site.
(8)
Purpose for which sites other than residential are to be dedicated.
(9)
Building setback lines on all lots and sites.
(10)
Location and description of survey monuments.
(11)
Names of record owners of adjoining unplotted land.
(12)
Certification of professional engineer or surveyor as to the
accuracy of survey, and plat showing name, address, registration number
and seal.
(13)
Statement by the owner dedicating streets, other rights-of-way
and sites for public uses, and all easements labeled public or private.
(14)
Protective covenants, if any, in form for recording.
(15)
Such other certificates, affidavits, endorsements or dedications
as may be required in the enforcement of this chapter.
(17)
Postal boxes conforming to regulations of the United States
Postal Service.
(18)
Signature block for the Fairview Township Planning Commission
stating "The plan has been reviewed by the Fairview Township Planning
Commission" with signature lines and date.
(19)
Signature block for the Erie County Department of Planning stating
"The plan has been reviewed by the Erie County Department of Planning"
with signature lines and date.
(20)
Signature block for the Fairview Township Board of Supervisors
stating "The plan has been approved by the Fairview Township Board
of Supervisors" with signature lines and date.
(21)
Signature block for the Recorder of Deeds labeled "Recording
information" with a line for the map number.
G.
The following information shall be required as part of the final
plan and shall be prepared by a registered engineer or surveyor:
(1)
All information required for submission of the preliminary plan,
incorporating any changes requested by the Board of Supervisors.
(2)
Maps and approved plans showing the exact location and elevation
of all roads stormwater systems, public utilities, water wells, septic
systems, and other improvements that would be constructed within any
floodplain or coastal and bluff recession areas. All maps shall show
contours at intervals of two feet and accurately show the boundaries
of any floodplain or coastal and bluff recession hazard areas.
H.
The final plan submission shall also be accompanied by a developer
agreement, all required permits and related documentation from the
Pennsylvania Department of Environmental Protection, the Erie County
Department of Health, and any other commonwealth agency, or local
municipality where any alteration or relocation of a stream or watercourse
is proposed. In addition, documentation shall be submitted indicating
that all affected adjacent municipalities have been notified of the
proposed alteration or relocation. The Erie County Conservation District
shall also be notified whenever any such activity is proposed.
I.
Additional copies: In addition to the copies filed as required by
this section, an electronic copy of the approved final plan shall
be filed by the developer in a format approved by the Township (PDF,
CAD, etc.).
Any replatting, revision, or resubdivision of recorded plans
or any replatting, revision, or resubdivison of any approved final
plan which has not been recorded, excluding lot grading plans in a
subdivision, shall be considered as a new application and shall comply
with all requirements of this chapter, except as may be modified by
the Board of Supervisors.
Plans and data involving subdivisions of three lots or less
shall include, but not be limited to, the following:
A.
Planning module. A planning module shall be completed to determine
soil suitability for septic or sewage treatment with the Pennsylvania
Department of Environmental Protection through the Erie County Health
Department.
B.
The provisions of §§ 334-401 through 334-404 and § 334-406 will be waived for subdivisions of three lots or less and the following requirements will become applicable:
(1)
The proposed plan shall be drawn at a scale of one inch equals
100 feet (or greater).
(2)
The proposed plan shall be legibly drawn on mylar or comparable
permanent material 18 inches by 24 inches and 10 copies.
(3)
The plan shall show, or be accompanied by, the following:
(a)
Description of covenants.
(b)
Title and signature blocks.
(c)
Proposed use of the land.
(d)
Lot lines, dimensions, and land area of proposed lot and the
area remaining in the original parcel.
(e)
Existing structures, streets, alleys, access drives, sidewalks,
driveways, clear site triangles, and/or easements on or adjacent to
the tract.
(f)
Available utilities (indicated if public sewer or water/location
shown if septic, water well or gas well).
(g)
Statement by the owner dedicating streets and rights-of-way
for public use and easements labeled private and public.
(h)
Names of abutting property owners.
C.
Preliminary and final plans. Conformance to the above requirements
may replace the preapplication, preliminary and final plan requirements.
Where, owing to specifically cited special conditions, a literal enforcement of this chapter would result in unnecessary hardship, the Board of Supervisors may make such reasonable modification thereto as will not be contrary to the public interest, and may permit the sale of a lot, issuance of a permit, or erection of a building, subject to conditions necessary to assure adequate streets and other public improvements. All requests shall be made in writing and shall specify the modification requested. Prior to acting on the modification, the request shall be referred to the Township Planning Commission for their review and comment. (See § 334-802.)
A.
As-built drawings are required to enable the Township to release
financial surety posted for that purpose and to provide for an accurate
record of the improvements provided by the developer.
B.
As-built drawings shall be submitted to the Township no later than
90 days following completion of the construction and installation
of the improvements. Should the plans not be submitted in that time,
the financial surety may be utilized to fund the Township engineer
to prepare said drawings and charge such fees and costs as normally
charged to the Township.
C.
Failure to submit the required drawings shall also be a violation
of this chapter.
