A.
Required information. The following materials and information shall be submitted with an application for review and approval of a major preliminary land development plan and/or a major preliminary subdivision plan. In addition, for conservation by design development submissions, such development shall comply with the design requirements of Article VIII of this chapter (and, in particular, the greenway land design standards of Sections 800 and 801[1]) as well as the standards of Conservation Design Overlay District standards of Article XIV of the Hamiltonban Township Zoning Ordinance.[2]
(1)
Eight copies of the major preliminary land development plan and/or major preliminary subdivision plan shall be submitted and shall be drawn to a scale not smaller than 100 feet to the inch.
(2)
Name of the proposed subdivision or land development.
(3)
A key map, if the plan is prepared in two or more sections, drawn at a scale that enables the entire development to be legibly read on one sheet.
(4)
A sheet index that identifies each sheet in the plan set according to the information (for example, existing conditions, demolition plan, site plan, grading plan, utility plan, soil erosion and sedimentation control plan, stormwater management plan) presented on each sheet.
(5)
The limits and dimensions of the tract(s) to be subdivided or developed and the proposed name or identifying title of the subdivision or land development, the date [along with the date(s) of all plan revisions], a written and a graphic scale, a North point, and the tract's (tracts') present deed reference(s) by book(s) and page(s).
(6)
The Tax Map and parcel number assigned to the property by the Adams County Tax Services Office.
[Amended 5-19-2021 by Ord. No. 2021-05]
(7)
The total acreage of the existing property, expressed as both net and gross lot area. A lot area summary table shall be included that provides a summary of the individual net and gross lot areas for the pre and post subdivision condition.
(8)
Dimensions for the entire property boundary shall be in feet and decimals. Bearings shall be in degrees, minutes, and seconds. Lot lines, street right-of-way lines, and easement lines shall be show with distance and bearings. The description shall not have an error of closure greater than one foot in 10,000 feet. If it is the intention of the landowner to retain a single lot with a lot area in excess of 10 acres, the boundary of that lot may be identified as a deed plotting and may be drawn at any legible scale.
(9)
The applicable zoning district, any zoning district lines, applicable dimensional requirements, details of any requested zoning amendments, the date of approval and any conditions of approval for variances, conditional uses, or special exception in accordance with Chapter 375, Zoning. Any modifications of the requirements of this chapter.
(10)
Existing streets, both public and private, including the name, widths of the right-of-way and cartway, and restrictions and/or conditions relating to private roads, the location, alignment, width and tentative names of all proposed streets, both pubic and private, and street rights-of-way, including all street extensions or spurs that are reasonably necessary to provide adequate street connections and facilities to adjoining development or undeveloped areas.
(11)
The location and dimensions of existing property lines, buildings, railroads, easements, rights-of-way and land reserved for public purposes, streams and wetlands, and the location, courses and dimensions of existing sanitary and storm sewer and water facilities.
(12)
The location and dimensions of proposed easements, buildings, property lines, building setbacks, rights-of-way and land reserved for public purposes, and the location, courses and dimensions of proposed, sanitary and storm sewer and water facilities. Also, for conservation by design development submissions, the location of the proposed greenway lands shall also be shown.
(13)
Existing/proposed property corner markers shall be identified on the plan in terms of the size, type, and status of placement.
(14)
Existing topographic contours at not more than a two-foot vertical interval for land with an average natural slope of 10% or less, and a five-foot vertical interval for land with an average natural slope exceeding 10%. The location and elevation of the bench mark(s) to which contour elevations refer. The Planning and Zoning Commission may also require supplemental plans showing proposed final contour.
(15)
The name, address and telephone number of the owner and developer, the name, seal and signature, address and telephone number of the engineer, landscape architect or surveyor who prepared the plan, and the names and deed references by book and page number of the owners of adjoining tracts.
(16)
A location map taken from the applicable USGS quadrangle at a scale of not less than one inch equals 2,000 feet, showing the proposed subdivision or land development in relation to adjacent properties and existing streets in that vicinity of the Township.
(17)
Existing and proposed uses of the subject property and existing uses of all adjacent properties, existing buildings, wells and septic systems on adjacent lots within 100 feet of the subject property.
(18)
Signed certification statement by a registered surveyor or registered engineer certifying to the accuracy of the survey and plan.
(19)
Signed and notarized statement certifying that the undersigned applicant has legal or equitable title in the land shown on the respective plan, and a dedicatory statement to the Township for proposed Township streets, public utility easements and/or lines, or other proposed Township improvements.
(20)
A complete outline of existing deed restrictions or covenants applicable to the subject property.
(21)
An outline of any proposed deed restrictions or covenants.
(22)
When a plan proposes development of a property in phases, a supplementary plan shall be provided, indicating the ultimate development and the individual phases. The applicant shall also provide a schedule indicating the timing of the phases. Said schedule shall be updated annually with the Township following preliminary plan approval. Said schedule shall also comply with the development phasing requirements of § 320-36 of this chapter.
(23)
A listing of all required federal, state and local reviews, permits and/or approvals and the agencies involved.
(24)
The location of all parcels of land to be dedicated to the Township to achieve the requirements of this chapter with regard to parks and recreation land dedication. If the applicant chooses to pay a recreation fee in lieu of dedicating parks and recreation land, or proposes a combination of parks and recreation land dedication and payment of recreation fees, the total amount of the recreation fee to be paid shall be calculated in accordance with the provisions of this chapter and listed on the plan.
(25)
No plan which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plan contains the following notice: 'A highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945, P.L. 1242, No. 428,[3] known as the "State Highway Law," before driveway access to a state highway is permitted. Access to the state highway shall be only as authorized by a highway occupancy permit.' [See 53 P.S. § 10508(6), as amended.]
(26)
Any other information deemed by the Board of Supervisors to be necessary to determine conformity of the plan with the intent and regulations of this chapter.
(27)
If land to be subdivided/developed lies partly in or abuts another municipality, the applicant shall submit information concerning the location and conceptual design of streets, layout and size of lots and provisions of public improvements on land subject to his control within the adjoining municipalities. The design of public improvements shall provide for a smooth, practical transition where specifications vary between municipalities. Evidence of approval of this information by appropriate officials of the adjoining municipalities also shall be submitted.
(28)
Recommendation and approval blocks for the Chairman and Vice Chairman of the Planning and Zoning Commission, the Chairman and Vice Chairman of the Board of Supervisors, as well as a signature line for the Township Secretary to attest, and the Adams County Office of Planning and Development shall be provided.
(29)
Draft community association document, where such an association will be required to own and manage lands and/or public serving facilities such as roads and stormwater management facilities. Such document shall demonstrate that said associations ownership and management of lands and/or public serving facilities shall be in accordance with applicable Township regulations. For conservation by design development projects, any community association document shall specifically meet the content requirements of Section 1408.B.3 of the Hamiltonban Township Zoning Ordinance.[4] All draft community association documents shall be reviewed by the Township Solicitor.
(30)
Documentation that the submission complies with the planning and design standards established in § 320-34 of this chapter. For conservation by design development projects, this documentation shall be incorporated into the preliminary resource impact and conservation plan submission required by § 320-19B(12)(c) of this chapter.
B.
Supplementary information. The following supplementary materials and information shall be submitted with an application for review and approval of a major preliminary land development plan and/or a major preliminary subdivision plan where applicable and where determined by the Township Planning and Zoning Commission and/or Township Supervisors to be necessary. Required supplementary materials shall be provided with all copies of the submission unless otherwise noted below.
(1)
Cross-section drawings for all proposed public streets and private streets, showing rights-of-way, cartway widths, location of sidewalks, curbs, and planting strips. The cross-section drawings shall provide details regarding pavement thickness, crowning, and construction materials.
(2)
Profile drawings of all proposed streets showing existing and proposed grades. Profile drawings shall maintain a ratio of 1:10 vertical to horizontal. Profile drawings shall include both a vertical and horizontal alignment on the same sheet along with all proposed infrastructure.
(3)
Plans and profiles of proposed sanitary and storm sewer systems, water distribution systems and any other pertinent utilities. Such plans shall include tract boundaries, lot lines, existing and proposed streets, grades, elevations, pipe sizes and the location of valves, manholes, inlets and fire hydrants.
(4)
Sewage planning documentation pursuant to the rules and regulations of the Pennsylvania Department of Environmental Protection. Such documentation shall be prepared in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection. When deemed necessary, sewage facilities planning modules shall include, but shall not be limited to, the following information:
(a)
A plot plan indicating within the site the location of existing and proposed buildings, lot lines, sewage or sewerage systems, all sources of water supply such as wells, springs, ponds, streams, and other bodies of water, rights-of-way, streets, roadways, highways, and access routes.
(b)
Location and results of preliminary soil percolation tests, including all failed test sites or pits as well as those approved, and including an approved alternate site for each lot requiring a sand mound system. All approved sites shall be clearly distinguished from unapproved sites. Tests shall be conducted by a Pennsylvania Department of Environmental Protection certified Sewage Enforcement Officer approved by the Township, in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection. Such soil percolation tests shall be required in conjunction with all preliminary plan applications, unless waived in advance, in writing, by the Township and the Department of Environmental Protection.
(c)
Information relating to the type of water supply and sewage supply provided or to be provided, including soil conditions and limitations for on-lot sewage disposal, if applicable.
(d)
Information relating to adjacent properties, buildings, sources of water supply, ponds, streams, sewage, or sewerage systems, rights-of-way and streets that may have a significant effect on the environmental and sanitary aspects of the proposed subdivision or development.
(e)
Direction to north, direction of slopes and degree of slope.
(f)
Direction and distance to the nearest sewage treatment plant and information as to its present or future accessibility in terms of time, finances and load capacity, as well as the sources of this information.
(g)
Signatures of the applicant, the Township Sewage Enforcement Officer, the Township Secretary, the Township Planning and Zoning Commission Secretary, and the County Office of Planning and Development.
(5)
On-site wetland status.
(a)
All plans shall contain a note regarding the status of wetlands on site, based upon a minimum of three factors:
(b)
If wetlands are present or suspected on site, the plan shall clearly state whether or not any disturbance of these areas is proposed. Where deemed necessary by the Township Board of Supervisors upon recommendation by the Township Planning and Zoning Commission, an analysis of wetland conditions on the subject property shall be performed. Such analysis shall be prepared by a recognized professional wetlands consultant and shall clearly state the existence or nonexistence of any wetlands and shall delineate the field determined boundaries of those areas, should they exist. A note shall also be added which states that Hamiltonban Township assumes no responsibility with regard to wetlands analyses and delineations. Plans shall also include the location and boundaries of any 100-year floodplain and/or floodway within the subject property as identified on the latest edition of FEMA's Flood Insurance Rate Maps for the Township.
(6)
Whenever a subdivision or land development proposes earthmoving, construction or development of any type, the major land development plan or major subdivision plan shall include an erosion and sedimentation control plan consistent with the following:
(b)
If earth disturbance activities are in excess of one acre, the plan shall also be submitted to the Adams County Conservation District for review and determination of adequacy. Where a site has potential to discharge to waters of the commonwealth classified as high-quality or exceptional value pursuant to Chapter 93[7] (portions of Toms Creek, Middle Creek, Antietam Creek, Carbaugh Run, and associated tributaries of these creeks), a copy of the plan shall be submitted to the Conservation District for review and determination of adequacy. An NPDES permit may be required when earth disturbance activities exceed one acre.
(c)
Under any other circumstance, the Board of Supervisors may, at its discretion, request a review and determination of adequacy from the Conservation District for any erosion and sedimentation control plan. Should an NPDES permit be required, final plan approval shall not be provided by the Township until permit coverage is received.
(d)
For all plans, a clearly defined and measurable limit of disturbance (LOD) boundary that depicts the anticipated earth disturbance over the life of the project shall be included. Further, the total area of disturbance shall be calculated and provided as note on the plan.
(7)
Whenever a subdivision or land development is subject to the requirements of § 320-32, the applicant shall submit two copies of a traffic impact study for the Township's review and approval. The traffic impact study shall be prepared in accordance with the criteria set forth in § 320-32 and the recommendations of the Township Engineer.
(8)
Whenever a subdivision or land development is subject to the requirements of § 320-33, the applicant shall submit two copies of a groundwater availability study for the Township's review and approval. The groundwater availability study shall be prepared in accordance with the criteria set forth in § 320-33 and the recommendations of the Township Engineer.
(9)
The following note, as written herein, shall be added to every major land development plan and major subdivision plan filed with the Township:
AGRICULTURAL NUISANCE DISCLAIMER |
|---|
The lands depicted on this subdivision/land development may be located adjacent to or be involved in a normal agricultural operation as defined by Pennsylvania Act 133 of 1982, as amended, "The Right to Farm Law."[8] If you purchase land that is depicted on this subdivision/land development and said lands are involved in a normal agricultural operation or located adjacent to lands protected by Pennsylvania Act 133 of 1982, as amended, you may be prohibited from filing a nuisance action against the operators of the normal agricultural operation. In addition, owners, residents, occupants and users of this property may be subjected to, and should be prepared to accept, such inconvenience, discomfort, and the possibility of injury to property and health arising from normal agricultural practices and operations, including, but not limited to, noise, dust, odor, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, and the application of fertilizers, soil amendments, herbicides and pesticides. |
(10)
Subdivision and land development plans that propose any earthmoving activity shall be subject to the planning and design standards of § 320-34 of this chapter. Documentation shall be provided as part of any preliminary application to demonstrate how these standards are achieved as part of the development's design and to identify specific conservation practices that will be employed during construction.
(11)
Whenever a subdivision or land development involves nonresidential development, the plans shall be submitted by the applicant to the Fire Chief for review and comment in accordance with the Fire Department's fire protection development standards. Similarly, residential projects consisting of multiple structures on a single property, any residential project involving new street construction (whether public or private), or a residential subdivision of greater than five new dwelling units shall also be submitted for review and comment by the Fire Chief. The Fire Chief shall have 45 days following receipt of the plan to provide comments to the Township for consideration.
(12)
For development involving the conservation by design process, the following additional information shall be submitted with the preliminary plan:
(a)
Site context map, prepared in accordance with § 320-16B(1)(a).
(b)
Existing resources and site analysis plan (ERSAP), prepared in accordance with § 320-16B(1)(b).
(c)
Preliminary resource impact and conservation plan, prepared in accordance with the following.
[1]
A preliminary resource impact and conservation plan shall be prepared for all subdivision and land development applications to categorize the impacts of the proposed activities and physical alterations on those resources shown on the existing resources and site analysis plan (ERSAP). All proposed improvements, including but not necessarily limited to grading, fill, streets, buildings, utilities and stormwater detention facilities, as proposed in the other preliminary plan documents, shall be taken into account in preparing the preliminary resource impact and conservation plan, which shall clearly demonstrate that the applicant has minimized site disturbance to the greatest extent practicable.
[2]
Using the existing resources and site analysis plan as a base map, impact areas shall be mapped according to the following categories:
[a]
Primary impact areas, i.e., areas directly impacted by the proposed subdivision.
[b]
Secondary impact areas, i.e., areas in proximity to primary areas which may be impacted.
[c]
Designated protected areas, either to be included in proposed greenway lands or an equivalent designation such as dedication of a neighborhood park site.
(d)
Limit of disturbance (LOD) line, which shall be depicted in exact relation to greenway lands, natural features (especially wooded areas and individual trees), historic resources, cultural resources, and other resources to be conserved.
(f)
Plan sheets depicting the results of the four-step design process conducted at the preapplication meeting(s). One sheet shall be provided, depicting the results of each step of the design process. Where the lot layout shown in the preliminary plan differs from the lot layout resulting from the four-step design process conducted at the preapplication meeting(s), the applicant shall update the four-step design sheets accordingly and provide documentation indicating why the lot layout adjustments were warranted.
(g)
Preliminary greenway lands ownership and management plan shall be submitted. The preliminary plan shall depict the boundaries, acreage, and proposed ownership of all proposed greenway lands. In addition, documentation shall be submitted that details the entities responsible for maintaining various elements of the greenway lands portion of the development and that describes the management objectives and techniques for each part of the property. The preliminary greenway lands ownership and management plan shall be coordinated with any draft community association document as required in § 320-19A(22), where a community association will be created to own and manage at least a portion of the proposed greenway lands. Further, the preliminary greenways lands ownership and management plan shall reflect the greenway land and common facilities ownership and maintenance options established in Section 1408 of the Hamiltonban Township Zoning Ordinance.[10]