The standards, requirements, and procedures contained in this
article shall govern the filing and processing of all applications
for subdivision and/or land developments in Cheltenham Township.
All applications for subdivision and/or land development shall
be classified as sketch plans, preliminary plans, final plans, or
minor plans, as further regulated herein. Figure 3.1[1] below graphically presents the general plan processing
procedure.
E.
Each plan, whether sketch, preliminary, final, or minor plan, shall be filed one at a time. No subsequent plans shall be filed until a decision on the preceding plan has been reached, except when preliminary/final plan approval is sought by the applicant; in such case, the applicant shall file their proposal cumulatively in accordance with the requirements of §§ 260-15 through 260-18 of this chapter.
F.
The Board of Commissioners reserves the right to separate preliminary
and final plan approval after joint preliminary/final plan application
is filed, such that preliminary plan approval is a separate action
of the Board from final plan approval.
[1]
Editor's Note: Said figure is on file in the Township offices.
A.
Purposes. A sketch plan is not required of any subdivision or land
development applicant and is entirely voluntary. The purposes served
by a sketch plan are as follows:
(1)
To inform Cheltenham Township of an applicant's intent to subdivide
and/or develop a property and graphically show the concepts and extent
of the proposal.
(2)
To allow Cheltenham Township to provide the applicant with its informal
advice and guidance, which shall not be binding on the Township, so
that:
(3)
To show how a tract of land may be further subdivided or developed
in cases where only a portion of a property is currently under an
active proposal.
(a)
A sketch plan may be shown on the preliminary plan for the subject
site in the form of a reduced-scale inset drawing, although larger
scale drawings are encouraged for review and discussion purposes.
(4)
Sketch plans shall have no legal standing with regard to the formal
plan approval process mandated by the Pennsylvania Municipalities
Planning Code, but are recommended and will be considered as a tool
for informal discussion and nonbinding guidance regarding future development
issues.
B.
Sketch plan information. It is recommended that a sketch plan be
drawn clearly and legibly in a manner that can be reproduced electronically
or printed, and, when printed, to a scale of not greater than 1:200,
but it need not be a precisely surveyed or engineered plan, and it
is recommended to show the following information:
(1)
The entire tract boundary, total acreage, and acreage of each lot.
(2)
Existing and proposed streets, lots, buildings, approximate building
envelopes, setbacks and other improvements.
(a)
This plan shall show a logical and efficient pattern of roads,
lots, and/or buildings, as appropriate for the type of plan proposed
and shall not be acceptable if it proposes lotting or development
that would adversely impact floodplain, steep slopes, or other important
site features.
(3)
Significant physical or environmental features including but not
limited to floodplain, steep slopes, woodlands, hydric soils, streams,
and existing structures.
(4)
Contour lines at five foot to ten foot intervals, based on USGS datum.
(5)
Approximate locations for stormwater control facilities, if necessary.
(6)
Location plan showing the relationship of the subject tract to the
surrounding road network and major physical features (i.e., streams,
rail lines, etc.).
(7)
North arrow and scale.
(8)
Name and address of the owner.
(9)
Zoning district information.
(10)
Name and address of the engineer, surveyor, architect, or plan
preparer.
(11)
Any additional information which the applicant believes will
help explain the proposal.
C.
The applicant shall make a request to the Cheltenham Township Director
of Planning and Zoning or other designated person to be scheduled
on the meeting agenda of the Cheltenham Township Planning Commission
for presentation and discussion of the sketch plan, provided the plan
is received at least 10 business days prior to the next Cheltenham
Township Planning Commission meeting. However, if an applicant desires
their sketch plan to be reviewed by the Township Engineer, a professional
services agreement and escrow shall be established by the applicant.
The Cheltenham Township Planning Commission, followed by the
Public Works Committee of the Board of Commissioners and copying the
respective Board of Historical Architectural Review, if applicable,
shall review sketch plans in accordance with the criteria contained
in this chapter and with other applicable codes, ordinances, plans,
and legal requirements. The applicant shall file eight paper copies
plus one digital copy of the sketch plan for review. The Commission
members shall discuss the plan with the applicant and advise the applicant
as promptly as possible of the extent to which the proposed subdivision
or land development conforms to the Cheltenham Comprehensive Plan
and relevant standards of this chapter, and will discuss possible
plan modifications that would increase its degree of conformity. The
applicant may also choose to submit alternative sketch plans. Aspects
of the sketch plan that may be evaluated include but are not limited
to:
A.
The location of all areas proposed for disturbance (streets, foundations,
yards, septic disposal systems, stormwater management areas, etc.)
with respect to notable features of natural or cultural significance
as identified on the applicant's plan.
B.
The potential for street connections with existing streets, other
proposed streets, or potential developments on adjoining parcels.
C.
The location of proposed access points along the existing road network.
D.
The general location and extent of open space, preserved land, and
trail system.
E.
The location and extent and configuration of buildings, parking lots,
and common areas in multifamily and commercial developments.
F.
The proposed building density and impervious coverage.
G.
The compatibility of the proposal with respect to the objectives
and policy recommendations of the Cheltenham Comprehensive Plan, the
Cheltenham Township Open Space Plan, the Cheltenham Township Revitalization
Plan, and other pertinent Cheltenham Township plans and studies, as
updated.
I.
Impacts on neighbors.
J.
Consistency with neighborhood character.
This section contains the requirements for preliminary plans
for subdivisions and/or land developments in terms of drafting standards,
basic information, existing features, and proposed features.
A.
Drafting standards. Plans shall be professionally prepared in compliance
with the following:
(1)
The plans shall be produced in a manner so that when printed on sheet
media in compliance with the following standards the resulting plans
will be at a standard engineering scale not exceeding 50 feet to the
inch.
(2)
Printed sheet size shall be 11 inches by 17 inches or 18 inches by
30 inches or 24 inches by 36 inches, appropriately related to the
scale of the drawing.
(3)
All printed sheets shall be the same size, and be numbered relative
to the total number of sheets (i.e., 1 of 5, etc.)
(4)
Where two or more printed sheets are needed to show the entire tract,
a reduced scale key plan shall be provided to show how the sheets
fit together. Match lines shall be shown.
(5)
A reduced scale plan of the entire site at a scale greater than 100
feet to one inch may be required in cases where it would facilitate
the review and approval process. Applicants are encouraged to submit
such plans in cases where they are not required.
(6)
Property lines shall be drawn and labeled in conformance with the
Act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Surveyor,
and Geologists Registration Act,"[1] and accepted surveying and civil engineering practices,
including dimensions shown in feet and decimal fractions thereof,
and bearings shown in degrees, minutes, and seconds.
(a)
Any property line which abuts a street or other public way shall
be measured from the legal or ultimate right-of-way.
(b)
Property lines to be eliminated where two or more lots are proposed
to be joined in common deed should be properly noted and depicted
on the boundary to be removed.
[1]
Editor's Note: See 63 P.S. § 148 et seq.
B.
Basic information. All preliminary plans shall show the following
basic information:
(1)
Name of the subdivision or land development.
(2)
Name, address, and phone number of applicant and of the owner of
record.
(3)
Name, address, email, and phone number of the firm which prepared
the plan and professional seal of the individual certifying its accuracy
and compliance with applicable standards.
(4)
Date of preparation of the plan and a descriptive list of revisions
to the plan, and the revision dates.
(5)
North arrow and scale displayed in graphic and written form.
(6)
Location plan showing the relationship of the subject tract to the
surrounding road network, adjacent properties, and major physical
features.
(7)
Entire tract boundary with bearings and distances and total tract
acreage, including lot numbers and acreage or square foot area of
each lot.
(8)
List of the basic dimensional and density requirements of the applicable
zoning district, compared to the applicant's proposal.
(9)
Zoning classification(s) of all lands abutting the proposal.
(10)
Names of all current owners of immediately adjacent lands.
(11)
Statement showing:
(a)
Number of acres under proposal (net and gross acreage should be indicated in accordance with Chapter 295, Zoning, of the Township Code).
(b)
Number of lots and/or dwelling units and total building area.
If existing buildings are to be reused, the building area should be
expressed as existing building area and additional building area.
(c)
Number of open space or commonly held lots and land areas. The
total acreage of these shall be indicated.
(12)
Description of variances or special exceptions approvals, conditions
of their approval, and the dates they were granted, if any.
(13)
Description of all deed restrictions, including conservation
and environmental, easements, or other covenants affecting the property
or development of the tract. The following information shall be included:
the parties to the agreement, the beneficiary(ies) of the restrictions,
easements and covenants, the title of the document or instrument creating
the restrictions, easements and/or covenants, and a reference to their
deed and page book recording location.
(14)
Requirements of any other local ordinance which may affect the
proposal.
(15)
Legend which shall be sufficient to indicate clearly between
existing and proposed conditions.
(16)
Name and address of the owner of record, if different from the
applicant.
(17)
Tax parcel number(s) of all parcels being subdivided or developed.
(18)
Deed book and page numbers for all parcels being subdivided
or developed.
(19)
Note which states "Preliminary plan: not to be recorded."
(20)
Contour lines at vertical intervals of not more than two feet
for land with natural slopes averaging 5% or less, and not more than
five feet for land with natural slopes averaging more than 5%.
(21)
Owner's statement of intent block, which indicates the owner's
intent for the application by summarizing the proposal.
(22)
Reserved space for signature blocks for Cheltenham Board of
Commissioners President, Township Secretary, Cheltenham Township Planning
Commission Chair, Township Engineer, Notary, and the Montgomery County
Planning Commission at a size and in a location according to their
latest requirements.
C.
Existing features plan. Within the tract proposed for subdivision
and/or land development, and within 200 feet of the tract boundaries,
the following information shall be shown on the preliminary plan:
(1)
Tract boundary lines, easements, deed restrictions, current owners
of the subject and neighboring properties, and current uses of each.
(2)
Streets, including alleys and unopened streets, bordering or crossing
the tract, including:
(a)
Locations and distances to nearest intersection off the drawing.
(b)
Names.
(d)
Center-line courses, distances, and curve data.
(e)
Cartway and paving widths.
(f)
Curblines.
(g)
Radii at intersections.
(h)
Street location tie-ins to nearest intersection by courses and
distances.
(i)
Sight distance at existing intersections.
(j)
Location and type of all existing traffic control signs, line
striping, signals, and devices.
(k)
Surface conditions.
(l)
Location of driveways, curbs and their radii, sidewalks, trails,
traffic signals, line striping, streetlighting, and any signs, whether
public or private.
(3)
Water resources, including:
(a)
Watershed designation.
(b)
Lakes and ponds.
(c)
Vernal pools and seeps.
(d)
Wetlands, swamps, marshes, and riparian buffers.
(e)
Watercourses and their sizes in addition to any springs.
(f)
Existing well locations: in use, capped, and abandoned.
(g)
Flood-prone or floodplain areas including, where applicable,
the base flood elevation using data from FEMA studies, plus a note
indicating the source of hydrologic and hydraulic data for 100-year
flood limits, or Montgomery County Soil Survey when applicable, as
determined appropriate by the Cheltenham Township Engineer for the
watercourse(s) affecting the site.
(6)
Other existing stormwater and/or erosion control facilities, including:
(7)
Existing vegetation. Only vegetation within the tract boundaries
need to be shown on the plan. This includes overhanging branches from
neighboring tracts. The following information shall be gathered and
attested to by an arborist, or other professional who is certified.
[Amended 12-16-2020 by Ord. No. 2415-20]
(a)
Information about the location, size, species, condition and
possible remediation of all trees three inches dbh or greater. Trees
shall be given an identification number and located on the existing
features plan with the identification number and a symbol that represents
the canopy of the tree. This symbol can be based on a standard-sized
tree of similar dbh, or preferred, on the actual dripline. This symbol
shall also indicate whether the tree is to remain (to be preserved)
or to be removed. Tree size (dbh), species, condition and possible
remediation shall be entered on the plan in table form, similar to
Figure 3.1-Tree Inventory. Existing trees and vegetation proposed
to comply with any landscaping requirements of this chapter shall
be indicated as such on the plan.
|
Figure 3.1. Tree Inventory
 |
(b)
Outer limits of woodlands edge and a general description of
tree types, sizes, and conditions.
(c)
Specimen trees of significant size, type, or historical/community significance. Identify all specimen trees greater than 24 inches diameter at breast height (dbh) on plans. A waiver of § 260-15C(7)(a) ("Location, size, species. . .") above does not include a waiver of this provision.
(d)
Notwithstanding § 260-304C, only vegetation within
the tract boundaries need be shown on the plan. This includes any
vegetation on adjacent tracts whose canopy overhangs the tract boundaries.
(10)
Contour information, including:
(a)
Contour lines at a vertical interval of one foot for land with
natural slopes averaging 2% or less and a maximum of two feet for
land with natural slopes averaging greater than 2%.
(11)
Other man-made features, including:
(a)
Location, size, character, and configuration of existing buildings
or structures, driveways, parking lots or any type of paved surface
on the subject tract, labeled "to remain" or "to be removed" as applicable.
(b)
Location and description of existing buildings and other structures
less than 400 feet beyond the tract boundaries. A high-definition
aerial photograph may be used to satisfy this requirement, provided
that the aerial photograph was captured within one year of the latest
plan submission.
(c)
Location, type, and ownership of utilities (including, but not
limited to, electrical, cable, fire hydrants, gas lines, water lines,
and other utilities, etc.), both above- and below ground, on both
sides of street rights-of-way and within 50 feet of the tract or project
boundary with notes to describe:
(d)
Other man-made topographical or other features that may affect
the potential layout of lots and buildings.
(12)
Other information as recommended by the Township Planning Commission
or deemed necessary by the Board of Commissioners.
D.
Proposed features and lotting plan. Within the tract proposed for
subdivision and/or land development, the following information shall
be shown on the preliminary plan:
(1)
Tract boundary lines, existing and proposed easements, existing and
proposed deed restrictions, and current owners of the subject tract.
(2)
Any features from the existing features plan which may affect the
potential layout of lots, buildings, and other improvements.
(3)
The quantity and layout of the areas of natural features conserved according to the criteria for conservation of natural resources in open space in § 260-31C of this chapter.
(4)
Subdivision and/or land development layout.
(a)
Proposed streets, alleys, driveways, and parking areas, including:
[1]
Names or other identification.
[2]
Right-of-way widths and lines.
[3]
Cartway and paving widths.
[4]
Center-line courses, distances, and curve data.
[5]
Curblines.
[6]
Radii at intersections.
[7]
Street location tie-ins to nearest intersection by courses and
distances.
[8]
Tentative grades to an existing street at a point of 400 feet
beyond the boundaries of the subject tract.
[9]
Capacity of parking areas showing individual parking spaces,
loading spaces, accessible parking and reserved aisles, dumpster locations,
and reserved areas for compact cars and/or carpooling.
[10]
Sight distance at proposed intersections with
existing streets.
[11]
Location and type of all traffic control signs,
line striping, signals, and devices proposed to be installed.
[12]
Rights-of-way or access easements proposed for
storm drainage facilities/areas.
[13]
Plan of streetlighting indicating location and
type of fixtures to be installed.
(b)
Layout and dimensions of all lots, as defined within Chapter 295, Zoning, of the Township Code, and the proposed use of any nonresidential lots shall be noted.
(c)
Water resources and other natural features identified in § 260-15C(3) and (7), respectively, above.
(d)
Depth of water table, along with the location of test borings,
where applicable.
(e)
All building setback lines (including existing buildings to
be used).
(f)
All parking setback lines where applicable.
(g)
Buffer yard and screening setbacks where applicable.
(h)
Proposed sidewalk, trail, or other walkway locations.
(i)
Proposed buildings, including:
[1]
Locations, including existing and proposed buildings, existing
and proposed trees and plantings, and to control points and monuments.
[2]
Configurations.
[3]
Sizes (ground level floor area, total floor area, number or
stories, and height).
[4]
Total building coverage (square feet and percentage of site).
[5]
Locations, configuration, and types of accessory structures.
[6]
Ground floor elevations.
[7]
All points of ingress and egress.
(j)
Soil types with their limitations based on the latest USGS soil
data.
(k)
(l)
(m)
Where development of less than the entire tract is intended,
or where the tract is intended to be developed at less than maximum
density, a sketch development plan for the entire parcel or the portion
of the parcel not proposed to be developed shall be provided.
(n)
Impervious coverage area calculations.
(o)
Proposed landscaping plan, which shall be prepared, signed and
sealed by a landscape architect licensed in the Commonwealth of Pennsylvania,
including:
[1]
Existing vegetation to be removed.
[2]
Existing vegetation to be preserved, including documentation
of tree protection area measures.
[3]
A plan of proposed plantings showing the locations of natural
feature preservation, street trees, parking lot landscaping, stormwater
facilities landscaping, and any required buffer areas and site landscaping.
[4]
Proposed planting schedule, including the quantities, location,
species, and installation sizes of plantings, as per American Standard
for Nursery Stock (ANSI) Z60.1 2004, most current edition.
[5]
Existing and proposed contours including related landscape features
such as earth berms and water features.
[6]
Other planting areas managed for naturalized settings.
[7]
Documentation of existing and proposed stormwater management
features.
[8]
Existing and proposed utilities.
(p)
Proposed outdoor lighting plan.
[1]
Proposed fixtures in roadways, parking lots, and other public
areas, including fixtures intended to enhance building security.
[2]
A detailed ten-foot grid showing the horizontal maintained footcandle
levels at grade, to the boundary of the site or past the boundary
until the illumination values reach 0.0 footcandles. Illumination
levels at the property boundary shall be no greater than 0.5 footcandles.
[3]
The minimum and average, and maximum maintained illumination levels for the areas being illuminated to demonstrate compliance with lighting requirements in Cheltenham Township including, but not limited to, those requirements of § 260-79 and Chapters 235 and 295 of the Township Code.
[5]
Manufacturer's cut sheets and specifications.
(5)
Grading and drainage plan. The following information shall be shown
on the preliminary plan:
(a)
Proposed contours for the entire site at a vertical interval
of one foot for land with natural slopes averaging 2% or less, and
a maximum of two feet for land with natural slopes averaging greater
than 2%.
(c)
Stormwater management and erosion control and sedimentation
facilities, including:
[1]
Basins and underground detention facilities.
[2]
Swales, rain gardens, and infiltration areas.
[3]
Diffusion devices.
[4]
Velocity controls.
[5]
Pipe locations.
[6]
Pipe sizes, lengths, and materials.
[7]
Direction of flow.
[8]
Gradient of flow.
[9]
Inlets, catch basins, outfalls/headwalls, channels, and manholes
including rim and invert elevations.
[10]
Invert elevations.
[11]
Design calculations for these facilities shall
be submitted in report form with a note on the plan referencing the
report.
(d)
Indicate existing trees to remain and proposed tree protection
areas measures.
(6)
Infrastructure plan.
(a)
Drafting standards. The same standards shall be required for
an improvement construction plan as for a preliminary plan, except
that the horizontal scale of the plan and profile shall not be in
excess of 50 feet to the inch and the vertical scale of the plan shall
be two feet, five feet, or 10 feet to the inch, whichever is appropriate.
(e)
Finished floor elevations of proposed buildings.
(f)
Municipal waste disposal facilities.
(g)
Location, type, and ownership of the elements and facilities
of utilities, both above- and below ground, with notes to describe:
(7)
Cross sections, profiles, and preliminary structural designs. The
following shall be provided:
(a)
Drafting standards. The same standards shall be required for
an improvement construction plan as for a preliminary plan, except
that the horizontal scale of the plan and profile shall not be in
excess of 50 feet to the inch and the vertical scale of the plan shall
be two feet, five feet, or 10 feet to the inch, whichever is appropriate.
(b)
Cross section and center-line profile for each proposed or widened
cartway, driveway, or parking area shown on the preliminary plan,
including:
[1]
Road center-line grades and vertical curvature, including road
center-line elevations shown at horizontal intervals of 25 feet along
vertical curves and 50 feet for straight grades.
[2]
Profiles for sanitary sewers, water mains, storm drains, including
locations of manholes, inlets, and catch basins.
[a]
Location, size, length, and type of line with stations.
[b]
Slope between manholes and/or inlets.
[c]
Location of laterals or water services including
fire hydrants, valves, tees and fittings.
[d]
Existing ground surface with elevation of rim/grate
and invert elevations.
[e]
Location, size, depth, and type of material of
all other utilities in the vicinity of the pipe.
[f]
Vertical curve data including length, elevations,
and stations at the beginning and ending of the vertical curve, including
high points and low points, elevations at fifty-foot intervals and
minimum site difference.
(c)
Preliminary design of any bridges, culverts, or other structures
and appurtenances which may be required.
(d)
Preliminary design and structural details of stormwater management
improvements.
(e)
Cross section (streets).
[1]
Right-of-way and cartway width.
[2]
Type, thickness, and crown of paving.
[3]
Type and size of curb.
[4]
Grading of sidewalk area.
[5]
Location, width, type and thickness of sidewalks.
[6]
Grading of stormwater swale adjacent to cartway.
[7]
Typical location of sewers and utilities, street trees, streetlights
and other improvements along roads.
(f)
The stormwater BMP operations and maintenance plan. A statement
shall be included by the applicant acknowledging that stormwater BMPs
cannot be altered or removed without the approval of the Township.
(8)
Supporting information.
(a)
A new development schedule including the approximate date when
the construction is expected to begin and be completed.
(b)
A copy of all restrictions, easements, or covenants, if any,
under which lots are to be sold.
(c)
Traffic impact or water permeability studies, if applicable.
(d)
A plan for the ownership, maintenance, and management of open
space areas and stormwater BMPs.
(e)
Reports or letters regarding availability of sewer and water
facilities. Developments utilizing public water or sewer facilities
shall provide evidence satisfactory to the Cheltenham Board of Commissioners
that capacity is available and those services will be provided to
the subdivision and/or land development.
(f)
Copies of letters and permit applications to all reviewing agencies.
(g)
Stormwater calculations and reports.
(h)
Wetlands delineation study, if applicable.
(i)
Flood and floodplain report including data from FEMA studies
and any hydrologic and hydraulic data.
(9)
Floodplain areas.
(b)
All subdivisions and land development plans shall be demonstrate
the following:
[1]
Proposals are consistent with the need to minimize flood damage;
[2]
Public utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage; and
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(c)
Where the subdivision or land development lies partially or
completely in a floodplain or where the subdivision or land development
borders on a floodplain, the plan shall include detailed information
giving the location and elevation of existing and proposed streets,
water supply and sanitary facilities, building sites, structures,
soil types and proposed floodproofing measures. Such plan shall also
show contour lines as described in § 260-13G(3) of this
chapter, and identify accurately the boundaries of the floodplain
and the base flood elevation. When floodproofing measures are for
a structure within a floodplain, a registered professional engineer
or architect shall certify that the floodproofing measures are adequate
to meet the requirements of this chapter and other Township ordinances.
(d)
The developer shall provide proof that adequate precautions
against flood damage have been taken with respect to the design of
any buildings or structures located wholly or partially within a floodplain
area.
(e)
A copy of all plans for new construction in floodplain areas
shall be submitted to the Township and to the Montgomery County Conservation
District for review and approval. Further, the required Pennsylvania
Department of Environmental Protection (PA DEP) permits must be obtained
prior to final plan approval. The requirements of the Conservation
District and the PA DEP permits must be incorporated into the proposed
plan(s).
(10)
Additional plans. Other plans as required to comply with this chapter or the provisions of Chapter 295, Zoning, of the Township Code.
(11)
Other information as recommended by the Township Planning Commission
or deemed necessary by the Board of Commissioners.
The procedures and requirements contained in this section shall
govern the submittal and review of preliminary plans for subdivision
and land development.
A.
Twenty half-size paper copies (no greater than 11 inches by 17 inches)
and two full-size paper copes (24 inches by 36 inches) of the preliminary
plan shall be filed with the Cheltenham Township Director of Planning
and Zoning, or other designated person, in person by the applicant
or applicant's agent, during normal business hours. In addition to
the paper copies of the plans required for submission, the applicant
shall also provide a compact disk with plan sheets in GIS, CADD, and
PDF, or other acceptable software format, whereupon the applicant
may reduce the required number of copies by an amount indicated by
the Director of Planning and Zoning.
B.
Notice of all applications for the approval of a subdivision and/or
land development shall be given by the applicant by conspicuously
posting a written notice of the application on the affected tract
prior to submission of the preliminary plan. This notice shall be
posted at least 14 calendar days prior to the public meeting of the
Planning Commission when the preliminary plan will first be reviewed.
The notice shall adhere to the following:
(1)
The notice must remain in place until final plan approval is given.
The notice shall be removed not later than 10 calendar days after
final action on the final plan is taken.
(2)
The notice shall be printed on a sign with the minimum dimensions
of 24 inches by 36 inches of the type used for real estate sales.
(3)
As a minimum, the sign shall state the following: "This property
is subject to a subdivision and land development application in Cheltenham
Township." This statement shall be in black letters that are large
enough for the statement to cover the entire area of the sign.
(4)
The sign(s) shall be posted in such location(s) that is/are clearly
visible from each adjacent roadway.
(5)
Proof of posting by way of dated photograph must be provided to the
Cheltenham Township Director of Planning and Zoning by the applicant
one week prior to the aforementioned public meeting of the Planning
Commission, otherwise the application may be removed from the agenda
for the meeting, the application may be denied, or the statutory ninety-day
review period may be paused or extended until compliance is remedied.
C.
Plans must be accompanied by:
(1)
Cheltenham Township filing fees, in accordance with the fee schedule
adopted by resolution of the Board of Commissioners in effect at the
time of the application.
(2)
Montgomery County Planning Commission review fee.
(3)
Completed Cheltenham Township application, administrative forms,
and signed consultant professional services agreement, which is available
from the Township.
D.
The Cheltenham Township Director of Planning and Zoning or other
designated person shall review the application filed, including administrative
forms, waiver request letters, preliminary plans, and other required
studies and reports and determine if the application form is completed
correctly, the correct number of plans have been submitted, the Township
consultant professional services agreement has been signed, all required
fees have been paid, and the application is otherwise complete, and,
if so, will then stamp the plans with the plan filing date.
E.
The preliminary plan shall be placed on the agenda of the next regularly
scheduled meeting of the Cheltenham Township Planning Commission following
the plan filing date, provided that adequate time has been allotted
for Township consultants and other reviewing agencies to review and
submit their report and recommendations on the plans, or as provided
by law.
F.
The Cheltenham Township Manager may distribute copies of the plan
and all supporting information to the following for review and recommendations:
(1)
Cheltenham Township (two).
(2)
Cheltenham Township Planning Commission (three).
(3)
Montgomery County Planning Commission, along with appropriate fee
(one).
(4)
Cheltenham Township Engineer (one).
(5)
Cheltenham Township Solicitor (one).
(6)
Cheltenham Fire Marshal (one).
(7)
The applicant shall also provide three copies to be distributed at
the Township's discretion, and one electronic copy. The applicant
shall furnish additional copies of the preliminary plans and supporting
information at the Township's request.
G.
All preliminary plans and revisions to the plans shall be submitted
to Cheltenham Township for review by the Cheltenham Township Engineer,
the Township Solicitor, and such other technical advisors as may be
requested by the Cheltenham Township Planning Commission (collectively,
the "Township consultants"), and by the Montgomery County Planning
Commission and other appropriate reviewing agencies, who shall provide
their written comments to the Cheltenham Township Planning Commission
for its consideration. Upon completion of its review of the preliminary
plan submission and recommendations of the Township consultants and
reviewing agencies, the Township Planning Commission shall provide
its written recommendations to the Public Works Committee of the Cheltenham
Board of Commissioners.
H.
Cheltenham Township shall have a period of 90 days to review and
take action on the preliminary plan, unless the applicant has agreed,
in writing, to an extension of the review period.
(1)
The ninety-day time period shall commence on the date of the regularly
scheduled Cheltenham Township Planning Commission meeting next following
the plan filing date, provided that if the next regular meeting of
the Cheltenham Township Planning Commission shall occur more than
30 days after the plan filing date, the ninety-day period shall be
measured from the 30th day following the plan filing date.
(2)
An extension of the review period for an unlimited period of time,
revocable upon 60 days' prior written notice to the Township, may
be granted in writing by the applicant, provided that such unlimited
extension of time shall not preclude the Board of Commissioners from
taking action to accept or reject the preliminary plan at any time
it elects to do so in good faith.
I.
The Cheltenham Board of Commissioners shall consider the preliminary
plan application at one or more of its public meetings following receipt
and consideration of the recommendations of the Cheltenham Township
Planning Commission, Cheltenham Township Engineer, Township Solicitor,
other Township consultants, the Montgomery County Planning Commission,
and/or other reviewing agencies and technical advisors, as requested,
and shall render a decision on the preliminary plan submission within
90 days following the date of the regular meeting of the Cheltenham
Township Planning Commission next following the plan filing date or
any extension thereof, if applicable.
(1)
Provided, in accordance with the Pennsylvania Municipalities Planning
Code, that the Cheltenham Board of Commissioners shall not approve
an application for preliminary plan approval until the Montgomery
County Planning Commission report of its recommendations is received,
or until the expiration of 30 days from the date the application along
with any appropriate fees were forwarded to the county.
(2)
The applicant or appropriate representatives shall be present at
all public meetings at which the preliminary plan is to be discussed
and shall be prepared to provide a presentation of the proposed subdivision
and/or land development utilizing paper display maps and digital projected
images.
(3)
In accordance with the policies of the Montgomery County Planning
Commission, the date the application was forwarded to the county shall
be considered to be:
J.
Revisions to plans. Revisions to a preliminary plan proposal shall
proceed as follows:
(1)
Each preliminary plan revision submitted to the Township shall be
accompanied by a letter from the applicant, or applicant's agent,
which shall restate and provide itemized responses to all review comments
prepared by the applicable reviewing agencies and Township Consultants
on the previous submission, describe the specific revisions made to
the preliminary plan and/or accompanying documents to address the
review comments, and identify the sheet or page number in which each
revision may be found.
(2)
Such letter also shall describe, in detail, any and all revisions
made to the preliminary plan and/or accompanying documents since the
previous submission not requested by such review comments. Each change
made to a preliminary plan, and each subsequent plan, as well as the
revision date of each change made, shall be noted on the plan itself.
(3)
If one or more revisions are made to the preliminary plan and not
disclosed or identified in writing by the applicant or applicant's
agent, said undisclosed or unidentified revisions shall not be part
of, and shall be excluded from, any resulting preliminary plan approval.
(4)
Any preliminary plan approval by the Board of Commissioners where
the plan contains undisclosed or unidentified revisions that are noncompliant
with the requirements of this chapter or any other applicable laws,
statutes, ordinances, rules or regulations, shall in no way relieve
the applicant of its obligation to fully comply therewith.
(5)
The applicant shall be required to pay all costs and expenses, including
but not limited to engineering and legal fees, incurred by the Township
associated with identifying and appropriately addressing undisclosed
revisions to the preliminary plan submission.
K.
Procedure following the Cheltenham Board of Commissioners Decision.
When the Cheltenham Board of Commissioners makes a decision on a preliminary
plan, one of the following procedures shall be followed, depending
on the type of decision:
(1)
Denial. If the Cheltenham Board of Commissioners denies a preliminary
plan, then the written notification to the applicant shall specify
the 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.
(a)
When the decision reached concerning an application for approval of a specific plan results in a denial of the plan, then the applicant, when and if they should reapply, requesting approval of the plan, shall do so in accordance with the plan sequence outlined in § 260-16, Subsections A through H, herein, and the additional procedures below.
(2)
Approval. If the Cheltenham Board of Commissioners approves a preliminary
plan, as filed by the applicant, then the Secretary will so certify
thereon, including any changes thereto on the date shown, and a copy
of the approved plan will be forwarded to the applicant. The applicant
shall then submit two paper copies of the approved plan for Cheltenham
Township seal and signature.
(3)
Approval subject to conditions.
(a)
If the Board of Commissioners finds a preliminary plan to be
deficient or defective, but would approve the plan with certain remedies,
conditioned upon the performance of any act or the obtaining of any
other approval or permit by the applicant, the applicant shall be
given the opportunity to accept or reject the conditions within a
ten-day period. Conditional approval of the plan shall be rescinded
automatically, without action of Cheltenham Board of Commissioners,
upon the applicant's written rejection of such conditions, or upon
the applicant's failure to accept or reject such conditions within
10 days of the written notice being issued by the Board of Commissioners,
or written notice of the approval subject to conditions shall be provided
to the applicant, which includes the following information:
[1]
Specify the 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, the conditions of approval,
and a request for the applicant's written agreement to the conditions.
[2]
State that the application has been conditionally approved subject
to the remedying of defects and satisfaction of the requirements not
yet met, if the applicant agrees to the conditions within the ten-day
period, and if such conditions are not agreed to within the ten-day
period, then the application is automatically denied.
(b)
Following the timely submission of the applicant's written agreement
to the conditions specified by the Cheltenham Board of Commissioners,
the applicant shall submit two paper copies of the preliminary plan
and additional supporting documentation, if any, which show compliance
with the conditions, by plan revision or notation, for Cheltenham
Township seal and signatures.
(4)
The approval of a preliminary plan near or within the floodplain
shall not constitute a representation, guarantee, or warranty of any
kind by the municipality, or by any official or employees thereof,
of the practicability or safety of the proposed plan and shall create
no liability upon the Township of Cheltenham, its officials, or employees.
The degree of floodproofing intended to be provided by this chapter
is considered reasonable for regulatory purposes and is based on engineering
and scientific methods of study. This chapter does not imply that
areas outside floodplains or subdivisions or land developments permitted
within such areas will always be totally free from flooding or flood
damage. This requirement shall be disclaimed, as a note on the plan,
on any plan which is submitted for approval or recording.
(5)
Written notification of the Cheltenham Board of Commissioners' decision
shall be communicated to the applicant by hand delivery or by mail
to the applicant's last-known address not later than 15 days following
the decision or before the end of the extension period, if any, whichever
shall occur first.
L.
Effective period of approval. Approval shall be effective for a period
of five years from the date of plan approval in accordance with the
Pennsylvania Municipalities Planning Code.
(1)
No subsequent change or amendment in the zoning, subdivision, or
other governing ordinance or plan shall be applied to affect adversely
the right of the applicant to commence and to complete any aspect
of the approved development in accordance with the terms of such approval
within that five-year period.
(2)
Where final plan approval is preceded by preliminary plan approval,
the five-year period shall commence from the date of the preliminary
plan approval. In the case where preliminary and final plan approval
are concurrent, the five-year period shall be measured from the date
of that concurrent approval.
(3)
In the case of a preliminary plan calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
by the applicant with the preliminary plan delineating all proposed
sections of the development as well as deadlines within which applications
for final plan approval of each section are intended to be filed.
(a)
Such schedule shall be updated annually by the applicant on
or before the anniversary of the preliminary plan approval, until
final plan approval of the final section has been granted.
(b)
Any modification in the aforesaid schedule shall be subject
to approval of the Cheltenham Board of Commissioners at its discretion.
(c)
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as shown on the preliminary plan, unless
a lesser percentage is approved by the Cheltenham Board of Commissioners
in its discretion.
(d)
Provided the applicant or landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plan approval,
including compliance with the aforesaid schedule, then for any section
or sections, beyond the initial section, in which the required improvements
have not been substantially completed within the initial five-year
period, no subsequent change or amendment in the zoning, subdivision,
or other governing ordinance or plan shall be applied to affect adversely
the right of the applicant to commence and to complete each subsequent
section for an additional term or terms of three years from the date
of final plan approval for each section.
(e)
Failure of the applicant or landowner to adhere to the schedule
of submission of final plans for the sections shall subject any such
section to any and all changes in zoning, subdivision and other governing
ordinances enacted by Cheltenham Township subsequent to the date of
initial preliminary plan submission.
All final plans for subdivisions and/or land developments shall
consist of two basic parts, the improvements construction plan and
the record plan, and shall comply with the requirements of this section.
The final plans shall conform in all details and to the terms of approval
of the preliminary plans and to the most recent administrative regulations
adopted by the Cheltenham Board of Commissioners for such purposes.
A.
Twenty paper copies (no greater than 11 inches by 17 inches) and
two full-size paper copes (24 inches by 36 inches) of the final plan
shall be filed with the Cheltenham Township Director of Planning and
Zoning or other designated person, in person by the applicant or applicant's
agent during normal business hours. In addition to the paper copies
of the plans required for submission, the applicant shall also provide
a compact disk with plan sheets in GIS, CADD, and PDF, or other acceptable
software format, whereupon the applicant may reduce the required number
of copies by an amount indicated by the Director of Planning and Zoning.
B.
Improvements construction plan.
(1)
Drafting standards. The same standards shall be required for an improvements
construction plan as for a preliminary plan.
(2)
Information to be shown. The plan shall contain sufficient information
needed for the construction of the proposed streets, or any portion
thereof, including all appurtenances, sewers and utilities, as shown
on the approved preliminary plan. This information shall also include:
(a)
Construction detail drawings. Drawings in sufficient detail
shall be provided for all site improvements.
C.
Information provided to indicate potential future development of
portions of the tract not to be developed and not a part of the application,
even if required by the Township during the preliminary plan phase
and on preliminary plans when approved, shall be removed from the
final plan.
D.
Additional information. The following additional information shall
be submitted with the final plan.
(1)
All required local, state, and federal permits that have been issued
shall be submitted with the final plan. These permits may include
Montgomery County, PADOT, or Cheltenham Township road access permits;
PA DEP permits for drainage, stream alteration, wetlands encroachment,
water quality discharge, dams, erosion and sedimentation control,
air pollution, or sanitary sewage facilities.
(2)
The following statements shall be required on the final plan:
(a)
"The approved improvement construction plan, a copy of which
may be inspected at the Cheltenham Township Office, has been made
a part of the approved final plan."
(b)
"For access to a highway under the jurisdiction of PADOT, a
highway occupancy permit is required, pursuant to Section 420 of the
Act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway
Law." Access to the state highway shall be only as authorized by the
highway occupancy permit."
(3)
All engineering calculations which support the proposed improvements
such as drainage calculations, sanitary facility design calculations,
or structural calculations.
(4)
Sewage facilities plan approval from PA DEP in compliance with the
Township's Act 537 Sewage Plan.
(5)
Approval of the erosion and sediment control plan from the Conservation
District.
(6)
Stormwater management permits from PA DEP, including but not limited
to NPDES permits.
E.
Record plan.
(1)
Drafting standards. The same standards shall be required for a record
plan as for a preliminary plan, and, in addition, for recording purposes,
the plans shall be placed on sheet sizes of 11 inches by 17 inches
or 24 inches by 36 inches. All lettering and lines shall be drawn
to be legible if the plan is reduced to half-size. A two-inch border
on the left side of the plan shall be free of information.
(2)
Information to be shown. The plan, which shall include all portions
of the approved preliminary plan, shall also show:
(b)
Courses and distances sufficient for the legal description of
all the lines shown on the plan. The error of closure shall not be
greater than one part in 10,000.
(c)
Names or identification of the following:
[1]
Abutting owners.
[2]
All dimensional and technical descriptions of roads.
[3]
Easements and the monumentation thereof.
[4]
Rights-of-way.
[5]
The location of all floodplains and steep slopes (over 15%).
[6]
Open space, recreation, and/or other common use areas.
[7]
Other public improvements.
[8]
For land development plans, all additional information pertinent
to the location and construction of site improvements, including buildings,
walks, parking, driveways, and other related facilities.
[9]
Parcel identification number.
[10]
Montgomery County Planning Commission file number.
[11]
Delineation of phases of construction if the development
is proposed to be built in more than one phase.
(d)
All lots deeded to the ultimate right-of-way so that a single
deed may be drawn to the appropriate body having jurisdiction for
the dedication of streets by the applicant.
(e)
Documentation on the plans that the plans are in conformance
with the Zoning Ordinance[1] and other applicable Cheltenham Township ordinances and
regulations. In any instance where such plans do not conform, evidence
satisfactory to the Township on advice of the Township Solicitor shall
be presented that an exception, waiver, or variance has been officially
authorized.
(f)
The location, material, and size of all existing and proposed
monuments or pins with a statement of total area being subdivided.
The engineer or surveyor shall certify that the survey is accurate.
(g)
Building setback lines with distances from the ultimate right-of-way
line and property lines.
(h)
Appropriate notes and conditions governing the use or development
of the proposed property.
F.
Certifications. When approved, the record plan must show:
(1)
The signature and seal of the registered engineer and surveyor certifying
that the plan represents his/her work; that the monuments shown thereon
exist as located; that the dimensional and geodetic details are correct
and that the survey has been prepared in accordance with the Pennsylvania
Engineer, Land Surveyor, and Geologists Registration Law, PL 913,
No. 367.[2]
[2]
Editor's Note: See 63 P.S. § 148 et seq.
(2)
The signature of the applicant and/or the record owner, if different,
certifying ownership of the property, adoption of the plan, and intent
to record the plan.
(3)
The signature of:
(a)
The Cheltenham Township Manager or other designated person,
certifying that Cheltenham Board of Commissioners approved the final
plan on the date shown.
(b)
Spaces shall be provided for the signatures of the Cheltenham
Board of Commissioners whose signatures are required.
(c)
Space shall be provided for the signature of the Cheltenham
Township Engineer.
(4)
Certification by the Zoning Hearing Board that any required special
exceptions and variances have been granted.
(5)
Identification of all waivers of provisions of this chapter, including
the code section reference and what alternative compliance was approved,
which were granted by the Board of Commissioners.
(6)
A blank space or appropriate certification language shall be provided
for the stamp and seal of the Montgomery County Planning Commission,
located along the right-hand edge of the plan, measuring 3 1/2
inches wide and 2 1/2 inches tall.
G.
Acknowledgements. The following are required on the record plan,
where applicable:
(1)
Where the owner(s) are individuals, all shall join in an acknowledgment
as follows:
|
Commonwealth of Pennsylvania
|
|
County of Montgomery
|
|
On the __________ day of __________, 20 _____, before
me, the subscriber, a Notary Public of the Commonwealth of Pennsylvania,
residing in __________, personally appeared __________ (names of all
owners), known to me (or satisfactorily proven) to be the person(s)
whose name(s) (is/are) subscribed to the foregoing plan and acknowledged
that (he, she, they) (is/are) the owner(s) of the designated land,
that all necessary approval of the plan has been obtained and is endorsed
thereon and that (he, she, they) desire that the foregoing plan may
be duly recorded.
|
|
Notary Public _____
|
|
My Commission Expires _____
|
(2)
Where the owner is a partnership, corporation or other entity, an
acknowledgment shall be executed substantially as follows:
|
Commonwealth of Pennsylvania
|
|
County of Montgomery
|
|
On the _____ day of __________, 20 _____, before
me, the subscriber, a Notary Public of the Commonwealth of Pennsylvania,
residing in __________, personally appeared __________ (name of officer
of the corporation), who acknowledged (himself/herself) to be the
(president or secretary), being authorized to do so, (he/she) executed
the foregoing plan by signing that said corporation is the owner of
the designated land, that all necessary approval of the plan has been
obtained and is endorsed thereon and that said corporation desires
that the foregoing plan may be duly recorded.
|
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Notary Public _____
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My Commission Expires _____
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(3)
Surveyor's acknowledgement:
|
Surveyor's Certificate, Boundary, and Topography
| |
|
This is to certify that this plan represents a field
survey by me or under my supervision, that all property corners are
set as shown hereon, that all geometric and geodetic details as shown
are correct, and that all lots or tracts have a boundary closure error
of 1:10,000 or better.
| |
|
__________ SEAL
| |
|
PLS
|
DATE
|
|
SU # __________
| |
H.
Approval notation and signatures as follows:
|
Approved by the Board of Commissioners of the Township
of Cheltenham this __________ day of __________, 20 __________
| |
|
President
| |
|
Attest
|
Secretary
|
|
Reviewed and approved by the Cheltenham Township
Engineer this __________ day of __________, 20 __________
| |
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Township Engineer
| |
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Certified by the Montgomery County Planning Commission
this __________ day of __________, 20 _____. File No. __________
| |
I.
Recording notations. The following notations are required to be cited
on the record plan:
(1)
A stamp indicating that the plan has been received and recorded by
the Montgomery County Recorder of Deeds. The stamp shows the date
and time of recording, book and page number, and other information
(see example, below).
 |
(2)
A stamp indicating the plan has been processed and reviewed by the
Montgomery County Planning Commission (MCPC) (see example, below).
 |
(3)
"Fire hydrants and streetlights are to be installed at the expense
of the subdivider/land developer in accordance with Township standards
and with the recommendations of the respective utility companies,
subject to the approval of the Board of Commissioners." "Streetlights
and street name signs are to be installed at the expense of the subdivider/land
developer in accordance with Township standards and dedicated to the
Township."
(4)
Where a plan requires access to a highway which is under the jurisdiction
of the Pennsylvania Department of Transportation, "A highway occupancy
permit is required by Section 420, P.L. 1242, No. 428, known as the
'State Highway Law,' before driveway access to a state highway is
permitted or constructed." Where a plan requires access to a highway
which is under the jurisdiction of the Montgomery County, it shall
include the following notation: "A highway occupancy permit is required
by the Roads and Bridges Department of the Montgomery County Assets
& Infrastructure Department before driveway access to a county
highway is permitted or constructed."
(5)
When the installation of curbs or sidewalks is waived for a particular
development plan, "Curbs and/or sidewalks may be required to be installed
by subsequent landowners at their expense, by direction of the Board
of Commissioners."
(6)
Other notations as required by this chapter and the Board of Commissioners.
All final plans shall be submitted and reviewed in accordance
with the procedures and requirements contained in this section.
A.
The completed application for approval of the final plan, together
with a signed consultant professional services agreement, available
from Cheltenham Township, shall be submitted to Cheltenham Township
along with all supporting information. The Cheltenham Township Director
of Planning and Zoning or other designated person shall review the
application filed, including administrative forms, final plans, and
other required studies and reports and determine if the application
form is completed correctly, the correct number of plans have been
submitted, the Township consultant professional services agreement
has been signed, all required fees have been paid, and the application
is otherwise complete and, if so, will then stamp the plans with the
plan filing date.
B.
The final plan shall be placed on the agenda of the next regularly
scheduled meeting of the Cheltenham Township Planning Commission following
the plan filing date, provided that adequate time has been allotted
for Township consultants and other reviewing agencies to review and
submit their report and recommendations on the plans, or as provided
by law.
C.
The applicant shall furnish additional copies of the final plans
and supporting information at the Township's request.
D.
All final plans and revisions to the plans shall be reviewed by the
Township consultants and the appropriate reviewing agencies, who shall
provide their written comments to the Cheltenham Township Planning
Commission for its consideration. Upon completion of its review of
the final plan submission and the recommendations of the Township
consultants and reviewing agencies, the Cheltenham Township Planning
Commission shall provide its written recommendations to the Cheltenham
Board of Commissioners, with a copy mailed or delivered personally
to the applicant.
E.
Cheltenham Board of Commissioners shall consider the final plan application following receipt and consideration of the recommendations of the Cheltenham Township Planning Commission and shall render a decision on the final plan submission within 90 days following the date of the regular meeting of the Cheltenham Township Planning Commission next following the plan filing date, unless the applicant has agreed, in writing, to an extension of the review period in accordance with the provisions of § 260-16.
F.
Revisions to plans. Revisions to a final plan proposal shall proceed
as follows:
(1)
Each final plan revision submitted to the Township shall be accompanied
by a letter from the applicant, or applicant's agent, which shall
restate and provide itemized responses to all review comments prepared
by the applicable reviewing agencies and Township consultants on the
previous submission, describe the specific revisions made to the preliminary
plan and/or accompanying documents to address the review comments,
and identify the sheet or page number in which each revision may be
found.
(2)
Such letter also shall describe, in detail, any and all revisions
made to the final plan and/or accompanying documents since the previous
submission not requested by such review comments. Each change made
to a final plan, and each subsequent plan, as well as the revision
date of each change made, shall be noted on the plan itself.
(3)
If one or more revisions are made to the final plan, and not disclosed
or identified in writing by the applicant or applicant's agent, said
undisclosed or unidentified revisions shall not be part of, and shall
be excluded from, any resulting final plan approval.
(4)
Any final plan approval by the Board of Commissioners where the plan
contains undisclosed or unidentified revisions that are noncompliant
with the requirements of this chapter or any other applicable laws,
statutes, ordinances, rules or regulations, shall in no way relieve
the applicant of its obligation to fully comply therewith.
G.
The applicant shall be required to pay all costs and expenses, including
but not limited to engineering and legal fees, incurred by the Township
associated with identifying and appropriately addressing undisclosed
revisions to the final plan submission. A final plan for an application
that has been previously granted preliminary plan approval shall be
approved by the Cheltenham Board of Commissioners when evidence satisfactory
to the Cheltenham Board of Commissioners, on advice of the Township
consultants, has been provided by the applicant that all of the following
conditions have been fulfilled:
(1)
The final plan conforms in all respects to the approved preliminary
plan and all conditions of preliminary plan approval.
(2)
All engineering and other technical details have been resolved to
the satisfaction of the Cheltenham Township Engineer, as evidenced
by a letter from the Cheltenham Township Engineer, and to the satisfaction
of other technical advisors.
(3)
A recommendation is received from the Planning Commission.
(4)
All land development, financial security and other legal instruments
and agreements required to be executed and delivered by the applicant
and/or the developer, as required by the Cheltenham Board of Commissioners,
upon advice of the Township Solicitor, including deeds of dedication,
each in form and substance satisfactory to the Board of Commissioners
and the Township Solicitor, have been satisfactorily executed and
delivered in recordable form by the applicant.
(a)
When requested by the developer, in order to facilitate financing,
the Board of Commissioners shall furnish the applicant with a signed
copy of a resolution indicating approval of the final plan contingent
upon the applicant obtaining a satisfactory financial security.
(b)
The final plan shall not be signed, released to the applicant,
nor recorded until the financial improvements agreement is executed
and recorded.
(c)
The resolution of approval contingent upon a financial security
agreement shall expire and be deemed to be revoked if the financial
security agreement is not satisfactorily executed within 90 days of
the adoption of the approval resolution, unless a written extension
is granted by the Cheltenham Board of Commissioners.
(5)
The final plan complies in all respects with applicable Cheltenham
Township ordinances and all conditions of final plan approval, or
appropriate variances or waivers have been granted for features that
do not comply.
(6)
All necessary permits and other plan approvals have been obtained
from the applicable regulatory agencies, authorities, or and/or departments.
(7)
All required escrows, fees, and costs have been paid by the applicant.
H.
Approval subject to conditions. If the Cheltenham Board of Commissioners
finds a final plan to be deficient or defective, but would approve
the plan with certain revisions, conditioned upon the performance
of any act or the obtaining of any other approval or permit by the
applicant, the applicant shall be given the opportunity to accept
or reject the conditions within a ten-day period. Conditional approval
of the plan shall be rescinded automatically, without action of Cheltenham
Board of Commissioners, upon the applicant's written rejection of
such conditions, or upon the applicant's failure to unconditionally
accept such conditions within 10 days of the written notice being
issued by the Board of Commissioners. Written notice of the approval
subject to conditions shall be provided to the applicant, which would
include the following information:
(1)
Specify the defects found in the application and describe the requirements
which have not been satisfied and cite the provisions of the statute
or ordinance relied upon, the conditions of approval, and a request
for the applicant's written agreement to the conditions.
(2)
State that the application has been conditionally approved subject
to the revision of defects and satisfaction of the requirements not
yet met, if the applicant agrees to the conditions within the ten-day
period and, if such conditions are not unconditionally agreed to within
the ten-day period, then the application is automatically denied.
I.
After the final plan is approved, the applicant shall present three
paper copies of the plan to the Cheltenham Township Secretary for
signature by the Cheltenham Board of Commissioners, including the
affixing of the Official Cheltenham Township Seal. Digital files in
GIS and CADD format of the appropriate proposed public improvements
and record plan, in a form satisfactory to Cheltenham Township, shall
also be provided at that time.
J.
Prior to recording, the applicant shall also provide the legal description
of the properties, easements, utilities and rights-of-way involved
in the plan, as well as stormwater management operation and maintenance
agreement, and submit the financial agreement for review and approval.
A.
Within 90 days following final plan approval or 90 days following
the date of delivery of the signed plans to the applicant by Cheltenham
Township or following completion of conditions imposed for such approval,
whichever is later, the applicant shall record the final plan, including
the record plan and all plan sheets required of the final plan as
well as the stormwater management operation and maintenance agreement,
in the Office of the Recorder of Deeds of Montgomery County.
(1)
In accordance with the Pennsylvania Municipalities Planning Code,
whenever final plan approval is required by Cheltenham Township, the
Montgomery County Recorder of Deeds shall not accept any plan for
recording unless it contains the official approval of the Cheltenham
Board of Commissioners and certification of review by the Montgomery
County Planning Commission.
(2)
Prior to recording, the applicant shall present the approved plan
to the Montgomery County Planning Commission for its stamp and seal,
with one paper copy given to the Montgomery County Planning Commission
for its files.
Minor plans may be submitted and processed only for lot line
adjustments, simple conveyances, minor subdivisions, and/or minor
land developments as defined herein, in accordance with the standards
and requirements in this section. Notwithstanding the foregoing, the
Board of Commissioners reserves the right to require the submission
of a standard preliminary plan in place of a minor plan upon recommendation
of the Cheltenham Township Planning Commission, the Township Engineer,
or the Township Solicitor.
A.
Standards and requirements for qualification as a minor plan submission.
(1)
Lot line adjustment or consolidation. To qualify as a lot line adjustment
minor plan, a proposal shall meet all of the following criteria:
(a)
A proposal involving two abutting, existing, legally approved
and recorded lots.
(b)
A common lot line is proposed to be adjusted in terms of its
location or configuration or eliminated.
(c)
The land area of each lot may be different after adjustment,
but the total lot area of the two lots will be unchanged, with the
exception of land within the ultimate right of way, of which the Township
may require public dedication.
(d)
No alteration will occur to any perimeter boundary line of the
two lots.
(2)
Simple conveyance. To qualify as a simple conveyance minor plan,
a proposal shall meet all of the following criteria:
(a)
A proposal involving two abutting, existing, legally approved
and recorded lots.
(b)
A portion of one lot is being divided off to be conveyed to
the owner of the abutting lot.
(c)
The land area of each lot will be different after conveyance,
but the total lot area of the two lots will be unchanged.
(d)
The lot from which the land is being conveyed must be suitable in terms of the applicable dimensional and setback requirements of Chapter 295, Zoning, of the Township Code so that after conveyance, it will remain in compliance with those requirements.
(e)
The land area being conveyed need not satisfy any of the dimensional requirements applicable to lotting in the district in which it is located, nor the street frontage requirements of Chapter 295, Zoning, of the Township Code, but must be consolidated with the lot to which it is being functionally added by the recording of a deed of consolidation in form and substance satisfactory to the Township Solicitor. However, the Township reserves the right to requires dedication of the ultimate right of way.
(f)
The land use of the two lots shall not change after conveyance.
(3)
Minor subdivision. To qualify as a minor subdivision minor plan,
a proposal shall meet all of the following criteria:
(a)
A subdivision proposal which would divide one existing lot into
not greater than two lots, each of which will comply with the applicable
dimensional and setback requirements of the zoning district in which
the existing lot is located.
(b)
The existing lot has sufficient frontage on an existing, improved
public street to satisfy the applicable Cheltenham Township requirements
for lot frontage and access to a public street for all proposed lots.
(c)
The existing lot has not been the subject, in whole or in part,
of a prior subdivision proposal during the 10 years previous to the
current application. Further subdivision of the subject property may
be considered as or may be required to comply with the standards of
a major subdivision.
(d)
The subdivision will not require new road construction, road
improvements, or the extension of existing public utility lines, or
any other improvements intended to be dedicated to Cheltenham Township
other than additional right-of-way area.
(e)
The proposal will not involve any site improvements other than
installation of property pins/monuments.
(f)
Disqualification. The Board of Commissioners may elect to require
a standard preliminary plan submission in place of a minor plan when
warranted by existing conditions or contemplated development of the
site, upon the advice of the Cheltenham Township Planning Commission
or the Township Engineer.
(4)
Mortgage subdivision.
(a)
A subdivision established for the sole purpose of granting separate
and distinct mortgages on each parcel within a commonly managed and
maintained land development. The individual parcels created as a result
of the mortgage subdivision may not individually meet the required
yard setbacks, ground cover, limitations, or other bulk and area requirements
of the zoning district in which the property is situate provided that
the applicant documents to the satisfaction of the Township the following:
[1]
The responsibility for the construction, control, and maintenance
of development shall be carried by an entity irrespective of parcels
to be established through the mortgage subdivision.
[2]
Irrevocable cross easements shall be established in favor of
all parcels created through the mortgage subdivision within the land
development as respect to the use, control and maintenance for the
facilities and areas to be used in common so that each parcel becomes
an integral of the land development.
[3]
Declaration that the interest of any mortgagee and that of any
transferee of the mortgage property upon any default of the mortgage,
shall be subject to the obligations and responsibilities as to the
facilities and areas to be used in common and the requirements of
the cross easements so that such a mortgagee or transferee, in the
event of such default or transfer of title to the property, shall
be bound thereby.
(5)
Minor land developments. To qualify as a minor land development minor plan, a proposal shall meet all of the descriptions of Subsection A(5)(a) through (d) below, plus any one of the items in Subsection A(5)(e) through (h):
(a)
Has not been part of a land development submission within the
past three years.
(b)
Presently fronts on a physically improved street that is legally
open to the public.
(c)
Will not involve the construction of any new street or road,
the extension of municipal facilities, or the creation of any other
public improvements.
(d)
Is in general conformance with the Township Comprehensive Plan
and other plans.
(e)
A land development proposal involving a single lot or parcel
of land where it is found that the intended development or modification
of the site, or the use and occupancy of the existing structure, will
create a minimal impact upon traffic, drainage, visual image, landscaping,
buffering, lighting or other elements described within the purposes
of this chapter.
(f)
Parking lot expansions, when additional impervious coverage
is less than 10,000 gross square feet.
(g)
Additions to existing nonresidential buildings provided that
the addition is less than 5,000 gross square feet and involves no
more than a 25% increase in the size of the existing building.
B.
Submission requirements and review procedure.
(2)
When a subdivision and/or land development plan qualifies for consideration as a minor plan submission in accordance with § 260-20A, Standards and requirements for qualification as a minor plan submission, herein, the minor plan may be granted concurrent preliminary and final plan approvals, provided that the preliminary/final plan includes all of the requirements for preliminary plans and for final plans, including, without limitation, the final plan certifications required by § 260-17F, Final plan, Certifications, herein and the requirements of § 260-18G, concerning a final plan for an application, § 260-18H, concerning denial with optional approval, and § 260-18I, concerning after the final plan is approved, herein, except as otherwise provided in § 260-20B(3), below.
(3)
A minor plan is not required to include an improvements construction plan as required by § 260-17B, Improvements construction plan, herein.
(5)
If the minor plan is approved by the Board of Commissioners, the record plan of the minor plan shall be recorded as required by § 260-19, Recording the final plan, herein.
(6)
The Township shall have the opportunity to require a grading permit
for any minor land development.
No subdivision or land development approval is needed for a de minimis improvement as defined in § 260-9. An applicant who wishes to proceed under these provisions shall submit to the Township Zoning Officer the following for their review:
A.
A building permit application setting forth the proposed improvement,
the cost thereof, and any changes to be made to the land.
B.
Where the project has a previously recorded land development plan,
the applicants must file an amended land development plan for the
record.
C.
The plan, when filed, shall undergo engineering and zoning review
to address all zoning issues such as trash enclosures, landscaping,
site access, and stormwater management. An escrow shall be established
with the Township to cover appropriate fees for plan review as determined
by staff.
D.
Any given building may have no more than three de minimus improvements
including the current application, provided that they taken together
require less than five additional parking spaces and the total footprint
of the de minimis additions does not exceed 250 square feet of impervious
surface.
E.
Upon completion of the appropriate staff review, if the applicant
agrees, in writing, to the conditions, improvements, and/or requirements
determined by the review, the application will be approved and the
appropriate permits will be issued. In the event that the applicant
does not agree with the review conclusions, the application is deemed
denied and the applicant may elect to resubmit the application under
the standard land development procedures as set forth herein.
The applicant is responsible for making the appropriate applications
for various federal, state, county, and municipality permits or other
approvals from governments or private utilities or service providers.
These should be sought in a timely manner that fits into the overall
plan review and approval process described in this article. To the
extent that the applicant is required to modify the plan as a result
of permits or other approvals, the applicant is still required to
comply fully with this chapter and the Zoning Code.[1]
All developers, owners, builders, or agents representing them
who are selling any lot approved under this chapter, or a newly constructed
home to a member of the general public, shall adhere to the following
disclosure requirements:
A.
The seller of any newly constructed residential property or subdivided
lot for a residential building shall prominently display the approved
subdivision or land development in the location where property sales
are transacted so as to be plainly visible to all potential buyers.
The approved subdivision or land development plan shall include the
record plan complete with all approval notations and all accompanying
plans approved with the record plan.
B.
Before signing a sales agreement for a newly constructed property
or any lot approved under this chapter, buyers shall sign a disclosure
statement and sellers shall sign the same disclosure statement attesting
the veracity and completeness of the claims therein, verifying that
the buyer has been provided all relevant information described below
and limitations or restrictions associated with them which is clearly
displayed on plans with appropriate narrative materials including:
(1)
Common areas such as park lands, streets, and open space which is
part of the subdivision or land development or adjacent to it. Any
improvements to these common areas that may occur in the future as
described during the development process or as noted on the plans
should be discussed.
(2)
All lot lines in the development.
(3)
All limits to the use of the lot subject to purchase including the
setbacks for building, building coverage restrictions, and height
restrictions.
(4)
All uses permitted in the development under current zoning.
(5)
All dimensional requirements for accessory structures on the lot
to be purchased.
(6)
Any easements, deed restrictions, or conservation areas in the development
and what limitations they make to the property.
(7)
Membership requirements for homeowners' association. A copy of the
homeowners' association or condominium agreement shall be provided.
(8)
The location of all wetlands in the development.
(9)
The location of all 100-year floodplains in the development.
(10)
The location of steep slopes.
(11)
The location all stormwater management facilities including
maintenance requirements and drainage easements.
(12)
Public pathways and trails.
(13)
The zoning of the land that adjoins the development.
(14)
Proposed new road rights-of-way in or adjoining the development
including the extension of temporary culs-de-sac.
All requests for modifications shall take the form of a letter
submitted at the time of initial submission, and all subsequent submissions
of subdivision and/or land development applications, conforming to
the following provisions:
