A. 
Whenever a subdivision of land or land development is desired to be affected in the Township of Upper Allen, Cumberland County, Pennsylvania, a plan of the layout shall be prepared, filed and processed with the Planning Commission and the Board of Commissioners of Upper Allen Township according to the requirements of this chapter.
(1) 
A lot add-on subdivision plan that does not create any additional lots may receive Township Planning Commission approval. The Planning Commission, upon approval or denial, shall give notice to the developer in accordance with the Pennsylvania Municipalities Planning Code.[1] The lot add-on shall meet the following requirements:
(a) 
The existing parcel of land may be added, in whole or in part, to another existing lot for the sole purpose of increasing the lot size, provided that:
[1] 
The parcel to be added shall be contiguous to the existing lot; and
[2] 
The lot created shall be conveyed to the adjoining property owner and shall be considered an extension of that property owner's original lot; and
[3] 
The plan shall not create a nonconforming lot; and
[4] 
The plan shall not alter street alignments, drainage easements, stormwater management facilities, storm sewer facilities, or other rights-of-way; and
[5] 
Access to all affected lots are not changed.
(b) 
The plan shall be prepared in accordance with applicable final plan requirements of this chapter, except a separate preliminary plan need not be filed.
(c) 
If a waiver or modification of this chapter has been requested, then review by the Board of Commissioners of Upper Allen Township is mandatory.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Each applicant shall follow the procedures for the submission and processing of plans and specifications for such plans as set forth in this article.
A. 
Prior to the preparation and filing of the preliminary plan, applicants are strongly encouraged, but not required, to submit to the Planning Commission the following plans and data, and may ascertain from the Planning Commission those elements which should be considered in the design of the subdivision or land development. These shall include any features of the Upper Allen Township Comprehensive Plan or of any other plans of the Planning Commission, including, but not limited to, proposed streets, recreation areas, drainage reservations, shopping centers and school sites. Submission of a sketch plan shall not constitute a formal filing of the plan with the Township.
B. 
If the applicant desires to submit a sketch plan and for the project to appear on the Township Planning Commissions agenda, it is required that a request for preapplication review include a minimum of 12 copies of a sketch plan, unless otherwise noted by the Township, and electronic submission of the plan and any other materials (PDF format is preferred), and one application form available from the Township for consideration of a subdivision and/or land development plan. The request shall be submitted to the Township by the first business day of the month, unless otherwise noted by the Township, in which the plan will be considered by the Township Planning Commission. The applicant will be charged reasonable fees in accordance with Article VII for engineering-related services. Fees will be set by resolution of the Board of Commissioners of Upper Allen Township.
As part of the subdivision and land development process, it is strongly encouraged that the applicant schedules a preapplication conference with the Township Engineer, Township Planner, and/or Zoning Officer prior to submission of the preliminary and final subdivision and/or land development plan. The purpose of the preapplication conference is to: 1) foster an informal plan review between the applicant and the Township staff; 2) reduce the subdivision processing time and costs for the applicant; and 3) expedite the Township's review and approval process once the plan is formally submitted. The following procedures and information should be addressed in the preapplication conference:
A. 
The preapplication conference shall be scheduled prior to the initial plan submission.
B. 
The applicant shall be charged reasonable fees in accordance with Article VII for engineering-related services.
C. 
Due to the informal nature of the preapplication conference, the applicant or the Township shall not be bound by any determination of the preapplication conference.
A. 
The sketch plan shall show the following information:
B. 
General information. The individual shall provide a narrative describing the proposed subdivision or land development that shall address the following items:
(1) 
Purpose and scope of the subdivision or land development.
(2) 
Existing land use patterns and conditions of subject tract area and contiguous parcels.
(3) 
Major development feature(s).
(4) 
Provisions for water supply and sewage disposal.
(5) 
Historical sites.
C. 
Location map. Provide a map (minimum scale one inch equals 2,000 feet) showing the proposed subdivision or land development's location with respect to the existing community facilities, local street systems and municipal boundaries.
D. 
Sketch plan. Provide a drawing of the proposed land development with the following features:
(1) 
Name and address of developer and/or owner, name of municipality, proposed name of the development, North arrow and date.
(2) 
Tract boundaries.
(3) 
Number of acres in the tract, average lot size, approximate number of lots, and anticipated type of development.
(4) 
Existing and proposed streets, highways, railroads, rights-of-way, sewers, water mains, fire hydrants and storm sewers.
(5) 
Proposed general lot layout.
(6) 
All public facilities such as schools and parks.
(7) 
Predominant natural features such as wooded areas, streams, wetlands, floodplains and others as addressed in the Upper Allen Township Comprehensive Plan.
(8) 
A location map for the purpose of locating other streets, developments, recreation areas and rights-of-way to better plan the proper locations of the same.
(9) 
Topography, showing contours at vertical intervals of five feet or as required by the Township Engineer.
(10) 
Name of the engineer, surveyor or other qualified person responsible for the map(s).
E. 
The sketch plan must be drawn to scale. However, approximate dimensions will be accepted. The plan may be a simple sketch drawn on a topographic map.
[Amended 3-5-2025 by Ord. No. 844]
A. 
Application and review procedure.
(1) 
Filing. A separate preliminary plan application is required when a subdivision or land development is to be completed in more than one phase, whether proposed initially or cumulatively.
(2) 
Preliminary plans shall be submitted to the Township by the first business day of the month, unless otherwise noted by the Township, in which the plan will be considered by the Township Planning Commission in order to be placed on the agenda.
(a) 
Plans submitted to other regulatory agencies shall be submitted by the first business day of the month, unless otherwise noted by the Township or the agency.
(b) 
If at any time it is necessary to revise the preliminary plan or associated plans, reports, etc., such revised plans and/or documents must be submitted not less than 15 business days prior the Planning Commission's or Board of Commissioners of Upper Allen Township's regularly scheduled meeting date in order to be placed on the agenda. Additional time may be required by the Township.
(3) 
Applicants are required to submit a sewer facilities plan revision, supplement or proof of request for a planning module exemption in conjunction with the preliminary plan.
(4) 
Application requirements. A preliminary plan application shall include the following:
(a) 
A minimum of 15 copies of the preliminary plan and two copies of all reports, notifications and certifications which are specified in § 220-3.7, unless otherwise noted by the Township. Additional copies of the preliminary plan and reports may be required by the Township.
(b) 
One application form.
(c) 
Electronic submission of the plan, reports, notifications, certifications, façade drawings, and other required items. PDF format is preferred.
(d) 
Filing fee as set by resolution of the Board of Commissioners of Upper Allen Township.
(5) 
Proper completion. The designated Township representative shall first determine that the preliminary plan application is complete with Subsection A(4). This determination does not constitute approval or disapproval of the plan but is provided to ensure the submission of sufficient data for the Board of Commissioners to make a formal action on the plan. The Township shall complete an administrative review of the application within 10 calendar days of the plan submission. If the application is found to be incomplete, the applicant shall be notified ,in writing, that the submitted data does not constitute a formal filing of the preliminary plan and specify the deficiencies.
(6) 
Distribution. A designated Township representative shall distribute the preliminary plan to the Township Zoning Officer, Township Solicitor, Township Engineer, Fire Department, Police Department, Township Planning Commission, Board of Commissioners, and, if deemed necessary, other officials, boards and agencies. It shall be the responsibility of the developer to distribute plans to outside review and regulatory agencies for required approvals (e.g., adjacent municipalities, School Board, PennDOT, Cumberland County Conservation District, PA DEP, County Planning Commission, Natural Resource Conservation Service, etc.).
(7) 
Action by Township. The Township will review and comment concerning the conformance of the submitted plan with Township ordinance governing design standards, improvements and construction requirements; and conformance with Township requirements for installation of individual approved sewage facilities and other applicable regulatory requirements. Where a proposed subdivision or land development is located in more than one municipality, the Board of Commissioners may defer action on the plan until approval from the adjacent municipality is granted. All costs incurred through the conducting of any engineering tests shall be the responsibility of the developer. The Township may provide the developer an estimate of such costs for tests deemed necessary.
(8) 
Action by Township Planning Commission. The Planning Commission shall review and recommend approval to the Board of Commissioners.
(9) 
Action by Board of Commissioners. The Board of Commissioners shall approve or disapprove and shall give notice to the developer in accordance with the Pennsylvania Municipalities Planning Code.[1]
(a) 
Approval of the preliminary plan by the Board of Commissioners constitutes conditional approval of the development as to the character and intensity of development, the layout, and the approximate dimensions of streets, lots, and other planned features. This approval binds the development to the scheme shown on the preliminary plan.
(b) 
Approval of the preliminary plan shall not constitute approval of the final plan, nor does it authorize recording of the preliminary plan to proceed with the construction of proposed improvements or the sale of any lots. However, such approval does authorize the developer to proceed with the preparation of the final plan.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
In addition to the requirements outlined in Subsection A, the following preliminary plan procedures shall apply to conservation subdivisions in accordance with the Upper Allen Township Zoning Ordinance, as amended.[2]
(1) 
The applicant is strongly encouraged to submit a sketch plan, in accordance with § 220-3.4 of this chapter, prior to submission of preliminary plans. It is further recommended that the existing resources and site analysis plan be prepared during the sketch plan.
(2) 
Four-step design process. It is recommended that the following four-step design process is used to lay out conservation subdivisions to ensure that natural features are protected:
(a) 
Step 1: Delineation of greenway lands and/or conservation lands.
[1] 
The minimum percentage and acreage of required greenway lands should be calculated by the applicant and submitted as part of the sketch plan or preliminary plan in accordance with the provisions of this chapter and of the Upper Allen Township Zoning Ordinance.[3]
[3]
Editor's Note: See Ch. 245.
[2] 
Greenway/conservation lands would include all primary conservation areas comprising floodplains, wetlands and slopes over 25% of those parts of the remaining buildable lands with the highest resource significance. Secondary conservation areas would be delineated to meet the minimum area percentage requirements for greenway/open space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them.
(b) 
Step 2: Location of house sites. Potential house sites would be tentatively located, using the proposed greenway/open space lands as a base map as well as other relevant data on the existing resources and site analysis plan such as topography and soils. House sites shall not be located closer than 100 feet from primary conservation areas and 50 feet from secondary conservation areas.
(c) 
Step 3: Alignment of streets and trails. Upon designating the house sites, a street plan would be designed to provide vehicular access to each house, complying with the standards herein and bearing a logical relationship to topographic conditions.
[1] 
Impacts of the street plan on proposed greenway/open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%, etc.
[2] 
Streets shall be laid out to minimize the number of new cul-de-sac and loop streets.
(d) 
Step 4: Drawing in the lot lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots.
[2]
Editor's Note: See Ch. 245.
C. 
Preliminary plan specifications.
(1) 
The preliminary plan shall be submitted with an application for consideration of a subdivision and/or land development plan and an electronic copy of the plan and reports, and all subsequent amendments.
(2) 
The preliminary plan shall be drawn at a scale of 10, 20, 30, 40, or 50 feet to one inch. Sheet size shall be 24 inches by 36 inches. The preliminary plan shall show the following information:
(a) 
Proposed land development name or identifying title.
(b) 
The municipality or municipalities in which the land development is located. If the project is located in the vicinity of a municipal boundary, the location of said boundary shall be shown on the plan.
(c) 
North point, scale and date.
(d) 
Name and address of the owner of the property or authorized agent.
(e) 
Name, seal and signature of the registered engineer and registered surveyor responsible for the plan.
(f) 
Total acreage of the tract.
(g) 
Maximum building height, number of lots, proposed density and minimum lot size.
(h) 
Signature blocks for approval by the Board of Commissioners and Planning Commission (see § 220-3.8).
(i) 
Length and width of new streets proposed.
(j) 
Type and locations of water supply and sewage disposal facilities proposed (i.e., on-lot or public). For on-lot systems, the location of percolation tests must be shown.
(k) 
Proposed use of land, existing zoning classification for the property and all surrounding properties and proof of any conditional uses, variances or special exceptions which may have been granted. A statement shall also be added to the plan indicating any zoning amendment, conditional use, special exception or variance granted, if applicable.
(l) 
A location map for the purpose of locating the site in relation to the surrounding neighborhood and community. The location map should be at a scale of not less than 2,000 feet to one inch.
(m) 
Tract boundaries clearly showing bearings and distances. Lot line descriptions shall read in a clockwise direction.
(n) 
Source of title of all existing lots.
(o) 
Proposed contours at two-foot vertical intervals or as required by the Township Engineer.
(p) 
Datum to which contour elevations refer. Where reasonably practicable, data shall refer to the PA State Plane projections, PA South Zone (3702), NAD83 horizontal datum, NAVD88 vertical datum. Units shall be in U.S. survey foot.
(q) 
The names of owners of immediately adjacent land; the names of proposed or existing land developments immediately adjacent, and the locations and dimensions of any streets or easements shown thereon which abut the land to be developed.
(r) 
Soil types as indicated by the Soil Survey of Cumberland County, latest edition.
(s) 
All existing watercourses, tree masses and other significant natural features, such as rock outcrops, springs, seeps, wetlands, and floodplains. Large trees (thirty-inch caliper or larger) shall be shown separately, even if located within a tree mass.
(t) 
All existing buildings, sewers, water mains, culverts, petroleum lines, telephone and electrical lines, gas lines, fire hydrants and other man-made features, including size, type, location and ownership.
(u) 
All existing streets on, adjacent to, or within 200 feet of any part of the tract, including name, right-of-way width, and cartway width.
(v) 
All existing property lines, easements and rights-of-way and the purpose for which the easements or rights-of-way have been established, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves. Transmission line easements for gas, electric and petroleum lines shall be specifically noted as such. Special conditions required by these easements shall be noted on the plan.
(w) 
Blocks and lots shall be numbered in consecutive order (e.g., Block A, Lots 1-10; Block B, Lots 11-22).
(x) 
Location of all proposed buildings and other significant proposed man-made features.
(y) 
Location, dimensions and purpose of all proposed streets, alleys, sidewalks, rights-of-way and easements; proposed lot lines with dimensions; driveway access points on all lots where proposed; proposed minimum building setback line and dimensions for each street; proposed buffer yard setback lines; playgrounds, public buildings, public areas and parcels of land proposed to be dedicated or reserved for public use.
(z) 
The location of existing lot line markers along the perimeter of the entire existing tract.
(aa) 
Design of all proposed sanitary sewer, water, storm sewer, and stormwater management facilities, including accurate plan and profile data.
(bb) 
Where the preliminary plan covers only a part of the developer's entire holding, a sketch shall be required of the prospective street layout for the remainder.
(cc) 
The location and configuration of proposed parking facilities and access drives.
(dd) 
A notarized statement to the effect that the applicant is the owner of the land proposed to be developed and that the land development shown on the preliminary plan is made with the applicant's free consent.
(ee) 
Recreation and open space areas.
(ff) 
Plans must include separate drawings to show façade treatment, elevations, floor plans, lighting and signing.
(gg) 
Location and sight distances of driveway access points for land development plans.
(hh) 
When phasing of the development is proposed, plans shall illustrate a phasing plan that includes all plan elements required by this chapter.
(ii) 
Where the plan proposed the creation of any new streets, the application shall be accompanied by a listing of proposed street names, which shall be reviewed by appropriate officials of Upper Allen Township and the United States Postal Service to determine that the same are not identical or deceptively similar to any existing street names.
(jj) 
A statement on the plan indicating any existing or proposed modifications, waivers or deferrals granted by the Township and the date of said action. Any deferred improvements shall be shown on all plans with detail specifications as future improvements. A note shall be placed on all plans indicating that such deferment is valid until such time as the Board of Commissioners deems the improvement necessary.
(kk) 
Radiuses of streets and turnarounds.
(ll) 
Location of cluster or centralized mailbox area. Plans must include an outdoor canopy, cover or other shelter. Plans must demonstrate compliance with ADA requirements. Plans must include a note that proof of approval from the United States Postal Service is required when mail delivery is changed.
(3) 
Applicants proposing a conservation subdivision in accordance with the Upper Allen Township Zoning Ordinance[4] shall provide the following additional information at the time of preliminary plat submission:
(a) 
An existing resources and site analysis plan with a preliminary resource impact and conservation subdivisions. The existing resources and site analysis plan shall be prepared to provide the developer and the Township with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. Conditions beyond the parcel boundaries may be described on the basis of existing published data available from governmental agencies and from aerial photographs.
(b) 
The following information shall be included in the existing resources and site analysis plan:
[1] 
A vertical aerial photograph enlarged to a scale of not less detailed than one inch equals 400 feet, with the site boundaries clearly marked.
[2] 
The location and delineation of ponds, streams, ditches, drains and natural drainage swales, as well as the one-year floodplains and wetlands. Additional areas of wetlands on the proposed development parcel shall also be indicated, as evident from testing, visual inspection, or from the presence of wetland vegetation.
[3] 
Vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grassland, meadow, pasture, old field, hedgerow, woodland and wetland, trees with a caliper in excess of 15 inches, the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age and condition.
[4] 
Soil series, types and phases, as mapped by the Cumberland County Soil Survey, and accompanying data published for each soil relating to its suitability for construction (and, in unsewered areas, for septic suitability).
[5] 
Ridgelines and watershed boundaries shall be identified.
[6] 
Geologic formations on the proposed development parcel, including rock outcropping, cliffs, sinkholes, and fault lines, based on available published information or more detailed data obtained by the applicant.
[7] 
All existing man-made features, including, but not limited to, buildings, streets and culverts, driveways, farm roads, wood roads, bridges, buildings, foundations, walls, wells, drainage fields, dumps, utilities, fire hydrants, storm and sanitary sewers and water mains.
[8] 
Locations of all historically significant sites or structures on the tract, including, but not limited to, cellar holes, stonewalls, earthworks, and graves.
[9] 
Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.).
(c) 
The preliminary resource impact and conservation report shall contain a report and map of impact areas which clearly demonstrate the impact of proposed development activities and physical alterations on existing site resources and measures taken to minimize site disturbance to the greatest extent practicable. The qualifications and experience of the preparer shall be provided.
(d) 
Adjusted tract area (ATA) calculations for all conservation subdivisions in accordance with the Upper Allen Township Zoning Ordinance[5], showing the total acreage of the tract and the constrained land area, with detailed supporting calculations.
[5]
Editor's Note: See Ch. 245.
(e) 
Yield Plan (conventional subdivision design): option method in place of the adjusted tract area calculations above, for calculating density in conservation subdivisions and in accordance with the Upper Allen Township Zoning Ordinance.[6] The yield plan shall be based upon the density factor of the chosen option applied to the gross tract acreage.
[6]
Editor's Note: See Ch. 245, Zoning.
(f) 
Community association document. A community association document, also known as a "homeowners' association document" or a "condominium association document," shall be provided for all subdivision and land development applications which propose lands or facilities to be used or owned in common by all residents of the subdivision or land development and not deeded to the municipality. The elements of the community association document shall include, but not be limited to, the following:
[1] 
A description for all lands and facilities to be owned by the community association. This description shall include a map of the proposal highlighting the precise location of those lands and facilities.
[2] 
Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided.
[3] 
A declaration of covenants, conditions, and restrictions, giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document which also provides for automatic association membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the association, including voting, elections and meetings. Furthermore, it shall give power to the association to own and maintain the common property and to make and enforce rules.
[4] 
Statements prescribing the process which community association decisions are reached and setting forth the authority to act.
[5] 
Statements requiring each owner within the subdivision or land development to become a member of the community association.
[6] 
Statements setting cross-covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement.
[7] 
Requirements for all owners to provide a pro rata share of the cost of the operations of the community association.
[8] 
A process of collection and enforcement to obtain funds from owners who fail to comply.
[9] 
A process for transition of control of the community association from the developer to the unit owners.
[10] 
Statements describing how the lands and facilities of the community association will be insured, including limit of liability.
[11] 
Provisions for the dissolution of the community association, in the event the association should become unviable, including provisions requiring individual unit owners' responsibility for maintenance of common areas and private streets after the dissolution of the association.
(g) 
Preliminary greenway/conservation landownership and management plan for all subdivision and land developments which include greenway/open space lands. Using the preliminary plan as a base map, the boundaries, acreage and proposed ownership of all proposed greenway areas shall be shown. In addition, the applicant shall also submit a preliminary greenway ownership and management plan detailing the entities responsible for maintaining various elements of the property and describing management objectives and techniques for each part of the property. Such management plans shall be consistent with the requirements of the Upper Allen Township Zoning Ordinance ("Ownership and maintenance of conservation and greenway areas and common facilities.")[7]
[7]
Editor's Note: See § 245-11.10.
[4]
Editor's Note: See Ch. 245, Zoning.
(4) 
The preliminary plan shall include thereon or be accompanied by:
(a) 
Feasibility study on sewer and water facilities for the tract (§ 220-3.7) and for land developments, a plan revision module for land development along with recommendations from the regional office of the PA DEP.
(b) 
Reports in accordance with § 220-3.7 for subdivisions and land developments, where applicable, unless waived by the Board of Commissioners.
(c) 
Profiles, typical cross sections and specifications for proposed street improvements. Profiles shall be drawn at a horizontal scale of one inch equals 50 feet and at a vertical scale of one inch equals 10 feet or one inch equals five feet.
(d) 
Profiles and other explanatory data concerning the installation of sanitary and storm sewage systems and water distribution systems. Profiles shall be drawn at a horizontal scale of one inch equals 50 feet and at a vertical scale of one inch equals 10 feet or one inch equals five feet.
(e) 
Preliminary engineering designs of any new bridges or culverts proposed in the tract.
(f) 
A drawing of all present and proposed grades and facilities for stormwater drainage and supporting calculations.
(g) 
Design of all landscaping and buffer yards complying with the requirements of this chapter. A landscaping plan shall be provided to include the location of proposed plantings, type, size, etc. A table must be included on the plan to show what plantings are required by this chapter and the Zoning Ordinance[8] and what plantings are being provided.
[8]
Editor's Note: See Chapter 245, Zoning.
(h) 
Erosion and sedimentation control plans and post construction stormwater management plans, as required by the Cumberland County Conservation District and PA DEP.
(i) 
Photometric plans.
(j) 
Wetland delineation report and jurisdictional determination from the U.S. Army Corps of Engineers.
(k) 
Wetland mitigation plans.
(l) 
Soil percolation tests shall be performed for all developments where structures at the time of construction will not be connected to any active public sewage disposal systems. Tests will be made in accordance with the procedure required by the PA DEP. The Township Sewage Enforcement Officer and/or a sanitarian of the PA DEP shall certify that a location is available for the on-lot sewage disposal system for each lot. The minimum lot size where on-lot systems and wells are proposed shall be one acre. All lots relying on on-lot sewage disposal systems shall test and designate an alternate absorption area, perpetually protected from disturbance by a permanent easement. Alternate absorption areas shall not be permitted in common areas of the proposed development.
(5) 
Notifications.
(a) 
Where the tract described in the application includes any public utility, electric transmission line, gas pipeline, or petroleum product transmission line located within the tract, the applicant or lessee of such right-of-way shall notify the owner of the right-of-way of his intentions. A note stating any conditions regarding the use of the land, minimum building setback, or right-of-way lines shall be included on the plan. This requirement may also be satisfied by submitting a copy of the recorded agreement.
(b) 
Where the land included in the subject application has an agricultural, woodland, or other natural resource easement located within the tract, the application shall be accompanied by a letter from the party holding the easement stating any conditions on the use of the land. This requirement may also be satisfied by submitting a copy of the recorded easement.
(c) 
Where applicable, the plan shall include a note indicating the absence of streams, wetlands, rock outcrops, soil subsidences, floodplains, contaminated soils, or slopes in excess of 25%.
(d) 
In the case of a plan which requires access to the highway under the jurisdiction of PennDOT, the following statement shall be included: "A highway occupancy permit is required pursuant to § 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law."[9]
[9]
Editor's Note: See 36 P.S. § 670-420.
[Amended 3-5-2025 by Ord. No. 844]
A. 
Application and review procedure.
(1) 
A final plan application is required of all subdivision and land development plans. When a preliminary plan application is required, in accordance with § 220-3.5, applications for final plan approval can be submitted only after obtaining preliminary plan approval.
(2) 
Final plan details shall include all applicable information required for a preliminary plan, in accordance with § 220-3.5.
(3) 
The final plan shall be consistent with the preliminary plan. The final plan may include sections of an approved preliminary plan, provided each section independently conforms to the ordinance, regulations and other standards of the Township, and includes a reasonable portion of the preliminary plan.
(4) 
Final plan shall be submitted to the Township by the first business day of the month, unless otherwise noted by the Township, in which the plan will be considered by the Township Planning Commission in order to be placed on the agenda.
(a) 
Plans submitted to other regulatory agencies shall be submitted by the first business day of the month, unless otherwise noted by the Township or the agency.
(b) 
If at any time it is necessary to revise the final plan or associated plans, reports, etc., such revised plans and/or documents must be submitted not less than 15 business days prior the Planning Commission's or Board of Commissioners' regularly scheduled meeting date in order to be placed on the agenda. Additional time may be required by the Township.
(5) 
Final plan applications shall include the following:
(a) 
A minimum of 15 copies of the final plan and two copies of all reports, notifications and certifications which are specified in § 220-3.7 unless otherwise noted by the Township. Additional copies of the final plan and reports may be required by the Township.
(b) 
One application form available from the Township for consideration of a subdivision and/or land development plan.
(c) 
Filing fee as set by resolution of the Board of Commissioners of Upper Allen Township.
(d) 
An electronic copy of the plan reports, notifications, certifications, façade drawings, and other required items, and all subsequent amendments. PDF format is preferred.
(6) 
Proper completion. The designated Township representative shall first determine that the final plan application is complete in accordance with § 220-3.6A(5). This determination does not constitute approval or disapproval of the final plan but is provided to assure the submission of sufficient data for the Planning Commission to make a formal action on lot add-on plans, and for the Board of Commissioners to make a formal action on all other final plans. If the application is found to be incomplete, the applicant will be notified, in writing, that the submitted data does not constitute a formal filing of the final plan and specify the deficiencies.
(7) 
Distribution. A designated Township representative shall distribute the final plan to the Township Zoning Officer, Township Solicitor, Township Engineer, Township Planning Commission, Board of Commissioners, Fire Department, Police Department, and, if deemed necessary, other officials' boards and agencies. It shall be the responsibility of the developer to distribute plans to outside review and regulatory agencies for required approvals (e.g., adjacent municipalities, school board, PennDOT, Cumberland County Conservation District, PA DEP, County Planning Commission, Natural Resource Conservation Service, etc.).
(8) 
Guarantee. Before recording an approved final plan, the Board of Commissioners shall be assured by means of a financial guarantee, as provided in Article IV of this chapter, that all improvements required by this chapter will be installed by the developer in strict accordance with the Commissioners' approval and within a specified time after approval of the final plan.
(9) 
Earthmoving activities:
(a) 
All earthmoving activities within the Township shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation.
(b) 
In order to fulfill the requirements of the PA DEP Rules and Regulations, Chapter 102, for any subdivision which requires the construction of streets or other earthmoving activity on an area of over 5,000 square feet, the Township Planning Commission shall not recommend approval and the Board of Commissioners shall not approve the final plan unless the subdivider submits evidence of having obtained all applicable permits from the Cumberland County Conservation District and PA DEP.
(10) 
Any plan which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall not be finally approved and recorded unless the highway occupancy permit has been acquired pursuant to § 420 of the Act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law."[1]
[1]
Editor Notes: See 36 P.S. § 670-420.
(11) 
The Board of Commissioners shall determine whether final plans, with the exception of lot add-on plans unless otherwise determined by the Planning Commission, shall be approved or disapproved and shall give notice to the developer in accordance with the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(12) 
The Board of Commissioners in its final approval of a plan may condition such approval on the developer entering into a development agreement with the Township detailing the plan elements, specifications and improvements agreed upon. Such agreement shall be prepared by the Township and shall be duly executed and acknowledged by the developer and the Township and shall be binding upon the developer and upon the developer's heirs or successors and assigns. The failure or refusal of the developer to sign the development agreement within 10 calendar days of its presentation for signature shall result in a deemed denial of the plan.
(13) 
Upon approval of the final plan, the developer shall record such plat in the Office of the Recorder of Deeds of Cumberland County, in accordance with the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(14) 
Upon approval of the final plan, the developer shall provide the Township with a .dwg file that includes one drawing of all the lots on the plan. The data should include the recorded information, to include parcel and tract boundaries, lot lines, building footprints, edge of pavement, street rights-of-way (to include curbs and sidewalks), storm sewer infrastructure, sanitary sewer infrastructure, any utility or easements (public and private), hydrants, and other data as deemed necessary by the Township and with spatial projection of PA State Plane projections, PA South Zone (3702), NAD83 horizontal datum, NAVD88 vertical datum. Units shall be in U.S. survey foot. A digital copy of the final plan in PDF format shall also be submitted.
B. 
Specifications.
(1) 
The final plan shall be drawn at a scale of 10, 20, 30, 40 or 50 feet to one inch. Sheet size shall be 24 inches by 36 inches, unless otherwise noted by the Township. The final plan shall include all specifications shown under § 220-3.5 for preliminary plans in addition to the following information:
(a) 
Certification of title showing that the applicant is the owner of the land.
(b) 
For subdivisions, certification by a licensed surveyor and licensed engineer certifying to the accuracy of survey and plan. For a land development plan, certification by a licensed surveyor, licensed engineer or landscape architect, certifying to the accuracy of the proposed development plan.
(c) 
A complete street layout shall be provided at a scale of one inch equals 800 feet.
(d) 
Primary control points, approved by the Township Engineer, or description and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plan shall be referred.
(e) 
Sufficient data to determine readily the location, bearing and length of every street, lot and boundary line and to reproduce such lines upon the ground. Such data to be tied into monuments as required.
(f) 
All dimensions and angles or bearings of the lines of each lot and of each area proposed to be dedicated to public use for the purpose for such areas.
(g) 
All dimensions shall be shown in feet and hundredths of a foot.
(h) 
The location and materials for permanent reference monuments shall be shown on the plan.
(i) 
Statement of owner dedicating streets, rights-of-way, and any sites for public use which are to be dedicated.
(j) 
The final grading plan shall include finish floor elevations for proposed structures and spot elevations as needed to clarify proposed grades.
(k) 
Landscaping plan meeting the requirements of this chapter. A landscaping plan shall be provided to include the location of proposed plantings, type, size, etc. A table must be included on the plan to show what plantings are required by this chapter and the Zoning Ordinance[4] and what plantings are being provided.
[4]
Editor's Note: See Chapter 245, Zoning.
(l) 
Plans must be prepared in permanent black opaque ink or in black print Mylar.
(m) 
Note in § 220-5.10(A)(2) must be on plans.
(n) 
Plans must contain original signatures signed in permanent black opaque ink.
(o) 
Plans shall be legible in all details.
(p) 
When phasing of the development is proposed, plans shall illustrate a phasing plan that includes all plan elements required by this chapter.
(q) 
Location of percs, probes and wells. Wells must maintain the minimum separation distances, as required by DEP, from both the primary and alternate absorption areas.
(r) 
Plans must include the Pennsylvania One Call System, Inc., number (1-800-242-1776) as the contact prior to any excavation activities.
(s) 
Clear sight triangles and stopping sight distances, as required by Article V of this chapter.
(2) 
The plan shall be accompanied by the following data:
(a) 
Profiles of streets showing grades at a minimum scale of 50 feet horizontal and five or 10 feet vertical.
(b) 
Cross sections of streets showing the width of right-of-way, width of cartway, location and width of sidewalks, and location and size of utility mains. Cross sections shall be at intervals of 50 feet, or as required by the Township Engineer. Cross sections shall be provided for the construction of new streets and for the widening of existing streets.
(c) 
Plans and profiles of proposed sanitary and/or stormwater sewers, with grades and pipe sizes indicated, and a plan of any proposed water distribution system showing pipe sizes and location of valves and fire hydrants.
(d) 
Location and method of streetlighting facilities, including who will maintain the streetlight facilities, if any.
(e) 
Other state and county certificates as may be required.
(f) 
Proposed protective covenants running with the land, if any.
(g) 
Such certificates, affidavits, endorsements or dedications as may be required by the Planning Commission or the Board of Commissioners of the municipality in the enforcement of these regulations, and at least in the amount and form as provided for in § 220-3.7.
(h) 
A cost estimate of public improvements for establishment of the financial security, in accordance with Article IV of this chapter.
(i) 
Final engineering and design of any bridges or culverts.
(3) 
Notifications.
(a) 
All notifications required under the preliminary plan specifications shall be included on the final plans.
(b) 
A statement must be included on the plan to indicate any modifications, waivers or deferrals granted by the Board of Commissioners and the date of said action. Any deferred improvements shall be shown on all plans with detail specifications as future improvements. A note shall be placed on all plans indicating that such deferment is valid until such time as the Board of Commissioners deems the improvement necessary.
(c) 
Notification from DEP that approval of the sewer facility plan revision module for land development or supplement has been granted or notice from DEP that such approval is not required.
(d) 
Notification from the appropriate state and federal agencies that permits have been issued or are not required, for any proposed activities within streams, wetlands, or any other state or federally regulated body of water. These permits include, but are not limited to, floodplain encroachment permits, dam permits, earth disturbance permits, stream encroachment permits and general permits.
(e) 
When a final plan is submitted in sections, the above notifications for all applicable activities on the entire site shown on the approved preliminary plan shall be provided upon submittal of the first final phase of the project.
A. 
Sanitary sewer. A sewer facilities plan revision module for land development, or supplement, when required by the Pennsylvania Sewage Facilities Act 537 of 1966, as amended.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
Hydrogeologic/water facilities study.
(1) 
A hydrogeologic/water facilities study, describing the availability and/or adaptability of water facilities in or near a proposed subdivision or land development, shall be prepared and submitted to the Township.
(2) 
The hydrogeologic/water facilities study shall be prepared by a registered professional engineer or hydrogeologist experienced in the field and procedures involved. The report shall be submitted in conjunction with the preliminary and final plans for review by the Township Engineer.
(3) 
The hydrogeologic/water facilities study shall be prepared as a written report and shall include the following basic data in textual and tabular form:
(a) 
A project narrative describing the overall project.
(b) 
A narrative describing and focusing on the development site and an area of one-fourth-mile buffer surrounding the site.
(c) 
The report study shall consist of an examination of the possible use of on-site water supply systems and the impact of such systems on groundwater supply, connection to an existing water supply system or the construction of a central community system.
(d) 
The study shall include a complete geologic profile and plan and a discussion of the effect of the proposed development and construction activity on the groundwater supply.
(e) 
The study shall also include a statement and justifiable analysis by the registered professional engineer or licensed geologist as to the sufficiency of the subsurface aquifers to support on-lot water systems for the proposed development, verified by well testing and other appropriate means, as well as analyzing the impact on existing sources.
(f) 
The study shall describe the distance from the nearest public water supply system and the capacity of the system to accommodate the proposed subdivision or land development.
(g) 
Where a central community water system is proposed, the report shall provide evidence that the system will have an adequate supply of potable water for domestic or other proposed use and that each unit or building will have adequate supply for the purpose of fire protection.
C. 
Hydrogeologic/sewer facilities study.
(1) 
A hydrogeologic/sewer facilities study, describing the availability and/or adaptability of sewer facilities in or near a proposed subdivision or land development, shall be prepared and submitted to the Township.
(2) 
The hydrogeologic/sewer facilities study shall be prepared by a registered professional engineer or licensed geologist experienced in the field and procedures involved. The report shall be submitted in conjunction with the preliminary and final plans for review by the Township Engineer.
(3) 
The hydrogeologic/sewer facilities study shall be prepared as a written report and shall include the following basic data in textual and tabular form:
(a) 
A project narrative describing the overall project and the proposed method of sewage disposal for each lot.
(b) 
A narrative describing and focusing on the development site and an area of one-fourth-mile buffer surrounding the site.
(c) 
The study shall describe the distance from the nearest public sewer system and the capacity of the system to accommodate the proposed subdivision or land development. The feasibility of utilizing said systems for sewage disposal shall be included where on-site sewage facilities are proposed.
(d) 
Soil test results, certified as accurate by the Township Sewage Enforcement Officer, to assess the ability of the soil to absorb waste from any proposed subsurface sewage disposal facilities. Primary and alternate absorption areas must be identified and tested.
(e) 
Calculations and a narrative describing how the proposed on-site sewage facilities will adequately and properly dispose of the anticipated quantities of waste. Standards for installation of on-site sewage disposal systems shall be as required by DEP at the time of construction.
D. 
Stormwater. A drainage plan shall be prepared in accordance with the Upper Allen Township Stormwater Management Ordinance.[2]
[2]
Editor's Note: See Ch. 214, Stormwater Management.
E. 
Steep slope. A steep slope report for all applications involving construction on lands that possess slopes exceeding 15%. The steep slope report shall include the following:
(1) 
A topographic map of the site which highlights those areas that possess slopes exceeding 15%. Also reflected on his map shall be all existing and proposed site alterations and improvements (e.g., buildings, streets, access drives, driveways, parking compounds, utilities, etc.) that are located within the steep slope area.
(2) 
In those instances where construction and/or modifications is proposed to the existing topography and vegetative cover within areas of 15% or greater slope, the applicant shall provide a detailed description of the methods that are being used to:
(a) 
Protect and stabilize areas that have a high potential for soil erosion;
(b) 
Accommodate stormwater runoff;
(c) 
Ensure structural safety and minimize harm to the environment associated with construction on steep slopes;
(d) 
Protection and preservation of on-site and off-site valuable natural wildlife, plant habitats and water quality;
(e) 
Protection of steep slopes on adjoining properties; and
(f) 
Ensure adequate foundations for buildings and/or other structures.
(3) 
In those instances where construction and/or modifications to the existing topography and vegetative cover in areas of 18% or greater slopes, the applicant shall provide a soils engineering report. A soils engineering report shall be prepared by a registered professional engineer or licensed geologist with expertise in soil, geology and construction. The report shall include:
(a) 
The nature, types, distribution and stability of the surface and subsurface soils for load bearing, stability and compaction;
(b) 
Extent, description and location of exposed rock and bedrock;
(c) 
Erodibility of surface soil; and
(d) 
Depth to seasonal high water table.
F. 
Traffic impact reports.
(1) 
A traffic control report shall be submitted for all development which propose new public or private streets, changes in traffic patterns, public transit, or bicycle lanes or any combination thereof. The report shall include what traffic control devices are warranted for any streets, lanes and intersections, and other improvements as may be warranted by the Engineer and Board of Commissioners of Upper Allen Township.
(2) 
A traffic impact report shall be submitted for all subdivisions and/or land developments which meet the following criteria:
(a) 
Traffic impact reports shall be provided in accordance with the requirements in this section, whether proposed initially or cumulatively for all residential subdivisions and/or land developments containing 20 or more lots or dwelling units, all nonresidential land developments with total building(s) in excess of 10,000 square feet gross floor area or average daily traffic volume of 250 trips, or any mixed-use development.
(b) 
The Township Zoning Officer or Township Engineer or its designee, the Planning Commission or the Board of Commissioners determines there are existing traffic problems in an area or that the existing transportation network may be inadequate to handle the volume or character of traffic likely to result from the proposed land development.
(c) 
The study shall assess the impacts to adjacent roadways and identify improvements that may be required to maintain a level of service (LOS) rating of "D" on the affected roadway network. Where the affected roadway network is determined to have a LOS rating of "E" or "F," the study shall identify specific improvements that would restore a LOS rating of "D" or better. For commercial and industrial developments, the traffic impact shall include analysis of access drives interior to the site.
(3) 
When establishing the study area boundaries, sufficient area shall be included to ensure that key corridors that afford access to the site and critical intersections that may be affected by the site-generated traffic are taken into account. The exact limits of the study area shall be based on engineering judgment and an understanding of existing traffic conditions and existing multimodal conditions at and in the vicinity of the proposed site. In all instances, however, the study limits must be mutually agreed upon by the applicant and the Township prior to the preparation of the traffic impact study.
(a) 
All existing and proposed site uses. The existing and proposed uses of the site shall be identified in terms of the various zoning categories in the jurisdiction. In addition, the specific use on which the request is made shall be identified. In the case where a current land use is being upgraded or modified, a description of the proposed improvements with respect to density changes shall be included. Such a density change may necessitate replacing existing traffic volumes generated by the current land use with increased volumes resulting from a change in land use and density.
(b) 
Existing and proposed nearby uses. A complete description of the existing land uses in the vicinity of the site, as well as their current zoning shall be included. The proposed uses for adjacent land in terms of zoning categories shall be included. This latter item is especially important where large tracts of undeveloped land are in the vicinity of the site and within the defined study area.
(c) 
Existing and proposed roadways, intersections, transit, trails and paths.
[1] 
The study area shall describe existing roadways and intersections within the study area with respect to geometrics and traffic signal control as well as any planned and committed roadway and traffic operational improvements by government agencies. In addition to critical intersections, high volume driveways adjacent to or across from the site shall be identified.
[2] 
An analysis of existing and future projected traffic conditions shall be prepared so that the impacts of the proposed development can be determined. Future traffic projections should consider a ten-year growth period beyond the construction of the proposed development. The section shall describe the results of the volume studies and capacity analysis to be completed for the roadways, intersections and driveways in the vicinity of the site under existing and future conditions as well as any data collection efforts that are required. The source and/or method of computation for all traffic volumes and capacity analysis shall be included. Traffic studies are to comply with PennDOT Publications 201 and 282, as amended, and the Institute of Transportation Engineers Guidelines. Where discrepancies between reference documents exist, the more restrictive standards shall apply.
[3] 
The study shall also address site circulation of pedestrians, bicyclists, public transit, and vehicles; identify impacts of the development-generated traffic onto the existing multimodal network; and provide appropriate mitigation for safe and efficient movement of pedestrians, bicyclists, transit and vehicles.
[4] 
The study shall include an executive summary. The summary shall be a clear, concise description of the study findings, recommendation and, where applicable, proposed improvements and who will pay for said improvements.
(4) 
Waiver of requirements. At the request of the applicant, the Board of Commissioners may approve a waiver of the traffic impact report and accept either a specific capacity improvement or contribution to the Township of a fee in lieu of a specific capacity improvement to be made at a future date.
G. 
Park and recreation.
(1) 
A park and recreation report for residential developments of 25 or more units. This report shall be prepared by a registered landscape architect (RLA), with the following minimum considerations:
(a) 
A description of the total projected number of residents in their respective age groups.
(b) 
A description of those existing public recreation facilities to include, but not limited to, parks, trails and bicycle lanes, located within a one-half-mile radius of the site.
(c) 
A description of the adequacy of existing recreation facilities to serve the proposed residents, taking into consideration current usage.
(d) 
A discussion of potential for any recreation facilities to be provided by the developer to accommodate new residents and/or compensate for any anticipated deficiencies of the Township's recreational facilities.
(e) 
A description of any recreation facilities to be provided by the developer.
(f) 
A discussion on the relationship of the proposal to other parks and recreation facilities located within the Township.
(g) 
A description of the responsibility for maintenance of any recreational facilities to be provided by the developer.
(h) 
A description of accessibility of the proposed facilities to general Township residents.
(i) 
Source of standards used in the data presented.
(2) 
The park and recreation report will be transmitted to the Township Planning Commission for review.
H. 
Historical features.
(1) 
A historic features narrative shall be required for all applications involving structures or lands that are listed on the National Register of Historic Places; have received a determination of eligibility from the National Register from the National Park Service; or are identified by the Pennsylvania Historical Museum Commission (PHMC).
(2) 
The development shall be designed to preserve, adaptively reuse, or otherwise provide for the historic features. Modifications and exterior alterations to historic features or sites, or new construction adjacent to historic features, shall be consistent with the Secretary of the Interior's Standards for Rehabilitation of Historic Properties, as published by the National Park Service.
(3) 
Subdivisions and land developments shall also be designed so that new structures do not block historic views, or obstruct the view of historic properties, and new construction shall be consistent with the Secretary of the Interior's Guidelines. If, because of size, construction material or type of use, a proposed land development or subdivision would jeopardize the historic value of a site or structure, the Board of Commissioners may require that such new construction be screened or otherwise visually buffered. The Board of Commissioners may also require that mitigation measures recommended by the PHMC be incorporated into the proposed development to preserve the value of the historic site or structure.
I. 
Important natural habitats. All applications for lands that possess an important natural habitat, as defined herein, shall plot the location or report the presence of the natural resources. Important natural habitat is defined as follows:
(1) 
Wetlands, as defined by criteria of the U.S. Army Corps of Engineers;
(2) 
Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant plant and animal species and communities that are listed as "Pennsylvania Threatened" or "Pennsylvania Endangered"; or
(3) 
PNDI confirmed extant plant and animal species and communities that have a state rank of S1 or S2, which are defined as follows:
(a) 
S1, CRITICALLY IMPERILED — Critically imperiled in the state because of extreme rarity or because of some factor(s) making it especially vulnerable to extirpation from the state; typically, five or fewer occurrences or very few remaining individuals or acres.
(b) 
S2, IMPERILED — Imperiled in the state because of rarity or because of some factor(s) making it very vulnerable to extirpation from the state; typically, six to 20 occurrences or fewer remaining individuals or acres.
The following forms and space for the proper signatures shall be used or placed on the final plans, unless otherwise determined by the Township.
A. 
Lot add-on plans. Each final lot add-on plan submitted for approval shall carry a certification of approval in substantially the following form:
Approved by the Planning Commission of Upper Allen Township, this __________ day of __________, 20 _____.
(Seal)
ATTEST:
Secretary
Chairman
B. 
Each final plan submitted for approval shall carry a certification of approval in substantially the following form:
Conditionally approved by the Board of Commissioners of Upper Allen Township, this ________ day of ________, 20 ___. The conditions of approval were satisfied this ________ day of _____, 20 ___.
(Seal)
ATTEST:
Secretary
President
Approved by the Board of Commissioners of Upper Allen Township, this ______ day of __________, 20 ___.
(Seal)
ATTEST: __________
__________
Secretary
President
Reviewed by the Planning Commission of Upper Allen Township, this __________ day of __________, 20 ___.
(Seal)
ATTEST:
Secretary
Chairman
C. 
Each final plan submitted for approval shall carry a certification of approval for the Cumberland County Planning Department in substantially the following form, unless otherwise required by the Cumberland County Planning Commission:
Reviewed by the Cumberland County Planning Department, this ________ day of ________, 20 ___.
ATTEST: ______________________________
Director of Planning
D. 
Each final plan submitted for approval shall carry a certificate, signed by a surveyor, in substantially the following form:
I, _____________, hereby certify that I am a registered Land Surveyor, or registered Engineer in compliance with the laws of the Commonwealth of Pennsylvania; that this plan correctly represents a survey completed by me on _____________; that all the monuments shown thereon actually exist; and that their location, size, type and material are accurately shown.
(Seal) __________
E. 
When required by the Township, a certificate must also be included attesting to maintaining private roads; indemnification of the Township; and others as required by the Township.
F. 
Each final plan submitted for approval shall carry a deed of dedication in substantially the following form:
We, _____________, the undersigned, owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and hereby lay off, plan and subdivide, said real estate in accordance with the within plan.
The subdivision shall be known and designated as _____________, an addition to _____________. All streets and alleys shown and not heretofore dedicated are hereby dedicated to the public.
Building setback lines are hereby established as shown on this plan, between which lines and the property lines of the street there shall be erected or maintained no building or structure.
There are strips of ground _____ feet in width as shown on this plan and marked: "Easement, reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved." No buildings or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject to the rights of the utilities.
(Additional dedications and protective covenants or private restrictions would be inserted here upon the subdivider's initiative or the recommendation of the Commission; important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor area). The final plan shall specify where each of these additional dedications and protective covenants has been recorded.
The foregoing covenants (or restrictions) are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 20 ___ (a twenty-five-year period is suggested), at which time said covenants (or restrictions) shall be automatically extended for successive periods of 10 years and shall remain in full force and effect unless changed at the end of such period of 10 years by vote of a majority of the then owners of the building sites covered by these covenants (or restrictions).
The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected or maintained in violation hereof, is hereby dedicated to the public and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns.
Witness our Hands and Seals this _____ day of _______________________________, 20 ___.
FOR CORPORATIONS
Commonwealth of Pennsylvania:
:SS
County of Cumberland:
On this, the _____ day of _____________, 20 ___ before me, ____________, the undersigned officer, personally appeared _____________ who acknowledged himself to be the President or Vice President of _____________ a corporation, and that he, as such President or Vice President, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as President or Vice President.
IN WITNESS WHEREOF, I have hereunto set my hand and Official Seal.
____________________________
Notary Public
My Commission expires: ________________________
FOR OTHER THAN CORPORATIONS:
Commonwealth of Pennsylvania:
:SS
County of Cumberland:
On this, the _____ day of __________, 20 ___ before me, _____________, the undersigned officer, personally came ____________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that __________ executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and Official Seal.
________________________
Notary Public
My Commission expires: ______________________