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 Lansdale Borough.
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: Subdivision
and Land Development Process graphically presents the general plan
processing procedure.
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Figure 3.1. Subdivision and Land Development Process
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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 Lansdale Borough 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 Lansdale Borough to provide the applicant with its
informal advice and guidance, which shall not be binding on the Borough,
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,[1] but are recommended and will be considered as a tool for
informal discussion and nonbinding guidance regarding future development
issues.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 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 features such as floodplain, steep slopes,
woodlands, and existing structures.
(4)
Contour lines at five- to ten-foot intervals, based on U.S.G.S.
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 Lansdale Borough Director
of Community Development or other designated person to be scheduled
on the meeting agenda of the Lansdale Borough Planning Commission
for presentation and discussion of the sketch plan, provided the plan
is received at least 10 business days prior to the next Lansdale Borough
Planning Commission meeting.
The Lansdale Borough Planning Commission 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 Lansdale 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 Lansdale Comprehensive Plan, the
Lansdale Borough Open Space Plan, the Lansdale Borough Revitalization
Plan, and other pertinent Lansdale Borough plans and studies, as updated.
H.
Consistency with the Lansdale Borough Zoning Ordinance.
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 the 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 the Zoning Ordinance).
(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, special exceptions, or conditional
use 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 or beneficiaries 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 Lansdale Borough Council
President, Borough Secretary, Lansdale Borough Planning Commission
Chair, Borough 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 400 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)
Curb lines.
(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, street lighting, and any signs, whether
public or private.
(3)
Water resources, including:
(a)
Watershed designation.
(b)
Lakes and ponds.
(c)
Wetlands, swamps, marshes, and riparian buffers.
(d)
Watercourses and their sizes in addition to any springs.
(e)
Existing well locations, in use, capped, and abandoned.
(f)
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 Lansdale Borough Engineer for the watercourse(s)
affecting the site.
(6)
Other existing stormwater and/or erosion control facilities,
including:
(7)
Other natural features, including:
(a)
Location, size, species, and condition of trees six inches in
diameter at breast height (dbh) or greater, when standing alone or
in small groups.
(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 § 347-304C(7)(a) ("Location, size, species. . .") above does not include a waiver of this provision. In addition, should the use of a sample count be allowed, this provision shall not be included in the sample; these trees shall nevertheless be located and identified.
(9)
Contour information, including:
(a)
Contour lines at a vertical interval of one foot for land with
natural slopes averaging 2% or less, 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%.
(10)
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 100 feet beyond the tract boundaries.
(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.
(11)
Other information as recommended by the Borough Planning Commission
or deemed necessary by Borough Council.
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 § 347-406, Open space criteria, 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 stalls,
loading spaces, handicap 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 street lighting indicating location and
type of fixtures to be installed.
(b)
Layout and dimensions of all lots, including the net and gross
lot area as defined within the Zoning Ordinance, and the proposed
use of any nonresidential lots shall be noted.
(c)
Water resources and other natural features identified in § 347-304C, Existing features plan, 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 including:
[1]
Existing vegetation to be removed.
[2]
Existing vegetation to be preserved, including documentation
of tree protection 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.
[3]
The minimum, average, and maximum maintained illumination levels
for the areas being illuminated to demonstrate compliance with lighting
requirements in Lansdale Borough.
[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, 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%.
(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 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
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, five, or 10 feet to the inch, whichever is appropriate.
(d)
Approved on-site disposal locations and other locations where
soil tests were performed.
(f)
Finished floor elevations of proposed buildings.
(g)
Municipal waste disposal facilities.
(h)
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, five, 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, 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)
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, street
lights and other improvements along roads.
(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 resources impact statement, 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 Lansdale Borough Council 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.
(a)
Within floodplains, all subdivisions and land development plans
shall be drawn to assure that:
[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.
(b)
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 § 347-304D, Proposed features and lotting plan, 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 Borough ordinances.
(c)
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.
(d)
A copy of all plans for new construction in floodplain areas
shall be submitted to the Borough and to the Montgomery County Conservation
District for review and approval. Further, the required Pennsylvania
Department of Environmental Protection (PADEP) permits must be obtained
prior to final plan approval. The requirements of the Conservation
District and the PADEP 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 the Lansdale Borough Zoning Ordinance.
(11)
Other information as recommended by the Borough Planning Commission
or deemed necessary by Borough Council.
The procedures and requirements contained in this section shall
govern the submittal and review of preliminary plans for subdivision
and land development.
A.
Twelve half-size paper copies (not greater than 11 inches by 17 inches)
of the preliminary plan shall be filed with the Lansdale Borough Director
of Community Development 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 disc 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 Community Development.
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 Lansdale
Borough." 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 Lansdale Borough Director of Community Development 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)
Lansdale Borough filing fees, in accordance with the fee schedule
adopted by resolution of Council in effect at the time of the application.
(2)
Montgomery County Planning Commission review fee.
(3)
Completed Lansdale Borough application, administrative forms,
and signed consultant professional services agreement, which is available
from the Borough.
D.
The Lansdale Borough Director of Community Development 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 Borough
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 Lansdale Borough Planning Commission following
the plan filing date provided that the preliminary plan and completed
application package and all supporting information are filed with
the Borough at least 15 business days prior to the meeting date.
F.
The Lansdale Borough Manager or Secretary may distribute copies of
the plan and all supporting information to the following for review
and recommendations:
(1)
Lansdale Borough (2).
(2)
Lansdale Borough Planning Commission (3).
(3)
Montgomery County Planning Commission, along with appropriate
fee (1).
(4)
Lansdale Borough Engineer (1).
(5)
Lansdale Borough Solicitor (1).
(6)
Lansdale Municipal Sewer Authority (1).
(7)
Lansdale Fire Marshal (1).
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The applicant shall also provide three copies to be distributed
at the Borough's discretion, and one electronic copy. The applicant
shall furnish additional copies of the preliminary plans and supporting
information at the Borough's request.
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G.
All preliminary plans and revisions to the plans shall be submitted
to Lansdale Borough for review by the Lansdale Borough Engineer, the
Borough Solicitor, and such other technical advisors as may be requested
by the Lansdale Borough Planning Commission (collectively, the "Borough
Consultants"), and by the Montgomery County Planning Commission and
other appropriate reviewing agencies, who shall provide their written
comments to the Lansdale Borough Planning Commission for its consideration.
Upon completion of its review of the preliminary plan submission and
recommendations of the Borough Consultants and reviewing agencies,
the Borough Planning Commission shall provide its written recommendations
to Lansdale Borough Council.
H.
Lansdale Borough 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 Lansdale Borough Planning Commission meeting next
following the plan filing date, provided that if the next regular
meeting of the Lansdale Borough 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 Borough,
may be granted in writing by the applicant. An unlimited extension
of time shall not preclude the Borough Council from taking action
to accept or reject the preliminary plan at any time it elects to
do so. In the event that an applicant takes no action on a proposed
preliminary plan for 12 months or more, the Borough may issue a notification
letter to the applicant that the Borough Council will consider the
preliminary plan application at its next regularly scheduled meeting.
I.
Prior to applying to the Zoning Hearing Board for the granting of variances or special exceptions, or to the Borough Council for conditional uses, the applicant must submit a sketch, minor subdivision, minor land development, preliminary or final plan for review as described above so that the Borough Planning Commission and the Borough Consultants may review and comment on the proposal prior to the Zoning Hearing Board or Borough Council meeting at which the variances, special exceptions or conditional uses are to be discussed. Unless the applicant provides an extension of time as per § 347-305H, "An extension of the review period. . .", the Council shall act upon the application within the ninety-day review period.
J.
The Lansdale Borough Planning Commission shall send its recommendations
and the reasons therefor to the Borough Council with a copy mailed
or delivered personally to the applicant.
K.
The Lansdale Borough Council shall consider the preliminary plan
application at one or more of its public meetings following receipt
and consideration of the recommendations of the Lansdale Borough Planning
Commission, Lansdale Borough Engineer, Borough Solicitor, other Borough
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 Lansdale Borough
Planning Commission next following the plan filing date or any extension
thereof, if applicable.
(1)
Provided, in accordance with the Pennsylvania Municipalities
Planning Code,[1] that the Lansdale Borough Council 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(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:
L.
Each preliminary plan revision submitted to the Borough 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 Borough 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. 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. 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.
In addition, any preliminary plan approval by the Borough Council
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. Further, the applicant shall be required to pay all costs
and expenses, including but not limited to engineering and legal fees,
incurred by the Borough associated with identifying and appropriately
addressing undisclosed revisions to the preliminary plan submission.
M.
Procedure following the Lansdale Borough Council decision. When the
Lansdale Borough Council makes a decision on a preliminary plan, one
of the following procedures shall be followed, depending on the type
of decision:
(1)
Denial. If Lansdale Borough Council 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 § 347-305A through H, herein, and the additional procedures below.
(2)
Approval. If Lansdale Borough Council 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 Lansdale
Borough seal and signature.
(3)
Denial with option for approval subject to conditions. If Lansdale
Borough Council 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. The denial
of the plan shall be rescinded automatically without action of Lansdale
Borough Council upon receipt of the applicant's written acceptance
of such conditions. Written notice of the denial with option for approval
subject to conditions shall be provided to the applicant, which includes
the following information:
(a)
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.
(b)
State that the application has been denied and that it will
be automatically approved if the applicant agrees to the conditions
within the ten-day period.
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Following the timely submission of the applicant's written agreement
to the conditions specified by Lansdale Borough Council 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 Lansdale Borough seal and signatures.
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(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 Borough of Lansdale, 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 Lansdale Borough Council's 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.
N.
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.[2]
(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 Lansdale Borough Council 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 Lansdale Borough Council 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 Lansdale Borough subsequent to the date of initial
preliminary plan submission.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
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 Lansdale Borough Council for such purposes.
A.
Twelve paper copies of the final plan shall be filed with the Lansdale
Borough Director of Community Development 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 disc with plan sheets in
a pdf or other acceptable software format, whereupon the applicant
may reduce the required number of copies by an amount indicated by
the Director of Community Development or designated person.
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 Borough 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 Lansdale Borough road access permits;
PADEP 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 Lansdale Borough 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."[1]
[1]
Editor's Note: See 36 P.S. § 670.101 et seq.
(3)
All engineering calculations which support the proposed improvements
such as drainage calculations, sanitary facility design calculations,
or structural calculations.
(4)
Certification of inspection by the Sewage Enforcement Officer
and satisfactory functioning of any on-lot sewage disposal system
which will remain in use, in accord with current industry, DEP, or
County Health Department standards.
(5)
Sewage facilities plan approval from PADEP.
(6)
Approval of the erosion and sediment control plan from the Conservation
District.
(7)
Stormwater management permits from PADEP, 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 18 inches by
30 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.
[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.
(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 and other applicable Lansdale Borough ordinances
and regulations. In any instance where such plans do not conform,
evidence satisfactory to the Borough on advice of the Borough 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 Lansdale Borough Manager or other designated person, certifying
that Lansdale Borough Council approved the final plan on the date
shown.
(b)
Spaces shall be provided for the signatures of Lansdale Borough
Council whose signatures are required.
(c)
Space shall be provided for the signature of the Lansdale Borough
Engineer and Chairman of the Lansdale Borough Planning Commission.
(4)
Certification by the Zoning Hearing Board that any required
special exceptions and variances have been granted.
(5)
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:
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Commonwealth of Pennsylvania
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County of Montgomery
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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.
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Notary Public ________
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My Commission Expires________
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(2)
Where the owner is a partnership, corporation or other entity,
an acknowledgment shall be executed substantially as follows:
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Commonwealth of Pennsylvania
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County of Montgomery
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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.
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Surveyor's Certificate, Boundary, & Topography
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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.
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_____________________________________________________ SEAL
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PLS
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DATE
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SU # -______________________________________
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H.
Approval notation and signatures is as follows:
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Approved by the Borough Council of the Borough of Lansdale this
_____ day of ________________, 20 _____
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Attest
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President
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Secretary
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Engineer
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Certified by the Montgomery County Planning Commission
this
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__________ day of _________________________, 20_____.
File No.
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__________
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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).
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(2)
A stamp indicating the plan has been processed and reviewed
by the Montgomery County Planning Commission (MCPC). See example,
below:
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(3)
"Fire hydrants and streetlights are to be installed at the expense
of the subdivider/land developer in accordance with Borough standards
and with the recommendations of the respective utility companies,
subject to the approval of the Borough Council. Streetlights and street
name signs are to be installed at the expense of the subdivider/land
developer in accordance with Borough standards and dedicated to the
Borough. Lansdale Borough Electric Department and [Phone Utility Name]
of Pennsylvania are granted the right to construct, maintain and repair
pole lines and underground equipment on, under and across lots, and
this shall be so recited in all deed descriptions, together with the
right to construct, maintain and repair pole lines and underground
equipment on, under and across all highways in this tract."
(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 Borough Council."
(6)
Other notations as required by this chapter and the Borough
Council.
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 Lansdale Borough, shall be submitted to Lansdale Borough along
with all supporting information. The Lansdale Borough Director of
Community Development 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 Borough 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 Lansdale Borough Planning Commission following
the plan filing date, provided that the final plans and completed
application package with supporting information are received by the
Borough at least 15 days prior to the meeting date.
C.
The applicant shall furnish additional copies of the final plans
and supporting information at the Borough's request.
D.
All final plans and revisions to the plans shall be reviewed by the
Borough Consultants and the appropriate reviewing agencies, who shall
provide their written comments to the Lansdale Borough Planning Commission
for its consideration. Upon completion of its review of the final
plan submission and the recommendations of the Borough Consultants
and reviewing agencies, the Lansdale Borough Planning Commission shall
provide its written recommendations to Lansdale Borough Council, with
a copy mailed or delivered personally to the applicant.
E.
Lansdale Borough Council shall consider the final plan application following receipt and consideration of the recommendations of the Lansdale Borough Planning Commission and shall render a decision on the final plan submission within 90 days following the date of the regular meeting of the Lansdale Borough 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 § 347-305, Preliminary plan submittal and review procedure.
F.
Each final plan revision submitted to the Borough 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 Borough Consultants on the
previous submission, describe the specific revisions made to the final
plan and/or accompanying documents to address the review comments,
and identify the sheet or page number in which each revision may be
found. 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. 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. In addition, any final plan approval by the Borough
Council 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. Further, the applicant shall be required to pay all costs
and expenses, including but not limited to engineering and legal fees,
incurred by the Borough associated with identifying and appropriately
addressing undisclosed revisions to the final plan submission.
G.
A final plan for an application that has been previously granted
preliminary plan approval shall be approved by Lansdale Borough Council
when evidence satisfactory to Lansdale Borough Council, on advice
of the Borough 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 Lansdale Borough Engineer, as evidenced
by a letter from the Lansdale Borough 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 Lansdale Borough Council, upon
advice of the Borough Solicitor, including deeds of dedication, each
in form and substance satisfactory to Lansdale Borough Council and
the Borough Solicitor, have been satisfactorily executed and delivered
in recordable form by the applicant.
(a)
When requested by the developer, in order to facilitate financing,
Lansdale Borough Council 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.
(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 Lansdale Borough Council.
(5)
The final plan complies in all respects with applicable Lansdale
Borough 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.
Denial with optional approval subject to conditions. If Lansdale Borough Council denies a final plan with conditions to approve that final plan, 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. The denial of the plan shall be rescinded automatically without action of Lansdale Borough Council, upon receipt of the applicant's written acceptance of such conditions. The written notice provided to the applicant shall satisfy the requirements set forth in § 347-305H.
I.
After the final plan is approved the applicant shall present three
paper copies of the plan to the Lansdale Borough Secretary for signature
by Lansdale Borough Council, including the affixing of the official
Lansdale Borough seal. Digital files in GIS and CADD format of the
appropriate proposed public improvements and record plan, in a form
satisfactory to Lansdale Borough, shall also be provided at that time.
Within 90 days following final plan approval or 90 days following
the date of delivery of the signed plans to the applicant by Lansdale
Borough or following completion of conditions imposed for such approval,
whichever is later, the applicant shall record the final plan in the
Office of the Recorder of Deeds of Montgomery County.
A.
In accordance with the Pennsylvania Municipalities Planning Code,[1] whenever final plan approval is required by Lansdale Borough,
the Montgomery County Recorder of Deeds shall not accept any plan
for recording unless it contains the official approval of Lansdale
Borough Council and certification of review by the Montgomery County
Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
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, Lansdale
Borough Council reserves the right to require the submission of a
standard preliminary plan in place of a minor plan upon recommendation
of the Lansdale Borough Planning Commission, the Borough Engineer,
or the Borough Solicitor.
A.
Standards and requirements for qualification as a minor plan submission.
(1)
Lot line adjustment. 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.
(d)
No alteration will occur to any perimeter boundary line of the
two lots.
(e)
Neither lot shall violate the applicable dimensional and setback
requirements of the Zoning Ordinance as a result of the lot line adjustment.
(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
the Zoning Ordinance, 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 the Zoning Ordinance,
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 Borough Solicitor.
(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 three 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 Lansdale Borough 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.
(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 Lansdale Borough
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. Lansdale Borough Council 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 Lansdale Borough Planning Commission
or the Borough Engineer.
(4)
Minor land developments. To qualify as a minor land development plan, a proposal shall meet all of the descriptions of items in Subsection A(4)(a) through (d) below, plus any one of the items in Subsection A(4)(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 Borough 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.
(h)
The conversion of a residential dwelling that results in the
creation of no more than four dwelling units, when permitted by the
Zoning Code.
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 § 347-309A, 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 § 347-306F, (final plan). Certifications herein and the requirements of § 347-307G, A final plan for an application . . ., § 347-307H, Denial with optional approval. . ., and § 347-307I, After the final plan is approved . . ., herein, except as otherwise provided in § 347-309B(3) A minor plan is not required . . ., below.
(3)
A minor plan is not required to include an improvements construction plan as required by § 347-306B, Improvements construction plan, herein.
(4)
A minor plan that will require access to a state highway shall include the "highway access" statement on the plan, as required by § 347-306D, Additional information, herein.
(5)
If the minor plan is approved by Borough Council, the record plan of the minor plan shall be recorded as required by § 347-308, Recording the final plan, herein.
(6)
The Borough shall have the opportunity to require a grading
permit for any minor land development.
Upon review and recommendation by the Borough Planning Commission,
Borough Council may grant a modification of the requirements of one
or more provisions of this chapter, if the literal enforcement of
them would exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification(s) will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed. All requests for modification(s) 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:
