Township of Smithfield, PA PRELIMINARY MAJOR SUBDIVISION PLAN

[Ord. 208, 9/25/2012]

The following information and data shall be included on or accompany all preliminary plans:

General Information.

The name of the subdivision or land development.

Zoning regulations in a tabular format including ordinance requirements and proposed conditions including, but not limited to, yard setbacks, impervious cover, building coverage, minimum lot size requirements, minimum lot frontage, etc.

(3)

The parcel identification number, reverence to the deed book and page number of the recorded subdivision and the name of the Township, County and State in which the property is located.

(4)

The name and address of the owner/developer/applicant.

(5)

The type of water supply and sewage disposal facilities proposed.

(6)

The zoning district and boundaries.

(7)

Proof of any, modification, variance or special exceptions which may have been granted by the Township Zoning Hearing Board.

(8)

A Tax Map format shall be used with owners’ names and parcel numbers shown on abutting properties, including those across streets.

(9)

A location map for the purpose of locating the site showing the relation of the tract to adjoining property and to all streets, roads and municipal boundaries, zoning boundaries existing within 800 feet of any part of the property proposed to be subdivided. The scale of the location map shall allow for easy interpretation of the items listed above.

(10)

The original date, dates last revised, sheets revised, north point and scale shown graphically and numerically on the front sheet of the plan.

(11)

A recent title report shall be submitted verifying any restrictions in the deed affecting the subdivision or development of the property, including, but not limited to, any underground, overhead or surface utility easements or rights-of-way. Copies of easements shall be submitted for review.

(12)

Proof of submission to the all agencies, authorities, commissions, persons, etc., required to be distributed by the applicant/developer under the submission guidelines of this Part.

(13)

Signature blocks for the Township Planning Commission, Township Supervisors, Township Engineer, and County Planning Commission shall be included on all plan sheets which are intended to be recorded.

(14)

All areas or features of the project parcel which are subject to the Township Official Map and the type of reservation as specified on the Official Map.

(15)

A community impact analysis including the following information shall be submitted for rural residential developments or subdivisions containing 15 or more dwelling units or residential lots in the aggregate; all non residential developments (with the exception of agricultural development) with buildings containing in excess of 30,000 square feet of impervious surface; development of any kind impacting 30 acres of land or more in the aggregate; or any development where, at the discretion of the Board of Supervisors, a community impact analysis would be required.

(a)

Impact Analysis.

An impact analysis will be prepared which shows the probable effect of the proposed development with respect to the following:

The number or resident and public school children generated by the proposed development.

Increase in vehicular traffic and the ability of the existing road systems to accommodate traffic and increases.

The anticipated load on public utilities, police, fire companies and EMS.

Disturbance to the natural ecology, such as alluvial soils areas, loss of tree cover and land erosion.

Harmony with the character of surrounding development.

Feasibility of providing public transportation to the site and if feasible, an implementation plan.

Anticipated time period to sell/rent the proposed development.

Feasibility of providing pedestrian walking access to and through the proposed development.

A statement indicating the availability of existing facilities that meet the increased needs that the proposed development will bring to the Township and the improvements, if any, required to be made to accommodate the increased needs.

(b)

Financial Analysis. The following information shall be provided:

Anticipated annual revenues to the Township and the School District for each of the first five years of the development.

Anticipated Township and School District expenses associated with the development for each of the first five years of the development.

(c)

Environmental Analysis.

A Phase I site investigation shall be preformed in accordance with ASTM E1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process as revised and amended. If further analysis is required by the results of the Phase I, that information and subsequent remediation information shall also be forwarded to the Township for review and comment. The locations of any known, suspect or historic orchards, dumps, landfills, shooting ranges, vehicle maintenance shops or human sewage sludges application sites. Also provide the locations and results of any remedial cleanup and/or chemical testing associated with such features shall be shown on the existing features plan for the development. Copies of all known Pennsylvania Department of Environmental Protection (PA DEP) and/or United States Environmental Protection Agency (US EPA) correspondence related to permits, investigations, violations or remedial work that may have been generated for the site shall also be provided.

The following notes shall be added to the record plan of the development, depending on the outcome of the Phase I site investigation:

“There is no knowledge of the subject property containing or having historically contained an orchard, dump, landfill, public shooting range, vehicle maintenance shop and/or human sewage sludge application site, underground tanks or other significant environmental concern. The address of the consulting firm who performed the Phase I site investigation shall be provided with the notation.”

Drafting Standards.

(1)

The scale of the plan shall not be smaller that one inch equals 100 feet. If such a scale is impractical, a lesser scale may be used, provided that prior permission is obtained from the Township Engineer. Grading and stormwater plans shall be at a scale at one inch equals 50 feet or greater.

(2)

Dimensions shall be in feet and decimal parts thereof, and bearings shall be in degrees, minutes and seconds. All radii, arc and chord lengths and central angles of curves shall be indicated. Where the size or magnitude of the plan does not allow the labeling of the curves along the property lines a table can be used with reference back to curves.

(3)

The sheet or sheets shall be a minimum of 24 inches by 36 inches or larger sizes allowed for recordation purposes. If more than one sheet is necessary, each sheet shall be the same size and consecutively numbered to show its relation to the total number of sheets comprising the plan, i.e., Sheet No. 1 of 5, etc.

(4)

If the entire site does not fit on a single plan sheet and more than one sheet is used to show the site, a key map shall be provided sufficient to show the relationship among the sections of the site. In this case match lines shall be provided to allow the plans to be matched from sheet to sheet. If a proposed building or other important feature is truncated by a match line overlap shall be provided to show that feature in its entirety.

(5)

The plan shall be clear and legible and shall be so prepared and bear an adequate legend explaining all symbols used on the plan and to indicate clearly which features are existing and which are proposed.

(6)

The boundary line of the subdivision shall be shown as a solid heavy line.

(7)

All preliminary plans shall be labeled as such.

(8)

All plans must be acknowledged and signed and sealed in accordance with the requirements of the Pennsylvania Engineer, Land Surveyor and Geologist Registration Law. If an environmental consultant, architect or landscape architect collaborated in the preparation of the plan, his/her name and address shall also appear.

Site Context Map. A map showing the location of the proposed subdivision or land development within its neighborhood context shall be submitted.

(1)

For sites under 100 acres, such maps shall be at a scale not less than one inch equals 200 feet, and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be one inch equals 400 feet, and shall show the above relationships within 2,000 feet of the site.

(2)

The features to be shown on a site context map include:

(a)

Topography (from the most current U.S.G.S. maps).

(b)

Streams and water courses, drainage basins and sub-basins.

(c)

Wetlands (from the most current maps published by the U.S. Fish & Wildlife Service or the U.S.D.A. Natural Resources Conservation Service).

(d)

Woodlands over 1/2 acre in area (from aerial photographs).

(e)

Ridge lines.

(f)

Public roads, trails, utility easements, pipelines and rights-of-way.

(g)

Public land and land protected under conservation easements.

(h)

Zoning district boundaries.

(i)

Existing property lines.

(j)

Names of owners of all properties and the names of all subdivisions.

The above information may be superimposed on an aerial photograph.

Existing Resources and Site Analysis Plan. The plans shall show the following information:

(1)

A complete outline survey of the property to be subdivided or developed shall be provided, showing all courses, distances, areas and tie-ins to all adjacent intersections. The survey shall not have an error of closure greater than one part in 10,000. Lot closure reports shall be submitted demonstrating the above stated closure requirements.

(2)

The plan shall be prepared as an overlay on top of aerial photography of the site.

(3)

The total acreage of the land to be developed or divided.

(4)

The location, name and right-of-way and cartway widths of all streets bordering the land to be developed or subdivided, including State and local traffic route numbers.

(5)

The location of all existing buildings, towers, sewers, water mains, culverts, petroleum products or gas mains, fire hydrants and other significant man-made facilities and their existing and proposed use or disposition.

(6)

The location of all structures and/or features which are proposed to be removed.

(7)

The location of all existing monuments, iron pipes or pins and spikes relating to the property.

(8)

Contours at vertical intervals of two feet.

(9)

All ground contours taken from United States Coast and Geodetic benchmarks and run direct from the United States Coast and Geodetic benchmark to the degree that the actual elevations of spot points or contours shall be the exact elevations above the United States Coast and Geodetic datum. A full and complete description of a reestablished benchmark shall be supplied in written form in duplicate to the Township after said point has been physically established in a manner approved by the Township Engineer. Horizontal and vertical datums shall be labeled.

(10)

If aerial photography is used in the preparation of a plan the name of the company producing the aerial information and date the aerial photography was flown shall be provided on the plan. If significant man-made or natural activities, as identified by the Township Engineer, has changed the land since the date of the aerial additional/revised aerial photography will be required.

(11)

The location, size and ownership of all underground utilities and any rights-of-ways or easements within the property.

(12)

Existing buildings (and their uses), driveways, sewer lines, storm drains, culverts, bridges, utility easements, quarries, railroads and other significant man-made features within 200 feet of and within the site (this includes properties across roadways). If significant features exist further than 200 feet, the Township may require their inclusion.

(13)

Natural Features. The applicant/developer shall furnish on appropriate maps or other documents all natural features including all natural features defined and regulated by the Township Zoning Ordinance [Chapter 27], areas of boulder fields, and rock outcroppings. All applications shall include maps showing the location of the resources together with area calculations. The amounts and percentages of resources on the site, resources to be disturbed and resources to be preserved shall be shown on the plan graphically and in a chart form. The applicant/developer, as part of the preliminary plan shall submit to the Township a proposal to preserve, to the extent possible the natural features which would be desirable to leave intact.

(a)

Floodplains. The location of any designated floodplain district, the 100-year flood elevations and the boundaries of the floodplain districts, including those determined studies and the FEMA FIRM maps.

(b)

Mature Trees and Woodlands. The species and size of large trees standing alone, mature trees eight inches or more in caliper measured four feet above grade level and the location of any unique plants or other vegetation.

(c)

Woodlands. Woodlands as defined herein shall be shown. Trees need not be individually identified in wooded areas declared to be set aside for undeveloped resource protection land.

(d)

Soils. The soil classifications, hydraulic soil classification and boundary lines of all soils located on the tract with specific reference to any alluvial soils boundary. Soil descriptions for all soil types shall be provided and any building restrictions due to wet soils, seasonally high water table or other restrictions shall be provided on the plans.

(e)

Lakes, Ponds, Streams, Rivers, Creeks and Waters of the Commonwealth. All lakes, ponds and waters of the commonwealth shall be shown.

(f)

Slopes. Slopes of 15% to 25% and slopes of greater than 25% shall be mapped and shown on the plans. The total area of land within these slopes shall be calculated and shown in table form on the plans. The area to be disturbed under the proposed plan application within each slope classification shall be shown and the area of proposed disturbance shall be shown and compared with the Zoning Ordinance [Chapter 27] requirements on slope restrictions.

(g)

Wetlands Delineation. If any of the three wetlands parameters (hydric soils, hydrophytic vegetation or evidence of hydrology) are present on a site proposed for development, a separate wetlands delineation of sufficient detail to allow for thorough review by Township officials must be submitted to the Township. As part of the delineation process, a field investigation shall be performed and wetlands boundaries on the site shall be verified and flagged. Delineation and verification shall be performed by a qualified wetlands professional. The delineation shall be incorporated into the plan. The person or organization performing the delineation shall certify that the delineation has been performed in accordance with the criteria for wetlands delineation established in the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands, or any more restrictive amendments thereto. A jurisdictional determination from the US Army Corps of Engineers shall be provided for all projects identified as having wetlands or waters.

(h)

Wetlands shall be defined by metes and bounds.

(i)

Wetlands Delineation by the Township.

The Township may undertake its own wetlands delineation at the applicant/developer’s expense if any of the following site-specific criteria are applicable:

Greater than one acre of wetlands on site.

Wetland on site associated with wetland system of 10 contiguous acres or greater.

Exceptional value wetlands as defined in 25 Pa. Code §105.17.

Wetland adjacent to park, wildlife refuge or sanctuary, farmland preservation property or other open space area managed and maintained for resource protection purposes.

Wetland association with a watercourse terminating in the Delaware River less than two miles from the site.

Wetland associated with a watercourse with a public water intake less than two miles front the site.

In the event that the applicant/developer’s and the Township’s delineations are conflicting, the delineation that causes the preservation of the largest area of wetlands shall govern.

(14)

Historic Buildings or Features. Any existing buildings and structures, including structural remains which are located on or adjacent to the site, and a statement as to whether or not these buildings have any historical significance.

(15)

Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.).

Resource Impact and Conservation Analysis.

(1)

A preliminary resource impact and conservation analysis shall be prepared for all major subdivisions and land development applications to categorize the impacts of the proposed activities and physical alterations on those resources shown on the existing resources and site analysis. All proposed improvements, including, but not limited to, grading, fill, streets, buildings, utilities and stormwater management facilities, as proposed in the other proposed preliminary plan documents, shall be taken into account in preparing the preliminary resource impact and conservation analysis, which shall clearly demonstrate that the applicant/developer has minimized site disturbance to the greatest extent possible.

(2)

Using the existing resources and site analysis as a base plan, impact areas shall be mapped according to the following categories: (a) primary impact areas, i.e., areas directly impacted by the proposed construction (b) secondary Impact areas, i.e., areas in proximity to primary areas which may be impacted, and (c) designated protection areas, either to be included in a proposed open-space area or equivalent designation such as dedication of a neighborhood park site.

(3)

In addition the applicant/developer shall submit and accompanying resource assessment report divided into the following subsections:

(a)

Description of existing resources as documented on the existing resources and site analysis plan.

(b)

Impacts of the proposed development on existing resources, correlated to the areas depicted in the resource impact and conservation analysis.

(c)

Measures taken to minimize and control such impacts both during and following the period of site disturbance and construction.

(d)

The qualifications and experience of the preparer of the report.

Four-Step Design Process for Conservation Subdivisions. Preliminary plans for conservation subdivisions shall include documentation of the four-step design process set forth in § 22-1003, used in determining the layout of common open space (Greenway land), dwelling units, streets, stormwater management facilities and lot lines. When requested by the Planning Commission, the applicant/developer shall submit four separate sheets indicating the delineation of each step of the design process.

Proposed Improvements. The plans shall show the following information:

(1)

The layout, proposed dimensions, proposed use and consecutive numbering of all lots. All sheets shall show lot numbers. Lot closure reports shall be supplied demonstrating that the proposed lots close with an error less than one in 10,000.

(2)

Building setback lines established by zoning or other ordinances or deed restrictions with distances from the right-of-way line. Building setback lines from floodplains, water features and wetlands shall be shown as chords and defined by metes and bounds. Building setback lines shall be truncated where an easement, buffer, or right-of-way is proposed which would limit the ability of future homeowners from building.

(3)

The location of zoning district boundary lines affecting the subdivision.

(4)

An indication of lots to be used for nonresidential or residential use as intended; the total number of lots created; and the gross lot area and net lot area for each lot.

(5)

Identification of any land proposed to be dedicated for public use, including recreation areas, road widening and required open land. The layout of all open land, including required common open lands and required recreation areas, and the proposed ownership thereof.

(6)

The layout of all streets and walkways, including names and widths of cartways and rights-of-way.

(7)

Typical cross sections and existing and proposed center line profile for each proposed or widened street shown on the plan, including all street extensions or spurs as are reasonably necessary to provide adequate street connections and facilities to adjoining developed or undeveloped areas, and including the profile for proposed sanitary sewers, water mains and storm drains showing manholes, inlets and catch basins. Profiles of existing streets to be widened, extended or improved shall extend 200 feet beyond the tract boundaries.

(8)

Tentative grades of streets extended to an existing street or to a point 200 feet beyond the boundaries of the subdivision.

(9)

Location and size of sanitary sewers, on-site sewage disposal facilities, gas mains, water mains, fire hydrants, streetlights, special structures and other underground conduits or structures, including all related appurtenances.

(10)

Rights-of-way and/or easements proposed to be created for all drainage purposes, utilities and other pertinent reasons.

(11)

The location of proposed monuments.

(12)

Where the preliminary plan covers only a part of the applicant/developer’s entire holding, a sketch shall be submitted of the proposed street layout for the remainder.

(13)

For all subdivision or land developments, except for single-family detached residential, the size and arrangement of buildings and parking areas, along with any length, area, ratio, number or other physical characteristic referred to in the Smithfield Township Zoning Ordinance [Chapter 27], as amended, shall be dimensioned or indicated on the plan. Turning movement diagrams shall be provided to demonstrate that the largest truck or emergency vehicle servicing the development can safely and conveniently navigate the proposed roads, drives, parking and loading areas.

(14)

A landscape plan showing all required street trees, buffers, tree protection areas, a plan for tree protection during construction designed to meet the requirements of § 22-1103 of this Chapter and other required plantings, as required by § 22-1101 of this Chapter and other Township ordinances.

(15)

A lighting plan in accordance with the requirements of this Chapter and the Smithfield Township Zoning Ordinance [Chapter 27] shall be submitted.

(16)

A proposed stormwater management plan, prepared in accordance with the Smithfield Township Stormwater Management Ordinance [Chapter 26, Part 2], the PA DEP BMP Manual, and this Chapter all as amended including a plan of the surface drainage system of the tract to be subdivided or developed, shall be provided along with supporting calculations showing watershed areas, inlets, pipe size and material, pipe slope, headwalls, endwalls and manholes and a statement of the design parameters utilized in arranging and sizing the system.

(17)

A soil erosion and sediment control plan and design basis of surface and subsurface drainage for protection against soil erosion during and after the construction period. Such a plan shall incorporate the following information:

(a)

All present and proposed grades and facilities for storm and subsurface drainage, including:

The location, size and invert elevation of the drain pipes.

The location of manholes or drop inlets and details.

Preliminary designs of any bridges or culverts that may be required. For each culvert or bridge, the plan shall show the area of land drained and the projected flow in cubic feet per second.

(b)

Soil Erosion and Sedimentation Control Plan. The plan shall include all grading and facilities proposed to control soil erosion and sedimentation during construction and proposed detention/retention facilities, in conformance with all applicable Pennsylvania Department of Environmental Protection and United States Soil Conservation Service regulations. A satisfactory letter shall be required from the Monroe County Conservation District on the soil erosion and sedimentation control plan.

(18)

The location and type of all traffic control signs, signals and devices proposed to be installed.

(19)

Where on-site sewage disposal facilities are proposed, a statement from the Township SEO, with regard to the suitability of the soil to absorb sewage wastes and the appropriate planning modules.

(20)

Plans showing proposed public improvements, including bike paths, streets, curbs, gutters and sidewalks, including a typical cross-sectional diagram of proposed street construction, and a utility plan indicating the utility company to provide services.

(21)

A statement or certificate by the applicant/developer indicating that, to the best of his or her knowledge, the plans are in conformity with engineering, zoning, building, sanitation and other applicable Township ordinances and regulations and, if they are not so conforming, detailing the areas of nonconformance and the reasons for requesting a modification to the Township standards.

(22)

Where the subdivision of land is proposed as a part of a land development because of the creation of mortgages encumbering less than the entire tract, a plan showing the proposed division of property, including easements for access to all parcels not fronting on public roads. Such easements shall be a minimum of 56 feet wide.

(23)

Estimates of traffic volumes generated by the project, based upon estimates from the current edition of the institute of Transportation Trip Generation Manual. The Township Planning Commission, Engineer and Board of Supervisors shall review the impact study to analyze its adequacy in solving any traffic problems that will occur due to the subdivision or land development. The Board of Supervisors may decide that certain improvements, on-or off-site, are mandatory for plan approval and may attach these conditions to the approval.

(24)

The applicant/developer shall supply to the Township a statement from a registered engineer detailing the demands that the proposed development will have on the existing public sanitary sewer and public water systems within the Township. The applicant/developer shall supply an application for reservation of capacity or an executed capacity reservation agreement from the appropriate authorities having jurisdiction.

(25)

A preliminary plan not involving the subdivision of land shall show proposed building locations, building sizes, intended uses, preliminary elevation sketches and floor plans, location and size of parking lot, provisions for access and traffic control, locations of loading docks and provisions for landscaping and lighting of site. The plan shall be in conformance with the requirements of the Township Zoning Ordinance [Chapter 27]. With regard to use, area and bulk regulations and design standards for the district for which the proposed land development is located.

(26)

Phased Development. Where a tract is to be developed in phases, a complete preliminary plan for the entire tract shall be submitted initially. The extent of each section for which a separate final plan is to be submitted shall be shown and a time schedule presented for the submission of the final plan for those sections. Each phase of a development must be designed so that the stormwater management facilities, streets, sewer facilities, water facilities, and other improvements could be developed independently and function properly and safely without other phases (e.g., each phase of the stormwater management facilities must be designed to comply with all stormwater management ordinance regulations).

(27)

If land to be subdivided lies partly in another municipality, the applicant/developer shall submit information concerning the location and design of streets, layout and size of lots and provision of public utilities on lands subject to this control within the adjoining municipalities. Evidence of review of this information by appropriate officials of the adjoining municipalities shall also be submitted.

(28)

Grading Plan. Site and lot grading shall be identified on the plans.

(29)

Pavement Core Samples. Pavement core samples shall be provided at the discretion of the Township Engineer with consultation with the Township Road Master for all existing roads abutting the site to be developed. The applicant/developer shall take pavement cores and CBR values of the existing pavement at 400-foot intervals staggered left to right in the path of the outside wheels of vehicles traveling the existing roadway and submit an analysis of the existing pavement based on the foregoing core sample and analysis and the traffic volume, to determine the extent of roadway reconstruction needed.

Improvement Construction Plans. The improvement plan shall show details, including all of the following:

(1)

The improvement construction plan shall be at any of the following scales:

Horizontal	20 feet/inch	50 feet/inch
Vertical	2 feet/inch	5 feet/inch

(2)

Streets.

(a)

Horizontal Plan.

Center line with bearings, distances, curve data and stations corresponding to the profile.

Right-of-way and curb lines with radii at intersections.

Location of beginning and end of proposed construction.

Tie-ins by courses and distances to intersection of all public roads, with their names and widths.

Location of all monuments with reference to them.

Property lines and ownership of abutting properties.

Location and size of all drainage facilities, sidewalks, public utilities, lighting standards and street name signs.

Turning movement diagrams shall be provided to demonstrate that the largest truck or emergency vehicle servicing the development can safely and conveniently navigate the proposed roads, drives and parking and loading areas.

(b)

Profile.

Profile of existing ground surface along center line of street.

Proposed center-line grade with percent on tangents and elevations at fifty-foot intervals, grade of intersection and both ends of curb radii.

Vertical curve data, including length, elevations and minimum sight distances as required by the Engineer.

(c)

Cross Section.

Right-of-way width and cartway width.

Type, thickness and crown of paving.

Type and size of curb.

Grading of sidewalk area.

Location, width, type and thickness of sidewalks and bikeways.

Typical location of sewers and utilities and underdrains with sizes.

(3)

Storm Drains and Sanitary Sewers.

(a)

Horizontal Plan.

Location and size of line with stations corresponding to the profile.

Location of manholes or inlets with grade between and elevation of flow line and top of each manhole or inlet.

Property lines and ownership of abutting properties with details of easements where required.

Beginning and end of proposed construction.

Location of laterals.

Location of all surface and subsurface drainage facilities and public utilities in the vicinity of storm and/or sanitary sewer lines.

Hydraulic design data for culverts, subsurface drains and/or bridge structures.

(b)

Profile.

Profile of existing ground surface with elevations at top of manholes or inlets.

Profile of storm drain and subsurface drains or sewer, showing type and size of pipe, grade, cradle, manhole and inlet locations.

Preliminary Community Association Document.

(1)

A Community Association Document, also known as a Homeowner’s Association Document or a Condominium Association Document, shall be provided for all subdivision or land development applications which propose lands or facilities to be used or owned in common by all the residents of that subdivision or land development and not deeded to the municipality. Such document shall be in compliance with the Pennsylvania Uniform Planned Community Act (as to a Homeowners’ Association Document) or the Pennsylvania Uniform Condominium Act (as to a Condominium Association Document), as the case may be.

(2)

The elements of the Community Association Document shall include, without limitation, the following:

(a)

A description of all lands and facilities to be owned by the Community Association. This description shall include a map of the proposal indicating the precise location of those lands and facilities.

(b)

Statements setting forth the powers, duties, and responsibilities of the Community Association, including the services to be provided.

(c)

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.

(d)

Statements prescribing the process by which Community Association decisions are reached and setting forth the authority to act.

(e)

Statements requiring each owner within the subdivision or land development to become a member of the Community Association.

(f)

Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement.

(g)

Statements that the Community Association Document shall be provided to all prospective lot buyers/owners at the time of the agreement of sale and shall be referenced on the deed for each lot.

(h)

Requirements for all owners to provide a pro rata share of the cost of the operations of the Community Association.

(i)

A process of collection and enforcement to obtain funds from owners who fail to comply.

(j)

A process for transition of control of the Community Association from the developer to the unit owners.

(k)

Statements describing how the lands and facilities of the Community Association will be insured, including limit of liability.

(3)

Disclosure of the Community Association Document shall be provided to all prospective lot buyers/owners at the time of agreement of sale and shall be referenced on the deeds for all lots within the subdivision.

Preliminary Conservation Easement or Deed Restriction Documents.

Preliminary Common Open Space (Greenway Land) Ownership and Management Plan.

(1)

Using the preliminary plan as a base map, the boundaries, acreage and proposed ownership of all proposed common open space (Greenway land) shall be shown, including a plan containing the following information:

(a)

Proposed ownership, use restrictions, limitations on buildings and improvements.

(b)

Necessary regular and periodic operation and maintenance tasks and responsibilities for the various forms of common open space (Greenway land) (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands and other common open space (Greenway land)elements) including mowing, control of invasive species, etc.

(c)

Estimate of staffing needs, insurance requirements, and associated costs, and defining the means for funding the maintenance of the common open space (Greenway land) on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating, maintenance and capital reserve costs.

(d)

Such management plans shall be consistent with the requirements of § 27-110, Subsection 1B, of the Zoning Ordinance.

At the municipality’s discretion, the applicant/developer may be required to escrow sufficient funds for the maintenance of common open space (Greenway land) for up to 18 months from dedication or acceptance of improvements in accordance with the applicable provision of Part 15 of this Chapter.

Changes to the management plan shall require approval by the municipality.