The standards, requirements, and procedures set forth in this
article shall govern the filing and processing of all applications
for subdivision and/or land developments in the Borough of Narberth.
A.
All applications for subdivision and/or land development shall be
classified as either a tentative sketch plan, preliminary plan, final
plan, or minor plan, as further regulated herein.
(1)
Tentative sketch plan. A tentative sketch plan is strongly recommended in accordance with the requirements of § 450-17, Tentative sketch plan submission, and § 450-18, Tentative sketch plan filing and review procedure, herein for any land development or subdivision of two or more lots. Tentative sketch plans, if pursued, should be submitted prior to the submission of a preliminary plan.
B.
The submission of a preliminary, final, or minor plan that, as determined by the Borough, is a substantial revision shall constitute a new and separate submission. [See also § 450-20A(13).]
A.
A tentative sketch plan is not required of any subdivision or land
development applicant and its submission is entirely voluntary. Tentative
sketch plans have no legal standing and provide, and may result in,
no vested rights or approvals, and require no plan review time restraints,
with regard to the formal plan approval process mandated by the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Purposes. The purposes served by a tentative sketch plan are as follows:
(1)
To inform the Borough of Narberth 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 the Borough of Narberth to provide informal advice and guidance,
which shall not be binding.
(3)
For an applicant to better understand some of the issues that may
arise prior to engaging in the preliminary plan review process.
(4)
To show how properties may be further subdivided or developed in
cases where only a portion of a property is currently under an active
proposal. In the case of only a portion of a lot being developed,
the tentative sketch plan should show a logical and efficient pattern
of streets, lots, and/or buildings, as appropriate for the type of
plan proposed that would allow for future development of the rest
of the parcel, and should not propose lotting or development that
would adversely impact floodplain, steep slopes, woodlands, historic
and cultural resources, or other important site features. A property
proposed for future development should be able to comply with all
of the Borough's Code of Ordinances.
C.
Tentative sketch plan requirements. The applicant shall submit a
basic plan sheet and some introductory information such that the Borough
has enough information to adequately discuss and weigh in on the project.
However, an applicant submitting a tentative sketch plan need not
submit a surveyed or engineered plan.
(1)
It is required that an applicant for a tentative sketch plan review
submit the following. However, Borough staff shall have the ability
to waive any of these requirements if it is in the best interest of
the Borough to review the proposal without all of the following items:
(a)
A location map showing the relationship of the subject lots
to the surrounding street network and major physical features including
a North point and scale. (It need not be surveyed.)
(b)
Photographs that show the context of the property within the
block and neighborhood, including views of existing buildings from
multiple angles and in sufficient detail and resolution that significant
features on existing buildings are clearly discernible. Photographs
may be submitted only electronically.
(c)
Name and address of the property owner.
(d)
Narrative or plan sheet explaining or showing proposed subdivision
or land development activity.
(2)
It is recommended, but not required, that the applicant for a tentative
sketch plan submit:
(a)
A sketch showing the appearance of the primary building facade
for any new buildings proposed.
(b)
A plan sheet showing the total area of the relevant properties
in acres and square feet, and areas of each lot, if applicable.
(c)
Existing and proposed streets, sidewalks, driveways, and parking
areas.
(d)
Proposed land uses, principal and accessory buildings and building
types, number of lots and/or dwelling units, total building footprint
area, and total floor area. If existing buildings are to remain, the
floor area should be expressed as existing floor area and additional
floor area.
(e)
Parcel number and block and unit number, as assigned by the
Montgomery County Board of Assessment.
(f)
Name and address of the engineer, surveyor, or architect, if
applicable.
(3)
Optional information that may be included, if known/available:
(a)
Significant topographical and physical features, such as floodplains,
wetlands, steep slopes, woodlands, and existing structures.
(b)
Contour lines.
(c)
Approximate locations to be utilized for stormwater management
facilities. The approximate land area to be covered by any detention
or retention basins, rain gardens, vegetated swales, or other stormwater
best management practices, or to be used for underground retention,
should be indicated.
(d)
Zoning district information and any known zoning relief needed.
(e)
Any anticipated waivers from the SALDO.
(f)
Historic district information and anticipated need for a certificate
of appropriateness.
(g)
Any additional information that the applicant believes will
help explain the proposal.
A.
Ten paper copies of the Tentative Sketch Plan shall be filed with
the Borough, in person by the applicant or applicant's agent, at the
Narberth Borough Office during normal business hours. In addition
to the paper copies of the plans required for submission, the applicant
shall also provide a digital submission of the plan to the Borough.
The digital plan set shall be submitted in a form and manner that
is acceptable to the Borough.
B.
Plans must be accompanied by all required plan sheets, documents,
fees, and letters as required by this chapter.
C.
The applicant shall be scheduled on a meeting agenda of the Planning
Commission for presentation and discussion of the tentative sketch
plan, provided the plan is received 21 days' prior to the next Planning
Commission meeting.
D.
Tentative sketch plan review procedure.
(1)
The Planning Commission and applicable consultants shall review tentative
sketch plans in order to identify a property's existing conditions
and special features, identify potential site design opportunities
and challenges, and to informally discuss site design concepts. This
may include alternative ideas for integrating the proposed development
into the existing fabric of the neighborhood, the preservation of
natural and historic resources, locations for proposed buildings,
stormwater management concepts, and the layout of parking.
(2)
The Planning Commission and applicable consultants shall discuss
the plan with the applicant and advise them as promptly as possible
of the extent to which the proposed subdivision or land development
conforms to the Narberth Borough Comprehensive Plan and relevant standards
of this and other Borough ordinances, and discuss possible plan modifications
that would increase its degree of conformity.
(3)
The Planning Commission shall provide informal advice only and shall
not vote on any recommendation of the tentative sketch plan for Borough
Council's consideration.
(4)
If it so chooses, the Planning Commission may make a recommendation
to have the tentative sketch plan reviewed by Borough Council. If
reviewed, Borough Council shall provide informal feedback only and
shall not vote on any approval or denial of the tentative sketch plan.
(5)
The applicant may also choose to submit alternative tentative sketch
plans for discussion with the Planning Commission. A sketch plan review
agreement may be used to further define the roles and obligations
of the applicant and Borough in the review process.
(6)
Aspects of the tentative sketch plan that may be reviewed include
but are not limited to:
(a)
The compatibility of the proposal with respect to the objectives
and policy recommendations of the Comprehensive Plan, the Open Space
Plan, and other pertinent plans and studies prepared for Narberth
Borough.
(b)
Consistency with neighborhood character, and impact on neighbors
and neighboring properties.
(d)
The location of all areas proposed for earth disturbance (streets,
foundations, yards, stormwater management areas, etc.) with respect
to notable features of natural or cultural significance.
(e)
The location of proposed access points along the existing street
network.
(f)
The general location of proposed recreation land.
Applicants submitting a preliminary plan for subdivision shall
conform to the following standards:
A.
Drafting standards. Plans shall be professionally prepared in compliance
with the following:
(1)
The scale of the plan shall be 20 feet to the inch or 10 feet to
the inch and shall be accurate to within one part in 300.
(2)
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)
Existing lot lines shall be the heaviest property lines.
(b)
Proposed lot lines shall be the lightest line weight, and may
be shown as dashed lines.
(c)
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.
(3)
The sheet or sheets shall be 24 inches by 36 inches. All sheets 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 sheets, etc.)
(4)
Where two or more sheets are needed to show the entire area, a reduced-scale
key plan shall be provided sufficient to show their relationship.
Match lines shall be shown.
(5)
All plan lettering, words, and numbers shall be at least 0.1 inch
in height.
(6)
Dimensions shall be displayed in feet and decimal parts thereof,
and bearings in degrees, minutes, and seconds.
B.
Identification. All preliminary plans shall include the following
basic information:
(1)
The name of the subdivision or land development.
(2)
Name, address, email, and phone number of the applicant.
(3)
Name, address, email, and phone number of the firm that prepared
the plan and professional seal of the individual certifying its accuracy
and compliance with applicable standards.
(4)
The date of preparation of the plan, a descriptive list of revisions
to the plan, and the revision dates. All dates shall be included on
every plan sheet.
(5)
North point and scale displayed in graphic and written form on every
plan sheet.
(6)
The courses and distances of the boundary line survey and entire
boundary of all lots with bearings and distances; and total size in
acres and square feet.
(7)
A list of the site plan, building form, and land use standards of
the applicable zoning district, compared to the applicant's proposal.
The comparison chart shall show all "required," "existing," and "proposed"
standards.
(8)
The plan shall bear an adequate legend to indicate clearly which
features are existing and which are proposed, and include a description
of all symbols used.
(9)
Area under proposal in both acres and square feet (both net and gross
measurements should be indicated).
(10)
Number of proposed principal and accessory buildings, including
building types and uses.
(11)
Number of proposed lots and/or dwelling units and total proposed
floor area and building footprint. If existing buildings are to remain,
the floor area should be expressed as existing floor area and additional
floor area.
(12)
Zoning classification(s) of all lands abutting the proposal.
(13)
Description of variances or special exceptions needed or granted.
If granted, include conditions of their approval, if any, and the
dates they were granted.
(15)
Description of any deed restrictions, including conservation
and environmental, or other covenants affecting development of the
lots. This information should contain the name of the easement holder
or parties in the covenant agreement and a reference to their deed
and page book recording location.
(16)
The requirements of any other local ordinance that may affect
the proposal.
(17)
Name and address of the owner of record if different from the
applicant.
(18)
Tax parcel number(s) and block and unit number(s) for all parcels
being subdivided or developed, as assigned by the Montgomery County
Board of Assessment.
(19)
Deed book and page numbers for all parcels being subdivided
or developed.
(20)
A note shall be shown on the plan that states "Preliminary Plan
- Not to be Recorded."
(21)
The six-digit Montgomery County Planning Commission (MCPC) file
number assigned to the submission, or the updated file number assigned
from a previous submission.
C.
Location and context. Documentation shall be provided as follows:
(1)
Photographs, taken by the applicant, showing the existing context
of the proposed development within the block and neighborhood. Photographs
shall be in sufficient quantity and of suitable clarity to convey
the scale and character of existing buildings in the vicinity of the
proposed project. The photographs should show the context of the entire
block face on which the property is located and the panoramic context
of the streetscape. For a corner lot or through-block lot, both block
faces should be photographed. Photographs need not be submitted on
a twenty-four-inch-by-thirty-six-inch plan sheet.
(2)
A location map showing the relationship of the lot(s) to the surrounding
street network, properties on the same block face, and major physical
features. Names of all current owners of immediately adjacent lands
shall be shown. Basic locations of all buildings on the block shall
be shown, but need not be surveyed. Location map should be set at
a scale appropriate to see the surrounding context of the block and
need not be at a scale of one inch equals 20 feet.
(3)
An aerial photograph showing the property and at least 200 feet of
area surrounding the lot(s). The aerial photograph need not be at
a scale of one inch equals 20 feet.
D.
Existing features. Within the lot(s) proposed for subdivision and/or
land development, and within 100 feet of the lot boundaries, the following
information shall be shown on the preliminary plan. On the parcels
proposed for development and within any public rights-of-way, the
information below shall be professionally surveyed. Within 100 feet
of the lot boundaries, the information need not be professionally
surveyed but shall still be provided.
(1)
Contour information including:
(a)
Contours at a vertical interval of two feet, accurately drawn
from photogrammetric or on-site survey data. Where available, the
Borough sanitary sewer datum shall be used. In all other areas, the
elevations shall be based upon the United States Geological Survey
datum unless some other datum is granted by the Borough. The use of
contours from United States Geological Survey maps or other sources
shall be allowed only upon Borough approval. Contours shall extend
at least 50 feet beyond the property lines of the proposed subdivision
or development.
(2)
Water resources, including:
(a)
Lakes and ponds.
(b)
Wetlands, swamps, or marshes.
(c)
Watercourses and springs.
(d)
Existing well locations (in use, capped, and abandoned).
(e)
Flood-prone or floodplain areas, including data from FEMA Studies,
supporting hydrologic and hydraulic data for 100-year and 500-year
flood limits, United States Department of Agriculture (USDA) Web-Based
Soil Survey information, or Montgomery County Soil Survey when applicable,
as determined appropriate by the Borough Engineer for the watercourse(s)
affecting the site.
(4)
(5)
Transportation infrastructure bordering or crossing the lots, including:
(a)
Street names and locations.
(c)
Trail names and locations.
(d)
Location of curbs, sidewalks, curb ramps, and ADA ramps.
(e)
Widths of all paved areas, including lane widths and the presence
of bicycle facilities if applicable.
(f)
Surface conditions of any paved transportation surface (sidewalk,
cartway, trail, or pathway).
(g)
Location, size, character, and configuration of existing driveways,
parking lots or any type of paved surface, labeled "To Remain" or
"To Be Removed," as applicable.
(h)
Location of any SEPTA bus stops, including any existing signage,
benches, shelters, or waste receptacles.
(6)
Location of existing buildings and other structures, including:
(7)
Location, type, and ownership of utilities, both above and below
ground, with notes to describe:
(10)
Other existing stormwater, drainage, and/or erosion control
facilities, including but not limited to:
(11)
Any other man-made or natural features not specified above having
an impact on the ability of the applicant to subdivide the land in
question and areas subject to deed restrictions.
E.
Proposed improvements, features, and lotting plan. Within the parcel(s)
proposed for subdivision and/or land development, the following information
shall be shown on the preliminary plan:
(1)
The applicant shall provide a document that is certified by a qualified engineer that documents compliance with requirements in Chapter 292, Floodplain Management. The document shall contain any and all data and calculations the Floodplain Administrator shall deem necessary. A statement certifying compliance with Chapter 292, Floodplain Management, shall also be included on the plans sealed by the applicant's design engineer.
(2)
Subdivision and/or land development layout.
(a)
Layout and dimensions of all proposed lots, including the net
and gross lot area as defined within the Code of Ordinances.
(b)
Proposed buildings, including:
[1]
Locations.
[2]
Configurations.
[3]
Building types.
[4]
Land uses.
[5]
Frontage types.
[6]
Sizes (ground level floor area, gross floor area, number or
stories, and height).
[7]
Total building footprint and building coverage (square feet
and percentage of site).
[8]
Locations, configuration, and types of accessory buildings.
[9]
Ground floor architectural elevations.
[10]
Facade area, where applicable.
[11]
Preliminary architectural renderings roughly describing
proposed building massing and three-dimensional form elements, including
significant volumetric features such as roofs, porches, and similar
three-dimensional elements of building form.
(c)
Proposed streets, alleys, trails, driveways, and parking areas,
including:
[1]
Names or other identification.
[2]
Right-of-way widths and lines.
[3]
Cartway widths, including bicycle facilities and lane 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]
Capacity of parking areas.
[9]
Bicycle and electric vehicle parking locations.
[10]
Transit stops and proposed amenities.
[11]
Sight distance at proposed intersections with
existing streets.
[12]
Location and type of all traffic control signs,
signals, and devices proposed to be installed.
[13]
Rights-of-way or easements proposed for drainage.
[14]
Plan of street lighting indicating location and
type of fixtures to be installed.
(d)
All frontage lines and existing buildings to be used.
(f)
All parking setback lines where applicable.
(g)
Proposed sidewalk or pathway locations.
(j)
Impervious coverage area calculations. In the event existing
improvements are to remain on the lot, the total amount of existing
impervious and new impervious area shall be provided in addition to
the total area of impervious cover.
(l)
Proposed outdoor lighting plan. Proposed fixtures for streets,
parking lots, and other outdoor areas.
[1]
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.
[2]
The minimum, average, and maximum maintained illumination levels
for the areas being illuminated to demonstrate compliance with lighting
requirements in the Borough.
(m)
Green building documentation as required.
(3)
Grading and drainage plan. The following information shall be shown
on the preliminary plan:
(a)
Proposed contours for the entire site.
(b)
Approximate limits of earth disturbance.
(c)
Tree protection zones, to be established at or outside of the
dripline.
(d)
Stormwater management and erosion control and sedimentation
facilities, including:
[1]
Basins.
[2]
Rain gardens.
[3]
Swales.
[4]
Diffusion devices.
[5]
Velocity controls.
[6]
Pipe locations.
[7]
Pipe sizes and materials.
[8]
Direction of flow.
[9]
Gradient of flow.
[10]
Inlets, catch basins, and manholes including rim
and invert elevations.
[11]
Other stormwater management features.
[12]
Invert elevations.
[13]
Design calculations for these facilities shall
be submitted in report form with a note on the plan referencing the
report.
(4)
(5)
Cross sections, profiles, and preliminary structural designs. The
following shall be provided:
(a)
Cross section and center-line profile for each proposed or widened
cartway, driveway, or parking area shown on the preliminary plan,
including:
[1]
Street center-line grades and vertical curvature including street
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, and storm drains,
including locations of manholes, inlets, and catch basins.
[a]
Location, size, and type of line with stations.
[b]
Slope between manholes 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.
(b)
Preliminary design of any bridges, culverts, or other structures
and appurtenances that may be required.
(c)
Cross-section (streets).
[1]
Right-of-way and cartway width.
[2]
Type, thickness, and crown of paving.
[3]
Type and size of curb.
[4]
Grading of sidewalk area.
[5]
Location, width, type and thickness of sidewalks.
[6]
Grading of stormwater swale adjacent to cartway.
[7]
Typical location of sewers and utilities, street trees, streetlights,
and other streetscape improvements along streets.
F.
Supporting information.
(1)
A development schedule including the approximate date when the construction
is expected to begin and completed.
(2)
A copy of all restrictions or covenants if any under which lots are
to be sold.
(3)
Copy of the last recorded subdivision or land development plan pertaining
to the site.
(5)
A plan for the ownership, maintenance, and management of recreation
areas.
(6)
Reports or letters regarding availability of sewer and water facilities.
(7)
Copies of letters and permit applications to all reviewing agencies.
(8)
Stormwater calculations and reports.
(9)
Wetlands delineation study and mitigation plan, if applicable.
(10)
Arborists' reports, if applicable.
A.
The procedure contained herein shall regulate the review of preliminary
plans for subdivision and/or land development.
(1)
Ten paper copies of the preliminary plan shall be filed with the
Borough, in person by the applicant or applicant's agent, at the Narberth
Borough Office during normal business hours. In addition to the paper
copies of the plans required for submission, the applicant shall also
provide a digital submission of the plan to the Borough. The digital
plan set shall be submitted in a form and manner that is acceptable
to the Borough.
(2)
The Borough Manager, or other designated person, shall have 10 days
from the date of submission of an application to check the documents
submitted to determine if, on their face, they are in proper form
and contain all information, documents, and fees required by this
chapter. If defective, the application may be returned to the applicant
with a statement of rejection within the ten-day period. Otherwise,
that applicant shall be notified that it has been deemed accepted
for filing as of the date of submission. Acceptance for filing shall
not, however, constitute a waiver of any deficiencies or irregularities.
(3)
Once the plan has been accepted for filing, and unless waived by
the Borough Manager, the applicant shall have 10 days to conspicuously
post a written notice of the application on each street frontage of
the affected parcel(s). This notice shall adhere to the following:
(a)
The notice must remain in place until final plan approval is
given, the application is withdrawn by the applicant, or the applicant
is given permission by the Borough Manager to remove the signage.
(b)
The notice shall be printed on a sign with the minimum dimensions
of 8.5 inches by 11 inches.
(c)
The sign shall state the following: "This property is subject
to a subdivision and land development application in Narberth Borough."
(d)
Proof of posting by way of dated photograph shall be provided
to the Borough within 10 days of the plan being accepted for filing.
(4)
Plans must be accompanied by all required plan sheets, documents,
fees, and letters as required by this chapter.
(5)
The applicant shall pay the Montgomery County Planning Commission
review fee upon receipt of an invoice from the Commission.
(6)
The preliminary plan shall be placed on the agenda of a public meeting
of the Narberth Shade Tree Commission. The date set for review shall
be given to the applicant after consultation with Borough staff, consultants,
and Shade Tree Commission Chair.
(7)
The preliminary plan shall be placed on the agenda of a duly advertised
public meeting of the Planning Commission. The date set for review
shall be given to the applicant after consultation with Borough staff,
consultants, and Planning Commission Chair.
(8)
The Borough shall distribute copies of the plan and all other accompanying
documentation to the following for review and recommendations:
(a)
Planning Commission.
(b)
Narberth Borough Council.
(c)
Borough Engineer.
(d)
Zoning Officer.
(e)
Montgomery County Planning Commission.
(f)
Landscape architect.
(g)
Other Borough staff, boards, commissions, or consultants as
appropriate. These may include the Borough Solicitor, Public Works
Director, Fire Marshal, Police Chief, Shade Tree Commission, Historic
Architectural Review Board, and sewer and/or water authorities.
(h)
Montgomery County Conservation District, if applicable.
(9)
All preliminary plans and revisions to the plans shall be reviewed
by Borough staff, consultants, boards, commissions, and appropriate
reviewing agencies for compliance with the contents of all Borough
ordinances, Borough planning objectives, and accepted planning, engineering,
and architecture standards. Written comments shall be provided to
the Planning Commission for consideration.
(10)
Upon completion of its review of the preliminary plan submission
and the recommendations of Borough consultants and reviewing agencies,
the Planning Commission shall communicate its written recommendations
to Borough Council. A copy shall also be sent or delivered to the
applicant by electronic or postal mail personal delivery.
(11)
The Narberth Borough Council shall have a ninety-calendar-day
time period to act on the plan unless the applicant has agreed in
writing to an extension of the time period.
(a)
The ninety-day time period shall be measured either from the
date that the Planning Commission reviews the application at a duly
advertised public meeting or 30 calendar days following the plan filing
date, whichever is earlier.
(b)
If an extension of the ninety-calendar-day time period is applied,
it shall be measured from the expiration of the original ninety-day
period. A time extension shall postpone the deadline and effects of
the ninety-day time period for the additional number of days agreed
to in writing prior to the last scheduled Borough Council meeting
within the ninety-day plan review period.
(12)
Borough Council shall consider the preliminary plan application
at one or more of its public meetings following receipt and consideration
of any recommendations of the Planning Commission, Borough Engineer,
the Montgomery County Planning Commission, and/or other consultants,
Borough Boards and Commissions, and reviewing agencies, as requested,
and shall render a decision on the preliminary plan submission within
the ninety-calendar-day time period, and/or extension thereof if applicable.
The failure of any such agency to perform a review or issue a recommendation
shall not prevent Borough Council from reviewing the preliminary plan.
(13)
Revisions to plans. Revisions to a preliminary plan proposal
shall proceed as follows:
(a)
Each preliminary plan revision submitted to the Borough shall
be accompanied by a letter from the applicant, or applicant's agent,
that 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.
(b)
Such letter shall also describe, in detail, any and all revisions
made to the preliminary plan and/or accompanying documents since the
previous submission that was not requested by or a result of review
comments.
(c)
Each change made to a preliminary plan, and each subsequent
plan, as well as the revision date of each change made, shall be noted
on the plan itself.
(d)
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.
(e)
Any preliminary plan approval by 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.
(f)
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.
(g)
Borough staff shall have 10 days from the date of submission
to examine revised applications to determine whether such revised
applications are so changed as to constitute a substantial revision
that shall be considered a new plan. If the resubmission is determined
to be considered a new plan, staff shall so inform the applicant that
the plan shall be processed as a new submission and all time frames
shall be restarted and all requirements of this chapter shall apply.
Applicants shall not be required to comply with any changes to Borough
ordinances since their initial submission. Applicants may appeal a
decision by staff under this section to Borough Council.
(h)
Revisions to previous submissions shall be received a minimum
of 21 days before the next Planning Commission meeting in order to
be included on the agenda for that meeting. If the revision is determined
by the Borough to be a substantial revision such to constitute a new
and separate submission, the plan submission shall be processed as
a new application with all of the time frames and requirements thereof.
(14)
Procedure following Borough Council's decision. When Borough
Council makes a decision on a preliminary plan, one of following procedures
will be followed, depending on the type of decision:
(a)
Approval. If Borough Council approves a preliminary plan, the
applicant shall be issued a signed copy of the resolution.
(b)
Approval subject to conditions.
[1]
If Borough Council approves a preliminary 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 10 days of receipt of the
formal approval letter listing the conditions. The approval of the
plan shall be rescinded automatically without action of Borough Council
after 10 days, upon either the applicant's failure to execute the
written acceptance or upon rejection of such conditions by the applicant.
Written notice will be provided to the applicant in the following
manner:
[a]
Specify the conditions of approval and request
the applicant's written agreement to the conditions.
[b]
State that the plan approval shall be rescinded
automatically upon the applicant's failure to accept or reject the
conditions within 10 days following the receipt of the formal letter
notifying the applicant of the decision by Borough Council to grant
conditional approval.
(c)
Denial. If Borough Council denies a preliminary plan, then the
written notification, which may take the form of a resolution, to
the applicant shall specify the defects found in the application and
describe the requirements that have not been met, and shall cite the
provisions of the statute or ordinance relied upon.
(15)
Effective period of approval. Approval will be effective for
a period of five years from the date of plan approval in accordance
with the Pennsylvania Municipalities Planning Code,[1] unless extended in writing by Borough Council.
(a)
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 approval
within that five-year period.
(b)
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.
(c)
In a 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 as well as deadlines within which applications for final
plan approval of each section are intended to be filed.
[1]
Such schedule shall be updated annually by the applicant on
or before the anniversary of the preliminary plan approval, until
final plan approval has been granted to the final section.
[2]
Any modification in the aforesaid schedule shall be subject
to approval by Borough Council at its discretion.
[3]
Provided the applicant or landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plan approval,
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 of
three years from the date of final plan approval of each section.
[4]
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 Narberth Borough subsequent to the date of initial
preliminary plan submission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All final plans for subdivisions and/or land developments shall
consist of an improvement construction plan and a record plan, and
shall comply with the requirements of this section. Information on
the final plans should reflect the approved preliminary plans and
any conditions made in the approval of them. Applicants submitting
a final plan shall conform to the following standards:
A.
Building design and context. The following shall be provided:
(1)
Fully developed architectural renderings of the project describing
all proposed building characteristics required for the preliminary
plan submission, but in full detail and with depictions of major building
materials visible from the public way.
(2)
List of exterior building materials to be used.
(3)
Architectural building elevations showing the proposed building within
the context of the project on the block where it will be located.
A photographic montage will be acceptable for this purpose.
B.
Improvement construction plan.
(1)
Drafting standards. The same standards shall be required for an improvement
construction plan as for a preliminary plan.
(2)
Information to be shown. The plan shall contain sufficient information
to provide working plans for the construction of the proposed streets
or any portion thereof, including all appurtenances, sewers and utilities,
as shown on the approved preliminary plan. Said information shall
include:
(a)
Horizontal plan. The horizontal plan shall show details of the
horizontal layout as follows:
[1]
Information shown on the approved preliminary plan.
[2]
The beginning and end dates of the proposed immediate construction.
[3]
Survey stations corresponding to those shown on the profile.
[4]
The curb elevation at tangent points or horizontal curves at
street or alley intersections and at the projected intersections of
the curblines.
[5]
The location and size of sanitary sewers, lateral connections,
and water mains with distances between manholes, water, gas, electric
and other utility pipes or conduits and of storm drains, inlets, and
manholes.
[6]
The location, type, and size of curbs and all paving widths.
[7]
The location of fire hydrants and streetlights.
[8]
All utilities shall be shown together on the same sheet.
(b)
Profiles. Profiles shall be provided for the following:
[1]
Profiles of sanitary sewers with a profile over the sewer of
the existing and finished ground surface, showing manhole locations
beginning at the lowest manhole.
[2]
Profiles and elevations of the ground along the center lines
of proposed streets.
[3]
Profiles of storm drains showing catch basins, inlet, and manhole
locations, swales, ditches, or related features.
[4]
Profiles of water mains.
(c)
Cross section. The cross section shall comply with the Borough
Engineer's standards and specifications as minimum requirements. It
shall show a typical cross section across the street with details
of grading and construction as follows:
[1]
The ultimate right-of-way width and the location and width of
the cartway.
[2]
The type, depth, and crown of paving.
[3]
The type and size of curb.
[4]
When sidewalks are required, grading of the sidewalk area should
be carried to the full width of the ultimate right-of-way.
[5]
The location, width, type and depth of sidewalks, when required.
[6]
The typical location, size, and depths of sewers and utilities.
[7]
A note shall be placed on the plan that indicates that on underdrain,
extra-depth stone base or fabric may be required by the Borough when
field conditions indicate a need for such requirements.
[8]
Proposed grading to the ultimate right-of-way line.
(d)
Construction detail drawings. Drawings in sufficient detail
shall be provided for all site improvements.
C.
Additional information. The following additional information shall
be submitted with the final plan.
(1)
All required local, state, and federal permits shall be submitted.
These permits may include: Montgomery County, PennDOT, or Borough
street access permits; PA DEP permits for drainage, stream alteration,
wetlands encroachment, water quality discharge, dams, erosion, and
sedimentation control, air pollution, or sanitary sewage facilities.
(2)
The following statements shall be required on the final plan:
(a)
"The Approved Improvement Construction Plan, a copy of which
may be inspected at the Narberth Borough Office, has been made a part
of the Approved Final Plan."
(b)
"For access to a highway under the jurisdiction of PennDOT,
a highway occupancy permit is required, pursuant to Section 420 of
the Act of June 1, 1945 (P.L. 1242, No. 428), known as the 'State
Highway Law.' Access to the State highway shall be only as authorized
by the highway occupancy permit."
(3)
All engineering calculations that support the proposed improvements
such as drainage calculations, sanitary facility design calculations,
or structural calculations.
(4)
Developments utilizing public water or sewer facilities should provide
proof that those services will be provided.
(5)
Sewage facilities plan approval from PADEP.
(6)
Approval of the erosion and sediment control plan from the Montgomery
County Conservation District, when applicable.
D.
Record plan.
(1)
Drafting standards.
(a)
The same standards shall be required for the record plan as
for a preliminary plan.
(b)
The record plan shall have a written and graphic scale, and
a listing of all the plan sheets that are a part of the construction
design.
(c)
The record plan shall have a two-inch-wide margin on the left
edge of the plan to allow for binding in a record volume.
(2)
Information to be shown. The record plan, which shall include all
portions of an approved preliminary plan, shall show:
(b)
Courses and distances sufficient for the legal description of
all the lines shown on the record plan. The error of closure shall
not be greater than one part in 5,000.
(c)
Names or identification of the following:
[1]
Abutting owners.
[2]
All dimensional and technical descriptions of streets.
[3]
Easements.
[4]
Rights-of-way.
[5]
Open space, recreation, and/or other common use areas.
[6]
Other public improvements.
[7]
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.
[8]
Parcel identification number.
[9]
Montgomery County Planning Commission file number.
[10]
Delineation of phases of construction if the development
is proposed to be built in more than one phase.
(d)
Frontage lines with distances from the ultimate right-of-way
line and property lines.
(e)
Evidence should be provided that the plans are in conformance with Chapter 500, Zoning, and other applicable Borough ordinances and regulations. In any instance where such plans do not conform, evidence shall be presented that a special exception or variance has been officially authorized.
(f)
Evidence should be provided that the plans are in compliance with Chapter 315, Historic Districts, and that a certificate of appropriateness, if required, has been issued; or an Advisory Review Meeting, if required, has been held.
(g)
Green building documentation shall be provided, if required.
(h)
Identification of all conditional uses granted by Borough Council,
including any conditions requested by Borough Council and agreed to
by the applicant.
(i)
Identification of all waivers of provisions of this chapter,
including the code section reference and what alternative compliance
was approved, which were granted by Borough Council.
(j)
Identification of all conditions proposed by Borough Council
and agreed to by the applicant, with evidence demonstrating compliance
with all provisions.
(k)
The location, material and size of all monuments with reference
to them.
(l)
Appropriate notes and conditions governing the use or development
of the proposed property.
(m)
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.
(n)
The plan should indicate all easements and their dimensions,
limits of the floodplains, steep slopes, and wetlands and all other
restrictions to areas that might otherwise be used for development.
(3)
Certificates. When approved, the record plan must show:
(a)
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. The owner's certification shall be written to
acknowledge if the owner(s) are individuals, or belonging to a partnership,
corporation, or other entity, and shall be notarized by a notary public.
(b)
The signature and seal of the registered engineer, landscape
architect (if applicable), and surveyor certifying that the plan represents
their 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, P.L. 913, No. 367.[1]
[1]
Editor's Note: See 63 P.S. § 148 et seq.
(d)
County recording note. Recorded in the office of the Recorder
of Deeds in Norristown, Pennsylvania, in Plan Book _____, Page _____,
on the _____day of __________, 20___.
(e)
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.
Final plans shall be filed and reviewed in accordance with the
procedure contained in this section.
A.
Ten paper copies plus a digital copy of the final plan shall be submitted
to the Borough, in person, by the applicant or applicant's agent,
at the Narberth Borough Office during normal business hours. The digital
plan set shall be submitted in a form and manner that is acceptable
to the Borough.
B.
The completed application for approval of the final plan shall be
submitted to Narberth Borough along with all documents, fees, and
letters as required by this chapter.
C.
The Borough Manager, or other designated person, shall have 10 days
from the date of submission of an application to check the documents
submitted to determine if, on their face, they are in proper form
and contain all information required by this chapter. If defective,
the application may be returned to the applicant with a statement
of rejection within the ten-day period. Otherwise, it shall be deemed
accepted for filing as of the date of submission. Acceptance for filing
shall not, however, constitute a waiver of any deficiencies or irregularities.
D.
The application for approval of the final plan shall be placed on
the agenda of a duly advertised public meeting of the Planning Commission.
The date set for review shall be given to the applicant after consultation
with Borough staff, consultants, and Planning Commission Chair.
E.
The Borough shall distribute copies of the plans and all other accompanying
documentation to the following for review and recommendations:
(1)
Planning Commission.
(2)
Narberth Borough Council.
(3)
Borough Engineer.
(4)
Zoning Officer.
(5)
Montgomery County Planning Commission.
(6)
Landscape architect.
(7)
Other Borough staff, boards, commissions, or consultants as appropriate.
These may include the Borough Solicitor, Public Works Director, Fire
Marshal, Police Chief, Shade Tree Commission, Historic Architectural
Review Board, and sewer or water authorities.
F.
All final plans and revisions to the plans shall be reviewed by Borough
staff, consultants, and appropriate reviewing agencies for compliance
with the contents of all Borough ordinances, Borough planning objectives,
and accepted planning, engineering, and architecture standards. Written
comments shall be provided to the Planning Commission for consideration.
G.
Upon completion of its review of the final plan submission and the
recommendations of Borough consultants and reviewing agencies, the
Planning Commission shall communicate its written recommendations
to Borough Council, with a copy sent by electronic or postal mail,
or delivered personally to the applicant.
H.
The Narberth Borough Council shall have a ninety-calendar-day time
period to act on the plan unless the applicant has agreed in writing
to an extension of the time period.
(1)
The ninety-calendar-day time period shall be measured either from
the date that the Planning Commission reviews the application or 30
days following the plan filing date, whichever is sooner.
(2)
If an extension of the ninety-calendar-day time period is applied,
it shall be measured from the expiration of the original ninety-day
period. A time extension shall postpone the deadline and effects of
the ninety-day time period for the additional number of days agreed
to in writing prior to the last scheduled Borough Council meeting
within the ninety-day plan review period.
I.
Borough Council shall consider the final plan application following
receipt and consideration of the recommendations of the Planning Commission
and other consultants, boards, and commissions, and shall render a
decision on the final plan submission within the ninety-day time period,
unless the applicant has agreed, in writing, to an extension of the
review period.
J.
Revisions to plans. Revisions to a final plan proposal shall conform to the same procedures as revisions to a preliminary plan. (See § 450-20.)
K.
A final plan for an application that has been previously granted
preliminary plan approval shall be approved by Borough Council when
evidence satisfactory to the 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 Borough Engineer, as evidenced by a letter
from the Borough Engineer, and to the satisfaction of other technical
advisors.
(3)
A certificate of appropriateness, if required by the Narberth Historic
District Ordinance, has been issued.
(4)
An advisory review meeting, if required by the Narberth Historic
District Ordinance, has been held.
(5)
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 Borough Council, upon advice
of the Borough Solicitor, including deeds of dedication, each in form
and substance satisfactory to Borough Council and the Borough Solicitor,
have been satisfactorily executed and delivered in recordable form
by the applicant.
(a)
When requested by the applicant, in order to facilitate financing,
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
and recorded.
(c)
The resolution of approval contingent upon a financial security
agreement shall expire and be deemed to be revoked if the financial
security agreement is not satisfactorily executed within 90 days of
the adoption of the approval resolution, unless a written extension
is granted by Borough Council.
(6)
The final plan complies in all respects with applicable Narberth
Borough ordinances and all conditions of final plan approval, or appropriate
variances or waivers have been granted for features that do not comply.
L.
Approval subject to conditions. If Borough Council finds a final
plan to be deficient or defective, but would approve the plan with
certain revisions, conditioned upon the performance of any act or
the obtaining of any other approval or permit by the applicant, the
applicant shall be given the opportunity to accept or reject the conditions
within a ten-day period. Conditional approval of the plan shall be
rescinded automatically, without action of Borough Council, upon the
applicant's written rejection of such conditions, or upon the applicant's
failure to unconditionally accept such conditions within 10 days of
the written notice being received by the applicant. Written notice
of the approval subject to conditions shall be provided to the applicant,
which would include the following information:
(1)
Specify the conditions of approval and request the applicant's written
agreement to the conditions.
(2)
State that the plan approval shall be rescinded automatically upon
the applicant's failure to accept or reject the conditions within
10 days following the receipt of the formal letter notifying the applicant
of the decision by Borough Council to grant conditional approval.
M.
After the final plan is approved, the applicant shall make any necessary
changes to comply with any conditions of approval. The applicant shall
then file the record plan with the Borough, including presenting three
paper copies of the record plan to the Narberth Borough Secretary
for signatures as required, including the affixing of the Official
Narberth Borough Seal. Digital files of the record plan, in a form
satisfactory to Narberth Borough, shall also be provided at that time.
N.
Prior to recording, the applicant shall also provide the legal description
of the properties, easements, utilities and rights-of-way involved
in the plan, as well as the stormwater management operation and maintenance
agreement, and submit the development and financial agreement for
review and approval.
O.
Other approvals. The applicant is responsible for making the appropriate applications for various federal, state, county, and Borough permits or other approvals from governments or private utilities or service providers. These should be sought in a timely manner that fits into the overall plan review and approval process described in this chapter. To the extent that the applicant is required to modify the plan as a result of other approvals, the applicant is still required to comply fully with this chapter and Chapter 500, Zoning, and may be required to resubmit a plan as a preliminary or final plan, even if that plan was previously approved. The applicant should consult with the Borough Engineer, Borough Zoning Officer, and the Borough Manager, or their designees, if other approvals require changes to the plan after final plan approval from Borough Council.
A.
Standards for qualification as a minor plan submission. Minor plans
may be filed and processed only for subdivisions that:
(1)
Contain not more than two lots fronting on an existing street;
(2)
Do not involve any new street or street, or the extension of municipal
facilities or the creation of public improvements;
(3)
Do not adversely affect the remainder of the parcel or adjoining
property as determined by the Borough Zoning Officer; and
B.
In addition, only plans that can be classified as one of the following
types shall be eligible to be considered minor plans:
(1)
Lot line adjustment. A proposal between two abutting, existing, legally
approved and recorded lots in which a lot line between the two lots
is proposed to be adjusted in terms of its location or configuration.
Reasons for lot line adjustments include:
(2)
Simple conveyance. A proposal between two abutting, existing, legally
approved and recorded lots in which a portion of one lot is being
divided off to be conveyed to the owner of the abutting lot. The land
area to be conveyed in a simple conveyance generally does not comply
with one or more of the dimensional standards of the district in which
the lots are located.
C.
Submission requirements and review procedure.
(1)
All minor plans shall be considered to be preliminary plans for the purposes of submission for review and approval, and shall comply with the requirements of § 450-19, Preliminary plan.
(2)
When a minor plan qualifies for approval, or for approval subject to conditions, in accordance with §§ 450-19 and 450-20A herein, the minor plan may be granted concurrent preliminary and final plan approvals, provided that the plan includes the final plan certifications and complies with § 450-22 herein.
A.
It shall be unlawful for the owner of any land in the Borough to
subdivide the same into two or more lots or parcels or for any other
person to knowingly take part in or assist in the subdividing of any
land in the Borough into two or more lots or parcels, unless and until
a plan thereof shall have been prepared by a registered professional
engineer, surveyor, or landscape architect in accordance with the
Engineer, Land Surveyor and Geologist Registration Law[1] and/or Landscape Architects' Registration Law of Pennsylvania,[2] submitted to and approved in writing thereon by the Borough
Council and, when so approved, duly recorded in the office of the
Recorder of Deeds.
B.
It shall be similarly unlawful for the owner of any land to undertake
a land development, as defined in this chapter, unless and until a
plan thereof shall have been prepared by a registered professional
engineer or landscape architect, in accordance with the Engineer,
Land Surveyor and Geologist Registration Law and/or Landscape Architects'
Registration Law of Pennsylvania, submitted to and approved in writing
thereon by the Borough Council and, when so approved, duly recorded
in the office of the Recorder of Deeds.
A.
Borough Council shall be permitted to grant waivers or modifications
of the provisions of this chapter in accordance with the Pennsylvania
Municipalities Planning Code.[1] All requests for waivers or modifications shall take the
form of a letter submitted at the time of initial submission, and
all subsequent submissions of subdivision and/or land development
applications, conforming to the following provisions:
(1)
State the grounds and facts of unreasonableness or hardship on which
the request is based or the public benefit of an alternative design
standard;
(2)
List the specific provision(s) of the chapter involved; and
(3)
State the minimum modification necessary.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
As part of a waiver request, an applicant may offer, and the Borough
may in its sole discretion accept, a financial contribution to the
Borough in lieu of making the required on-site improvements, in an
amount determined by the Borough Engineer commensurate with the on-site
improvements waived by the Borough.
