The procedures set forth in this article shall be followed by all applicants proposing to subdivide or develop land in the Borough of Rockledge.
[Added 3-14-2005 by Ord. No. 590; amended 4-29-2013 by Ord. No. 637]
A.
A tentative sketch plan, as described in § 465-24 herein, may be submitted by an applicant to the Borough Planning Commission for informal discussion. Said tentative sketch plan is optional and shall not be considered a formal application subject to the plan processing steps of § 465-29I of this article.
B.
A preliminary plan, as described in § 465-26 herein, is required for all applicable subdivision and land developments proposed within the Borough.
C.
A final plan, as described in § 465-27 herein, is required for all applicable subdivisions and land developments proposed within the Borough.
D.
A land development plan, as described in § 465-28 herein, shall be required for all land developments in accordance with the definition of same as provided in this chapter. A land development plan may be required in conjunction with a subdivision plan or in lieu of a subdivision plan when review of a plan on a lot-by-lot basis would not be applicable.
Sketch plans shall be drawn to reasonably accurate scale but not necessarily showing precise dimensions and shall show the following information.
A.
Purposes.
(1)
The purposes served by a tentative sketch plan are as follows:
(a)
To inform the Borough of an applicant's intent to subdivide and/or develop a property and graphically show the concepts and extent of the proposal.
(2)
It is to the applicant's advantage to show as much of the requested information as possible. Although the Borough Planning Commission will discuss any plan presented, a lack of significant information may result in little useful guidance to the applicant.
B.
Tentative sketch plan information. Sketch plans should be drawn legibly and to a reasonably accurate scale, but they need not be a precisely surveyed or engineered plan, and they should show the following information:
(1)
The tract boundary and location by deed plotting.
(2)
A North point and approximate scale.
(3)
A location plan showing the relationship of the subject tract to the surrounding street network.
(4)
The existing and proposed road and lot (or building) layout.
(5)
Significant topographical and physical features, such as floodplains, wetlands, steep slopes (over 15%), woodlands and existing structures.
(6)
Proposals for control of drainage runoff and community facilities.
(7)
Approximate building envelopes.
A.
Purposes. It is the purpose of this section to provide for simplified plan submission and processing requirements by which minor subdivisions may be submitted and approved. Plans submitted under the provisions of this section must meet the following criteria, conform to the established standards, and provide the required information.
B.
Criteria for minor subdivisions. A subdivision of a tract of land that:
(1)
Contains less than four lots.
(2)
Has not been part of a subdivision submitted within the past three years.
(3)
Presently fronts on a physically improved street that is legally open to the public.
(4)
Will not involve the construction of any new street or road, the extension of Borough facilities or the creation of any other public improvements.
(5)
Requires a variance(s) from Chapter 540, Zoning, for no more than one of the proposed lots on which new construction will occur or may occur in the future.
(6)
Is in general conformance with the Borough Comprehensive Plan and other plans.
C.
Drafting standards.
(1)
A minor subdivision plan shall be clearly and legibly drawn to a scale not in excess of one inch equals 50 feet, except if the parcel being subdivided is five acres or larger the plan may be drawn to a scale not in excess of one inch equals 100 feet.
(2)
Dimensions shall be in feet and decimals and bearings in degrees, minutes and seconds.
(3)
The plan shall show the courses and distances of the boundary line survey of the entire land to be subdivided.
(4)
The sheet or sheets shall be one of the following sizes; 15 inches by 18 inches, 18 inches by 30 inches or 24 inches by 36 inches. 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, e.g., sheet No. 1 of 5 sheets, etc.
(5)
Where there are two or more sheets, a key map shall be provided sufficient to show their relationship.
D.
Location and identification. Each plan shall provide:
(1)
The name(s) and address(es) of the subdivider and the registered engineer and/or land surveyor who prepared the plan.
(2)
The name of the subdivision, its location in terms of significant bounding roads, and the name of the Borough.
(3)
The date of preparation (or revision) of the plan, the scale and a North point.
(4)
The entire tract boundary with bearing and distances and a statement of the tract size.
(5)
Layout and dimensions of all lots and net lot area of each.
(6)
A key map relating the subdivision to at least three existing intersections of Borough streets.
(7)
A legend sufficient to indicate clearly between existing and proposed conditions.
(8)
The plan shall include a note setting forth the zoning requirements, including the applicable lot size and yard requirements. The plan also shall show the requirements of other Borough ordinances, if any, on both the land to be subdivided and the adjacent land.
E.
Existing and proposed features.
(1)
Within 100 feet of any part of the land being subdivided, the plan shall show the following information:
(a)
Property lines, existing buildings, present use and current owners.
(b)
The location, names and width (both cartway and right-of-way) of existing streets and alleys.
(c)
The location and size of all watercourses and the boundaries of floodplains (not limited to the established flood level and regulatory flood elevation, where applicable).
(d)
Man-made structures and natural features, such as steep slopes (over 15%), which may affect the potential layout of lots and buildings.
(e)
Areas subject to deed restrictions or easements.
(2)
Within the land to be subdivided, the plan shall show the following:
(a)
Location and character of buildings located on the land, including the buildings to be demolished, as well as those to be retained and/or preserved.
(b)
If applicable, the location, names, widths and other dimensions of existing streets and alleys, including paving widths, curblines, rights-of-way and curbline radii at intersections and street location tie-ins by courses and distances to the nearest intersection of existing streets and alleys.
(c)
The location and size of all watercourses and boundaries of floodplains (not limited to the regulatory flood elevation, where applicable).
(d)
Man-made structures and natural features which limit the potential layout of lots and buildings, including the location of marshland, slopes over 15% and other topographical features. Whenever the parcel contains slopes in excess of 15%, topographical data may be required by the Borough Engineer.
(e)
Areas subject to deed restrictions or easements.
(f)
The plan shall reference any land to be dedicated or reserved for future road widening or other public or common use.
(g)
Boundaries and identification of all soil types.
(h)
Tentative sketch of future street and lot layout for remaining land not proposed for subdivision.
F.
Additional requirements for subdivisions within floodplains. Minor subdivision applications for land within floodplains must conform to the applicable requirements established for lands within such areas in § 465-26F of this article.
G.
Plan submission. Minor subdivision plans shall be submitted in accordance with the plan processing identified in § 465-29 of this article.
H.
Plan approval.
(1)
Plan approval shall be obtained through the procedure specified in § 465-29 of this article. After Borough Council approves the minor subdivision plan, the plan shall become a final plan when the following certificates are obtained:
(a)
The signature of the registered land surveyor certifying that the plan represents a survey made by him/her, that the monuments shown thereon exist as located and that the dimensional and geodetic details are correct.
(b)
The signature of the registered professional engineer certifying the correctness of the design of all improvements.
(c)
The signature of the subdivider certifying his/her adoption of the plan and any changes thereto.
(d)
The signature of the Borough Manager certifying that Borough Council has approved the minor subdivision plan and any change thereto on the date shown.
(e)
Certification by the Zoning Hearing Board that any required special exceptions and variances have been granted.
A.
Purpose. A preliminary plan shall be submitted for all proposed subdivisions not eligible for submission as a minor subdivision and for all applicable land developments. Applicants submitting a preliminary plan shall conform to the following standards.
B.
Drafting standards.
(1)
The preliminary plan of a proposed subdivision or land development shall be clearly and legibly drawn to a scale not in excess of one inch equals 50 feet, except if the parcel being subdivided or developed is five acres or larger the plan may be drawn to a scale not in excess of one inch equals 100 feet.
(2)
Dimensions shall be in feet and decimals and bearings and degrees, minutes and seconds.
(3)
The plan shall show the courses and distances of the boundary line survey of the entire land to be subdivided.
(4)
The sheet or sheets shall be one of the following sizes: 15 inches by 18 inches, 18 inches by 30 inches, 24 inches by 36 inches. 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, e.g., sheet No. 1 of 5 sheets, etc.
(5)
Where there are two or more sheets, a key map shall be provided sufficient to show their relationship.
C.
Location and identification. Each plan shall provide:
(1)
A title consisting of the name(s) and address(es) of the subdivider and the registered professional engineer and/or land surveyor who prepared the plan.
(2)
The name of the subdivision or land development, its location in terms of significant bounding roads and the name of the Borough.
(3)
The date of preparation (or revision) of the plan, the scale and a north point.
(4)
The entire tract boundary with bearings and distances and a statement of the total size of the tract.
(5)
Layout and dimensions of all lots and net lot area of each.
(6)
A key map relating the subdivision to at least three existing intersections of Borough streets.
(7)
A legend sufficient to indicate clearly between existing and proposed conditions.
(8)
The plan shall include a note setting forth the zoning requirements, including the applicable lot size and yard requirements. The plan also shall show the requirements of other Borough ordinances, if any, on both the land to be subdivided and the adjacent land.
D.
Existing and proposed features.
(1)
Within 400 feet of any part of the land being subdivided or developed, the plan shall show the following information:
(a)
Property lines, existing buildings, present use and current owners.
(b)
The location, names, width (both cartway and right-of-way), radii and surface conditions of existing and proposed alleys and streets.
(c)
The location and size of all watercourses and the boundaries of floodplains (not limited to the regulatory flood elevation, where applicable).
(d)
The location of existing and proposed flood or erosion protective facilities.
(e)
The location and size of existing and proposed sanitary sewers, manholes, storm sewers and inlets.
(f)
The location and size of existing and proposed utilities above and below ground (e.g., electric facilities, fire hydrants, gas mains, water lines and other utilities).
(g)
Man-made structures and natural features which may affect the potential layout of lots and buildings, including steep slopes (over 15%), marshland and other topographical features.
(h)
Areas subject to deed restrictions or easements.
(2)
Within the land to be subdivided or developed, the plan shall show the following:
(a)
The location and character of existing and proposed buildings, including those existing buildings to be demolished as well as those to be retained.
(b)
The location, names, widths and other dimensions of existing and proposed streets, including center-line courses, distances and curve data, paving widths, curblines, rights-of-way and curbline radii at intersections and street location tie-ins by courses and distances to the nearest intersection of existing and proposed streets and alleys.
(c)
For proposed streets, the plan shall show tentative grades to an existing street at a point 400 feet beyond the boundaries of the site.
(d)
The plan shall show measured distances from the center line of existing and proposed streets to existing and proposed buildings, to existing and proposed trees and plantings and to control points and monuments.
(e)
The plan shall show all building setback lines with distances from the ultimate right-of-way line.
(f)
The location and size of existing and proposed sanitary sewers, manholes, storm sewers and inlets.
(g)
The location and size of all watercourse and boundaries of floodplains (not limited to the regulatory flood elevation, where applicable).
(h)
Contour lines at vertical intervals of five feet, except for floodplains, which shall be shown at intervals of two feet. Where reasonably practicable, data shall refer to known established elevation or to the USGS datum.
(i)
The location and size of utilities above or below the ground, e.g., electric facilities, fire hydrants, gas mains, water lines.
(j)
Man-made structures or natural features which limit the potential layout of buildings and lots, including tree masses, marshlands, steep slopes (over 15%) and other topographical features.
(k)
The location and size of any area to be used for open space/recreation purposes.
(l)
Boundaries and identification of all soil types.
(m)
Areas subject to deed restrictions or easements, including land to be dedicated or reserved for future road widening or other public or common use.
(n)
The location of any lots or areas which shall contain a use or uses other than residential.
(o)
When a preliminary plan covers only a part of the owner's entire holding, a tentative sketch shall be submitted of the prospective street and lot layout for the remaining area of the tract.
(p)
The depth of the water table shall be noted on the plan or in a separate report, along with the location of test borings, where applicable.
(3)
Plans for any industrial use shall include the following:
(a)
A description of the industrial operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards or safety hazards.
(b)
Engineering and architectural plans for the treatment and disposal of industrial waste.
(c)
Engineering and architectural plans for the handling of any excess traffic congestion, noise, glare, air or water pollution, fire or other safety hazard.
(d)
Designation of the fuel proposed to be used and any necessary architectural and engineering plans for controlling smoke.
(e)
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(f)
Any other pertinent data or evidence that the Planning Commission may require.
E.
Proposed improvements.
(1)
The plan shall contain a tentative cross section and center-line profile for each proposed or widened cartway shown on the preliminary plan, including the profile for proposed sanitary sewers and storm drains, showing manholes, inlets and catch basins.
(2)
The plan shall show preliminary design of any bridges, culverts or other structures and appurtenances which may be required.
F.
Floodplains.
(1)
Within floodplains, all subdivisions and land development plans shall be drawn to assure that:
(2)
Where the subdivision or land development lies partially or completely in a floodplain or where the subdivision or land development borders on a floodplain, the plan shall include detailed information giving the location and elevation of existing and proposed streets, water supply and sanitary facilities, building sites, structures, soil types and proposed floodproofing measures. Such plan shall also show contour lines as described in Subsection C of this section and identify accurately the boundaries of the floodplain and the base flood elevation. When floodproofing measures are proposed for a structure within a floodplain, a registered professional engineer or architect shall certify that the floodproofing measures are adequate to meet the requirements of this chapter and other Borough ordinances.
(3)
The developer shall provide proof that adequate precautions against flood damage have been taken with respect to the design of any buildings or structures located wholly or partially within a floodplain area.
(4)
A copy of all plans for new construction in floodplain areas shall be submitted by the Borough to the Montgomery County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Borough Council for possible incorporation into the proposed plan.
H.
Certificates. Upon approval, the preliminary plan must show:
(1)
The signature of the subdivider certifying his/her adoption of the plan and any changes thereto.
(2)
The signature of the registered land surveyor certifying that the plan represents a survey made by him/her, that the monuments shown thereon exist as located and that the dimensional and geodetic details are correct.
(3)
The signature of the registered professional engineer certifying the correctness of the design of all improvements.
(4)
The signature of the Borough Manager certifying that the Borough Council has approved the plan and any changes thereto on the date shown.
Applicants submitting a final plan shall conform to the following standards:
A.
Record plan.
(1)
Drafting standards. The same standards shall be required for a record plan as for a preliminary plan and, in addition, for recording purposes, the plans shall be placed on sheet sizes of 15 inches by 18 inches, 18 inches by 30 inches or 24 inches by 36 inches. All lettering and lines should be drawn so as to still be legible should the plan be reduced to 1/2 size.
(2)
Information to be shown. The plan, which shall include all portions of an approved preliminary plan, shall show:
(a)
A title, as required for a preliminary plan.
(b)
Courses and distances sufficient for the legal description of all the lines shown on the plan. The error of closure shall not be greater than one part in 10,000.
(c)
The names of abutting owners, names, locations, widths and other dimensions of all roads, including center-line courses, distances and curve data, descriptive data of ultimate right-of-way line so that a single deed may be drawn to the appropriate authority for the dedication of roads by the subdivider, developer or builder. Further, all proposed easements shall be clearly identified and shall include a statement of intention to dedicate to the Borough or other appropriate entity or person.
(d)
Evidence should be provided that the plans are in conformance with Chapter 540, Zoning, and other applicable Borough ordinances and regulations.
In any instance where such plans do not conform, evidence shall be presented which identifies the special exceptions or variances that have been officially authorized. |
(e)
When the proposed subdivision or land development affects only a portion of a tract, the applicant must demonstrate that any future subdivision or development will conform to existing zoning regulations and that such activity will be carried out in a logical and satisfactory manner.
(f)
The location, material and size of all monuments.
(g)
Building setback lines with distances from the ultimate right-of-way line.
(h)
Restrictions in the deed affecting the subdivision or development of the property.
(i)
The location of all floodplains and steep slopes (over 15%).
(3)
Certificates. When approved, the record plan must show:
(a)
The signature of the registered land surveyor certifying that the plan represents a survey made by him/her, that the monuments shown thereon exist as located and that the dimensional and geodetic details are correct.
(b)
The signature of the registered professional engineer certifying the correctness of the design of all improvements.
(c)
The signature of the subdivider, developer or builder certifying his/her adoption of the plan.
(d)
The signature of the Borough Manager certifying that the Borough Council approved the plan on the date shown.
B.
Improvement construction plan (where applicable).
(1)
Drafting standards. The same standards shall be required for an improvement construction plan as for a preliminary plan, except that the horizontal scale of the plan and profile shall not be in excess of 50 feet to the inch and the vertical scale of the plan shall be two, five or 10 feet to the inch, whichever is most appropriate.
(2)
Information to be shown. The plan shall contain sufficient information to provide working plans for the construction of the proposed roads, or any portion thereof, including all appurtenances, sewers and utilities as shown on the approved preliminary plan from one existing or approved road to another or, in the case of a cul-de-sac, to its turnaround. 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 of proposed immediate construction.
[3]
Stations corresponding to those shown on the profile.
[4]
The curb elevation at tangent points or horizontal curves at road or alley intersections and at the projected intersections of the curblines.
[5]
The location and size of sanitary sewers and lateral connections 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 and species of all shade trees and the location and type of fire hydrants and streetlights.
(b)
Profiles. The profile shall be a vertical section of the road with details of vertical alignment, as follows:
[1]
Profiles and elevations of the ground along the center lines of proposed roads.
[2]
Profiles of sanitary sewers with a profile over the sewer of the present and finished ground surface, showing manhole locations beginning at the lowest manhole.
[3]
Profiles of storm drains, showing manhole and inlet locations.
(c)
Cross section. The cross section shall comply with the engineering standards and requirements, being Appendix A hereof, as minimum requirements.[1] It shall show a typical cross section across the road with details of grading and construction, as follows:
[1]
The road and the location and width of paving within the road.
[2]
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 road and slopes of cut or fill extended beyond the road.
[5]
The location, width, type and depth of sidewalks, when required.
[6]
The typical location, size and depths of sewers and utilities.
[1]
Editor's Note: Appendix A is an attachment to this chapter.
A.
Applicants submitting a land development plan shall be required to show the following information, in addition to the information required for a minor residential land development plan, as identified in Subsection B, or a regular land development plan, as identified in Subsection C:
(1)
The zoning classifications and applicable requirements with which compliance is necessary for granting final approval.
(2)
Structural features for the use of two or more prospective occupants.
(3)
The lot size, floor area and/or gross leasable area, as applicable.
(4)
The density of the development, including the number of bedrooms per dwelling unit.
(5)
The total building coverage and the area of the total tract devoted to each use or group of uses, if applicable.
(6)
The location and placement of accessory structures and facilities.
(7)
All roads, parking facilities and pedestrianways (including the total number of parking spaces).
(8)
The areas of common open space or facilities.
(9)
A conceptual site-utilization layout defining the general location of all proposed uses and activities.
(10)
Specifications for required improvements and changes to be effected upon the existing terrain or existing structures thereon.
(11)
All covenants, deed restrictions or easements relating to use of property.
(12)
The location and description of all requirements of the Borough's landscaping criterion as then in force.
B.
Minor land development plan. It is the purpose of this subsection to provide for simplified plan submission and processing requirements by which minor land developments may be submitted and approved. Plans submitted under the provisions of this subsection must meet the following criteria, conform to the established standards and provide the required information.
(1)
Criteria for minor residential land developments. A residential land development that:
(a)
Contains only one residential building with less than five dwelling units.
(b)
Has not been part of a land development submitted within the past three years.
(c)
Presently fronts on a physically improved street that is legally open to the public.
(d)
Will not involve the construction of any new street or road, the extension of Borough facilities or the creation of any other public improvements.
(e)
Is in general conformance with the Borough Comprehensive Plan and other plans.
(2)
Criteria for minor nonresidential land developments. A nonresidential land development, in which:
(a)
The intended development or modification of a site or use and occupancy of an existing structure will create a minimal impact upon traffic, drainage, visual image, landscaping, buffering, lighting or other elements described within the purposes of this chapter.
(b)
The project involves only a parking lot expansion of not more than 25% of the original parking area.
(c)
There is a building addition of not more than 25% of the square footage of the existing building, up to a maximum addition size of 5,000 square feet.
(d)
There is an addition of tenants to an existing building but only minimal structural improvements are required.
(3)
Drafting standards.
(a)
A minor land development plan shall be clearly and legibly drawn to a scale not in excess of one inch equals 50 feet, except if the parcel being developed is five acres or larger the plan may be drawn to a scale not in excess of one inch equals 100 feet.
(b)
Dimensions shall be in feet and decimals and bearings in degrees, minutes and seconds.
(c)
The plan shall show the courses and distances of the boundary line survey of the entire land to be developed.
(d)
The sheet or sheets shall be one of the following sizes: 15 inches by 18 inches, 18 inches by 30 inches or 24 inches by 36 inches. 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, e.g., sheet No. 1 of 5 sheets.
(e)
Where there are two or more sheets, a key map shall be provided sufficient to show their relationship.
(4)
Location and identification.
(a)
The name(s) and address(es) of the subdivider and the registered professional engineer and/or land surveyor who prepared the plan.
(b)
The name of the development, its location in terms of significant bounding roads and the name of the municipality.
(c)
The date of preparation (or revision) of the plan, the scale and a North point.
(d)
The entire tract boundary with bearings and distances and a statement of the tract size.
(e)
Layout of all structures and facilities on the parcel and the net lot area of the parcel.
(f)
A key map relating the development to at least three existing intersections of Borough streets.
(g)
A legend sufficient to indicate clearly between existing and proposed conditions.
(5)
Existing and proposed features.
(a)
Within 100 feet of any part of the land being developed, the plan shall show the following information:
[1]
Property lines, existing buildings, present use and current owners.
[2]
The location, names and width (both cartway and right-of-way) of existing and proposed streets and alleys.
[3]
The location and size of all watercourses and the boundaries of floodplains (not limited to the regulatory flood elevation, where applicable).
[4]
Man-made structures and natural features, such as steep slopes (over 15%), which may affect the potential layout of the proposed building.
[5]
Areas subject to deed restrictions or easements.
(b)
Within the parcel to be developed, the plan shall show the following:
[1]
Location and character of buildings located on the land, including the buildings to be demolished as well as those to be retained or preserved.
[2]
If applicable, the location, names, widths and other dimensions of existing streets and alleys, including paving widths, curblines, rights-of-way and curbline radii at intersections and street location tie-ins by courses and distances to the nearest intersection of existing streets and alleys.
[3]
The location and size of all watercourses and boundaries of floodplains (not limited to the regulatory flood elevation, where applicable).
[4]
Man-made structures and natural features which limit the potential layout of the proposed building, including the location of marshland, slopes over 15% and other topographical features. Whenever the parcel contains slopes in excess of 15%, topographical data may be required by the Borough Engineer.
[5]
Areas subject to deed restrictions or easements.
[6]
The plan shall reference any land to be dedicated or reserved for future road widening or other public or common use.
[7]
Boundaries and identification of all soil types.
[8]
Location and size of on-site sewage facilities, if applicable, and documentation of approval of proposed facilities by the appropriate Borough officer.
[9]
Tentative sketch of future street and lot layout for remaining land not proposed for subdivision or development.
(6)
Additional requirements for developments within floodplains. Minor land development applications for land within floodplains must conform to the applicable requirements established for lands within such areas in § 465-26F.
(7)
Plan submission. Minor land development plans shall be submitted in accordance with the plan processing procedures identified in § 465-28 of this article.
(8)
Plan approval.
(a)
Plan approval shall be obtained through the procedure identified in § 465-29 of this article. After Borough Council approves the minor land development plan, the plan shall become a final plan when the following certificates are obtained:
[1]
The signature of the registered land surveyor certifying that the plan represents a survey made by him/her, that the monuments shown thereon exist as located and that the dimensional and geodetic details are correct.
[2]
The signature of the registered professional engineer certifying the correctness of the design of all improvements.
[3]
The signature of the developer certifying his/her adoption of the plan and any changes thereto.
[4]
The signature of the Borough Manager certifying that Borough Council has approved the minor land development plan and any changes thereto on the date shown.
[5]
Certification by the Zoning Hearing Board that any required special exceptions and variances have been granted.
C.
Regular land development plan. All land development plans which do not qualify for submission as a minor land development as described in Subsection B(1) of this section must include the applicable information required in §§ 465-26 and 465-27 of this article in addition to the information required in this section.
The following plan processing procedures shall be followed by all applicants for approval of a subdivision or land development plan:
A.
All plans filed for approval shall be submitted in the following order:
B.
An applicant shall submit not less than eight copies of each plan to the Borough Manager. In addition, up to four additional copies of each plan shall be submitted to the Borough Manager if Borough Council, the Borough Solicitor or the Borough Planning Commission determines that the plan(s) should be distributed to any of the optional plan recipients listed in Subsection I(4) herein.
C.
Each plan, whether tentative, minor subdivision or minor land development, preliminary or final, shall be filed one at a time; no subsequent plans shall be filed until a decision on the preceding plan has been reached.
D.
When the decision reached concerning an application for approval of a specific plan results in a denial of the plan, then the applicant, when and if he/she should reapply requesting approval of the plan, shall do so in accordance with the plan sequence outlined in Subsection A herein and the additional procedures below.
E.
Applications for approval of a subdivision or land development plan shall be received by the Borough Manager. Submittal and processing fees for plans and specifications for such plans shall accompany the applications.
F.
The applicant or his/her agent shall be required to appear in person at the Borough Hall in order to make application for approval of a plan and file plans therewith.
G.
Formal application shall be received at any time during Borough business hours. All applications for approval of a plan shall be acted upon by the Borough Council and such decisions shall be communicated to the applicant, in writing, not later than the prescribed time period according to the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
The applicant must submit a tentative, minor subdivision, minor residential land development, preliminary or final plan for review prior to applying to the Zoning Hearing Board for the granting of variances, special exceptions and conditional uses. If during the review process it is determined that a variance, special exception or a conditional use is necessary, then the applicant shall apply to the Zoning Hearing Board for such.
I.
Schedule of plan processing steps.
(1)
Applications for subdivision or land development, accompanied by not less than eight copies of the proposed plan, shall be received at the Borough Hall by the Borough Manager.
(3)
A cursory examination of the plan will be conducted to ensure basic compliance with the plan submission requirements of this article.
(4)
The Borough Manager shall distribute copies of the plan to the following persons, agencies or groups:
(5)
Application for approval of a subdivision or land development plan shall be placed on the agenda of the next Borough Planning Commission meeting following formal submission of the applicant.
(6)
Application for approval of a subdivision or land development plan shall be placed on the agenda of the next Borough Council meeting following receipt by the Borough Manager of the recommendation of the Montgomery County Planning Commission, Borough Planning Commission and Borough Engineer.
(7)
The Borough Council shall require the applicant to submit copies of all necessary permits from those governmental agencies from which approval is required by federal or state law.
(8)
The Borough Council shall act on the plan within 90 days after the date of the next regular meeting of the Borough Planning Commission following the date the application is submitted. If however the next regular meeting of the Borough Planning Commission occurs more than 30 days following the filing of the application, the said 90-day period shall be measured from the 30th day following the day the application has been filed. The following optional consequences shall result from action by the Council:
(a)
If the Council approves the plan, the Borough Manager will so certify thereon, and two copies of the approved plan will be forwarded to the applicant. The applicant would than resubmit four copies of the approved plan (two paper copies and two Mylar or linen copies) for seal and signature.
(b)
The Council may conditionally approve a plan, in which case the applicant shall appear at a subsequent Council meeting to demonstrate compliance or written acceptance of the conditions stipulated.
(c)
If the Council disapproves the plan, the Borough Manager will notify the applicant, in writing, of the defects in the application, will describe the requirements which have not been met and shall cite the provisions of state law or Borough ordinance relied upon.
(d)
The Borough may refuse to grant any approval necessary to further improve or develop any property which has been developed or which has resulted from a subdivision of property in violation of any ordinance adopted pursuant to this chapter. This authority to deny such approval shall apply to any of the following applicants:
[1]
The owner of record at the time of such violation.
[2]
The vendee or lessee of the owner of record at the time of such violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
[3]
The current owner of record who acquired the property subsequent to the time of violation, without regard as to whether such current owner had actual constructive knowledge of the violation.
[4]
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
As an additional condition for granting approval to any such owner, current owner, vendee or lessee for the development of any such property, the Borough may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such property. |
(9)
Approval will be effective for a period of five years, unless extended by Council. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of preliminary approval. No subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
(10)
When deemed desirable, the applicant may be requested to agree, in writing, to an extension of the time prescribed herein, in which case the Council, when rendering its decision, shall communicate it to the applicant prior to the termination of the extended time period.
(11)
If the Borough Council determines that only a portion of a proposed plan can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination, if at all.
(12)
When a developer does not intend to develop the plan himself/herself, and the Borough Council determines that additional controls are required to ensure safe development, it may require the developer to impose appropriate deed restriction on the land. Such deed restriction shall be inserted in every deed and noted on the record plan.
(13)
The approval of a subdivision or land development plan near or within the floodplain shall not constitute a representation, guarantee or warranty of any kind by the Borough or by any official or employee thereof of the practicability or safety of the proposed plan and shall create no liability upon Rockledge, its officials or employees. The degree of floodproofing intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This chapter does not imply that areas outside floodplains or subdivisions or land developments permitted within such areas will always be totally free from flooding or flood damage.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Purpose. A traffic impact study will enable Rockledge Borough to assess the impact of the proposed development on the transportation system, both highways and public transportation, in the Borough. The purpose of the traffic impact study is to ensure that proposed developments do not adversely affect the transportation network and to identify any traffic problems associated with access between the site and the existing transportation network. The study's purpose is also to delineate solutions to potential problems and to present improvements to be incorporated into the proposed development. The study shall assist in the protection of air quality, conservation of energy and encouragement of public transportation use.
B.
A traffic impact study shall be prepared by a qualified traffic engineer and/or transportation planner with previous traffic study experience. Procedures and standards for a traffic impact study area as set forth herein. Applicant may provide funds to the Borough to enable the Borough to hire a traffic engineer of its choice to conduct the study, if this procedure is deemed appropriate and approved by the Borough.
C.
Applicability.
(1)
A traffic impact study shall be submitted for all zoning changes, subdivisions and land developments that meet one or more of the following criteria:
(a)
Residential. Five or more dwelling units or lots.
(b)
Nonresidential subdivision. Five lots or more.
(c)
Commercial. A commercial building or buildings consisting of 15,000 square feet or more of gross floor space (total floor area on all floors within the exterior walls of the building).
(d)
Office. A development consisting of 15,000 square feet or more of gross floor space.
(e)
Industrial. Any industrial development consisting of five or more lots, or 15,000 square feet or more of gross floor area, or having more than 35 employees (immediately or future) with access from the site onto a Borough street, or with an expected daily traffic flow of more than 100 vehicle trips per day with site access onto a Borough street.
(f)
Institutional. Any medical, educational or institutional development consisting of 15,000 square feet or more of gross floor area.
(g)
Other. Any uses that propose to generate 250 or more trips per day.
*The number of trips shall be determined through the use of the Institute of Transportation Engineers (ITE), "Trip Generation," latest edition.
(2)
Borough Council, at its discretion, may require any other subdivision or land development application to be accompanied by a traffic impact study; provided, however, that Council notifies the applicant within 60 days following the Planning Commission's first meeting to consider the proposal. Such a notification shall specify the reason for the requirement, citing the proposal's particular location or existing problems or type of use. The Rockledge Borough Council, at its discretion, may waive the requirement for a traffic impact study. If required by the Borough Council, the developer of a land development shall provide emergency signal preemption for any traffic signals located within or immediately adjacent to the development.
D.
Definitions.
(1) LEVEL OF SERVICE MAJOR INTERSECTION PUBLIC TRANSPORTATION STUDY AREA TRIP GENERATION RATES VOLUME/CAPACITY ANALYSIS WARRANTS FOR TRAFFIC SIGNAL INSTALLATION
As used in this section, the following terms shall have the meanings indicated:
Level of service, as described in the 2000 Highway Capacity Manual, indicates how well traffic moves on a particular highway facility or through a specific intersection. There are six levels of servicing ranging from "A" through "F." Level of service "A" indicates generally free movement. Level of service "F" represents maximum capacity of the facility. Level "F" indicates congestion. Level of service "C" is considered the design level of service, representing a stable traffic flow and a relatively satisfactory travel speed.
Any intersection where traffic generated by the proposal will have significant impact on the operation of the intersection and/or any other intersection involving an arterial road. Where doubt exists, the transportation engineer shall seek guidance from Council prior to the submission of the traffic impact study.
Transportation service for the general public provided by a common carrier of passengers generally on a regular route basis or a private operator offering service to the public.
This area will extend approximately 1/2 mile along the adjacent roadways in all directions from all access points or the first major intersection along these roadways. Where doubt exists, the traffic engineer shall seek guidance from the Borough Council prior to the submission of the traffic impact study.
The total count of trips to and from a study site per unit of land use as measured by parameters such as dwelling units, acres, etc.
This procedure compares the volume of a roadway or intersection approach to its capacity (maximum number of vehicles that can pass a given point during a given time period). The procedures described in the 2000 Highway Capacity Manual, Highway Research Board Special Report 209, shall be followed.
This is a series of warrants which details the minimum traffic or pedestrian volumes or other criteria necessary for the installation of a traffic signal. These warrants are contained in the Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation, Federal Highway Administration, 1988, as amended, or the most recent version, whichever is later.
(2)
Engineering and traffic studies shall be prepared in accordance with Title 67, Chapter 201, "Engineering and Traffic Studies."[1]
[1]
Editor's Note: See now the MUTCD (Manual on Uniform Traffic Control Devices published by the Federal Highway Administration) and PennDOT Publication 212, Official Traffic Control Devices (Chapter 212 of Title 67).
E.
General requirements and standards. A traffic impact study shall contain the following information:
(1)
General site description. The site description shall include the size, location, proposed land uses, construction staging and completion date of the proposed subdivision or land development. If the development is residential, types of dwelling units shall also be included. A brief description of other major existing and proposed developments within the study area shall be provided. The general site description shall also include probable socioeconomic characteristics of potential site users to the extent that they may affect the transportation needs of the site (i.e., number of senior citizens).
(2)
Transportation facilities description. The description shall contain a full documentation of the proposed internal and existing external transportation system. This description shall include proposed internal vehicular, bicycle and pedestrian circulation, all proposed ingress and egress locations, all internal roadway widths and rights-of-way, parking conditions, traffic channelization and any traffic signals or other intersection control devices at all intersections within the site. The report shall describe the entire external roadway system within the study area and include discussion of existing design deficiencies and potential safety hazards. Major intersections in the study area shall be identified and sketched. All existing and proposed public transportation services and facilities within a one-mile radius of the site shall also be documented. Report shall include review and discussion of all available accident reports within the study area during the prior three years. All future highway improvements, including proposed construction and traffic signalization shall be noted. The Four-Year Regional Transportation Improvement Program maintained by the Delaware Valley Regional Planning Commission shall be used as a source of information when determining if any future roadway improvements are scheduled for the adjacent road network. Any proposed roadway improvements due to proposed surrounding developments shall be recorded.
(3)
Existing traffic conditions. Existing traffic conditions shall be measured and documented for all roadways and intersections in the study area. Existing traffic volumes for average daily traffic, peak highway hour(s) traffic and peak development generated hour(s) and documentation shall be included in the report. Traffic count data shall not be more than one year old. Traffic counts shall be taken on a Tuesday, Wednesday or Thursday of a non-holiday week. Traffic counts shall be collected during average volume conditions, during fair weather and in consideration of any construction activities or special events which may be taking place in the area. Additional counts (conducted on a Saturday for a commercial development or residential development in close proximity to the commercial district or tourist attractions) may also be required in some cases. The Borough Council shall make such determinations. Roadway characteristics shall be described and illustrated. Features to be addressed shall include lane configurations, geometry, signal timing, traffic control devices, posted speed limits and sight distance limitations. Existing levels of service shall be calculated for all intersections and turning movements within the study area. This analysis will determine the adequacy of the existing roadway system to adequately serve the existing traffic demand. Roadways, signalized intersections or individual movements experiencing levels of service below "C" and/or volume capacity ratios greater than or equal to 1.0 shall be noted as deficient. Unsignalized intersections with levels of service below "D" shall also be noted. A volume/capacity analysis based upon existing volumes shall be performed during the peak highway hour(s) and the peak development generated hour(s) for all roadways and major intersections in the study area. Levels of service shall be determined for each location using the current edition of the Highway Capacity Manual Methodology.
(4)
Transportation impact of the development. Estimation of vehicular trips to result from the proposal shall be completed for the average daily peak highway hour(s) and peak development generated hour(s). Vehicular trip generation rates to be used for this calculation shall be obtained from "Trip Generation," Sixth Edition, an informational report of the Institute of Transportation Engineers, 1977, as amended. These development generated traffic volumes shall be provided for the in-bound and outbound traffic movements as estimated, and the reference source(s) methodology followed shall be documented. All turning movements shall be calculated. These general volumes shall be distributed to the study area and assigned to the existing roadways and intersections throughout the study area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to individual access points. If school crossings are to be used, pedestrian volumes shall be assigned to each crossing. Any characteristic of the site that will cause particular trip generation problems shall be noted.
(5)
Analysis of transportation impact. The total future traffic demand shall be calculated. This demand shall consist of the combination of the existing traffic expanded to the completion year (using a background growth rate for the area from the Montgomery County Planning Commission's traffic count database or from the Delaware Valley Regional Planning Commission's "Highway Network Coverage Counts"), the development-generated traffic and the traffic generated by other proposed developments in the study area. A second volume/capacity analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. This analysis shall be performed during the peak highway hour(s) and peak development-generated hour(s) for all roadways and major intersections in the study area. Level of service calculations shall be competed for all major intersections. It is usually at these locations that capacity is most restricted. All access points and pedestrian crossings shall be examined as to the feasibility of installing traffic signals. This evaluation shall compare the projected traffic and pedestrian volumes to the warrants for traffic signal installation.
(6)
Conclusions and recommended improvements.
(a)
Levels of service for all roadways and intersections shall be listed. All individual turning movements of roadways and/or intersections showing a level of service below "C" shall be considered deficient, and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to, the following elements:
(b)
Existing and/or future public transportation service shall also be addressed. A listing of all actions to be undertaken to increase present public transportation usage and improve service, if applicable, shall be included. An analysis shall be undertaken to indicate whether or not future public transportation service should be provided to the development.
(c)
The listing of recommended improvements for both roadways and transit shall include, for each improvement, the party responsible for the improvement, the cost and funding of the improvement and the completion date for the improvement.
(d)
The study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements shall be described. The mitigation measures may include recommendations such as roadway widening, turning lanes, deceleration lanes/tapers, changes to signalization, use of access management techniques, or a reduction in the proposed intensity of the use. The responsibility and timing of all recommended roadway improvements shall be described within the traffic impact study.
F.
Time of submission. The traffic impact study shall be submitted to the Planning Commission with the preliminary plan submission. Revisions to preliminary plans may constitute the need for resubmission of the traffic impact study for the revised conditions. Improvement plans shall not be submitted to PennDOT until after review by the Borough Planning Commission and Borough Council.
G.
Implementation. Borough Council shall review the traffic impact study to analyze its adequacy in solving any traffic problems that will occur due to the land development or subdivision. Borough Council may determine that certain improvements on and/or adjacent to the site and within the study area are necessary requirements for land development or subdivision plan approval and may attach these as conditions to the approval. If Borough Council determines that such additional improvements are necessary, the developer shall have the opportunity to submit alternative improvement designs to obtain plan approval.
H.
Emergency response organizations. The Borough shall submit all land development plans proposing the construction of nonresidential buildings or multifamily residential dwellings to the Fire Department, Police Department and any other emergency response organization having jurisdiction within the area of the proposed development for review and comment.