Township of Upper Frederick, PA Plan Submission Requirements and Processing Procedures

The 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.

Contour lines shall be 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 elevations or to the USGS datum. One hundred feet shall be the largest horizontal distance between intervals.

Dimensions shall be in feet and decimals and bearings in degrees, minutes and seconds.

The plan shall show the courses and distances of the boundary line survey of the entire land to be subdivided.

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 use the same scale, 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. A key map shall be provided to show the relationship of all sheets together.

Location and identification. Each plan shall provide:

The name of the subdivision or land development.

A key map relating the subdivision or land development to at least three existing intersections in the Township.

The name and address of the owner(s) and if applicable the name and address of the agent. Some proof showing agent's relationship to owner shall also be submitted with the plan.

Name address, professional seal and signature of the registered engineer, surveyor or other qualified person who developed the plan.

A statement of total tract size.

The date of preparation (or revision) of the plan, the scale and a north point.

(7)

Layout and dimensions of all lots showing gross and net lot area of each in square feet and/or acres, as applicable.

(8)

A legend sufficient to clearly differentiate between existing and proposed conditions.

(9)

The plan shall include a note setting forth the present land use and the zoning requirements, including the applicable lot size and yard requirements. The plan also shall show the requirements of any other Township ordinance, if any, on both the land to be subdivided and the adjacent land.

Existing and proposed features.

For a distance of 100 feet outside the boundary of the tract being subdivided or developed, the plan shall show the following information:

Property lines, present land use, zoning district and current owners.

The location, names and width (both cartway and right-of-way) of existing and proposed roads.

The location of private wells and onsite sewage disposal systems.

Location and size of existing and proposed sanitary sewers, manholes, storm sewers and inlets.

The location and size of all watercourses and the boundaries of floodplains as defined by Chapter 285, Zoning, Article XVI, Floodplain Conservation District, of the Code of the Township of Upper Frederick.

(f)

Man-made structures.

(g)

Natural features, including topography. Steep slopes over 15% shall be delineated.

(h)

Areas subject to covenants, deed restriction or easements.

(i)

Other information deemed necessary by the Township.

Within the tract to be subdivided or developed the plan shall show all the information required in § 240-7C(1) plus the following:

Location, nature and use of all structure(s) located on the land, including the structures to be demolished, as well as those to be retained and/or preserved.

If applicable, the locations, names and dimensions of existing and proposed roads including paving widths, curblines, legal and ultimate rights-of-way, curbline radii at intersections and road location tie-ins by courses and distances to the nearest road intersection.

The location of private wells and sanitary sewer systems.

The location and size of all watercourses, boundaries of all applicable Riparian Corridor Conservation zones, and the boundaries of floodplain, as defined by Chapter 285, Zoning, Article XVI, Floodplain Conservation District, of the Code of the Township of Upper Frederick.

[Amended 9-10-2009 by Ord. No. 2009-08]

Man-made structures and natural features, including topography, woodland cover, riparian conservation corridor, wetlands and prime farmland and farmland of statewide importance. Steep slopes over 15% shall be delineated.

[Amended 1-14-2010 by Ord. No. 2010-02]

(f)

Areas subject to deed restrictions or easements.

(g)

Other information deemed necessary by the Township.

Within the land to be subdivided or developed the plan shall show the following information:

Location, nature and use of structure located on the land, including the structures to be demolished, as well as those to be retained and/or preserved.

If applicable, the location, names, widths and other dimensions of existing roads including paving widths, curblines, rights-of-way, curbline radii at intersections and street location tie-ins by courses and distances to the nearest road intersection.

The location of existing and proposed private wells and sewage disposal systems. Documentation of approval of proposed sewerage systems by the Township Sewage Enforcement Officer.

The plan shall reference any land to be dedicated or reserved for future road widening or other public or common use.

The location and boundary of all soil types.

(f)

Building setback lines (front yard lines) side and rear yard lines on all proposed lots with distances from the ultimate right-of-way line.

(g)

Total building coverage and the area of the total tract devoted to each use or group of uses.

(h)

Location of accessory structures and facilities.

(i)

Tentative sketch of future road and lot layout for remaining land not proposed for subdivision or development.

(j)

Other information deemed necessary by the Township.

§ 240-8 Types of plans for subdivision and land development.

Tentative sketch plan. Applicants are encouraged to submit tentative sketch plans for subdivisions and/or land developments, although this type of plan submission is optional.

Tentative sketch plans should be presented to the Township Planning Commission for informal discussion at a regularly scheduled Planning Commission meeting.

The purpose of a tentative sketch plan submission is to provide informal advice and guidance to an applicant prior to preparation of preliminary plans, and, therefore, it does not constitute a formal plan submission and is not subject to a time limit.

The Township Planning Commission may make nonbinding suggestions and recommendations to the applicant during the meeting at which the plan is discussed. These need not be presented in writing to the applicant, however, they should be summarized in the minutes of the Township Planning Commission for reference.

If a proposal is large or complex, the Township Planning Commission may defer completing its comments and recommendations until it has consulted its technical advisors. However, the Planning Commission will try to expedite this informal review process.

A preliminary plan, as described in § 240-11, is required for all applicable subdivisions and land developments proposed within the Township.

A final plan, as described in § 240-12 is required for all applicable subdivisions and land developments proposed within the Township.

A final plan shall consist of two parts:

Record plan, as described in § 240-12A.

Improvement construction plan, where applicable, as described in § 240-12B.

A plan showing all information required for a final plan, with has been submitted as a preliminary plan and for which no changes have been required by the Township, may be approved as a final plan.

A land development plan, as described in § 240-13, is required for all applicable land developments proposed within the Township. 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.

Auction sales. When an owner proposes to offer his land for sale at auction in two or more parts, the following procedures shall be followed:

Preliminary plans showing the manner in which the owner desires to divide his land for sale at auction, shall be submitted for approval or review as required under § 240-11 of this chapter, prior to advertisement of the sale, and in addition, shall contain the following notation:

This property is intended to be sold by auction or about

, in whole or in part according to this plan. Sale of lots at such auction shall be in the form of agreement to purchase, and no actual transfer of ownership or interest in such lots shall proceed until a final plan showing such division of the property shall have been reviewed by the Upper Frederick Township Planning Commission in accordance with its regulations, approved by the Board of Supervisors, and recorded in the Office of the Recorder of deeds, Montgomery County.

The auction sale may then proceed in accordance with the above notation, after which the subdivider shall prepare and submit a final plan in accordance with these regulations.

§ 240-9 Tentative sketch plan.

Sketch plans shall be drawn legibly to scale but not necessarily showing precise dimensions and shall show the following information:

Name of subdivision or land development and name of Township.

A location plan showing the subject tract and the surrounding road network, including a key map.

Name and address of the owner, agent, engineer, surveyor and architect, as applicable.

The tract boundary and location by deed plotting.

A north point and scale.

The existing and proposed road and lot (or structure) layout.

Significant topographical and physical features, such as soils, floodplains, steep slopes (over 15%), woodlands and existing structures.

Proposals for control of drainage runoff.

Proposals for community facilities.

§ 240-10 Minor subdivision plan.

It is the purpose of this section to provide for simplified plan submission and processing requirements by which minor subdivision 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 as described in § 240-7.

Criteria for minor subdivisions. A subdivision of a tract of land that:

Contains four lots or less.

Has not been part of a subdivision submitted within the past three years.

Presently fronts on a physically improved street that is legally open to the public.

Will not involve the construction of any new street or road, the extension of Township facilities or the creation of any other public improvements.

Requires a variance(s) from Chapter 285, Zoning, for no more than one of the proposed lots on which new construction will occur or may occur in the future.

Is in general conformance with the Township Comprehensive Plan and other plans.

Additional requirements for minor subdivisions within floodplains. Minor subdivision applications for land within floodplains must conform to the applicable requirements established for lands within such areas in §§ 240-11B and 240-31 of this chapter and Chapter 285, Zoning, Article XVI, of the Code of the Township of Upper Frederick.

Plan submission. Minor subdivision plans shall be submitted in accordance with the plan processing procedures identified in § 240-14.

Plan approval. Plan approval shall be obtained through the procedure identified in § 240-14. The plan shall become a final plan when the following certifications are obtained:

The signature and seal of the registered surveyor certifying that the plan represents a survey made by him; that the monuments shown thereon exist as located; and that the dimensional and geodetic details are correct.

The signature of the owner or agent certifying his adoption of the plan and changes thereto.

The signature of the Township Planning Commission certifying approval of the minor subdivision plan and any changes thereto on the date shown to the Board of Supervisors.

Certification by the Zoning Hearing Board that any required special exceptions and variances have been granted.

Signature of the Township Board of Supervisors certifying approval of the plan.

Recording of plan. Following final approval, the plan must be recorded in accordance with § 240-15.

§ 240-11 Preliminary plan.

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 standards and provide the required information as described in § 240-7 as well as the following:

Proposed improvements. Within the subject tract to be subdivided or developed and up to a distance of 100 feet outside the tract the plan shall show:

Location and size of existing and proposed utilities above and below ground (e.g., electric facilities, fire hydrants, gas mains, water lines).

Tentative grading plan of proposed roads to an existing road at a point of 100 feet beyond the boundaries of the tract.

Tentative grading plan around all proposed structures and improvements.

Location and size of open recreation areas.

Land to be dedicated or reserved for future road widening or other public or common use.

Locations of test holes.

(7)

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.

(8)

Preliminary design of any bridges, culverts or other structures and appurtenances which may be required.

Floodplain areas.

The regulations contained herein shall apply in those areas identified as flood prone in Chapter 285, Article XVI, of the Code of the Township of Upper Frederick. The Flood Boundary and Floodway Map, shall be available in the Upper Frederick Township building for inspection. In regard to the adopted Floodplain Conservation District, the regulations contained herein shall apply to those areas defined and established as floodplain and not in conflict with the information provided in the Flood Insurance Study.

The regulations contained herein are identified to conform to the requirements of § 1910.3d of the National Flood Insurance Program, P.L. 93-234. Furthermore, it is the purpose of these regulations to:

Regulate the subdivision and development of floodplain areas in order to promote the general health, welfare and safety of the community.

Require that each subdivision lot or development site in floodplain areas be provided with a safe building site with adequate access; and that public facilities which serve such sites be designed and installed to preclude flood damage at the time of initial construction.

Protect individuals from buying lands which are unsuitable for use because of flood hazards by prohibiting the subdivision and development of unprotected floodplain areas.

Prospective developers shall consult with the Zoning Officer to make a determination as to whether or not the proposed subdivision or land development is located within an identified floodplain.

Where not prohibited by this or any other codes or ordinances, land located in a floodplain may be subdivided or developed with the provisions that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other codes or ordinances regulating such development.

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 identifying the following:

Location and elevation of existing and proposed roads, water supply and sanitary facilities, building sites, structures, soil types, and proposed floodproofing measures.

Boundaries of the floodplain and the base flood elevation as defined in Chapter 285, Zoning, Article XVI, Floodplain Conservation District, of the Code of the Township of Upper Frederick.

Certificates. Upon approval the preliminary plan must show:

The signature of the owner or agent certifying his adoption of the plan and any changes thereto.

The signature of the Township Planning Commission certifying to the Board of Supervisors approval of the plan and any changes thereto on the date shown.

§ 240-12 Final plan.

Applicant submitting a final plan shall conform to the following standards:

Record plan (final subdivision plan).

Drafting standards. The same standards shall be required for a record plan as for a preliminary plan and, in addition, for recording purposes all lettering and lines shall be drawn so as to still be legible should the plan be reduced to half size.

Information to be shown. The plan, which shall include all portions of an approved preliminary plan, shall also show:

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.

The location, material and size of all monuments.

Descriptive data of ultimate right-of-way lines, so that a single deed may be drawn to the appropriate authority for the dedication of roads by the subdivider, developer or builder.

Evidence shall be provided that the plans are in conformance with Chapter 285, Zoning, and other applicable Township ordinances and regulations. In any instance where such plans do not conform, a notation on the plan shall identify the special exceptions or variances that have been officially authorized.

When only a portion of the tract is being reviewed relative to the subdivision or land development, but where future subdivision or development is imminent, the applicant shall demonstrate that the remainder of the tract or parcel may be subdivided or developed in conformance with the existing zoning classification of land use in a logical and satisfied manner, as a condition of approval of his plan.

Certificates. When approved the record plan must show:

The signature of the registered surveyor certifying that the plan represents a survey made by him; that the monuments shown thereon exist as located; and that the dimensional and geodetic details are correct.

The signature of the owner or agent, certifying his adoption of the plan. If an agent is signing a plan on behalf of the property owners, his authority to do so shall be filed on record with the Township and the Montgomery County Recorder of Deed's office.

The signature of the Township Planning Commission certifying to the Board of Supervisors approval of the plan on the date shown.

The signature of the Township Board of Supervisors.

Improvement construction plan (where applicable).

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 feet, five feet or 10 feet to the inch, whichever is most appropriate.

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:

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 each stage of construction as applicable.

[3]

Stations corresponding to those shown on the profile.

[4]

The curb elevation at tangent points or horizontal curves at road 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, storm drains and inlets.

[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.

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 and finished ground surface showing manhole location beginning at the lowest manhole.

[3]

Profiles of storm drains showing manhole and inlet locations.

Cross section. The cross section shall comply with the Township Engineer's standards and specifications as minimum requirements. It shall show a typical cross section across the road with details of grading and construction as follows:

[1]

The road, location and width of paving within the ultimate right-of-way.

[2]

The type, depth and crown of paving.

[3]

The type and size of curb.

[4]

Location, width, type and thickness of sidewalks.

[5]

The typical location, size and depths of sewer and utilities.

§ 240-13 Land development plans.

Applicants submitting a land development plan shall be required to show the following in addition to the information required in §§ 240-10 and 240-11:

The zoning classification and applicable requirements with which compliance is necessary for granting final approval.

Man-made features for the use of two or more prospective occupants.

The lot size, floor area and/or gross leasable area as applicable.

The density including the bedroom mix, if applicable.

All roads, parking facilities and pedestrian ways (including the total number of parking spaces).

The areas of common open space or facilities.

A conceptual site utilization layout defining the general location of proposed uses and activities.

Specifications for required improvements and changes to be effected upon the existing terrain or existing structures thereon.

Other information deemed necessary by the Township.

§ 240-14 Plan processing procedures.

[Amended 4-2-1992 by Ord. No. 92-1; 11-14-1996 by Ord. No. 96-6]

The following plan processing procedures shall be followed by all applicants for approval of a subdivision or land development plan:

All plans filed for approval shall be submitted in the following order:

Tentative sketch plan [optional or as required for subdivision or land development in § 240-8A(1)].

Minor subdivision plan (may be submitted in satisfaction of preliminary and final plan requirements).

Preliminary plan (includes subdivision improvement construction plan and/or land development plan as applicable).

Final plan, record plan (improvement construction plan and/or land development plan, as applicable).

Each plan, whether tentative, minor subdivision, 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.

Formal applications for subdivision or land development shall be received by the Township Secretary at the Township Municipal Building at any time during regular working hours.

The Township Secretary shall note the date received on each Township plan approval application form.

Formal applications (minor subdivisions; tentative sketch plan if required; preliminary or final plan) shall consist of the following:

[Amended 6-14-2018 by Ord. No. 2018-02]

Three completed copies of the Township Plan Approval Application form.

Not less than eight legible black-line or blue-line paper prints, and one drawing(s) in digital (.pdf) format and one PDF copy on a disk. If a proposed preliminary plan abuts or traverses a state road, one copy of the plan shall be submitted to be filed with the Pennsylvania Department of Transportation.

Five completed copies of the sewage disposal report whenever soil percolation tests are required.

Four copies of all other required information, including the proposed erosion and sediment control plan.

Four copies of all necessary permits from those governmental agencies from which approval is required by federal or state law.

The Township filing fee and an escrow fee as established by the governing body. The escrow fee is intended to cover the costs incurred by the municipality in examining the plans and other expenses that are incidental to the review of the plan. The subdivider shall pay the filing fee and escrow fee at the time of the filing of the application. The subdivider shall be required to replenish the escrow upon notice from the municipality that additional money is necessary to cover the review by the professional consultants/staff of the municipality. Any filing fee charged by the Montgomery County Planning Commission, or any other agency, is not included in the municipal filing fee or escrow. It shall be the responsibility of the subdivider to submit the filing fee charged by the Montgomery County Planning Commission, or any other agency, directly to the Montgomery County Planning Commission, or any other agency.

(7)

Certification that any previously required variances and/or special exceptions have been obtained from the Zoning Hearing Board.

Upon receipt, the Township Secretary shall forward two copies of the plan, along with appropriate fee and review request form, to the Montgomery County Planning Commission and shall forward the remaining six copies to the Township Planning Commission.

The Township Planning Commission shall distribute copies of the plan for review as follows:

Township Planning Commission: three.

Township Engineer: one, when applicable.

Township Solicitor: one, when applicable.

Township Authority: one, when applicable.

Review and recommendations by the Township Engineer, Township Solicitor and Township Authority shall be forwarded to the Township Planning Commission within 30 days from the date specified on the approval application form.

Review and recommendations by the Montgomery County Planning Commission shall be submitted to the Township no later than 30 days from the date specified on the review request form (the date the plans were forwarded to the county).

The thirty-day review period shall not begin more than five days prior to the Montgomery County Planning Commission receipt of the request.

If no date is noted on the request, the date will be assumed to be two days prior to its receipt by the Montgomery County Planning Commission.

A county review shall be considered late only if the date on the county's report is more than the mandated number of days from the date on the review request form, unless a time extension has been granted or the proposal has been temporarily withdrawn. When a county review is late the Township may continue processing the application.

When the time clock has been stopped due to a bad check or other valid reason, the days that pass during the stop time shall not count as part of the review period. The time clock will resume counting on the day the problem is resolved; provided, however, that in no case shall there be less than 15 days remaining for the review period. Thus, when less than 15 days remain, the time clock is automatically extended to cover the required 15 days.

All formal applications for approval of a plan shall be acted upon by the Township Planning Commission and the Board of Supervisors and such decisions shall be communicated to the applicant in writing, within the prescribed time period according to the Pennsylvania Municipalities Planning Code.

Application for approval of a subdivision or land development plan shall be placed on the agenda of the next regular Township Planning Commission meeting following formal submission of the application. The Township Planning Commission shall advise the applicant of the starting date of the legally prescribed time period for processing the plan as described in Subsection N.

The applicant, or his agent, shall appear in person at the time the Township Planning Commission reviews the plan.

If, during the review of the Township Planning Commission, it is determined that a variance and/or special exception is necessary, then the applicant shall apply to the Zoning Hearing Board for such.

The Township Planning Commission shall recommend to the Board of Supervisors, in writing, the reasons for disapproval, approval or conditional approval.

The Board of Supervisors shall act on the plan within 90 days after the date of the next regular meeting of the Township Planning Commission following the date the application is submitted to the Township Secretary. If, however, the next regular meeting of the Township Planning Commission occurs more than 30 days following the submittal of the application, the said ninety-day period shall be measured from the 30th day following the date the application was submitted.

When deemed appropriate, the Township may request the applicant to agree, in writing, to an extension of the time period prescribed. (Such as, but not limited to, time required to secure a variance or special exception or to resolve a design problem, etc.).

If the Board of Supervisors disapproves the plan, the Township Secretary shall notify the applicant in writing, describe the requirements which have not been met and shall site the provisions of state law or Township ordinance relied upon for such decision. A copy of such notification shall be sent to the Planning Commission. If and when the applicant should reapply requesting approval of the plan, he shall do so in accordance with the plan sequence outlined in Subsection A.

If the Board of Supervisors approves a preliminary plan subject to specific conditions, than those conditions shall be accepted in writing by the applicant, otherwise the plan shall be denied approval. Therefore, the written notification to the applicant shall:

State the conditions of approval and request the applicant's written agreement to the conditions.

State that the application will be denied if the applicant does not agree to the conditions, and specify the defects found in the application, describe the requirements which have not been met, and cite the provisions of the statute or ordinance relied upon for denial of the plan.

State the plan approval shall be rescinded automatically upon the applicant's failure to accept or reject the conditions within 30 days following the decision of the Township Board of Supervisors to grant conditional approval.

If the Board of Supervisors approves the plan, seven copies, two mylar or linen and five paper, shall be signed and sealed by the Board of Supervisors and the Township Planning Commission.

An approval of a plan shall be effective for a period of five years, unless extended by the Board of Supervisors. Where final approval is preceded by preliminary approval, the five-year period shall be counted from date of preliminary approval. No subsequent change or amendment in zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect 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.

In addition, where the landowner has substantially completed the required improvements as depicted on the final plan within the five-year limit, or any extension thereof as may be granted by the Board of Supervisors, no change of Township ordinance or plan enacted after the date of the filing of the preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to zoning classification or density, lot, building, road or utility location.

If the development is proposed in phases in which the installation of improvements shall extend beyond the five-year period, then the following shall be done:

The landowner shall file a schedule along with the preliminary plan. Said schedule shall depict the proposed development sections and include deadlines within which application for final plan approval of each section is intended to be filed. The schedule shall be updated annually by the applicant on or before the anniversary date of preliminary plan approval. The schedule update must be done until final plan approval for the final section is granted. Said schedule and its modifications are subject to approval of the Board of Supervisors.

In the case of residential subdivisions or land developments which are to be developed in sections, each section, except the final section, must contain at least 25% of the total number of dwelling units in the entire development. However, the Board of Supervisors may approve a lesser percentage.

If the landowner does not adhere to the schedule of submission of final plans for the various sections, then any changes in zoning, subdivision or other governing ordinances enacted after the date of initial preliminary plan submission shall affect his property.