This article regulates the submission and processing of all applications for subdivisions and/or land developments in the Township, as defined in Article
II, Definitions, of this chapter.
Applications for subdivisions and/or land developments
shall be classified as preapplication sketch plans, preliminary plans,
or final plans.
A. Preapplication sketch plans. The Township strongly recommends applicants submit preapplication sketch plans for informal discussion and guidance in conformance with the guidelines of §
425-302, Preapplication sketch plan standards, and §
425-303, Preapplication sketch plan procedure.
B. Preliminary plans.
(1) All major subdivision plans and all land development plans shall be submitted in compliance with §
425-304, Preliminary plan requirements, herein.
(2) Minor subdivision plans, as defined in this chapter, may be submitted in compliance with §
425-309, Minor subdivision plans, herein.
(3) All preliminary plans shall comply with §
425-305, Preliminary plan procedure, herein.
C. Final plans.
(1) All final major subdivision plans and all final land development plans shall be submitted and processed in compliance with §
425-306, Final plan requirements, and §
425-307, Final plan procedure, herein.
(2) Minor subdivision final plans may be submitted and processed in compliance with §
425-309, Minor subdivision plans, herein.
Preapplication sketch plans inform the Township
of an applicant's intent to subdivide and/or develop a property and
graphically show the concepts and extent of the proposal. They also
allow the Township to provide advice and guidance to an applicant
so that major issues can be resolved prior to preparation of preliminary
plans, so the preliminary plan approval process may proceed more efficiently.
A. Preapplication sketch plans shall have no legal standing
with regard to the formal plan approval process mandated by the Pennsylvania
Municipalities Planning Code but shall be considered as a tool for
discussion and guidance regarding development issues.
B. Preapplication sketch plan information. The plan should
be drawn legibly and to scale, but it need not be a precisely surveyed
or engineered plan, and it is to the applicant's advantage to show
as much of the following information as possible:
(1) The entire tract boundary and total acreage.
(2) Existing and proposed streets, lots, buildings, and
approximate building envelopes.
(3) Access analysis for all nonresidential proposals in
compliance with this chapter; optional for residential proposals.
(4) Significant physical features such as floodplains,
steep slopes, woodlands, and existing structures.
(5) Contour lines at five- to ten-foot intervals, based
on USGS datum.
(6) Approximate locations for stormwater control basins,
if necessary.
(7) Location plan showing the relationship of the subject
tract to the surrounding road network and major physical features.
(8) North point and written and graphic scale. Plans shall
be oriented so that north is to the top of the sheet.
(9) Name and address of the owner.
(10)
Name and address of the engineer, surveyor or
architect, as applicable.
(11)
Any additional information that the applicant
believes will help explain the proposal.
The preapplication sketch plan procedure allows
a cooperative effort between the Township and the applicant to identify
and resolve significant issues before preparation of preliminary plans,
so the preliminary plan approval process may proceed more efficiently.
A. The applicant shall make a request to the Township
Secretary to be scheduled on the meeting agenda of the Township Planning
Commission for an informal discussion of the preapplication sketch
plan.
(1) The applicant shall provide 15 copies of an electronic
version of the plan on compact disc (CD) at the time of original plan
filing and at the time of submittal of all revisions. The CDs shall
be labeled, including the title of the subdivision, the plan's original
date, and the plan's last revised date when applicable. The CDs shall
contain file(s) of the proposed subdivision or land development plan
for use with the Township projector system during public meetings.
The file(s) shall be in either portable drawing format (PDF) or tagged
image file format (TIFF) or a computer-aided drafting format determined
to be compatible with the Township's projection system software.
[Amended 6-14-2005 by Ord. No. 2005-08; 2-13-2007 by Ord. No. 2007-01]
(2) The applicant shall provide eight paper copies of
the plan to the Township Secretary during normal business hours.
[Added 1-10-2006 by Ord. No. 2006-01; amended 2-13-2007 by Ord. No. 2007-01]
B. The applicant or his representatives shall appear
as scheduled at the meeting to explain the plan and to discuss the
issues identified by the Planning Commission. The applicant should
be prepared to discuss significant issues, including, but not limited
to:
(1) Land use proposed (i.e., residential, commercial,
industrial).
(2) Density or intensity of proposal.
(3) Access to the subject site:
C. The Township Planning Commission may make 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.
(1) Recommendations regarding noncompliance with Township
ordinance requirements and/or planning policies must be implemented
by the applicant in the form of plan revisions.
(2) Recommendations and suggestions in the form of preferences
or alternatives should be seriously evaluated by the applicant prior
to further plan processing.
D. 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.
E. Applicants may present alternative preapplication
sketch plans at one meeting or may present alternatives at subsequent
meetings, provided that appropriate agenda time has been scheduled
in advance.
F. When the Township and applicant have resolved the
major concepts involved in the proposal, the applicant should proceed
to preliminary plan submission.
This section lists the information required to be provided on all preliminary land development plans and all preliminary major subdivision plans. For minor subdivision plans, refer to §
425-309, Minor subdivision plans, herein.
A. Drafting standards. Plans shall be professionally
prepared in compliance with the following:
(1) The plan shall be drawn to a standard engineering
scale not exceeding 100 feet to the inch.
(2) Sheet size shall be 15 inches by 18 inches, 18 inches
by 30 inches, or 24 inches by 36 inches, appropriately related to
the scale of the drawing.
(3) All sheets shall be the same size and be numbered
relative to the total number of sheets (i.e., 1 of 5, etc.).
(4) Where two or more sheets are needed to show the entire
tract, a reduced scale key plan shall be provided to show how the
sheets fit together.
(5) A reduced scale plan of the entire site at a scale
greater than 100 feet to the inch may be required in cases where it
would facilitate the review and approval process. Applicants are encouraged
to submit such plans in cases where they are not required.
(6) Plans shall be prepared in accordance with the act
of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Land
Surveyor and Geologist Registration Law," except that this requirement shall not preclude the preparation
of a plan in accordance with the act of January 24, 1966 (1965 P.L.
1527, No. 535), known as the "Landscape Architects' Registration Law,"
when it is appropriate to prepare the plan using professional services
as set forth in the definition of the "practice of landscape architecture"
under Section 2 of that act.
(a)
Tract boundary lines shall be the heaviest property
lines.
(b)
Proposed lot lines shall be the next heaviest.
(c)
Possible future lots, if shown, shall be the
lightest line weight, and may be shown as dashed lines.
B. Basic information. All preliminary plans shall show
the following basic information:
(1) The words "PRELIMINARY PLAN" in an obvious location
on any drawings or supplemental data.
(2) Name of the subdivision or land development.
(3) Name and address of applicant.
(4) Name and address of the firm that prepared the plan
and professional seal of the individual certifying its accuracy and
compliance with applicable standards.
(5) Date of preparation of the plan and a descriptive
list of revisions to the plan, and the revision dates.
(6) North point and written and graphic scale. Plans shall
be oriented so that north is to the top of the sheet.
(7) Location plan showing the relationship of the subject
tract to the surrounding road network and major physical features.
(8) The entire tract boundary with bearings and distances
and total tract acreage.
(9) A list of the basic dimensional and intensity requirements
of the applicable zoning district, compared to the applicant's proposal.
(10)
Zoning classification(s) of all lands abutting
the proposal.
(11)
Names of all current owners of immediately adjacent
lands.
(12)
A statement showing:
(a)
Number of acres under proposal
(b)
Number of lots and/or dwelling units, or gross
leasable area.
(13)
Description of variances or special exceptions
and the dates they were granted, if any.
(14)
Description of any deed restrictions or other
covenants affecting development of the tract.
(15)
The requirements of any other local ordinance
that may affect the proposal.
(16)
Legend sufficient to indicate clearly between
existing and proposed conditions.
(17)
Name and address of the owner of record.
(18)
Tax block and unit number of all parcels involved.
(19)
Deed book and page numbers for all parcels involved.
(20)
The Montgomery County Planning Commission plan
review file number, if known (e.g., 98-627), if the subject parcel
was part of a subdivision or land development processed within the
most recent ten-year period.
(21)
An empty block or space at least 3 1/2
inches wide by two inches tall for the Montgomery County Planning
Commission (MCPC) stamp and seal.
C. Existing features. Within the tract proposed for subdivision
and/or land development and within 100 feet of the tract boundaries,
the following information shall be shown on the preliminary plan:
(1) Streets bordering or crossing the tract, including:
(f)
Township (T), county (C), or state (SR) route
numbers.
(2) Sanitary sewage facilities, including:
(a)
On-lot sewage disposal systems, including a
statement from the Sewage Enforcement Officer that all existing on-lot
sewage disposal systems on the subject property are functioning properly.
(b)
Public or centralized systems, including:
[2]
Pipe sizes and materials;
(3) Storm sewers, including:
(b)
Pipe sizes and materials;
(e)
Inlets, catchbasins, and manholes; and
(4) Other existing stormwater and/or erosion control facilities,
including:
(e)
Related technical data for those facilities.
(5) Water supply facilities, including:
(a)
On-lot well locations, including the one-hundred-foot
radius clear zone separating wells from sewage disposal locations.
(b)
Public or centralized systems, including:
[1]
Central water supply lines;
[2]
Pipe sizes and materials; and
(6) Water-related features, including:
(b)
Wetlands, swamps or marshes; where wetlands
exist, a delineation shall be done by a qualified professional, and
a technical report shall be provided. A certification in the following
form shall be included on the plan:
|
Wetlands Certification
|
|
Wetlands were mapped by ____________________
on ________, 2__, and we certify as to their location shown on this
plan.
|
|
|
|
(Name)
|
Date
|
|
|
|
License No. ________________
|
(d)
Flood-prone or floodplain areas, including base
flood elevations from Flood Insurance Studies, supporting hydrologic
and hydraulic data for one-hundred-year flood limits, or Montgomery
County Soil Survey, when applicable, as determined appropriate by
the Township Engineer for the watercourse(s) affecting the site.
(e)
Riparian corridor boundaries in accordance with Article
XXIX of Chapter
500, Zoning.
(7) Existing vegetation, including:
(a)
Location, size, species and condition of trees
six inches in diameter or greater, when standing alone or in groups
of up to 10 trees.
(b)
Outer limits of groups of more than 10 trees,
woodlands and hedgerows and a general description of the types, sizes
and conditions of trees within these areas.
(c)
Locations and general boundaries of actively
farmed lands, pastures, old fields, and meadows, and a general description
of vegetation within these areas.
(8) Locations and limits of natural features that may
affect construction of proposed streets, buildings or other improvements,
including:
(9) Soil types, including:
(c)
Significant limitations, such as high-water
table or shallow bedrock.
(10)
Slope information, including:
(a)
Contours at a vertical interval of two feet,
accurately drawn from photogrammetric or on-site survey data.
(b)
Areas with slopes of 15% or greater, as determined
from the contours shown on the plan.
(11)
Other man-made features, including:
(a)
Location, size, character and configuration
of existing buildings, labeled "to remain" or "to be removed," as
applicable.
(b)
Location and description of existing buildings
and other structures less than 100 feet beyond the tract boundaries.
(c)
Location, type and ownership of utilities, both
above and below ground, with notes to describe:
[1]
Easement or right-of-way dimensions.
[2]
Additional setback or development restrictions
imposed by the utility company.
[3]
Specific type of product using pipelines.
(12)
Sight distance analysis for all streets and
driveways, in compliance with this chapter.
D. Proposed features. Within the tract proposed for subdivision
and/or land development, the proposed land use(s) and the following
information shall be shown on the preliminary plan:
(1) Subdivision and/or land development layout.
(a)
Proposed streets, alleys, driveways and parking
areas, including:
[1]
Names;
[Amended 6-14-2005 by Ord. No. 2005-08]
[2]
Right-of-way widths and lines;
[4]
Center-line courses, distances and curve data;
[7]
Street location tie-ins by courses and distances;
[8]
Capacity of parking areas;
[9]
Safe stopping sight distance at proposed intersections;
and
[10] Locations and types of traffic
control signs, street name signs, and pavement markings.
(b)
Layout and dimensions of all lots, including
the net lot area.
(c)
All building setback lines.
(d)
All parking setback lines, where applicable.
(e)
Proposed sidewalk or other walkway locations.
(f)
Proposed buildings, including:
[3]
Sizes (ground-level floor area, total floor
area, and height);
[4]
Total building coverage (square feet and percentage
of site);
[5]
Locations and types of accessory structures;
and
(g)
Common use areas, including:
[3]
Parking, driveway or road areas when privately
owned for common use.
[4]
Notes regarding offers of dedication or retention
in private ownership, as applicable.
(h)
Areas for future uses, including:
[2]
Stormwater management facilities; and
[3]
Where only a portion of a property is proposed as a currently active proposal, the preliminary plan shall include a sketch plan to show how the immediate proposal can fit logically into an overall plan for the entire site. This sketch plan shall conform to the standards of §
425-302, Preapplication sketch plan standards, herein, and include explanatory notes for use of the area(s) covered in the sketch plan.
(i)
Proposed landscaping, including:
[3]
Property line buffer areas;
[5]
Other landscape features such as mounding, berming,
and water features; and
[6]
Table listing types and quantities of all required
and proposed plant materials.
(j)
Proposed lighting, as specified in §
425-419, Lighting standards for all uses, subdivisions, and land developments.
(2) Grading, drainage, and utilities. The following information
for the facilities as proposed shall be shown on the preliminary plan:
(a)
Proposed contours for the entire site at the
contour interval of the plan.
(b)
Approximate limits of site disturbance, including
a clear delineation of existing vegetation, including trees, hedgerows,
wooded areas, scrub growth, meadow, and actively farmed land:
(c)
Stormwater management and erosion control and
sedimentation facilities, including:
[6]
Pipe sizes and materials;
[9]
Inlets, catchbasins, and manholes; and
[11] Design calculations for these
facilities shall be submitted in report form with a note on the plan
referencing the report.
(d)
Sanitary sewage facilities, including:
[1]
On-lot sewage disposal systems, including approved
on-site disposal locations.
[2]
Public or centralized systems, including:
[a] Sanitary sewer line locations,
clearly identified as gravity flow or force mains;
[b] Pipe sizes and materials;
[h] Package treatment plant locations.
(e)
Water supply facilities, including:
[1]
On-lot well locations, including the one-hundred-foot
radius clear zone separating wells from sewage disposal locations.
[2]
Public or centralized systems, including:
[a] Central water supply lines;
[b] Pipe sizes and materials; and
(f)
Finished floor elevations of proposed buildings.
(3) Horizontal plan, profiles, cross sections and structural
designs. The following shall be provided:
(a)
Horizontal plan. The horizontal plan shall show
details of the horizontal layout, as follows:
[1]
The beginning and end of proposed immediate
and future construction;
[2]
Stations corresponding to those shown on the
profiles;
[3]
The curb elevation at tangent points of horizontal
curves, at road or alley intersections, and at the projected intersections
of the curblines;
[4]
The location and size of sanitary sewers and
lateral connections and water mains, with distances between manholes,
gas, electric and other utility pipes or conduits, and of storm drains,
inlets and manholes;
[5]
The location, type and size of curbs and all
paving widths; and
[6]
The location of fire hydrants and streetlights.
(b)
Profiles. The profiles shall show details as
follows:
[1]
Profiles and elevations of the ground along
the center lines of proposed streets;
[2]
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;
[3]
Profiles of storm drains showing catch basins,
inlet, and manhole locations, swales, ditches, etc; and
(c)
Cross sections. The cross section for each classification
of street shall comply with the Township'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 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 locations, size and depths of sewers
and utilities; and
[7]
Proposed grading to the ultimate right-of-way
line.
(d)
Appurtenances. Preliminary design of any required
bridges, culverts or other structures and appurtenances.
(4) Construction details for improvements for the following:
(a)
Proposed streets, alleys, driveways, and parking
areas (public or private);
(b)
Sidewalks, curbs, and storm sewers;
(c)
Stormwater management facilities;
(d)
Utilities, including sewer and water facilities
in compliance with specifications of the Upper Hanover Authority;
(f)
Other improvements when requested by the Township
Engineer; and
(g)
Alternate sewage disposal systems.
(5) Pennsylvania One Call System (POCS). Plans shall contain
a note, consistent with the requirements of Pennsylvania Act 287 of
1974, as amended by Act 187 of 1996 (73 P.S. § 176 et seq.),
containing the POCS toll-free telephone number, logo, and provision
for the POCS serial number.
(6) Applicants should review the additional final plan requirements of §
425-306A,
B,
C and
D and make provisions on the plan for the required additional certification blocks and notes.
The procedure contained in this section shall
regulate the submission and review of all preliminary plans for major
and minor subdivisions and all land developments.
A. Eight paper copies of the preliminary plan shall be
submitted in person by the applicant or applicant's agent, to the
Township Secretary, during normal Township business hours. Plans submitted
to any other official or agent of the Township shall not be considered
as properly submitted for review.
[Amended 6-14-2005 by Ord. No. 2005-08; 1-10-2006 by Ord. No. 2006-01; 2-13-2007 by Ord. No. 2007-01]
B. Preliminary plans must be accompanied by:
(1) Township filing fee and escrows.
(2) Montgomery County Planning Commission review fee.
(3) Completed Township application and administrative forms, including the §
425-304 plan requirements checklist for all land developments and all major subdivisions.
(4) Written request for waivers in compliance with §
425-106 herein, when sought by the applicant. Additional waiver requests may be submitted during the review process.
(5) Fifteen copies of an electronic version of the plan
on compact disc (CD) at the time of original plan filing and at the
time of submittal of all revisions. The CDs shall be labeled, including
the title of the subdivision, the plan's original date, and the plan's
last revised date, when applicable. The CDs shall contain file(s)
of the proposed subdivision or land development plan for use with
the Township projector system during public meetings. The file(s)
shall be in either Portable Drawing Format (PDF) or Tagged Image File
Format (TIFF) or a computer-aided drafting format determined to be
compatible with the Township's projector system software. The file(s)
shall show the proposed plan in sufficient detail to enable viewers
to understand what the proposal entails.
[Added 6-14-2005 by Ord. No. 2005-08; amended 2-13-2007 by Ord. No. 2007-01]
C. The Township Secretary or Assistant Secretary will
conduct a cursory review of the application, administrative forms,
fees, escrows and preliminary plans to ensure that the submission
appears to be complete and will then stamp the plans with the application
date (the date the application was filed).
D. The Township Secretary shall distribute copies of
the plan to the following for review and recommendations:
(1) Township Planning Commission.
(4) Montgomery County Planning Commission, along with
the required review fee and request for review.
(5) Township Solicitor, other Township boards or officials,
sewer and/or water authorities, and/or other technical consultants,
as needed.
(6) Township
Fire Marshal.
[Added 6-9-2009 by Ord. No. 2009-05]
E. The application for approval of the preliminary plan
shall be placed on the agenda of the regular business meeting of the
Township Planning Commission next following the application date.
Applications submitted on the day of a regular meeting of the Township
Planning Commission shall be placed on the agenda of the next month's
regular meeting of the Township Planning Commission.
F. The Township Planning Commission shall communicate
its recommendations to the Board of Supervisors upon completion of
its review of the preliminary plan. Its review shall include consideration
of the timely recommendations of the Township Engineer, Montgomery
County Planning Commission, and other technical advisors, when requested.
G. The Board of Supervisors shall have a ninety-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-day time period shall be measured either
from the date of the next regularly scheduled Township Planning Commission
meeting following the application date or from the date of entry of
a final court order remanding an application to the Township.
(2) If the next regular meeting of the Township Planning
Commission following the application date occurs more than 30 days
following the application date, then the ninety-day time period shall
be measured from the 30th day following the application date.
(3) If an applicant grants, in writing, an extension of
the ninety-day time period, 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.
H. The Board of Supervisors shall consider the preliminary
plan application at one or more of its public meetings during the
ninety-day time period and/or extension thereof, if applicable, and
shall render a decision on the plan following receipt of the recommendations
of the Township Planning Commission, Township Engineer, Montgomery
County Planning Commission, and/or other technical advisors, as requested.
Provided that, in accordance with the Pennsylvania Municipalities
Planning Code, the Board of Supervisors shall not approve an application
until the Montgomery County Planning Commission's report of its recommendations
is received or until the expiration of 30 days from the date the application
was forwarded to the County. In accordance with the policies of the
Montgomery County Planning Commission, the date the application was
forwarded to the County shall be considered to be:
(1) The date noted on the Township's request for review;
or
(2) Two days prior to the County's receipt of the request
if no date is noted on the request; except that, in no instance will
the date be earlier than five days prior to the County's receipt of
the request.
I. Procedure following the Board of Supervisors' decision.
When the Board of Supervisors makes a decision on a preliminary plan,
one of the following procedures will be followed, depending on the
type of decision:
(1) Denial. If the Board denies approval of a preliminary
plan in terms as filed by the applicant, then the written notification
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.
(2) Approval. If the Board approves a preliminary plan,
in terms as filed by the applicant, then the Township Secretary will
so certify thereon, and two copies of the approved plan will be forwarded
to the applicant. The applicant shall then submit two paper copies
of the approved plan for Township seal and signature.
(3) Approval subject to conditions.
(a)
If the Board approves a preliminary plan subject
to specific conditions, the applicant shall accept those conditions
in writing; otherwise the plan shall be denied approval. Therefore,
the written notification to the applicant shall:
[1]
Specify the conditions of approval and request
the applicant's written agreement to the conditions.
[2]
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 that have not
been met; and cite the provisions of the statute or ordinance relied
upon for denial of the plan.
[3]
State that the plan approval shall be rescinded
automatically upon the applicant's failure to accept or reject the
conditions within 30 days following the decision by the Board of Supervisors
to grant conditional approval.
(b)
Following submission of written agreement to
the conditions specified by the Board, the applicant shall submit
two paper copies of the preliminary plan which show compliance with
the conditions by plan revision or notation for Township seal and
signatures.
(4) Written notification of the Board of Supervisors'
decision shall be communicated to the applicant personally or be mailed
to the applicant's last known address not later than 15 days following
the decision.
J. Effective period of approval. Approval will be effective
indefinitely from the date of preliminary plan approval. Changes to
ordinances may affect plan approvals after five years from the date
of preliminary plan approval, except as follows:
(1) No subsequent change or amendment in the zoning, subdivision
or other governing ordinance or plan shall be applied to affect adversely
the right of the applicant to commence and to complete any aspect
of the approved development in accordance with the terms of approval
within that five-year period.
(a)
Such five-year period shall be extended for
the duration of any sewer or utility moratoria or prohibitions imposed
after the filing of the application for preliminary approval. No extension
shall be based upon a water or sewer moratorium in effect when a preliminary
application is filed.
(b)
Such five-year period shall be extended for
the duration of any litigation, including appeals, which prevent the
commencement or completion of the development. The five-year period
shall be extended by the total time from the date the appeal was filed
until a final order is entered and all appeals have been exhausted
and are final and any period for filing appeals or requests for reconsideration
have expired.
(2) In the case where preliminary and final plan approval
are concurrent, the five-year period shall be measured from the date
of that concurrent approval.
(3) In 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.
(a)
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.
(b)
Any modification in the aforesaid schedule shall
be subject to approval of the Board of Supervisors, in its discretion.
(c)
Each section in any residential subdivision
or land development, except for the last section, shall contain a
minimum of 25% of the total number of dwelling units as shown on the
preliminary plan, unless a lesser percentage is approved by the Board
of Supervisors, in its discretion.
(d)
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, the protections of §
425-305J shall also apply to each subsequent section for an additional term of three years from the date of final plan approval of each section.
Final plans for all major subdivisions and/or
all land developments shall consist of two basic parts, the improvements
construction plan and the record plan, and shall comply with the requirements
of this section.
A. Improvements construction plan.
(1) Drafting standards. The same standards shall be required
for an improvements construction plan as for a preliminary plan, except
that the horizontal scale of the plan and profile shall not exceed
50 feet to the inch and the vertical scale of the plan shall be two,
four or five 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
streets, or any portion thereof, including all appurtenances, sewers
and utilities, as shown on the approved preliminary plan. This 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
and future construction;
[3]
Stations corresponding to those shown on the
profiles;
[4]
The curb elevation at tangent points of 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 and water mains, with distances between manholes,
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; and
[7]
The location of fire hydrants and streetlights.
(b)
Profiles. The profiles shall show details as
follows:
[1]
Profiles and elevations of the ground along
the center lines of proposed streets.
[2]
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.
[3]
Profiles of storm drains showing catch basins,
inlet, and manhole locations, swales, ditches, etc.
(c)
Cross sections. The cross section for each classification
of street shall comply with the Township'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 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 locations, size and depths of sewers
and utilities.
[7]
Proposed grading to the ultimate right-of-way
line.
(d)
Appurtenances. Final design of any required
bridges, culverts, or other structures and appurtenances.
B. Additional information. The following additional information
shall be submitted with the final plan:
(1) All required local, state and federal permits, including
Montgomery County, Pennsylvania Department of Transportation (PennDOT),
or Township permits, Pennsylvania Department of Environmental Protection
(PA DEP) permits for wetlands, drainage, stream alteration, 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 Township 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) Certification of inspection and satisfactory functioning
of any on-lot sewage disposal system that will remain in use, in accord
with current industry and PA DEP standards.
(5) The applicant shall provide any permit, design or
other necessary documentation to demonstrate that access to the proposed
lots and/or development is assured.
(6) A letter of adequacy from the Montgomery County Conservation
District for the erosion and sedimentation control plan.
C. 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 to be legible if the plan
is reduced to half size.
(2) Information to be shown. The plan, which shall include
all portions of an approved preliminary plan, shall also show:
(a)
The words "FINAL PLAN" in an obvious location
on any drawings or supplemental data.
(b)
Basic information, as required for a preliminary
plan, § 425-30B.
(c)
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 5,000.
(d)
Names or identification of the following:
[2]
All dimensional and technical descriptions of
roads;
[5]
Open space, recreation, and/or other common
use areas;
[6]
Other public improvements; and
[7]
For land development plans, all additional information
pertinent to the location and construction of site improvements, including
buildings, walks, parking, driveways, etc.
(e)
All lots deeded to the ultimate right-of-way
so that the applicant may draw a single deed to the appropriate body
having jurisdiction for the dedication of streets.
(f)
Evidence that the plans are in conformance with
the Zoning Ordinance and other applicable Township ordinances and
regulations. In any instance where such plans do not conform, evidence
shall be presented that an exception, waiver or variance has been
officially authorized.
(g)
The location, material and size of all existing
and proposed monuments with reference to them.
(h)
Building setback lines with distances from the
ultimate right-of-way line and property lines.
(i)
The Montgomery County Planning Commission plan
review file number (e.g., 98-627).
D. Certifications. When approved, the record plan must
show:
(1) The signature and seal of the registered engineer
and/or surveyor certifying that the plan represents his or her work;
that the monuments shown thereon exist as located; and that the dimensional
and geodetic details are correct.
(2) The signature of the applicant certifying his or her
adoption of the plan.
(3) The signatures of the Township Planning Commission
Chairperson and Vice Chairperson, and signatures of the Chairman of
the Board of Supervisors and Township Secretary, certifying that the
Board of Supervisors approved the final plan on the date shown.
(4) The signature of the Township Engineer.
(5) A blank space for the stamp and seal of the Montgomery
County Planning Commission, located along the right-hand edge of the
plan, at least three inches high by four inches wide.
(6) The Montgomery County Planning Commission review file
number (e.g., 98-627). (Note: Sample certifications are found in Appendix
D herein.)
E. Electronic submittal. One copy of the approved record
plan shall be submitted to the Township in PDF, TIFF, or other format
which may be compatible with the Township's system. The plan shall
be submitted on CD. The CD shall be labeled, including the title of
the subdivision, the plan's original date, and the plan's last revised
date, when applicable.
[Amended 6-14-2005 by Ord. No. 2005-08; 1-10-2006 by Ord. No. 2006-01]
Final plans shall be submitted and reviewed
in accordance with the procedure contained in this section.
A. Final plans with previous preliminary plan approval.
The Board of Supervisors shall approve a final plan for an application
that has been previously granted preliminary plan approval when it
is assured that:
(1) The final plan conforms to the approved preliminary
plan.
(2) All engineering and other technical details have been
resolved to the satisfaction of the Township Engineer, as evidenced
by a letter from the Township Engineer, and to the satisfaction of
other technical advisors, when requested by the Board of Supervisors.
(3) The Township Planning Commission has recommended approval
of the final plan.
(4) All financial security and legal agreements have been
found satisfactory by the Board of Supervisors, under the review and
advice of the Township Solicitor, all security has been posted, and
all agreements have been executed.
(a)
When requested by the developer in order to
facilitate financing, the Board of Supervisors 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 nor recorded
until the financial improvements agreement is executed.
(c)
The resolution of contingent approval shall
expire and be deemed to be revoked if the financial security agreement
is not executed within 90 days unless the Supervisors grant a written
extension.
(5) The plan complies in all respects with applicable
Township ordinances or that appropriate variances or waivers have
been granted for features that do not comply.
B. Final plans without previous preliminary plan approval.
Approval of a final plan for an application that has not been previously
granted preliminary plan approval may be granted concurrent with preliminary
and final plan approvals, in compliance with the following:
(1) The final plan for major subdivisions and for land developments complies with both the preliminary and final plan submission requirements, §§
425-304 and
425-306 herein.
(2) The final plan for minor subdivisions complies with §
425-309, Minor subdivision plans, herein.
(3) The final plan is submitted and processed in compliance with §
425-305, Preliminary plan procedure.
C. Processing steps for applications with previous preliminary
approval.
(1) Eight paper copies of the final plan shall be submitted
in person by the applicant or applicant's agent to the office of the
Township Secretary during normal Township business hours. Plans submitted
to any other official or agent of the Township shall not be considered
as properly submitted for review. The Township's required administrative
forms, fees and escrows shall accompany final plans, where applicable.
[Amended 6-14-2005 by Ord. No. 2005-08; 1-10-2006 by Ord. No. 2006-01; 2-13-2007 by Ord. No. 2007-01]
(a)
The applicant shall provide 15 copies of an
electronic version of the plan on compact disc (CD) at the time of
original plan filing and at the time of submittal of all revisions.
The CDs shall be labeled, including the title of the subdivision,
the plan's original date, and the plan's last revised date, when applicable.
The CDs shall contain file(s) of the proposed subdivision or land
development plan for use with the Township projector system during
public meetings. The file(s) shall be in either Portable Drawing Format
(PDF) or Tagged Image File Format (TIFF) or a computer-aided drafting
format determined to be compatible with the Township's projector system.
The file(s) shall show the proposed plan in sufficient detail to enable
viewers to understand what the proposal entails.
(2) The application date will be stamped on the plan,
and the application for final plan approval shall be placed on the
agenda of the regular meeting of the Planning Commission next following
the following the application date.
(3) The Board of Supervisors shall have a ninety-day time
period to act on the plan unless the applicant has agreed in writing
to an extension of the time period. The ninety-day time period shall
be measured either from the date of the next regularly scheduled Township
Planning Commission meeting following the plan submission date or
from the date of entry of a final court order remanding an application
to the Township.
(4) Copies of the plan will be distributed to the following:
(a)
Township Engineer, Solicitor, Zoning Officer
and Planning Commission.
(b)
Other Township boards or officials, sewer and/or
water authorities, and/or other technical advisors as needed.
(c) Township Fire Marshal.
[Added 6-9-2009 by Ord. No. 2009-05]
(5) The Board of Supervisors shall consider the final
plan at one or more of its public meetings during the allocated ninety-day
time period.
(6) The Board of Supervisors shall grant final plan approval in compliance with §
425-307A, above.
D. When the final plan is approved, the applicant shall
present paper and Mylar copies of the plan to be signed by the Chairperson
and Vice Chairperson of the Planning Commission, the Chairperson of
the Board of Supervisors, the Township Secretary, and the Township
Engineer, together with the date of the approval and official Township
seal.
Within 90 days following final plan approval
or 90 days after the date of delivery of the approved plan signed
by the Township following the completion of conditions imposed to
obtain approval, whichever is later, the Township shall record the
final plan in the office of the Recorder of Deeds of Montgomery County.
A. In accordance with the Pennsylvania Municipalities
Planning Code, whenever a municipality requires final plan approval,
the Recorder of Deeds shall not accept any plan for recording unless
it contains the official approval of the municipality's governing
body and certification of review by the County Planning Commission.
B. Prior to recording, the municipality-approved plan
should be presented to the Montgomery County Planning Commission (MCPC)
for its stamp and seal, with one paper copy made available to the
County Planning Commission for its files. The plan review file number
(e.g., 98-627-2) should be noted in the box provided for certification
by the County Planning Commission.
Minor subdivision plans, as defined in this
chapter, shall be submitted and processed in accordance with the standards
and requirements in this section. Minor subdivisions shall include
lot line adjustments, simple conveyances, and subdivisions that would
create two or three lots from one existing parcel.
A. Minor subdivision plan requirements.
(1) Drafting standards.
(a)
The plan shall be professionally drawn to a
standard engineering scale not exceeding 100 feet to the inch.
(b)
Sheet size shall be 15 inches by 18 inches,
18 inches by 30 inches, or 24 inches by 36 inches, appropriately related
to the scale of the drawing.
(c)
Property lines shall be drawn and labeled in
conformance with accepted surveying and civil engineering practices,
including dimensions shown in feet and decimals, and bearings shown
in degrees, minutes and seconds.
(2) Basic information to be shown on the plan.
(a)
The words "MINOR PLAN" in an obvious location
on any drawings or supplemental data.
(b)
Name and address of the applicant.
(c)
Name and address of any other property owner
involved in the proposal.
(d)
Name and address and professional seal of the
individual that prepared the plan.
(e)
Date of preparation of the plan and a descriptive
list of revisions to the plan, and the revision dates.
(f)
North point and written and graphic scale. The
plan shall be oriented so that north is at the top of the sheet.
(g)
Location plan showing the relationship of the
subject tract to the surrounding road network and major physical features.
(h)
The entire boundary lines of all lots involved
in the proposal, with bearings and distances and lot areas.
(i)
A list of the basic dimensional requirements
of the applicable zoning district.
(j)
Legend sufficient to indicate clearly between
existing and proposed conditions.
(k)
Notes sufficient to describe what is being proposed
and which land areas are to be transferred as a result of the proposal.
(l)
Parcel identification number or block and unit
number of all involved parcels, from Montgomery County Board of Assessment
Data.
(m)
The Montgomery County Planning Commission plan
review file number, if known (e.g., 98-627), if the subject parcel
was part of a subdivision processed within the most recent ten-year
period.
(3) Additional information to be submitted with minor
plans. Before the Township grants plan approval, the applicant shall
submit the following information for all minor plans, where applicable:
(a)
Department of Environmental Protection (PA DEP)
planning module or exemption.
(b)
Any required state, local or federal permit(s),
including, but not limited to: PennDOT highway occupancy permit, PA
DEP permits for drainage, stream alteration, stream crossing, dams,
erosion and sediment control, air pollution, and/or sewage disposal.
(c)
Where an erosion and sedimentation pollution
control plan is required, a favorable review letter from the Montgomery
County Conservation District.
(d)
Where requested by the Township, the applicant
shall provide any permit, design or other necessary documentation
to demonstrate that access to the proposed lots is assured.
(4) Existing and proposed features to be shown on the
plan.
(a)
For all minor plans.
[1]
Existing features.
[a] Streets bordering or crossing the
tract, showing names, right-of-way and cartway widths, and surface
conditions.
[b] Locations of sanitary and/or storm
sewer lines and water supply lines in close proximity to the site.
[c] Locations of any natural or man-made
features within the property and up to 100 feet beyond the tract boundaries
that may affect the developability or usefulness of the land, including
the following:
[i] All watercourses, wetlands, and
limits of flood-prone areas based on FEMA studies or engineering determination;
[ii] Riparian corridor boundaries in accordance with Article
XXIX of Chapter
500, Zoning;
[iii] On-lot sewage disposal systems
and wells;
[iv] Contours obtained from USGS maps
or more accurate methods;
[v] Location and description of existing
buildings, other structures and driveways, labeled "to remain" or
"to be removed," as applicable;
[vi] Outer limits of tree masses;
[vii] Rock outcroppings, quarries,
ravines and/or sinkholes; and
[viii] Soil types, including names,
mapped limits, and significant limitations, such as high-water table
or shallow bedrock.
[d] Location, type and ownership of
major utilities, such as pipelines and electric transmission lines,
both above and below ground, with notes describing:
[i] Easement or right-of-way dimensions;
[ii] Additional setback or development
restrictions imposed by the utility company; and
[iii] Specific type of product using
pipelines.
[e] Areas subject to deed restrictions
or easements.
[2]
Proposed features:
[a] Layout and dimensions of all lots,
including net lot areas.
[b] All building setback lines.
[c] Locations of on-site water supply
and sewage disposal, if applicable.
[d] Driveway locations and grades.
(b)
Additional information for specific types of
plans.
[1]
For lot line adjustments:
[a] The lot line proposed to be adjusted
as it currently exists, shown as a dashed line, labeled "lot line
to be removed;"
[b] The lot line as it is proposed
to be after adjustment, drawn using the standard lot line delineation
at a heavier line weight than the other lot lines and labeled "proposed
new lot line;"
[c] Any existing physical features
of the site that are involved in the decision to adjust the line;
and
[d] Any existing and/or proposed features
that will be directly affected by the lot line adjustment, including
lot width and building setbacks.
[e] The plan shall, in the certificate
of ownership, include the signatures of both property owners involved
in the land exchange.
[2]
For simple conveyances:
[a] The land area to be conveyed, drawn
in a manner that makes it easily noticeable.
[i] The lot lines defining this area
shall be drawn using the standard lot line delineation at a heavier
line weight than the other lot lines.
[ii] This area shall be labeled "this
area to be conveyed to (name)."
[b] The area of the parcel being conveyed.
This area need not satisfy the dimensional requirements for lotting
in the district in which it is located, nor the street frontage requirements
of the Zoning Ordinance, provided that it shall be deed restricted
or otherwise guaranteed that it may not be transferred independent
of the lot to which it is being functionally added by the process
of simple conveyance.
[c] The areas of the existing lots
and the lot areas following conveyance.
[d] Any existing and/or proposed site
features which will be directly affected by the conveyance.
[e] The plan shall, in the certificate
of ownership, include the signatures of both property owners involved
in the land exchange.
[3]
For minor subdivision plans proposing one or
more new lots:
[a] Erosion control plan or, if single-family
detached dwelling lots, a note on the plan designating responsibility
for an erosion control plan to the lot owner.
[b] A statement from the Sewage Enforcement
Officer that all existing on-lot sewage disposal systems are functioning
properly.
B. Minor subdivision plan submission and review procedure.
(1) All minor subdivision plans shall be considered to be preliminary plans for submission and review purposes and shall comply with the requirements of §
425-305, Preliminary plan procedure. Minor subdivision plans shall comply with §
425-309A, Minor subdivision plan requirements, and are not required to comply with §
425-304, Preliminary plan requirements, herein.
(2) When a minor plan qualifies for approval or for approval subject to conditions in accordance with §
425-305I herein, the minor plan may be granted concurrent preliminary and final plan approvals, provided that the plan includes the final plan certifications required by §
425-306D herein and complies with §
425-307A(2),
(3),
(4), and
(5) herein. An electronic copy shall be submitted to the Township Engineer, as provided for in §
425-306E.
[Amended 11-12-2019 by Ord. No. 2019-10]
(3) A minor plan is not required to include an improvements construction plan or a record plan, as required by §
425-306A and
C herein.
(4) A minor plan that will require access to a state highway shall provide the "highway access" statement on the plan, as required by §
425-306B(2)(b) herein.
C. Recording of lot annexation. Documents relating to
plans involving lot annexations shall be submitted and recorded as
follows:
(1) By the time the plan is submitted to the Township
Supervisors the landowner shall submit to the Township Supervisors
for review a copy of the proposed deed for the parcel being annexed,
which deed shall include:
(b)
The recording information and how the parcel
is identified on the plan; and
(c)
Statements that the conveyance is for annexation
purposes only and that the parcel is not a separate building lot.
(2) The parcel to be annexed shall be joined in a common
deed with the parcel that it is being annexed to.
D. Disqualification. The Board of Supervisors may require preliminary plan submission in compliance with §
425-304 herein in place of a minor subdivision plan submission when conditions warrant it, at the advice of the Township Planning Commission or Engineer, for reasons that may include the following:
(1) If the existing lot was part of an approved subdivision
proposal during the five years previous to the current application.
(2) If the subdivision will require new road construction,
road improvements, or the extension of existing utility lines.
(3) If the proposal will involve significant stormwater
and/or erosion control issues, as determined by the Township Engineer.
(4) If the set of plans requires more than three sheets
(drawings).