A.
The scale and sheet size of the sketch plan shall be as required in § 154-19A for preliminary plans. The sketch plan shall contain at least the following data, legibly drawn to scale:
(1)
Name and address of the subdivider and the record
owner.
(2)
Name of the subdivision or land development, the date
of the plan and plan status.
(3)
Tract boundaries, accurately labeled and a statement
of the total acreage of the tract.
(4)
North point and graphic and written scales.
(5)
The name of the person or firm responsible for the
design of the subdivision or land development.
(6)
The names of owners of adjoining properties and the
names of adjoining subdivisions and land developments.
(7)
A location map, drawn to a scale of one inch equals
800 feet, with sufficient information to enable the Township Planning
Commission to locate the property being subdivided. This map shall
also show all existing roads within or adjacent to the tract, proposed
roads within the subdivision or land development and proposed roads
within adjacent recorded subdivisions or land developments.
(8)
Significant topographical and physical features (i.e.,
water bodies, quarries, floodplains, tree masses, railroad tracks,
existing buildings, existing water supply and sewage disposal systems,
etc.) on the tract.
(9)
Proposed general street and lot layout. When apartments
and/or townhouses are proposed, the general building, street, recreation
and parking layout shall be shown. When commercial or industrial buildings
are proposed, the general building, street, parking and loading layout
shall be shown. Proposed street cartway and right-of-way widths shall
be indicated.
(10)
A statement telling what methods of water supply
and sewage disposal will be used.
(11)
A statement telling the proposed use of each
lot, parcel and building indicated on the plan and approximate lot
sizes.
(12)
Soils types throughout the tract.
(13)
Name of municipality subdivision is located
in.
(14)
Where a sketch plan shows the proposed subdivision
of only a part of the subdivider's total property, the plan shall
be accompanied by a plan of the proposed street system for the remainder
of the property so that the street system in the submitted portion
can be considered in relation to future connections with the unsubmitted
portion. In the case of extremely large properties, the Township Planning
Commission may delimit the area for which a prospective street system
on adjacent property must be shown. The subdivider shall also include
a statement indicating proposed future land use for the unsubmitted
portion of his property.
(15)
Contour lines at intervals of no more than 10
feet taken from U.S.G.S. maps, aerial survey or field survey with
source of datum.
(16)
Existing rights-of-way, easements and utilities
on or adjacent to the tract.
(17)
Zoning district lines within the property and
zoning district designations and area, yard and height requirements
applicable to the property.
B.
In the case of a sketch plan for record, the following
additional information shall be shown:
(1)
A signed and notarized Certification of Ownership
and Acknowledgment of Plan.
(2)
Certificates for approval by the Township Planning
Commission and Township Supervisors.
(3)
The seal of the surveyor or engineer responsible for
the plan.
(4)
Precise bearings and distances for all parcels to
be conveyed (which shall be field surveyed).
(5)
Base flood elevations for the one-hundred-year storm.
(6)
Building setback lines and all proposed structures.
(7)
Existing street cartway and right-of-way lines and
widths for streets within and adjacent to the tract.
(8)
An erosion and sediment control plan, which shall
be reviewed by the County Conservation District and approved by the
Township Supervisors. The Township may permit, at its discretion,
a statement that individual lot purchasers will be responsible for
the preparation of erosion and sediment control plans prior to any
earthmoving activities.
(9)
If the subdivision proposes a new driveway intersection
with a state route, a copy of the highway occupancy permit for such
intersection. Any conditions listed in a permit shall be noted on
the plan. In lieu of a permit for a driveway intersection, the Township
Supervisors may permit the following note to be placed on the plan:
(a)
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,"[1] before a driveway access to a state highway is permitted.
Access to the state highway shall only be as authorized by a highway
occupancy permit.
[1]
Editor's Note: See 36 P.S. § 670-101
et seq.
(b)
The approval of this subdivision/land development
plan shall in no way imply that a state highway permit can be acquired
or that this municipality will support, encourage or not oppose the
granting of such a permit. It is possible that access to the property
from a state highway will not be permitted by the commonwealth and
the property therefore cannot be used for the purpose intended by
any purchaser. Purchasers are accordingly warned and should govern
themselves accordingly, acquiring state and local highway occupancy
permits before purchasing any premises.
(10)
The source of title to the land.
(11)
A blank space measuring 3 1/2 inches by
5 1/2 inches shall be left, preferably adjacent to the Township
certification, in which the appropriate stamp of the County Planning
Commission may be applied.
(12)
A blank space measuring three inches square
shall be left along the lower edge of the sheet, in order that the
Recorder of Deeds may acknowledge receipt and recording of the plan
when it is presented.
C.
In the case of a sketch plan for record, the following
supplementary items shall be submitted:
[Added 1-2-2007 by Ord. No. 234-2007]
(1)
All information necessary to determine compliance
with the Township Zoning Ordinance, such as but not limited to:
(a)
A historic resource impact study conducted pursuant to § 184-177.3 of the Bern Township Code of Ordinances;
(b)
A protected area analysis conducted pursuant to § 184-175 of the Bern Township Code of Ordinances;
A.
The preliminary plan shall be clearly and legibly
drawn to a scale of one inch equals 50 feet with all dimensions shown
in feet and hundredths of a foot, except that:
(1)
If the avenge size of the proposed lots is one acre
or larger, the plan may be drawn to a scale of one inch equals 100
feet.
(2)
If the subdivision or land development contains more
than 50 acres, the plan may be drawn to a scale of one inch equals
100 feet.
(3)
If the subdivision proposes lots with an average frontage
of less than 50 feet or in the case of a land development, the plan
may be drawn to a scale of one inch equals 20 feet.
(4)
If the subdivision contains more than 200 acres, the
plan may be drawn to a scale of one inch equals 200 feet.
(5)
The original drawing and all submitted prints thereof
shall be made on a sheet size up to and including a sheet size of
36 inches by 48 inches.
B.
If the preliminary plan requires more than one sheet,
a key diagram showing the relative location of all the sheets shall
be drawn on each sheet. In addition, a match line shall be drawn on
each sheet and the subdivider shall indicate along each match line
what sheet is adjoined at that match line. A plan index, listing the
title of each plan included in the submission, shall be included on
the plans intended for eventual recording.
C.
The preliminary plan shall show:
(1)
Name of the proposed subdivision or land development,
the name of the Township and plan status.
(2)
North point, graphic scale, written scale and date,
including the month, day and year that the original drawing was completed
and in the case of revised drawings, the month, day and year that
the original drawing was revised and a description of each revision.
(3)
Name and address of the record owner and the subdivider
and the source of title to the tract.
(4)
Name, address and seal of registered engineer or surveyor
responsible for the plan.
(5)
The names of any abutting subdivisions and land developments
and the book and page numbers where any abutting subdivisions and
land developments are recorded and the names of the owners of any
adjacent unplatted land and the book and page numbers where any adjacent
unplatted land is recorded.
(6)
A location map for the purpose of locating the property
being subdivided or developed, drawn at a scale of one inch equals
800 feet, showing the relation of the property, differentiated by
tone or pattern, to adjoining property and to all roads, municipal
boundaries, recorded subdivision and land development plans and recorded
but unconstructed streets within 1,000 feet of the subdivision or
land development. A scale, North point and the proposed street system
within the subdivision or land development shall be shown.
(7)
Total tract boundaries of the property being subdivided,
showing bearings and distances and a statement of the total acreage
of the property.
(8)
Zoning district lines within the property and zoning
district designations and area, yard and height requirements applicable
to the property.
(9)
Contour lines at vertical intervals of not more than
two feet for land with average natural slope of 4% or less and at
intervals of not more than five feet for land with average natural
slope exceeding 4%.
(10)
Location and elevation of the datum to which
contour elevations refer. Datum used shall be a known, established
bench mark where practical.
(11)
All existing buildings, sewer lines, water lines,
on-site sewage disposal and water supply, fire hydrants, utility lines,
storm drainage facilities, bridges, railroad tracks and other significant
man-made features within the proposed subdivision or land development
and within 50 feet from the boundaries of the proposed subdivision
or land development.
(12)
All existing soils types, soils characteristics
for detention and retention pond areas, natural drainage channels,
water bodies and courses, tree masses, quarries, rock outcroppings,
wetlands, significant specimen trees and other significant natural
features within the proposed subdivision or land development.
(a)
One-hundred-year floodplains, including delineation
of floodway and flood fringe, established by study of FEMA, with base
flood elevations for the one-hundred-year storm. For those watercourses
for which studies have not been performed by FEMA, calculated one-hundred-year
floodplains shall be established by the developer in accordance with
Appendix IV of this chapter. When a subdivision or land development
contains a floodplain, the elevation of roads, building sites, fills,
flood and erosion protection facilities and public utilities included
within the floodplain and within 100 feet of the floodplain shall
be given. In the case of a proposed revision of a FEMA-mapped floodplain,
approval of such revisions from FEMA shall be submitted.
(13)
All existing streets and streets of record (recorded
but not constructed) on or abutting the tract, including names, right-of-way
widths, cartway (pavement) widths and approximate grades.
(14)
All existing easements and rights-of-way and
the purposes for which the easements or rights-of-way have been established.
(15)
The full plan of proposed development including:
(a)
For all proposed streets, their location, suggested
name, right-of-way and cartway widths, a statement of any conditions
governing their use and suggested type (i.e., collector). The designation
of minor, collector and arterial streets is subject to the approval
of the Township. Streets to be dedicated shall be indicated. For streets
which will not be dedicated, the arrangements to be made for the ownership
and maintenance of those streets shall be given.
(b)
Location, width and purpose of all easements
and rights-of-way, including letters of approval from the appropriate
utility.
(c)
Building setback lines along each street and
lot line and the proposed placement of each apartment building, townhouse
and nonresidential building, when proposed. For each apartment building
the number of dwelling units shall be indicated.
(d)
Lot lines, with approximate dimensions, lot
numbers, a statement of the total number of lots and parcels and approximate
lot areas.
(e)
The location, size and intended use of all nonresidential
lots and parcels.
(f)
The location of all common parking areas and
access drives to the parking areas, the size and number of parking
stalls, width of aisles and access drives and tentative grades of
parking areas and access drives. The location, number and dimensions
of off-street loading areas shall also be indicated.
(g)
Water mains, sanitary sewers, storm sewers and
other drainage facilities with the size, material and grade of each
and any proposed connections with existing facilities. Cross-sections
shall be provided for all drainage swales.
(h)
Location, size and expected use of all parks,
playgrounds and recreation areas. Areas to be dedicated to the Township
shall be noted. Areas to be reserved for public use, but not to be
dedicated, shall be noted and any conditions governing such areas
and the arrangements to be made for the administration and maintenance
of these areas shall also be noted.
(i)
Provisions for pedestrian and other nonvehicular
circulation throughout the tract, when provided by means other than
sidewalks.
D.
The preliminary plan shall be accompanied by the following
supplementary data as applicable:
(1)
Typical street cross section drawing(s) of each proposed
street, including construction details of streets, shoulders, curbs
and sidewalks and cross slopes of streets, shoulders, sidewalks and
planting strips.
(2)
Profile drawings for existing and proposed site improvements,
including but not limited to street center lines, sanitary sewers,
storm drainage systems and other improvements requiring grade, elevation
and profile documentation. Such profiles shall show existing and finished
grades at one of the following sets of scales or any combination thereof.
Station numbers; length of vertical curves; existing and proposed
sanitary sewer mains and manholes with top and invert elevation data;
existing and proposed storm sewer mains, inlets, manholes and culverts
with top and invert elevation data; and existing and proposed water
mains where they cross other utilities shall be indicated.
(a)
One inch equals 10 feet horizontal and one inch
equals one foot vertical; or
(b)
One inch equals 20 feet horizontal and one inch
equals two feet vertical; or
(c)
One inch equals 40 feet horizontal and one inch
equals four feet vertical; or
(d)
One inch equals 50 feet horizontal and one inch
equals five feet vertical.
(3)
A plan for the surface drainage of the tract to be
subdivided. Such plan shall include stormwater runoff calculations
and shall show the proposed method of accommodating the anticipated
runoff. Stormwater calculations shall be made and drainage facilities
designed in accordance with the Township's Stormwater Management Ordinance.[1]
(4)
Preliminary designs of any bridges or culverts. Such
design shall meet all applicable requirements of the Pennsylvania
Department of Transportation and the Pennsylvania Department of Environmental
Protection.
(5)
In the case of land development plans, a landscaping
plan showing the proposed type, size and location of trees, shrubs
and other plantings, lighting plan and the location of refuse collection
areas shall be shown. A table showing extent of compliance with the
area, yard and height regulations of the Township Zoning Ordinance
shall be provided.
(6)
Where a preliminary plan shows the proposed subdivision
of only a part of the subdivider's total property, the plan shall
be accompanied by a plan of the proposed street system for the remainder
of the property so that the street system in the submitted portion
can be considered in relation to future connections with the unsubmitted
portion. In the case of extremely large properties, the Township Planning
Commission may delimit the area for which a prospective street system
on adjacent property must be shown. The subdivider shall also include
a statement indicating proposed future land use for the unsubmitted
portion of his property.
(7)
Where the subdivider proposes to locate a street or
other improvement within a portion of a utility right-of-way, a letter
from the appropriate utility company giving permission to locate within
the right-of-way.
(8)
A plan for the preservation of existing natural features on the site (see § 154-30) or a narrative statement indicating how such features will be preserved.
(9)
A solid waste management plan must be shown on the plan as applicable, as per § 154-30 of this chapter.
(10)
Sight distance calculations for vertical curves
in streets.
(a)
Horizontal curve radii of cartway and right-of-way
lines at street intersections. The proposed cartway tie-in to existing
street cartways shall be indicated.
(b)
On the subdivision plan or a plan view drawing
of streets, station numbers corresponding to the street profiles.
(c)
Guide rail locations and construction detail.
(d)
Clear sight triangles at street intersections.
(e)
A typical treatment of the construction of driveways
and the handling of storm drainage where driveways will intersect
streets. The Township may require driveway culverts to be sized and
such size noted on the plan.
(f)
Proposed location and type of traffic control
devices.
(11)
Areas of 10% to 15% slope, 15% to 25% slope and areas of over 25% slope. A steep slope analysis shall be submitted when required by § 154-30 of this chapter.
(13)
The applicant shall identify on-site properties,
sites or structures listed on or eligible for listing on the National
Register of Historic Places, the Pennsylvania Register of Historic
Places and/or the Berks County Register of Historic Places. Applicant
shall also identify such other properties and structures as may be
of local historic significance by means of a field survey by the Berks
County Conservancy, Historic Preservation Trust of Berks County or
such other individual or organization of equivalent expertise. Properties
or structures that are identifiable links to past ownership, such
as markers or cemeteries, shall be identified. The applicant shall
describe the ways in which the applicant intends to preserve, protect
and maintain such historic properties or structures and other man-made
resources.
(14)
In the case of subdivision or land development
plans proposed to be submitted in stages at final plan, a drawing
delineating the proposed stages and indicating the order of submittal
and schedule of submittal of the stages. Staging of sanitary sewer,
water and storm drainage facilities and the location of any temporary
street turnarounds shall also be indicated.
(15)
Schematic architectural drawings of proposed
townhouses, apartment buildings and commercial and industrial buildings,
including building orientation.
(16)
Proposed driveway locations and evidence that the standards for driveways established in § 154-26D can be met.
(18)
A draft of any covenants proposed to run with
the land.
(19)
The location of all trees and/or woodlands to
be removed or otherwise affected by this development along with the
location of trees and/or woodlands to remain.
(20)
Proposals for fire protection, which shall be
reviewed by the Township Fire Marshal.
(21)
The center line of all proposed driveways and
roads intersecting existing roads within the Township shall be staked
in the field at their proposed entrances onto the existing roads.
The applicant shall indicate existing available sight distance and
required sight distance based on PennDOT methodology on the preliminary
subdivision or land development plan.
[Added 6-17-2003 by Ord. No. 204-2003]
(22)
All information necessary to determine compliance
with the Township Zoning Ordinance, such as but not limited to:
[Added 1-2-2007 by Ord. No. 234-2007]
(a)
A historic resource impact study conducted pursuant to § 184-177.3 of the Bern Township Code of Ordinances;
(b)
A protected area analysis conducted pursuant to § 184-175 of the Bern Township Code of Ordinances;
A.
The final plan shall be clearly and legibly drawn
to a scale of one inch equals 50 feet with dimensions shown in feet
or hundredths of a foot, except that:
(1)
If the average size of the proposed lots is one acre
or larger, the plan may be drawn to a scale of one inch equals 100
feet.
(2)
If the subdivision contains more than 50 acres, the
plan may be drawn to a scale of one inch equals 100 feet.
(3)
If the subdivision proposes lots with an average frontage
of less than 50 feet or in the case of a land development, the plan
may be drawn to a scale of one inch equals 20 feet.
(4)
If the subdivision contains more than 200 acres, the
plan may be drawn to a scale of one inch equals 200 feet.
(5)
The original drawing and all submitted prints thereof
shall be made on sheets either 18 inches by 24 inches, 24 inches by
36 inches or 36 inches by 48 inches.
B.
If the final plan requires more than one sheet, a
key diagram showing the relative location of all the sheets shall
be drawn on each sheet. In addition, a match line shall be drawn on
each sheet and the subdivider shall indicate along each match line
what sheet is adjoined at that match line. A plan index, listing the
title of each plan included in the submission, shall be included on
the plans intended for eventual recording.
C.
The final plan shall show:
(1)
Name of proposed subdivision or land development,
the Township and plan status.
(2)
North point, graphic scale, written scale and date,
including the month, day and year that the original drawing of the
final plan was completed and, in the case of revised drawings, the
month, day and year that the original drawing was revised and a description
of each revision.
(3)
Name of the record owner and subdivider and the source
of title to the land being subdivided, as shown by the records of
the County Recorder of Deeds.
(4)
The name, address and seal of the registered professional
engineer or surveyor responsible for the plan.
(5)
The names of all abutting subdivisions and land developments,
if any, with the book and page numbers where recorded and the names
of the owners of all adjacent unplatted land, if any, and the book
and page numbers where recorded.
(6)
A location map for the purpose of locating the property
being subdivided or developed, drawn at a scale of one inch equals
800 feet, showing the relation of the property, differentiated by
tone or pattern, to adjoining property and to all roads, municipal
boundaries, recorded subdivision and land development plans and recorded
but unconstructed streets within 1,000 feet of the subdivision or
land development. A scale, North point and the proposed street system
within the subdivision or land development shall be shown.
(7)
The total tract boundary lines of the area being subdivided
with accurate distances to hundredths of a foot and bearings to 1/4
of a minute. These boundaries shall be balanced and closed with an
error of closure not to exceed one foot in 10,000 feet; provided,
however, that the boundary(s) adjoining additional unplatted land
of the subdivider (for example, between separately submitted final
plan sections) are not required to be based upon field survey and
may be calculated. The proposed location and elevation (if the elevation
is established) of all boundary line (perimeter) monuments shall be
indicated, along with a statement of the total area of the property
being subdivided. The Township Supervisors may require perimeter monuments
to be set and elevations established prior to approval of the final
plan. If monuments and lot markers have not been set prior to approval
of the plan, the plan shall contain a note indicating when they will
be set. The engineer or surveyor responsible for the plan shall certify
as to the accuracy of the survey and the drawn plan in accordance
with Appendix II. If the developer is going to retain a single parcel
with an area in excess of 10 acres and that parcel will not be improved
beyond its current level of improvement, that parcel may be considered
residue and may be identified by deed plotting. If the retained parcel
has an area of 10 acres or less, it shall be considered a lot within
the subdivision and described to the accuracy requirements of this
chapter.
(8)
Zoning district lines within the property and zoning
district designations and area, yard and height requirements applicable
to the property.
(9)
The location, name (and/or number) and right-of-way,
cartway and ultimate right-of-way widths and lines of all roads within
the subdivision or land development.
(a)
Center-line radii of horizontal curves, intended
ownership and a statement of any conditions governing the use of streets
shall be indicated.
(b)
Streets to be dedicated shall be indicated.
For streets which will not be dedicated, the arrangements to be made
for the ownership and maintenance of those streets shall be given.
(c)
The applicant shall submit letters from the
postmaster of the area and fire company and/or rescue company having
jurisdiction in the area in which the subdivision or land development
is located, stating that the proposed street names are acceptable.
(10)
The following data for the cartway edges or
curblines and right-of-way lines of all recorded (except those which
are to be vacated) and proposed streets and for the right-of-way lines
of all existing streets within or abutting the property to be subdivided:
the length, in feet to the second decimal point, of all straight lines
and any two functions of a chord of all curved lines and the delta
angle (in degrees, minutes and seconds) of all curved lines.
(11)
All lot lines shall be shown and shall be completely
dimensioned in feet to the second decimal point, if straight, and
if curved, with central angle in degrees, minutes and seconds and
length of arc and radius. Bearings to 1/4 of a minute shall be shown
for all lot lines. Each lot shall be balanced to an accuracy of one
foot in 10,000 feet. For each lot, the total lot area in square feet
or acres shall be stated.
(12)
Lot numbers, numbered consecutively, and a statement
of the total number of lots and parcels.
(13)
Location, size and proposed use and design of
all parks, playgrounds, landscaped areas, recreation areas, public
buildings and other public uses. Areas to be dedicated to the Township
shall be noted. Areas not be dedicated shall be noted, conditions
governing such areas shall be listed and the arrangements to be made
for the ownership, administration and maintenance of these areas shall
be given, including applicable agreements and deed restrictions. A
note indicating the Township is not responsible for construction or
maintenance of any area, park improvement, plantings, street or alley
not dedicated for public use shall be placed on the plan. Bearings
and distances and areas shall be provided for existing public lands;
property to be dedicated or reserved for public, semipublic or community
use, including streets; and areas to which title is reserved by the
landowner.
(14)
Building setback lines along each street, lot
line and utility line and the proposed placement of each apartment,
townhouse and nonresidential building, when proposed. For each apartment
building the number of dwelling units shall be indicated.
(17)
All easements and rights-of-way, their purpose
and any limitations on such easements or rights-of-way. Rights-of-way
shall be accurately shown and identified on the plan and easements
shall either be shown or specifically described on the plan. Bearings
and distances shall be provided for easements when not parallel to
street or lot lines.
(18)
Water mains, sanitary sewers and storm drainage
facilities.
(a)
Location, size and material of all water mains,
with connections to existing facilities; fire hydrants: blowoffs;
valves; storage tanks; water sources and other components of water
supply systems.
(b)
Location, size, material, pipe length, invert
elevation and grade of all sanitary sewers, with connections to existing
facilities; location and construction details of all manholes; design
of pumping stations; force mains; sewage treatment plants, with type
and degree of treatment proposed and size and capacity of treatment
facilities; and other components of sewage disposal systems.
(c)
Location, size, material, pipe length, invert
elevation and grade of all storm drainage facilities, with connections
to existing facilities; location, slope, velocity within and cross
section for all drainage swales; the location and construction details
of all manholes, inlets, endwalls, headwalls, culverts and junction
boxes; the location and design of all detention facilities and other
drainage facilities; the size, depth, length and width of riprap aprons,
with design calculations.
(19)
Provisions for pedestrian and other nonvehicular
circulation throughout the tract, when provided by means other than
sidewalks.
(20)
The location of all common parking areas and
access drives to the parking areas, the size and number of parking
stalls, the width of aisles and access drives and proposed grades
of parking areas and access drives. Location, number and dimensions
of off-street loading areas shall be indicated.
(21)
If the subdivision or land development proposes
a new street or driveway intersection with a state legislative route,
a copy of the highway occupancy permit.
(22)
A certificate of ownership, acknowledgment of
plan and offer of dedication shall be lettered on the plan, using
the forms specified in Appendix I, and shall be signed by the owner(s)
of the property and be notarized.
(23)
Certificate for approval of the plan by the
Township Supervisors and Township Planning Commission. (See Appendix
III.)
(24)
A blank space in which the appropriate stamp
of the County Planning Commission may be applied.
(25)
A blank space in order that the Recorder of
Deeds may acknowledge receipt and recording of the plan when it is
presented.
(26)
One-hundred-year floodplains, including delineation
of floodway and flood fringe, established by study of FEMA, with base
flood elevations for the one-hundred-year storm. For those watercourses
for which studies have not been performed by FEMA, calculated one-hundred-year
floodplains shall be established by the developer in accordance with
Appendix IV of this chapter.
(a)
When a subdivision or land development contains
a floodplain, the elevation of roads, building sites, fills, flood
and erosion protection facilities and public utilities included within
the floodplain and within 100 feet of the floodplain shall be given.
(b)
In the case of a proposed revision of a FEMA-mapped
floodplain, a letter of approval of such revision from FEMA.
(27)
In the case of any residential subdivision of
five lots or more, a note advising potential purchaser(s) of any lot(s)
shown thereon to contact the local utility company regarding costs
of underground utilities.
(28)
Location and elevation of the datum to which
elevations refer. Datum used shall be a known, established bench mark.
(29)
Wetlands.
D.
The final plan shall be accompanied by the following
supplementary data, where applicable:
(1)
Typical street cross section drawing(s) of each proposed
street, including right-of-way and cartway widths, construction details
of streets, shoulders, curbs and sidewalks and cross slopes of streets,
shoulders, sidewalks and planting strips. The typical location, size
and depth of any underground utilities shall be indicated.
(2)
Profiles along the center line of all proposed streets
within the tract. Such profiles shall show at least the following
information, properly labeled:
(a)
Existing (natural) profile along both cartway
edges or at the top of both curbs.
(b)
Proposed finished grade at the top of both curbs
or along both cartway edges.
(c)
The length of all vertical curves.
(d)
Existing and proposed sanitary sewer mains and
manholes, with top and invert elevation data.
(e)
Existing and proposed storm sewer mains, inlets,
manholes and culverts, with top and invert elevation data.
(f)
Existing and proposed water mains when they
cross other utilities.
(g)
Station numbers.
(3)
The profile sheets required by § 154-20D(2) shall be legibly drawn at one of the following sets of scales or any combination thereof:
(a)
One inch equals 10 feet horizontal and one inch
equals one foot vertical; or
(b)
One inch equals 20 feet horizontal and one inch
equals two feet vertical; or
(c)
One inch equals 40 feet horizontal and one inch
equals four feet vertical; or
(d)
One inch equals 50 feet horizontal and one inch
equals five feet vertical.
(4)
All offers of dedication which shall require approval
of the Township Solicitor.
(5)
Such private deed restrictions or covenants as may
be imposed upon the property as a condition to sale, together with
a statement of any restrictions previously imposed which may affect
the title to the land being subdivided.
(6)
Whenever a subdivider proposes to establish a street
which is not offered for dedication to public use, the Township may
require the subdivider to submit and also to record with the plan,
a copy of an agreement made with the Township on behalf of his heirs
and assigns, which shall establish the conditions under which the
street may later be offered for dedication.
(7)
A plan for the surface drainage of the tract, including
stormwater runoff calculations and the proposed method of accommodating
the anticipated runoff.
(8)
Designs of any bridges or culverts. Such designs shall
meet all applicable requirements of the Pennsylvania Department of
Transportation and the Pennsylvania Department of Environmental Protection.
Capacity/loading calculations shall be submitted.
(9)
With a proposal to change or diminish the course,
current or cross section of any stream or body of water or to construct
or change any water obstruction. wetland or streambank, approval and
a permit from the Pennsylvania Department of Environmental Protection
and/or Army Corps of Engineers when required or applicable.
(10)
A plan for the preservation of existing natural features on the site (see § 154-30) or a narrative statement indicating how such features will be preserved.
(11)
A solid waste management plan must be shown on the plan, if applicable, as per § 154-30 of this chapter.
(12)
All information necessary to determine compliance
with the Township Zoning Ordinance, such as but not limited to:
[Added 1-2-2007 by Ord. No. 234-2007]
(a)
A historic resource impact study conducted pursuant to § 184-177.3 of the Bern Township Code of Ordinances;
(b)
A protected area analysis conducted pursuant to § 184-175 of the Bern Township Code of Ordinances;
E.
A landscape plan showing the number, location, size
and species of all plant material that will be planted within the
subdivision.
F.
A lighting plan showing the type and height of fixtures,
the brightness of fixtures and lighting levels throughout the site.
G.
A final grading plan shall be submitted at the time
of final plan submission.
H.
An erosion and sediment control plan for the tract.
The Planning Commission must be in written receipt, from the Berks
County Conservation District, of the approval of the sediment and
erosion control measures for the proposed subdivision. In the event
the subdivision has not received the District's approval and the intent
of the subdivision is to create only single-family detached lots along
existing roads, the Township may permit developer to place the following
notation on the plan:
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"Any and all lots contained within this subdivision
are NOT for development of any type until or unless the seller of
the lot or purchaser of the lot has submitted and obtained sediment
and erosion control measure approval from the Berks County Conservation
District. Each individual lot must obtain this approval prior to earth
moving activities."
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I.
Copies of Planning Modules for Land Development as
mandated by Pennsylvania Department of Environmental Protection shall
accompany the final plan.
J.
Provisions for fire protection, which shall be reviewed
by the Township Fire Marshal.
K.
Where the developer proposes to locate a street, driveway
or other improvement within a portion of a utility right-of-way or
to relocate an existing utility line, a letter from the appropriate
utility company giving permission to locate within the right-of-way
or relocate the existing line.
L.
Schematic architectural drawings of proposed buildings,
including building orientation.
M.
Provisions for traffic control.
N.
Lowest floor elevations for proposed buildings.
O.
A table showing extent of compliance with the area,
yard and height regulations of the Township Zoning Ordinance.
P.
Horizontal curve radii of cartway and right-of-way
lines at street intersections. The cartway tie-in to existing street
cartways shall be indicated.
Q.
Guide rail locations and construction detail.
R.
A typical treatment of the construction of driveways
and the handling of storm drainage where driveways will intersect
streets. The Township may require driveway culverts to be sized and
such size noted on the plan.
S.
Copies of all approvals required for sanitary sewer
and water systems shall be received prior to approval of the final
plan, including confirmation that the appropriate agencies can and
will serve the proposed development.
T.
When the tract contains wetlands, a copy of all required
permits or permit waivers from PADEP and/or Army Corps of Engineers.
A.
Soil percolation tests shall be performed for all
subdivisions in which buildings at the time of construction will not
be connected to an operating public or community sanitary sewage disposal
system.
B.
Soil percolation tests shall be made in accordance
with the procedures required by the Pennsylvania Department of Environmental
Protection and the Township Sewage Enforcement Officer.
C.
Soil percolation tests shall be performed at or near
the site of proposed on-site sanitary sewage disposal facilities.
At least one test shall be performed on each lot within the subdivision.
D.
The results of the soil percolation tests shall be
analyzed by the Township and the Township Sewage Enforcement Officer
in conjunction with Pennsylvania Department of Environmental Protection
and the final plan lot layout shall be based on this analysis. If
the analysis of the soil percolation tests results reveals that the
soil is unsuitable for the intended use at the lot size(s) originally
proposed, the Township may require that the lot size(s) be increased
in accordance with the test results.
A.
This section shall apply to any subdivision or land
development for which a preliminary plan or a combined preliminary/final
plan is submitted after the effective date of this amendment.
B.
This section shall not apply to plans that the Township
Planning Commission and Board of Supervisors determine only involve
clearly minor adjustments or corrections to an approved preliminary
plan or clearly minor adjustments or corrections to a preliminary
plan that was before the Township for consideration at the date of
the adoption of this amendment.
C.
Limitations on use of fees.
(1)
Any fees collected under this section shall be placed
within an interest-bearing account and shall be accounted for separately
from other Township funds.
(2)
To ensure that the lands and facilities are accessible
to the residents of the developments whose developers or subdividers
paid fees towards their cost, the attached "Recreation Fee District
Plan" designates the entire Township as a single Recreation Fee District.
Any such fees collected under this section shall only be expended
within the Recreation Fee District in accordance with the adopted
Park and Recreation Plan which is designed to benefit the subdivision
or land development that contributed the fees.
(3)
Such fees shall only be used for the following: acquisition
of public open space, acquisition of access to recreational facilities
owned and operated by Berks County within Bern Township, development
of public recreational facilities, landscaping of public open space
and closely related engineering and design work.
D.
Land dedication. Any subdivision or land development
regulated under this section shall be required to dedicate the specified
amount of common open space, unless the Board of Supervisors determines
that such land in that location would not serve a valid public purpose,
in which case recreation fees in lieu of land shall be required.
(1)
Generally, it is the intent of this section that developments
of five or fewer dwelling units that do not include land that is adjacent
to existing publicly owned land shall be required to pay a recreation
and open space fee in lieu of dedicating land.
(2)
The land and fee requirements of this section shall
be based upon the number of new dwelling units that would be permitted
on the lots of a subdivision or land development after approval.
(3)
Prime open space. For purposes of this section, the
term "prime open space" shall mean land proposed to be dedicated as
common open space that would meet all of the following standards:
(a)
Less than 6% slope;
(b)
Not a "wetland" under federal or state regulations;
(c)
Be part of a contiguous tract of at least 2
acres (which may include existing adjacent common open space); and
(d)
Not be within the "one-hundred-year floodplain"
as defined by official floodplain maps of the Township.
(4)
Amount of common open space. A subdivision or land
development shall be required to dedicate the following amounts of
common open space for each permitted new dwelling unit, unless the
governing body determines that recreation fees in lieu of the open
space would be more in the public interest.
|
Percentage of the Total Required Common
Open Space That Would Meet the Definition of "Prime Open Space"
|
Minimum Required Common Open Space per
Permitted Dwelling Unit
| |
|---|---|---|
|
0% to 25%
|
1,500 square feet
| |
|
25.1% to 75%
|
1,250 square feet
| |
|
75.1% to 100%
|
1,000 square feet
|
E.
Fees for residential development. If the Board of
Supervisors determines that a land dedication within a proposed subdivision
or land development would not be in the public interest, the applicant
shall be required to pay fees in lieu of dedicating open space. This
fee shall be $550 per permitted dwelling unit, unless these fees are
revised by later resolution or official fee schedule of the governing
body.
F.
Decision on issue of land versus fees. The Board of
Supervisors, after consultation with the Township Planning Commission
and upon consideration of the recommendation of the Township Planning
Consultant or Engineer, shall determine whether a land dedication
or the payment fees shall be required. This determination should,
but is not required to, be made at the time of sketch plan review.
The Township should, at a minimum, consider the following in this
decision:
(1)
Whether the land in that location would serve valid
public purpose.
(2)
Whether there is potential to make a desirable addition
to an existing recreation area.
(3)
Whether the proposed land would meet the objectives
and requirements of this section.
(4)
Whether the area surrounding the proposed development
has sufficient existing recreation and open space land and whether
it is possible for pedestrians and bicyclists to reach those lands.
(5)
Any recommendations that may be received from the
Planning Commission, the Township Planning Consultant or Engineer,
the local School Board or School District staff and the Township Parks
and Recreation Board.
(6)
Any relevant policies of the Township Recreation Board.
(7)
The Official Park and Recreation Plan.
G.
Land to be dedicated.
(1)
Land required to be dedicated shall be suitable for
its intended purpose, in the determination of the Board of Supervisors
after consultation with the Township Planning Commission and upon
consideration of the recommendation of the Township Planning Consultant
or Engineer. The applicant shall state what improvements, if any,
that he/she/it intends to make to the land to make it suitable for
its intended purpose, such as grading, landscaping or development
of trails. Such land shall be free of construction debris at the time
of dedication.
(2)
Required common open space shall be dedicated to the
Township, unless the Board of Supervisors agrees to accept a dedication
to any of the following: the Schuylkill Valley School District, Berks
County, a homeowners' association or an environmental organization
acceptable to the Board of Supervisors. In the case of a rental development,
the Township may permit the common open space to be retained by the
owner of the adjacent residential buildings.
(3)
If required common open space is to be owned by a
homeowners' association, the developer shall be required to establish
such association in a form that requires all property owners within
the development to contribute annually to the maintenance of the common
open space. Any homeowners' association agreements regarding required
common open space shall be subject to acceptance by the Board of Supervisors,
based upon the review and recommendation of the Township Solicitor.
The provisions of Section 703(f) of the Pennsylvania Municipalities
Planning Code[1] should serve as a model for such agreement.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(4)
Any required common open space dedication shall include
deed restrictions to permanently prevent to development for buildings,
except buildings for noncommercial recreation or to support maintenance
of the land.
(5)
Priority shall be given to dedication of land that
would be suitable for a new community park in the south central portion
of the Township, or would preserve woods, steep slopes or other important
natural features of land along a creek, or that would add needed land
onto existing public recreation lands.
(6)
Land that is not suitable for active or passive recreation
shall not be accepted as part of a required dedication, including
areas within a stormwater detention basin that could not serve recreation
purposes. Portions intended for active recreation shall be well-drained,
of less than 6% average slope and not require filling in of a wetland
for use.
(7)
Common open space within a subdivision or land development
shall be contiguous, except as may be specifically exempted by the
Board of Supervisors, and shall have adequate access for maintenance
and for pedestrians.
(8)
Other ordinances. Any required land dedication under
this section shall be in addition to any land dedication or improvement
requirements of any other Township ordinance or resolution.
(9)
Lands close to buildings. For the purposes of this
section, no land shall be used to meet the minimum common open space
requirements of this section if such land is within:
(10)
Residual lands. If only a portion of a larger
tract of land is currently proposed to be subdivided or the applicant
owns one or more adjacent tracts that are not currently proposed to
be subdivided, the applicant shall provide a sketch of a possible
future land dedication on these adjacent lands in case they would
be developed in the future.
(11)
Coordination with future adjacent dedication.
The Board of Supervisors may require that a required land dedication
within a property currently being subdivided be placed along an edge
of the property so that it may, in the future, be combined with an
open space dedication on the edge of an adjoining property when that
adjoining property is subdivided or developed.
H.
Combination of land and fees. Upon mutual agreement
of the Board of Supervisors and the applicant, the Township may accept
a combination of common open space and fees in lieu of land to meet
the requirements of this section for a residential subdivision or
land development. This combination shall be based upon the common
open space requirement applying for a certain number of dwelling units
and the fee in lieu of land requirement applying for the remaining
number of dwelling units.
I.
Timing of fees. Fees required under this section shall
be paid prior to the recording of the final plan, except as follows:
(1)
If the required fee would be greater than $5,000 and
the applicant and the Township mutually agree to provisions in a binding
development agreement to require the payment of all applicable recreation
fees prior to the issuance of any building permits within each clearly
defined phase of the development, then the fees are not required to
be paid prior to recording of the final plan but may instead be paid
within the requirements of that development agreement.
(2)
If the applicant agrees to pay such fees in installment,
then all such fees shall not be considered to be paid for the purposes
of any applicable time limitations for utilization under the Municipalities
Planning Code[2] until all such fees are paid in full, including all installments
and phases.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
J.
Fee modification process.
(1)
An applicant may seek modification to the required
amount of a recreation fee under this section. In such case, the full
burden of proof, based upon relevant data and qualified professional
testimony, shall be upon the applicant to clearly prove to the satisfaction
of the Board of Supervisors that the required fees under this section
would be disproportionate compared to the current market value of
the common open space that would otherwise be required to be dedicated.
(2)
An applicant may also seek a modification of the requirements
of this section by offering to construct substantial permanent recreation
facilities within the proposed subdivision or land development or
on adjacent public open space that the applicant clearly proves to
the satisfaction of the Board of Supervisors will substantially meet
the recreation needs of the residents, as applicable, of the development.
