The procedures set forth in this article shall
be followed by all applicants proposing to subdivide or develop land
in Upper Pottsgrove Township.
[Amended 11-26-1990 by Ord. No. 217; 9-14-1998 by Ord. No.
292; 8-14-2000 by Ord. No. 310]
A.
Drafting standards.
(1)
The plan shall be clearly and legibly drawn to a scale
not in excess of one inch equals 50 feet, except if the parcel being
subdivided is five acres or larger, the plan may be drawn to a scale
not in excess of one inch equals 100 feet.
(2)
Topography shall be based on an on-site survey prepared
by a registered professional engineer or surveyor. Contour lines shall
be at vertical intervals of two feet. One hundred feet shall be the
largest horizontal distance between intervals.
[Amended 3-6-2006 by Ord. No. 391]
(3)
Dimensions shall be in feet and decimals and bearings
in degrees, minutes and seconds.
(4)
The plan shall show the courses and distances of the
boundary line survey of the entire land to be subdivided.
(5)
The sheet or sheets shall be one of the following
sizes: 15 by 18 inches, 18 by 30 inches, 24 by 36 inches.
(6)
If more than one sheet is necessary, each sheet shall
use the same scale, shall be the same size and consecutively numbered
to show its relation to the total number of sheets comprising the
plan, i.e., Sheet No. 1 of 5 Sheets, etc. A key map shall be provided
to show the relationship of all sheets together.
B.
Location and identification. Each plan shall provide:
(1)
The name of the subdivision or land development.
(2)
A key map relating the subdivision or land development
to at least three existing intersections in the Township. Scale: one
inch equals 800 feet.
(3)
The name and address of the owner(s) and if applicable
the name and address of the agent. Some proof showing the agent's
relationship to the owner shall also be submitted with the plan.
(4)
Name, address, professional seal and signature of
the registered engineer, surveyor or other qualified person who developed
the plan.
(5)
A statement of total tract size.
(6)
The date of preparation (or revision) of the plan,
a graphic and written scale, and a North point.
(7)
Layout and dimensions of all lots showing gross and
net lot area of each in square feet and/or acres, as applicable.
(8)
A legend sufficient to clearly differentiate between
existing and proposed conditions.
(9)
The plan shall include a note setting forth the present
land use and the zoning requirements, including the applicable lot
size and yard requirements. The plan also shall show the requirements
of any other Township ordinance, if any, on both the land to be subdivided
and the adjacent land.
(10)
Tax parcel, block and unit numbers.
C.
Existing and proposed features.
(1)
For a distance of 100 feet outside the boundary of
the tract being subdivided or developed, the plan shall show the following
information:
(a)
Property lines, present land use, zoning district
and current owners.
(b)
Location, name and width (both cartway and right-of-way)
of existing and proposed roads.
(c)
Location of private wells and on-site sewage
disposal systems.
(d)
Location and size of existing and proposed sanitary
sewers, manholes, storm sewers and inlets.
(e)
Location and size of all watercourses and the boundaries of floodplains as defined by the Floodplain Conservation District of the Upper Pottsgrove Township Zoning Ordinance (Chapter 350).
(f)
Structures.
(g)
Natural features, including topography. Steep
slopes over 15% shall be delineated.
(h)
Areas subject to covenants, deed restrictions
or easements.
(i)
Other information deemed necessary by the Township.
(2)
Within the tract to be subdivided or developed the plan shall show all the information required in Subsection C(1) plus the following:
(a)
Location, nature and use of all structure(s)
located in the land, including the structures to be demolished, as
well as those to be retained and/or preserved.
(b)
If applicable, the location, names, and dimensions
of existing and proposed roads including paving widths, curblines,
legal and ultimate rights-of-way, curbline radii at intersections
and road location tie-in's by courses and distances to the nearest
road intersection.
(c)
Location of existing and proposed private wells
and sanitary and storm sewer systems. Documentation of approval of
proposed sanitary sewage systems by the Township sewage enforcement
officer.
(e)
Structures and natural features, including topography. Steep-slope areas of 15% or greater shall be delineated by measuring those areas of slope on a site over three or more consecutive two-foot contour intervals. Steep-slope areas of less than 500 square feet of contiguous land, not abutting other areas of steep slopes, may be excluded. Such steep-slope areas shall be considered part of the Steep Slope Conservation District and shall meet the requirements of the SS Steep Slope Conservation District in accordance with Part 5 of the Upper Pottsgrove Zoning Ordinance (Chapter 350).
(f)
Areas subject to deed restrictions or easements.
(g)
Building setback lines (front yard lines), side
and rear yard lines on all proposed lots with distances from the ultimate
right-of-way line.
(h)
Total building coverage and the area of the
total tract devoted to each use or group of uses.
(i)
Location of accessory structures and facilities.
(j)
Tentative sketch of future road and lot layout
for remaining land not proposed for subdivision or development.
(k)
Other information deemed necessary by the Township.
(l)
Location of all required soil percolation test
holes and probes.
(m)
Soil erosion and sedimentation control plan
and narrative, when required.
(n)
All wetlands which shall be identified and accurately
shown on the plan with bearings and distances surveyed in the field.
D.
Inventory and analysis in R-1 and R-2 Residential Districts. In addition to the information required in § 310-7 of this part, any plan proposing to subdivide or develop land in the R-1 Residential District or the R-2 Residential District shall show the following site elements:
[Amended 4-19-2010 by Ord. No. 442]
(1)
Physical resources.
(a)
Soil type locations and a table identifying
soil characteristics relating to agricultural capability, seasonal
high-water table, depth to bedrock and suitability for on-site disposal
systems, as per the Montgomery County Soil Survey.
(b)
Landscape characteristics, including the location
and boundaries of existing woodland, species and size of existing
freestanding trees greater than eight inches dbh, hedge rows, fence
lines, rock outcroppings and other noted landscape features.
(c)
The Township Engineer shall review the applicant's
information and determine the accuracy of the applicant's plan with
respect to the presence, location and boundaries of all natural features
located on the site(s).
(d)
Should a dispute arise concerning the Township
Engineer's decision, the applicant shall have the burden of proving
that a different finding is warranted. The applicant shall submit
to the Township Engineer all technical information and documentation
supporting a different finding, including any information or findings
from qualified agencies such as the Soil Conservation Service. Upon
review, the Township Engineer shall make a final determination.
(e)
In the event that the Township Engineer's final
determination is disputed, the applicant may appeal to the Township
Board of Commissioners.
(2)
Land cover. Land cover such as cultivated areas, paved
areas, pasture.
(3)
Visual resources. Scenic views onto the tract from
surrounding roads and public areas, as well as views of scenic features
from within the tract, as defined in the Township Parks, Recreation
and Open Space Plan.
(4)
Cultural and historic resources. Brief description
of historic and cultural character of buildings and structures, if
applicable.
(5)
Context. General outlines of buildings, land use and
natural features such as water bodies or wooded areas, roads and property
boundaries within 500 feet of the tract. This information may be presented
on an aerial photograph at a scale of not less than one inch equals
400 feet.
(6)
Sketch plan. The applicant is strongly urged, but
not required, to submit a sketch plan based on the inventory and analysis
for any development in the R-1 District, in order to resolve design
issues before investing in engineered preliminary plans.
(7)
Ultimate development plan. A sketch plan for ultimate development shall be submitted and approved prior to phasing of preliminary or final plans in accord with § 310-8 herein.
(8)
Developments utilizing the neighborhood lotting option in the R-1 and R-2 Districts shall not be required to provide additional open space or fees in lieu thereof beyond that required of the districts. Developments using the standard lotting option shall be required to meet the provisions of this section and § 310-38.
[Amended 11-26-1990 by Ord. No. 217]
A.
Tentative sketch plan. Applicants are encouraged to
submit tentative sketch plans for subdivisions and/or land developments,
although this type of plan submission is optional.
(1)
Tentative sketch plans should be presented to the
Township Planning Commission for informal discussion at a regularly
scheduled Planning Commission meeting.
(2)
The purpose of a tentative sketch plan submission
is to provide informal advice and guidance to an applicant prior to
preparation of preliminary plans, and, therefore, it does not constitute
a formal plan submission and is not subject to a time limit.
(3)
The Township Planning Commission may make nonbinding
suggestions and recommendations to the applicant during the meeting
at which the plan is discussed. These need not be presented in writing
to the applicant; however, they should be summarized in the minutes
of the Township Planning Commission for reference.
(4)
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.
B.
A preliminary plan, as described in § 310-11 of this article, is required for applicable subdivisions and land developments proposed within the Township.
C.
A final plan, as described in § 310-12 of this article, is required for all applicable subdivisions and land developments proposed within the Township.
(1)
A final plan shall consist of two parts:
(b)
Improvement construction plan, where applicable, as described in § 310-12A(2) of this article.
(2)
A plan showing all information required for a final
plan, which has been submitted as a preliminary plan and for which
no changes have been required by the Township, may be approved as
a final plan.
D.
A land development plan, as described in § 310-13 of this article, is required for all applicable land developments proposed within the Township. A land development plan may be required in conjunction with a subdivision plan or in lieu of a subdivision plan when review of a plan on a lot-by-lot basis would not be applicable.
E.
Auction sales. When an owner proposes to offer his
land for sale at auction in two or more parts, the following procedures
shall be followed:
(1)
Preliminary plans, showing the manner in which the
owner desires to divide his land for sale at auction, shall be submitted
for approval or review as required under § 310-11of this
article, prior to advertisement of the sale, and in addition, shall
contain the following notation: "This property is intended to be sold
by auction on or about __________, 20__, in whole or in part according
to this plan." Sale of lots at such auction shall be in the form of
agreement to purchase, and no actual transfer of ownership or interest
in such lots shall proceed until a final plan showing such division
of the property shall have been reviewed by the Upper Pottsgrove Township
Planning Commission in accordance with its regulations, approved by
the Board of Commissioners, and recorded in the office of the Recorder
of Deeds, Montgomery County.
Sketch plans shall be drawn legibly to scale
but not necessarily showing precise dimensions and shall show the
following information:
A.
Name of subdivision or land development and name of
municipality.
B.
A location plan showing the subject tract and the
surrounding road network, including a key map.
C.
Name and address of the owner, agent, engineer, surveyor,
and architect, as applicable.
D.
The tract boundary and location by deed plotting.
E.
A North point and scale.
F.
The existing and proposed road and lot (or structure)
layout.
G.
Significant topographical and physical features, such
as soils, floodplains, steep slopes (over 15%) woodlands, and existing
structures.
H.
Proposals for control of drainage runoff.
I.
Proposals for community facilities.
[Amended 11-26-1990 by Ord. No. 217]
It is the purpose of this section to provide for simplified plan submission and processing requirements by which minor subdivisions may be submitted and approved. Plans submitted under the provisions of this section must meet the following criteria, conform to the established standards and provide the required information as described in § 310-7 of this article.
A.
Criteria for minor subdivision. A subdivision of a
tract of land that:
(1)
Contains four lots or fewer.
(2)
Has not been part of a subdivision submitted within
the past three years.
(3)
Presently fronts on a physically improved street that
is legally open to the public.
(4)
Will not involve the construction of any new street
or road, the extension of municipal facilities or the creation of
any other public improvements.
(5)
Requires a variance(s) from the Township Zoning Ordinance (Chapter 350) for no more than one of the proposed lots on which new construction will occur or may occur in the future.
(6)
Is in general conformance with the Township Comprehensive
Plan and other plans.
B.
Additional requirements for minor subdivisions within floodplains. Minor subdivision applications for land within floodplains must conform to the applicable requirements established for land within such areas in §§ 310-11B and 310-31 of this chapter and the Upper Pottsgrove Township Zoning Ordinance (Chapter 350).
C.
Plan submission. Minor subdivision plans shall be submitted in accordance with the plan processing procedures identified in § 310-14 of this article.
D.
Plan approval. Plan approval shall be obtained through the procedure identified in § 310-14. The plan shall become a final plan when the following certifications are obtained:
(1)
The signature and seal of the registered surveyor
certifying that the plan represents a survey made by him, that the
monuments shown thereon exist as located and that the dimensional
geodetic details are correct.
(2)
The signature of the owner or agent certifying his
adoption of the plan and changes thereto.
(3)
The signature of the Township Planning Commission
certifying approval of the minor subdivision plan and any changes
thereto on the date shown to the Board of Commissioners.
(4)
Certification by the Zoning Hearing Board that any
required special exceptions and variances have been granted.
(5)
Signature of the Township Board of Commissioners certifying
approval of the plan.
A preliminary plan shall be submitted for all proposed subdivisions not eligible for submission as a minor subdivision and for all applicable land developments. Applicants submitting a preliminary plan shall conform to the standards and provide the required information as described in § 310-7 of this article, as well as the following:
A.
Proposed improvements. Within the subject tract to
be subdivided or developed and up to a distance of 100 feet outside
the tract, the plan shall show:
(1)
Location and size of existing and proposed utilities
above and below ground (e.g., electric facilities, fire hydrants,
gas mains, waterlines).
(2)
Tentative grading plan of proposed roads to an existing
road at a point of 100 feet beyond the boundaries of the tract.
(3)
Tentative grading plan around all proposed structures
and improvements.
(4)
Location and size of open recreation areas.
(5)
Land to be dedicated or reserved for future road widening
or other public or common use.
(6)
Locations of test holes.
(7)
A tentative cross section and center-line profile
for each proposed or widened cartway shown on the preliminary plan,
including the profile for proposed sanitary sewers and storm drains,
showing manholes, inlets and catch basins.
(8)
Preliminary design of any bridges, culverts or other
structures and appurtenances which may be required.
B.
Floodplain areas.
(1)
The regulations contained herein shall apply in those areas identified as floodprone in the Zoning Ordinance (Chapter 350). The Flood Boundary and Floodway Map shall be available in the Upper Pottsgrove Township Building for inspection. In regard to the adopted Floodplain Conservation District, the regulations contained herein shall apply to those areas defined and established as floodplain and not in conflict with the information provided in the Flood Insurance Study.
(2)
The regulations contained herein are identified to
conform to the requirements of § 1910.3d of the National
Flood Insurance Program, P.L. 93-234. Furthermore, it is the purpose
of these regulations to:
(a)
Regulate the subdivision and development of
floodplain areas in order to promote the general health, welfare,
and safety of the community.
(b)
Require that each subdivision lot or development
site in floodplain areas be provided with a safe building site with
adequate access and that public facilities which serve such site be
designed and installed to preclude flood damage at the time of initial
construction.
(c)
Protect individuals from buying lands which
are unsuitable for use because of flood hazards by prohibiting the
subdivision and development of unprotected floodplain areas.
(3)
Prospective developers shall consult with the Zoning
Officer to make a determination as to whether or not the proposed
subdivision or land development is located within an identified floodplain.
(4)
Where not prohibited by this chapter or any other
codes or ordinances, land located in a floodplain may be subdivided
or developed with the provision that the developer construct all buildings
and structures to preclude flood damage in accordance with this chapter
and any other codes or ordinances regulating such development.
(5)
Where the subdivision or land development lies partially
or completely in a floodplain, or where the subdivision or land development
borders on a floodplain, the plan shall include detailed information
identifying the following:
(a)
Location and elevation of existing and proposed
roads, water supply and sanitary facilities, building sites, structures,
soil types, and proposed floodproofing measures.
[Amended 11-26-1990 by Ord. No. 217]
Applicants submitting a final plan shall conform
to the following standards:
A.
Record plan (final subdivision 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 all lettering and lines shall be drawn so as to
still be legible should the plan be 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)
Courses and distances sufficient for the legal
description of all the lines shown on the plan. The error of closure
shall not be greater than one part in 10,000.
(b)
The location, material and size of all monuments.
(c)
Descriptive data of ultimate right-of-way lines,
so that a single deed may be drawn to the appropriate authority for
the dedication of roads by the subdivider, developer, or builder.
(d)
Evidence shall be provided that the plans are in conformance with the Zoning Ordinance, Chapter 350; the Subdivision and Land Development Ordinance, Chapter 310; and other applicable Township ordinances and regulations. In any instance where such plans do not conform, a notation on the plan shall identify the special exceptions, variances, conditional uses, waivers and Township rulings and conditions that have been officially authorized.
[Amended 3-6-2006 by Ord. No. 391]
(e)
When only a portion of the tract is being reviewed
relative to the subdivision or land development, but where future
subdivision or development is imminent, the applicant shall demonstrate
that the remainder of the tract or parcel may be subdivided or developed
in conformance with the existing zoning classification of land use
in a logical and satisfactory manner, as a condition of approval of
his plan.
(f)
Any proposed driveway or intersection of a new
street with a state legislative route must receive a highway occupancy
permit from PennDOT. The approved permit must accompany the final
plan submission and the permit number must be noted on the final plan.
In the case of driveways only, the final plan may contain a statement
in lieu of submission of permits that states: Highway occupancy permit
is required pursuant to § 420 of the Act of June 1, 1945,
P.L. 1242, No. 428, 36 P.S. § 670-101 et seq., known as
the "State Highway Law," before driveway access to a state highway
is permitted.
(g)
The final plan shall list on the record sheet all variances and waivers
granted, including dates, section numbers, the original ordinance
requirements and the relief that was granted.
[Added 4-19-2010 by Ord. No. 442]
(3)
Certificates. When approved, the record plan must
show:
(a)
The signature of the registered surveyor certifying
that the plan represents a survey made by him, that the monuments
shown thereon exist as located, and that the dimensional and geodetic
details are correct.
(b)
The signature of the owner or agent, certifying
his adoption of the plan. If an agent is signing a plan on behalf
of the property owners, his authority to do so shall be filed on record
with the Township and the Montgomery County Recorder of Deeds office.
(c)
The signature of the Township Planning Commission
Chairman certifying the Planning Commission's approval of the plan
on the date shown.
[Amended 3-6-2006 by Ord. No. 391; 4-19-2010 by Ord. No.
442]
(d)
The signature of the President and Secretary
of the Township Board of Commissioners and the Township Engineer.
[Amended 4-19-2010 by Ord. No. 442]
(e)
The signature of the Montgomery County Planning
Commission.
[Amended 3-6-2006 by Ord. No. 391]
B.
Improvement construction plan (where applicable).
(1)
Drafting standards. The same standards shall be required
for an improvement construction plan as for a preliminary plan, except
that the horizontal scale of the plan and profile shall not be in
excess of 50 feet to the inch and the vertical scale of the plan shall
be two feet, five feet, or 10 feet to the inch, whichever is most
appropriate.
(2)
Information to be shown. The plan shall contain sufficient
information to provide working plans for the construction of the proposed
roads, or any portion thereof, including all appurtenances, sewers
and utilities, as shown on the approved preliminary plan from one
existing or approved road to another, or in the case of a cul-de-sac,
to its turnaround. Said information shall include:
(a)
Horizontal plan. The horizontal plan shall show
details of the horizontal layout as follows:
[1]
Information shown on the approved preliminary
plan.
[2]
The beginning and end of each stage of construction
as applicable.
[3]
Stations corresponding to those shown on the
profile.
[4]
The curb elevation at tangent points or horizontal
curves at road intersections and at the projected intersections of
the curblines.
[5]
The location and size of sanitary sewers and
lateral; connections with distances between manholes, water, gas,
electric, and other utility pipes or conduits, storm drains and inlets.
[6]
The location, type and size of curbs and all
paving widths.
[7]
The location and species of all shade trees
and the location and type of fire hydrants and streetlights.
(b)
Profiles. The profile shall be a vertical section
of the road with details of vertical alignment as follows:
(c)
Cross section. The cross section shall comply
with the Township Engineer's standards and specifications as minimum
requirements. It shall show a typical cross section across the road
with details of grading and construction as follows:
Applicants submitting a land development plan shall be required to show the following in addition to the information required in §§ 310-10 and 310-11 of this article:
A.
The zoning classification and applicable requirements
with which compliance is necessary for granting final approval.
B.
Man-made features for the use of two or more prospective
occupants.
C.
The lot size, floor area and/or gross leasable area
as applicable.
D.
The density including the bedroom mix, if applicable.
E.
All roads, parking facilities and pedestrianways (including
the total number of parking spaces).
F.
The areas of common open space or facilities.
G.
A conceptual site utilization layout defining the
general location of proposed uses and activities.
H.
Specifications for required improvements and changes
to be effected upon the existing terrain or existing structures thereon.
I.
Other information deemed necessary by the Township.
J.
The designation
of all loading and unloading zones.
[Added 10-19-2009 by Ord. No. 438]
K.
The area
designating waste disposal and recycling areas.
[Added 10-19-2009 by Ord. No. 438]
[Amended 11-26-1990 by Ord. No. 217; 10-30-2000 by Ord. No.
314; 1-22-2001 by Ord. No. 326]
The following plan processing procedures shall
be followed by all applicants for approval of a subdivision or land
development plan:
A.
All plans filed for approval shall be submitted in
the following order:
(1)
Tentative sketch plan (optional or as required for subdivision or land development in § 310-8A of this article).
(2)
Minor subdivision plan (may be submitted in satisfaction
of preliminary and final plan requirements).
(3)
Preliminary plan (includes subdivision improvement
construction plan and/or land development plan as applicable).
(4)
Final plan, record plan (improvement construction
plan and/or land development plan as applicable).
B.
Each plan, whether tentative, minor subdivision, preliminary
or final shall be filed one at a time; no subsequent plans shall be
filed until a decision on the preceding plan has been reached.
C.
Formal applications for subdivision or land development
shall be received by the Township Secretary at the Township Municipal
Building at any time during regular working hours.
D.
The Township Secretary shall note the date received
on each Township plan approval application form.
E.
Formal applications (minor subdivisions;
tentative sketch plan, if required; preliminary or final) shall consist
of the following:
[Amended 3-6-2006 by Ord. No. 391; 5-20-2019 by Ord. No.
504]
(1)
Township
plan approval application form.
(2)
Not
less than five full sets, one partial set of each plan, and one electronic
copy in digital pdf format, including one eleven-inch-by-seventeen-inch
copy of the plan. The partial sets of each plan shall include at a
minimum the following sheets: subdivision plan, grading and utility
plan and any other sheets necessary for recording, specifically the
signature sheets.
(3)
Copies
of all necessary permits from those government agencies from which
approval is required by federal or state law.
(4)
The
Township filing fee.
(5)
Certification
that any previously required variances and/or special exceptions have
been obtained from the Zoning Hearing Board.
(6)
Appropriate
DEP planning modules.
(7)
Whenever
water supply is proposed to be provided by means other than by private
wells owned and maintained by individual owners of lots within a subdivision
or land development, the subdivider/land developer shall present evidence
(consisting of a certificate of public convenience from the Pennsylvania
PUC or an application for such certification, a cooperative agreement
or a commitment or agreement to serve the area) that the subdivision
or land development is to be supplied by a certified public utility,
a bona fide cooperative association of lot owners or by a municipal
corporation, authority or utility.
(8)
Storm
drainage calculations.
F.
Upon receipt, the Township Secretary
shall forward an electronic copy of the plan to the Montgomery County
Planning Commission via the online portal. In addition, the Township
Secretary shall forward an electronic copy of the plan to the Township
Planning Commission members, the Township Board of Commissioners,
the Township Solicitor, the Township Manager, the Township Authority,
the Township Fire Company, and the Township Public Works Director.
[Amended 3-6-2006 by Ord. No. 391; 5-20-2019 by Ord. No.
504]
H.
Review and recommendations by the Township Engineer,
Township Solicitor and Township Authority shall be forwarded to the
Township Planning Commission within 30 days from the date specified
on the approval application form.
I.
Review and recommendations by the Montgomery Planning
Commission shall be submitted to the Township no later than 30 days
from the date of receipt of plans by it.
J.
All formal applications for approval of a plan shall
be acted upon by the Township Planning Commission and the Board of
Commissioners, and such decisions shall be communicated to the applicant
in writing, within the prescribed time period according to the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. 10101 et seq.
K.
Application for approval of a subdivision or land development plan shall be placed on the agenda of the next regular Township Planning Commission meeting following formal submission of the application. The Township Planning Commission shall advise the applicant of the starting date of the legally prescribed time period for processing the plan as described in Subsection O of this section.
L.
The applicant, or his agent, shall appear in person
at the time the Township Planning Commission reviews the plan.
M.
If, during the review of the Township Planning Commission,
it is determined that a variance and/or special exception is necessary
then the applicant shall apply to the Zoning Hearing Board for such.
N.
The Township Planning Commission shall recommend to
the Board of Commissioners in writing the reasons for disapproval,
approval or conditional approval.
O.
The Board of Commissioners shall act on a minor, preliminary
or final plan within 90 days of the next regular meeting of the Township
Planning Commission, provided that the application is received or
a final order of a court remanding an application is rendered 21 days
prior to such meeting. If, however, the next regular meeting of the
Township Planning Commission occurs more the 30 days following the
receipt of the application, or of the final order, the said ninety-day
period shall be measured from the 30th day following the date the
application was received or ordered granted.
P.
When deemed appropriate, the Township may request
the applicant to agree, in writing, to an extension of the time period
prescribed (such as, but not limited to, time required to secure a
variance or special exception or to resolve a design problem, etc.).
Q.
If the Board of Commissioners disapproves the plan, the Township Secretary shall notify the applicant in writing, describe the requirements which have not been met and shall site the provisions of state law or Township ordinance by section number relied upon for such decision. A copy of such notification shall be sent to the Planning Commission. If and when the applicant should reapply requesting approval of the plan, he shall do so in accordance with the plan sequence outlined in Subsection A of this section. The subdivider/land developer shall accept or reject any conditions imposed by the Board of Commissioners, in writing, within 30 days of notification. The approved subdivision/land development plan shall be automatically rescinded upon failure to accept or reject such conditions.
R.
If the Board of Commissioners
approves the plan, seven paper copies shall be signed and sealed by
the Board of Commissioners and the Township Planning Commission.
[Amended 5-20-2019 by Ord. No. 504]
S.
An approval of a plan without conditions or approved
by the applicant's acceptance of conditions shall be effective for
a period of five years, unless extended by the Board of Commissioners.
Where final approval is preceded by preliminary approval, the five-year
period shall be counted from date of preliminary approval. No subsequent
change or amendment in zoning, subdivision or other governing ordinance
or plan shall be applied to adversely affect the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval.
T.
In addition, where the landowner has substantially
completed the required improvements as depicted on the final plan
within the five-year limit, or any extension thereof as may be granted
by the Board of Commissioners, no change of Township ordinance or
plan enacted after the date of the filing of the preliminary plan
shall modify or revoke any aspect of the approved final plan pertaining
to zoning classification or density, lot, building, road or utility
location.
U.
If the development is proposed in phases in which
the installation of improvements shall extend beyond the five-year
period, then the following shall be done:
(1)
The landowner shall file a schedule along with the
preliminary plan. Said schedule shall depict the proposed development
sections and include deadlines within which application for final
plan approval of each section is intended to be filed. The schedule
shall be updated annually by the applicant on or before the anniversary
date of preliminary plan approval. The schedule update must be done
until final plan approval for the final section is granted. Said schedule
and its modifications are subject to approval of the Board of Commissioners.
(2)
In the case of residential subdivisions or land developments
which are to be developed in sections, each section, except the final
section, must contain at least 25% of the total number of dwelling
units in the entire development unless the Board of Commissioners
approves a lesser percentage.
(3)
If the landowner does not adhere to the schedule of
submission of final plans for the various sections, then any changes
in zoning, subdivision, or other governing ordinances enacted after
the date of initial preliminary plan submission shall affect his property.
(4)
If the landowner does not default with regard to the
schedule of submission of final plan for the various sections, has
not violated any conditions of preliminary approval and has substantially
completed the initial section of the development within the five-year
period, then an additional term or terms of three years shall be extended
to the applicant to complete each of the other sections. The extended
term or terms shall begin from the date of final plan approval for
each section. During this three-year period no change in Township
ordinance or plan enacted subsequent to the date of filing of the
preliminary plan shall modify or revoke any aspect of the approved
final plan pertaining to zoning classification or density, lot, building,
road or utility location.
V.
If the Board of Commissioners determines that only
a portion of a proposed plan can be safely developed, it shall limit
development to that part and shall require that development proceed
consistent with this determination.
W.
When the applicant does not intend to develop the
plan himself and the Board of Commissioners determines that additional
controls are required to insure safe development, it may require the
applicant to impose appropriate deed restrictions on the land. Such
deed restrictions shall be inserted in every deed and noted on the
record plan.
X.
The approval of a subdivision or land development
plan near or within the floodplain shall not constitute a representation,
guarantee, or warranty of any kind by the Township or by any official
or employee thereof of the practicability or safety of the proposed
plan and shall create no liability upon Upper Pottsgrove Township,
its officials or employees.
[Amended 4-19-2010 by Ord. No. 442]
Upon approval of a final plan of subdivision
or land development, the applicant shall, within 90 days of such final
approval, record such plan in the office of the Recorder of Deeds
of Montgomery County, Pennsylvania. The approved final plan shall
bear the official signature and seal of Upper Pottsgrove Township
and the review stamp of the Montgomery County Planning Commission
prior to recording. Two recorded plans shall be submitted to the Township.
[Amended 1-8-2001 by Ord. No. 324]
A.
Applicability. The requirements of this section shall
apply to all developers and owners (hereinafter referred to as "seller")
who are selling vacant residential lot(s) or newly constructed home(s)
[hereinafter collectively referred to as "new residential property"]
to a member of the general public.
B.
Intent. These requirements are intended to ensure
that new home buyers are informed about limitations, easements and
restrictions on their property, the general nature of the subdivision
and land development in which the property is located and potential
development on abutting properties.
C.
Residential disclosure requirements and statement.
(1)
Before signing a sales agreement for any new residential
property or vacant residential lot, the seller shall:
(a)
Disclose to the buyer information regarding
any limitations, easements and restrictions on the new residential
property or vacant residential lot, the general nature of the subdivision
and land development of the new residential property and potential
development on abutting properties.
(b)
Provide the buyer with the following statement
in substantially the following form:
[Amended 4-19-2010 by Ord. No. 442]
|
TO BUYER:
| |||||
|
The Board of Commissioners is pleased with your
interest in purchasing a home or vacant residential lot in Upper Pottsgrove
Township. Buying a home is probably the largest single investment
you will ever make. The process if full of details that can be confusing
and sometimes a bit uncertain — even for experienced buyers.
With that in mind, the Board of Commissioners wants to make sure you
gather certain information on the home and its surrounding area so
that you are informed of its general nature.
| |||||
|
The Board of Commissioners recommends you gather
information on the following:
| |||||
|
The location of parklands and open space within
the surrounding area.
| |||||
|
All uses permitted in the zoning district in
which the home is located and all zoning districts abutting the home.
| |||||
|
Membership in a homeowner's or condominium association,
if required.
| |||||
|
The location of all easements, including rights-of-way,
through and abutting the property and a description of the terms of
such easements.
| |||||
|
The location of stormwater detention/retention
basins, stormwater swales and existing/proposed watercourses on the
property and within 100 feet of the property.
| |||||
|
Pending subdivision and land development plans
in the surrounding area.
| |||||
|
Availability of public sewer and public water
for the property.
| |||||
|
This is not a complete list of all information
you need to make an informed decision but is offered to assist you
in obtaining certain basic information. You should consult with an
attorney to know your rights in purchasing a home. You should also
discuss with the realtor, broker or attorney any questions you may
have about purchasing a new home.
| |||||
|
You may contact the Township office located
at 1409 Farmington Avenue, Pottstown, PA 19464, (610) 323-8675 for
more information.
| |||||
|
Sincerely,
| |||||
|
Upper Pottsgrove Township
| |||||
|
Board of Commissioners
| |||||
|
ACKNOWLEDGEMENT:
| |||||
|
I/We, the undersigned, acknowledge receipt of
the above letter from the Board of Commissioners.
| |||||
|
Buyer
|
Date
| ||||
|
Seller
|
Date
| ||||
(c)
A copy of the above form may be made available
at the Upper Pottsgrove Township Office.
(2)
The Township shall not issue a use and occupancy permit
or a building permit in the event the new residential property is
a vacant lot without an acknowledgment of receipt of the above statement
executed by the buyer(s).
