A.
From and after the effective date of this chapter, no
subdivision or development of any lot, tract or parcel of land within the
Township shall be made, and no street, sanitary sewer, storm sewer, water
main or other facility in connection therewith shall be laid out, constructed,
opened or dedicated for public use or travel or for the common use of occupants
of buildings abutting thereon, unless and until a plan for subdivision or
land development or site development has been approved by the Board of Supervisors
and recorded and until the improvements required by the Board of Supervisors
in connection therewith have either been constructed in strict accordance
with the standards and specifications of the Township or guaranteed as provided
in this chapter, and further conditioned upon said activity being performed
in strict accordance with the provisions of this chapter.
B.
No lot in a subdivision or land development may be sold,
no permit to erect, alter or repair any building upon land in a subdivision
or land development may be issued, no building may be erected, and no changes
may be made in the contour of the land; and no grading, excavating, removal
or destruction of the topsoil, trees or other vegetative cover of the land
may be commenced in a subdivision or land development unless and until a plan
for the subdivision or land development has been approved by the Board of
Supervisors and recorded, and until the improvements required by the Board
of Supervisors in connection therewith have either been constructed in strict
accordance with the standards and specifications of the Township or guaranteed
as provided in this chapter.
C.
Said standards and specifications, particularly as presented
in Article V of this chapter, are declared to be a minimum guaranty that all
streets shown on any proposed plan are of sufficient width and proper grade
and so located as to accommodate the probable volume of traffic thereon, afford
adequate light and air, facilitate fire protection, provide access for fire-fighting
equipment to buildings and provide a coordinated system of streets conforming
to the Township's Official Plan of Streets; and further, that the land whereon
buildings are to be constructed is of such character that it can be used for
building purposes without danger to health or peril from fire, flood, or other
hazard and that all necessary or required erosion and sedimentation facilities
be installed prior to or during the initial phase of construction of the subdivision
or land development.
If a tract or parcel of land is planned and designed for separate developments
or uses, although said tract or parcel remains under single ownership, each
such development or use shall contain the minimum lot area, setback and yard
requirements as stipulated in Chapter 150, Zoning. In the event that the ownership
of a particular development or use is to be subdivided for transfer or sale,
such subdivision shall contain the minimum area, setback, yards and all other
requirements of the Township.
A.
Upon the approval of a final plat, the developer shall
within 90 days of such final approval record such plat in the office of the
Recorder of Deeds of the county in which the Township is located. The developer's
responsibility to record such plat shall be performed by allowing Antrim Township
to record the plat. The developer shall be responsible for the payment of
any and all recording fees. The Recorder of Deeds shall not accept any plat
for recording unless such plat officially notes the approval of the Board
of Supervisors and review by the county planning agency.
B.
The recording of the plat shall not constitute grounds
for assessment increases until such time as lots are sold or improvements
are installed on the land within the subject plat.
C.
Any subdivision or land development plans submitted to
the Township of Antrim for approval must contain a note stating whether or
not the improvements on said plans shall be offered for dedication to the
Township of Antrim or the Municipal Authority. If any improvements on the
plan are intended to be dedicated to the Township of Antrim or the Municipal
Authority, then said dedication shall be offered to the Township or the Authority
prior to final inspection of the improvements being made by the Township or
the Authority. The improvements shall be dedicated by legal documents prepared
by the individual owning the improvements to be dedicated. The legal documents
shall be submitted to the Township or Municipal Authority at least 30 days
prior to the date scheduled for final inspection. The individual owning the
improvements to be dedicated shall be responsible for any Solicitor fees required
to be paid by the Township or the Authority in the dedication process.
[Amended 10-4-2005 by Ord. No. 295]
The subdivision and land development plans shall be subject to approval,
modification or rejection by the Board of Supervisors. In the event that such
a plan is disapproved, the reasons therefore shall be set forth in writing.
All plans shall be referred to the Planning Commission for its review and
recommendations.
The subdivider or land developer shall submit preliminary copies of
proposed plans to the Township Administrator, and the Township Administrator
shall distribute the required number of copies to the Township agencies concerned
as provided for in §§ 125-18 and 125-19. All plans when first
submitted shall be considered preliminary plans. If the subdivider or land
developer makes substantial revisions in his or her plans after they have
been approved in preliminary form, such revised plans shall be treated as
preliminary plans when resubmitted. Upon approval of the preliminary plans,
the subdivider shall submit final plans to the Township Administrator and
the Township Administrator shall distribute the required number of copies
to the Township agencies concerned as provided for in § 125-22.
Mobile home park plans shall be reviewed in the same manner as subdivision
and land development plans.
[Amended 10-24-1995 by Ord. No. 239]
Subdivision and land development plans shall be reviewed by the Planning
Commission at its first regular meeting following the date of submittal, provided
that such plans are submitted at least 10 business days prior to the meeting.
Meetings of the Planning Commission at which plans are reviewed shall be open
to the public.
A.
Approval of preliminary plans by the Board of Supervisors
shall be considered approval of the arrangement and dimensions of streets,
lots and other features shown on the plans and may be made conditionally on
specified changes to be incorporated in the plans.
B.
No subdivision or land development plan shall be approved
unless:
C.
The Board of Supervisors will not consider the preliminary
plan for approval until the report of the review of the plan is received from
the County Planning Commission, Department of Environmental Protection and
the Soil Conservation District. However, if said reports are not received
in a time sufficient to meet the time limits as set forth in §§ 125-19
and 125-20 of this chapter, or if the Board of Supervisors deems it appropriate,
then the Board may conditionally approve the preliminary plans subject to
any modifications that the Supervisors deem necessary as a result of the reports
from the County Planning Commission, Department of Environmental Protection
and the Soil Conservation District.
D.
The Board's approval of the final plans shall be given
only after the requirements and conditions indicated on or in connection with
the preliminary plans have been met, and said approval shall constitute final
Township approval for the purpose of recording the plans in the office of
the County Recorder of Deeds.
E.
Before acting on any plan, the Board of Supervisors may
arrange for a public hearing thereon after giving such notice as it may deem
necessary and desirable in such case.
A.
Subdivision. When an entire tract of land is proposed
to be divided into not more than two lots, the Township may grant that requirements
for submittal of preliminary plans be waived upon application of the subdivider
and that approval be granted on the basis of the final plan as submitted,
provided that all other applicable Township requirements have been met.
B.
Exemptions. The following are exempt or partially exempt
from the provisions of this chapter:
(1)
The conversion of an existing single-family detached
dwelling or single-family dwelling semidetached into not more than three residential
units, unless such units are intended to be a condominium.
(2)
The addition of an accessory building, including farm
buildings, on a lot or lots subordinate to an existing principal building.
(3)
The addition or conversion of buildings or rides within
the confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an "amusement park" is defined as a tract
or area used principally as a location for permanent amusement structures
or rides. This exclusion shall not apply to newly acquired acreage by an amusement
park until initial plans for the expanded area have been approved by proper
authorities.
C.
Modifications.
(1)
The Board of Supervisors may grant a modification of
the requirements of one or more provisions of this chapter if the literal
enforcement will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modifications will not be contrary
to the public interest and that the purpose and intent of this chapter is
observed.
(2)
All requests for a modification shall be in writing and
shall accompany and be a part of the application for development. The request
shall state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this chapter
involved and the minimum modification necessary.
(3)
The request for modification shall be referred to the
Planning Commission for advisory comments.
(4)
The Board of Supervisors shall keep a written record
of all action on all requests for modifications.
The following fees shall be paid by the subdivider or developer to the
Township:
B.
Filing a final plan. Charges will be based on the preliminary
plan fee schedule.
C.
Review fees.
(1)
Review fees shall include the reasonable and necessary
charges by the Township's professional consultants, Solicitor or Engineer
for review and report to the Township, and shall be set by resolution. Such
review fees shall be reasonable and in accordance with the ordinary and customary
charges by the Township Engineer or consultant for similar service in the
community, but in no event shall the fees exceed the rate or cost charged
by the Engineer or consultant to the Township when fees are not reimbursed
or otherwise imposed on applicants.
(2)
In the event that the applicant disputes the amount of
any such review fees, the applicant shall, within 10 days of the billing date,
notify the Township that such fees are disputed, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
(3)
In the event that the Township and the applicant cannot
agree on the amount of review fees which are reasonable and necessary, then
the fees shall be recalculated and recertified by another professional engineer
licensed as such in the commonwealth and chosen mutually by the Township and
the applicant or developer. The estimate certified by the third engineer shall
be presumed fair and reasonable and shall be the final estimate. In the event
that a third engineer is so chosen, fees for the services of said engineer
shall be paid equally by the Township and the applicant or developer.
The conference and any other communications shall be kept as confidential
as possible. Before going ahead with the preliminary plan procedure or with
steps to acquire land or subdivide, the subdivider or developer should be
familiar with these regulations and should consult with the Township about
the following factors:
A.
The suitability of the site for development.
B.
The demand for a development of the type proposed in
the particular location proposed.
C.
The accessibility of the site.
D.
The availability of public facilities (schools, parks,
water, sanitary and storm sewerage, etc.) and public services (police, fire,
refuse disposal, etc.).
E.
The effect on the project of any contemplated improvements
or the proposals of any comprehensive plan and these regulations.
F.
Sewage facilities requirements of the Department of Environmental
Protection and the Township.
G.
Erosion and sedimentation plans and permits as required
by the Department of Environmental Protection and as reviewed by the Franklin
County Conservation District.
I.
Precautionary measures to preserve or protect historic
and natural features.
J.
Approvals by all appropriate state and federal agencies.
It is suggested that, prior to the consultation with the Planning Commission,
the subdivider prepare a sketch plan of his or her proposed development. It
is suggested that the subdivider or developer submit sufficient data to the
Planning Commission for purposes of generally illustrating and discussing
the proposed project.
The following material shall be submitted by a bonded engineer with
an application for review and approval of preliminary plans:
A.
Eleven copies of the subdivision or land development
plan in the form of a map or series of maps on sheet sizes either 8 1/2
by 14 inches, 18 by 24 inches or 24 by 36 inches drawn to a scale not smaller
than 100 feet to the inch and showing the following:
(1)
The limits and dimensions of the tract to be subdivided
or developed and the proposed name or identifying title of the project.
(2)
The date, scale and North point.
(3)
Existing and proposed streets, including the name, width
of the right-of-way and cartway.
(4)
The location and dimensions, where applicable, of existing
buildings, railroads, easements, rights-of-way, public lands, tree masses,
streams and other features and monuments.
(5)
The location and dimensions of proposed easements, existing
property lines, Township boundary lines, rights-of-way, proposed driveways
and land reserved for public purposes; and the location, course and dimensions
of existing and proposed sanitary and storm sewer and water facilities.
[Amended 10-24-1995 by Ord. No. 239]
(6)
The standards for preliminary and final plans as follows:
(b)
Vertical control surveying accuracy and contours:
[1]
Vertical error of closure: 12 millimeters * (K), where
K is length of the traverse in kilometers; or 0.072 foot * (M), where M is
the length of the traverse in thousands of feet.
[2]
Contour accuracy and precision: +1/2
[3]
Site plans shall use a two-foot contour interval for
all projects requiring public improvements. For slopes greater than 20%, five-foot
contour intervals may be used.
[4]
Elevations shall be referenced to vertical controls established
by any accepted federal agency (NOS, USGS, AMS) and a suitable bench mark
shall be established within the project and referenced on the plan.
(c)
Drawings shall include the source of the survey, topographical
features, date of field work and by whom.
(d)
Township roads by name and route number.
(e)
Minimum drawings or computation sheet size shall be 8 1/2
by 11 inches.
(f)
Maximum drawing sheet size shall be 24 by 36 inches.
(7)
The name and address of the subdivider or developer.
The name, seal and signature of the professional engineer or registered surveyor,
as warranted by the magnitude of the project and the professional responsibility,
who shall have prepared the plan. The name and address of the owner of the
tract and the names of the owners of adjoining tracts.
(8)
A location map showing the proposed project in relation
to adjacent properties and existing streets in that vicinity of the Township.
(9)
A statement of acknowledgment in legal form, executed
by the owner or equitable owner and acknowledged by a notary public, stating
that the applicant is the owner or equitable owner of the land which is the
subject of the application and that the application as shown on the plat is
the act and deed of the applicant and that it is desired to record same.
B.
Four copies of cross-section drawings for all proposed
streets showing rights-of-way, cartway widths, location of sidewalks and planting
strips. Three copies of profile drawings of all proposed streets showing existing
and proposed grade.
C.
Four copies of plans and profiles of existing and/or
proposed sanitary and storm sewer systems, water distribution systems, and
any other pertinent utilities. Such plans shall include grades, pipe sizes
and the location of valves and fire hydrants. All storm sewer plans shall
indicate the point(s) where surface water enters and leaves the project, the
contributing area of runoff and the estimated volume and method of determination.
D.
The subdivider or land developer shall prepare, for the
use of the Township, four copies of a formal revision to the Township's Official
Sewage Facilities Plan and four copies of any required supporting data. A
plan revision module established by the Department of Environmental Protection
shall be used as the format for the format revision. No preliminary plan shall
be approved until such revision is completed and filed in accordance with
the Department of Environmental Protection Rules and Regulations. The subdivider
must identify a suitable replacement area for each lot. All proposed subdivisions
of 10 lots or more underlain by carbonate geology or within 1/4 mile of well
test sites with known and documented nitrate/nitrogen sample results of five
milligrams per liter or greater will require a preliminary hydrogeologic study.
No mini modules (component one) may be approved in these areas.
[Amended 6-23-1998 by Ord. No. 254]
E.
In the event that the plan proposes extension of utility
service into the project by any authority or municipality other than Antrim
Township or its agencies, a statement from the applicable authority or municipality
regarding the adequacy of such service extension.
F.
Whenever a single tract or other parcel of land, or part
thereof, is subdivided or developed such that the subdivision or development
is subject to the rules and regulations of the Department of Environmental
Protection pursuant to the control of erosion and sedimentation, four copies
of an erosion and sedimentation control plan. The design standards and specifications
for said plan are contained in the Erosion and Sedimentation Control Handbook
which has been prepared by the County Conservation District and is on file
in that office and with the Township.
G.
Water supply. If water is to be provided by means other
than private wells owned and maintained by the individual owners of lots within
the subdivision or development, evidence to the Board of Supervisors that
the subdivision 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. A copy of a certificate of public convenience from the Pennsylvania
Public Utility Commission or an application for such certificate, a cooperative
agreement or a commitment and agreement to serve the area in question, whichever
is appropriate, shall be acceptable.
H.
All existing buildings, railroads, easements, rights-of-way,
public lands, tree masses, streams and other features and monuments within
500 feet of the subdivision.
A.
At least seven days prior to the meeting of the Planning
Commission at which initial consideration is desired, the subdivider or developer
shall submit 10 copies of the preliminary plan and accompanying documentation
to the Township Administrator.
B.
Copies of the preliminary plan and supporting data shall
immediately be distributed by the Township Administrator to the following
agencies, when applicable, for review and comment:
(1)
Three copies to Franklin County Planning Commission.
(2)
One copy to the Township Engineer.
(3)
One copy to the Township Municipal Authority.
(4)
One copy to the Pennsylvania Department of Transportation,
if applicable.
(5)
Sedimentation and erosion plans to the Franklin County
Conservation District.
(6)
One copy to the electric power company.
(7)
Liquid waste disposal plan supplements to the Department
of Environmental Protection.
(8)
Remaining copies to the Planning Commission.
C.
The Planning Commission shall take official action on
a preliminary plan within 60 days following the date of the regular meeting
of the Planning Commission next following the date the application is filed,
provided that should said next regular meeting occur more than 30 days following
the filing of the application, said sixty-day period shall be measured from
the 30th day following the day the application has been filed. The Commission
shall note its action on three copies of the plans. The three noted copies
of the plans shall then be forwarded to the Board of Supervisors along with
a recommendation concerning preliminary approval.
D.
The Board of Supervisors shall take official action on
a preliminary plan and communicate it to the applicant after it has received
the report of the Planning Commission and not later than 90 days following
the date of the regular Planning Commission meeting next following the date
the application is filed, provided that should said next regular meeting occur
more than 30 days following the filing of the application, said ninety-day
period shall be measured from the 30th day following the day the application
has been filed. The Board shall note its action on three copies of the plans.
One copy shall be returned to the subdivider or developer and two copies shall
be retained for Township use. If the plan is disapproved, the applicant shall
be notified, in writing, of the requirements which have not been met with
reference to the applicable provisions of this chapter. If a plan is approved
with stipulations, the applicant shall be notified, in writing, of such stipulations.
The Township shall notify the applicant within 15 days.
The Planning Commission may require that the following materials be
submitted with an application for approval of a final plan. Final plans shall
conform in all important details with preliminary plans as previously approved,
and any conditions specified in the approval of preliminary plans shall be
incorporated in the final plans.
A.
Eight copies of the plan in the form of a map or series
of maps, drawn to a scale of not smaller than 100 feet to the inch, on sheets
size 8 1/2 by 14 inches or 24 by 36 inches. Where more than one sheet
is required, an index map of the entire project at a smaller scale shall be
shown on a sheet of the same size. The Planning Commission may require final
plans at a scale of 50 feet to the inch as a condition of preliminary plan
approval to assure legibility in cases warranted by the complexity of the
proposal. At least one copy of such map shall be made on a stable reproducible
plastic or linen material, and the error of closure shall not be more than
one part in 10,000. Such final plans shall show:
(1)
The items required to be shown in preliminary plans,
as specified in § 125-18.
[Amended 10-24-1995 by Ord. No. 239]
(2)
Final topographic contours in those areas recommended
by the Commission and approved by the Supervisors at not more than ten-foot
vertical intervals. Contours shall have a maximum spacing of 100 feet.
(3)
The location of all proposed monuments, streetlights
and street signs.
(4)
The location of minimum building setback lines.
(5)
For any subdivision or land development within the Agricultural
District (A) or which abuts the Agricultural District (A) boundary, the following:
"Warning: The lot or lots proposed by this plan are in the Agricultural District
(A). The primary use of such district is agricultural and residents shall
expect the smell of farm animals and the manure they produce, toxic chemical
sprays, slow-moving agricultural machinery on local roads and other by-products
of agricultural activity."
B.
Four copies of a utility map or maps showing tract boundaries,
existing and proposed streets, lot lines, sanitary and stormwater sewer facilities,
water pipes, curbs, sidewalks, fire hydrants and manholes.
C.
Four copies of profile and cross-section maps or diagrams
of streets showing proposed grades of curbs, sanitary and stormwater sewers,
water pipes, underground utilities and water management facilities.
D.
An erosion and sedimentation control plan and/or earthmoving
permit when required pursuant to the Clean Streams Law.
[Amended 7-8-1997 by Ord. No. 246]
E.
A statement of the types of structures to be erected,
and a summary table of the number of structures and dwelling units proposed.
F.
Suitable documentation that the plans are in conformance
with building, sanitation and other applicable Township ordinances and regulations
and with the regulations governing the extension of utility services into
the Township. In any instance where such plans do not conform, evidence shall
be presented that an exception has been officially authorized.
G.
Evidence that the subdivider or developer has installed
the necessary street and other improvements as required in accordance with
Township standards and specifications, or that the subdivider has furnished
the Township the following assurances that said improvements will be installed:
(1)
A written agreement concerning improvements not yet completed
in a form provided by the Township that the subdivider or developer shall
construct all required improvements in accordance with Article V herein as
a condition of the approval of the plan by the Board of Supervisors within
the time or times specified herein.
(2)
A bond in such amount, under such conditions and form
and with surety, as shall be approved by the Board of Supervisors to guarantee
the performance of the subdivider's or developer's undertaking in Subsection
G above, to secure the completion of all required improvements within the
time therein specified and a written agreement that upon acceptance of said
streets or improvements, the subdivider or developer shall provide a maintenance
bond in the form and with surety as shall be approved by the Board of Supervisors
to guarantee the maintenance of all required improvements for a period of
not less than 18 months from the date of acceptance of said improvements by
the Township. In lieu of a bond, the subdivider or developer may deposit cash
or securities with the Township or with a bank or trust company to guarantee
performance of said contract and to secure completion of the improvements
under an escrow agreement reviewed by the Township Solicitor and approved
by the Board of Supervisors.
[Amended 7-8-1997 by Ord. No. 246]
A.
No subdivision or land development plans shall be given
final approval until all applicable fees prescribed in Chapter 110, § 110-9,
have been paid in full, except that tapping fees for each EDU within the subdivision
need not be paid until individual building permits are applied for and issued
for each EDU within the subdivision.
B.
Subsection A above shall not apply to building lots with
existing laterals at the time of enactment of this subsection, nor to any
subdivision and land development plans submitted and approved prior to the
effective date of this subsection, provided that improvements are constructed
upon any such lots and such improvements are physically connected to the public
sewer system within two years from the date of enactment of this subsection.
A.
At least seven days prior to the meeting of the Planning
Commission at which initial consideration is desired, the subdivider or developer
shall submit the original drawings and eight copies of the final plan and
accompanying documentation to the Township Administrator. The final plan submission
shall occur not more than three years following the date of approval of the
preliminary plan. Failure to submit the final plan within this time period
shall make the approval of the preliminary plan null and void unless an extension
of time is requested by the subdivider and granted by the Board of Supervisors.
B.
A final plan may be prepared for only a portion of the
approved preliminary plan where a subdivider or developer wishes to undertake
the development of a project in sections or stages.
C.
Copies of the final plan and supporting data shall be
distributed by the Township Secretary to the following agencies where applicable:
(1)
Two copies to the County Planning Commission for review
and comment.
(2)
One copy to the Township Engineer for review and preparation
of cost estimates on improvement construction.
(3)
One copy to the Municipal Authority, if applicable.
(4)
One copy to the electric power company.
(5)
The original and the remaining copies to the Township
Planning Commission.
D.
Within 60 days following the date of the regular meeting
of the Planning Commission next following the date the application is filed,
the Planning Commission shall consider the comments of the other reviewing
agencies and shall recommend either approval or disapproval of the final plan
and communicate its decision to the applicant; provided that, should the next
regular meeting of the Planning Commission occur more than 30 days following
the filing of the application, said sixty-day period shall be measured from
the 30th day following the day the application has been filed.
E.
Action by Board.
(1)
The Township Supervisors shall take official action on
each subdivision or land development plan within 90 days following the date
of the regular meeting of the Planning Commission next following the date
the application is filed and shall note or stamp its action on all copies
of the plan. Should the next regular meeting of the Planning Commission next
following the date the application is filed occur more than 30 days following
the filing of the application, said ninety-day period shall be measured from
the 30th day following the day the application has been filed. Distribution
of the copies of the plan as finally approved shall be as follows: one to
the Engineer; one copy to be retained in the Township Manager's files; and
one copy to the Planning Commission; and the original and one copy to the
subdivider or developer.
(2)
If the plan is disapproved, the subdivider or developer
shall be notified, in writing, of the requirements which have not been met
with reference to the applicable provisions of this chapter. The Township
shall notify the applicant, in writing, of its decision within 15 days.
F.
Within 90 days following approval by the Board of Supervisors
the final plan shall be recorded by the subdivider or developer at the county
Recorder of Deeds' office.
G.
The Township Board of Supervisors shall not approve a
final plan without a favorable report from the Department of Environmental
Protection regarding the Official Plan supplement or revision, when applicable.
However, failure of the Department of Environmental Protection to report to
the Township within the time provided by the applicable laws of the commonwealth
shall constitute a favorable report.
The Board of Supervisors may pass, by resolution at any time after enactment
of this chapter, any rules and/or regulations it deems necessary to implement,
effectuate, interpret, enforce, construe or apply to this chapter.
