[Amended 12-26-1990 by Ord. No. 90-12; 7-22-1993 by Ord. No. 93-10; 4-6-1994 by Ord. No. 94-38-19-1999 by Ord. No. 99-11; 12-6-2000 by Ord. No.
2000-13; 2-4-2009 by Ord. No. 2009-1; 3-5-2014 by Ord. No.
2014-2; 11-4-2020 by Ord. No. 2020-03]
The standards, requirements, and procedures contained in this
article shall govern the filing and processing of all applications
for subdivision and/or land developments in the Township of Lower
Salford.
All applications for subdivision and/or land development shall
be classified as sketch plans, preliminary plans, final plans, or
minor plans, as further regulated herein. Figure 3.1 graphically presents
the general plan processing procedure.
A.
Sketch plans.
(2)
When only a portion of a property is proposed as a currently active
proposal, applicants are required to submit sketch plans for the remainder
of the site as a part of the preliminary plan submission. The sketch
plan shall show how the immediate proposal can fit logically into
an overall plan for the entire site.
D.
Minor plans. Applications which qualify as minor plans may be submitted for concurrent preliminary and final plan processing and approval, in accordance with the standards and requirements of § 142-20, Minor plan filing requirements and review procedure.
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Figure 3.1. Subdivision and Land Development Process
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A.
Purposes. The purposes served by a sketch plan are as follows:
(1)
To inform the Township of Lower Salford of an applicant's intent
to subdivide and/or develop a property, and graphically show the concepts
and extent of the proposal.
(3)
To present a plan for the entire tract of land depicting how such
tract may be further subdivided or developed, in cases where only
a portion of a property is currently under an active proposal.
(a)
This plan shall show a logical and efficient pattern of roads,
lots, and/or buildings, as appropriate for the type of plan proposed,
and shall not be acceptable if it proposes lotting or development
that would adversely impact floodplain, steep slopes, or other important
site features.
(b)
A sketch plan may be shown on the preliminary plan for the subject
site in the form of a reduced-scale inset drawing, although larger
scale drawings are encouraged for review and discussion purposes.
(4)
Sketch plans shall have no legal standing with regard to the formal
plan approval process mandated by the Pennsylvania Municipalities
Planning Code,[1] but are recommended and will be considered as a tool for
discussion and guidance regarding future development issues.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Sketch plan information. A sketch plan should be drawn legibly and
to scale of not greater than 1:200, but it need not be a precisely
surveyed or engineered plan, and it should show the following information:
(1)
The entire tract boundary, total acreage, and acreage of each lot.
(2)
Existing and proposed streets, lots, buildings, approximate building
envelopes and other Improvements.
(3)
Significant physical features such as floodplain, steep slopes, woodlands,
and existing structures.
(4)
Contour lines at five- and ten-foot intervals, based on U.S.G.S.
datum.
(5)
Approximate locations for stormwater control facilities, if necessary.
(6)
Location plan showing the relationship of the subject tract to the
surrounding road network and major physical features.
(7)
North point and scale.
(8)
Name and address of the owner.
(9)
Zoning district information.
(10)
Name and address of the engineer, surveyor, or architect, if
applicable.
(11)
Any additional information which the applicant believes will
help explain the proposal.
C.
The applicant may also choose to submit alternative sketch plans,
provided that the applicant submits an additional land development
application and fee to the Township.
The Planning Commission shall review sketch plans in accordance
with the criteria contained in this chapter and with other applicable
ordinances. The Commission members shall discuss the plan with the
applicant and advise them as promptly as possible of the extent to
which the proposed subdivision or land development conforms to the
Indian Valley Regional Comprehensive Plan and relevant standards of
this chapter, and will discuss possible plan modifications that would
increase its degree of conformity.
A.
If the applicant chooses to submit a sketch plan, the applicant shall
submit the number of sketch plans required by the Township as stated
in the Township Filing Requirements, on file at the Township Office
and available online. The applicant shall also submit a digital copy
of the plan set to the Assistant Township Manager via email.
B.
The applicant shall make a request to the Lower Salford Township
Manager to be scheduled on the meeting agenda of the Lower Salford
Township Planning Commission for presentation and discussion of the
sketch plan, provided the plan is received 30 days prior to the next
Lower Salford Township Planning Commission meeting. If the plan is
received less than 30 days before the next Planning Commission meeting
the sketch plan may have to be placed on the following Planning Commission
meeting agenda, if deemed necessary by the Township Manager.
C.
Aspects of the sketch plan that shall be specifically evaluated,
with input from Township staff, Township Planning Commission and the
Montgomery County Planning Commission, include, but are not limited
to:
(1)
The location of all areas proposed for disturbance (streets, foundations,
yards, septic disposal systems, stormwater management areas, etc.)
with respect to notable features of natural or cultural significance
as identified on the applicant's plan.
(2)
The potential for street connections with existing streets, other
proposed streets, or potential developments on adjoining parcels.
(3)
The location of proposed access points along the existing road network.
(4)
The general location and extent of open space, preserved land, and
trail system.
(5)
The location and extent and configuration of buildings, parking lots,
and common areas in multifamily and commercial developments.
(6)
The proposed building density and impervious coverage.
(7)
The compatibility of the proposal with respect to the objectives
and policy recommendations of the Indian Valley Comprehensive Plan,
the Lower Salford Township Open Space Plan, and other pertinent Township
plans and studies.
(8)
Consistency with the Zoning Ordinance.
D.
The Township Planning Commission may make suggestions and recommendations
to the applicant during the meeting at which the plan is discussed.
The suggestions and recommendations need not be presented in writing
to the applicant; however, they should be summarized in the minutes
of the Township Planning Commission for reference.
(1)
Recommendations regarding noncompliance with Township ordinance requirements
and/or planning policies must be implemented by the applicant in the
form of plan revisions.
E.
When the Township and applicant have resolved the major concepts
involved in the proposal, the applicant should proceed to preliminary
plan submission.
This section contains the requirements for preliminary plans
for subdivisions and/or land developments in terms of drafting standards,
basic information, existing features, and proposed features.
A.
Drafting standards. Plans shall be professionally prepared in compliance
with the following:
(1)
The plan shall be drawn to a standard engineering scale not exceeding
100 feet to the inch.
(2)
Sheet size shall be 24 inches by 36 inches, appropriately related
to the scale of the drawing.
(3)
All sheets shall be the same size, and be numbered relative to the
total number of sheets (e.g., 1 of 5, etc.).
(4)
Where two or more sheets are needed to show the entire tract, a reduced
scale key plan shall be provided to show how the sheets fit together.
Match lines shall be shown.
(5)
A reduced scale plan of the entire site at a scale greater than 100
feet to one inch may be required in cases where it would facilitate
the review and approval process. Applicants are encouraged to submit
such plans in cases where they are not required.
(6)
Property lines shall be drawn and labeled in conformance with the
act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Surveyor,
and Geologists Registration Act,"[1] and accepted surveying and civil engineering practices,
including dimensions shown in feet and decimal fractions thereof,
and bearings shown in degrees, minutes, and seconds.
(a)
Tract boundary lines shall be the heaviest property lines.
(b)
Proposed lot lines shall be the next heaviest.
(c)
Possible future lots, if shown, shall be the lightest line weight,
and may be shown as dashed lines.
(d)
Property lines to be eliminated where two or more lots are proposed
to be joined in common deed should be properly noted and depicted
on the boundary to be removed.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
Basic information. All preliminary plans shall show the following
basic information:
(1)
Name of the subdivision or land development.
(2)
Name, address, email, and phone number of applicant.
(3)
Name, address, email, and phone number of the firm which prepared
the plan and professional seal of the individual certifying its accuracy
and compliance with applicable standards.
(4)
Date of preparation of the plan and a descriptive list of revisions
to the plan, and the revision dates.
(5)
North point and scale displayed in graphic and written form.
(6)
Location plan showing the relationship of the subject tract to the
surrounding road network, adjacent properties, and major physical
features.
(7)
The entire tract boundary with bearings and distances and total tract
acreage.
(8)
A list of the basic dimensional and density requirements of the applicable
zoning district, compared to the applicant's proposal.
(9)
Zoning classification(s) of all lands abutting the proposal.
(10)
Names of all current owners of immediately adjacent lands.
(11)
A statement showing:
(a)
Number of acres under proposal (net and gross acreage should
be indicated in accordance with the zoning ordinance).
(b)
Number of lots and/or dwelling units and total building area.
If existing buildings are to be reused, the building area should be
expressed as existing building area and proposed building area.
(c)
Linear feet of new streets.
(d)
Linear feet of streets to be widened.
(12)
Description of variances or special exceptions, conditions of
their approval, and the dates they were granted, if any.
(13)
Description and depiction of the location (if applicable) of
any easements and deed restrictions, including conservation and environmental,
or other covenants affecting development of the tract. This information
should contain the name of the easement holder or parties in the covenant
agreement and a reference to their deed and page book recording location.
(14)
The requirements of any other local ordinance which may affect
the proposal.
(15)
Name and address of the owner of record.
(16)
Tax parcel number(s) of all parcels being subdivided or developed.
(17)
Deed book and page numbers for all parcels being subdivided
or developed.
(18)
A note shall be shown on the plan which states "Preliminary
Plan - Not to be Recorded."
(19)
The plan shall bear an adequate legend to indicate clearly which
features are existing and which are proposed, and include a description
of all symbols used.
(20)
Description of any waivers requested or expected to be necessary.
C.
Existing features plan. Within the tract proposed for subdivision
and/or land development, and within 100 feet of the tract boundaries,
the following information shall be shown on the preliminary plan:
(6)
(8)
Contour information including:
(a)
Contours at a vertical interval of two feet, accurately drawn
from photogrammetric or on-site survey data for the entire site area,
and for an area extending 100 feet beyond the tract boundaries.
(b)
Areas with slopes of 15% or greater should be adequately depicted,
as determined from the contours shown on the plan.
(9)
Other man-made features, including:
(a)
Location, size, character, and configuration of existing buildings
or structures, driveways, parking lots or any type of paved surface,
labeled "To Remain" or "To Be Removed" as applicable.
(b)
Location and description of existing buildings and other structures
less than 100 feet beyond the tract boundaries, or a legible aerial
showing all features within 100 feet of the tract boundaries. If an
aerial is used it must be less than five years old and show all recent
development adjacent to the tract boundary.
(c)
Location, size, type, and ownership of utilities, both above
and below ground, with notes to describe:
D.
Proposed features and lotting plan. Within the tract proposed for
subdivision and/or land development, the following information shall
be shown on the preliminary plan:
(1)
Subdivision and/or land development layout.
(a)
Proposed streets, alleys, driveways, and parking areas, including:
[1]
Names or other identification.
[2]
Right-of-way widths and lines.
[3]
Cartway widths.
[4]
Center line courses, distances, and curve data.
[5]
Curblines.
[6]
Radii at intersections.
[7]
Street location tie-ins to nearest intersection by courses and
distances.
[8]
Capacity of parking areas.
[9]
Sight distance at proposed intersections with existing streets.
[10]
Location and type of all traffic control signs,
signals, and devices proposed to be installed.
[11]
Rights of way or easements proposed for drainage.
[12]
Plan of street lighting indicating location and
type of fixtures to be installed.
(b)
Layout and dimensions of all lots, including the net and gross
lot area as defined within the Zoning Ordinance.
(c)
All building setback lines (including existing buildings to
be used).
(d)
All parking setback lines, where applicable.
(e)
Proposed sidewalk or other walkway locations.
(f)
Proposed buildings, including:
(g)
(h)
(j)
Impervious coverage area calculations.
(k)
Proposed landscaping plan including:
[1]
Existing vegetation to be removed.
[2]
Existing vegetation to be preserved, including method of protecting
existing vegetation.
[3]
A plan of proposed plantings showing the locations of street
trees, parking lot landscaping, stormwater facilities landscaping,
and any required buffer areas.
[4]
Proposed planting schedule showing all landscape requirements,
and plantings proposed to meet these requirements, including the number,
location, and species and sizes of plantings. Latin and common names
should be included for all plantings.
[5]
Calculation showing the number of replacement trees that are
required, based on the number of mature trees and specimen trees that
are not preserved.
[6]
Information in the form of notes or specifications concerning
seeding, sodding, groundcover, mulching, etc.
[7]
Existing and proposed contours including related landscape features
such as mounding and water features.
[8]
Other planting areas such as managed meadow or other naturalized
settings.
(l)
Proposed outdoor lighting plan. Proposed fixtures roadways,
parking lots, and other public areas.
[1]
A detailed ten-foot grid showing the horizontal maintained footcandle
levels at grade, to the boundary of the site or past the boundary
until the illumination values reach 0.0 footcandles.
[2]
The minimum and average, and maximum maintained illumination
levels for the areas being illuminated to demonstrate compliance with
lighting requirements in the Township.
(2)
Grading and drainage plan. The following information shall be shown
on the preliminary plan:
(a)
Proposed contours for the entire site.
(c)
Stormwater management and erosion control and sedimentation
facilities, including:
[1]
Basins.
[2]
Swales.
[3]
Diffusion devices.
[4]
Velocity controls.
[5]
Pipe locations.
[6]
Pipe sizes and materials.
[7]
Direction of flow.
[8]
Gradient of flow.
[9]
Inlets, catch basins, and manholes.
[10]
Invert elevations.
[11]
Design calculations for these facilities shall
be submitted in report form with a note on the plan referencing the
report.
(3)
(4)
Cross sections, profiles, and preliminary structural designs. The
following shall be provided:
(a)
Cross section and centerline profile for each proposed or widened
cartway, and cross sections of driveways and parking areas shown on
the preliminary plan including:
[1]
Road center line grades and vertical curvature including road
center line elevations shown at horizontal intervals of 25 feet along
vertical curves and 50 feet for straight grades.
[2]
Profiles and invert elevations for sanitary sewers, water mains,
storm drains, and all other utilities, including locations of manholes,
inlets, and catch basins.
[a]
Location, size, and type of line with stations.
[b]
Slope between manholes or inlets.
[c]
Location of laterals or water services including
fire hydrants, valves, tees and fittings.
[d]
Existing and proposed ground surface with elevation
of rim/grate and invert elevations.
[e]
Location, size, depth, and type of material of
all other utilities in the vicinity of the pipe.
(b)
Preliminary design of any bridges, culverts, or other structures
and appurtenances which may be required.
(c)
Cross section (streets).
[1]
Right-of-way and cartway width.
[2]
Type, thickness, and crown of paving.
[3]
Type and size of curb.
[4]
Grading of sidewalk area.
[5]
Location, width, type and thickness of sidewalks.
[6]
Grading of stormwater swale adjacent to cartway.
[7]
Typical location of sewers and utilities, street trees, street
lights and other Improvements along roads.
(5)
Supporting information.
(a)
A copy of all restrictions or covenants, if any, under which
lots are to be sold.
(b)
Copy of the last recorded subdivision or land development plan
pertaining to the site.
(c)
Traffic impact or water resources impact statement if applicable.
(d)
A plan for the ownership, maintenance, and management of open
space areas.
(e)
Reports or letters regarding availability of sewer and water
facilities.
(f)
Copies of letters and permit applications to all reviewing agencies.
(g)
Stormwater calculations and reports.
(h)
Wetlands delineation study, if applicable.
(6)
Additional plans. Other plans as required to comply with this chapter
or other provisions in the Lower Salford Township Zoning Ordinance.
The procedure contained in this section shall regulate the review
of preliminary plans for subdivision and land development.
A.
The applicant shall submit the number of preliminary plans required
by the Township as stated in the Township Filing Requirements, on
file at the Township Office and available online. The applicant shall
also submit a digital copy of the plan set to the Township via email.
C.
The Township Secretary or Zoning Officer will conduct a cursory review
of the submitted application including administrative forms, preliminary
plans, and other required studies and reports to ensure that the submission
appears to be complete, and will then stamp the plans with the plan
submission date.
D.
The preliminary plan shall be placed on the agenda of the next regularly
scheduled meeting of the Lower Salford Township Planning Commission
following the plan submission date, provided that plans are filed
at least 30 days prior to the meeting date.
E.
The Township Secretary or Zoning Officer shall distribute copies
of the plan to the following for review and recommendations:
(1)
Lower Salford Township Planning Commission.
(2)
Lower Salford Township Board of Supervisors.
(3)
Township Engineer.
(4)
Township Traffic Engineer.
(5)
Montgomery County Planning Commission, along with the required review
fee and completed review request form.
(6)
Township staff including: Solicitor, other Township boards or officials,
sewer and/or water authorities, and/or other technical consultants
as needed.
F.
Upon completion of its review of the preliminary plan, which should
include consideration of the timely recommendations of the Township
Engineer, Montgomery County Planning Commission, and other technical
advisors when requested, the Township Planning Commission shall issue
a letter stating its recommendations to the Board of Supervisors.
G.
The Board of Supervisors shall have a ninety-day time period to act
on the plan unless the applicant has agreed in writing to an extension
of the time period.
(1)
The ninety-day time period shall be measured from the date of the
next regularly scheduled Planning Commission meeting following the
plan submission date.
(2)
If the next regularly scheduled Township Planning Commission meeting
occurs more than 30 days following the plan submission date, then
the ninety-day time period shall be measured from the 30th day following
the plan submission date.
(3)
If an extension of the ninety-day time period is applied, it shall
be measured from the expiration of the original ninety-day period.
H.
The Board of Supervisors shall consider the preliminary plan application
at one or more of its public meetings during the ninety-day time period,
and/or extension thereof if applicable, and shall render a decision
on the plan following receipt of the recommendations of the Township
Planning Commission, Township Engineer, Montgomery County Planning
Commission, and/or other technical advisors and consultants.
(1)
Provided, in accordance with the Pennsylvania Municipalities Planning
Code,[1] that the Board of Supervisors shall not approve an application
until the Montgomery County Planning Commission report of its recommendations
is received, or until the expiration of 30 days from the date the
application was forwarded to the County.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
The applicant or appropriate representatives are encouraged to be
present at all public meetings at which the plan is to be discussed
and should be prepared to provide a presentation of the proposed plan
utilizing paper display maps or digital projected images.
(3)
In accordance with the policies of the Montgomery County Planning
Commission, the date the application was forwarded to the county shall
be considered to be:
I.
Procedure for decision by the Board of Supervisors. The Board of
Supervisors shall, by resolution, deny, approve or approve with conditions
a preliminary plan, and notice of such decision shall be communicated
to the applicant, in accordance with the requirements of the Pennsylvania
Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
All final plans for subdivisions and/or land developments shall
consist of four basic parts: the improvement construction plan, the
record plan, the easements, covenants, and rights-of-way plan, and
the post-construction stormwater management plan, and shall comply
with the requirements of this section. Information on the final plans
should reflect the approved preliminary plans and any conditions made
in the approval of them.
A.
Improvement construction plan.
(1)
Drafting standards. The same standards shall be required for an improvements
construction plan as for a preliminary plan, except that the horizontal
scale of the plan and profile shall not exceed 50 feet to the inch
and the vertical scale of the plan shall be two, four, or five feet
to the inch, whichever is most appropriate.
(2)
Information to be shown. The plan shall contain sufficient information
needed for the construction of the proposed streets, or any portion
thereof, including all appurtenances, sewers and utilities, as shown
on the approved preliminary plan. This information shall include:
(a)
Horizontal plan. The horizontal plan shall show details of the
horizontal layout as follows:
[1]
Information shown on the approved preliminary plan.
[2]
The beginning and end of proposed immediate and future construction.
[3]
Stations corresponding to those shown on the profiles.
[4]
The curb elevation at tangent points of horizontal curves, at
road or alley intersections, and at the projected intersections of
the curblines.
[5]
The location and size of sanitary sewers and lateral connections
and water mains with distances between manholes, gas, electric and
other utility pipes or conduits and of storm drains, inlets and manholes.
[6]
The location, type, and size of curbs and all paving widths.
[7]
The location of fire hydrants and street lights.
(b)
Profiles. The profiles shall show details as follows:
[1]
Profiles and elevations of the ground along the center lines
of proposed streets.
[2]
Profiles of sanitary sewers with a profile over the sewer of
the existing and finished ground surface showing manhole locations
beginning at the lowest manhole.
[3]
Profiles of storm drains showing catch basins, inlet, and manhole
locations, swales, ditches, or related features.
[4]
Profiles of water mains.
(c)
Cross sections. The cross section for each classification of
street shall comply with the Township's standards and specifications
as minimum requirements. It shall show a typical cross section across
the road with details of grading and construction as follows:
[1]
The ultimate right-of-way width and the location and width of
the cartway.
[2]
The type, depth, and crown of paving.
[3]
The type and size of curb.
[4]
When sidewalks are required, grading of the sidewalk area should
be carried to the full width of the ultimate right-of-way.
[5]
The location, width, type and depth of sidewalks, when required.
[6]
The typical locations, size, and depths of sewers and utilities.
[7]
Proposed grading to the ultimate right-of-way line.
(d)
Construction detail drawings. Drawings in sufficient detail
shall be provided for all site improvements.
(e)
Additional information. The following additional information
shall be submitted with the final plan.
[1]
All required local, state, and federal permits shall be submitted.
These permits may include: Montgomery County, PADOT, or Township road
access permits; PADEP permits for drainage, stream alteration, wetlands
encroachment, water quality discharge, dams, erosion, and sedimentation
control, air pollution, or sanitary sewage facilities.
[2]
The following statements shall be required on the final plan:
[a]
"The Approved Improvement Construction Plan, a
copy of which may be inspected at the Township Office, has been made
a part of the Approved Final Plan."
[b]
"For access to a highway under the jurisdiction
of PADOT, a highway occupancy permit is required, pursuant to Section
420 of the act of June 1, 1945 (P.L. 1242, No. 428) known as the 'State
Highway Law.' Access to the State highway shall be only as authorized
by the highway occupancy permit."
[3]
All engineering calculations which support the proposed Improvements
such as drainage calculations, sanitary facility design calculations,
or structural calculations.
[4]
Certification of inspection and satisfactory functioning of
any on-lot sewage disposal system which will remain in use, in accord
with current industry, DEP, or County Health Department standards.
[5]
Developments utilizing public water or sewer facilities should
provide proof that those services will be provided.
[6]
Sewage facilities plan approval from PADEP.
[7]
Approval of the erosion and sediment control plan from the Conservation
District, if required.
B.
Record plan.
(1)
Drafting standards. The same standards shall be required for a record
plan as for a preliminary plan, and in addition, for recording purposes,
the plans shall be placed on twenty-four-inch by thirty-six-inch sheets.
All lettering and lines should be drawn to be legible if the plan
is reduced to half size.
(2)
Information to be shown. The plan must show sufficient detail of
the land development or subdivision. The plan that is recorded should
not be the cover sheet of the plan submission. The plan, which includes
all portions of an approved preliminary plan, shall also show:
(b)
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 1 part in 5,000.
(c)
Names or identification of the following:
[1]
Abutting owners.
[2]
All dimensional and technical descriptions of roads.
[3]
Easements.
[4]
Rights-of-way.
[5]
Open space, recreation, and/or other common use areas.
[6]
Other required improvements.
[7]
For land development plans, all additional information pertinent
to the location and construction of site improvements, including buildings,
walks, parking, driveways, and other related facilities.
[8]
Parcel identification number.
[9]
Montgomery County Planning Commission file number.
(d)
All lots deeded to the ultimate right-of-way so that a single
deed may be drawn to the appropriate body having jurisdiction for
the dedication of streets by the applicant.
(e)
Evidence that the plans are in conformance with the zoning ordinance
and other applicable Township ordinances and regulations. In any instance
where such plans do not conform, evidence shall be presented that
an exception, waiver, or variance has been officially authorized.
(f)
The location, material, and size of all existing and proposed
monuments or pins with reference to them.
(g)
Building setback lines with distances from the ultimate right-of-way
line, and property lines.
(h)
Appropriate notes and conditions governing the use or development
of the proposed property including all waivers and variances granted
with any conditions and the date granted, as well as the date for
any conditional use approval or special exception.
C.
Certifications. When approved, the record plan must show:
(1)
The signature and seal of the registered Engineer and Surveyor certifying
that the plan represents his/her work; that the monuments shown thereon
exist as located; that the dimensional and geodetic details are correct
and that the survey has been prepared in accordance with the "Pennsylvania
Engineer, Land Surveyor, and Geologists Registration Law," PL 913,
No. 367.[1]
[1]
Editor's Note: See 63 P.S. § 148 et seq.
(2)
The notarized signature of the owner certifying ownership of the
property and intent to record the plan.
(3)
The signature of the Township Secretary, certifying that the Board
of Supervisors approved the final plan on the date shown.
(4)
A blank space or appropriate certification language shall be provided
for the stamp and seal of the Montgomery County Planning Commission,
located along the right-hand edge of the plan, measuring 3 1/2
inches wide and 2 1/2 inches tall.
D.
Declaration of easements and restrictions.
(1)
Simultaneously with the execution and the delivery of the final plan
and all other agreements required by the Township and its solicitor
in connection with any subdivision or land development final approval,
the owner and/or developer of the subject property shall execute and
deliver to the Township, in properly recordable form, all easements,
covenants and restrictions (whether previously recorded or newly created
on the approved plan) affecting the use or enjoyment of one or more
individual lots within the subdivision or land development, including
without limitation, the following types of easements, covenants and
restrictions:
(a)
Waterline easements.
(b)
Sewer line easements.
(c)
Pedestrian trail easements.
(d)
Equestrian trail easements.
(e)
Bike trail easements.
(f)
Stormwater management easements.
(g)
Stormwater detention basin easements.
(h)
Wetlands.
(i)
Floodplains.
(j)
Emergency vehicle access easements.
(k)
Conservation easements.
(l)
All other applicable easements, covenants and restrictions not
listed above.
(2)
Such declaration shall specifically and reasonably describe the type
or nature of any easement, covenant or restriction on the approved
plan as well as identify, by lot number, the property or properties
affected thereby. Such declaration shall further specify that additional
information about such easements, covenants or restrictions can be
obtained from the original documents or the recorded subdivision or
land development plans. Such declaration shall be recorded by the
Township at the owner's or developer's cost. In the event
of any conflict between the content of the plan and the content of
the declaration, the content of the plan shall prevail.
(3)
If acceptable to the Township Solicitor, the grant of the required
easements, covenants and/or restrictions by the owner and/or applicant
may be combined in one or more easement agreements.
Final plans shall be filed and reviewed in accordance with the
procedure contained in this section.
A.
The applicant shall submit the number of final plans required by
the Township as stated in the Township Filing Requirements, on file
at the Township Office. The applicant shall also submit a digital
copy of the plan set to the Township via email.
B.
The plan submission date will be stamped on the plan and the application
for approval of the final plan shall be placed on the agenda of the
next regularly scheduled meeting of the Township Planning Commission
meeting following the plan filing date provided that plans are received
at least 30 days prior to the meeting date. If the plan is received
less than 30 days prior to the next Planning Commission meeting, the
plan may be placed on the agenda of the following month's Planning
Commission meeting, if deemed necessary by the Township Manager.
C.
The Township Secretary shall distribute copies of the plan to the
following for review and recommendations:
D.
The Board of Supervisors shall consider a final plan application
at one or more of it public meetings during the 90 day time period,
and/or any extension thereof, and shall render a decision on the Final
Plan following receipt of recommendations of the Township Planning
Commission, Township Engineer, and/or other technical advisors or
consultants.
E.
Procedure for decision by the Board of Supervisors. The Board of
Supervisors shall, by resolution, deny, approve or approve with conditions
a final plan, and notice of such decision shall be communicated to
the applicant, in accordance with the requirements of the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
A final plan for an application that has not been previously granted
preliminary plan approval may be granted concurrent preliminary and
final plan approvals, in compliance with the following:
G.
After the final plan is approved, the applicant shall present copies
of the plan for signature by the Township Secretary and Board of Supervisors,
including the affixing of the Official Township Seal. The number and
types of copies shall be determined by the Township Filing Requirements,
on file at the Township Office.
A.
Within 90 days following final plan approval or 90 days following
the delivery of the signed plans to the applicant by the Township
or following completion of conditions imposed for such approval, the
Township shall record the final plan in the office of the Recorder
of Deeds of Montgomery County. The Township may waive this ninety-day
period in its sole discretion.
B.
In accordance with the Pennsylvania Municipalities Planning Code,[1] whenever final plan approval is required by the Township,
the Recorder of Deeds shall not accept any plan for recording unless
it contains the official approval of the Board of Supervisors and
certification of review by the Montgomery County Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Prior to recording, the approved plan shall be presented to the Montgomery
County Planning Commission for its stamp and seal, with one paper
copy given to the County Planning Commission for its files.
Minor plans may only be submitted and processed for lot line
adjustments, simple conveyances, minor subdivisions, mortgage subdivisions,
or minor land developments as characterized herein, in accordance
with the standards and requirements in this section.
A.
Standards for qualification as a minor plan submission.
(1)
Lot line adjustment.
(a)
A proposal between two abutting, existing, legally approved
and recorded lots.
(b)
A common lot line is proposed to be adjusted in terms of its
location or configuration or eliminated.
(c)
The land area of each lot may be different after adjustment,
but the total lot area of the two lots will be unchanged.
(d)
No alteration will occur to the perimeter boundary lines of
the two lots.
(e)
Neither lot shall violate the applicable dimensional requirements
of the Zoning Ordinance as a result of the lot line adjustment.
(f)
Possible reasons for lot line adjustments include, but are not
necessarily limited to:
(2)
Simple conveyance.
(a)
A proposal between two abutting, existing, legally approved
and recorded lots.
(b)
A portion of one lot is being divided off to be conveyed to
the owner of the abutting lot.
(c)
The land area of each lot will be different after conveyance,
but the total lot area of the two lots will be unchanged.
(d)
The lot from which the land is being conveyed must be suitable
in terms of the applicable dimensional requirements of the Zoning
Ordinance, so that after conveyance, it will remain in compliance
with those requirements.
(e)
The land area being conveyed need not satisfy any of the dimensional
requirements applicable to lotting in the district in which it is
located, nor the street frontage requirements of the Zoning Ordinance,
provided that it shall be deed restricted to the extent that it may
not be transferred independently, but must be transferred together
with the lot to which it is being functionally added by the process
of simple conveyance.
(3)
Minor subdivision.
(a)
A subdivision proposal which would divide one existing lot into
not greater than 2 lots, each of which will comply with the applicable
dimensional requirements of the zoning district in which the existing
lot is located.
(b)
The existing lot has sufficient frontage on an existing, improved
public street to satisfy the applicable Township requirements for
lot frontage and access to a public street for all proposed lots.
(c)
The existing lot has not been a part of an approved subdivision
proposal during the five years previous to the current application.
(d)
The subdivision will not require new road construction, road
improvements, or the extension of existing public utility lines.
(e)
The proposal will not involve significant stormwater and/or
erosion control issues, as determined by the Township Engineer.
(f)
Disqualification. The Board of Supervisors may require standard
preliminary plan submission in place of a minor plan when conditions
warrant it, at the advice of the Planning Commission or Engineer.
(4)
Mortgage subdivision.
(a)
A subdivision established for the sole purpose of granting separate
and distinct mortgages on each parcel within a commonly managed and
maintained land development. The individual parcels created as a result
of the mortgage subdivision may not individually meet the required
yard setbacks, ground cover, limitations, or other bulk and area requirements
of the zoning district in which the property is situated provided
that the applicant documents to the satisfaction of the Township the
following:
[1]
The responsibility for the construction, control, and maintenance
of development shall be carried at by an entity irrespective of parcels
to be established through the mortgage subdivision.
[2]
Irrevocable cross easements shall be established in favor of
all parcels created through the mortgage subdivision within the land
development as respect to the use, control, and maintenance for the
facilities and areas to be used in common so that each parcel becomes
an integral of the land development.
[3]
Declaration that the interest of any mortgagee and that of any
transferee of the mortgage property upon any default of the mortgage
shall be subject to the obligations and responsibilities as to the
facilities and areas to be used in common and the requirements of
the cross easements so that such a mortgagee or transferee, in the
event of such default or transfer of title to the property, shall
be bound thereby.
In the event of a subdivision for mortgage purposes, the entire
area included within the plan shall continue to be treated by the
Township as a single parcel for the purposes of maintaining compliance
with the Township zoning ordinance.
B.
Plans for lot line adjustment, simple conveyance, mortgage subdivision,
and minor subdivision shall comply with the following submission requirements:
(1)
Drafting standards:
(a)
The plan shall be drawn to a standard engineering scale not
exceeding 100 feet to the inch.
(b)
Sheet size shall be 24 inches by 36 inches, appropriately related
to the scale of the drawing; only one sheet shall be permitted.
(c)
Property lines shall be drawn and labeled in conformance with
accepted surveying and civil engineering practices, including dimensions
shown in feet and decimals and bearings shown in degrees, minutes
and seconds.
(2)
Basic information to be shown on the plan:
(a)
The name and address of the applicant.
(b)
The name and address of any other property owner involved in
the proposal.
(c)
The name and address and professional seal of the individual
or firm that prepared the plan.
(d)
The date of preparation of the plan and a descriptive list of
revisions to the plan and the revision dates.
(e)
The North point and scale.
(f)
A location plan showing the relationship of the subject tract
to the surrounding road network and major physical features.
(g)
The entire boundary lines of all lots involved in the proposal,
with bearings and distances and lot areas.
(h)
A list of the basic dimensional requirements of the applicable
zoning district.
(i)
A legend sufficient to indicate clearly between existing and
proposed conditions.
(j)
Notes sufficient to describe what is being proposed and which
land areas are to be transferred as a result of the proposal.
(k)
Existing and proposed easements.
(3)
Existing and proposed features to be shown on the plan:
(a)
For lot line adjustments:
[1]
The lot line proposed to be adjusted, as it currently exists,
shown as a dashed line, labeled "Lot Line to be Removed."
[2]
The lot line as it is proposed to be after adjustment, drawn
using the standard lot line delineation at a heavier line weight than
the other lot lines, and labeled "Proposed New Lot Line."
[3]
Any existing physical features of the site which are involved
in the decision to adjust the line.
[4]
Any existing and/or proposed features which will be directly
affected by the lot line adjustment.
[5]
Areas subject to deed restrictions or easements.
(b)
For simple conveyances:
(c)
For minor subdivisions:
[1]
Existing features:
[a]
Streets bordering or crossing the tract, showing
names, right-of-way and cartway widths and surface conditions.
[b]
Approximate locations of sanitary and/or storm
sewer lines and water supply lines.
[c]
Location of all watercourses and limits of any
flood-prone areas (data from soil survey and/or FEMA studies.)
[d]
Contours obtained from United States Geological
Survey maps.
[e]
Location and description of existing buildings
and other structures, labeled "To Remain" or "To be Removed" as applicable,
and location and description of existing buildings and other structures
less than 50 feet beyond the tract boundaries.
[f]
Outer limits of tree masses.
[g]
Locations of any natural or man-made features which
may affect the developability of the land, such as quarries, marshlands,
etc., within the property and up to 50 feet beyond the tract boundaries.
[h]
Locations and descriptions of major utilities,
such as pipelines and electric transmission lines, both above and
below ground, with a note describing additional setback or development
restrictions required in their regard.
[i]
Areas subject to deed restrictions or easements.
C.
Submission review procedure.
(1)
All minor plans shall be considered to be preliminary plans for the purposes of submission for review and approval, and shall comply with the requirements of § 142-17, Preliminary plan review procedure.
(2)
When a minor plan qualifies for approval, or for approval subject to conditions, in accordance with § 142-20A, herein, the minor plan may be granted concurrent preliminary and final plan approvals, provided that the plan includes the final plan certifications required by § 142-17C herein, and complies with § 142-18C, herein.
(4)
A minor plan which will require access to a State highway shall provide
the "highway access" statement on the plan, as required by § 142-17A(2)(e)[2][b].
The applicant is responsible for making the appropriate applications
for various federal, state, county, and municipality permits or other
approvals from governments or private utilities or service providers.
These should be sought in a timely manner that fits into the overall
plan review and approval process described in this article. To the
extent that the applicant is required to modify the plan as a result
of permits or other approvals, the applicant is still required to
comply fully with the Township Subdivision and Land Development and
Zoning Codes.
