In the case of minor subdivisions, it is the
purpose of this article to provide a simplified procedure by which
minor subdivisions may be submitted and approved.
A.
A tract of land that is not part of a previous subdivision,
under this section or otherwise, may be divided into two lots or parcels
without the necessity of full compliance with the preliminary and
final plan requirements of this chapter, except that in the event
that the proposed subdivision shall require improvements of streets,
sanitary sewers, drainage facilities, culverts or other municipal
improvements, then, in the discretion of the Board of Supervisors,
the provisions of this article on minor subdivisions shall not be
applicable, and the applicant shall be required to comply with the
requirements for major subdivisions.
B.
The provisions of this article on minor subdivisions
shall be applicable, provided that the Township Board of Supervisors
shall determine that all of the following conditions have been met:
(1)
Both of the proposed lots shall have adequate frontage
on or adequate access to an existing public road, and no new public
road will be required.
(2)
The owner shall agree, in writing, to construct any
drainage facility, sewer facility or other improvement or provide
such access and street openings as the Township Engineer recommends
and the Supervisors require to be necessary in order to carry out
the purposes of this chapter and these regulations.
A.
The applicant shall submit 10 copies of a final plan,
copies of other required materials and an application to the Township
Secretary, accompanied by fees required by the Township.
B.
The Township shall distribute copies of the proposed
minor subdivision plans to the Montgomery County Planning Commission
for review upon payment of fees (due to Montgomery County Planning
Commission) by the applicant as required by Montgomery County.
The final plan shall meet the following standards
and shall contain the following information:
A.
Drafting standards.
(1)
The plan shall be drawn at a scale of one inch equals
40, 50 or 100 feet.
(2)
Dimensions shall be set in feet and decimal points
thereof, and bearings shall be in degrees, minutes and seconds.
(3)
Each sheet shall be numbered to show its relation
to the total number of sheets.
(4)
The plan shall contain adequate legend to indicate
clearly which features are existing and which are proposed.
(5)
The original of the plan submitted for final approval
and subsequent recording shall be clearly and legibly drawn in ink
upon tracing cloth on sheets either 18 inches by 22 inches or 36 inches
by 44 inches in size. If the plan is drawn in two or more sections,
it shall be accompanied by a key map showing the location of the several
sections.
B.
Information to be shown. The following shall be shown:
(1)
The proposed subdivision or land development name
or identifying title.
(2)
The name and address of the owner of the tract or
of his authorized agent, if any.
(3)
The name and address of the registered engineer or
surveyor responsible for the plan. If an architect or landscape architect
collaborated in the preparation of the plan, his name and address
shall also appear.
(4)
Zoning requirements, including applicable district
lot size and yard requirements, and proof of any variances or special
exceptions which may have been granted.
(5)
A key map for the purpose of locating the site to
be subdivided or developed at a scale of not less than 800 feet to
the inch, showing the relation of the tract to adjoining property
and to all streets, roads and municipal boundaries existing within
1,000 feet of any part of the property proposed to be subdivided or
developed.
(6)
Tract boundaries, showing all courses and distances
with tie-ins to all adjacent street intersections.
(7)
The total acreage of both tracts.
(8)
The original date, revised dates, North point and
graphic scale.
(9)
All significant topographical and physical features,
including contours obtained from United States Geodetic Service maps.
(10)
The names of all owners of all immediately adjacent
lands; the name of all proposed existing subdivisions immediately
adjacent, and the locations and dimensions of any streets and/or rights-of-way
easements shown thereon; the locations and dimensions of all existing
streets, roads, railroads, sewers or sewerage systems, aqueducts,
water mains and feeder lines, fire hydrants, gas, electric and oil
transmission lines, watercourses, buildings, sources of water supply
and other significant features, within the property or within 400
feet of any part of the property proposed to be subdivided; and the
location of all tree masses within the property.
(11)
The direction and distance of the nearest sewage
treatment plant and information as to its future accessibility in
terms of time, finances and load capacity.
(12)
Any existing public lands; all open spaces for
which offers of dedication are included; and all those other areas
to which title is reserved by the owner.
(13)
Sufficient data acceptable to the Township Engineer
to determine readily the location, bearing and length of every boundary
line, street line and lot line to enable the engineer to reproduce
such lines upon the ground. All dimensions shall be shown in feet
or hundredths of a foot.
(14)
Permanent reference monuments.
(15)
A statement duly acknowledged before an officer
authorized to take acknowledgments of deeds and signed by the owner
or owners of the property to the effect that the subdivision or land
development shown on the final plan is made with his or their free
consent and in accordance with his or their desires.
(16)
All offers of dedication and covenants governing
the reservation and maintenance of undedicated open space, which shall
bear the certificate of approval of the Township Solicitor as to their
legal sufficiency.
(17)
A copy of such private deed restrictions, including
building setback lines, as may be imposed upon the property as a condition
of sale, together with a statement of any restrictions previously
imposed which may affect the title to the land being subdivided. Such
restrictions shall be satisfactory to the Supervisors.
(18)
Such certificates of approval or of conceptual
approval by proper authorities of the Commonwealth of Pennsylvania,
as required.
(19)
For roads under the jurisdiction of the Commonwealth
of Pennsylvania, Montgomery County and Montgomery Township, a letter
shall be obtained from PennDOT, the Montgomery County Bridge and Highway
Department or the Montgomery Township Engineer, as appropriate, indicating
that the plan has been reviewed and approved in concept and that traffic
considerations, driveways and the discharge of water onto or into
the road right-of-way has been reviewed. Highway occupancy and/or
encroachment permits issued by the aforementioned governmental agencies
shall be required as a condition prior to recording the plan.
(20)
The location and size of all watercourses and
boundaries of flood-prone areas (not limited to the established flood
level and regulatory flood elevation, where applicable) utilizing
any base flood elevation data from federal, state and other sources.
[Added 4-23-1984 by Ord. No. 18F]
C.
The plan shall be reviewed by the Township Engineer
and the Township Planning Commission, and they shall submit a report
and recommendations to the Township Board of Supervisors.
D.
The Township Planning Commission shall schedule an
informal conference to be held with the applicant within 30 days of
the receipt of the plan, the application, other required materials
and the payment of the required fees or upon receipt of the Montgomery
County Planning Commission report, whichever is sooner.
E.
The applicant shall have no right to a formal hearing
on any minor subdivision plan. If the applicant shall desire a formal
hearing, then the subdivision shall not be considered a minor subdivision
and the applicant shall be required to meet all the requirements for
major subdivisions.
F.
The Township Planning Commission shall not be required
to render a decision on the plan at the conference. After the conference,
the Planning Commission shall review all evidence and submit a report
on the conference and its recommendations concerning the minor subdivision
plan to the Township Board of Supervisors.
G.
The report and recommendations of the Township Planning
Commission shall be filed with the Township and shall be heard at
the next regularly scheduled meeting of the Board of Supervisors or
at a special meeting called for that purpose.
H.
The Board of Supervisors shall render a final decision
on the approval or disapproval of the minor subdivision plan based
on the report and the recommendations of the Township Engineer and
the Township Planning Commission and such other evidence as the Board
of Supervisors may, in its discretion, consider. As promptly as possible,
but within the ninety-day maximum review period, the Board of Supervisors
or its agent shall advise the applicant of the results of its review
and decision and, if the proposed subdivision is disapproved, the
reasons therefor.
I.
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to him at his last known address not later than 15 days following
the decision.
[Amended 6-22-1992 by Ord. No. 92-1]
J.
If the Board of Supervisors approves the final plan, a record plan shall be submitted in quintuplicate (two cloth and three paper prints) to the Supervisors for approval. Information required by Article IX, § 205-79B(2), shall appear in addition to the information required by Subsection B of this section.
K.
The following certifications shall appear on the record
plan:
(1)
The signature of the registered engineer or surveyor,
certifying that the plan represents a survey made by him, that the
monuments shown thereon exist as located and that all dimensional
and geodetic details are correct.
(2)
The signature of the subdivider, developer or builder,
certifying his adoption of the plan.
(3)
The signature of the Township Secretary, certifying
that the Board of Supervisors approved the plan on the date shown.
L.
The record plan shall not be approved by the Board
of Supervisors unless all fees required herein have been paid.
M.
All plans shall be drawn to assure that:
[Added 4-23-1984 by Ord. No. 18F]
N.
The developer shall provide written proof that adequate
precautions against flood damage have been taken with respect to the
design of any buildings or structures located in an area where surface
water could come in contact with the building or structure.
[Added 4-23-1984 by Ord. No. 18F]
P.
The depth of the water table shall be noted on the
plan or in a separate report, along with the location of test borings.
For on-site sewage disposal systems, the plan shall show the location
of percolation and deep holes tests, as well as the date(s) and results
of the test. If available, the applicant shall attach Pennsylvania
Department of Environmental Resources subdivision modules or the actual
results of the Township Sewage Enforcement Officer.
[Added 4-23-1984 by Ord. No. 18F]
