For the purpose of having a subdivision or land
development considered and approved by the Planning Commission or
Board of Supervisors, the applicant shall file with the Manager the
following items at the initial submission, in addition to the required
number of plans:
A.
A signed subdivision and land development application.
B.
A list of all encumbrances and, if appearing on record,
the book and page numbers.
C.
A statement setting forth in detail the character
of the improvements the applicant proposes to make on the property
to be developed, if known.
D.
A development schedule indicating the approximate
date when construction can be expected to begin and be completed,
if known.
E.
A copy of all restrictions, covenants and limitations,
if any, under which lots are to be sold.
[Amended 12-9-1982 by Ord. No. 447; 9-18-1986 by Ord. No.
538; 4-6-2006 by Ord. No. 811]
A sketch plan submission is strongly encouraged
by the Township as a way of helping applicants and officials develop
a better understanding of the tract and to help establish an overall
design approach that respects the tract’s special or noteworthy
features, while providing for the density permitted under the Zoning
Chapter. Data furnished at this stage shall include the following:
A.
Site plan, showing:
(1)
Name of subdivision or land development.
(2)
Name and address of the owner/applicant.
(3)
Name and address of the engineer, surveyor, architect,
landscape architect or planner responsible for the plan.
(4)
Zoning requirements, including:
(a)
Applicable district and district boundaries.
(b)
Maximum density permitted and proposed density,
if applicable.
(c)
Lot size and yard requirements.
(d)
Required and/or proposed open space and impervious
ground coverage ratios.
(e)
Steep slope ratio with supporting calculations.
(f)
Any variances or special exceptions granted.
(5)
Location map showing relation of site to adjoining
properties and streets within 1,000 feet. (Scale: one inch equals
800 feet.)
(6)
North point.
(7)
Written and graphic scales (including scale of location
map).
(8)
Total acreage of the site.
(9)
Site boundaries.
(10)
Boundaries of all adjoining properties (with
names of landowners in the case of unplatted land).
(11)
Existing streets on and adjacent to the site
with rights-of-way.
(12)
Existing principal buildings (and their respective
uses) and driveways on the peripheral strip. Sewer lines, storm drains,
culverts, bridges, utility easements, quarries, railroads, and other
significant man-made features within 500 feet of and within the site,
including properties across streets.
(13)
Proposed general street layout.
(14)
Proposed general lot layout.
(15)
Types of buildings proposed.
(16)
Number of dwelling units proposed.
[Amended 12-9-1982 by Ord. No. 447]
(17)
Open space areas.
(18)
Recreation areas.
(19)
Parking areas with dimensions and number of
parking spaces.
[Added 12-9-1982 by Ord. No. 447]
(20)
Graphic scale (not greater than one inch equals
200 feet; however, dimensions on the plan need not be exact at this
stage) and North arrow.
(21)
Topographic, physical, and cultural features
including but not limited to fields, pastures, meadows, woodland,
trees with a dbh of six inches or more, hedgerows and other significant
vegetation, steep slopes, rock outcrops, soil types, ponds, ditches,
drains, storage tanks, streams within 200 feet of the tract, and existing
rights-of-way and easements, and historical and cultural features
such as all structures, foundations, walls, wells, trails, and abandoned
roads.
(22)
General description of proposed method of water
supply, sewage disposal, and stormwater management.
B.
Natural features map. This plan is required for all
major subdivision and land development submissions. For minor subdivisions,
the information below may be included on the site plan. The following
information shall be indicated:
(1)
Contour lines measured at intervals of two feet. Slopes
may be determined by interpretation of United States Geological Survey
maps at this stage.
(2)
Floodplain areas.
(3)
Floodplain soil areas.
(4)
Steep slopes.
(5)
Limestone areas subject to sink conditions.
(6)
Forest areas.
(7)
Streams.
(8)
Lakes and ponds.
(9)
Wetlands.
A.
Drafting standards.
(1)
Preliminary plans for major subdivision/land development shall be drawn at a scale of one inch equals 40 feet to coincide with the improvement construction plans required under § 105-22B(5), unless otherwise approved by the Township Engineer.
[Amended 11-16-1989 by Ord. No. 584]
(2)
Dimensions shall be set in feet and decimal parts
thereof; and bearings in degrees, minutes and seconds.
(3)
Each sheet shall be numbered and shall show its relationship
to the total number of sheets.
(4)
Where any revision is made, or when the plan is a
revision of a previously approved plan, dotted lines shall be used
to show features or locations to be abandoned and solid lines to show
the currently proposed features. Notations of revisions shall be dated.
(5)
The plan shall be so prepared and bear an adequate
legend to indicate clearly which features are existing and which are
proposed.
(6)
The boundary line of the subdivision shall be shown
as a solid heavy line.
(7)
All plans submitted shall be made on sheets of 24
inches x 36 inches.
[Added 4-6-2006 by Ord. No. 811]
B.
The preliminary plan shall show or be accompanied
by the following information:
(1)
Site plan, showing:
(a)
Name of subdivision or land development.
(b)
Name and address of owner/applicant.
(c)
Name and address of the engineer, surveyor,
architect, landscape architect or planner responsible for the plan.
(d)
Zoning requirements, including:
(f)
Location map showing relation of site to adjoining
properties and streets, within 1,000 feet.
[Scale: one inch equals 800 feet.]
(g)
North point.
(h)
Written and graphic scales (including scale
of location map).
(i)
Total acreage of the site.
(j)
A complete outline survey of the property to
be subdivided or developed, showing all courses, distances, tie-ins
to all adjacent intersections and areas.
(k)
Location of all existing monuments.
(l)
Boundaries of all adjoining properties (with
names of landowners in the case of unplatted land).
(m)
Existing streets on and adjacent to the site
with rights-of-way.
(n)
Existing principal buildings (and their respective
uses), and driveways on the adjacent peripheral strip; sewer lines,
storm drains, culverts, bridges, utility easements, quarries, railroads,
and other significant man-made features within 500 feet of and within
the site, including properties across streets.
[Amended 12-9-1982 by Ord. No. 447]
(o)
The proposed layout:
[1]
The layout and names of streets, including widths of cartways and rights-of-way; and recommended improvements pursuant to Subsection B(9)(d)[6] below.
[2]
The lot layout and approximate dimensions, areas
and uses of lots; building setback lines and rear and side yard lines.
[Amended 12-9-1982 by Ord. No. 447]
[3]
The arrangement and use of buildings and parking
areas in nonresidential developments and multifamily residential developments
with all necessary dimensions and number of parking spaces. Elevations
and perspective sketches of proposed buildings are encouraged.
[4]
Open space areas, and indication as to whether
offered for dedication.
[5]
Recreational facilities.
[6]
Rights-of-way and/or easements for all drainage
facilities, utilities or other purposes.
[7]
Sidewalks and pedestrian paths.
[8]
Streetlights.
[9]
Fire hydrants.
[10]
Monuments.
[11]
Gas mains.
[12]
Water mains.
[13]
Driveway locations.
[14]
Locations of private sewer systems,
if applicable.
(2)
Soil map, showing:
(a)
Soil types within the site, based on maps contained
in the Soil Survey of Montgomery County, Pennsylvania, United States
Department of Agriculture Soil Conservation Service, 1967, as amended.
An attached table shall indicate each soil's limitations for community
development.
(b)
Contour lines measured at vertical intervals
of two feet. Such elevations shall be determined by on-site survey,
not interpretation of United States Geological Survey maps.
(c)
Datum to which contour lines refer. Where practicable,
data shall refer to established elevations.
[Added 12-9-1982 by Ord. No. 447]
(d)
Floodplain areas.
(f)
Floodplain soil areas.
(g)
Steep slopes.
[Amended 9-18-1986 by Ord. No. 538]
(h)
Limestone areas subject to sink conditions.
(7)
(8)
Tentative typical cross sections and center-line profiles
for each proposed street shown on the site plan.
(9)
Transportation impact study.
[Amended 12-9-1982 by Ord. No. 447]
(a)
A transportation impact study shall be undertaken for all major subdivisions and land developments as defined in Subsection B(9)(c) below. This study will enable the Township to assess the impact of a proposed development on the local transportation system. Its purpose is to ensure that proposed developments do not adversely affect the transportation network and to identify any traffic problems associated with access from the site to the existing transportation network. The study's purpose is also to delineate solutions to potential problems and to present improvements to be incorporated into the proposed development. The study shall assist in the protection of air quality, the conservation of energy and the encouragement of public transportation use.
(b)
The Township shall select a qualified traffic engineer and/or transportation planner with previous traffic study experience to prepare the transportation impact study. The Township may utilize the applicant's fees, placed in escrow, to fund such studies. Studies submitted by the applicant shall not be considered as a transportation impact study under this chapter and shall not be accepted by the Township as such. The procedures and standards for the traffic impact study, which shall be adhered to by the consultant, are set forth in Subsection B(9)(d) below.
[Amended 11-16-1989 by Ord. No. 586]
(c)
Subdivisions and land developments for which
study required.
[Amended 11-16-1989 by Ord. No. 586]
[1]
A transportation impact study shall be required
for all subdivisions and land developments that meet one or more of
the following criteria:
[a]
Residential: 50 or more dwelling
units.
[b]
Commercial: a commercial building or buildings consisting of 25,000 square feet or more of gross floor area or when Chapter 116 of the Whitemarsh Township Code, entitled "Zoning," requires 100 or more parking spaces for the proposed use.
[c]
Office: a development consisting of 25,000 square feet or more of gross floor area or when Chapter 116 of the Whitemarsh Township Code, entitled "Zoning," requires 100 or more parking spaces for the proposed use.
[2]
The Planning Commission, at its discretion,
may request the preparation of a traffic impact study for any other
subdivision or land development.
[3]
The Board of Supervisors shall have the discretion
to require the posting of additional moneys in escrow, by the applicant,
for the preparation of a traffic impact study for any other subdivision
or land development.
(d)
The transportation impact study shall contain,
but not be limited to, the following information:
[1]
General site description. The site description
shall include the size, location, proposed land uses, construction
staging and completion date of the proposed land development. If the
development is residential, types of dwelling units and number of
bedrooms shall also be included. A brief description of other major
existing and proposed land developments within the study area shall
be provided. The general site description shall also include probable
socio-economic characteristics of potential site users to the extent
that they may affect the transportation needs of the site (i.e., number
of senior citizens).
[2]
Transportation facilities description.
[a]
The description shall contain a
full documentation of the proposed internal and existing external
transportation system. This description shall include proposed internal
vehicular, bicycle and pedestrian circulation, all proposed ingress
and egress locations, all internal roadway widths and rights-of-way,
parking conditions, traffic channelizations, and any traffic signals
or other intersection control devices within the site. The site design
shall be shown to maximize potential public transportation usage to
and from the development, such as providing adequate turning radii
at all access points to allow a bus to enter the development. Bus
shelter and sign locations shall be designated where appropriate.
[b]
The report shall describe the entire
external roadway system within the study area. Major intersections
in the study area shall be identified and sketched. All existing and
proposed public transportation services and facilities within a one-mile
radius of the site shall also be documented. All future highway improvements,
including proposed construction and traffic signalization, shall be
noted. This information shall be obtained from the Twelve-Year Highway
Capital Program for the Delaware Valley Region, the Whitemarsh Township
Comprehensive Plan and from the Pennsylvania Department of Transportation.
Any proposed roadway improvements resulting from proposed surrounding
developments shall also be recorded.
[3]
Existing traffic conditions.
[a]
Existing traffic conditions shall
be measured and documented for all streets and intersections in the
study area. Traffic volumes shall be recorded for existing average
daily traffic, existing peak hour traffic and for the subdivision's
peak hour traffic. Complete traffic counts at all major intersections
in the study area shall be conducted, encompassing the peak highway
and development-generated hour(s), and documentation shall be included
in the report. A volume capacity analysis based upon existing volumes
shall be performed during the peak hour(s) and the peak development-generated
hour(s) for all roadways and major intersections in the study area.
Levels of service shall be determined for each location.
[b]
This analysis will determine the
adequacy of the existing roadway system to serve the current traffic
demand. Roadways and/or intersections experiencing levels of service
E or F shall be noted as congestion locations.
[4]
Transportation impact of the development. Estimation
of vehicular trips to result from the proposal shall be completed
for both the street system and the development-generated peak hour(s).
Vehicular trip generation rates to be used for this calculation shall
be obtained from Table 5, below.[3] These development-generated traffic volumes shall be provided
for the inbound and outbound traffic movements as estimated. The reference
source(s) and methodology followed shall be cited. These generated
volumes shall be distributed to the study area and assigned to the
existing streets and intersections throughout the study area. Documentation
of all assumptions used in the distribution and assignment phase shall
be provided. Traffic volumes shall be assigned to all access points.
Pedestrian volumes shall also be calculated, if applicable. If school
crossings are to be used, pedestrian volumes shall be assigned to
each crossing. Any characteristics of the site that will cause unusual
trip generation rates and/or traffic flows shall be noted.
[3]
Editor's Note: Table 5 is included at the end of this chapter.
[5]
Analysis of transportation impact.
[a]
The total future traffic demand
based on full occupancy of the proposed subdivision or land development
shall be calculated. This demand shall consist of the combination
of the existing traffic expanded to the completion year, the development-generated
traffic, and the traffic generated by other proposed developments
in the study area. A volume/capacity analysis shall also be conducted
using the total future demand and the future roadway capacity. If
staging of the proposed development is anticipated, calculations for
each stage of completion shall be made. This analysis shall be performed
using the peak highway hour(s) and peak development-generated hour(s)
for all streets and major intersections in the study area. Volume/capacity
calculations shall be completed for all major intersections.
[b]
All access points and pedestrian
crossings shall be examined as to the feasibility of installing traffic
signals. This evaluation shall compare the projected traffic and pedestrian
volumes to the warrants for traffic signal installation. Levels of
service for all streets and intersections shall be listed.
[6]
Conclusions and recommended improvements.
[a]
All streets and/or intersections
showing a level of service below C shall be considered deficient,
and specific recommendations for the elimination of these problems
shall be listed. This listing of recommended improvements shall include,
but not be limited to the following elements: internal circulation
design, site access location and design, external street and intersection
design and improvements, traffic signal installation and operation,
including signal timing, and transit design improvements.
[b]
Existing and/or future public transportation
service shall also be addressed. A listing of all actions to be undertaken
to increase present public transportation usage and improve service,
if applicable, shall be included.
[c]
The listing of recommended improvements
for both streets and transit shall include, for each improvement,
the party responsible for the improvement, the cost and funding of
the improvement and the completion date for the improvement.
[d]
The Planning Commission shall review
the transportation impact study to analyze its adequacy in solving
any traffic problems that will occur due to the land development or
subdivision and make recommendations to the Board of Supervisors.
[e]
The Board of Supervisors may decide
that certain improvements contained in the study on or adjacent to
the site or at other locations impacted by the traffic generated by
the development of the site are required for preliminary plan approval
and may attach those conditions to the plan approval.
[Amended 11-16-1989 by Ord. No. 586]
[f]
The improvement plans shall not
be submitted to the Pennsylvania Department of Transportation until
such plans are approved by the Board of Supervisors. This submittal
to the Pennsylvania Department of Transportation shall be accompanied
by comments of the Planning Commission and the Montgomery County Planning
Commission.
(10)
Acknowledgments.
(a)
Letter indicating the availability of public
sanitary sewer facilities from the appropriate utility, if applicable.
(b)
Letter of commitment or agreement indicating
the availability of central water supply from the appropriate utility,
if applicable.
[Amended 11-16-1989 by Ord. No. 584]
(c)
Schedule delineating all proposed sections of
the subdivision or land development, if applicable. Said schedule
shall propose deadlines within which final subdivision or land development
plans for each section are intended to be filed.
[Added 12-9-1982 by Ord. No. 447]
(11)
Written request for modification of requirements pursuant to § 105-10.
[Added 11-16-1989 by Ord. No. 584]
(12)
Site context map. A map showing the location
of the proposed subdivision within its neighborhood context shall
be submitted.
[Added 4-6-2006 by Ord. No. 811]
(a)
For tracts under 100 acres in area, such maps
shall be at a scale not less than one inch equals 200 feet, and shall
show the relationship of the subject tract to natural and man-made
features existing within 1,000 feet of the tract boundaries.
(b)
For tracts of 100 acres or more, the scale shall
be one inch equals 400 feet, and shall show the above relationships
within 2,000 feet of the tract boundaries.
(c)
The features that shall be shown on the site
context map include topography (as taken from U.S.G.S. maps), stream
valleys, wetland complexes (as taken from maps published by the U.S.
Fish and Wildlife Service or the U.S.D.A. Natural Resources Conservation
Service), woodlands over 10,000 square feet in area (as taken from
aerial photographs), ridgelines, public roads and trails, utility
easements and rights-of-way, public land, and land protected under
conservation easements.
(13)
Existing resources and site analysis plan (ERSAP).
For all subdivisions (except those in which all proposed lots are
to be 10 or more acres in area), an ERSAP shall be prepared and shall
provide a comprehensive analysis of existing conditions, both on the
proposed development tract and within 500 feet of the tract boundaries.
Conditions beyond the tract boundaries may be described on the basis
of existing published data available from governmental agencies and
from aerial photographs.
[Added 4-6-2006 by Ord. No. 811]
(a)
The ERSAP shall be reviewed by Township staff
for accuracy, conformance with Township ordinances, and likely impact
upon the natural and cultural resources on the tract.
(b)
Such plans shall be prepared at the scale of
one inch equals 100 feet on a single standard size sheet (24 inches
by 36 inches).
(c)
The following information shall be included
in the ERSAP:
[1]
A vertical aerial photograph enlarged to a scale
not less detailed than one inch equals 400 feet, with the tract boundaries
clearly marked.
[2]
Topography, the contour lines of which shall
generally be at two-foot intervals, determined by photogrammetry.
Ten-foot intervals are permissible beyond the tract boundaries and
may be interpolated from U.S.G.S. published maps. However, the final
determination of appropriate contour intervals, both within and beyond
the tract boundaries, shall be made by the Planning Commission, which
may specify greater or lesser intervals on exceptionally steep or
flat sites. Steep slopes in two categories shall be clearly indicated:
slopes of 15% to 25% slope and slopes of over 25%. Topography for
major subdivisions shall be prepared by a professional land surveyor
or professional engineer from an actual field survey of the tract
or from stereoscopic aerial photography and shall be coordinated with
official U.S.G.S. benchmarks.
[3]
All ponds, streams, ditches, drains, and natural
drainage swales, as well as riparian corridors, one-hundred-year floodplains
and wetlands, as defined in this and other Township ordinances, shall
be located and clearly delineated. Additional areas of wetlands on
the proposed development tract shall also be indicated, as evident
from testing, visual inspection, or from the presence of wetland vegetation.
[4]
Vegetative cover conditions on the tract according
to general cover type including cultivated land, permanent grassland,
meadow, pasture, old field, hedgerow, woodland and wetland, trees
with a caliper of six inches or greater, the dripline of existing
trees, and woodlands. Vegetative types shall be described by plant
community, relative age and condition.
[5]
Soil series, types and phases, as mapped by
the U.S. Department of Agriculture, Natural Resources Conservation
Service in the Montgomery County Soil Survey, and accompanying data
published for each soil relating to its suitability for construction
and, in areas not already served by sewer, suitability for an on-site
sewage system.
[6]
Ridgelines and watershed boundaries shall be
identified.
[7]
A viewshed analysis showing the location and
extent of views into the tract from public roads and from public parks,
public forests, and state game lands.
[8]
Geologic formations on the proposed development
tract, and underlying geologic formations, including rock outcroppings,
cliffs, existing and potential areas of sinkholes, and fault lines,
based on available published information or more detailed data obtained
by the applicant.
[9]
All existing man-made features, including but
not limited to streets, driveways, farm roads, roads through forests
or woodlands, buildings, foundations, walls, wells, drainage fields,
utilities, fire hydrants, abandoned roads, stonewalls, above and below
ground utilities, and storm and sanitary sewers.
[10]
Location of all historic or cultural
resources on the tract.
[11]
Location of trails that have been
in public use, including but not limited to pedestrian, equestrian,
and bicycle trails, as well as any proposed trails.
[12]
All easements and other encumbrances
which are or have been filed of record with the Recorder of Deeds
of Montgomery County.
(14)
Five-step design process for Conservation Design
Overlay Districts. All preliminary plans in Conservation Design Overlay
Districts shall include documentation of a five-step design process
in determining the layout of proposed common open space, building
sites, streets and lot lines, as described below.
[Added 4-6-2006 by Ord. No. 811]
(a)
Step 1: Delineation of common open space.
[1]
The minimum percentage and acreage of required common open space shall be calculated by the applicant and submitted as part of the sketch plan or preliminary plan in accordance with the provisions of this chapter and of the Zoning Chapter. Common open space shall include all primary conservation features areas and those parts of the remaining buildable lands with the highest resource significance, as described below and in § 116-273, Site capacity calculations, and § 116-275, common open space land use and design standards of Chapter 116, Zoning.
[2]
Proposed common open space shall be designated using the ERSAP as a base map and complying with § 116-275B, common open space land use and design standards, of Chapter 116, Zoning. The Conservation Features Map shall also be referenced and considered. Primary conservation features areas shall be delineated.
[3]
The Conservation Features Map shall be referenced
and considered in delineating secondary conservation features. The
applicant, in consultation with the Planning Commission, shall prioritize
natural and scenic resources on the tract in terms of their highest
to least suitability for inclusion in the proposed common open space.
[4]
On the basis of the priorities established under Subsection B(14)(a)[3] above, and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring tracts, and the applicant's subdivision objectives, secondary conservation features shall be delineated to meet at least the minimum area percentage requirements for common open space, as determined by § 116-273, Site capacity calculations, of Chapter 116, Zoning, and in a manner clearly indicating their boundaries as well as the types of resources included within them.
(b)
Step 2: Location of building sites. Potential
building sites shall be tentatively located, using the delineation
of common open space, generated using Step 1 above as a base map as
well as other relevant data on the ERSAP, including but not limited
to topography and soils. Building sites shall be located outside all
primary conservation features and any secondary conservation features
to be preserved, taking into consideration the potential negative
impact of residential development on such areas as well as the potential
positive benefits of such locations to provide attractive views and
visual settings for residences.
(c)
Step 3: Alignment of streets and trails. Upon designation of the building sites, a street plan shall be designed to provide vehicular access to each building site, complying with the standards in Article V, Design Standards of this chapter and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed common open space shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Street connections shall be encouraged to minimize the number of new culs-de-sac to be maintained by the Township and to facilitate access to and from adjoining tracts.
(d)
Step 4: Drawing in the lot lines.
[1]
Upon completion of the preceding three steps,
lot lines are drawn as required to delineate the boundaries of individual
residential lots.
[2]
Views of lots from exterior roads and abutting
properties shall be minimized by the use of changes in topography,
existing vegetation, or additional landscaping which meets the landscaping
requirements of this chapter.
[3]
Lots shall generally be accessed from interior
streets, rather than from roads bordering the tract.
[4]
At least 3/4 of the lots shall directly abut
or face common open space across a street.
[5]
If so requested by the Planning Commission or
the Board of Supervisors, the applicant shall submit four separate
sketch plans, one for each of Steps 1 through 4, indicating the findings
of each step of the design process.
(e)
Step 5: Water management facilities. The final step in the preliminary plan design process for Conservation Design Overlay Districts is the location and design of the stormwater management facilities. Stormwater management facilities shall be designed with best management practices (BMPs) per Department of Environmental Protection (DEP), guidelines and Chapter 58, Grading, Erosion Control, Stormwater Management and Best Management Practices of the Whitemarsh Township Code.
(15)
Preliminary resource impact and conservation
plan (the preliminary impact plan). This plan shall include the following
items:
[Added 4-6-2006 by Ord. No. 811; amended 8-10-2006 by Ord. No.
818]
(a)
Delineation of areas to be left undisturbed:
[1]
Proposed open areas to be left undisturbed shall
be designated on the preliminary impact plan by using the maps and
material in the ERSAP. The Township’s maps of conservation lands
in the Comprehensive Plan, open space plan, and park and recreation
plan shall also be referenced and considered. The preapplication conference
and the site visit shall be used to determine those areas that should
have minimal or no disturbance.
[2]
The open areas identified at this stage of the
design process shall include consideration for stormwater management,
taking into account areas suitable for groundwater recharge and infiltration.
(b)
Analysis of how resources will be protected.
Narrative shall be provided indicating the ways in which the applicant
will respect the existing features of the land described in the site
analysis.
[1]
Limits of disturbance on site. The limits of
the grading and soil disturbance shall be shown, with areas designated
as important areas delineated and protected.
[2]
Areas that are to be preserved should be described, including prime agricultural soils, woodlands, vegetation, slopes, views, or any other areas identified in Subsection B(15)(a), above.
[3]
Description of the manner in which stormwater
will be captured on site for maximum infiltration. This should indicate
that the areas best suited for stormwater infiltration have been selected
for that purpose, based on hydrologic soil groups and the stormwater
management requirements of this chapter.
[4]
Description and plan showing that existing natural
contours and vegetation will be respected.
[5]
Limits on site disturbance and resources applicable to the site due to all applicable provisions of Zoning, Chapter 116, requirements shall be shown.
[6]
Description of any historic buildings or resources
on the site and proposed efforts to preserve them.
[7]
Description and plan indicating how the site
layout will provide advantageous solar orientation.
(c)
Location of structures and alignment of infrastructure:
buildings, streets, trails, utilities, and stormwater management.
[1]
Building area shall be identified based on the
areas set aside for development. Upon designating the building sites,
a street plan shall be designed to provide vehicular access to the
development which reflects a logical relationship to topographic conditions.
Impacts of the street plan on open areas to be protected shall be
minimized, particularly with respect to crossing environmentally sensitive
areas such as wetlands and traversing slopes exceeding 8%.
[2]
Indicate the locations and method for providing
water service, wastewater, and stormwater management facilities.
(d)
This requirement of a preliminary impact plan
may be waived by the Township if, in its judgment, the proposed development
areas, as laid out in the sketch plan or in the preliminary plan would
be likely to cause no more than an insignificant impact upon the tract’s
resources.
(16)
Preliminary improvements plan. This plan shall
include the following items:
[Added 4-6-2006 by Ord. No. 811]
(a)
Historic, architectural, and cultural features,
trails and significant natural features, including topography, areas
of steep slope, riparian corridors, wetlands, one-hundred-year floodplains,
swales, rock outcroppings, vegetation, existing utilities, and other
site features, as indicated on the ERSAP.
(b)
Existing and proposed lot lines, lot areas,
existing easements and rights-of-way. For tracts subject to the Conservation
Design Overlay District, the boundaries of common open space shall
be indicated.
(c)
Location, alignment, width and tentative names
of all proposed streets and street rights-of-way, including all street
extensions or spurs that are reasonably necessary to provide adequate
street connections and facilities to adjoining developed or undeveloped
areas. The applicant shall provide preliminarily engineered profiles
for proposed streets, including cross-section drawings and details
relating to thickness, crowning and construction materials.
(d)
Location of proposed swales, drainage easements,
stormwater and other stormwater management facilities.
(e)
Where community sewage service is to be utilized,
the conceptual layout of proposed sewage systems, including but not
limited to the tentative locations of sewer mains and sewage treatment
plants, showing the type and degree of treatment intended and the
size and capacity of treatment facilities. The effluent affects on
the total maximum daily load (TMDL) and its effects on the treatment
facility’s NPDES Permit for point source discharges shall be
described.
(f)
Where central water service is to be utilized,
the conceptual layout of proposed water distribution facilities, including
water mains, fire hydrants, storage tanks and, where appropriate,
wells or other water sources.
(g)
Location of all sanitary sewer percolation tests
as may be required under this chapter, including all failed test sites
or pits as well as those approved and including an approved alternate
site for each lot requiring a sand mound system. All approved sites
shall be clearly distinguished from unapproved sites.
(h)
Limit-of-disturbance line as determined pursuant to Chapter 55, Tree Protection Standards, of the Code of Whitemarsh Township. The limit-of-disturbance line must be exact in relation to the dripline of existing trees proposed to be saved.
(i)
Location and dimensions of proposed playgrounds, public buildings, public areas and tracts of land proposed to be dedicated or reserved for public use as determined pursuant to § 105-53, Park and recreational facilities, land and/or fees, of this chapter.
(j)
If the tract to be subdivided lies partly in
or abuts another municipality, the applicant shall submit information
concerning the location and conceptual design of streets, layout and
size of lots and provisions of public improvements on land subject
to the applicant’s control within the adjoining municipalities.
The design of public improvements shall provide for a smooth, practical
transition where specifications vary between municipalities. Evidence
of approval of this information by appropriate officials of the adjoining
municipalities shall also be submitted.
(k)
Where the applicant proposes to install the
improvements in phases, a delineation of the proposed sections and
a schedule of deadlines within which applications for final approval
of each section are intended to be filed shall be submitted with the
preliminary plan.
(l)
Utilities and easements.
[1]
Exact locations of existing utility easements
and locations of proposed utility easements.
[2]
Layout of all proposed sanitary and storm sewers
and location of all inlets and culverts, and any proposed connections
with existing facilities. This data may be provided on a separate
plan.
[3]
The tentative location of proposed on-site sewage
and water facilities.
(m)
Location of proposed trees and their size in
calipers, plus locations of existing vegetation to be retained.
(n)
Signature blocks for the Board of Supervisors
and the County Planning Commission shall be provided on the preliminary
improvements plan.
(17)
Preliminary studies and reports. The preliminary
plan submission shall include the following studies to assist in determination
of the impact of the application upon municipal services and facilities:
[Added 4-6-2006 by Ord. No. 811]
(a)
Sewer and water feasibility report.
(b)
Groundwater protection and replenishment study.
(c)
Erosion and sedimentation control plan.
(d)
Traffic impact study in accordance with § 105-21B(9).
(e)
Community association document, where applicable.
[1]
For all subdivision and land development applications
which propose lands and/or facilities to be used or owned in common
by all the residents of that subdivision or land development (collectively,
the common facilities) and not deeded to the Township, the common
facilities shall be controlled and maintained by a homeowners' association
or condominium association (the community association) formed in accordance
with all applicable laws of the Commonwealth of Pennsylvania, and
governed by a community association document, also known as a "homeowners'
association document" or a "condominium association document."
[2]
The elements of the community association document
shall include, but shall not be limited to, the following:
[a]
A description of the common facilities
to be owned by the community association. This description shall include
a map of the proposal highlighting the precise location of all aspects
of the common facilities;
[b]
Statements setting forth the powers,
duties, and responsibilities of the community association, including
the services to be provided;
[c]
A declaration of covenants, conditions,
and restrictions, (the declaration) giving perpetual easement to the
lands and facilities owned by the community association. The declaration
shall be a legal document providing for automatic association membership
for all owners in the subdivision or land development and shall describe
the mechanism by which owners participate in the community association,
including voting, elections, and meetings. Furthermore, the declaration
shall give power to the community association to own and maintain
the common facilities and to make and enforce rules;
[d]
Statements prescribing the process
by which community association decisions are reached and setting forth
the authority to act;
[e]
Statements requiring each owner
within the subdivision or land development to become a member of the
community association;
[f]
Statements setting cross covenants
or contractual terms binding each owner to all other owners for mutual
benefit and enforcement;
[g]
Requirements for all owners to
provide a pro rata share of the cost of the operations of the community
association;
[h]
A process of collection and enforcement
to obtain funds from owners who fail to comply;
[i]
A process for transition of control
of the community association from the developer to the unit owners;
[j]
Statements describing how the common
facilities of the community association will be insured, including
limit of liability;
[k]
Provisions for the dissolution
of the community association; and
(18)
Preliminary common open space ownership and
management plan.
[Added 4-6-2006 by Ord. No. 811]
(a)
Using the preliminary plan as a base map, the boundaries, acreage and proposed ownership of all proposed common open space shall be located and delineated. In addition, the applicant shall also submit a preliminary common open space ownership and management plan (the management plan) detailing the entities responsible for maintaining various elements of the tract, and describing management objectives and techniques for each part of the tract. The management plan as proposed shall be fully consistent with the requirements of § 116-277, Ownership and maintenance of common open space, of Chapter 116, Zoning of the Code of Whitemarsh Township.
(b)
Unless otherwise agreed to by the Board of Supervisors,
the cost and responsibility of maintaining common open space shall
be borne by the property owner, condominium association, homeowners'
association, or conservation organization.
(c)
The applicant shall, at the time of preliminary
plan submission, provide a management plan in accordance with the
following requirements:
[1]
The management plan shall define ownership;
[2]
The management plan shall establish necessary
regular and periodic operation and maintenance responsibilities for
the various kinds of common open space (i.e., lawns, playing fields,
meadow, pasture, cropland, woodlands, etc.);
[3]
The management plan shall estimate staffing
needs, insurance requirements, and associated costs, and define the
means for funding the maintenance of the common open space and operation
of any common facilities on an on-going basis. Such funding plan shall
include the means for funding long-term capital improvements as well
as regular yearly operating and maintenance costs.
(d)
At the Board of Supervisors’ discretion,
the applicant may be required to escrow sufficient funds for the maintenance
and operation costs of common open space for up to one year.
(e)
Any changes to the plan shall be approved, in
advance, by the Board of Supervisors.
(f)
In the event that the entity established to
maintain the common open space, or any successor organization thereto,
fails to maintain all or any portion thereof in reasonable order and
condition, the Township may enter the premises and take corrective
action, including extended maintenance. The costs of such corrective
action may be charged to the property owner, condominium association,
homeowners' association, conservation organization, or individual
property owners who make up a condominium or homeowners' association
and may include administrative costs and penalties. Such costs shall
become a lien on said properties. Notice of such lien shall be filed
by the Township in the office of the Prothonotary of Montgomery County.
In addition, any escrow funds may be forfeited and any permits may
be revoked or suspended.
(19)
Preliminary engineering certification. Prior
to approval of the preliminary plan, the applicant shall submit to
the Planning Commission a preliminary engineering certification stating
that the layout of proposed streets, building lots, and common open
space complies with the Township's Zoning and Subdivision and Land
Development chapters, particularly those sections governing the design
of subdivision streets and stormwater management facilities. This
certification requirement is meant to provide the Planning Commission
with assurance that the proposed plan can be accomplished within the
Township's current regulations. The certification shall also note
any waivers needed to implement the plan as drawn.
[Added 4-6-2006 by Ord. No. 811]
(20)
Additional plan requirements for outdoor recreational facilities
with proposed lighting. For subdivision and land development applications
where site lighting is required by this chapter, is otherwise required
by the Township or is proposed by the applicant, lighting plans shall
be submitted to the Township for review and approval with preliminary
subdivision/land development plan applications and shall contain the
following:
[Added 12-18-2008 by Ord. No. 871]
(a)
A plan or plans of the site, complete with all structures, parking
spaces, building entrances, traffic areas (both vehicular and pedestrian),
vegetation that might interfere with lighting, and adjacent uses that
might be impacted by lighting. The lighting plan shall contain a layout
of all proposed fixtures by location, orientation, aiming direction,
mounting height and type. The submission shall include, in addition
to existing and proposed area lighting, all other exterior lighting,
e.g., architectural, building entrance, landscape, flag, sign, etc.
(b)
Description of the proposed equipment, including fixture catalog
cuts, photometrics, glare-reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details and mounting methods.
(c)
Overall point-by-point isocandle layout.
(d)
Individual isocandle curve.
(e)
Individual isocandella curves.
(f)
When landscaping plans are involved, they shall contain the lighting
fixture locations and shall demonstrate that the sight lighting and
landscaping have been coordinated to minimize conflict between vegetation
and intended light distribution, both initially and at vegetation
maturity.
(g)
Plan notes. The following shall appear on the lighting plan:
[1]
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Township
for review and approval.
[2]
The Township reserves the right to conduct postinstallation inspections
to verify compliance with the requirements of this chapter and approved
lighting plan commitments and, if deemed appropriate by the Township,
to require remedial action at no expense to the Township.
[3]
All exterior lighting shall meet IESNA full-cutoff criteria unless
otherwise approved by the Township.
[4]
The installer shall notify the Township to arrange for inspection
and approval of all exterior lighting, including building-mounted
lighting, prior to its installation.
[Added 2-9-2006 by Ord. No. 809[1]]
A.
Title. This section shall be known as the "Whitemarsh
Township Transportation Impact Fee Ordinance."
B.
Purpose. The purpose of this section is to establish
a transportation impact fee to insure that the cost of needed capital
improvements is applied to new developments in a manner that will
allocate equitably the cost of those improvements among property owners
such that the transportation system of the Township is available and
adequate to support new growth and development. To advance this objective,
there is hereby created a transportation impact fee payable to the
Township at the time of building permit(s) issuance.
C.
Findings and conclusions. The Board, pursuant to Act
209, hereby finds and declares:
(1)
The conditions and standards for the determination
and imposition of a transportation impact fee set forth herein are
those set forth in Act 209 and consist of:
(a)
The recitals set forth above;
(b)
The analysis, advice and recommendations of
the Committee;
(c)
The land use assumptions report as prepared
by the Committee and adopted by the Board by Resolution No. 2005-14,
dated September 22, 2005;
(d)
The roadway sufficiency analysis as prepared
by the Committee and adopted by the Board by Resolution No. 2006-8,
dated January 26, 2006;
(e)
The transportation capital improvements plan
as prepared by the Committee and adopted by the Board by Resolution
No. 2006-9, dated January 26, 2006; and
(f)
Such other conditions and standards as the Board
may by resolution from time to time identify as being relevant, material
and necessary to the imposition of a transportation impact fee and
consistent with the provisions of Act 209 and any amendments thereto.
(2)
The collection, disbursement and accounting
of transportation impact fees shall be administered by the office
of the Township Manager, with the assistance of the Township Finance
Director, and further subject to the review, oversight and control
of the Board.
D.
Definitions. The terms and definitions as set forth
in 53 P.S. § 10502-A, Definitions, of Act 209 are hereby
adopted, referenced and incorporated as if more fully set forth herein.
E.
Imposition. There is hereby enacted a transportation
impact fee to be imposed upon new subdivision or land development
for the purpose of funding off-site public transportation improvements
as authorized by Act 209 and as described in the roadway sufficiency
analysis adopted by the Board in Resolution 2006-8 and the capital
improvements plan adopted by the Board in Resolution 2006-9, both
dated January 26, 2006. The transportation impact fees shall apply
to all new subdivisions or land developments within each of the transportation
service areas as hereinafter defined and identified (the transportation
service area) and shall be due and payable to the Township at the
time of issuance of a building permit(s), such payment being a condition
precedent to the issuance and validity of such building permit(s).
F.
Uses. Transportation impact fees collected pursuant
to this chapter may be expended for those costs incurred for improvements
identified in the analysis and plan which are attributable to new
subdivision or land development, including the acquisition of land
and rights-of-way, engineering, legal and planning costs and all other
costs which are directly related to road improvements within the transportation
service area, including debt service and further including such proportionate
amount of the preparation of the land use assumptions, roadway sufficiency
analysis and capital improvements plan as is permitted pursuant to
Act 209.
G.
Incorporation of supporting documentation. The following
documents, adopted by the Board as indicated below, are hereby incorporated
by reference as if more fully set forth herein:
(1)
The land use assumptions report, adopted by
Resolution 2005-14, dated September 22, 2005.
(2)
The Roadway Sufficiency Analysis, adopted by
Resolution 2006-8, dated January 26, 2006.
(3)
The Transportation Capital Improvements Plan,
adopted by Resolution 2006-9, dated January 26, 2006.
(4)
The Impact Fee Schedule, adopted by resolution.
H.
Special transportation studies. Where intended to
assist in the determination of the appropriate amount of the transportation
impact fee, the Township may require an Applicant to prepare a special
transportation study (the special transportation studies) to determine
the traffic generation and circulation patterns in new nonresidential
land developments or subdivisions; provided however, that no studies
may be required when the proposed development will not require a deviation
from the land use assumptions resulting in increased density, intensity
or trip generation. The special transportation study shall be prepared
by a qualified traffic or transportation engineer in accord with generally
accepted transportation planning and engineering standards and shall
be submitted prior to the imposition of a transportation impact fee
and shall be considered in determination of same. The applicant shall
be responsible for all costs associated with the special transportation
studies.
I.
Applicability of transportation impact fee. This chapter
shall be uniformly applicable to all subdivision and land developments
within the transportation service areas, as such are identified within
the analysis and plan.
J.
Imposition of transportation impact fee. No building
permit shall be issued for a subdivision or land development within
a transportation service area, identified within the analysis and
plan, until such time as the developer thereof has paid to the Township
the transportation impact fee imposed by and calculated pursuant to
this chapter.
K.
Calculation of transportation impact fee.
(1)
The transportation impact fee shall be based
upon the total costs of providing necessary road improvements or portions
thereof included in the analysis and plan within a given transportation
service area and attributable to and necessitated by new subdivision
or land development within the transportation service area, divided
by the number of anticipated peak hour trips generated by all new
subdivision or land development consistent with the land use assumptions,
as adopted, and calculated in accordance with the Trip Generation
Manual published by the Institute of Transportation Engineers, sixth
or subsequent editions, to equal the per-trip cost for transportation
improvements within the transportation service area.
(2)
The transportation impact fee for a specific
new subdivision or land development within the transportation service
area for road improvements shall be determined as of the date of preliminary
subdivision or land development approval by multiplying the per trip
cost established for the transportation service area by the estimated
number of peak hour trips to be generated by the new subdivision or
land development using generally accepted traffic engineering standards.
(3)
If the subdivision or land development contains
a mix of uses, the applicant must separately calculate the transportation
impact fee due for each type of use.
L.
Establishment of transportation service areas.
(1)
Transportation service areas are established
as shown on the map, entitled "Figure 3, Transportation Service Areas,"
as included in the analysis and plan and as further attached hereto
as Exhibit "A" and incorporated herein by reference.[2]
[2]
Editor's Note: Exhibit A is on file in the
Township offices.
(2)
Additional transportation service areas may
be designated by the Board from time to time consistent with the procedures
set forth herein and in Act 209 and when designated in consideration
of the following additional factors:
(3)
Transportation impact fees collected from development
in each transportation service area shall be used exclusively to fund
transportation improvements projects scheduled for that transportation
service area.
M.
Nonbinding transportation impact fee estimates. Prior
to making an application for a building permit, an applicant may request
a nonbinding impact fee estimate from the Township. Unless the applicant
specifies a lesser use or development, any such estimate shall be
based upon the maximum development potential of the site pursuant
to existing zoning regulations.
N.
Administration of transportation impact fees.
(1)
Collection. Transportation impact fees due pursuant
to this chapter shall be collected by the Township prior to the issuance
of a building permit in the manner hereinafter set forth.
(2)
Establishment and maintenance of fund. Any transportation
impact fees collected by the Township pursuant to this chapter shall
be deposited into an interest-bearing fund account designated solely
for transportation impact fees, clearly identifying the transportation
service area for which the transportation impact fee was received.
Interest earned by the transportation impact fee account shall be
credited to the account and shall be used solely for the purposes
specified for funds of such account.
(a)
Except as otherwise provided for herein, funds
collected in one transportation service area must be accounted for
and expended for transportation capital improvements identified by
the analysis and plan within the same transportation service area.
(b)
Notwithstanding any other provision of this
chapter, and in compliance with Act 209, the Township may expend transportation
impact fees paid by an applicant for projects not contained in the
analysis and plan, or may provide credit against transportation impact
fees for the value of any construction not contained in the analysis
and plan, which are performed at the applicant's expense if all of
the following criteria are met:
[1]
The applicant has provided written
consent to use its collected transportation impact fees or the provision
of such credit against its transportation impact fees for specific,
alternative transportation projects which are not included in the
analysis and plan;
[2]
The alternative transportation
projects, whether highway or multimodal, have as their purpose the
reduction of traffic congestion or the removal of vehicle trips from
the roadway network; and
[3]
The Township amends its analysis
and plan to provide replacement of the collected transportation impact
fees transferred to alternative transportation projects from sources
other than impact fees or developer contributions within three years
of completion of the alternative projects to which the transferred
transportation impact fees were applied or for which credit was provided.
(3)
Maintenance of records. The Township Manager
or Finance Director shall be responsible for the separate and proper
accounting of any transportation impact fees received pursuant to
this chapter. The Township Manager or Finance Director shall maintain
and keep adequate financial records for each account which shall show
the source and disbursement of all revenues, which shall account for
all monies received, and which shall ensure the disbursement of funds
from each account shall be used solely and exclusively for the provision
of projects specified in the analysis and plan for the particular
transportation service areas.
O.
Method of payment. Payment of the transportation impact
fee shall be made by the applicant prior to the issuance of a building
permit by the Township.
P.
Credit. The Board, at its sole discretion, may direct
the Township Manager to provide the applicant:
(1)
A credit against the transportation impact fee
otherwise due in the amount of the fair market value of any land dedicated
by the applicant to the Township for future right-of-way, realignment
or widening of any existing roadways. The fair market value of the
land dedicated by the applicant shall be determined as of the date
of the submission of the subdivision or land development application
to the Township.
(2)
A credit against the transportation impact fee
otherwise due for the value of construction of road improvements contained
in the analysis and plan which are performed at the applicant's expense.
The amount of such credit for any transportation capital improvement
constructed shall be the amount allocated in the analysis and plan,
including contingency factors, for such work.
(3)
Any applicant who shall perform, at his own
expense, and with the consent and agreement of the Board, off-site
improvements, as herein defined, shall be eligible for a credit from
the transportation impact fee otherwise due in the amount of the actual
cost of such off-site improvements as approved by the Township Engineer,
only if all of the following criteria are met:
(a)
The applicant shall enter into an agreement
(the improvement agreement) with the Board, prior to the issuance
of a building permit. The improvement agreement shall establish the
estimated cost of the off-site improvements, the schedule for initiation
and completion of the off-site improvements, a requirement that the
off-site improvements be completed to Township and Pennsylvania Department
of Transportation standards and design criteria and other such terms
and conditions as deemed necessary by the Board;
(b)
The Board shall review the improvement agreement,
verify costs and time schedules, determine if the improvement is contained
in the analysis and plan, and determine the amount of the applicable
credit for such improvement to be applied against the otherwise due
transportation impact fee; and
(c)
The applicant shall be required to supply financial
security sufficient, in the judgment of the Township, to cover the
cost of any such improvement installed by the applicant for which
the credit is sought.
Q.
Refunds. Transportation impact fees collected pursuant
to this chapter shall be refunded, together with earned accrued interest
thereon, to the payor of the fees from the date of payment under any
of the following circumstances:
(1)
In the event the Township terminates or completes
the analysis and plan for a transportation service area and there
remains at the time of termination or completion undispersed funds
in the account(s) established for that purpose, the Township shall
provide written notice by certified mail to those persons who previously
paid the transportation impact fees which remain undispersed of the
availability of said funds for refund of the persons proportionate
share of the fund balance. The allocation of the refund shall be determined
by generally accepted accounting practices. In the event any of the
funds remain unclaimed following one year after notice, which notice
shall be provided to the last known address provided by the payor
of the transportation impact fee to the Township, the Township shall
be authorized to transfer any funds remaining to any other fund in
the Township without further obligation to refund such funds.
(2)
In the event the Township fails to commence
construction of any transportation service area road improvements
(the transportation capital improvement) within three years of the
scheduled construction date set forth in the analysis and plan, any
person who paid any transportation impact fees pursuant to that analysis
and plan shall, upon written request to the Township, receive a refund
of that portion of the transportation impact fee attributable to the
contribution for the uncommenced Transportation Capital Improvement,
plus interest accumulated thereon from the date of payment.
(3)
If, upon completion of any transportation capital
improvement, the actual expenditures of the transportation capital
improvement are less than 95% of the costs properly allocable to the
transportation impact fee(s) paid within the transportation service
area in which the completed transportation capital improvement was
adopted, the Township shall refund the pro rata difference between
the budgeted costs and the actual expenditures, including interest
accumulated thereon from the date of payment, to the person(s) who
paid the transportation impact fees for such completed transportation
capital improvement.
(4)
If the new subdivision or land development for which the transportation impact fees were paid is not commenced prior to the expiration of the building permits issued for the project within the time limits established by the applicable building codes within the Township or if the building permit as issued for the project is altered and the alteration results in a decrease in the amount of the transportation impact fee due in accordance with the calculations set forth under Subsection K, Calculation of transportation impact fee, hereunder.
R.
Additional and supplemental requirement. The transportation
impact fee is additional and supplemental to, and not in substitution
of, any other requirements by the Township on the subdivision or development
of land or the issuance of building permits. Nothing herein contained
shall be deemed to alter or affect the Township's existing ordinances
and regulations regarding on-site improvements. In no event shall
a property owner be obligated to pay for transportation capital improvements
in an amount in excess of the amount calculated pursuant to this chapter;
provided, however, that a property owner may be required to pay, pursuant
to Township ordinances, regulations or policies, for other public
facilities in addition to the transportation impact fee.
S.
Retroactive application.
(1)
Notwithstanding anything to the contrary contained
herein, transportation impact fees may be imposed on those projects
involving subdivisions, land developments or planned residential developments
for which an application has been filed on or after the first publication
of notice of the Township's intent to adopt this chapter; provided,
however, that such retroactivity does not exceed 18 months after the
adoption of the resolution that created the Committee in connection
herewith.
(2)
In retroactive applications, the pre-trip fee
may not exceed $1,000 or the actual calculated fee, whichever is less.
[1]
Editor’s Note: This ordinance also provided
that the words and phrases of the ordinance are to be construed in
accordance with the following rules: Words and phrases are to be interpreted
as defined by the ordinance; words and phrases that are not defined
by the ordinance are to be interpreted as defined in §§
107 and 502-A of the Municipalities Planning Code (the MPC), 53 P.S.
§§ 10107 and 10502-A, as amended; words and phrases that
are not defined in the ordinance or §§ 107 and 502-A of
the MPC are to be interpreted as defined in the Township's Zoning,
and Subdivision and Land Development Ordinances; words and phrases
that are not defined in the ordinance, §§ 107 and 502-A
of the MPC, or in the Townships Zoning, and Subdivision and Land Development
Ordinances are to be given their common, ordinary dictionary meanings;
and the words, phrases and provisions of the ordinance are not to
be interpreted in a way that results in an absurd construction of
the meaning, or in a way that causes one provision to contradict another.
A.
Drafting standards.
(1)
Final plans for major subdivisions/land developments shall be drawn at a scale of one inch equals 40 feet to coincide with the improvement construction plans required under § 105-22B(5), unless otherwise approved by the Township Engineer.
[Amended 11-16-1989 by Ord. No. 584]
(2)
Dimensions shall be set in feet and decimal parts
thereof; and bearings in degrees, minutes and seconds.
(3)
Each sheet shall be numbered and shall show its relationship
to the total number of sheets.
(4)
Where any revision is made, or when the plan is a
revision of a previously approved plan, notations of revisions shall
be dated.
(5)
The boundary line of the subdivision or land development
shall be shown as a solid heavy line.
(6)
Final plans shall be on sheets either 15 inches by
18 inches, 18 inches by 30 inches or 24 inches by 36 inches, and all
lettering shall be so drawn as to be legible if the plan should be
reduced to half size.
B.
The final plan shall show or be accompanied by the
following information:
(1)
Site plan, showing:
(a)
Name of subdivision or land development.
(b)
Name and address of owner/applicant.
(c)
Name, address and seal of the engineer or surveyor
responsible for the plan.
(d)
Zoning requirements, including:
(f)
Location map showing relation of site to adjoining
properties and streets within 1,000 feet. Scale: one inch equals 800
feet.
(g)
North point.
(h)
Written and graphic scales (including scale
of location map).
(i)
Total acreage of the site.
(j)
A complete outline survey of the property to
be subdivided or developed, showing all courses, distances, tie-ins
to all adjacent intersections and areas.
(k)
Location of all existing monuments.
(l)
Boundaries of all adjoining properties (with
names of landowners in the case of unplatted land).
(m)
Existing streets on and adjacent to the site
with ultimate rights-of-way.
(n)
Existing principal buildings (and their respective
uses) and driveways on the adjacent peripheral strip; sewer lines,
storm drains, culverts, bridges, utility easements, quarries, railroads,
and other significant man-made features within 500 feet of and within
the site, including properties across streets.
[Amended 12-9-1982 by Ord. No. 447]
(o)
The proposed layout:
[1]
The layout and names of streets, including widths of cartways and rights-of-way, and recommended improvements pursuant to § 105-21B(9)(d)[6].
[2]
The lot layout with exact dimensions, areas
and uses of lots; building setback lines; and rear and side yard lines.
[Amended 12-9-1982 by Ord. No. 447]
[3]
The arrangement and use of buildings and parking
areas in nonresidential developments and multifamily developments
with all necessary dimensions and number of parking spaces. Elevations
and perspective sketches of proposed buildings are encouraged.
[4]
Open space areas and indication as to whether
they are offered for dedication.
[5]
Recreational facilities.
[6]
Rights-of-way and/or easements for all drainage
facilities, utilities or other purposes.
[7]
Sidewalks and pedestrian paths.
[8]
Streetlights, in accordance with a streetlight
plan approved by the Philadelphia Electric Company.
[Amended 12-9-1982 by Ord. No. 447]
[9]
Fire hydrants.
[10]
Monuments.
[11]
Gas mains.
[12]
Water mains.
[13]
Driveway locations.
[14]
Locations of private sewer systems,
if applicable.
(p)
Where the final plan covers only a portion of
the applicant's entire tract, a sketch plan shall be submitted of
the prospective street layout for the remainder of the site.
(5)
Improvement construction plan (drainage and construction)
prepared by an engineer. The improvement construction plan shall be
at a horizontal scale on the plan and profile of 40 feet to the inch
and a vertical scale on the profile of four feet to the inch. It shall
contain the following:
[Amended 12-9-1982 by Ord. No. 447]
(a)
Horizontal plan (streets):
[1]
Center line with bearings, distances, curve
data and stations corresponding to the profile.
[2]
Right-of-way and curblines with radii at intersections.
[3]
Beginning and end of proposed construction.
[4]
Tie-ins by courses and distances to intersections
of all public streets, with their names and widths.
[5]
Location of all proposed monuments with reference
to them.
[6]
Property lines and ownership of abutting properties.
[7]
Location and size of all drainage structures,
sidewalks, public utilities, lighting standards, street trees and
street name signs.
(b)
(c)
Cross section (streets):
[1]
Right-of-way width and location, and width of
paving.
[2]
Type, thickness and crown of paving.
[3]
Type and size of curb and size of concrete chair
under joints.
[4]
Grading of sidewalk area.
[5]
Location, width, type and thickness of sidewalks.
[6]
Typical location of sewers and utilities, with
sizes.
(d)
Horizontal plan (storm drains and sanitary sewers):
[1]
Location and size of line with stations corresponding
to the profile.
[2]
Location of manholes or inlets with grade between
and elevation of flow line and top of each manhole or inlet.
[3]
Property lines and ownership, with details of
easements where required.
[4]
Beginning and end of proposed construction.
[5]
Location of laterals and wyes.
[6]
Location of all other drainage facilities and
public utilities in the vicinity of storm and/or sanitary sewer lines.
[7]
Hydraulic design data for culverts and/or bridge
structures.
(6)
Management information. A formal contract for maintenance
of open space and/or private streets and method of management and
maintenance, if applicable.
(7)
Planning modules for land development as required by Chapter 71 of the Pennsylvania Sewage Facilities Act, as amended.
[Amended 12-9-1982 by Ord. No. 447]
(8)
Acknowledgments.
(a)
All offers of dedication and covenants governing
the reservation and maintenance of undedicated open space, bearing
certificate of approval of the Township Solicitor.
(b)
Such private deed restrictions, including building
setback lines, as may be imposed upon the property as a condition
to sale, together with a statement of any restrictions previously
imposed which may affect the title to the land being subdivided.
(c)
Agreement for any street not offered for dedication.
(d)
All required permits and related documentation
from the Pennsylvania Department of Environmental Resources where
any alteration or relocation of a stream or watercourse is proposed.
(e)
Highway occupancy permits or documentation indicating
that such permits are available to the applicant from the Pennsylvania
Department of Transportation and/or the Montgomery County Roads and
Bridges Department, if applicable.
(9)
A plan as stipulated in § 105-21 consistent with the terms of preliminary plan approval and modified as necessary to reflect the proposal for final approval.
[Added 4-6-2006 by Ord. No. 811]
(10)
Final resource impact and conservation plan
(the “final impact plan”).
[Added 4-6-2006 by Ord. No. 811]
(a)
The final impact plan shall comply with all of the requirements for the Preliminary Impact Plan, as set forth in § 105-21B(15) and shall reflect all proposed improvements described in the other Final Plan documents as required under § 105-22 herein.
(b)
The applicant shall submit a resource assessment
report divided into the following sections:
[1]
A description of existing resources, as documented in § 105-21B(13);
[2]
The impact of the proposed subdivision on existing
resources, correlated to the areas depicted in the final impact plan;
and
[3]
The measures to be taken to minimize and control
such impacts, both during and following the period of site disturbance
and construction. A statement of qualifications and experience of
the preparer of this report shall be provided.
(11)
Common open space ownership and management plan. Using the final plan as a base map, the precise boundaries, exact acreage, and proposed ownership of all proposed common open space shall be shown. A narrative report shall also be prepared indicating how and by whom such common open space will be managed, and demonstrating compliance with § 116-277, Ownership and maintenance of common open space, of Chapter 116, Zoning of the Whitemarsh Township Code.
[Added 4-6-2006 by Ord. No. 811]
[Amended 12-9-1982 by Ord. No. 447; 9-18-1986 by Ord. No.
538; 11-16-1989 by Ord. No. 584; 11-16-1989 by Ord. No. 585]
A.
Drafting standards.
(1)
The plan shall be drawn at a scale of one inch equals
50 feet or one inch equals 100 feet.
(2)
Dimensions shall be in feet and decimal parts thereof;
and bearings in degrees, minutes and seconds.
(3)
The boundary line of the subdivision or land development
shall be shown as a solid heavy line.
(4)
Plans shall be on sheets either 15 inches by 18 inches,
18 inches by 30 inches or 24 inches by 36 inches, and all lettering
shall be so drawn as to be legible if the plans should be reduced
to half size.
B.
The minor subdivision plan or minor land development
plan shall show or be accompanied by the following information:
(1)
Site plan, showing:
(a)
Name of subdivision or land development.
(b)
Name and address of the owner/applicant.
(c)
Name, address and seal of the engineer or surveyor
responsible for the plan.
(d)
Zoning requirements, including:
[1]
Applicable district and district boundaries.
[2]
Maximum density permitted and proposed density,
if applicable.
[3]
Lot size and yard requirements.
[4]
Required and proposed open space and impervious
ground coverage ratios, if applicable.
[5]
Steep slope ratio with supporting calculations.
[6]
Any variances or special exceptions granted.
(e)
Location map showing relation of site to adjoining
properties and streets within 1,000 feet. (Scale: one inch equals
800 feet.)
(f)
North point.
(g)
Written and graphic scales, including scale
of location map.
(h)
Total acreage of the site.
(i)
Site boundaries.
(j)
Boundaries of all adjoining properties (with
names of landowners in the case of unplatted land).
(k)
Existing streets on and adjacent to the site
with rights-of-way.
(l)
Existing principal buildings (and their respective
uses) and driveways on the adjacent peripheral strip; sewer lines,
storm drains, culverts, bridges, utility easements, quarries, railroads
and other significant man-made features within 500 feet of and within
the site, including properties across streets.
(m)
Lot layout with exact dimensions, areas and
uses of lots; building setback lines and rear and side yard lines.
(n)
Types of buildings proposed, if any.
(o)
Number of units proposed.
(p)
Open space areas, if any.
(q)
Monuments.
(r)
Floodplains and floodplain soils.
(2)
Management information. A formal contract for maintenance
of open space and/or private streets and method of management and
maintenance, if applicable.
(3)
Planning modules for land development as required by Chapter 71 of the Pennsylvania Sewage Facilities Act, as amended, if necessary.
(4)
Acknowledgments.
(a)
All offers of dedication and covenants governing
the reservation and maintenance of undedicated open space, bearing
a certificate of approval of the Township Solicitor.
(b)
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.
(c)
All required permits and related documentation
from the Pennsylvania Department of Environmental Resources where
any alteration or relocation of a stream or watercourse is proposed.
(d)
Highway occupancy permits or documentation indicating
that such permits are available to the applicant from the Pennsylvania
Department of Transportation and/or the Montgomery County Roads and
Bridges Department, if applicable.
(f)
A letter of commitment or agreement indicating
the availability of a central water supply from the appropriate utility,
if applicable.
A.
The record plan shall be a clear and legible blue
or black line print and shall be an exact copy of the approved final
plan on a sheet of the size required for final plans.
B.
The following information shall appear on the record plan, in addition to the information required in §§ 105-22 and 105-23 for the final plan:
(1)
Seals.
(a)
The impressed seal of the engineer or surveyor
who prepared the plan.
(b)
The impressed corporate seal, if the subdivider
is a corporation.
(c)
The impressed seal of a notary public or other
qualified officer acknowledging the owner's statement of intent.
(d)
The impressed Seal of the Montgomery County
Planning Commission.
(2)
Acknowledgments:
(a)
A statement to the effect that the applicant
is the owner of the land proposed to be subdivided and that the subdivision
shown on the final plan is made with his or their free consent and
that it is desired to record the same.
(b)
An acknowledgment of said statement before an
officer authorized to take acknowledgments.
(c)
A signed title block, if private sanitary sewer
systems are proposed, as follows:
|
OBSERVATIONS OF DEEP TEST HOLES AS DESCRIBED
IN THE PLANNING MODULE FOR LAND DEVELOPMENT AND PERCOLATION TESTS
ON ALL LOTS HAVE BEEN PERFORMED BY AN APPROVED SEWAGE ENFORCEMENT
OFFICER, AND IT HAS BEEN DETERMINED THAT ALL LOTS ARE SUITABLE FOR
__________ TYPE SEWAGE DISPOSAL SYSTEM(S) UNDER CURRENT RULES AND
REGULATIONS. PERMITS FOR THE CONSTRUCTION OF EACH INDIVIDUAL SEWAGE
DISPOSAL SYSTEM ON EACH LOT MUST BE OBTAINED PRIOR TO THE COMMENCEMENT
OF CONSTRUCTION OF THE SYSTEM AND/OR BUILDINGS.
| ||
|
| ||
|
Date
| ||
|
| ||
|
Signature, Sewage Enforcement Officer
| ||
(d)
A certification by the Montgomery County Planning
Commission acknowledging its review.
[Added 11-16-1989 by Ord. No. 584]
(3)
The following signatures shall be placed on the plan
in black ink:
(a)
The signatures of the owner or owners of the
land. If the owner of the land is a corporation, the signatures of
the president and secretary of the corporation shall appear.
(b)
The signature of the notary public, or other
qualified officer, acknowledging the owner's statement of intent.
(c)
The signature of the engineer or surveyor who
prepared the plan.
(d)
The signature of the Township Engineer.
(e)
The signatures of the Chairman and the Secretary
of the Board of Supervisors.
(f)
The signature of the Director of the Montgomery
County Planning Commission.
[Added 4-6-2006 by Ord. No. 811]
A.
All preliminary and final subdivision or land development
plans in the Conservation Design Overlay District shall be referred
to and reviewed by the Planning Commission and shall be approved or
disapproved by the Board of Supervisors in accordance with the procedures
specified in this section and in other sections of this chapter.
B.
Overview of procedures: The item in Subsection B(1) and the items in Subsection B(3) through (5) below are optional, but strongly encouraged as important, valuable and highly recommended steps. The item in Subsection B(2) is required at the time of submission of the preliminary plan, but is also strongly recommended at the time of submission of the sketch plan. The items in Subsection B(6) through (9) are required. These steps shall be followed sequentially, and may be combined only at the discretion of the Board of Supervisors.
(1)
Preapplication meeting with the Planning Commission.
(2)
Existing resources and site analysis plan.
(3)
Site inspection by Planning Commission and applicant.
(4)
Presketch plan conference.
(5)
Sketch plan submission and review.
(6)
Preliminary plan: determination of completeness in accordance with the requirements of § 105-21 and all other applicable sections of this chapter.
(7)
Final plan, preparation: completion and compliance
with all conditions of preliminary plan approval and documentation
of all other agency approvals, as applicable.
(8)
Final plan, submission: determination of completeness,
review, and action on the final plan by the Board of Supervisors,
taking into consideration all recommendations made by the Planning
Commission.
(9)
Recording of approved final plan with the Montgomery
County Recorder of Deeds within the time constraints established by
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
C.
Submission and review of sketch plan.
(1)
Applicability. A sketch plan is strongly encouraged for all proposed minor or major subdivisions and land developments. Sketch plans, as described in § 105-20, shall be submitted to the Township for review by the Planning Commission. Submission of a sketch plan does not constitute formal filing of a plan with the Township, and shall not commence the statutory review period as provided by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
(2)
Preapplication meeting. If a sketch plan is
to be submitted, a preapplication meeting will be scheduled, previous
to sketch submittal, between the applicant, the site designer, and
the Planning Commission and its planning consultant, to introduce
the applicant to the Township's Zoning and Subdivision and Land Development
Chapters and procedures, to discuss the applicant's objectives, and
to schedule site inspections, meetings and plan submissions as described
below. Applicants are also encouraged to present the existing resources
and site analysis plan at this meeting.
(3)
Existing resources and site analysis plan. Applicants are encouraged to submit an ERSAP prepared in accordance with the requirements contained in § 105-21B(13) of this chapter. The purpose of this submission is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for them in making a site inspection. The ERSAP shall be provided prior to or at the site inspection, and shall form the basis for the development design as shown on the sketch plan (or on the preliminary plan, if the optional sketch plan is not submitted).
(4)
Site inspection. After submitting the ERSAP
to the Township, a site inspection of the property by the Planning
Commission, other Township officials and the applicant will be scheduled.
Applicants, their site designers, and the landowner are encouraged
to attend the site inspection. The purpose of the visit is to familiarize
local officials with the tract's existing conditions and special features,
to identify potential site design issues, and to provide an informal
opportunity to discuss site design concepts, including the general
layout of designated common open space, if applicable, and potential
locations for proposed buildings and street alignments.
(5)
Presketch conference. Following the site inspection and prior to the submission of a sketch plan, the applicant is encouraged to meet with the Planning Commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the five-step design procedure described in § 105-21B(14) of this chapter, where applicable. At the discretion of the Planning Commission, this conference may be combined with the site inspection.
(6)
Sketch plan submission and review.
(a)
At least seven days prior to the Planning Commission meeting at which the sketch plan is to be discussed, copies of a sketch plan, meeting the requirements set forth in § 105-20 of this chapter, shall be submitted to the Township Manager during regular business hours for distribution to the Board of Supervisors, the Planning Commission, the Township Planner, the Township Engineer and applicable Township advisory boards. The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for common open space, building sites, and street alignments, and shall be based closely upon the information contained in the ERSAP. The sketch plan shall also be designed in accordance with the five-step design process described in § 105-21B(14) of this chapter and with § 116-276, greenway land use and design standards, of Chapter 116, Zoning, of the Code of Whitemarsh Township.
(b)
The Planning Commission shall review the sketch
plan in accordance with the criteria contained in this chapter and
with other applicable Township ordinances. The review shall informally
advise the applicant of the extent to which the proposed subdivision
or land development conforms to the relevant standards of this chapter,
and may suggest possible plan modifications that would increase its
degree of conformance. The review shall include but is not limited
to:
[1]
The location of all areas proposed
for land disturbance (streets, foundations, yards, septic disposal
systems, stormwater management areas, etc.) with respect to notable
features of natural, historical or cultural significance as identified
on the applicant's ERSAP and on the Conservation Features Map;
[2]
The potential for street connections
with existing streets, other proposed streets, or potential developments
on adjoining tracts;
[3]
The location of proposed access
points along the existing road network;
[4]
The proposed building density and
impervious coverage;
[5]
The compatibility of the proposal
with respect to the objectives and policy recommendations of the Comprehensive
Plan and the Conservation Features Map; and
[6]
Consistency with the Zoning Chapter.
(c)
The Planning Commission shall submit its written
comments to the applicant and to the Board of Supervisors.
D.
Submission and review of preliminary plan.
(1)
The preliminary plan is an engineered scale drawing in which layout ideas are illustrated in precise detail. If an applicant opts not to submit a sketch plan, the preliminary plan shall include all information required for sketch plans listed in § 105-20 of this chapter, specifically including the ERSAP per § 105-21B(13) of this chapter, plus further details as noted in this section.
(2)
The applicant shall complete and sign the application
form provided by the Township and shall accompany such application
form with the type and number of plans, documents and other submissions
required and the appropriate filing fee(s). The applicant shall identify
the name, address and telephone number of the record holder of legal
title to the land involved, if different from the applicant, the nature
of the applicant's interest in the land (whether holder of legal or
equitable title or otherwise), and the name, address, and telephone
number of the broker or real estate agent, if any. No application
shall be deemed filed unless all requirements have been met and all
fees thereof paid in full.
(3)
The ERSAP shall be presented at the preapplication meeting, and distributed to those Township officials who attend the site inspection described in § 105-24.1C(4) of this chapter, which shall occur at the preliminary plan stage if it has not already occurred at the sketch plan stage.
(4)
The Planning Commission shall review the preliminary
plan and any recommendations made by county, state and federal agencies
and the Township Planner and the Township Engineer, to determine conformance
of the preliminary plan with this chapter, the Zoning Chapter, and
any other relevant Township ordinances.
(5)
After such review, the Planning Commission shall
submit its report to the Board of Supervisors, containing its findings
and recommendations, citing specific sections of the statutes or ordinances
relied upon. A copy of said report shall be given to the applicant.
E.
Submission of final plan documents.
(1)
Within one year after approval of the preliminary plan, a final plan and all supplementary data, together with an application form provided by the Township and filing fees shall be officially submitted to the Township Manager. The final plan shall conform to the requirements set forth in § 105-22 of this chapter. It shall also conform to the preliminary plan as previously reviewed by the Planning Commission and the Board of Supervisors, and shall incorporate all conditions set by the Board of Supervisors in its approval of the preliminary plan. No application shall be deemed filed unless all requirements have been met and all fees paid in full.
(2)
The Board of Supervisors, at its sole discretion,
may permit submission of the final plan in phases, each covering a
reasonable portion of the entire proposed development as shown on
the approved preliminary plan, provided that the first final plan
phase shall be submitted within one year after approval of the preliminary
plan. Each subsequent phase shall be submitted within one year of
approval of the previous phase, provided all phases have been submitted
within three years after the date of preliminary plan approval.
(3)
Unless the filing deadline in § 105-24.1E(1) and (2) of this chapter is waived or extended by the Board of Supervisors, failure to make timely submission of final plans renders void a preliminary plan, and the applicant shall be required to file a new application and fee for preliminary plan approval.
(4)
Official submission of the final plan to the
Township Manager shall consist of:
(a)
Three copies of the application for review of
final subdivision or land development plan.
(b)
Thirty or more copies of the final plan and
all supporting plans and information to enable proper distribution
and review, as required by the Board of Supervisors.
(c)
Copies of all applications made or notices provided
to federal, state and county agencies by or on behalf of the applicant
for permits, certifications, approvals or waivers required or sought
for either subdivision or land development as proposed in the preliminary
plan or in the final plan, including, but not limited to, applications
or notices provided to the U.S. Army Corps of Engineers, the U.S.
Department of Agriculture Soil Conservation District, the U.S. Environmental
Protection Agency, the state DEP, or the state Department of Transportation
and the Montgomery County Health Department.
(d)
Payment of application fees and deposit of escrow
for plan review costs.
(5)
The Township Manager shall note the date of
receipt and shall then forward:
(a)
Seven copies of the final plan and application
to the Planning Commission;
(b)
One copy each to the Assistant Township Manager
and the Township Engineer;
(c)
Five copies to the Board of Supervisors;
(d)
Two copies for the Township files;
(e)
One copy to the Historical Architectural Review
Board, where applicable;
(f)
Seven copies to the Township Environmental Advisory
Board;
(g)
One copy to the Township Park and Recreation
Board;
(h)
One copy to the Township Shade Tree Commission;
(i)
One copy, referral letter and sufficient fee
to the Montgomery County Planning Commission, when required by the
Board of Supervisors;
(j)
One copy to other state and county agencies,
including the Montgomery County Health Department, when required by
the Board of Supervisors;
(k)
One copy to the governing body of any adjacent
municipality or municipalities if the tract to be subdivided abuts
or lies partially in that municipality; and
(l)
One copy of the sedimentation and erosion control
plan and application form to the U.S. Department of Agriculture Soil
Conservation District, where applicable.
(6)
Where the final plan is for a minor subdivision, the applicant shall submit the plan in accordance with the requirements of § 105-23 of this chapter.
(7)
The final plan and supporting data (including
reports from the State DEP, the Montgomery County Board of Health,
the Montgomery County office of the USDA Natural Resources Conservation
Service, and the Montgomery County Planning Commission) shall comply
with the provisions of this chapter and those of the Zoning Chapter.
(8)
The Planning Commission may review the final
plan and the recommendations of the Township Engineer and any other
reviewing agencies, to determine its conformance with the requirements
of this chapter and with those of the Zoning Chapter.
(9)
No approval of the final plan shall be granted
by the Board of Supervisors until the Township receives notification
of DEP's approval of the sewage facilities planning module. Should
such notification not be received within the time limitations for
final plan approval in accord with this chapter, the time limitations
shall be extended for not more than 90 days at the written consent
of the applicant. If the applicant refuses to provide such written
consent, the final plan shall be disapproved.
(10)
Notwithstanding the foregoing procedure, unless
the applicant agrees in writing to extend the time period for decision,
the Board of Supervisors shall render a decision on all final plans
within the statutory time limitations.
(11)
The decision of the Board of Supervisors shall
be in writing and shall be communicated to the applicant as required
by the Pennsylvania Municipalities Planning Code.
(12)
If at any time the applicant submits a revised
final plan, it shall be deemed a new application and shall not be
accepted unless it is accompanied by the applicant's written and executed
agreement of a ninety-day extension of the period required by the
Pennsylvania Municipalities Planning Code for decision on the final
plan by the Township. No new application fee shall be required for
any revision submitted within two years of the first final plan application.
(13)
Copies of the final plan, as finally approved with the appropriate endorsement of the Board of Supervisors, shall be recorded, at the applicant's sole cost, by the Township in the Office of the Montgomery County Recorder of Deeds in accordance with § 105-17 of the Code.
(14)
Approval of any final plan shall, in addition
to any other applicable provisions of this chapter, be subject to
the following conditions:
(a)
The applicant shall execute an agreement in accordance with § 105-89A of this chapter, verifying that all required improvements and common amenities shall be constructed, and further guaranteeing completion and maintenance of these improvements and common amenities through a type of financial security acceptable to the Township.
(b)
Where applicable, the applicant shall execute an escrow agreement to cover the cost of all required improvements and common amenities, in accordance with § 105-89B of this chapter.
(c)
The applicant shall agree, if requested, to
tender to the Township a deed of dedication in a form satisfactory
to the Township Solicitor for streets and improvements thereto, including
street paving, water mains, fire hydrants, storm sewers, inlets, pumping
stations and other appurtenances as shall be constructed as public
improvements within the public right-of-way and are required for the
promotion of public welfare. The Township shall not take dedication
until such time as all streets and improvements to be dedicated are
completed and are certified as being satisfactory by the Township
Engineer. The Board of Supervisors may require that the applicant
provide a certificate from a duly licensed title insurance company
certifying that the title to be conveyed is good and marketable, free
of all liens and encumbrances, except utility easements, before the
Township accepts dedication.
(d)
Whenever the applicant is providing common open space as part of the development, such common open space shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities in conformity with the provisions of § 116-276, Permanent common open space protection through conservations easements, of Chapter 116, Zoning, of the Code of Whitemarsh Township. The permitted activities identified shall be consistent with § 116-275, Common open space land use and design standards, of Chapter 116, Zoning, of the Code of Whitemarsh Township. Such easement shall be executed between the applicant and either the Township or, with Township consent, a conservation organization qualified to accept charitable donations of conservation easements.
(e)
The applicant shall submit to the Township all
required permits, approvals or waivers from agencies having jurisdiction
over ancillary matters necessary to effect the subdivision or land
development, such as Pennsylvania Department of Transportation, Environmental
Protection Agency, the Public Utility Commission, U.S. Army Corps
of Engineers, Department of Agriculture Soil Conservation District,
and/or the Montgomery County Health Department.
