Township of Lower Gwynedd, PA Article VII Final Plans for Minor Subdivisions

§ 1230.22 Purpose.

The purpose of the minor subdivision is to provide an expeditious means of subdivision approval for the annexation of land between existing lots and the adjustment or relocation of one existing boundary line between two adjacent lots or the shifting of boundary lines to increase the area of an existing lot; provided, however, that the lot line change results in the same number of or fewer lots than existed prior to the lot line change; and, provided that all provisions of this chapter and the Zoning Ordinance (Chapters 1250 through 1299) are met. Conditions for minor subdivision are specified in the definition of "subdivision" in Section 1230.06.

§ 1230.23 Procedure.

(a) The applicant or his agent shall prepare the final plan and application.

(b) The applicant shall submit 15 copies of the final plan, any required information and application forms to the Township at least seven days prior to a regularly scheduled meeting of the Planning Commission.

(c) Copies of the final plan and all required supplemental data shall be submitted to the Township, together with the required fees and escrow deposit established in accordance with the current fee schedule adopted by resolution by the Board of Supervisors. The Township shall note the date of receipt of the application, fees and escrow deposit. No application shall be accepted without all required information; the required fees and the required escrow deposit all having been submitted.

(d) Upon submission of a complete application, together with all required fees and escrow deposits, the Township shall accept the application, plans and other required materials as filed, and shall distribute copies of the final plan and application to:

(1) The Township Board of Supervisors: five copies.

(2) The Township Planning Commission: seven copies.

(3) The County Planning Commission: one copy.

(4) The Township Engineer: one copy.

(5) The Township files: one copy.

(6) Additional copies as required.

(e) Following acceptance of the plan by the Township, the Township Engineer shall:

(1) Review the applicant's submission for engineering considerations.

(2) Prepare a report for the Planning Commission and the Board of Supervisors.

(f) Township Planning Board action.

(1) Following acceptance of the plan by the Township, the Township Planning Commission shall:

A. Receive and review the applicant's submission and the reports from the County Planning Commission and the Township Engineer.

B. Discuss the submission with the applicant, if requested by the applicant.

C. Evaluate the applicant's submission, presentation, discussion with the applicant and the reviewing agencies' reports.

D. Determine whether the final plan meets the objectives and requirements of this chapter and other ordinances.

E. Prepare a written report recommending approval or denial of the final plan for use by the Board of Supervisors.

(2) The Planning Commission shall not submit a report to the Board of Supervisors which recommends approval subject to conditions unless a recommendation for waiver or modification is attached. The Planning Commission shall recommend denial of plans which would not comply with the Township's ordinances.

(g) Within 90 days of the start of the review period as set forth in Section 1230.07(b), the Board of Supervisors shall:

(1) Review and evaluate the applicant's submission.

(2) Review and evaluate all reports received from the reviewing agencies.

(3) Listen to the applicant's presentation if requested, and discuss the proposal with the applicant, if requested.

(4) Determine whether the final plan meets the objectives and requirements of this chapter and other ordinances.

(5) Communicate the decision, in writing, to the applicant no later than 15 days following the decision and within the ninety-day review period established in Section 1230.07(b).

(h) Approval of the final plan shall not constitute an authorization for the transfer of property. Refer to Section 1230.26.

(i) Whenever the approval of the final plan is subject to conditions, the written action of the Board of Supervisors shall:

(1) Specify each condition of approval, citing relevant ordinance provisions.

(2) Require the applicant's written agreement to the conditions. Where the applicant's written acceptance of the conditions is not received within 10 days, the Board shall be deemed to have denied approval.

(j) Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and manner required shall be a deemed approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change will have a like effect.

(k) If denied, the Board of Supervisors shall state the reasons for this action, citing specific sections in applicable ordinances which the plan failed to meet.

(l) If the final plan is denied, the applicant may file a revised final plan with the Township following the same submission procedures required for the previous final plan submission. Fees for the revised plan shall be charged and paid in accordance with the regular fee schedule as if the plan were being filed for the first time.

§ 1230.24 Minor plan submissions.

Minor plans may be submitted and processed only for lot line adjustments, simple conveyances, minor subdivisions and minor land developments as characterized in this article, in accordance with the standards and requirements in this section.

(a) Standards for qualification as a minor plan submission.

(1) Lot line adjustment.

A. A proposal between two abutting, existing, legally approved and recorded lots.

B. A common lot line is proposed to be adjusted in terms of configuration.

C. The land area of each lot may be different after adjustment, but the total lot area of the two lots will be unchanged.

D. No alteration will occur to the perimeter boundary lines of the two lots.

E. Neither lot shall violate the applicable dimensional requirements of the Zoning Ordinance (Chapters 1250 through 1299) as a result of the lot line adjustment.

F. Possible reasons for lot line adjustments include, but are not necessarily limited to:

1. Correcting errors regarding locations of existing improvements (e.g., if the driveway for Lot No. 1 is located on Lot No. 2).

2. Relating the line to definitive, physical characteristics (e.g., to adjust the line to run along an existing hedgerow).

3. Preferences of the landowners involved.

(2) Annexation.

A. A proposal between two abutting, existing, legally approved and recorded lots.

B. A portion of one lot is being divided off to be conveyed to the owner of the abutting lot.

C. The land area of each lot will be different after conveyance, but the total lot area of the two lots will be unchanged.

D. The lot from which the land is being conveyed must be suitable in terms of the applicable dimensional requirements of the Zoning Ordinance so that, after conveyance, it will remain in compliance with those requirements.

E. The land area being conveyed need not satisfy any of the dimensional requirements applicable to lotting in the district in which it is located, nor the street frontage requirements of the Zoning Ordinance (Chapters 1250 through 1299), provided that it shall be deed restricted to the extent that it may not be transferred independently, but must be transferred together with the lot to which it is being functionally added by the process of simple conveyance.

(3) Minor subdivision.

A. A subdivision proposal which would divide one existing lot into two lots, both of which will comply with the applicable dimensional, requirements of the Zoning Ordinance (Chapters 1250 through 1299) district in which the existing lot is located.

B. The existing lot has sufficient frontage on an existing, improved public street to satisfy the applicable Township requirements for lot frontage and access to a public street for both proposed lots.

C. The subdivision will not require new road construction, road improvements or the extension of existing public utility lines.

D. The proposal will not involve significant stormwater and/or erosion control issues, as determined by the Township Engineer.

E. Disqualification. The Board of Supervisors may require standard preliminary plan submission in place of a minor plan when conditions warrant it on the advice of the Township staff.

(4) Minor land development.

A. A land development proposal where it is found that the intended development or modification of a site or use and occupancy of an existing structure will create a minimal impact upon traffic, drainage, visual image, landscaping, buffering, lighting or other elements described within the purposes of this section.

B. Parking lot expansions.

C. Additions to existing nonresidential buildings, provided that the addition is less than 5,000 gross square feet and involves no more than a twenty-five-percent increase in the size of the existing building.

D. The conversion of a residential dwelling that results in the creation of no more than two new dwelling units.

E. The addition of tenants to an existing nonresidential building when minimal structural improvements are required.

F. Disqualification. The Board of Supervisors may require standard preliminary plan submission in place of a minor plan when conditions warrant it on the advice of the Township staff.

(b) Submission requirements.

(1) Drafting standards.

A. Plans shall be drawn on sheets 24 inches by 36 inches. All sheets comprising a submission shall be on one size. Sheets shall be large enough to clearly show all, required features but at a scale not less than one inch equals 100 feet. The plan shall be clear and legible white paper print.

B. Each set of plans shall be folded to a size which will fit in a legal size (8 1/2 inches by 14 inches) file folder.

C. At the discretion of the Board of Supervisors, plans shall also be delivered to the Township on computer diskette or compact disc in a software format as established by the Board.

D. The boundary of the site shall be shown as a solid heavy line.

E. The submission shall include a copy of a site plan for all properties involved in the proposed minor subdivision. This plan shall be on a single sheet at an appropriate scale that will fit the maximum sheet size submitted.

F. Dimensions shall be in feet and decimal parts thereof, and bearings in degrees, minutes and seconds.

G. Each sheet shall be numbered and shall show its relationship to the total number of sheets.

H. Where any revision is made or when the plan is a revision of a previously approved plan, notations of revisions shall be numbered, described and dated.

I. The plan shall be so prepared and bear an adequate legend to indicate clearly which features are existing and which are proposed and a description of the symbols used.

J. Property lines shall be drawn and labeled in conformance with accepted surveying and civil engineering practices, including dimensions shown in feet and decimals and bearings shown in degrees, minutes and seconds.

(2) Basic information to be shown on the plan.

A. The name, address and phone number of the applicant.

B. The name, address and phone number of any other property owner involved in the proposal.

C. The name, address, phone number and professional seal of the individual that prepared the plan.

D. Date of preparation of the plan and a descriptive list of revisions to the plan, and the revision dates.

E. North point and graphic and written scale.

F. Location plan showing the relationship of the subject tract to the surrounding road network and major physical features. The location plan shall be at a scale of not less than one inch equals 800 feet.

G. Entire boundary lines of all lots involved in the proposal, with bearings and distances and lot areas. Boundary lines shall be established by field survey and shall be shown as solid heavy, lines. The date of and by whom the survey was performed shall be indicated on the plan.

H. A list of the basic dimensional requirements of the applicable zoning districts.

I. Legend sufficient to indicate clearly between existing and proposed conditions.

J. Notes sufficient to describe what is being proposed and which land areas are to be transferred as a result of the proposal.

K. Zoning standards, required and proposed, including:

1. Applicable district.

2. Maximum density, if applicable.

3. Lot area and yard requirements.

4. Maximum building coverage and impervious service ratio.

5. Any variances, conditional uses, or special exceptions granted.

L. Streets on and adjacent to the site with legal and ultimate rights-of-way.

M. All existing buildings (and the uses contained therein), driveways, wells, sewer systems, utility easements, etc.

N. Monuments, existing and proposed.

(3) Existing and proposed features to be shown on the plan.

A. For lot line adjustments:

1. The lot line proposed to be adjusted, as it currently exists, shown as a dashed line labeled "lot line to be removed."

2. The lot line as it is proposed to be after adjustment, drawn using a solid heavy line and labeled "proposed new lot line."

3. Any existing physical features of the site which are involved in the decision to adjust the line.

4. Any existing and/or proposed features which will be directly affected by lot line adjustment.

B. For simple conveyances:

1. The land area to be conveyed, drawn in a manner which makes it readily identifiable.

(A) The lot lines defining this area shall be drawn using the standard lot line delineation at a heavier line weight than the other lot lines.

(B) This area shall be labeled "this area to be conveyed to (name) and is not a separate building lot."

2. The area of the parcel being conveyed.

3. The areas of the previously existing lots and their areas following conveyance.

4. Any existing and/or proposed site features which will be directly affected by the conveyance.

C. For minor subdivisions:

1. Existing features:

(A) Streets bordering or crossing the tract, showing names, rights-of-way and cartway widths, and surface conditions.

(B) Locations of all storm sewer lines, sanitary sewer lines, water supply lines and any other underground utility lines.

(C) Location of all watercourses and limits of any floodplain and flood-prone areas as defined in the Zoning Ordinance.

(D) Contours on the newly created lot shall be established by field surveyor aerial photography at vertical intervals of two feet for land with an average slope of 4% or less; vertical intervals of five feet for more steeply sloping land.

(E) Location and description of existing buildings and other structures, labeled "to remain" or "to be removed" as applicable and location and description of existing buildings and other structures less than 50 feet beyond the tract boundaries.

(F) Outer limits of trees masses.

(G) Locations of any natural or man-made feature which may affect the developability of the land, including, but not limited to, those features identified under Section 1230.48, Natural resource protection standards, and Section 1230.52, of this chapter, which are located within the property and up to 100 feet beyond the tract boundaries.

(H) Location, type and ownership of major utilities, such as pipelines and electric transmission lines, both above and below ground, with notes describing:

[1] Easement or right-of-way dimensions.

[2] Additional setback or development restrictions imposed by the utility company.

[3] Specific type of product using pipelines.

2. Proposed features:

(A) Layout and dimensions of both lots, including net lot areas and ultimate rights-of-way.

(B) All building setback lines.

(C) Locations of on-site water supply and sewage disposal, if applicable.

(D) For minor subdivision involving public sewer, the applicant shall submit a sewer planning module to the Township and Authority at the time of initial plan submission.

3. For minor land developments. The existing and proposed features for minor subdivisions above should be used for minor land developments. In addition to these requirements, the following shall be shown:

(A) Parking lot locations and required parking lot lighting.

(B) New buildings or additions to existing structures.

§ 1230.25 Acknowledgements.

The final plan shall contain the following acknowledgements:

(a) All offers of dedication and covenants governing the reservation and maintenance of undedicated open space before being accepted shall bear the 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 title to the land to be subdivided.

§ 1230.26 Recording required; record plan.

(a) Requirement to record.

(1) Following the action of the Board of Supervisors or of the court on appeal in approving any subdivision or land development plan, an approved duplicate copy of such plan shall, within 90 days of the date of approval, be recorded by the Township in the Office of the Recorder of Deeds of Montgomery County. If the plan is not recorded within the ninety-day period, the approval shall lapse and become void.

(2) In proposals to annex in common deed, a draft of the deed shall be submitted with the final plan. Following final plan approval, the approved deed shall, within 90 days of the date of approval, be recorded by the Township Solicitor's Office in the Office of the Recorder of Deeds of Montgomery County. The Township Solicitor will notify the Township of the deed book and page number as soon as that information is available.

(b) Record plan.

(1) The record plan shall be a clear and legible blue- or black-line print on white opaque linen. The record plan shall be an exact copy of the approved final plan on a sheet size required for final plans. Two opaque linen or Mylar and five paper prints are required as the record plan submission. One opaque linen or Mylar and five paper prints will be retained by the Township for its files. Record plans shall be drawn on sheets 24 inches by 36 inches. Record plans shall not be folded.

(2) The following information shall appear on the record plan, in addition to the information required for the final plan submission:

A. The impressed seal of the licensed engineer, architect, landscape architect, or surveyor who prepared the plan.

B. The impressed corporation seal, if the subdivider is a corporation.

C. The impressed seal of a notary public or other qualified officer acknowledging each owner's statement of intent.

D. A statement to the effect that each of the applicants 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.

E. An acknowledgment of said statement before an officer authorized to take acknowledgments.

F. The following signatures shall be placed directly on the plan in ink:

1. The signature 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.

2. The signature of the notary public or other qualified officer, acknowledging the owner's statement of intent.

3. The signatures of the licensed engineer, architect, surveyor or landscape architect who prepared the plan.

4. The signature of the Township Engineer.

5. The signature of the Township Solicitor.

6. The signatures of the Township Board of Supervisors, the Township Planning Commission and the Township Secretary with the impressed Township seal.

7. The stamp and seal of the Montgomery County Planning Commission.

(c) The following statement shall be required on the final plans where applicable:

(1) If applicable:

"The retention/detention basins and stormwater facilities (as shown on this plan) are a basic and perpetual part of the storm drainage system of the Township of Lower Gwynedd, and as such are to be protected and preserved, in accordance with the approved final plan by the owner(s) on whose lands the structure(s) is (are) located. The Township of Lower Gwynedd and/or its agents reserves the right and privilege to enter upon such lands from time to time for the purpose of inspection of said retention/detention basin(s) in order to determine that the structural and design integrity are being maintained by the owner(s)."

"In the event that maintenance and structural integrity are not maintained by the owner as required by the Township, the owner hereby grants to the Township the right to enter upon such property and to perform any and all improvements, revisions or maintenance as may be determined necessary by the Township and to recover the costs thereof from the property owner by all lawful means including, but not limited to, the imposition of a municipal lien on the subject property."

(2) If applicable:

"Open space land may not be separately sold, nor shall such land be further developed or subdivided."

(3) If applicable:

"All development activities, such as clearing, grading, re-grading, driveways, roads, buildings, septic systems, retention/detention basins and utility easements shall be limited to the natural resource protection standards as specified in the Lower Gwynedd Township Zoning Ordinance as last amended. The remaining resources shall remain in its natural condition including the natural forest ground cover. This restriction shall run with the land and be binding on the present and all future owners and/or lessees."