[Ord. 2013-499, 7/10/2013]
The standards, requirements, and procedures contained in this
Part shall govern the filing and processing of all applications for
subdivision and/or land developments in Red Hill Borough.
[Ord. 2013-499, 7/10/2013]
1.
All applications for subdivision and/or land development shall be
classified as sketch plans, preliminary plans, final plans, or minor
plans, as further regulated herein. Figure 3.1 graphically presents
the general plan processing procedure.
[Amended by Ord. No. 2018-544, 3/14/2018; and by Ord. No. 2020-566, 8/12/2020]
|
Figure 3.1. Subdivision and Land Development Process
| ||
|
Subdivision and/or Land Development Plan Review Procedure
| ||
|
Sketch Plan: § 22-302
(strongly encouraged)
| ||
|
•
|
Plan filing 7 days prior to Planning Commission meeting (if
no Borough consultant review requested)
| |
|
•
|
Plan filing 15 days prior to Planning Commission meeting (if
Borough consultant review requested)
| |
|
•
|
Planning Commission review and optional Borough consultant review
| |
|
Preliminary Plan: § 22-304
| ||
|
•
|
Plan filing 21 days prior to Planning Commission meeting
| |
|
•
|
90-day review period from date of Planning Commission meeting
acceptance (or extension)
| |
|
•
|
Planning Commission review and recommendation
| |
|
•
|
Review by outside agencies (PADEP, MCCD, PADOT, sewer authority,
etc.)
| |
|
•
|
Red Hill Borough Council approval/denial/approval subject to
conditions of preliminary plan
| |
|
•
|
Approval valid for five years
| |
|
Final plan: § 22-306
| ||
|
•
|
Plan filing 21 days prior to Planning Commission meeting
| |
|
•
|
Review by outside agencies (as necessary)
| |
|
•
|
Red Hill Borough Council disapproval/approval of final plan
| |
|
Minor Plan Review Procedure
| ||
|
Minor Plan: § 22-309
| ||
|
•
|
Plan filing 21 days prior to Planning Commission meeting
| |
|
•
|
90-day review period from date of Planning Commission meeting
acceptance (or extension)
| |
|
•
|
Planning Commission review and recommendation
| |
|
•
|
Review by outside agencies (PADEP, MCCD, PADOT, sewer authority,
etc.)
| |
|
•
|
Red Hill Borough Council approval/denial/approval subject to
conditions of preliminary/final plan
| |
E.
Environmental Impact Statement. All minor plans, preliminary plans,
and final plans shall include a detailed environmental impact statement
setting forth the following:
(1)
The social, environmental and economic impact of the proposed
action: in this regard the social impact shall include an analysis
of the impact of the proposed development or subdivision on the character
of the area and neighborhood in which it is located as well as the
impact on the overall character of life in the Borough of Red Hill;
the environmental impact for purposes of this subsection shall refer
to the effects on environmentally defined issues as enumerated herein;
the economic impact of the proposed subdivision and/or land development
will include, but not be limited to, an analysis of the impact on
the taxing structure of the Borough of Red Hill, the impact on the
expense of providing police and fire and other municipal services,
and the impact on the school district.
(2)
Identify any adverse environmental effects which cannot be avoided
should the proposed subdivision or land development be approved.
(3)
Set forth all reasonable alternatives of design of the proposed
land development and/or subdivision.
(4)
Establish the relationship between local short-term uses of
man's environment and the maintenance and enhancement of long-term
productivity as well as the cumulative impact of the proposed subdivision
or land development.
(5)
Set forth any irreversible and irretrievable commitments of
resources which would be involved in the proposed land development
or subdivision should it be approved.
(6)
For purposes of this subsection, the term "environmental effects"
shall mean the effect of the proposed subdivision or land development
on environmental resources, including, but not limited to, the impact
on the land use of the Borough of Red Hill; the impact on transportation
patterns and safety, including, but not limited to, a traffic study
setting forth the number of vehicles and daily automobile trips generated;
impact on public water supply and facilities; impact on public sewer
facilities; a description and analysis of the noise impact; the impact
on public stormwater facilities as well as drainage flow patterns
within the affected area of the proposed development; impact on air
quality; impact on any and all flora and/or fauna and identification
of any form of life which has been declared endangered under any local,
County, State or Federal law, statute, ordinance, rule or regulation.
(7)
In reviewing the application for subdivision or land development,
the Planning Commission and the Borough Council shall utilize a systematic,
interdisciplinary approach in reviewing the proposed development and
shall take into account the environmental impact statement required
as hereinabove set forth in order to insure the integrated use of
the natural or social sciences and the environmental design art in
planning as well as decision making in regards to subdivisions and
land developments. Any decision on a subdivision or land development
proposal must consider the environmental effects of the proposal and
the alternatives of design for any proposal. Based upon the environmental
impact statement, the Borough Council may impose reasonable requirements
in accordance with Article I, Section 27, of the Pennsylvania Constitution
while at the same time permitting the reasonable development of the
land owned by the applicant; such measures may include, but shall
not be limited to, design alternatives, a reduction in permitted density
due to adverse impacts on the environment; measures to protect any
flora or fauna of local, County, State or National significance that
would be jeopardized unreasonably by the proposed subdivision or land
development; as well as any and all other measures or requirements
designed to maximize the preservation of the environment. In preparing
the environmental impact statement, the applicant may utilize, as
part of the required environmental impact statement, calculations
and design and planning elements that are required by other sections
of this Chapter.
(8)
The Borough Council may from time to time, if it deems it necessary
or appropriate, adopt and amend by resolution regulations to implement
the requirements of this Section. Notwithstanding the foregoing, the
requirements of this Section are self-executing.
[Ord. 2013-499, 7/10/2013]
1.
Purposes. The purposes served by a sketch plan are as follows:
A.
To inform the Red Hill Borough of an applicant's intent to subdivide
and/or develop a property and graphically show the concepts and extent
of the proposal.
B.
To allow Red Hill Borough to provide the applicant with its informal
advice and guidance, which shall not be binding on the Borough, so
that:
C.
To show how a tract of land may be further subdivided or developed
in cases where only a portion of a property is currently under an
active proposal.
(1)
This plan shall show a logical and efficient pattern of roads,
lots, and/or buildings, as appropriate for the type of plan proposed,
and shall not be acceptable if it proposes lotting or development
that would adversely impact floodplain, steep slopes, or other important
site features.
(2)
A sketch plan may be shown on the preliminary plan for the subject
site in the form of a reduced-scale inset drawing, although larger-scale
drawings are encouraged for review and discussion purposes.
D.
Sketch plans shall have no legal standing with regard to the formal
plan approval process mandated by the Pennsylvania Municipalities
Planning Code but are recommended and will be considered as a tool
for informal discussion and nonbinding guidance regarding future development
issues.
2.
Sketch Plan Information. It is recommended that a sketch plan be
drawn clearly and legibly on paper type that can be reproduced, and
to a scale of not greater than 1:200, but it need not be a precisely
surveyed or engineered plan, and it is recommended to show the following
information:
A.
The entire tract boundary, total acreage, and acreage of each lot.
B.
Existing and proposed streets, lots, buildings, approximate building
envelopes and other improvements.
C.
Significant physical features such as floodplain, steep slopes, woodlands,
and existing structures.
D.
Contour lines at five- to ten-foot intervals, based on USGS datum.
E.
Approximate locations for stormwater control facilities, if necessary.
F.
Location plan showing the relationship of the subject tract to the
surrounding road network and major physical features.
G.
North point and scale.
H.
Name and address of the owner.
I.
Zoning district information.
J.
Name and address of the engineer, surveyor, architect, or plan preparer.
K.
Any additional information which the applicant believes will help
explain the proposal.
3.
The applicant shall make a request to the Red Hill Borough Secretary
to be scheduled on the meeting agenda of the Red Hill Borough Planning
Commission for presentation and discussion of the sketch plan, provided
that the plan is received at least seven days prior to the next Red
Hill Borough Planning Commission meeting. The applicant's request
to present the sketch plan to the Planning Commission shall be accompanied
by a completed application form, available from the Borough, and at
least seven copies of the sketch plan.
[Amended by Ord. No. 2018-544, 3/14/2018]
4.
Review by Borough Consultants (strongly recommended for major plans).
The applicant may elect to submit the sketch plan for discussion purposes
and informal input only to one or more Borough consultants, including,
without limitation, the Borough Engineer, the Borough Planner, the
Borough Traffic Engineer and/or the Borough Solicitor.
[Added by Ord. No. 2018-544, 3/14/2018]
[Ord. 2013-499, 7/10/2013]
1.
The Red Hill Borough Planning Commission shall review sketch plans
in accordance with the criteria contained in this Chapter and with
other applicable codes, ordinances, plans, and legal requirements.
The applicant shall submit 10 copies of the sketch plan for review.
The Commission members shall discuss the plan with the applicant and
advise the applicant as promptly as possible of the extent to which
the proposed subdivision or land development conforms to the Upper
Perkiomen Valley Regional Comprehensive Plan and relevant standards
of this Chapter and will discuss possible plan modifications that
would increase its degree of conformity. The applicant may also choose
to submit alternative sketch plans. Aspects of the sketch plan that
may be evaluated include but are not limited to:
A.
The location of all areas proposed for disturbance (streets, foundations,
yards, septic disposal systems, stormwater management areas, etc.)
with respect to notable features of natural or cultural significance
as identified on the applicant's plan.
B.
The potential for street connections with existing streets, other
proposed streets, or potential developments on adjoining parcels.
C.
The location of proposed access points along the existing road network.
D.
The general location and extent of open space, preserved land, and
trail system.
E.
The location and extent and configuration of buildings, parking lots,
and common areas in multifamily and commercial developments.
F.
The proposed building density and impervious coverage.
G.
The compatibility of the proposal with respect to the objectives
and policy recommendations of the Upper Perkiomen Valley Regional
Comprehensive Plan, the Red Hill Borough Open Space Plan, the Red
Hill Borough Revitalization Plan, and other pertinent Red Hill Borough
plans and studies, as updated.
2.
Review by Borough Consultants.
[Added by Ord. No. 2018-544, 3/14/2018]
A.
If the applicant elects to submit a sketch plan for review by one
or more Borough consultants, then a sufficient number of copies of
the application and sketch plan also should be supplied to the Borough
for distribution to those consultants from whom the applicant is desirous
of obtaining such review.
B.
All sketch plans submitted for review by one or more Borough consultants
shall be received by the Borough at least 15 days prior to the next
regularly scheduled meeting of the Planning Commission in order to
be considered by the Planning Commission at that meeting.
C.
Prior to sketch plan review by one or more Borough consultants, the
applicant shall sign a professional services agreement and shall submit
payment of required engineering or other review fees for the consultant(s)
selected by the applicant to review the sketch plan.
D.
If requested by the applicant, the consultant(s) selected by the
applicant will perform a general, conceptual review of the sketch
plan with particular emphasis on those aspects of the site and the
surrounding area that pertain to the consultant's area of expertise,
such as site feasibility, environmental conditions, access, traffic
impact, conformance to Borough ordinances, and consistency with Borough
planning documents and transportation studies.
E.
Any suggestions or recommendations made by the Planning Commission
and/or Borough consultants on the design of the sketch plan are intended
as informal dialogue and shall not be binding on the Borough. No official
action shall be taken on a sketch plan.
[Ord. 2013-499, 7/10/2013]
1.
This Section contains the requirements for preliminary plans for
subdivisions and/or land developments in terms of drafting standards,
basic information, existing features, and proposed features.
A.
Fifteen paper copies of the preliminary plan shall be filed with
the Red Hill Borough Secretary in person by the applicant or applicant's
agent, at the Borough Building during normal business hours. In addition
to the paper copies of the plans required for submission, the applicant
shall also provide a compact disk with plan sheets in a pdf or other
acceptable software format.
B.
Notice of all applications for the approval of a subdivision and/or
land development shall be given by conspicuously posting a written
notice of the application on the affected tract prior to submission
of the preliminary plan. This notice shall be posted at least 14 calendar
days prior to the public meeting of the Planning Commission when the
preliminary plan will first be reviewed. The notice shall adhere to
the following:
(1)
The notice must remain in place until final plan approval is
given. The notice shall be removed not later than 10 calendar days
after final action on the final plan is taken.
(2)
The notice shall be printed on a sign with the minimum dimensions
of 24 inches by 36 inches of the type used for real eState sales.
(3)
The sign shall State the following: "This property is subject
to a subdivision and land development application in Red Hill Borough."
(4)
The sign(s) shall be posted in such locations that are clearly
visible from an adjacent roadway or roadways.
(5)
Proof of posting by way of dated photograph must be provided
in the application submitted to Red Hill Borough and notification
to the Zoning Officer by the applicant.
C.
Plans must be accompanied by:
(1)
Red Hill Borough filing fees, in accordance with the fee schedule
adopted by resolution of Council in effect at the time of the application.
(2)
Montgomery County Planning Commission review fee.
(3)
Completed Red Hill Borough application, administrative forms,
and signed consultant professional services agreement, which is available
from the Borough.
D.
Drafting Standards. Plans shall be professionally prepared in compliance
with the following:
(1)
The plan shall be drawn to a standard engineering scale not
exceeding 100 feet to the inch.
(2)
Sheet size shall be 18 inches by 30 inches or 24 inches by 36
inches appropriately related to the scale of the drawing.
(3)
All sheets shall be the same size and be numbered relative to
the total number of sheets (i.e., 1 of 5, etc.).
(4)
Where two or more sheets are needed to show the entire tract,
a reduced-scale key plan shall be provided to show how the sheets
fit together. Match lines shall be shown.
(5)
A reduced scale plan of the entire site at a scale greater than
100 feet to one inch may be required in cases where it would facilitate
the review and approval process. Applicants are encouraged to submit
such plans in cases where they are not required.
(6)
Property lines shall be drawn and labeled in conformance with
the act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer,
Land Surveyor, and Geologist Registration Act," and accepted surveying
and civil engineering practices, including dimensions shown in feet
and decimal fractions thereof, and bearings shown in degrees, minutes,
and seconds.
(a)
Property lines to be eliminated where two or more lots are proposed
to be joined in common deed should be properly noted and depicted
on the boundary to be removed.
E.
Basic Information. All preliminary plans shall show the following
basic information:
(1)
Name of the subdivision or land development.
(2)
Name, address, and phone number of the applicant and of the
owner of record.
(3)
Name, address, e-mail, and phone number of the firm which prepared
the plan and professional seal of the individual certifying its accuracy
and compliance with applicable standards.
(4)
Date of preparation of the plan and a descriptive list of revisions
to the plan, and the revision dates.
(5)
North arrow and scale displayed in graphic and written form.
(6)
Location plan showing the relationship of the subject tract
to the surrounding road network, adjacent properties, and major physical
features.
(7)
The entire tract boundary with bearings and distances and total
tract acreage, including lot numbers.
(8)
A list of the basic dimensional and density requirements of
the applicable zoning district, compared to the applicant's proposal.
(9)
Zoning classification(s) of all lands abutting the proposal.
(10)
Names of all current owners of immediately adjacent lands.
(11)
A statement showing:
(a)
Number of acres under proposal (net and gross acreage should
be indicated in accordance with the Zoning Ordinance).
(b)
Number of lots and/or dwelling units and total building area.
If existing buildings are to be reused, the building area should be
expressed as existing building area and additional building area.
(12)
Description of variances or special exceptions, conditions of
their approval, and the dates they were granted, if any.
(13)
Description of all deed restrictions, including conservation
and environmental, easements, or other covenants affecting the property
or development of the tract. The following information shall be included:
the parties to the agreement, the beneficiary(ies) of the restrictions,
easements and covenants, the title of the document or instrument creating
the restrictions, easements and/or covenants, and a reference to their
deed and page book recording location.
(14)
The requirements of any other local ordinance which may affect
the proposal.
(15)
Legend shall be sufficient to indicate clearly between existing
and proposed conditions.
(16)
Name and address of the owner of record if different from the
applicant.
(17)
Tax parcel number(s) of all parcels being subdivided or developed.
(18)
Deed book and page numbers for all parcels being subdivided
or developed.
(19)
A note shall be shown on the plan which states "preliminary
plan - Not to be Recorded."
(20)
Dimensions shall be displayed in feet and decimal parts thereof
and bearings in degrees, minutes, and seconds.
(21)
Contour lines at vertical intervals of not more than two feet
for land with natural slopes averaging 5% or less and not more than
five feet for land with natural slopes averaging more than 5%.
(22)
Owner's statement of intent block.
(23)
Reserved space for signature blocks for Red Hill Borough Council,
Red Hill Borough Planning Commission, and Montgomery County Planning
Commission.
F.
Existing Features Plan. Within the tract proposed for subdivision
and/or land development and within 400 feet of the tract boundaries,
the following information shall be shown on the preliminary plan:
(2)
Water resources, including:
(a)
Watershed designation.
(b)
Lakes and ponds.
(c)
Wetlands, swamps, marshes, and riparian buffers.
(d)
Watercourses and springs.
(e)
Existing well locations: in use, capped, and abandoned.
(f)
Flood-prone or floodplain areas, including data from FEMA studies,
supporting hydrologic and hydraulic data for one-hundred-year flood
limits, or Montgomery County Soil Survey when applicable, as determined
appropriate by the Red Hill Borough Engineer for the watercourse(s)
affecting the site.
(6)
Other natural features, including:
(a)
Location, size, species, and condition of trees six inches in
diameter (dbh) or greater, when standing alone or in small groups.
(b)
Outer limits of woodlands edge, and a general description of
tree types, sizes, and conditions.
(c)
Specimen trees of significant size, type, or historical/community
significance. Identify all specimen trees greater than 24 inches diameter
at breast height (dbh) on plans.
(8)
Contour information, including:
(a)
Contour lines at a vertical interval of two feet for land with
natural slopes averaging 5% or less, and not more than five feet for
land with natural slopes averaging more than 5%.
(b)
Areas with slopes of 15% or greater should be adequately depicted,
as determined from the contours shown on the plan.
(9)
Other man-made features, including:
(a)
Location, size, character, and configuration of existing buildings
or structures, driveways, parking lots or any type of paved surface,
labeled "To Remain" or "To Be Removed" as applicable.
(b)
Location and description of existing buildings and other structures
less than 100 feet beyond the tract boundaries.
G.
Proposed Features and Lotting Plan. Within the tract proposed for
subdivision and/or land development, the following information shall
be shown on the preliminary plan:
(1)
Subdivision and/or Land Development Layout.
(a)
Proposed streets, alleys, driveways, and parking areas, including:
1)
Names or other identification.
2)
Right-of-way widths and lines.
3)
Cartway widths.
4)
Center-line courses, distances, and curve data.
5)
Curblines.
6)
Radii at intersections.
7)
Street location tie-ins to nearest intersection by courses and
distances.
8)
Capacity of parking areas show individual parking stalls, loading
spaces, handicap parking and reserved aisles, dumpster locations,
and reserved areas for compact cars and/or carpooling.
9)
Sight distance at proposed intersections with existing streets.
10)
Location and type of all traffic control signs,
line striping, signals, and devices proposed to be installed.
11)
Rights-of-way or access easements proposed for
storm drainage facilities/areas.
12)
Plan of streetlighting indicating location and
type of fixtures to be installed.
(b)
Layout and dimensions of all lots, including the net and gross
lot area as defined within the Zoning Ordinance.
(c)
All building setback lines (including existing buildings to
be used).
(d)
All parking setback lines where applicable.
(e)
Buffer yard and screening setbacks where applicable.
(f)
Proposed sidewalk or other walkway locations.
(g)
Proposed buildings, including:
1)
Locations.
2)
Configurations.
3)
Sizes (ground level floor area, total floor area, number or
stories, and height).
4)
Total building coverage (square feet and percentage of site).
5)
Locations, configuration, and types of accessory structures.
6)
Ground floor elevations.
7)
All points of ingress and egress.
(h)
(i)
(j)
Impervious coverage area calculations.
(k)
Proposed landscaping plan, including:
1)
Existing vegetation to be removed.
2)
Existing vegetation to be preserved.
3)
A plan of proposed plantings showing the locations of natural
feature preservation, street trees, parking lot landscaping, stormwater
facilities landscaping, and any required buffer areas and site landscaping.
4)
Proposed planting schedule, including the quantities, location,
species, and installation sizes of plantings, as per American Standard
for Nursery Stock (ANSI) Z60.1-2004, most current edition.
5)
Existing and proposed contours, including related landscape
features such as earth berms and water features.
6)
Other planting areas managed for naturalized settings.
(l)
Proposed outdoor lighting plan.
1)
Proposed fixtures in roadways, parking lots, and other public
areas, including fixtures intended to enhance building security.
2)
A detailed ten-foot grid showing the horizontal maintained footcandle
levels at grade, to the boundary of the site or past the boundary
until the illumination values reach 0.0 footcandles.
3)
The minimum and average and maximum maintained illumination
levels for the areas being illuminated to demonstrate compliance with
lighting requirements in Red Hill Borough.
4)
Description of existing and proposed equipment, including;
5)
The mounted height from the lowest point of the fixture to the
finished grade.
6)
Fixture mounting equipment.
7)
Light shielding angle and device for shielding.
8)
Light standard or pole height and type of material.
(2)
Grading and Drainage Plan. The following information shall be
shown on the preliminary plan:
(a)
Proposed contours for the entire site.
(c)
Stormwater management and erosion control and sedimentation
facilities, including:
1)
Basins and underground detention facilities.
2)
Swales, rain gardens, and infiltration areas.
3)
Diffusion devices.
4)
Velocity controls.
5)
Pipe locations.
6)
Pipe sizes and materials.
7)
Direction of flow.
8)
Gradient of flow.
9)
Inlets, catch basins, outfalls/headwalls, channels, and manholes,
including rim and invert elevations.
10)
Invert elevations.
11)
Design calculations for these facilities shall
be submitted in report form with a note on the plan referencing the
report.
(3)
(4)
Cross Sections, Profiles, and Preliminary Structural Designs.
The following shall be provided:
(a)
Cross section and center-line profile for each proposed or widened
cartway, driveway, or parking area shown on the preliminary plan,
including:
1)
Road center-line grades and vertical curvature, including road
center-line elevations shown at horizontal intervals of 25 feet along
vertical curves and 50 feet for straight grades.
2)
Profiles for sanitary sewers, water mains, storm drains, including
locations of manholes, inlets, and catch basins.
[a]
Location, size, and type of line with stations.
[b]
Slope between manholes and/or inlets.
[c]
Location of laterals or water services, including
fire hydrants, valves, tees and fittings.
[d]
Existing ground surface with elevation of rim/grate
and invert elevations.
[e]
Location, size, depth, and type of material of
all other utilities in the vicinity of the pipe.
[f]
Vertical curve data, including length, elevations,
and stations at the beginning and ending of the vertical curve, including
high points and low points, elevations at fifty-foot intervals and
minimum site difference.
(b)
Preliminary design of any bridges, culverts, or other structures
and appurtenances which may be required.
(c)
Cross section (streets).
1)
Right-of-way and cartway width.
2)
Type, thickness, and crown of paving.
3)
Type and size of curb.
4)
Grading of sidewalk area.
5)
Location, width, type and thickness of sidewalks.
6)
Grading of stormwater swale adjacent to cartway.
7)
Typical location of sewers and utilities, street trees, streetlights
and other improvements along roads.
(d)
The Stormwater BMP Operations and Maintenance Plan as required by the Borough Stormwater Management Ordinance (Chapter 19). A statement shall be included by the owner acknowledging that stormwater BMPs cannot be altered or removed without the approval of the Borough.
[Amended by Ord. 2014-505, 2/12/2014]
(5)
Supporting Information.
(a)
A new development schedule including the approximate date when
the construction is expected to begin and be completed.
(b)
A copy of all restrictions, easements, or covenants, if any,
under which lots are to be sold.
(c)
Traffic impact or water resources impact statement, if applicable.
(d)
A plan for the ownership, maintenance, and management of open
space areas and stormwater BMPs.
(e)
Reports or letters regarding availability of sewer and water
facilities.
(f)
Copies of letters and permit applications to all reviewing agencies.
(g)
Stormwater calculations and reports.
(h)
Wetlands delineation study, if applicable.
[Ord. 2013-499, 7/10/2013]
1.
The procedures and requirements contained in this Section shall govern
the review of preliminary plans for subdivision and land development.
A.
The Red Hill Borough Manager or Secretary shall review the application
filed, including administrative forms, preliminary plans, and other
required studies and reports, and determine if the application form
is completed correctly, the correct number of plans have been submitted,
the Borough consultant professional services agreement has been signed,
all required fees have been paid, and the application is otherwise
complete and, if so, will then stamp the plans with the plan filing
date.
B.
The preliminary plan shall be placed on the agenda of the next regularly scheduled meeting of the Red Hill Borough Planning Commission following the plan filing date, provided that the preliminary plan and completed application package and all supporting information are filed with the Borough at least 21 days prior to the meeting date. Upon placing the preliminary plan on the agenda for the next regularly scheduled Planning Commission meeting, the Red Hill Borough Manager or Secretary shall request that the applicant agree in writing to an extension of the plan review period as described in this § 22-305 on a form provided by the Borough.
[Amended by Ord. No. 2018-544, 3/14/2018; and by Ord. No. 2020-566, 8/12/2020]
C.
Distribution of copies.
(1)
The Red Hill Borough Manager or Secretary shall distribute copies
of the plan and all supporting information to the following for review
and recommendations:
(a)
Red Hill Borough (2).
(b)
Red Hill Borough Planning Commission (4).
(c)
Montgomery County Planning Commission, along with appropriate
fee (1).
(d)
Borough Engineer (2).
(e)
Borough Zoning Officer (1).
(f)
Borough Solicitor (1).
(g)
The Upper Montgomery Joint Authority (1).
(h)
The Red Hill Water Authority (1).
(i)
Red Hill Fire Marshal (1).
(j)
Upper Perkiomen Valley Regional Planning Commission, if requested
by Red Hill Borough (1).
(2)
The applicant shall furnish additional copies of the preliminary
plans and supporting information at the Borough's request.
D.
All preliminary plans and revisions to the plans shall be submitted
to Red Hill Borough for review by the Red Hill Borough Engineer, the
Borough Solicitor, and such other technical advisors as may be requested
by the Red Hill Borough Planning Commission (collectively, the "Borough
consultants"), and by the Montgomery County Planning Commission and
other appropriate reviewing agencies, who shall provide their written
comments to the Red Hill Borough Planning Commission for its consideration.
Upon completion of its review of the preliminary plan submission and
recommendations of the Borough consultants and reviewing agencies,
the Borough Planning Commission shall provide its written recommendations
to Red Hill Borough Council.
E.
Red Hill Borough shall have a period of 90 days to review and take
action on the preliminary plan, unless the applicant has agreed in
writing to an extension of the review period.
(1)
The ninety-day time period shall commence on the date of the
regularly scheduled Red Hill Borough Planning Commission meeting next
following the plan filing date, provided that if the next regular
meeting of the Red Hill Borough Planning Commission shall occur more
than 30 days after the plan filing date, the ninety-day period shall
be measured from the 30th day following the plan filing date.
(2)
An extension of the review period for an unlimited period of
time, revocable upon 60 days prior written notice to the Borough,
may be granted in writing by the applicant. An unlimited extension
of time shall not preclude the Borough Council from taking action
to accept or reject the preliminary plan at any time it elects to
do so. In the event that an applicant takes no action on a proposed
preliminary plan for 12 months or more, the Borough may issue a notification
letter to the applicant that the Borough Council will consider the
preliminary plan application at its next regularly scheduled meeting.
F.
The Red Hill Borough Planning Commission shall send its written recommendations
and the reasons therefor to the Borough Council in a resolution in
draft form prepared by the Borough Solicitor and recommended for adoption
by Borough Council, citing specific sections of this Chapter relied
upon, along with the written comments of the Borough Engineer, Borough
Solicitor, other Borough consultants and other reviewing agencies
that have submitted comments, with a copy mailed or delivered personally
to the applicant.
G.
The Red Hill Borough Council shall consider the preliminary plan
application at one or more of its public meetings following receipt
and consideration of the recommendations of the Red Hill Borough Planning
Commission, Red Hill Borough Engineer, Borough Solicitor, other Borough
consultants, the Montgomery County Planning Commission, and/or other
reviewing agencies and technical advisors, as requested, and shall
render a decision on the preliminary plan submission within 90 days
following the date of the regular meeting of the Red Hill Borough
Planning Commission next following the plan filing date or any extension
thereof, if applicable.
(1)
Provided, in accordance with the Pennsylvania Municipalities
Planning Code, that the Red Hill Borough Council shall not approve
an application for preliminary plan approval until the Montgomery
County Planning Commission report of its recommendations is received
or until the expiration of 30 days from the date the application was
forwarded to the County.
(2)
The applicant or appropriate representatives shall be present
at all public meetings at which the preliminary plan is to be discussed
and shall be prepared to provide a presentation of the proposed subdivision
and/or land development utilizing paper display maps or digital projected
images.
(3)
In accordance with the policies of the Montgomery County Planning
Commission, the date the application was forwarded to the County shall
be considered to be:
H.
Each preliminary plan revision submitted to the Borough shall be
accompanied by a letter from the applicant, or applicant's agent,
which shall reState and provide itemized responses to all review comments
prepared by the applicable reviewing agencies and Borough consultants
on the previous submission, describe the specific revisions made to
the preliminary plan and/or accompanying documents to address the
review comments, and identify the sheet or page number in which each
revision may be found. Such letter also shall describe, in detail,
any and all revisions made to the preliminary plan and/or accompanying
documents since the previous submission not requested by such review
comments. If one or more revisions are made to the preliminary plan,
and not disclosed or identified in writing by the applicant or applicant's
agent, said undisclosed or unidentified revisions shall not be part
of, and shall be excluded from, any resulting preliminary plan approval.
In addition, any preliminary plan approval by the Borough Council
where the plan contains undisclosed or unidentified revisions that
are noncompliant with the requirements of this Chapter or any other
applicable laws, statutes, ordinances, rules or regulations shall
in no way relieve the applicant of its obligation to fully comply
therewith. Further, the applicant shall be required to pay all costs
and expenses, including but not limited to engineering and legal fees,
incurred by the Borough associated with identifying and appropriately
addressing undisclosed revisions to the preliminary plan submission.
I.
Procedure Following the Red Hill Borough Council Decision. When the
Red Hill Borough Council makes a decision on a preliminary plan, one
of the following procedures shall be followed, depending on the type
of decision:
(1)
Denial. If Red Hill Borough Council denies a preliminary plan,
then the written notification to the applicant shall specify the defects
found in the application and describe the requirements which have
not been met, and shall cite the provisions of the statute or ordinance
relied upon.
(2)
Approval. If Red Hill Borough Council approves a preliminary
plan, as filed by the applicant, then the Secretary will so certify
thereon, and a copy of the approved plan will be forwarded to the
applicant. The applicant shall then submit two paper copies of the
approved plan for Red Hill Borough seal and signature.
(3)
Approval Subject to Conditions.
(a)
If Red Hill Borough Council approves a preliminary plan, conditioned
upon the performance of any act or the obtaining of any other approval
or permit by the applicant, the applicant shall be given the opportunity
to accept or reject the conditions within a ten-day period. The approval
of the plan shall be rescinded automatically without action of Red
Hill Borough Council, at the end of 10 days from the date at which
conditional approval was granted or notice received by the applicant
regarding the conditional approval, upon either the applicant's failure
to execute the written acceptance or upon rejection of such conditions
by the applicant. An automatic rescission shall automatically revoke
any and all approvals granted based on such conditions. Written notice
shall be provided to the applicant, which includes the following information:
1)
Specify the conditions of approval and request the applicant's
written agreement to the conditions.
2)
State that the application will be denied if the applicant does
not agree to the conditions within the ten-day period, and specify
the defects found in the application, describe the requirements which
have not been met, and cite the provisions of the statute or ordinance
relied upon for denial of the plan.
3)
State that the plan approval shall be rescinded automatically
upon the applicant's failure to accept or reject the conditions within
10 days following the decision by Red Hill Borough Council to grant
conditional approval.
(b)
Following the timely submission of the applicant's written agreement
to the conditions specified by Red Hill Borough Council, the applicant
shall submit two paper copies of the preliminary plan and additional
supporting documentation, if any, which show compliance with the conditions,
by plan revision or notation, for Red Hill Borough seal and signatures.
(4)
Written notification of the Red Hill Borough Council's decision
shall be communicated to the applicant by hand delivery or by mail
to the applicant's last known address not later than 15 days following
the decision or before the end of the extension period, if any, whichever
shall occur first.
J.
Effective Period of Approval. Approval shall be effective for a period
of five years from the date of plan approval in accordance with the
Pennsylvania Municipalities Planning Code.
(1)
No subsequent change or amendment in the zoning, subdivision,
or other governing ordinance or plan shall be applied to affect adversely
the right of the applicant to commence and to complete any aspect
of the approved development in accordance with the terms of such approval
within that five-year period.
(2)
Where final plan approval is preceded by preliminary plan approval,
the five-year period shall commence from the date of the preliminary
plan approval. In the case where preliminary and final plan approval
are concurrent, the five-year period shall be measured from the date
of that concurrent approval.
(3)
In the case of a preliminary plan calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the applicant with the preliminary plan delineating all proposed
sections of the development as well as deadlines within which applications
for final plan approval of each section are intended to be filed.
(a)
Such schedule shall be updated annually by the applicant on
or before the anniversary of the preliminary plan approval, until
final plan approval of the final section has been granted.
(b)
Any modification in the aforesaid schedule shall be subject
to approval of the Red Hill Borough Council at its discretion.
(c)
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as shown on the preliminary plan, unless
a lesser percentage is approved by Red Hill Borough Council in its
discretion.
(d)
Provided that the applicant or landowner has not defaulted with
regard to or violated any of the conditions of the preliminary plan
approval, including compliance with the aforesaid schedule, then for
any section or sections, beyond the initial section, in which the
required improvements have not been substantially completed within
the initial five-year period, no subsequent change or amendment in
the zoning, subdivision, or other governing ordinance or plan shall
be applied to affect adversely the right of the applicant to commence
and to complete each subsequent section for an additional term or
terms of three years from the date of final plan approval for each
section.
(e)
Failure of the applicant or landowner to adhere to the schedule
of submission of final plans for the sections shall subject any such
section to any and all changes in zoning, subdivision and other governing
ordinances enacted by Red Hill Borough subsequent to the date of initial
preliminary plan submission.
[Ord. 2013-499, 7/10/2013]
1.
All final plans for subdivisions and/or land developments shall consist
of two basic parts, the improvements construction plan and the record
plan, and shall comply with the requirements of this Section. The
final plans shall conform in all details and to the terms of approval
of the preliminary plans and to the most recent administrative regulations
adopted by the Red Hill Borough Council for such purposes.
A.
Twenty paper copies of the final plan shall be filed with the Red
Hill Borough Secretary in person by the applicant or the applicant's
agent, at the Borough Building during normal business hours. In addition
to the paper copies of the plans required for submission, the applicant
shall also provide a compact disk with plan sheets in a pdf or other
acceptable software format.
B.
Improvements Construction Plan.
(1)
Drafting Standards. The same standards shall be required for
an improvements construction plan as for a preliminary plan, except
that the horizontal scale of the plan and profile shall not exceed
50 feet to the inch and the vertical scale of the plan shall be two
feet, four feet, or five feet to the inch, whichever is most appropriate.
(2)
Information to Be Shown. The plan shall contain sufficient information
needed for the construction of the proposed streets, or any portion
thereof, including all appurtenances, sewers and utilities, as shown
on the approved preliminary plan. This information shall include:
(a)
Horizontal Plan. The horizontal plan shall show details of the
horizontal layout as follows:
1)
Information shown on the approved preliminary plan.
2)
The beginning and end of proposed immediate and future construction.
3)
Stations corresponding to those shown on the profiles.
4)
The curb elevation at tangent points of horizontal curves, at
road or alley intersections, and at the projected intersections of
the curblines.
5)
The location and size of sanitary sewers and lateral connections
and water mains with distances between manholes, gas, electric and
other utility pipes or conduits and of storm drains, inlets and manholes.
6)
The location, type, and size of curbs and all paving widths.
7)
The location of fire hydrants and streetlights.
(b)
Profiles. The profiles shall show details as follows:
1)
Profiles and elevations of the ground along the center lines
of proposed streets.
2)
Profiles of sanitary sewers with a profile over the sewer of
the existing and finished ground surface showing manhole locations
beginning at the lowest manhole.
3)
Profiles of storm drains showing catch basins, inlet, and manhole
locations, swales, ditches, or related features.
4)
Profiles of water mains.
(c)
Cross Sections. The cross section for each classification of
street shall comply with Red Hill Borough's standards and specifications
as minimum requirements. It shall show a typical cross section across
the road with details of grading and construction as follows:
1)
The ultimate right-of-way width and the location and width of
the cartway.
2)
The type, depth, and crown of paving.
3)
The type and size of curb.
4)
When sidewalks are required, grading of the sidewalk area shall
be carried to the full width of the ultimate right-of-way.
5)
The location, width, type and depth of sidewalks, when required.
6)
The typical locations, size, and depths of sewers and utilities.
7)
Proposed grading to the ultimate right-of-way line.
(d)
Construction Detail Drawings. Drawings in sufficient detail
shall be provided for all site improvements.
(e)
Additional Information. The following additional information
shall be submitted with the final plan:
1)
All required local, state, and Federal permits shall be submitted.
These permits may include Montgomery County, PADOT, or Red Hill Borough
road access permits; PADEP permits for drainage, stream alteration,
wetlands encroachment, water quality discharge, dams, erosion, and
sedimentation control, air pollution, or sanitary sewage facilities.
2)
The following statements shall
be required on the final plan:
a)
"The Approved Improvement Construction Plan, a copy
of which may be inspected at the Red Hill Borough Office, has been
made a part of the Approved final plan."
b)
"For access to a highway under the jurisdiction
of PADOT, a highway occupancy permit is required, pursuant to Section
420 of the Act of June 1, 1945 (P.L. 1242, No. 428) known as the 'State
Highway Law.' Access to the State highway shall be only as authorized
by the highway occupancy permit."
3)
All engineering calculations which support the proposed improvements
such as drainage calculations, sanitary facility design calculations,
or structural calculations.
4)
Certification of inspection by the Sewage Enforcement Officer
and satisfactory functioning of any on-lot sewage disposal system
which will remain in use, in accord with current industry, DEP, or
County Health Department standards.
5)
Developments utilizing public water or sewer facilities shall
provide evidence satisfactory to Red Hill Borough Council that capacity
is available and those services will be provided to the subdivision
and/or land development.
6)
Sewage facilities plan approval from PADEP.
7)
Approval of the erosion and sediment control plan from the Conservation
District.
C.
Record Plan.
(1)
Drafting Standards. The same standards shall be required for
a record plan as for a preliminary plan, and in addition, for recording
purposes, the plans shall be placed on sheet sizes of 18 inches by
30 inches or 24 inches by 36 inches. All lettering and lines shall
be drawn to be legible if the plan is reduced to half size. A two-inch
border on the left side of the plan shall be free of information.
(2)
Information to Be Shown. The plan, which shall include all portions
of the approved preliminary plan, shall also show:
(a)
Basic information, as required for a preliminary plan, § 22-304.1E.
(b)
Courses and distances sufficient for the legal description of
all the lines shown on the plan. The error of closure shall not be
greater than one part in 5,000.
(c)
Names or identification of the following:
1)
Abutting owners.
2)
All dimensional and technical descriptions of roads.
3)
Easements.
4)
Rights-of-way.
5)
Open space, recreation, and/or other common use areas.
6)
Other public improvements.
7)
For land development plans, all additional information pertinent
to the location and construction of site improvements, including buildings,
walks, parking, driveways, and other related facilities.
8)
Parcel identification number.
9)
Montgomery County Planning Commission file number.
(d)
All lots deeded to the ultimate right-of-way so that a single
deed may be drawn to the appropriate body having jurisdiction for
the dedication of streets by the applicant.
(e)
Evidence that the plans are in conformance with the Zoning Ordinance
and other applicable Red Hill Borough ordinances and regulations.
In any instance where such plans do not conform, evidence satisfactory
to the Borough on advice of the Borough Solicitor shall be presented
that an exception, waiver, or variance has been officially authorized.
(f)
The location, material, and size of all existing and proposed
monuments or pins with a statement of total area being subdivided.
The engineer or surveyor shall certify that the survey is accurate.
(g)
Building setback lines with distances from the ultimate right-of-way
line, and property lines.
(h)
Appropriate notes and conditions governing the use or development
of the proposed property.
D.
Certifications. When approved, the record plan must show:
(1)
The signature and seal of the registered engineer and surveyor
certifying that the plan represents his/her work; that the monuments
shown thereon exist as located; that the dimensional and geodetic
details are correct; and that the survey has been prepared in accordance
with the Pennsylvania Engineer, Land Surveyor, and Geologist Registration
Law, P.L. 913, No. 367.
(2)
The signature of the applicant and/or the record owner, if different,
certifying ownership of the property and intent to record the plan.
(3)
The signature of the Red Hill Borough Secretary, certifying
that Red Hill Borough Council approved the final plan on the date
shown.
(4)
A blank space or appropriate certification language shall be
provided for the stamp and seal of the Montgomery County Planning
Commission, located along the right-hand edge of the plan, measuring
3 1/2 inches wide and 2 1/2 inches tall.
[Ord. 2013-499, 7/10/2013]
1.
All final plans shall be filed and reviewed in accordance with the
procedures and requirements contained in this Section.
A.
The completed application for approval of the final plan, together
with a signed consultant professional services agreement, available
from Red Hill Borough, shall be submitted to Red Hill Borough along
with all supporting information. The Red Hill Borough Manager or Secretary
shall review the application filed, including administrative forms,
final plans, and other required studies and reports and determine
if the application form is completed correctly, the correct number
of plans have been submitted, the Borough consultant professional
services agreement has been signed, all required fees have been paid,
and the application is otherwise complete and, if so, will then stamp
the plans with the plan filing date.
B.
The final plan shall be placed on the agenda of the next regularly scheduled meeting of the Red Hill Borough Planning Commission following the plan filing date, provided that the final plans and completed application package with supporting information are received by the Borough at least 21 days prior to the meeting date. Upon placing the final plan on the agenda for the next regularly scheduled Planning Commission meeting, the Red Hill Borough Manager or Secretary shall request that the applicant agree in writing to an extension of the plan review period as described in § 22-305 on a form provided by the Borough.
[Amended by Ord. No. 2018-544, 3/14/2018; and by Ord. No. 2020-566, 8/12/2020]
C.
Distribution of copies.
(1)
The Red Hill Borough Manager or Secretary shall distribute copies
of the final plan and all supporting information to the following
for review and recommendations:
(a)
Red Hill Borough Council (8).
(b)
Red Hill Borough (1).
(c)
Red Hill Borough Planning Commission (2).
(d)
Montgomery County Planning Commission, along with the appropriate
fee (1).
(e)
Red Hill Borough Engineer (2).
(f)
Red Hill Borough Zoning Officer (1).
(g)
Red Hill Borough Solicitor (1).
(h)
The Upper Montgomery Joint Authority (2).
(i)
The Red Hill Water Authority (2).
(j)
Red Hill Fire Marshal (1).
(2)
The applicant shall furnish additional copies of the preliminary
plans and supporting information at the Borough's request.
D.
All final plans and revisions to the plans shall be reviewed by the
Borough consultants and the appropriate reviewing agencies, who shall
provide their written comments to the Red Hill Borough Planning Commission
for its consideration. Upon completion of its review of the final
plan submission and the recommendations of the Borough consultants
and reviewing agencies, the Red Hill Borough Planning Commission shall
provide its written recommendations to Red Hill Borough Council in
the form of a resolution in draft form prepared by the Borough Solicitor
and recommended for adoption by Borough Council, citing specific sections
of this Chapter relied upon, along with the written comments of the
Borough consultants and other reviewing agencies that have submitted
comments, with a copy mailed or delivered personally to the applicant.
E.
Red Hill Borough Council shall consider the final plan application following receipt and consideration of the recommendations of the Red Hill Borough Planning Commission and shall render a decision on the final plan submission within 90 days following the date of the regular meeting of the Red Hill Borough Planning Commission next following the plan filing date, unless the applicant has agreed in writing to an extension of the review period in accordance with the provisions of § 22-305.
F.
Each final plan revision submitted to the Borough shall be accompanied
by a letter from the applicant, or applicant's agent, which shall
reState and provide itemized responses to all review comments prepared
by the applicable reviewing agencies and Borough consultants on the
previous submission, describe the specific revisions made to the final
plan and/or accompanying documents to address the review comments,
and identify the sheet or page number in which each revision may be
found. Such letter also shall describe, in detail, any and all revisions
made to the final plan and/or accompanying documents since the previous
submission not requested by such review comments. If one or more revisions
are made to the final plan and not disclosed or identified in writing
by the applicant or applicant's agent, said undisclosed or unidentified
revisions shall not be part of, and shall be excluded from, any resulting
final plan approval. In addition, any final plan approval by the Borough
Council where the plan contains undisclosed or unidentified revisions
that are noncompliant with the requirements of this Chapter or any
other applicable laws, statutes, ordinances, rules or regulations
shall in no way relieve the applicant of its obligation to fully comply
therewith. Further, the applicant shall be required to pay all costs
and expenses, including but not limited to engineering and legal fees,
incurred by the Borough associated with identifying and appropriately
addressing undisclosed revisions to the final plan submission.
G.
A final plan for an application that has been previously granted
preliminary plan approval shall be approved by Red Hill Borough Council
when evidence satisfactory to Red Hill Borough Council, on advice
of the Borough consultants, has been provided by the applicant that
all of the following conditions have been fulfilled:
(1)
The final plan conforms in all respects to the approved preliminary
plan and all conditions of preliminary plan approval.
(2)
All engineering and other technical details have been resolved
to the satisfaction of the Red Hill Borough Engineer, as evidenced
by a letter from the Red Hill Borough Engineer, and to the satisfaction
of other technical advisors.
(3)
A recommendation is received from the Planning Commission.
(4)
All land development, financial security and other legal instruments
and agreements required to be executed and delivered by the applicant
and/or the developer, as required by Red Hill Borough Council, upon
advice of the Borough Solicitor, including deeds of dedication, each
in form and substance satisfactory to Red Hill Borough Council and
the Borough Solicitor, have been satisfactorily executed and delivered
in recordable form by the applicant.
(a)
When requested by the developer, in order to facilitate financing,
Red Hill Borough Council shall furnish the applicant with a signed
copy of a resolution indicating approval of the final plan contingent
upon the applicant obtaining a satisfactory financial security.
(b)
The final plan shall not be signed, released to the applicant,
nor recorded until the financial improvements agreement is executed.
(c)
The resolution of approval contingent upon a financial security
agreement shall expire and be deemed to be revoked if the financial
security agreement is not satisfactorily executed within 90 days of
the adoption of the approval resolution, unless a written extension
is granted by the Red Hill Borough Council.
(5)
The final plan complies in all respects with applicable Red
Hill Borough ordinances and all conditions of final plan approval,
or appropriate variances or waivers have been granted for features
that do not comply.
(6)
All necessary permits and other plan approvals have been obtained
from the applicable regulatory agencies, authorities and/or departments.
(7)
All required escrows, fees, and costs have been paid by the
applicant.
H.
Approval Subject to Conditions. If Red Hill Borough Council approves
a final plan, conditioned upon the performance of any act or the obtaining
of any other approval or permit by the applicant, the applicant shall
be given the opportunity to accept or reject the conditions within
a ten-day period. The approval of the plan shall be rescinded automatically
without action of Red Hill Borough Council, at the end of 10 days
from the date at which conditional approval was granted or notice
received by the applicant regarding the conditional approval, upon
either the applicant's failure to execute the written acceptance or
upon rejection of such conditions by the applicant. An automatic rescission
shall automatically revoke any and all approvals granted based on
such conditions. The written notice provided to the applicant shall
satisfy the requirements set forth in § 22-305.1H.
I.
After the final plan is approved, the applicant shall present three
paper copies of the plan to the Red Hill Borough Secretary for signature
by Red Hill Borough Council, including the affixing of the official
Red Hill Borough seal. Digital shape files of the appropriate proposed
public improvements and record plan, in a form satisfactory to Red
Hill Borough, shall also be provided at that time.
[Ord. 2013-499, 7/10/2013]
1.
Within 90 days following final plan approval or 90 days following
the date of delivery of the signed plans to the applicant by Red Hill
Borough or following completion of conditions imposed for such approval,
whichever is later, the applicant shall record the final plan in the
Office of the Recorder of Deeds of Montgomery County.
A.
In accordance with the Pennsylvania Municipalities Planning Code,
whenever final plan approval is required by Red Hill Borough, the
Montgomery County Recorder of Deeds shall not accept any plan for
recording unless it contains the official approval of Red Hill Borough
Council and certification of review by the Montgomery County Planning
Commission.
B.
Prior to recording, the applicant shall present the approved plan
to the Montgomery County Planning Commission for its stamp and seal,
with one paper copy given to the Montgomery County Planning Commission
for its files.
[Ord. 2013-499, 7/10/2013]
1.
Minor plans may be filed and processed only for lot line adjustments,
simple conveyances, minor subdivisions, and/or minor land developments
as defined herein, in accordance with the standards and requirements
in this Section. Notwithstanding the foregoing, Red Hill Borough Council
reserves the right to require the submission of a standard preliminary
plan in place of a minor plan upon recommendation of the Red Hill
Borough Planning Commission, the Borough Engineer, or the Borough
Solicitor.
A.
Standards and Requirements for Qualification as a minor plan Submission.
(1)
Lot Line Adjustment.
(a)
A proposal involving two abutting, existing, legally approved
and recorded lots.
(b)
A common lot line is proposed to be adjusted in terms of its
location or configuration or eliminated.
(c)
The land area of each lot may be different after adjustment,
but the total lot area of the two lots will be unchanged.
(d)
No alteration will occur to any perimeter boundary line of the
two lots.
(e)
Neither lot shall violate the applicable dimensional and setback
requirements of the Zoning Ordinance as a result of the lot line adjustment.
(2)
Simple Conveyance.
(a)
A proposal involving 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 and setback 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,
but must be consolidated with the lot to which it is being functionally
added by the recording of a deed of consolidation in form and substance
satisfactory to the Borough Solicitor.
(f)
The land use of the two lots shall not change after conveyance.
(3)
Minor Subdivision.
(a)
A subdivision proposal which would divide one existing lot into
not greater than three lots, each of which will comply with the applicable
dimensional and setback requirements of the zoning district in which
the existing lot is located.
(b)
The existing lot has sufficient frontage on an existing, improved
public street to satisfy the applicable Red Hill Borough requirements
for lot frontage and access to a public street for all proposed lots.
(c)
The existing lot has not been the subject, in whole or in part,
of a prior subdivision proposal during the 10 years previous to the
current application.
(d)
The subdivision will not require new road construction, road
improvements, or the extension of existing public utility lines, or
any other improvements intended to be dedicated to Red Hill Borough
other than additional right-of-way area.
(e)
The proposal will not involve any site improvements other than
installation of property pins/monuments.
(f)
Disqualification. Red Hill Borough Council may elect to require
a standard preliminary plan submission in place of a minor plan when
warranted by existing conditions or contemplated development of the
site, upon the advice of the Red Hill Borough Planning Commission
or the Borough Engineer.
(4)
Minor Land Developments.
(a)
A land development proposal involving a single lot or parcel
of land where it is found that the intended development or modification
of the site, or the use and occupancy of the existing structure, will
create a minimal impact upon traffic, drainage, visual image, landscaping,
buffering, lighting or other elements described within the purposes
of this chapter.
(b)
Parking lot expansions, when additional impervious coverage
is less than 10,000 gross square feet.
(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 four dwelling units.
B.
Submission Requirements and Review Procedure.
(2)
When a subdivision and/or land development plan qualifies for
consideration as a minor plan submission in accordance with § 22-309A,
herein, the minor plan may be granted concurrent preliminary and final
plan approvals, provided that the preliminary/final plan includes
all of the requirements for preliminary plans and for final plans,
including, without limitation, the final plan certifications required
by § 22-306D herein and the requirements of § 22-307C
herein, except as otherwise provided in § 22-309B(3) below.
(3)
A minor plan is not required to include an improvements construction
plan as required by §§ 22-306B and 22-306C, respectively,
herein.
(4)
A minor plan that will require access to a State highway shall
include the "highway access" statement on the plan, as required by
§ 22-306B.
