[Ord. 3/29/1990B, § 700; as amended by Ord. 03-1,
9/8/2003, § 3]
The purpose of the minor subdivision is to provide an expeditious means of subdivision approval for the division of a single lot, tract or parcel of land, including 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 or fewer lots as existed prior to the lot line change, and provided that all provisions of this chapter and Chapter 27, Zoning, have been met. Conditions for minor subdivisions are specified in the definition of "subdivision" in § 22-202.
[Ord. 3/29/1990B, § 701; as amended by Ord. 03-1,
9/8/2003, § 4; and by Ord. 17-03, 3/27/2017]
1.
The applicant or his agent shall prepare the final plan and application.
2.
The applicant shall submit 15 copies of the final plan, any required
information and application forms to the Township at least 30 days
prior to a regularly scheduled meeting of the Planning Commission.
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.
[Amended by Ord. 17-05, 6/26/2017]
3.
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 have been submitted.
4.
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:
6.
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 disapproval of
the final plan for use by the Board of Supervisors.
F.
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 § 22-301, Subsection 2, 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.
7.
Approval of the final plan shall not constitute an authorization for the transfer of property. Refer to § 22-705.
8.
Whenever the approval of the final plan is subject to conditions,
the written action of the Board of Supervisors shall:
9.
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.
10.
If disapproved, the Board of Supervisors shall state the reasons
for this action, citing specific sections in applicable ordinances
which the plan failed to meet.
11.
If the final plan is disapproved, 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.
[Ord. 3/29/1990B, § 702; as amended by Ord. 93-3,
2/8/1993, § 27; by Ord. 03-1, 9/28/2003, § 5;
by Ord. 12-03, 6/19/2012, § 1; by Ord. 12-05, 10/8/2012,
§ 1; and by Ord. 17-03, 3/27/2017]
1.
Minor plans may be submitted and processed only for lot line adjustments,
simple conveyances, minor subdivisions and minor land developments
as characterized in this part, in accordance with the standards and
requirements in this section.
A.
Standards for Qualification as a Minor Plan Submission.
(1)
Lot Line Adjustment.
(a)
A proposal between two abutting, existing, legally approved
and recorded lots.
(b)
A common lot line is proposed to be adjusted in terms of its
location or configuration.
(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 Chapter 27, Zoning, as a result of the lot line adjustment.
(f)
Possible reasons for lot line adjustments include, but are not
necessarily limited to:
(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 or the act of adding, joining or uniting
one lot to another lot in order to create out of the said two lots
a larger tract or parcel of land intended for separate use, building
development or transfer of ownership.
(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 Chapter 27, Zoning, 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 Chapter 27, Zoning; 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 Chapter 27, Zoning, district in which the existing lot is located.
(b)
The existing lot has sufficient frontage on an existing, improved
public street to satisfy the applicable Township requirements for
lot frontage and access to a public street for 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, at the advice of the Township Planning Commission or Engineer.
(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 25% 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, at the advice of the Township Planning Commission or Engineer.
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 a 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 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)
Name, address and phone number of the applicant.
(b)
Name, address and phone number of any other property owner involved
in the proposal.
(c)
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; location
map shall be at a scale of not less than one inch equals 800 feet.
(g)
The 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 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.
(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 the lot line adjustment.
(b)
For simple conveyances:
1)
The land area to be conveyed, drawn in a manner which makes
it readily identifiable.
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, right-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 Chapter 27, Zoning.
d)
Contours on newly created lot shall be established by field survey
or aerial photography at vertical intervals of two feet for land with
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 § 27-2101, Natural Resource Protection Standards, and § 27-2102, Application of Natural Resources Standards, of Chapter 27, Zoning, 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:
i)
Areas subject to deed restrictions or easements.
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, applicant shall submit
sewer planning module to Township and Authority at the time of initial
plan submission.
(d)
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:
[Ord. 3/29/1990B, § 703]
1.
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.
2.
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.
[Ord. 3/29/1990B, § 704; as amended by Ord. 93-3,
2/8/1993, § 28; and by Ord. 97-7, 10/13/1997, § 705]
1.
Requirement to Record.
A.
Following the action of the Board of Supervisors or 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 applicant in the Office of the Recorder of Deeds
of Montgomery County. The applicant shall notify the Board of Supervisors
in writing of the date of such recording and the plan book and page
wherein such subdivision or land development is recorded. If the plan
is not recorded within the ninety-day period, the approval shall lapse
and become void.
B.
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 applicant in the Office of the Recorder of Deeds of Montgomery
County. The applicant shall notify the Board of Supervisors in writing
of the date of such recording and the deed book and page wherein such
deed is recorded.
2.
Record Plan.
A.
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. Ten
paper prints are required as the record plan submission. 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.
[Amended by Ord. 17-05, 6/26/2017]
B.
The following information shall appear on the record plan, in addition
to the information required for the final plan submission:
(1)
The impressed seal of the licensed engineer, architect, landscape
architect, or surveyor who prepared the plan.
(2)
The impressed corporation seal, if the subdivider is a corporation.
(3)
The impressed seal of a notary public or other qualified officer
acknowledging each owner's statement of intent.
(4)
A statement to the effect that each of the applicants are the
owners 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.
(5)
An acknowledgment of said statement before an officer authorized
to take acknowledgments.
(6)
The following signatures shall be placed directly on the plan
in ink:
(a)
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.
(b)
The signature of the notary public or other qualified officer,
acknowledging the owner's statement of intent.
(c)
The signatures of the licensed engineer, architect, surveyor
or landscape architect who prepared the plan.
(d)
The signature of the Township Engineer.
(e)
The signature of the Township Solicitor.
(f)
The signatures of the Township Board of Supervisors, the Township
Planning Commission and the Township Secretary with the impressed
Township seal.
(g)
The stamp and seal of the Montgomery County Planning Commission.
3.
The following statement shall be required on the final plans where
applicable:
A.
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 New Hanover, 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 New Hanover 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)."
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"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."
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B.
If applicable, "Open space land may not be separately sold, nor shall
such land be further developed or subdivided."
C.
If applicable, "All development activities, such as clearing, grading, regrading, driveways, roads, buildings, septic systems, retention/detention basins and utility easements shall be limited to the natural resource protection standards as specified in Chapter 27, Zoning, 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."
