Township of Upper Hanover, PA
Montgomery County
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Table of Contents
Table of Contents

§ 425-300 Applicability.

This article regulates the submission and processing of all applications for subdivisions and/or land developments in the Township, as defined in Article II, Definitions, of this chapter.

§ 425-301 Types of plans.

Applications for subdivisions and/or land developments shall be classified as preapplication sketch plans, preliminary plans, or final plans.
A. 
Preapplication sketch plans. The Township strongly recommends applicants submit preapplication sketch plans for informal discussion and guidance in conformance with the guidelines of § 425-302, Preapplication sketch plan standards, and § 425-303, Preapplication sketch plan procedure.
B. 
Preliminary plans.
(1) 
All major subdivision plans and all land development plans shall be submitted in compliance with § 425-304, Preliminary plan requirements, herein.
(2) 
Minor subdivision plans, as defined in this chapter, may be submitted in compliance with § 425-309, Minor subdivision plans, herein.
(3) 
All preliminary plans shall comply with § 425-305, Preliminary plan procedure, herein.
C. 
Final plans.
(1) 
All final major subdivision plans and all final land development plans shall be submitted and processed in compliance with § 425-306, Final plan requirements, and § 425-307, Final plan procedure, herein.
(2) 
Minor subdivision final plans may be submitted and processed in compliance with § 425-309, Minor subdivision plans, herein.

§ 425-302 Preapplication sketch plan standards.

Preapplication sketch plans inform the Township of an applicant's intent to subdivide and/or develop a property and graphically show the concepts and extent of the proposal. They also allow the Township to provide advice and guidance to an applicant so that major issues can be resolved prior to preparation of preliminary plans, so the preliminary plan approval process may proceed more efficiently.
A. 
Preapplication sketch plans shall have no legal standing with regard to the formal plan approval process mandated by the Pennsylvania Municipalities Planning Code but shall be considered as a tool for discussion and guidance regarding development issues.
B. 
Preapplication sketch plan information. The plan should be drawn legibly and to scale, but it need not be a precisely surveyed or engineered plan, and it is to the applicant's advantage to show as much of the following information as possible:
(1) 
The entire tract boundary and total acreage.
(2) 
Existing and proposed streets, lots, buildings, and approximate building envelopes.
(3) 
Access analysis for all nonresidential proposals in compliance with this chapter; optional for residential proposals.
(4) 
Significant physical features such as floodplains, steep slopes, woodlands, and existing structures.
(5) 
Contour lines at five- to ten-foot intervals, based on USGS datum.
(6) 
Approximate locations for stormwater control basins, if necessary.
(7) 
Location plan showing the relationship of the subject tract to the surrounding road network and major physical features.
(8) 
North point and written and graphic scale. Plans shall be oriented so that north is to the top of the sheet.
(9) 
Name and address of the owner.
(10) 
Name and address of the engineer, surveyor or architect, as applicable.
(11) 
Any additional information that the applicant believes will help explain the proposal.

§ 425-303 Preapplication sketch plan procedure.

The preapplication sketch plan procedure allows a cooperative effort between the Township and the applicant to identify and resolve significant issues before preparation of preliminary plans, so the preliminary plan approval process may proceed more efficiently.
A. 
The applicant shall make a request to the Township Secretary to be scheduled on the meeting agenda of the Township Planning Commission for an informal discussion of the preapplication sketch plan.
(1) 
The applicant shall provide 15 copies of an electronic version of the plan on compact disc (CD) at the time of original plan filing and at the time of submittal of all revisions. The CDs shall be labeled, including the title of the subdivision, the plan's original date, and the plan's last revised date when applicable. The CDs shall contain file(s) of the proposed subdivision or land development plan for use with the Township projector system during public meetings. The file(s) shall be in either portable drawing format (PDF) or tagged image file format (TIFF) or a computer-aided drafting format determined to be compatible with the Township's projection system software.
[Amended 6-14-2005 by Ord. No. 2005-08; 2-13-2007 by Ord. No. 2007-01]
(2) 
The applicant shall provide eight paper copies of the plan to the Township Secretary during normal business hours.
[Added 1-10-2006 by Ord. No. 2006-01; amended 2-13-2007 by Ord. No. 2007-01]
B. 
The applicant or his representatives shall appear as scheduled at the meeting to explain the plan and to discuss the issues identified by the Planning Commission. The applicant should be prepared to discuss significant issues, including, but not limited to:
(1) 
Land use proposed (i.e., residential, commercial, industrial).
(2) 
Density or intensity of proposal.
(3) 
Access to the subject site:
(a) 
Intersection locations.
(b) 
Road realignments.
(4) 
Site plan design:
(a) 
Lotting.
(b) 
Roads.
(c) 
Buildings.
(d) 
Common areas.
(e) 
Curbs and sidewalks.
C. 
The Township Planning Commission may make suggestions and recommendations to the applicant during the meeting at which the plan is discussed. These need not be presented in writing to the applicant; however, they should be summarized in the minutes of the Township Planning Commission for reference.
(1) 
Recommendations regarding noncompliance with Township ordinance requirements and/or planning policies must be implemented by the applicant in the form of plan revisions.
(2) 
Recommendations and suggestions in the form of preferences or alternatives should be seriously evaluated by the applicant prior to further plan processing.
D. 
If a proposal is large or complex, the Township Planning Commission may defer completing its comments and recommendations until it has consulted its technical advisors. However, the Planning Commission will try to expedite this informal review process.
E. 
Applicants may present alternative preapplication sketch plans at one meeting or may present alternatives at subsequent meetings, provided that appropriate agenda time has been scheduled in advance.
F. 
When the Township and applicant have resolved the major concepts involved in the proposal, the applicant should proceed to preliminary plan submission.

§ 425-304 Preliminary plan requirements.

This section lists the information required to be provided on all preliminary land development plans and all preliminary major subdivision plans. For minor subdivision plans, refer to § 425-309, Minor subdivision plans, herein.
A. 
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 15 inches by 18 inches, 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.
(5) 
A reduced scale plan of the entire site at a scale greater than 100 feet to the 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) 
Plans shall be prepared in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Land Surveyor and Geologist Registration Law,"[1] except that this requirement shall not preclude the preparation of a plan in accordance with the act of January 24, 1966 (1965 P.L. 1527, No. 535), known as the "Landscape Architects' Registration Law," when it is appropriate to prepare the plan using professional services as set forth in the definition of the "practice of landscape architecture" under Section 2 of that act.[2]
(a) 
Tract boundary lines shall be the heaviest property lines.
(b) 
Proposed lot lines shall be the next heaviest.
(c) 
Possible future lots, if shown, shall be the lightest line weight, and may be shown as dashed lines.
[1]
Editor's Note: See 63 P.S. § 148 et seq.
[2]
Editor's Note: See 63 P.S. § 902(4).
B. 
Basic information. All preliminary plans shall show the following basic information:
(1) 
The words "PRELIMINARY PLAN" in an obvious location on any drawings or supplemental data.
(2) 
Name of the subdivision or land development.
(3) 
Name and address of applicant.
(4) 
Name and address of the firm that prepared the plan and professional seal of the individual certifying its accuracy and compliance with applicable standards.
(5) 
Date of preparation of the plan and a descriptive list of revisions to the plan, and the revision dates.
(6) 
North point and written and graphic scale. Plans shall be oriented so that north is to the top of the sheet.
(7) 
Location plan showing the relationship of the subject tract to the surrounding road network and major physical features.
(8) 
The entire tract boundary with bearings and distances and total tract acreage.
(9) 
A list of the basic dimensional and intensity requirements of the applicable zoning district, compared to the applicant's proposal.
(10) 
Zoning classification(s) of all lands abutting the proposal.
(11) 
Names of all current owners of immediately adjacent lands.
(12) 
A statement showing:
(a) 
Number of acres under proposal
(b) 
Number of lots and/or dwelling units, or gross leasable area.
(13) 
Description of variances or special exceptions and the dates they were granted, if any.
(14) 
Description of any deed restrictions or other covenants affecting development of the tract.
(15) 
The requirements of any other local ordinance that may affect the proposal.
(16) 
Legend sufficient to indicate clearly between existing and proposed conditions.
(17) 
Name and address of the owner of record.
(18) 
Tax block and unit number of all parcels involved.
(19) 
Deed book and page numbers for all parcels involved.
(20) 
The Montgomery County Planning Commission plan review file number, if known (e.g., 98-627), if the subject parcel was part of a subdivision or land development processed within the most recent ten-year period.
(21) 
An empty block or space at least 3 1/2 inches wide by two inches tall for the Montgomery County Planning Commission (MCPC) stamp and seal.
C. 
Existing features. Within the tract proposed for subdivision and/or land development and within 100 feet of the tract boundaries, the following information shall be shown on the preliminary plan:
(1) 
Streets bordering or crossing the tract, including:
(a) 
Locations.
(b) 
Names.
(c) 
Rights-of-way:
[1] 
Legal.
[2] 
Ultimate.
(d) 
Cartway widths.
(e) 
Surface conditions.
(f) 
Township (T), county (C), or state (SR) route numbers.
(2) 
Sanitary sewage facilities, including:
(a) 
On-lot sewage disposal systems, including a statement from the Sewage Enforcement Officer that all existing on-lot sewage disposal systems on the subject property are functioning properly.
(b) 
Public or centralized systems, including:
[1] 
Pipe locations;
[2] 
Pipe sizes and materials;
[3] 
Direction of flow;
[4] 
Gradient of flow;
[5] 
Manholes; and
[6] 
Invert elevations.
(3) 
Storm sewers, including:
(a) 
Pipe locations;
(b) 
Pipe sizes and materials;
(c) 
Direction of flow;
(d) 
Gradient of flow;
(e) 
Inlets, catchbasins, and manholes; and
(f) 
Invert elevations.
(4) 
Other existing stormwater and/or erosion control facilities, including:
(a) 
Basins.
(b) 
Swales.
(c) 
Diffusion devices.
(d) 
Velocity controls.
(e) 
Related technical data for those facilities.
(5) 
Water supply facilities, including:
(a) 
On-lot well locations, including the one-hundred-foot radius clear zone separating wells from sewage disposal locations.
(b) 
Public or centralized systems, including:
[1] 
Central water supply lines;
[2] 
Pipe sizes and materials; and
[3] 
Fire hydrant locations.
(6) 
Water-related features, including:
(a) 
Lakes, ponds.
(b) 
Wetlands, swamps or marshes; where wetlands exist, a delineation shall be done by a qualified professional, and a technical report shall be provided. A certification in the following form shall be included on the plan:
Wetlands Certification
Wetlands were mapped by ____________________ on ________, 2__, and we certify as to their location shown on this plan.
(Name)
Date
Title
License No. ________________
(c) 
Watercourses; springs.
(d) 
Flood-prone or floodplain areas, including base flood elevations from Flood Insurance Studies, supporting hydrologic and hydraulic data for one-hundred-year flood limits, or Montgomery County Soil Survey, when applicable, as determined appropriate by the Township Engineer for the watercourse(s) affecting the site.
(e) 
Riparian corridor boundaries in accordance with Article XXIX of Chapter 500, Zoning.
(7) 
Existing vegetation, including:
(a) 
Location, size, species and condition of trees six inches in diameter or greater, when standing alone or in groups of up to 10 trees.
(b) 
Outer limits of groups of more than 10 trees, woodlands and hedgerows and a general description of the types, sizes and conditions of trees within these areas.
(c) 
Locations and general boundaries of actively farmed lands, pastures, old fields, and meadows, and a general description of vegetation within these areas.
(8) 
Locations and limits of natural features that may affect construction of proposed streets, buildings or other improvements, including:
(a) 
Rock outcroppings.
(b) 
Quarries.
(c) 
Ravines.
(d) 
Sinkholes.
(9) 
Soil types, including:
(a) 
Mapped limits.
(b) 
Names.
(c) 
Significant limitations, such as high-water table or shallow bedrock.
(10) 
Slope information, including:
(a) 
Contours at a vertical interval of two feet, accurately drawn from photogrammetric or on-site survey data.
(b) 
Areas with slopes of 15% or greater, as determined from the contours shown on the plan.
(11) 
Other man-made features, including:
(a) 
Location, size, character and configuration of existing buildings, 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.
(c) 
Location, type and ownership of utilities, both above and below ground, with notes to describe:
[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.
(12) 
Sight distance analysis for all streets and driveways, in compliance with this chapter.
D. 
Proposed features. Within the tract proposed for subdivision and/or land development, the proposed land use(s) and 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;
[Amended 6-14-2005 by Ord. No. 2005-08]
[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 by courses and distances;
[8] 
Capacity of parking areas;
[9] 
Safe stopping sight distance at proposed intersections; and
[10] 
Locations and types of traffic control signs, street name signs, and pavement markings.
(b) 
Layout and dimensions of all lots, including the net lot area.
(c) 
All building setback lines.
(d) 
All parking setback lines, where applicable.
(e) 
Proposed sidewalk or other walkway locations.
(f) 
Proposed buildings, including:
[1] 
Locations;
[2] 
Configurations;
[3] 
Sizes (ground-level floor area, total floor area, and height);
[4] 
Total building coverage (square feet and percentage of site);
[5] 
Locations and types of accessory structures; and
[6] 
Ground-floor elevations.
(g) 
Common use areas, including:
[1] 
Open space areas.
[a] 
Locations;
[b] 
Configurations; and
[c] 
Size.
[2] 
Recreation facilities.
[a] 
Locations; and
[b] 
Types of facilities.
[3] 
Parking, driveway or road areas when privately owned for common use.
[4] 
Notes regarding offers of dedication or retention in private ownership, as applicable.
(h) 
Areas for future uses, including:
[1] 
Road extensions;
[2] 
Stormwater management facilities; and
[3] 
Where only a portion of a property is proposed as a currently active proposal, the preliminary plan shall include a sketch plan to show how the immediate proposal can fit logically into an overall plan for the entire site. This sketch plan shall conform to the standards of § 425-302, Preapplication sketch plan standards, herein, and include explanatory notes for use of the area(s) covered in the sketch plan.
(i) 
Proposed landscaping, including:
[1] 
Street trees;
[2] 
Site element screens;
[3] 
Property line buffer areas;
[4] 
Parking lot landscaping;
[5] 
Other landscape features such as mounding, berming, and water features; and
[6] 
Table listing types and quantities of all required and proposed plant materials.
(j) 
Proposed lighting, as specified in § 425-419, Lighting standards for all uses, subdivisions, and land developments.
(2) 
Grading, drainage, and utilities. The following information for the facilities as proposed shall be shown on the preliminary plan:
(a) 
Proposed contours for the entire site at the contour interval of the plan.
(b) 
Approximate limits of site disturbance, including a clear delineation of existing vegetation, including trees, hedgerows, wooded areas, scrub growth, meadow, and actively farmed land:
[1] 
To be removed; and
[2] 
To be preserved.
(c) 
Stormwater management and erosion control and sedimentation facilities, including:
[1] 
Basins;
[2] 
Swales;
[3] 
Diffusion devices;
[4] 
Velocity controls;
[5] 
Pipe locations;
[6] 
Pipe sizes and materials;
[7] 
Direction of flow;
[8] 
Gradient of flow;
[9] 
Inlets, catchbasins, and manholes; and
[10] 
Invert elevations.
[11] 
Design calculations for these facilities shall be submitted in report form with a note on the plan referencing the report.
(d) 
Sanitary sewage facilities, including:
[1] 
On-lot sewage disposal systems, including approved on-site disposal locations.
[2] 
Public or centralized systems, including:
[a] 
Sanitary sewer line locations, clearly identified as gravity flow or force mains;
[b] 
Pipe sizes and materials;
[c] 
Direction of flow;
[d] 
Gradient of flow;
[e] 
Manholes;
[f] 
Invert elevations;
[g] 
Pumping stations; and
[h] 
Package treatment plant locations.
(e) 
Water supply facilities, including:
[1] 
On-lot well locations, including the one-hundred-foot radius clear zone separating wells from sewage disposal locations.
[2] 
Public or centralized systems, including:
[a] 
Central water supply lines;
[b] 
Pipe sizes and materials; and
[c] 
Fire hydrant locations.
(f) 
Finished floor elevations of proposed buildings.
(3) 
Horizontal plan, profiles, cross sections and structural designs. The following shall be provided:
(a) 
Horizontal plan. The horizontal plan shall show details of the horizontal layout, as follows:
[1] 
The beginning and end of proposed immediate and future construction;
[2] 
Stations corresponding to those shown on the profiles;
[3] 
The curb elevation at tangent points of horizontal curves, at road or alley intersections, and at the projected intersections of the curblines;
[4] 
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;
[5] 
The location, type and size of curbs and all paving widths; and
[6] 
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, etc; and
[4] 
Profiles of water mains.
(c) 
Cross sections. The cross section for each classification of street shall comply with the Township'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 should 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; and
[7] 
Proposed grading to the ultimate right-of-way line.
(d) 
Appurtenances. Preliminary design of any required bridges, culverts or other structures and appurtenances.
(4) 
Construction details for improvements for the following:
(a) 
Proposed streets, alleys, driveways, and parking areas (public or private);
(b) 
Sidewalks, curbs, and storm sewers;
(c) 
Stormwater management facilities;
(d) 
Utilities, including sewer and water facilities in compliance with specifications of the Upper Hanover Authority;
(e) 
Lighting facilities;
(f) 
Other improvements when requested by the Township Engineer; and
(g) 
Alternate sewage disposal systems.
(5) 
Pennsylvania One Call System (POCS). Plans shall contain a note, consistent with the requirements of Pennsylvania Act 287 of 1974, as amended by Act 187 of 1996 (73 P.S. § 176 et seq.), containing the POCS toll-free telephone number, logo, and provision for the POCS serial number.
(6) 
Applicants should review the additional final plan requirements of § 425-306A, B, C and D and make provisions on the plan for the required additional certification blocks and notes.

§ 425-305 Preliminary plan procedure.

The procedure contained in this section shall regulate the submission and review of all preliminary plans for major and minor subdivisions and all land developments.
A. 
Eight paper copies of the preliminary plan shall be submitted in person by the applicant or applicant's agent, to the Township Secretary, during normal Township business hours. Plans submitted to any other official or agent of the Township shall not be considered as properly submitted for review.
[Amended 6-14-2005 by Ord. No. 2005-08; 1-10-2006 by Ord. No. 2006-01; 2-13-2007 by Ord. No. 2007-01]
B. 
Preliminary plans must be accompanied by:
(1) 
Township filing fee and escrows.
(2) 
Montgomery County Planning Commission review fee.
(3) 
Completed Township application and administrative forms, including the § 425-304 plan requirements checklist for all land developments and all major subdivisions.
(4) 
Written request for waivers in compliance with § 425-106 herein, when sought by the applicant. Additional waiver requests may be submitted during the review process.
(5) 
Fifteen copies of an electronic version of the plan on compact disc (CD) at the time of original plan filing and at the time of submittal of all revisions. The CDs shall be labeled, including the title of the subdivision, the plan's original date, and the plan's last revised date, when applicable. The CDs shall contain file(s) of the proposed subdivision or land development plan for use with the Township projector system during public meetings. The file(s) shall be in either Portable Drawing Format (PDF) or Tagged Image File Format (TIFF) or a computer-aided drafting format determined to be compatible with the Township's projector system software. The file(s) shall show the proposed plan in sufficient detail to enable viewers to understand what the proposal entails.
[Added 6-14-2005 by Ord. No. 2005-08; amended 2-13-2007 by Ord. No. 2007-01]
C. 
The Township Secretary or Assistant Secretary will conduct a cursory review of the application, administrative forms, fees, escrows and preliminary plans to ensure that the submission appears to be complete and will then stamp the plans with the application date (the date the application was filed).
D. 
The Township Secretary shall distribute copies of the plan to the following for review and recommendations:
(1) 
Township Planning Commission.
(2) 
Board of Supervisors.
(3) 
Township Engineer.
(4) 
Montgomery County Planning Commission, along with the required review fee and request for review.
(5) 
Township Solicitor, other Township boards or officials, sewer and/or water authorities, and/or other technical consultants, as needed.
(6) 
Township Fire Marshal.
[Added 6-9-2009 by Ord. No. 2009-05]
E. 
The application for approval of the preliminary plan shall be placed on the agenda of the regular business meeting of the Township Planning Commission next following the application date. Applications submitted on the day of a regular meeting of the Township Planning Commission shall be placed on the agenda of the next month's regular meeting of the Township Planning Commission.
F. 
The Township Planning Commission shall communicate its recommendations to the Board of Supervisors upon completion of its review of the preliminary plan. Its review shall include consideration of the timely recommendations of the Township Engineer, Montgomery County Planning Commission, and other technical advisors, when requested.
G. 
The Board of Supervisors shall have a ninety-day time period to act on the plan unless the applicant has agreed in writing to an extension of the time period.
(1) 
The ninety-day time period shall be measured either from the date of the next regularly scheduled Township Planning Commission meeting following the application date or from the date of entry of a final court order remanding an application to the Township.
(2) 
If the next regular meeting of the Township Planning Commission following the application date occurs more than 30 days following the application date, then the ninety-day time period shall be measured from the 30th day following the application date.
(3) 
If an applicant grants, in writing, an extension of the ninety-day time period, it shall be measured from the expiration of the original ninety-day period. A time extension shall postpone the deadline and effects of the ninety-day time period for the additional number of days agreed to in writing.
H. 
The Board of Supervisors shall consider the preliminary plan application at one or more of its public meetings during the ninety-day time period and/or extension thereof, if applicable, and shall render a decision on the plan following receipt of the recommendations of the Township Planning Commission, Township Engineer, Montgomery County Planning Commission, and/or other technical advisors, as requested. Provided that, in accordance with the Pennsylvania Municipalities Planning Code, the Board of Supervisors shall not approve an application until the Montgomery County Planning Commission's report of its recommendations is received or until the expiration of 30 days from the date the application was forwarded to the County. 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:
(1) 
The date noted on the Township's request for review; or
(2) 
Two days prior to the County's receipt of the request if no date is noted on the request; except that, in no instance will the date be earlier than five days prior to the County's receipt of the request.
I. 
Procedure following the Board of Supervisors' decision. When the Board of Supervisors makes a decision on a preliminary plan, one of the following procedures will be followed, depending on the type of decision:
(1) 
Denial. If the Board denies approval of a preliminary plan in terms as filed by the applicant, then the written notification to the applicant shall specify the defects found in the application and describe the requirements that have not been met and shall cite the provisions of the statute or ordinance relied upon.
(2) 
Approval. If the Board approves a preliminary plan, in terms as filed by the applicant, then the Township Secretary will so certify thereon, and two copies of the approved plan will be forwarded to the applicant. The applicant shall then submit two paper copies of the approved plan for Township seal and signature.
(3) 
Approval subject to conditions.
(a) 
If the Board approves a preliminary plan subject to specific conditions, the applicant shall accept those conditions in writing; otherwise the plan shall be denied approval. Therefore, the written notification to the applicant shall:
[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 and specify the defects found in the application; describe the requirements that 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 30 days following the decision by the Board of Supervisors to grant conditional approval.
(b) 
Following submission of written agreement to the conditions specified by the Board, the applicant shall submit two paper copies of the preliminary plan which show compliance with the conditions by plan revision or notation for Township seal and signatures.
(4) 
Written notification of the Board of Supervisors' decision shall be communicated to the applicant personally or be mailed to the applicant's last known address not later than 15 days following the decision.
J. 
Effective period of approval. Approval will be effective indefinitely from the date of preliminary plan approval. Changes to ordinances may affect plan approvals after five years from the date of preliminary plan approval, except as follows:
(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 approval within that five-year period.
(a) 
Such five-year period shall be extended for the duration of any sewer or utility moratoria or prohibitions imposed after the filing of the application for preliminary approval. No extension shall be based upon a water or sewer moratorium in effect when a preliminary application is filed.
(b) 
Such five-year period shall be extended for the duration of any litigation, including appeals, which prevent the commencement or completion of the development. The five-year period shall be extended by the total time from the date the appeal was filed until a final order is entered and all appeals have been exhausted and are final and any period for filing appeals or requests for reconsideration have expired.
(2) 
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 a 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 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 has been granted to the final section.
(b) 
Any modification in the aforesaid schedule shall be subject to approval of the Board of Supervisors, in 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 the Board of Supervisors, in its discretion.
(d) 
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, the protections of § 425-305J shall also apply to each subsequent section for an additional term of three years from the date of final plan approval of each section.

§ 425-306 Final plan requirements.

Final plans for all major subdivisions and/or all 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.
A. 
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, four or five feet to the inch, whichever is most appropriate.
(2) 
Information to be shown. The plan shall contain sufficient information to provide working plans 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; and
[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, etc.
[4] 
Profiles of water mains.
(c) 
Cross sections. The cross section for each classification of street shall comply with the Township'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 should 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) 
Appurtenances. Final design of any required bridges, culverts, or other structures and appurtenances.
B. 
Additional information. The following additional information shall be submitted with the final plan:
(1) 
All required local, state and federal permits, including Montgomery County, Pennsylvania Department of Transportation (PennDOT), or Township permits, Pennsylvania Department of Environmental Protection (PA DEP) permits for wetlands, drainage, stream alteration, 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 Township Office, has been made a part of the approved final plan."
(b) 
"For access to a highway under the jurisdiction of PennDOT, 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 that support the proposed improvements, such as drainage calculations, sanitary facility design calculations, or structural calculations.
(4) 
Certification of inspection and satisfactory functioning of any on-lot sewage disposal system that will remain in use, in accord with current industry and PA DEP standards.
(5) 
The applicant shall provide any permit, design or other necessary documentation to demonstrate that access to the proposed lots and/or development is assured.
(6) 
A letter of adequacy from the Montgomery County Conservation District for the erosion and sedimentation control plan.
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 15 inches by 18 inches, 18 inches by 30 inches, or 24 inches by 36 inches. All lettering and lines should be drawn to be legible if the plan is reduced to half size.
(2) 
Information to be shown. The plan, which shall include all portions of an approved preliminary plan, shall also show:
(a) 
The words "FINAL PLAN" in an obvious location on any drawings or supplemental data.
(b) 
Basic information, as required for a preliminary plan, § 425-30B.
(c) 
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.
(d) 
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; and
[7] 
For land development plans, all additional information pertinent to the location and construction of site improvements, including buildings, walks, parking, driveways, etc.
(e) 
All lots deeded to the ultimate right-of-way so that the applicant may draw a single deed to the appropriate body having jurisdiction for the dedication of streets.
(f) 
Evidence that the plans are in conformance with the Zoning Ordinance and other applicable Township ordinances and regulations. In any instance where such plans do not conform, evidence shall be presented that an exception, waiver or variance has been officially authorized.
(g) 
The location, material and size of all existing and proposed monuments with reference to them.
(h) 
Building setback lines with distances from the ultimate right-of-way line and property lines.
(i) 
The Montgomery County Planning Commission plan review file number (e.g., 98-627).
D. 
Certifications. When approved, the record plan must show:
(1) 
The signature and seal of the registered engineer and/or surveyor certifying that the plan represents his or her work; that the monuments shown thereon exist as located; and that the dimensional and geodetic details are correct.
(2) 
The signature of the applicant certifying his or her adoption of the plan.
(3) 
The signatures of the Township Planning Commission Chairperson and Vice Chairperson, and signatures of the Chairman of the Board of Supervisors and Township Secretary, certifying that the Board of Supervisors approved the final plan on the date shown.
(4) 
The signature of the Township Engineer.
(5) 
A blank space for the stamp and seal of the Montgomery County Planning Commission, located along the right-hand edge of the plan, at least three inches high by four inches wide.
(6) 
The Montgomery County Planning Commission review file number (e.g., 98-627). (Note: Sample certifications are found in Appendix D herein.[1])
[1]
Editor's Note: The Appendixes are included at the end of this chapter.
E. 
Electronic submittal. One copy of the approved record plan shall be submitted to the Township in PDF, TIFF, or other format which may be compatible with the Township's system. The plan shall be submitted on CD. The CD shall be labeled, including the title of the subdivision, the plan's original date, and the plan's last revised date, when applicable.
[Amended 6-14-2005 by Ord. No. 2005-08; 1-10-2006 by Ord. No. 2006-01]

§ 425-307 Final plan procedure.

Final plans shall be submitted and reviewed in accordance with the procedure contained in this section.
A. 
Final plans with previous preliminary plan approval. The Board of Supervisors shall approve a final plan for an application that has been previously granted preliminary plan approval when it is assured that:
(1) 
The final plan conforms to the approved preliminary plan.
(2) 
All engineering and other technical details have been resolved to the satisfaction of the Township Engineer, as evidenced by a letter from the Township Engineer, and to the satisfaction of other technical advisors, when requested by the Board of Supervisors.
(3) 
The Township Planning Commission has recommended approval of the final plan.
(4) 
All financial security and legal agreements have been found satisfactory by the Board of Supervisors, under the review and advice of the Township Solicitor, all security has been posted, and all agreements have been executed.
(a) 
When requested by the developer in order to facilitate financing, the Board of Supervisors 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 nor recorded until the financial improvements agreement is executed.
(c) 
The resolution of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless the Supervisors grant a written extension.
(5) 
The plan complies in all respects with applicable Township ordinances or that appropriate variances or waivers have been granted for features that do not comply.
(6) 
All necessary permits have been obtained from the applicable regulatory agencies, authorities or departments.
B. 
Final plans without previous preliminary plan approval. Approval of a final plan for an application that has not been previously granted preliminary plan approval may be granted concurrent with preliminary and final plan approvals, in compliance with the following:
(1) 
The final plan for major subdivisions and for land developments complies with both the preliminary and final plan submission requirements, §§ 425-304 and 425-306 herein.
(2) 
The final plan for minor subdivisions complies with § 425-309, Minor subdivision plans, herein.
(3) 
The final plan is submitted and processed in compliance with § 425-305, Preliminary plan procedure.
(4) 
The final plan complies with § 425-307A(2), (3), (4), (5) and (6) above.
C. 
Processing steps for applications with previous preliminary approval.
(1) 
Eight paper copies of the final plan shall be submitted in person by the applicant or applicant's agent to the office of the Township Secretary during normal Township business hours. Plans submitted to any other official or agent of the Township shall not be considered as properly submitted for review. The Township's required administrative forms, fees and escrows shall accompany final plans, where applicable.
[Amended 6-14-2005 by Ord. No. 2005-08; 1-10-2006 by Ord. No. 2006-01; 2-13-2007 by Ord. No. 2007-01]
(a) 
The applicant shall provide 15 copies of an electronic version of the plan on compact disc (CD) at the time of original plan filing and at the time of submittal of all revisions. The CDs shall be labeled, including the title of the subdivision, the plan's original date, and the plan's last revised date, when applicable. The CDs shall contain file(s) of the proposed subdivision or land development plan for use with the Township projector system during public meetings. The file(s) shall be in either Portable Drawing Format (PDF) or Tagged Image File Format (TIFF) or a computer-aided drafting format determined to be compatible with the Township's projector system. The file(s) shall show the proposed plan in sufficient detail to enable viewers to understand what the proposal entails.
(2) 
The application date will be stamped on the plan, and the application for final plan approval shall be placed on the agenda of the regular meeting of the Planning Commission next following the following the application date.
(3) 
The Board of Supervisors shall have a ninety-day time period to act on the plan unless the applicant has agreed in writing to an extension of the time period. The ninety-day time period shall be measured either from the date of the next regularly scheduled Township Planning Commission meeting following the plan submission date or from the date of entry of a final court order remanding an application to the Township.
(4) 
Copies of the plan will be distributed to the following:
(a) 
Township Engineer, Solicitor, Zoning Officer and Planning Commission.
(b) 
Other Township boards or officials, sewer and/or water authorities, and/or other technical advisors as needed.
(c) 
Township Fire Marshal.
[Added 6-9-2009 by Ord. No. 2009-05]
(5) 
The Board of Supervisors shall consider the final plan at one or more of its public meetings during the allocated ninety-day time period.
(6) 
The Board of Supervisors shall grant final plan approval in compliance with § 425-307A, above.
D. 
When the final plan is approved, the applicant shall present paper and Mylar copies of the plan to be signed by the Chairperson and Vice Chairperson of the Planning Commission, the Chairperson of the Board of Supervisors, the Township Secretary, and the Township Engineer, together with the date of the approval and official Township seal.

§ 425-308 Plan recording.

Within 90 days following final plan approval or 90 days after the date of delivery of the approved plan signed by the Township following the completion of conditions imposed to obtain approval, whichever is later, the Township 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 a municipality requires final plan approval, the Recorder of Deeds shall not accept any plan for recording unless it contains the official approval of the municipality's governing body and certification of review by the County Planning Commission.
B. 
Prior to recording, the municipality-approved plan should be presented to the Montgomery County Planning Commission (MCPC) for its stamp and seal, with one paper copy made available to the County Planning Commission for its files. The plan review file number (e.g., 98-627-2) should be noted in the box provided for certification by the County Planning Commission.

§ 425-309 Minor subdivision plans.

Minor subdivision plans, as defined in this chapter, shall be submitted and processed in accordance with the standards and requirements in this section. Minor subdivisions shall include lot line adjustments, simple conveyances, and subdivisions that would create two or three lots from one existing parcel.
A. 
Minor subdivision plan requirements.
(1) 
Drafting standards.
(a) 
The plan shall be professionally drawn to a standard engineering scale not exceeding 100 feet to the inch.
(b) 
Sheet size shall be 15 inches by 18 inches, 18 inches by 30 inches, or 24 inches by 36 inches, appropriately related to the scale of the drawing.
(c) 
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 words "MINOR PLAN" in an obvious location on any drawings or supplemental data.
(b) 
Name and address of the applicant.
(c) 
Name and address of any other property owner involved in the proposal.
(d) 
Name and address and professional seal of the individual that prepared the plan.
(e) 
Date of preparation of the plan and a descriptive list of revisions to the plan, and the revision dates.
(f) 
North point and written and graphic scale. The plan shall be oriented so that north is at the top of the sheet.
(g) 
Location plan showing the relationship of the subject tract to the surrounding road network and major physical features.
(h) 
The entire boundary lines of all lots involved in the proposal, with bearings and distances and lot areas.
(i) 
A list of the basic dimensional requirements of the applicable zoning district.
(j) 
Legend sufficient to indicate clearly between existing and proposed conditions.
(k) 
Notes sufficient to describe what is being proposed and which land areas are to be transferred as a result of the proposal.
(l) 
Parcel identification number or block and unit number of all involved parcels, from Montgomery County Board of Assessment Data.
(m) 
The Montgomery County Planning Commission plan review file number, if known (e.g., 98-627), if the subject parcel was part of a subdivision processed within the most recent ten-year period.
(3) 
Additional information to be submitted with minor plans. Before the Township grants plan approval, the applicant shall submit the following information for all minor plans, where applicable:
(a) 
Department of Environmental Protection (PA DEP) planning module or exemption.
(b) 
Any required state, local or federal permit(s), including, but not limited to: PennDOT highway occupancy permit, PA DEP permits for drainage, stream alteration, stream crossing, dams, erosion and sediment control, air pollution, and/or sewage disposal.
(c) 
Where an erosion and sedimentation pollution control plan is required, a favorable review letter from the Montgomery County Conservation District.
(d) 
Where requested by the Township, the applicant shall provide any permit, design or other necessary documentation to demonstrate that access to the proposed lots is assured.
(4) 
Existing and proposed features to be shown on the plan.
(a) 
For all minor plans.
[1] 
Existing features.
[a] 
Streets bordering or crossing the tract, showing names, right-of-way and cartway widths, and surface conditions.
[b] 
Locations of sanitary and/or storm sewer lines and water supply lines in close proximity to the site.
[c] 
Locations of any natural or man-made features within the property and up to 100 feet beyond the tract boundaries that may affect the developability or usefulness of the land, including the following:
[i] 
All watercourses, wetlands, and limits of flood-prone areas based on FEMA studies or engineering determination;
[ii] 
Riparian corridor boundaries in accordance with Article XXIX of Chapter 500, Zoning;
[iii] 
On-lot sewage disposal systems and wells;
[iv] 
Contours obtained from USGS maps or more accurate methods;
[v] 
Location and description of existing buildings, other structures and driveways, labeled "to remain" or "to be removed," as applicable;
[vi] 
Outer limits of tree masses;
[vii] 
Rock outcroppings, quarries, ravines and/or sinkholes; and
[viii] 
Soil types, including names, mapped limits, and significant limitations, such as high-water table or shallow bedrock.
[d] 
Location, type and ownership of major utilities, such as pipelines and electric transmission lines, both above and below ground, with notes describing:
[i] 
Easement or right-of-way dimensions;
[ii] 
Additional setback or development restrictions imposed by the utility company; and
[iii] 
Specific type of product using pipelines.
[e] 
Areas subject to deed restrictions or easements.
[2] 
Proposed features:
[a] 
Layout and dimensions of all lots, including net lot areas.
[b] 
All building setback lines.
[c] 
Locations of on-site water supply and sewage disposal, if applicable.
[d] 
Driveway locations and grades.
(b) 
Additional information for specific types of plans.
[1] 
For lot line adjustments:
[a] 
The lot line proposed to be adjusted as it currently exists, shown as a dashed line, labeled "lot line to be removed;"
[b] 
The lot line as it is proposed to be after adjustment, drawn using the standard lot line delineation at a heavier line weight than the other lot lines and labeled "proposed new lot line;"
[c] 
Any existing physical features of the site that are involved in the decision to adjust the line; and
[d] 
Any existing and/or proposed features that will be directly affected by the lot line adjustment, including lot width and building setbacks.
[e] 
The plan shall, in the certificate of ownership, include the signatures of both property owners involved in the land exchange.
[2] 
For simple conveyances:
[a] 
The land area to be conveyed, drawn in a manner that makes it easily noticeable.
[i] 
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.
[ii] 
This area shall be labeled "this area to be conveyed to (name)."
[b] 
The area of the parcel being conveyed. This area need not satisfy the dimensional requirements for lotting in the district in which it is located, nor the street frontage requirements of the Zoning Ordinance, provided that it shall be deed restricted or otherwise guaranteed that it may not be transferred independent of the lot to which it is being functionally added by the process of simple conveyance.
[c] 
The areas of the existing lots and the lot areas following conveyance.
[d] 
Any existing and/or proposed site features which will be directly affected by the conveyance.
[e] 
The plan shall, in the certificate of ownership, include the signatures of both property owners involved in the land exchange.
[3] 
For minor subdivision plans proposing one or more new lots:
[a] 
Erosion control plan or, if single-family detached dwelling lots, a note on the plan designating responsibility for an erosion control plan to the lot owner.
[b] 
A statement from the Sewage Enforcement Officer that all existing on-lot sewage disposal systems are functioning properly.
B. 
Minor subdivision plan submission and review procedure.
(1) 
All minor subdivision plans shall be considered to be preliminary plans for submission and review purposes and shall comply with the requirements of § 425-305, Preliminary plan procedure. Minor subdivision plans shall comply with § 425-309A, Minor subdivision plan requirements, and are not required to comply with § 425-304, Preliminary plan requirements, herein.
(2) 
When a minor plan qualifies for approval or for approval subject to conditions in accordance with § 425-305I herein, the minor plan may be granted concurrent preliminary and final plan approvals, provided that the plan includes the final plan certifications required by § 425-306D herein and complies with § 425-307A(2), (3), (4), (5) and (6) herein. An electronic copy shall be submitted to the Township Engineer, as provided for in § 425-306E.
(3) 
A minor plan is not required to include an improvements construction plan or a record plan, as required by § 425-306A and C herein.
(4) 
A minor plan that will require access to a state highway shall provide the "highway access" statement on the plan, as required by § 425-306B(2)(b) herein.
C. 
Recording of lot annexation. Documents relating to plans involving lot annexations shall be submitted and recorded as follows:
(1) 
By the time the plan is submitted to the Township Supervisors the landowner shall submit to the Township Supervisors for review a copy of the proposed deed for the parcel being annexed, which deed shall include:
(a) 
Reference to the plan;
(b) 
The recording information and how the parcel is identified on the plan; and
(c) 
Statements that the conveyance is for annexation purposes only and that the parcel is not a separate building lot.
(2) 
The parcel to be annexed shall be joined in a common deed with the parcel that it is being annexed to.
D. 
Disqualification. The Board of Supervisors may require preliminary plan submission in compliance with § 425-304 herein in place of a minor subdivision plan submission when conditions warrant it, at the advice of the Township Planning Commission or Engineer, for reasons that may include the following:
(1) 
If the existing lot was part of an approved subdivision proposal during the five years previous to the current application.
(2) 
If the subdivision will require new road construction, road improvements, or the extension of existing utility lines.
(3) 
If the proposal will involve significant stormwater and/or erosion control issues, as determined by the Township Engineer.
(4) 
If the set of plans requires more than three sheets (drawings).