An ordinance establishing rules, regulations and standards governing
the subdivision and development of land within the Township of Conemaugh,
Cambria County, Pennsylvania, pursuant to the authority set forth in Article
V of the Pennsylvania Municipalities Planning Code, and setting forth procedures
to be followed by the Conemaugh Township Planning Committee and the Conemaugh
Township Supervisors in administering and amending these rules, regulations,
and standards and prescribing penalties for the violation thereof.
This Ordinance shall be known, and may be cited as, the Conemaugh Township,
Cambria County Subdivision and Land Development Ordinance of 1995.
These regulations are adopted to protect, promote and create conditions favorable to the health, safety, morals, and general welfare of the citizens of Conemaugh Township by:
A. Encourage and promote flexibility, economy and ingenuity in the layout and design of subdivisions and land development including the provisions authorizing the Conemaugh Township Planning Commission to alter site requirements and for encouraging other practices which are in accordance with modern and evolving principles of site planning and development;
B. Assuring sites suitable for building purposes, and human, plant and animal habitat;
C. Providing for the harmonious development of Conemaugh Township as outlined in the Conemaugh Township Zoning Ordinance and Statement of Community Development Objectives;
D. Assuring coordination of existing streets and highways with proposed streets parks, or other provisions of the official plan or zoning or other ordinances of Conemaugh Township;
E. To provide for adequate open spaces for traffic, recreation, light, air and agricultural activities and for proper distribution of population;
F. Assuring equitable and just processing of subdivision plans by providing uniform procedures and standards for the observance of both the subdivider and Conemaugh Township officials;
G. To plan and manage storm water runoff in each watershed by regulating subdivisions, land development, and mobile home parks in a manner consistent with the Pennsylvania Storm Water Management Act, No. 167, the Cambria County Storm Water Management Plan and the Little Conemaugh River Watershed Storm Water Management Ordinance;
H. Utilize, preserve, and restore the desirable, existing, natural drainage systems;
I. Encourage recharge of ground waters;
J. Maintaining the existing flows and enhance the quality of streams and watercourses in the Municipality and the Commonwealth;
K. Preserve and restore the flood carrying capacity of streams and adjacent riparian zones;
L. Provide for proper maintenance of all temporary and permanent storm water management structures which are constructed in the Township;
M. Preserving, restoring, and enhancing wildlife habitat and wetlands;
N. Orderly, efficient and economical transfer of service, responsibilities for the developers to the municipality; and
O. Facilitating the development and maintenance of municipal infrastructures
such as public water, sewage, gas, electric, communications and others.
Land Development Exceptions (Not regulated by this Ordinance)
1. The conversion of an existing single family detached or single family
semi-detached dwelling into not more than three residential units, unless
such conversion includes provisions for common space or would reduce the
minimum lot area, minimum dwelling space, or lot coverage requirements
below that permitted in the zoning ordinance or unless units are intended
to be a condominium;
2. The addition of an accessory building including farm buildings, on a lot or lots subordinate to an existing principal building; unless the total impervious surface on the lot exceeds 10,000 square feet.
3. Agricultural, gardening, landscaping, water quality and wildlife habitat improvement activities.
4. Non building lots evidenced by a recorded document in a form approved
by the Township Solicitor for enforceability by the Township.
SECTION 201 TENSE, GENDER AND NUMBER
Words in the singular include the plural and those in the plural include the singular; words in the present tense include the future tense; words used in the masculine gender include the feminine and neuter.
The words "person", "subdivider" and "owner" include a corporation,
unincorporated association and a partnership, or other legal entity, as
well as an individual. The word "building" includes structures and shall
be construed as if followed by the phrase "or part thereof." The word watercourse
includes channel, creek, ditch, drain, dry run, spring and stream. The
words "should" and "may" are permissive; the words "shall" and "will" are
mandatory and directive.
SECTION 203 TERMS OR WORDS NOT DEFINED
Where terms or words are not defined herein, they shall have the meaning;
first, as set forth in the Municipalities Planning Code; and second as
ascribed to them in the Conemaugh Township Zoning Ordinance; or third,
as their ordinarily accepted meanings or such as the context may imply.
Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:
Accelerated Erosion: The removal of the surface of the land (soil, rock, vegetation) through the combined action of man's activities and natural processes at a rate greater than would occur because of the natural processes alone.
Alley: A public street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street and is accepted as such by the subdivision plan approved by the Township.
Block: A tract of land, a lot, or groups of lots, bounded by streets, public parks, railroad right-of-way, water courses, boundary lines of the Township, un-subdivided land or by any combination of the above.
Building: A structure having a roof supported by columns or walls, for the shelter of persons, animals, chattels, or property. When separated by walls which are common with the walls of adjoining dwellings, each portion of such structure
shall be considered a separate building. It shall include any overhang, projection or roof extending beyond a wall or support, sun parlors and covered porches whether enclosed or unenclosed, but does not include walks, steps, or terraces.
Building Reserve Line: The line within a property defining the minimum required distance between any building to be erected and an adjacent right-of-way. Such line shall be measured at right angles from the front street right-of-way line which abuts the property upon which said building is located and shall be parallel to said right-of-way line.
Cistern: An underground reservoir or tank for storing rainwater.
Clear Sight Triangle: An area of unobstructed vision at the street intersection defined by lines of sight between points at a given distance from the intersection of street center lines.
County: Cambria County, Commonwealth of Pennsylvania.
County Planning Commission: The Cambria County Planning Commission.
Crosswalk (Interior Walk): A publicly or privately owned right-of-way for pedestrian use extending from a sidewalk into a street.
Culvert: A pipe, conduit or similar enclosed structure with appurtenant works which carries surface or storm water under or through an embankment, or fill, roadway, or pedestrian walk, or other structure.
Dedication: The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
Design Storm: The magnitude of precipitation from a storm event measured in probability of occurrence (e.g., 50-yr. storm) and duration (e.g., 24-hour), and used in computing storm water management control systems.
Detention Basin: A basin designed to retard storm water runoff by temporarily storing the runoff and releasing it at a predetermined rate not greater than that prior to the development of the property. A detention basin can be designed to drain completely after a storm event, or it can be designed to contain a permanent pool of water.
Driveway: A private or common right-of-way used by vehicles and pedestrians for an individual or multiple land, lot, or facility.
Dwelling Unit: Any structure, or part thereof, designed to be occupied as living quarters for a single housekeeping unit.
Easement: A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the grantor shall not erect any permanent structure, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
Engineer: A licensed professional engineer registered in the Commonwealth of Pennsylvania.
Erosion: The removal of earth materials by the action of water, wind, ice, or other geological agents.
Ground water recharge: Replenishment of existing natural aquifers and underground water supplies.
Ground water recharge areas: Land areas which provide natural groundwater recharge to underlying aquifers.
Holding Tank: A Pennsylvania Department of Environmental Protection and Township approved structure for the temporary storage of sewage for off-site disposal requiring regular clean out.
Impervious Surface: A surface which prevents the infiltration of water into the ground.
Infiltration Structures: A structure designed to direct runoff into the ground, e.g. french drains, seepage pits, seepage trench, to reduce or prevent surface runoff from an area of land or structure.
Land Development: The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving (a) a group of two or more buildings, whether proposed initially or cumulatively or a single, non-residential building on a lot or lots regardless of the number of occupants or tenure, or (b) the division or allocation of land or space, whether proposed initially or cumulatively between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, storm water control facilities, leaseholds, condominiums, building groups or other features; a subdivision of land.
Lot: A designated parcel, tract, plot size or area of land established by a plat or otherwise as permitted by law and to be used, developed, or build upon as a unit.
Lot Area: The size of a lot measured within the lot lines and expressed in acres or square feet.
Marker: A solid metal pin of at least three quarters (") inch in diameter and at least twenty-four (24") inches in length.
Mobile Home: A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
Mobile Home Lot: A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
Mobile Home Park: A parcel or contiguous parcel of land under single ownership which has been so designated and improved for the placement of mobile homes consisting of two or more mobile home lots.
Monument: A stone or concrete monument with a flat top at least four (4") inches in diameter or square and at least twenty-four (24") inches in length. Stone monuments shall contain an indented cross or one-fourth (") inch drill hole. Concrete monuments shall contain a copper or brass dowel (plug).
Township: Conemaugh Township, Cambria County, Pennsylvania acting through its officials.
Municipal Officials: Any of the elected or appointed officials of Conemaugh Township or their designees.
Non building lot: A subdivision of land transferred solely for the purpose of re-establishing boundaries of adjoining lots or setting rights-of-way for utilities, authorities, or other public or private non-building uses approved by the Planning Commission and Township Board of Supervisors
Official Plans: The Community Development Objectives and/or Official Map and/or Topographical Survey and/or such other Plans, or portions thereof, as may have been adopted by the Township Supervisors pursuant to statute, for the area of the Township in which the subdivision is located.
Paved or Pavement: An all weather permanent surface composed of bituminous or concrete material at least four inches in thickness, applied over a base of stone or slag at least 6 inches in thickness, and used to convey motor vehicles. Or as modified by subsequent Ordinances of the Township adopting specific standards. The term paving shall include all necessary drainage, curbing and signage.
Peak Discharge: The maximum rate of flow of water at a given point and time resulting from a storm event.
Planning Commission or Township Planning Commission: The Planning Commission or Commission of Conemaugh Township, Cambria County, Pennsylvania.
Plat: The map or plan of a subdivision or land development, whether preliminary or final. The Plat includes the work Plan.
Public Grounds: Includes:
(a) parks, playgrounds, trails, paths, and other recreational areas and other public areas;
(b) sites for schools, sewage treatment, water treatment, refuse disposal and other publicly owned or operated facilities; and
(c) publicly owned or operated scenic and historic sites.
Re-subdivision: Any re-platting or Re-subdivision of land, limited to changes in lot lines on the approved Final Plan or Recorded Plan as specified in Article III, Section 311, of these regulations. Other plats shall be considered as constituting a new subdivision of land. See "Subdivision".
Record Plan: The copy of the Final Plan which contains the original endorsements of the Township Planning Commission, Township Supervisors, and which is required to be recorded with the County Recorder of Deeds.
Reverse Frontage Lot: A lot extending between and having frontage on two (2) generally parallel streets, (excluding service streets) with vehicular access solely from one street.
Review: Whenever the County Planning Commission possesses such review jurisdiction, the action of review shall not limit the appropriate authorities of the Township Supervisors in their ultimate and final decisions.
Right-of-way: The total width of any land reserved or dedicated as a
street, alley, crosswalk, or for other public or semi-public purposes.
Roadway: See "Street".
Runoff: That part of precipitation which flows over the land.
Sanitary Sewage Disposal, On-Site: Any structure designed to biochemically treat sanitary sewage within the boundaries of an individual lot.
Sanitary Sewage Disposal, Community: A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
Sanitary Sewage Disposal, Public: A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.
Sediment: Soils or other surficial materials transported by surface water as a product of erosion.
Semi-pervious Surface: A surface, altered by human activity which restricts the infiltration of water into the ground so that the infiltration rate is less than that of the original (unaltered) ground surface.
Septic Tank: A covered watertight settling tank in which raw sewage is biochemically changed into solid, liquid, and gaseous states to facilitate further treatment and final disposal.
Shoulder: The graded part of the right of way that lies between the edge of the main pavement (main traveled way) and the curb-line.
Sidewalk: A semi-pervious or paved path provided for pedestrian use and usually located at the side of a road within the right of way.
Sight Distance: The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made from a point four and one-half (4') feet above the centerline of the road surface to a point one half (') feet above the centerline of road surface.
Soil Percolation Test: A field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth, for a period of time.
Solicitor: The solicitor appointed by the Conemaugh Township Supervisors or his duly authorized representative.
Storm Water Management Plan: The plan for managing storm water runoff within Cambria County as required by the Act of October 4, 1978, P.L. 864, (Act 167), and known as the "Storm Water Management Act" adopted December 6, 1993 by Conemaugh Township Storm Water Management Plan, cont. known as Little Conemaugh River Watershed Storm water Management Ordinance, Conemaugh Township, Cambria County, Pennsylvania (Ordinance #128).
Storm Water Runoff: That part of precipitation which flows over the land excluding that portion which infiltrates or evapotranspires.
Street: A strip of land, including the entire right-of-way, intended for use by the general public as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes street, avenue, boulevard, road, highway, freeway, thoroughfare, parkway, lane, alley, viaduct, and other terms that are used to describe the movement of vehicular or pedestrian traffic, whether public or private in nature. Streets are further defined as follows:
(1) Minor or Residential Street: A street used primarily to provide access to abutting properties and be arranged to discourage through traffic.
(2) Cul-de-sac Street: A minor street intersecting another street at one end and terminating at the other end by a permanent vehicular turn-around.
(3) Marginal Access Street: A minor street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and controls intersections with the major street.
(4) Collector Street: A street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route and gives access to community facilities and/or other collector and major streets. (Streets in industrial and commercial subdivisions shall generally be considered collector streets.)
(5) Major Street (Minor Arterial): A street serving a large volume of comparatively high speed and long distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
(6) Service Street or Alley : A minor right-of-way providing secondary vehicular access to the site or rear of two (2) or more properties.
(7) Industrial Service Street: A street or road other than the public access to an industrial building, maintained by the township for public access.
All streets, of any nature, shall be constructed according to the design standards, as included in Article V, Section 502 of this Ordinance, and approved in writing by the Township Supervisors and the Township Engineer.
Street Furniture: Man-made, above ground items that are usually found in street rights-of way, including benches, kiosks, plants, canopies, and phone booths.
Structure: Any materials or combination of materials, which are constructed or erected, the use of which requires location on or in the ground, or attached to something located on or in the ground.
Subdivider: Any individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit (or agent authorized thereby) which undertakes the subdivision of land, as defined by these regulations as the owner, equitable owner (or agent authorized thereby) of the land being subdivided.
Subdivision:
(1) "Subdivision" is hereby defined as the division of a single lot, tract or parcel of land or a part thereof into two (2) or more lots, tracts or parcels of land, either by lots or metes and bounds, including changes in street lines or lot lines for the purpose, immediate or future, of conveyance, transfer of ownership, improvement for sale.
(2) A subdivision as defined above includes division of a parcel of land having frontage on an existing street into two (2) or more parcels having frontage on the existing street.
(3) For the purpose of these regulations, division of land for agricultural use in parcels of more than ten (10) acres and not involving any new street or easement of access shall not be deemed a subdivision, provided the owner records with the deed language in a form approved by the Township Solicitor as enforceable by the Township, a restriction upon the ground dedicating the property for agricultural uses in perpetuity.
(4) The term subdivision shall also include any development of a parcel of land (including industrial parks, mobile home parks, shopping centers, or a multiple dwelling project) which fronts on existing streets or involves installation of new streets and/or service streets, even though the streets and/or service streets might not be dedicated to public use and the parcel 'night not be divided immediately for purposes of conveyance, transfer, or sale, or even though the owner does not transfer legal or equitable title.
(5) The term subdivision includes Re-subdivision.
(6) The term subdivision shall refer, as appropriate in these regulations, to the process of subdividing land or to the land proposed to be subdivided.
Substantially Completed: Where, in the judgement of the municipal engineer, at least ninety (90%) percent (based on the cost of the required improvements for which financial security was posted) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied, or operated for its intended use.
Surveyor: A licensed surveyor registered by the Commonwealth of Pennsylvania.
Swale: A low lying stretch of land which gathers or carries surface water runoff.
Water Distribution System, On-site: A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.
Water Distribution System, Community: A system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood.
Wildlife Habitat: An area designated and used in a manner that increases the properties value for habitat for fish, fowl or animals, and portions of property is not used for any other purpose.
Zoning Officer: The agent or official designated by the Township to
administrate and enforce the Municipal Zoning Ordinance.
ARTICLE III. SUBMISSION AND REVIEW PROCEDURES
A. Hereafter all plans for the subdivision or development of land within the limits of Conemaugh Township shall be reviewed by the Conemaugh Township Planning Commission and other Township, State or County officials as deemed necessary and shall be approved or disapproved by the Township Supervisors in accordance with procedures specified in these regulations. The provisions and requirements of these regulations shall apply to and control all land subdivisions which have not been recorded in the Office of the Recorder of Deeds in and for Cambria County, Commonwealth of Pennsylvania, prior to the effective date of these regulations. Provided, however, that any change in a recorded plan, except as noted in Article III, Section 311, shall constitute a Re-subdivision and shall make said plan subject to any and all of these regulations. Any approval not processed as required hereafter, shall be null and void unless it was made prior to the adoption of this Ordinance.
B. All applications under this ordinance shall be on forms adopted with this ordinance, or as may be changed from time to time by resolution of the township supervisors.
C. All drawings and documents submitted with an Engineer's, Surveyor's or Geologist's seal, shall also be submitted on a 3.5" disk in DXF or WPF format as appropriate.
D. All maps submitted by a developer under this ordinance shall contain, at a minimum:
(1) north arrow,
(2) scale,
(3) source of base mapping,
(4) title,
(5) legend for map details,
(6) prepared by whom, and
(7) revision date.
E. If a developer proposes a large-scale development (10 acres or more)
he may desire to construct said development in steps or phases. As the
Pennsylvania Municipal Planning Code (Act 247) allows for such phased developments,
the Township of Conemaugh shall grant tentative approval for the entire
project, or for that portion of the project that can be completed within
five (5) years of initial plan submission. The developer shall then submit
an application for final plan approval in phases, as delineated by the
preliminary plan. As so submitted, site improvements would also be constructed
in phases and not all at once. As each phase in completed, the developer
shall submit an application for final approval of the next phase of development.
This process shall continue until all phases of the project (development)
are complete. If, however, no substantial (twenty (20%) percent of the
total) development takes place within five (5) years from date of plan
approval, the developer shall comply with any change in local ordinances
that have been enacted since this preliminary plan was approved. Applicants
are urged to consult the Cambria County Conservation District for assistance
in determining the most effective storm water management measures to be
utilized on the development site both during and after construction. The
applicant is required to submit a Storm Water Management Plan as required
by the Storm Water Management Ordinance.
SECTION 302 SUBMISSION OF SKETCH PLAN
(Section 401 contains requirements of Sketch Plan)
A. Plan to be Filed with Township Supervisors:
Eight (8) copies of the Sketch Plan and application forms for all proposed subdivisions and all required supporting data shall be submitted to the Conemaugh Township Secretary by the subdivider or his representative authorized in writing to submit the plan.
B. Number of Copies:
Eight (8) legible black-line or blue-line paper prints of the Sketch Plan shall be required. Plans shall fully comply with requirements of Article IV, Section 401 of these regulations.
C. Distribution of Sketch Plan:
The Conemaugh Township Secretary (or his representative) shall within seven (7) days refer the Sketch Plans to the following:
(1) One (1) copy to the County Planning Commission.
(2) Two (2) copies to the Conemaugh Township Planning Commission.
(3) Two (2) copies to the Conemaugh Township Supervisors.
(4) One (1) copy to the Conemaugh Township Engineer.
(5) One (1) copy to the Conemaugh Township Zoning Officer.
(6) One (1) copy to the permanent file.
SECTION 303 REVIEW OF SKETCH PLAN
A. A Sketch Plan shall be considered as a submission for informal discussion between the subdivider and the Conemaugh Township Supervisors. Submission of the Sketch Plan shall not constitute official submission of a plan to the Conemaugh Township Supervisors.
B. Review by the Conemaugh Township Planning Commission:
(1) Whenever a Sketch Plan has been submitted to the Municipal Secretary, the Secretary shall notify and distribute all Sketch Plan materials to the Conemaugh Township Planning Commission as required by Section 302 above. The Chairman of the Conemaugh Township Planning Commission shall then schedule a meeting to review the Sketch Plan within thirty (30) days of its receipt by the Township Planning Commission.
(2) No official action shall be taken by the Township Planning Commission with respect to a Sketch Plan until the Township Planning Commission has received the written report of the County Planning Commission, provided, however, that if the County Planning Commission shall fail to report thereon within thirty (30) days from the date the Sketch Plan was forwarded, then the Township Planning Commission may officially act without having received and considered such report.
(3) Within ten (10) calendar days after the meeting at which the Sketch Plan is approved or disapproved by the Township Planning Commission, the Township Planning Commission's Secretary shall send written notice of the Township Planning Commission's action, including changes or modifications, if any, required or recommended, that it deems necessary or advisable, to the following:
(a) The Conemaugh Township Supervisors.
(b) The County Planning Commission.
(c) The subdivider or his agent.
In addition the Conemaugh Township Planning Commission shall forward
to the Conemaugh Township Supervisors all copies of reports received from
the County Planning Commission.
SECTION 304 OFFICIAL SUBMISSION OF PRELIMINARY PLAN
(Section 402 provides requirements for Preliminary Plan)
A. Plan to be Filed with the Conemaugh Township Supervisors:
Eight (8) copies of the Preliminary Plan and all required supporting data (Department of Environmental Resources, PennDOT, and Cambria County Conservation District, Storm Water Management Plan) shall be officially submitted to the Conemaugh Township Secretary by the subdivider or his representative authorized in writing to submit the plan.
B. Official Submission of Preliminary Plan Shall Comprise:
(1) Eight (8) completed copies of the Preliminary Plan and Application form.
(2) Eight (8) legible black-line or blue-line paper prints of the Preliminary Plan which shall fully comply with the requirements of Article IV, Section 402 of these regulations. Ten (10) copies are required if State road abuts or traverses subdivision.
(3) Eight (8) completed copies of the DEP Subdivision Sewage Disposal Report whenever soil percolation tests are required or four (4) copies of any state required plans for sewage disposal and treatment.
(4) Eight (8) copies of all other required information. (DEP, Cambria County Conservation District, PennDOT).
C. Filing Fee:
The Conemaugh Township Secretary (or his representative) shall collect a filing fee as established by the Conemaugh Township Supervisors from time to time by resolution for all subdivisions. Fees shall be charged in order to cover the costs of examining plans and other expenses incidental to the approval of subdivisions. The subdivider shall pay the estimated fee at the time of application for approval of a preliminary plan.
D. Distribution of Preliminary Plan:
The Conemaugh Township Secretary (or his representative) shall within three (3) business days refer the Preliminary Plan, after all required fees have been collected, to the following:
(1) Two (2) copies to the Conemaugh Township Planning Commission, including one (1) copy of the application form and other required reports.
(2) One (1) copy of the plan to the County Planning Commission and one (1) copy of all required supporting documents.
(3) Two (2) copies to the Conemaugh Township Supervisors including one (1) copy of the application form and other required reports.
(4) One (1) copy to the Conemaugh Township Engineer.
(5) One (1) copy to the Conemaugh Township Zoning Officer.
(6) One (1) copy for permanent file.
E. The subdivision plan deed cannot be recorded at the Recorder of Deeds
Office until after final plan approval.
SECTION 305 REVIEW OF PRELIMINARY PLAN
A. Review by the Conemaugh Township Engineer:
The Township Engineer shall review the Preliminary Plan to determine
its conformance to the Conemaugh Township Subdivision Regulations. The
Township Engineer may recommend changes, alterations or modifications,
as he may deem necessary. The report of the Township Engineer shall be
in writing and shall be submitted to the Conemaugh Township Planning Commission
prior to the regularly scheduled or special meeting at which the Preliminary
Plan is to be considered by the Conemaugh Township Planning Commission.
The report shall include an estimate of the cost of construction of all
improvements as required by this Ordinance.
B. Review by the Conemaugh Township Zoning Officer:
The Conemaugh Township Zoning Officer shall review the Preliminary Plan to determine its conformance to the Conemaugh Township Zoning Ordinance. The Zoning Officer shall check all zoning data as required to be shown under Article IV, Section 402, to determine if information shown is in accordance with latest amendments to the Zoning Ordinance. The report from the Conemaugh Township Zoning Officer as to the accuracy of the information shown shall be submitted to the Conemaugh Township Planning Commission to the regularly scheduled or special meeting at which the Preliminary Plan is to be considered by the Planning Commission.
C. Review by the Pennsylvania Department of Transportation:
If a proposed subdivision abuts or is traversed by a State road, the Conemaugh Township Secretary shall require two (2) additional copies of the Preliminary Plan and shall transmit these to the district office of the Pennsylvania Department of Transportation for its review and comments.
D. Review by the Conemaugh Township Planning Commission:
(1) Whenever a Preliminary Plan has been submitted to the Township Secretary, the Secretary shall notify and distribute all Preliminary Plan materials to the Conemaugh Township Planning Commission required by Section 302 above. The Chairman of the Conemaugh Township Planning Commission shall then schedule a meeting to review the Preliminary Plan within forty-five (45) days of its receipt by the Township Planning Commission.
(2) No official action shall be taken by the Township Planning Commission with respect to a Preliminary Plan until the Commission has received the written report of the County Planning Commission and the Pennsylvania Department of Transportation, provided, however, that if these reports are not received within forty-five (45) days after transmittal to these agencies then the Township Planning Commission may officially act without having received and considered such report. In any event, the Township Planning Commission shall take official action no later than five (5) days after the expiration of the aforesaid forty-five (45) day period.
(3) During review of the Preliminary Plan, the Township Planning Commission shall consider the written reports of the Township Engineer and the Conemaugh Township Zoning Officer, if any, before making its final decision.
(4) If review by the Township Planning Commission is favorable, or unfavorable because the requirements of this Ordinance have not been met, or the Township Planning Commission deems changes or modifications of the plan submitted are advisable or necessary, such decision and the reasons therefore shall be given in written form (post marked or hand delivered) by the Secretary of the Township Planning Commission within seven (7) days after the meeting at which the Preliminary Plan is reviewed to the following:
(a) The Conemaugh Township Supervisors.
(b) The County Planning Commission.
(c) The subdivider or his agent.
In addition, the Township Planning Commission shall forward to the Conemaugh Township Supervisors copies of all reports received from County Planning Commission, Department of Transportation, Conemaugh Township Zoning Officer and Township Engineer.
E. Review by the Conemaugh Township Supervisors:
(1) When a Preliminary Plan has been officially referred to the Conemaugh Township Supervisors by the Township Planning Commission together with its recommendation, such Plan shall be reviewed at the next regularly scheduled meeting of the Conemaugh Township Supervisors, or at the discretion of the Conemaugh Township Supervisors at a special meeting, which may be held prior thereto.
(2) In any event, Conemaugh Township Supervisors shall render their decision and communicate it to the applicant no later than ninety (90) days after such application is filed. Failure of the Township Supervisors to render a decision and communicate it to the applicant within the time and in the manner required shall be deemed an approval unless the applicant has agreed, in writing, to an extension of time.
(3) The Township Supervisors shall review the Preliminary Plan and the written reports and recommendations thereon of the Township Planning Commission, the County Planning Commission, (if same has been received), the Township Engineer, and by any other officials and official boards of the Township, to determine the Preliminary Plan conformance to the standards contained in these regulations. Prior to these reports and recommendations, the Township Supervisors may hold a public hearing thereon after public notice to receive comments from the general public. After all desired input is received, Conemaugh Township Supervisors may require or recommend such changes and modifications as they shall deem necessary or advisable in the public interest.
Before acting on a final plan, the municipality shall arrange for a public information meeting where the developer shall present the preliminary plans for the public to review and comment on or hold a public hearing.
(4) The action of the Township Supervisors, either approving or disapproving the Preliminary Plan, shall be noted with the date of such action and the signature of the Chairman on two (2) sets of plans. The findings and reasons upon which the action is based and citing provisions of the statute or ordinance relied upon shall be stated in the minutes and in writing. Subject to the requirements of subparagraph (2), within fifteen (15) days after the meeting at which the Preliminary Plan is reviewed, the Secretary of the Township shall send written notice of the findings, action taken, and reasons thereof to the following:
(a) The County Planning Commission.
(b) The subdivider or his agent.
SECTION 306 SUBMISSION OF FINAL PLAN
The Township may permit submission of the Final Plan in sections, or phases each covering a reasonable portion of the entire proposed subdivision as shown on the reviewed Preliminary Plan.
A. Plans to be Filed with the Conemaugh Township Supervisors:
Copies of the Final Plan and all required supporting data shall be officially submitted to the Township Secretary by the subdivider or his representative authorized in writing to submit the plan.
B. Official Submission of Final Plan Shall Comprise:
(1) Eight (8) completed copies of the Application for Review of Final Subdivision Plan.
(2) Eight (8) legible black-line or blue-line paper prints and one (1) print on linen cloth or mylar, for 5 lots or greater prints shall be submitted with one copy on magnetic media in DXF format, all supporting documents shall be submitted on one copy of magnetic media, of the Final Plan which shall fully comply with Article IV, Section 403 of these regulations.
(3) Eight (8) copies of all other required information including the following, if applicable:
(a) All offers of dedication and covenants governing the reservation and maintenance of undedicated open space which shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.
(b) Such private deed restrictions, including building reserve lines, as may be imposed upon the property as a condition of sale together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided.
(c) Whenever a subdivider proposes to establish a street which is not offered for dedication to public use, the Township Planning Commission or Township Supervisors may require the subdivider to submit, and also to record with the Township Supervisors on behalf of his heirs, successors and assigns and approved by the Township Solicitor and which shall establish the conditions under which the street may later be offered for dedication, and shall stipulate, among other things, the following:
(1) The street shall conform to Township specifications or that the owners of the abutting lots shall include with the offer or dedication sufficient money, as estimated by the Township Engineer, to restore the street to conformance with the Township specifications.
(2) An offer to dedicate the street shall be made only for the street as a whole.
(3) The method of assessing repair costs be stipulated.
(4) Agreement by the owners of fifty-one (51%) percent of the front footage thereon shall be binding on the owners of the remaining lots.
(d) Wherever approval by the Pennsylvania Department of Environmental Protection or the Cambria County Soil and Water Conservation District is required for the water supply of sanitary sewage disposal system(s) or erosion and sedimentation control for a proposed subdivision, the Township Planning Commission shall require that two (2) copies of such certification of approval be submitted with the Final Plan.
C. Filing Fees:
The subdivider shall pay any additional fees including review fees actually charged by the Township Engineer according to a schedule approved by the Supervisors from time to time by resolution, if required. There shall be no refund or credit of any portion of the fee should the subdivider fail to apply for final approval within the required period of time or if the Final Plan covers only a section of the subdivision for which Preliminary Approval has been obtained.
D. Distribution of Final Plan:
The Final Plan shall be distributed in accordance with the requirements
of Article III, Section 304 for Preliminary Plan. In addition, the Secretary
shall forward the linen or mylar print of the Final Plan to the Township
Planning Commission.
SECTION 307 REVIEW OF FINAL PLAN
(Section 403 provides requirements for Final Plan)
A. Review by the Township Engineer:
The Final Plan shall be reviewed and a written report submitted as required under Article III, Section 305 for Preliminary Plans.
B. Review by the Township Zoning Officer:
The Final Plan shall be reviewed and a written report submitted by the Township Zoning Officer as required under Article III, Section 305 for Preliminary Plans.
C. Review by the Township Planning Commission:
The Final Plan shall be reviewed, in accordance with the procedure required under Article III, Section 305 of these regulations for Preliminary Plans. In addition:
(1) If all the requirements of this Ordinance are met and the review is favorable, the Planning Commission shall authorize its Chairman, with the Secretary so attesting, to endorse the Final Plan "Reviewed and Approved" by the Conemaugh Township Planning Commission, together with the date of such action.
(2) The Final Plan with Conemaugh Township Planning Commission's endorsement, shall be forwarded to the Township Supervisors.
D. Review by the Conemaugh Township Supervisors:
The Final Plan shall be reviewed in accordance with the procedures as required under Article III, Section 305 of these regulations for Preliminary Plan. In addition:
(1) Before acting on a Final Plan, the Township Supervisors shall arrange for a public hearing. The public hearing may be held by the Township Supervisors after the Final Plan has been submitted to the Township Supervisors and before the review required by Section 307 A, B and C. If a public hearing has been held upon a Preliminary Plan, no public hearing is required unless the Final Plan departs substantially from the Preliminary Plan.
(2) If the Township Supervisors approve the Final Plan, the Final Plan shall be signed by the Chairman and the Secretary, together with the date of action.
(3) A performance guarantee or a certificate of satisfactory installation, as required under Article III, Section 309, shall be required before the Final Plan is released for recording.
(4) The Final Plan with the Township Supervisors approval and the Township
seal, shall be forwarded to the subdivider for recording.
SECTION 308 RECORDING OF FINAL PLAN
A. After approval by the Township Supervisors and the Township Planning Commission, and with all endorsements indicated on the Final Plan, the subdivider shall record his plan. No subdivision plan shall be legally recorded unless it bears the Township Supervisors approval and seal. This action shall constitute the changing of the Final Plan to the Record Plan.
B. After the Final Plan has been approved by the appropriate Township authorities the Township Supervisors shall require that the developer shall supply one (1) reproducible copy of the Final Plan, as approved, for their permanent files.
C. The Record Plan shall be a clear and legible mylar copy and on magnetic media.
D. The subdivider shall file the Record Plan with the Cambria County Recorder of Deeds within sixty (60) days of the date of final approval by the Township Supervisors. If the subdivider fails to record the Record Plan within such period, the action of the Township Supervisors and Township Planning Commission shall be null and void unless an extension of time is granted in writing by the Township Supervisors. Extension of time is granted by the Township at a regularly scheduled meeting prior to the expiration of the sixty (60) days after written request to do so by the subdivider.
E. Penalties. There shall be a penalty of five ($5.00) dollars per day
per lot in the subdivision for failure to record the deed within sixty
(60) days of final approval of the Township Supervisors or prior to final
approval.
SECTION 309 PERFORMANCE GUARANTEE
Prior to final approval of the Final Plan, the subdivider shall guarantee the installation of all required improvements by one of the following methods:
A. By installing the improvements required by Article VI of these Subdivision Regulations to the satisfaction of the Township Engineer and the Township Supervisors and obtaining a certificate from the Township Engineer that all improvements have been installed in accordance with the standards and requirements contained in these regulations or required by the Township Supervisors.
B. In lieu of completing all of the improvements required, the subdivider may post a performance guarantee in the amount of one hundred (100%) percent of the cost of all improvements required by this ordinance and as estimated by the Township Engineer for that portion of the subdivision which the subdivider has submitted to the Township Supervisors for Final Plan approval. The performance guarantee may be either a performance bond with corporate surety, or other security acceptable to the Township Supervisors. Performance guarantees shall be submitted, in a form and with a surety approved by the Township Solicitor for guaranteeing the construction and installation of all improvements within a stated period which shall not be longer than three (3) years from the date of final subdivision approval.
Upon written application signed by both the obligor and surety of a performance guarantee, in a form approved by the Township Solicitor, the Township Supervisors may at their discretion extend said period by not more than three (3) additional years.
The amount of the performance guarantee may be reduced by the Township Supervisors by resolution as and when portions of the required improvements have been installed. In the event of default, the obligor and surety shall be liable thereon to the Township Supervisors for the cost of the improvements or parts thereof not installed. Upon receipt of the proceeds thereof, the Township shall install the improvements. If cost of the improvements exceeds the amount of the performance guarantee, then the subdivider shall be liable for the amount in excess which the Township has actually expended for such improvements. In case the amount of the performance guarantee exceeds the actual cost of improvements made, the Township shall return the unused sum to the surety or the person who has paid or deposited the performance guarantee.
Performance guarantees shall not be released except by written permission
from the Township Supervisors. The terms and provisions of Section 509
of the Municipalities Planning Code are hereby incorporated by reference.
SECTION 310 RELEASE OF PERFORMANCE GUARANTEE
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Township Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements and Supervisors shall send a copy thereof to the Township Engineer. The Township Supervisors shall, within ten (10) days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Township Supervisors. The report shall be made and mailed within thirty (30) days after receipt by the Township Engineer of the aforesaid authorization from the Township Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and, if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such non-approval or rejection.
The Township Supervisors shall notify the developer in writing by certified or registered mail of their action.
If the Township Supervisors or the Township Engineer fail to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to his performance guarantee.
If any portion of the said improvements shall not be approved or shall
be rejected by the Township Supervisors, the developer shall proceed to
complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed. The terms of Section 510 of the
Municipalities Planning Code are incorporated herein by reference.
SECTION 311 RE-SUBDIVISION PROCEDURE
Any revision or Re-subdivision of land which includes changes to a recorded plan shall be considered a re-subdivision and shall comply with all subdivision regulations and procedures of this Ordinance, except that:
A. Lot lines may be changed from those shown on a recorded plan, unless that in making such changes comply with the following:
(1) No lot or tract of land shall be created except by combining existing lots, or sold that is smaller than the minimum dimensions required by the Conemaugh Township Zoning Ordinance.
(2) The revisions are reviewed an approved by the Township Planning Commission, Supervisors and Zoning Officer. Any of the parties above may request a review by the Township Engineer.
(3) Street locations and block sizes shall not be changed.
(4) No lot shall be created which does not abut an existing or a proposed street.
B. In every case wherein lot lines are changed as permitted by the above, the subdivider shall prepare a new Record Plan and shall submit the Record Plan to the Township Supervisors for the endorsements of the Township Planning Commission and Township Zoning Officer (the new Record Plan shall specifically identify the previous Record Plan superseded and shall also contain the record reference if the previous Record Plan has been recorded). The subdivider shall then record the new plan in accordance with Article III, Section 308, of this Ordinance.
C. Fees: The Conemaugh Township Secretary (or his representative) shall
collect a filing fee as established by the Conemaugh Township Supervisors
from time to time by resolution for all subdivisions. Fees shall be charged
in order to cover the costs of examining plans and other expenses incidental
to the approval of subdivisions. The subdivider shall pay the estimated
fee at the time of application for approval of a final plan.
SECTION 312 DEDICATION AND MAINTENANCE GUARANTEE
All streets, parks or other improvements shown on the subdivision plan, recorded or otherwise, shall be deemed to be private until such time as the same has been offered for dedication to the Township and accepted by resolution of the Township Supervisors.
Before acceptance of any street, park, or other improvements, the Township Supervisors shall require the subdivider to file a maintenance guarantee in an amount of not less than five (5%) percent of the Township Engineer's estimate of the cost of all improvements required by this Ordinance. Such maintenance guarantee shall be in a form and with a surety approved by the Township Solicitor, guaranteeing the physical and structural integrity of all improvements of physical and structural integrity for a period of two (2) years after completion of construction or installation of the improvements.
ARTICLE IV. PLAN REQUIREMENTS
SECTION 401 SKETCH PLAN
A. The Sketch Plan of a proposed subdivision shall be clearly and legibly drawn to a scale of one (1") inch equals fifty (50') feet, except that:
(1) If the average size of the proposed lots in the subdivision is five (5) acres or larger, the plan may be drawn to a scale of one (1") inch equals one hundred (100') feet.
(2) If the subdivision proposes lots with an average frontage of less than fifty (50') feet, the plan may be drawn to a scale of one (1") inch equals twenty (20') feet.
(3) If the subdivision contains more than two hundred (200) acres, the plan may be drawn to a scale of one (1") inch equals two hundred (200') feet if the average lot size exceeds five (5) acres.
B. Sketch Plan and all submitted prints thereof shall be made on sheets either:
(1) Eighteen (18") inches by twenty-four (24") inches, or
(2) Twenty-four (24") inches by thirty-six (36") inches, or
(3) Thirty (30") inches by forty-two (42") inches, or
(4) Thirty (30") inches by thirty-six (36") inches, or
(5) Thirty-six (36") inches by forty-two (42") inches.
C. If the Sketch Plan requires more than one sheet, a key diagram showing relative location of the several sections shall be drawn on each sheet.
D. The Sketch Plan shall contain at least the following information but not necessarily showing precise dimensions:
(1) Tract boundaries accurately labeled.
(2) Name of the municipality in which the subdivision is located, and general location map.
(3) North point, scale (written and graphic) and date.
(4) Name of proposed subdivision or other identifying
title.
(5) Significant topographical and physical features (streams and waterways, hills, wetlands, valleys, slopes, subsidence or mining features, previous excavations greater than three thousand (3,000') feet).
(6) Proposed general street and lot layout.
A. The Preliminary Plan shall include all information as re required for Sketch Plan under Article IV, Section 401, in these regulations and shall be drawn to the same scales and presented on the same sheet sizes as required for the Sketch Plan. In addition, the following information shall be shown:
(1) Date, including the month, day, and year that the Preliminary Plan was completed and the month, day, and year that the Preliminary Plan was revised, for each revision.
(2) Name of Proposed Development.
(3) Name of recorded owner and subdivider.
(4) Name and address of the person(s) responsible for the subdivision plan, and a contact person's name and address.
(5) Names of all owners of all abutting unplatted land and the names of all abutting subdivisions, if any, with the book and page number where recorded.
(6) A key map for the purpose of locating the property being subdivided drawn at a scale not less than one (1") inch equals one thousand (1,000') feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries, zoning districts, water courses, and any areas subject to flooding, and recorded subdivision plans existing a) within one thousand (1,000') feet of any part of the property for subdivisions of five (5) lots or less; or b) within twenty-five hundred (2,500') feet.
(7) Total tract boundaries of the property being subdivided showing bearings and distances and a statement of total acreage of the property.
(8) Include all of the following zoning data:
(a) Existing Township zoning regulations, including district designations, requirements for lot sizes and front yards, and any zoning district boundary lines traversing the proposed subdivision.
(b) Any changes in the existing zoning to be requested by the subdivider.
(c) Any Township regulations other than zoning governing lot size and/or front yard requirements.
(9) Contour lines at vertical intervals not more than one (1') foot for land with average natural slope of four (4%) percent or less, two (2') feet for land with an average natural slope four to twelve (4% to 12%) percent and at intervals of not more than four (4') feet for land with average natural slope exceeding twelve (12%) percent.
(10) Locations and elevation of the data to which contour elevations refer; where reasonable practicable, datum used shall be a known and established bench mark. It is suggested that USGS datum be used where possible.
(11) All existing sewer lines, water lines, fire hydrants, electric and telephone utility lines, culverts, bridges, railroads, quarries, surface and deep mines entries, water courses, floodplain areas, wetlands and other significant man-made or natural features within the proposed subdivision: a) five hundred (500') feet beyond the boundaries of the proposed subdivision for five (5) or fewer lots, or; b) one thousand (1,000') feet beyond the boundaries of proposed subdivision of six (6) or more lots.
(12) All existing buildings or other structures and the approximate location of forested areas greater than five (5) acres in size existing tree masses, rock out-crops, water courses within the proposed subdivision or other significant features.
(13) All existing streets on the Official Plan or Plans of the Township (including unpaved streets), including streets of record (recorded but not constructed), easements and rights-of-way, including names, right-of-way widths, street (pavement) widths and approximate grades within the subdivision or within: a) four hundred (400') feet of any part of the tract for subdivisions of five (5) or fewer lots, and; b) one thousand (1,000') feet for subdivisions of six (6) or more lots.
(14) The full plan of proposed development, including:
(a) Location and width of all streets, easements, and rights-of-way, with a statement of any conditions governing their use.
(b) Suggested street names and utility easement locations (and proof of acceptance by Emergency Management Agency of Cambria County).
(c) Building reserve (setback) lines along each street.
(d) Lot lines with dimensions in feet and tenths of a foot.
(e) Lot numbers and statement of number of lots and parcels.
(f) A statement of the intended use of all non-residential lots and parcels.
(g) Sanitary and/or storm sewers (and other drainage facilities) with the size and material of each indicated, and any proposed connections with existing facilities.
(h) Parks, playgrounds, and other areas proposed to be dedicated or reserved for public use with any conditions governing such use.
(i) The following data shall be shown for the right-of-way and, if required, the ultimate right-of-way, for existing, recorded, (except those to be vacated) and proposed streets within or abutting the property to be subdivided: The length and width (in feet to the nearest tenth of a foot) of all straight lines and radii of curved lines. The length of all arcs (in feet, to the nearest tenths of a foot) and the central angle (in degrees, minutes and seconds).
(15) Any trees to remain in the street ROW shall be indicated.
(16) Location of all required soil percolation test holes, if required.
(17) The following storm water management information shall be included:
(a) Runoff calculations for the proposed project except where the watershed storm water management plan has determined no hydrologic effect will occur downstream.
(b) Demonstrate compliance with all provisions of the Cambria County Storm Water Management Plan and the Conemaugh Township Storm Water Management Ordinance.
(c) A description of proposed storm water control measures and devices.
(d) Maps and diagrams showing all features natural and planned.
(18) Fill and subsidence areas:
(a) Underground mining within one hundred (100') feet of the surface.
(b) Areas affected by surface mining operations within the past twenty (20) years.
(c) Areas where more than two (2') feet of fill material has been deposited within the past ten (10) years.
(d) USGS designated land slide areas.
B. The Preliminary Plan shall be accompanied by the following supplementary data as applicable:
(1) Typical street cross-section drawing(s) for all proposed streets. Cross-section drawings may be shown on either the Preliminary Plan or on separate profile sheets:
Tentative profiles along the street centerline or along the top of curb for both sides of each proposed street shall be shown. Such profiles shall show existing and proposed grades at one of the following sets of scales:
(a) One (1") inch equals ten (10') feet horizontal, and one (1") inch equals one (1') foot vertical.
(b) One (1") inch equals twenty (20') feet horizontal, and one (1") inch equals two (2') feet vertical.
(c) One (1") inch equals forty (40') feet horizontal, and one (1") inch equals four (4') feet vertical.
(d) One (1") inch equals fifty (50') feet horizontal, and one (1") inch equals five (5') feet vertical.
(2) In lieu of the separate profile sheets required, the tentative, finished street edge or top of curb grades for both sides of each street may be labeled on the Preliminary Plan.
(3) Where deemed necessary by the Township Planning Commission or the Township Supervisors, a plan for the surface drainage of the tract to be subdivided shall be shown. Such plan shall include storm water run-off calculations for the entire property being subdivided and shall show the proposed method, subject to Township approval, of accommodating the anticipated runoff.
(4) Preliminary designs of any bridges or culverts which may be required. Such designs shall meet all applicable requirements of the Department of Environmental Protection and/or the Pennsylvania Department of Transportation. Calculations for waterway openings accommodating the design 24 hour 100 year storm or run-off whichever is greater shall be included. All designs shall be subject to approval by the Township Supervisors.
(5) Where a Preliminary Plan shows the proposed subdivision of only
a part of the subdivider's total property, a sketch shall be required showing
the prospective street system or absence of streets, i.e. open, recreational
or natural areas in the remainder of the property so that the street system
in the submitted portion shall be considered in relation to future connections
with the unsubmitted portion. To prevent undue hard-ship in the case of
extremely large properties the Township Planning Commission may, based
on existing natural or man-made features, delimit the area for which a
prospective street system shall be sketched.
A. The Final Plan shall be of a size drawn to scale, and show all information as required for Preliminary Plans under Article IV, Section 402 in these regulations. In addition the Final Plan shall show the following:
(1) Name of the recorded owner (and subdivider) of the tract, and the source(s) of title to the land being subdivided, as shown by the County Recorder of Deeds.
(2) The total tract boundary lines of the area being subdivided with accurate distances to hundredths of a foot and bearings to one-quarter (1/4) of a minute. These boundaries shall be determined by accurate survey in the field, which shall be balanced and close with an error of closure not to exceed one (1') foot in ten thousand (10,000') feet; provided, however, that the boundary(s) adjoining additional unplatted land of the subdivider (for example, between separately submitted Final Plan sections) are not required to be based upon field survey, and may be calculated. The location and elevation of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the engineer or surveyor shall certify, using the form specified in the Appendix, to the accuracy of the survey, the drawn plan, and the placement of the monuments.
(3) The name (or number) and street width and lines of all existing public streets and the name and location of all other roads within the property.
(4) The following data shall be shown for the street right-of-way and, if required, the ultimate right-of-way, for existing, recorded, (except those to be vacated) and proposed streets within or abutting the property to be subdivided: The length and width (in feet to the nearest hundredth of a foot) of all straight lines and radii of curved lines. The length of all arcs (in feet, to the nearest hundredths of a foot) and the central angle (in degrees, minutes and seconds).
(5) All straight lot lines shall be dimensional (in feet, to the nearest hundredths of a foot) and all internal angles within lot lines shall be designated (in degrees, minutes and seconds). Curved lot lines shall show length of arc (in feet, to the nearest hundredths of a foot) and the central angle (in degrees, minutes and seconds).
(6) A statement of the intended use of all non-residential lots, with reference to restrictions of any type which exist or will exist as covenants in the deed for the lots contained in the subdivision and, including the book and page number of the covenant as recorded in the Recorder of Deeds office within 30 days of Final Plan approval.
(7) The proposed building reserve (setback) line for each lot, or the proposed placement of each building.
(8) The location (and elevation, if established) of all existing and proposed required street monuments and compliance with 911 street sign requirements.
(9) All easements of rights-of-way where provided for or owned by public services and any limitations on such easements or rights-of-way. Rights-of-way shall be shown and accurately identified on the plan, and easements shall either be shown or specifically described on the plan. Easements shall be located in cooperation with the appropriate public utilities. Easements shall be recorded at the Cambria County Recorder of Deeds and reference (book and page number) provided to the Township within 30 days of approval by the Township agencies.
(10) Locations, size and invert elevations of all sanitary and/or storm sewers and location of all manholes, inlets and culverts (this data may be submitted as a separate plan).
(11) If the subdivision proposes a new street intersection with a State Legislative Route, the intersection Occupancy Permit number(s) shall be indicated for all such intersections.
(12) A Certification of Ownership, Certification of Accuracy, Acknowledgment of Plan and Offer of Dedication, shall be lettered on the plan, using the form in the Appendix, shall be duly acknowledged and signed by the owner(s) of the property, and notarized.
(13) Blank spaces for signatures of the Plan by the Township Supervisors and by the Township Planning Commission.
(14) A blank space measuring three and one-half (3") inches square shall be left, preferable adjacent to the Township Supervisors certification, in which the endorsement stamp of the County Planning Commission may be applied, if needed.
(15) A blank space measuring three (3") inches square shall be left along the lower edge of the sheet, in order that the Recorder of Deeds may acknowledge receipt of the Plan when it is presented.
(16) The following storm water management information shall be included:
(a) All information pertaining to storm water management from the preliminary plan along with any changes.
(b) All required permits (or letters of intent to issue such permits pending final municipal approval) from the Department of Environmental Protection, Pennsylvania Department of Transportation, Public Utility Commission, or any other agency if appropriate.
(c) All deed restrictions, easements and rights-of-way.
(d) The ownership and maintenance responsibilities for storm water management control devices. The identity of the responsible individual corporation, association, or other specific entity and the specific maintenance responsibility must be detailed.
(e) Where the applicant is proposing the dedication of permanent storm water management control facilities to the municipality, such request must include:
1. Easements to all facilities; and
2. A financial guarantee (acceptable to the municipality) to insure that the control facilities are properly installed and functioning satisfactorily.
B. The Final Plan shall be accompanied by such applicable supplementary data as is required in Article IV, Section 402 in addition to profile sheets for all proposed streets within the tract. Such profiles shall show at least the following information, properly labeled:
(1) Existing (natural) profiles along both street edges or along the centerline of each street.
(2) Proposed finished grade of the centerline, and proposed finished grade at the top of both curbs, or proposed finished grade at both street pavement edges.
(3) The length of all vertical curves.
(4) Existing and proposed sanitary sewer mains and manholes, storm sewer mains, inlets, manholes, and culverts and existing or proposed water mains.
SECTION 404 Minor Subdivisions
A. Definition of Minor Subdivision - in the case of any proposed subdivision, land site, or other division of land, the Plan Requirements of this Ordinance may be waived and the proposal deemed to be a Minor Subdivision, provided that the following criteria are met:
(1) The proposal does not involve the extension of any public facilities including:
(a) new streets or shared access,
(b) paving or other improvements,
(c) new or improved water lines, sewer lines, or storm drainage lines, and
(d) New or improved public facilities or services.
(2) The proposal does not adversely affect the natural resources of the Municipality, or have the potential to adversely affect the health or safety of the Municipality.
(3) The proposal does not adversely affect the development of the remainder of the parcel.
(4) The proposal does not adversely affect adjoining property.
(5) The proposal does not adversely affect the present or future development of the Municipality.
If the subdivision or land development contains not more than five (5) lots, sites, or other divisions of land, and such subdivision or land development meets with all of the five (5) criteria as stated above, then the Municipal Officials shall have the authority, at their discretion, to classify such subdivision or land development as "Minor" provided that the Municipality has received documents, guarantee, or proof of improvements installation as they may require.
B. Plan Requirements for Minor Subdivision or Land Developments.
(1) Plans shall be clearly and legibly drawn on a print of the County Tax maps, showing all properties and names of property owners of abutting properties.
(2) Plans shall be accompanied by the most current USGS (7 minute) quadrangle covering the property.
(3) All information or accompanying documentation required by Article IV, Section 401 and Section 403 shall be submitted as part of the application, only if applicable, except that the filing fee shall be established by the Municipality, by Resolution.
(4) A survey prepared by a surveyor registered to practice in the Commonwealth of Pennsylvania.
C. Submission and Review Procedures for Minor Subdivision or Land Developments.
The submission and review procedures for all minor subdivision and land developments shall comply with the applicable requirements of Article III, Sections 306, 307, and 308 (submission of Final Plan, Review of Final Plan, ad Recording of Final Plan) except that Section 307 D(1) may be excluded (public hearing) at the discretion of the Municipality.
ARTICLE V. DESIGN STANDARDS
SECTION 501 APPLICATION AND GENERAL STANDARDS
A. The standards and requirements contained in Articles V and VI are intended as the minimum for the promotion of the public health, safety, and general welfare, and shall be applied as such by the Township Planning Commission and other Township officials in reviewing all subdivision plans.
B. Whenever other Township Ordinances and/or regulations impose more restrictive standards and requirements than those contained herein, such other ordinances and/or regulations shall be observed; otherwise, the standards and requirements of these regulations shall apply.
C. The standards and requirements of these regulations may be modified by the Township Supervisors in the case of complete communities, neighborhood units or other large scale developments which, in the judgment of the Township Supervisors, achieve substantially the objectives of these regulations and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the subdivision plan.
D. Land subject to hazards to life, health, or property, such as may arise from fire, floods, disease, or other causes, shall not be subdivided for building purposes unless such hazards have been eliminated or unless the subdivision plan shall show reasonable safeguards against them certified by a professional engineer or geologist employed by the applicant, which shall be approved by the appropriate regulatory agencies.
E. Subdivision plans shall give due recognition to the "Official Planning
Documents" or "Comprehensive Plans" of the Township and of the County or
to such parts thereof as may have been adopted pursuant to Statute.
A. General Standards:
(1) The location and width of all streets shall conform to the "Official Planning Documents" or "Comprehensive Plans" or to such parts thereof as may have been adopted by the Township Supervisors.
(2) The proposed street system shall extend existing or other streets on the "Comprehensive Plans" at the same width or larger but in no case at less than the required minimum width.
(3) Where, in the opinion of the Township Planning Commission, it is desirable to provide for street access to adjoining property, street stubs shall be extended by dedication to the boundary of such property.
(4) New minor streets shall be so designed as to discourage through traffic, but the subdivider shall give adequate continuation of major and collector streets into and from adjoining properties.
(5) Where a subdivision abuts or contains an existing street of improper width or alignment, the Township Planning Commission may require the dedication of land sufficient to widen the street or correct the alignment.
(6) Private streets (streets not to be offered for dedication) and service more than two structures are prohibited unless they meet the design standards of these regulations.
B. Partial and Half Streets:
New half or partial streets are prohibited.
C. Street Widths:
Minimum street right-of-way shall be forty (40) feet and pavement widths shall be twenty (20) feet.
D. Restriction of Access:
(1) Whenever a subdivision abuts or contains an existing or proposed street with an ultimate right-of-way of eighty (80') feet or more, the Township Planning Commission may require restriction of access to said street by:
(a) Provision of reverse frontage lots.
(b) Provision of service streets along the rear of the abutting lots, together with prohibition of private driveways intersecting the major streets.
(c) Provision of marginal access streets, provided that the reserve strips establishing such marginal access streets shall be definitely placed within the jurisdiction of the Township Supervisors under an agreement meeting the approval of the Township Solicitor.
(2) Except as specified under Paragraph (c) above, reserve strips shall be prohibited.
E. Street Grades:
(1) There shall be a minimum centerline grade of three- quarters (%) percent.
(2) Centerline grades shall not exceed the following:
(a) Minor Street -- ten (10%) percent.
(b) Collector Street -- six (6%) percent.
(c) Major Street -- six (6%) percent.
(d) Street Intersection -- five (5%) percent.
(3) Grades up to twelve (12%) percent may be permitted on a through minor street where access to the street is possible over streets with grades of ten (10%) percent or less.
F. Horizontal Curves:
(1) Whenever street lines are deflected in excess of five (5) degrees, connection shall be made by horizontal curves.
(2) To ensure adequate sight distance, minimum center-line radii for horizontal curves shall be as follows:
(a) Minor Streets -- One hundred fifty (150') feet.
(b) Collector Streets -- Three hundred (300') feet.
(c) Major Streets -- Five hundred (500') feet.
(3) A tangent of at least one hundred (100') feet shall be introduced between all horizontal curves on collector and major streets.
(4) To the greatest extent possible, combinations of the minimum radius and maximum grade shall be avoided.
G. Vertical Curves (Dip):
At all changes of street grades where the algebraic difference exceeds one (1%) percent, vertical curves shall be provided to allow an easy or smooth transition.
H. Intersections:
(1) Streets shall intersect as nearly as possible at right angles, and no street shall intersect another at an angle of less than sixty (60) degrees or more than one hundred twenty (120) degrees.
(2) No more than two streets shall intersect at the same point.
(3) Streets intersecting another street shall either intersect directly opposite to each other or shall be separated by at least one hundred fifty (150') feet between centerlines measured along the centerline of the street being intersected.
(4) Intersections shall be approached on all sides by a straight leveling area, the grade of which shall not exceed five (5%) percent within fifty (50') feet of the intersection of the nearest right-of-way lines.
(5) Intersections with major streets shall be located not less than one thousand (1,000') feet apart measured from centerline to centerline along the center line of the major street.
(6) Street curb intersections shall be rounded by a tangential arc with a minimum radius of:
(a) Twenty (20') feet for intersections involving only minor streets.
(b) Twenty-five (25') feet for all intersections involving a collector street.
(c) Twenty-five (25') feet for all intersections involving a major street.
(7) Street right-of-way lines shall be parallel to (concentric with) curb arcs at intersections.
I. Sight Distance at Intersections:
(1) Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision- obstructing object other than utility poles shall be permitted which obscures vision above the height of thirty (30") inches and below ten (10') feet measured from the centerline grade of intersecting streets. Such triangles shall be established from a distance of:
(a) Seventy-five (75') feet from the point of intersection of the centerlines, except that:
(b) Clear sight triangles of one hundred fifty (150') feet shall be provided for all intersections with collector Major Streets.
(2) Wherever a portion of the line of such triangles occurs behind (i.e., from the street) the building reserve (setback) line, such portion shall be shown on the Final Plan of the subdivision and shall be considered a building setback (reserve) line.
J. Cul-de-Sac Streets:
(1) Dead-end streets are prohibited unless designed as cul-de-sac streets or designed for future access to adjoining properties.
(2) Any dead-end street for access to an adjoining property or because of authorized stage development shall be provided with a temporary all-weather turn-around within the subdivision, and the use of such turn-around shall be guaranteed to the public until such time as the street is extended.
(3) Cul-de-sac streets, permanently designed as such, shall not exceed six hundred (600') feet in length and shall not furnish access to more than twenty (20) dwelling units.
(4) Unless future extension is clearly impractical or undesirable, the turn-around right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street in full width.
(5) All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turn-around. The minimum radius to the pavement edge or curb line shall be fifty (50') feet, and the minimum radius of the right-of-way line shall be fifty (50') feet.
(6) Drainage of cul-de-sac streets shall preferably be towards the open end. If drainage is toward the closed end it shall be conducted away in an underground storm sewer.
(7) The centerline grade on a cul-de-sac street shall not exceed ten (10%) percent, and the grade of the diameter of the turn-around shall not exceed five (5%) percent.
(8) All cul-de-sac street widths shall follow the same minimum street widths as prescribed for minor streets.
K. Street Names:
(1) Proposed streets which are obviously in alignment with others already existing and named, shall bear the names of the existing streets.
(2) In no case shall the name of a proposed street be the same as or similar to an existing street name in the Township and in the postal district, irrespective of the use of the suffix street, road, avenue, boulevard, driveway, place, court, lane, etc.
(3) All street names shall be subject to the approval of the Township Supervisors and the Cambria County Emergency Management Office.
L. Service Streets (Alleys):
(1) Service streets may be permitted, provided that the subdivider produces evidence satisfactory to the Township Planning Commission or the Township Supervisors of the need for such service streets.
(2) No part of any structure shall be located within twenty (20') feet of the centerline of a service street.
(3) Dead-end service streets shall be avoided, but where this proves impossible, dead-end service streets shall terminate with a paved circular turn-around or equal with a minimum radius of the outer pavement edge of fifty (50') feet.
(4) Service street intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be rounded or cut back sufficiently to permit safe vehicular circulation.
M. Driveway:
(1) Private driveways on corner lots shall be located at least forty (40') feet from the point of intersection of the nearest street right-of-way lines.
(2) In order to provide a safe and convenient means of access, grades on private driveways shall not exceed seven (7%) percent. Entrances should be rounded at a minimum radius of five (5') feet, or should have a flare construction that is equivalent to this radius at the point of intersection with the edge of the street pavement.
(3) Driveways shall be constructed so as not to channel storm water run-off.
A. Layout:
The length, width and shape of blocks shall be determined with due regard to:
(1) Provision of adequate sites for buildings of the type proposed.
(2) Zoning requirements.
(3) Topography.
(4) Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with major streets.
B. Length:
(1) Blocks shall have a maximum length of one thousand six hundred (1,600') feet and a minimum length of five hundred (500') feet, provided however that the Township Planning Commission or Township Supervisors may decrease the maximum and/or minimum lengths of blocks if in the opinion of either body, topography of the land in question and/or surface water drainage condition warrant such a decrease.
(2) In the design of blocks longer than one thousand (1,000') feet, special consideration shall be given to the requirements of satisfactory fire protection.
(3) Where practicable, blocks along collector streets shall not be less than one thousand (1,000') feet long.
C. Crosswalks:
(1) Crosswalks shall be required wherever necessary to facilitate pedestrian circulation and to give access to community facilities, as well as in blocks of over one thousand (1,000') feet in length.
(2) Such crosswalks shall have a width of not less than ten (10') feet and a paved walk of not less than five (5') feet.
D. Depth:
Residential blocks shall be of sufficient depth to accommodate two (2) tiers of lots, except where prevented by the size, topographical conditions or other inherent conditions of property, in which case the Township Planning Commission or Township Supervisors may approve a single tier of lots.
E. Commercial and Industrial Blocks:
Blocks in commercial and industrial areas may vary from the elements
of design detailed above as required by the nature of the use.
A. General Standards:
(1) Insofar as practical, side lot lines should be at right angles to straight street lines or radial to curved street lines.
(2) Where feasible, lot lines should follow municipal boundaries rather than cross them in order to avoid jurisdictional problems.
(3) Generally, the depth of residential lots should be not less than one (1) nor more than two and one-half (2) times their width.
(4) Depth and width of parcels intended for non residential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, loading and unloading, setbacks, landscaping, etc.
(5) If, after subdividing, there exists remnants of land, they shall be either:
(a) Incorporated in existing or proposed lots, or
(b) Legally dedicated to public use, if acceptable to the Township.
B. Lot Frontage:
(1) All lots shall have direct access to a public street, existing or proposed, or to a private street if it meets the requirements of these regulations.
(2) Double or reverse frontage lots shall be avoided except where required to provide separation of residential development from major streets or to overcome specific disadvantages of topography or orientation.
(3) All residential reverse frontage lots shall have, within such rear yard and immediately adjacent to the right-of-way, a planting screen easement of at least ten (10') feet in width, across which there shall be no right of access.
C. Lot Size:
Lot dimensions and areas shall not be less than specified by the Conemaugh
Township Zoning Ordinance, or as determined by Section 504 of this Ordinance,
whichever shall be the larger.
SECTION 505 SANITARY SEWAGE DISPOSAL
All sanitary sewage disposal systems will follow current Township sewage
disposal ordinances.
SECTION 506 SOIL PERCOLATION TEST REQUIREMENTS
Will conform to current township and state regulations.
A. Whenever an existing public or approved community water system is geographically and economically accessible to a proposed subdivision, a distribution system shall be designed to furnish an adequate supply of water to each lot, with adequate main sizes and fire hydrants located to meet the specifications of the Middle Department Association of Fire Underwriters. A copy of the approval of such system by the appropriate public agency or utility company shall be shown on the Final Plan. Suitable agreements shall also be established for the design, specifications, construction, ownership and maintenance of such distribution system.
B. Where such systems are not accessible, and particularly where on-site sanitary sewage disposal systems are to be used, a community water supply system is strongly recommended. A community water supply system shall be approved by the Pennsylvania Department of Environmental Protection, and appropriate measures shall be provided to insure adequate maintenance. Suitable agreements shall also be established for the construction, ownership and maintenance of such a distribution system.
C. Where individual on-site water supply system(s) are to be utilized, each lot so served shall be of a size and shape to allow safe location of such a system and wells shall be placed where they are free from danger of contamination and shall not be within one hundred (100') feet of any part of the absorption (tile) field of any on-site sanitary sewage disposal system, nor within fifty (50') feet from lakes, streams, ponds, quarries, etc.
D. Conemaugh Township discourages the use of wells for water supplies
in subdivisions, because of extensive undermining on the township. When
developers propose on-site water all water wells shall be constructed prior
to approval of the plan. Wells shall be constructed, cased and grouted
according to Pennsylvania, DEP, public water supply standards, or standards
adopted by regulatory or professional agencies relating to private water
supplies. Wells shall be pump tested simultaneously and provide, at lest,
5 gpm over a 24 hour period.
SECTION 508 STORM WATER DRAINAGE
Must conform to current Township, County, and State regulations. In
no event shall the rate of run-off be increased by the proposed development.
SECTION 509 PUBLIC USE AND SERVICE AREA
A. Public Open Spaces:
(1) In reviewing subdivision plans, the Township Planning Commission and Township Supervisors shall consider whether community facilities, especially schools, in the area are adequate to serve the needs of the additional dwellings proposed by the subdivision, and shall make such report thereon as they deem necessary in the public interest.
(2) Subdividers and the Township Planning Commission shall give earnest consideration to providing facilities or reserving areas for facilities normally required in residential neighborhoods, including churches, libraries, schools and other public buildings; parks, playgrounds and play fields, shopping and local business centers. Areas provided or reserved for such community facilities shall be adequate to provide for building sites, landscaping, and off-street parking as appropriate to the use proposed. Prior to the preparation of plans, subdividers of large tracts should review with the Township Planning Commission the minimum standards for various community facilities applicable to the tract being subdivided.
(3) In subdivisions which are intended to provide housing, the Township Planning Commission shall consider the need for suitable open areas for recreation and shall make a recommendation thereon.
B. Community Assets:
Consideration shall be shown for all natural features such as large trees, water courses, historic areas and structures, and similar community assets which, if preserved, will add attractiveness and value to the remainder of the subdivision.
C. Utility Easements:
(1) A temporary construction easement of thirty (30) feet and a permanent maintenance easement of fifteen (15) feet shall be provided for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains and/or other utility lines intended to service the abutting lots. No structures or trees shall be placed within such easements.
(2) To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
(3) There shall be a minimum distance of fifty (50') feet, measured in the shortest distance, between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line which traverses the subdivision.
(4) Subdividers shall provide proof of acceptance by the various public utility companies of the locations for utility line easements.
(5) Utility service for residential development is recommended to be provided through the use of underground facilities in accordance with the standards and approval of the utility company having appropriate jurisdiction.
ARTICLE VI. IMPROVEMENT SPECIFICATIONS
SECTION 601 GENERAL REQUIREMENTS
Physical improvements to the property being subdivided shall be provided, constructed, and installed as shown on the Record Plan, in accordance with the requirements of these regulations, or other Township Ordinances or Regulations.
A. As a condition to review of a Final Plan by the Township Planning Commission, the subdivider shall agree with the municipality as to the installation of all improvements shown on the Plan and required by these or other Township Ordinances or Regulations. Before the Record Plan is endorsed by the Township Planning Commission and Township Supervisors, the subdivider shall submit a completed original copy of the Subdivision Improvements Agreement.
B. All improvements installed by the subdivider shall be constructed in accordance with the design specifications of the Township.
Where there are no applicable Township Design Specifications, improvements shall be constructed in accordance with specifications furnished by the Township Engineer, County Engineer, Pennsylvania Department of Transportation, Pennsylvania Department of Environmental Protection, Pennsylvania Department of Forests and Waters, or such other State agency as applicable. If there are no applicable Township or State regulations, the Township Planning Commission may authorize that specifications be prepared by the Township Engineer or an Engineering Consultant.
C. Supervision of the installation of the required improvements shall
in all cases be the responsibility of the Township Engineer or of the appropriate
state regulatory agency.
SECTION 602 REQUIRED IMPROVEMENTS
The following improvements, as shown on the Record Plan, shall be provided by the subdivider in all subdivisions requiring approval and are recommended in all other subdivisions.
A. Street Grading:
All streets shall be graded at full right-of-way width.
B. Street Paving:
All streets intended to be dedicated to public use shall be paved to full width (as shown on the Final Plan) in accordance with Township Specifications, with at least six (6") inch subbase, eight (8") inch base course and three and a half (3") surface or as stated in the current PennDot Publication No. 70 for the type of street involved.
C. Curbs:
Curbs are to be installed when deemed necessary by the Township Engineer based on the need to control storm water run-off and/or on street parking and approved by Township Supervisors.
D. Sewers:
(1) Storm Sewers:
Storm sewers and related facilities shall be installed consistent with the design principles and requirements contained in Article V of these regulations.
(2) Sanitary Sewage Disposal System(s):
(a) Sanitary sewage disposal systems shall be provided consistent with the design standards and requirements contained in Article V of these regulations.
(b) Whenever public sewage is not possible, a subdivider must propose that individual on-site sanitary sewage disposal systems shall be utilized within the subdivision, the subdivider shall either install such facilities or shall require (by deed restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that such facilities shall be installed by the purchaser of such lot or parcel at the time that a principal building is constructed and in accordance with these regulations.
(c) In all other cases, the subdivider shall provide a complete community or public sanitary sewage disposal system. The design and installation of such public system shall be subject to the approval of the Pennsylvania Department of Environmental Protection and such system shall be further subject to satisfactory provision for the maintenance thereof.
E. Water Supply:
(1) Water supply system(s) shall be installed consistent with design principles and requirements contained in Article V of these regulations.
(2) Where the subdivider proposes that individual on-site water supply system shall be utilized within the subdivision, the subdivider shall either install such facilities or shall require (by deed restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that the facilities shall be installed by the purchaser of such lot or parcel at the time that a principal building is constructed and in accordance with these regulations.
(3) Wherever economically feasible, the subdivision shall be provided with a complete public or community water distribution system.
F. Fire Hydrants:
Wherever a public or community water supply system is provided, fire hydrants shall be installed no further apart than one thousand (1,000) feet.
G. Monuments:
(1) Monuments shall be accurately placed at the intersection of all lines forming angles and at changes in directions of lines in the boundary (perimeter) of the property being subdivided.
(2) All monuments shall be placed by a registered professional engineer or surveyor so that the scored (by an indented cross or drill hole in the top of the monument) point shall coincide exactly with point of intersection of the lines being monumented.
(3) Monuments shall be set with their top level with the finished grade of the surrounding ground, except:
(a) Monuments which are placed within the lines of existing proposed sidewalks shall be so located (preferably beneath the sidewalks) that their tops will not be affected by lateral movement of the sidewalks.
(b) Where monuments are located beneath a sidewalk, proper access shall be provided for their use.
(4) All streets shall be monumented (preferably on the right-of-way lines) at the following locations:
(a) At least one monument at each intersection.
(b) At changes in direction of street lines, excluding curb arcs at intersections.
(c) At each end of each curved street line, excluding curb arcs at intersections.
(d) Intermediate monument shall be placed wherever topographical or other conditions make it impossible to sight between two otherwise required monuments.
(e) At such other places along the line of streets as may be determined by the Township Engineer to be necessary so that any street may be readily defined in the future.
H. Street Signs:
Street name signs shall be installed at all street intersections. The design and placement of such signs shall be subject to approval by the Township Supervisors.
I. Street Lights:
In accordance with the conditions to be agreed upon by the subdivider, the Township, and the appropriate public utility street lights are required to be installed in all subdivisions. However, whether or not street lights are initially installed, the developer shall be responsible for providing utility easements for future street lighting installation upon consultation with the public service utility company involved.
J. Public Utilities: All public utilities shall utilize underground
distributing of said utilities.
SECTION 603 RECOMMENDED IMPROVEMENTS
The following improvements are required:
A. Shade Trees:
Every effort must be made by the subdivider to preserve existing shade trees and, in addition, deciduous hardwood trees with a minimum caliber of one and one-half (1") inches should be provided in accordance with conditions to be agreed upon by the Township . Where provided, such trees should be planted between the sidewalk and the building reserve (setback) line at least five (5') feet from the sidewalk or between the curb and the sidewalk provided the planting strip is a minimum of six (6') feet wide. If no curb or sidewalk is provided, trees shall set back a minimum of ten (10') feet from the street ROW.
B. Lot Markers:
Metal markers are recommended to be accurately placed at all lot corners.
C. Sidewalks:
(1) When required by the Township Supervisors, sidewalks with a minimum width of four (4') feet shall be installed on both sides of all streets except that no sidewalks shall be required along service streets.
(2) All sidewalks, curbs, and gutters shall be installed in accordance with these regulations and with curb, gutter, or sidewalk ordinances of the Township.
SECTION 701 MOBILE HOME PARK REGULATIONS
No person, firm or corporation shall construct, maintain, or operate a mobile home park within the Municipality without obtaining a mobile home park plan approval from the municipal Officials. The procedures for reviewing mobile home park plans shall be the same as for subdivision and land development plans in accordance with the provisions of this Ordinance. Unless specified in this Article, the design standards and improvement requirements for mobile home parks shall be the same as for subdivision and land development projects in accordance with the provisions of this Ordinance
A. Plan requirements
Prior to plan approval of a mobile home park, plans shall be submitted to and approved by the Municipal Officials in accordance with the requirements and procedures of this Ordinance. In addition to the plan information required elsewhere in this Ordinance, the following information shall be provided on the plans:
(1) The location and use of proposed buildings or structural improvements.
(2) The location and design of all uses not requiring structures such as recreation areas and landscaping.
B. Register
It shall be incumbent upon the proprietor of a mobile home park to keep a register and to report therein the name of person or head of family occupying each said mobile home, showing date of entry on said land, make and size of the mobile home, and the names of all persons living in said mobile home.
C. Density
(1) The minimum tract area for mobile home parks shall be five (5) acres.
(2) The gross density per park shall not exceed eight (8) mobile home units per acre.
D. Lot Requirements
(1) Individual mobile home lots located in a mobile home park shall contain at least five thousand (5,000') square feet of lot area and shall not be less than fifty (50') feet wide at the building set-back line exclusive of easements or rights-of-way.
(2) All mobile home lots shall be given street numbers and all park streets shall be given names.
E. Setback Requirements
(1) All mobile homes shall be located at least thirty-five (35') feet from any street right-of-way which abuts a mobile home park boundary and at least twenty-five (25') feet from any other boundary of the park.
(2) There shall be a minimum distance of twenty-five (25') feet between an individual mobile home and adjoining pavement of a park street or common parking area or other common areas.
(3) All mobile homes and patios on a mobile home lot shall not be located closer than ten (10') feet to a lot line.
(4) Minimum park frontage shall be one hundred (100') feet.
F. Park Street System
(1) Streets. All streets within any mobile home park shall be designed in accordance with the design standards of this Ordinance.
(2) Intersections. Not more than two (2) streets shall intersect at
any point and a distance of at least one hundred fifty (150') feet shall
be maintained between center lines of offset intersecting streets.
ARTICLE VIII ADMINISTRATION, AMENDMENT, SEVERABILITY
SECTION 801 REVISION AND AMENDMENT
A. The Township Supervisors may, from time to time on their own motion revise, modify, or amend these regulations in order to increase their effectiveness or to expedite the approval of subdivision plans.
B. Any revisions, modifications or amendments to these regulations shall be made in accordance with the procedures established by law, after a public hearing on the proposed revisions, modifications, or amendments.
In addition, in the case of amendment other than that prepared by the
Township Planning Commission, the Township Supervisors shall submit each
amendment to the Township Planning Commission for recommendations at least
thirty (30) days prior to the date fixed for the public hearing on such
proposed amendment.
The provisions of these regulations are intended as minimum standards
for the protection of the public health, safety, and welfare of the residents
and inhabitants of the Township. The Township reserves the right, in unusual
situations, to modify or to extend them conditionally in individual cases
as may be necessary in the public interest, provided, however, that such
variation shall not have the effect of nullifying the intent and purpose
of these regulations. The list of such modifications and the reasons for
them shall be entered in the minutes of the Township Planning Commission
or Township Supervisors and a copy of this entry shall be transmitted to
the Township Secretary. Modifications shall be clearly defined and entered
on the Final Plan and signed by the Chairman of the Township Supervisors.
SECTION 803 MEDIATION AND APPEALS
A. The Municipality may offer a mediation option as an aid in completing proceedings authorized by Article V, Section 508 of Act 247: "Approval of Plats". In exercising this option, the Municipality and mediating parties shall meet the stipulations and follow the procedures set forth in Article IX, Section 908.1 of Act 247, as re-enacted and amended.
B. Any subdivider aggrieved by a finding, decision, or recommendation
of the Municipality may appeal such finding, decision, or recommendation
to the Court of Common Pleas.
A. The Township Supervisors shall establish by resolution a collection procedure and Schedule of Fees to be paid by the subdivider at the time of filing a Preliminary Plan.
B. The Schedule of Fees shall be posted in the Township Secretary's office or in such other place as the Township Supervisors may designate.
C. In the event the subdivider is required to pay additional fees at the filing of the Final Plan, such fees shall be collected by the Township Secretary prior to distributing the Final Plan. There shall be no refund or credit of any portion of the fee should the subdivider fail to apply for final approval within the required period of time or if the Final Plan covers only a section of the subdivision for which Preliminary Approval has been obtained.
D. No Final Plan shall be approved unless all fees and charges have
been paid in full.
SECTION 805 REMEDIES, ENFORCEMENT, AND JURISDICTION
A. In the event that any improvements which may be required have not been installed as provided in this Ordinance or in accord with the approved Final Plan, the Municipality is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies to effect completion of said improvements. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Municipality may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.
B. In addition to other remedies, the Municipality may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violation, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
C. The Municipality may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision or land development of real property in violation of this Ordinance. This authority to deny such a permit or approval shall apply to any of the following applicants:
(1) The owner of record at the time of such violation.
(2) The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(3) The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(4) The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Municipality may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
D. Any person, partnership or corporation who or which has violated
the provisions of this Ordinance shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Municipality, pay a
judgment of not more than One Thousand and 00/100 ($1,000.00) Dollars plus
all court costs, including reasonable attorney fees incurred by the Municipality
as a result thereof. No judgment shall commence or be imposed, levied,
or payable until the date of the determination of a violation by the district
justice. If the defendant neither pays nor timely appeals the judgment,
the Municipality may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the district justice determining that there
has been a violation, further determines that there was a good faith basis
for the person, partnership, or corporation violating the Ordinance to
have believed that there was no such violation, in which event there shall
b deemed to have been only one such violation until the fifth day following
the date of the determination of a violation by the district justice and
thereafter each day that a violation continued shall constitute a separate
violation. The court of common pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem judgment pending a final
adjudication of the violation and judgment.
E. District Justices shall have initial jurisdiction in proceedings
brought under enforcement remedies.
SECTION 806 KEEPING OF RECORDS
The Township Planning Commission and the Township Supervisors shall
keep a record of their findings, decisions, and recommendations relative
to all subdivision plans filed for review. Such records shall be made available
to the public for review.
The subdivider shall be responsible for observing the procedures established
in this Ordinance and for submitting all plans and documents as may be
required.
A. Whenever there is a difference between the minimum standards specified herein and those included in other Township Ordinances or regulations the more stringent requirements shall apply.
B. All existing ordinances or regulations or parts thereof which are
contrary to the provisions of this Ordinance are hereby repealed to the
extent necessary to give this Ordinance full force and effect.
Should any article, section, subsection, paragraph, clause, phrase,
or provision of these Regulations be declared by a court or competent jurisdiction
to be invalid, such judgment shall not affect the validity of the Regulation
as a whole or any part or provision thereof other than the part so declared
to be invalid or unconstitutional.
This Ordinance shall become effective ten (10) days after the date on
which it has been passed by the Conemaugh Township Supervisors and approved
by the Solicitor of the Township.
DULY ENACTED AND ORDAINED BY THE Supervisors of Conemaugh Township, Cambria County, Pennsylvania, this day __ of _________ , 1996, in lawful session duly assembled.
ATTEST: (Seal) CONEMAUGH TOWNSHIP SUPERVISORS
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Secretary
Chairman,