AND SUBDIVISION OF LAND, REGULATING SALE

Transcription

1 ORDNANCE NO AN ORDNANCE REGULATNG THE SUBDVSON OF LAND AND LAND DEVELOPMENT N TEE TOWNSHP OF PACKER, PROVDNG FOR THE PREPARATON OF PRELMNARY AND FNAL PLANS FOR SUCH PURPOSES REQURNG CERTAN MPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDVDER OR DEVELOPER ESTABLSHNG STANDARDS FOR MPROVEMENTS AND SUBDVSON OF LAND, REGULATNG SALE OF LOTS, ERECTON OF BULDNGS, LAYNG OUT, CONSTRUCTON, OPENNG AND DEDCATON OF STREETS, SEWERS, OTHER FACLTES AND PUBLC MPROVEMENTS N CONNECTON WTH SUBDVSON AND LAND DEVELOPMENT, AND PRESCRBNG PENALTES. NCLUDNG AMEND- MENTS THROUGH SEPTEMBER - 8, The Board of Supervsors of Packer Townshp hereby ordans : Part 1 Short Ttle, Purpose, Authorty Applcaton and nter- pretaton Secton 11. Short Ttle. Ths ordnance shall be known a the Packer Townshp Subdvson and Land Development Ordnance. Secton 12. Purpose. A. These regulatons are adopted for the followng purposes : 1. To protect and provde for the publc health, safety, and general welfare of Packer Townshp. 1

2 - *: m 1 2. To gude the future growth and development of 1 acker Townshp. 3. To provde for adequate lght, ar, and prvacy; o secure safety from fre, flood, and other danger; and to prevent vercrowdng of the land and undue congeston of populaton. 4. To protect the character and socal and economc tablty of Packer Townshp and to encourage the orderly and enefcal development of Packer Townshp. 5. To protect and conserve the value of land hroughout Packer Townshp, and the value of buldngs and mprovements upon the land and to mnmze the conflcts among the ses of land buldngs. 6. To gude publc and prvate polcy and acton n order to provde adequate and effcent transportaton, water 1 upply, sewerage, schools, parks, playgrounds, recreaton, and ther publc requrements and facltes. 7. To provde the most benefcal relatonshp etween the uses of land and buldngs and the crculaton of raffc wthn Packer Townshp, havng partcular regard to the vodance of congeston n the streets and hghways, and the edestran traffc movements approprate to the varous uses of and buldngs, and to provde for the proper locaton and wdth f streets and buldng lnes. 8. To establsh reasonable standards of desgn and rocedures for subdvson and resubdvsons, n order to further 2

3 the.orderly layout and use of land: and to nsure proper legal fescrptons and monumentng of subdvded land. 9. To nsure that publc facltes are avalable snd wll have a suffcent capacty to serve the proposed subfvson. 1. To prevent the polluton of ar, streams, and ponds; to assure the adequacy of dranage facltes: to safejuard the water table: and to encourage the wse use and manage- j 1 nent of natural resources n order to preserve the communty and value of the land. 11. To preserve the natural beauty and topography 3f Packer Townshp and to ensure approprate development wth regard to these natural features. 12. To provde for open spaces through effcent esgn and layout of the land. 13. And fnally, to ensure that documents prepared 3s part of a land ownershp transfer fully and accurately escrbe the parcel of land beng subdvded, and the new parcels thus created. Secton 13. Authorty. A. Authorty of the Board of Supervsors of Packer rownshp (herenafter "Supervsors") 1. The Supervsors of Packer Townshp are vested 3y law wth the control of the subdvson of land and land 3

4 development wthn Packer Townshp by Act 241 of 1968, the Pennsylvana Muncpaltes Plannng code, as amended. The Supervsors shall retan the authorty to approve all sub- dvson plans and land development plans as requred heren. B. Authorty of Packer Townshp Plannng Commsson 1. The Plannng Commsson s hereby desgnated by the Supervsors as an agency whch shall revew and make recommendatons on prelmnary and fnal subdvson and land development plans as requred heren, pror to acton taken by the Supervsors, and, when provded by ordnance, make other recommendatons. Secton 14. Applcaton of Regulatons. A. Subdvson Control 1. No subdvson, as heren defned, of any lot, tract or parcel of land shall be effected and no street, alley, santary sewer, storm sewer, water man or other facltes n connecton therewth, shall be lad out, constructed, opened or dedcated for publc use or travel, or for the common use of occupants of buldngs abuttng or to abut thereon, except n strct accordance wth the provsons of ths Ordnance. No lot n any subdvson may be sold, and no permt to erect, alter or repar any buldng upon land n a subdvson may be ssued; and no buldng may be erected n a subdvson, unless and untl a subdvson plan has been approved and recorded: and untl the 4

5 , wth the regulatons contaned heren. Such complance shall 5

6 2. Conflct wth Publc and Prvate Provsons. 1 a. Publc Provsons l (1) Where any provsons of ths Ordnance: mposes restrcton dfferent from those mposed by any other b provson of ths Ordnance or any other ordnance, rule, or regulaton, or other provson of law, whchever provsons are more restrctve or mpose hgher standards shall control. b. Prvate Provsons (a) Ths Ordnance s not ntended to abrogate any easement, covenant or any other prvate agreement or restrcton, provded that where the provsons of ths Ordnance are more restrctve or mpose hgher standards or regulatons than such easement, covenant, or other prvate agreeor restrcton, the requrements of ths Ordnance shall govern. Where the provsons of the easement, covenant or prvate agree- ment or restrcton mpose dutes and oblgatons more restrctve, or hgher standards than the requrements of these regulatons, OK the determnatons of the Supervsors n approvng a subdvson or n enforcng ths Ordnance, and such prvate provsons are not nconsstent wth ths Ordnance or determnatons thereunder, then such prvate provsons shall be operatve and supplemental to these regulatons and determnatons made thereunder. Part 2 Defntons 6

7 Secton 21. General nterpretaton. Unless otherhse expressly stated, the followng words shall for the purpose of ths Ordnance, have the meanng heren ndcated. The present tense shall nclude the future, the sngular number shall nclude the plural and the sngular, words used n the masculne - gender shall nclude the femnne and the neuter; the word "shall", s always mandatory, the word "may" s always permssve. Secton 22. Specfc Words and Phrases. l 1. ALLEY: A mnor way, whether or not legally dedcated, ntended and used prmarly for vehcular servce sccess to the rear of propertes whch abut on a street, and not ntended for the purpose of through streets. 2. BLOCK: An area, dvded nto lots, and usually Dounded by streets. 3. BULDNG: combnaton of materals to form a?emanent structure havng walls and a roof, ncludng but lot lmted to, all moble homes and tralers. 4. CARTWAY OR ROADWAY: The porton of a street or slley mproved, desgned or ordnarly used for vehcular travel, 2xclusve of the sdewalk, berm or shoulder. 5. CLEAR SGHT TRANGLE: An area of unobstructed Tson at street ntersectons defned by lnes of sght between 3onts at a gven dstance from the ntersecton of street center Lnes. 7

8 6. CONDOMNUM: Ownershp n common wth others of a parcel of land and certan parts of a buldng thereon whch would normally be used by all the occupants, together wth ndvdual ownershp n fee of a partcular unt or apartment n, such buldng or on such parcel of land and may nclude dwellngs, offces and other types of space n commercal and ndustral buldngs or on real property COUNTY: The County of Carbon, Pennsylvana. 8. COMMSSON: The Plannng Commsson of Packer Townshp. 9. CUL-DE-SAC: A mnor street ntersectng another street at one end and termnated at the other by a vehcular turnaround. 1. CUT: An excavaton. The dfference between a pont on the orgnal ground and desgnated pont of lower elevaton on the fnal grade. Also, the materal removed n excavaton. 11. DEPARTMENT OF ENVRONMENTAL RESOURCES (DER): The Pennsylvana Department of Envronmental Resources, ts bureaus, dvsons, departments and/or agences, as may from tme to tme be establshed, or such Department or Departments as may n the future succeed t. 12. DESGNATED FLOODPLAN AREA: A relatvely flat or low land area adjonng a rver, stream, or watercourse whch 8

9 s subject to partal or complete nundaton n a 1-year flood s desgnated n the Packer Townshp Floodplan Ordnance as mended. 13. DETENTON POND: An area n whch surface water runoff s temporarly stored pendng ts release at a controlled rate. 14. DEVELOPER: Any landowners, agent or tenant wth ermsson of such landowner, who makes or causes any develop- Rent of tract or parcel of land or a lot. 15. DEVELOPMENT: Any man-made change to mproved or nmproved real estate, ncludng but not lmted to, buldngs )r other structures, the placement of moble homes, streets and ther pavng, utltes, mnng, dredgng, fllng, gradng,?xcavaton, or drllng operatons, and the subdvson of land. 16. DRANAGE: The removal of surface water or ground- later from land by drans, gradng or other means, and ncludes :ontrol of runoff to mnmze eroson an sedmentaton durng nd after constructon or development. 17. DRANAGE FACLTY: any dtch, gutter, culvert, ;tom sewer or other structure desgned, ntended or constructed For the purpose of carryng, dvertng or controllng surface later or groundwater. 18. DRANAGE RGHT-OF-WAY: The lands requred for :he nstallaton of storm water sewers or dranage dtches, or 9

10 . -equred along a natural stream or watercourse for preservng :he channel and provdng for the flow of water theren to safeguard the publc aganst flood damage. 19 DRVEWAY: A prvate vehcular passageway provdng ccess between a street and a prvate parkng area or prvate rarage. 2. DWELLNG: Any buldng whch s desgned for human.vng quarters, but not ncludng hotels, boardng houses, :ourst cabns, motels and other accommodatons used for transent' )ccupancy. 21. EASEMENT: A grant of lmted use of prvate land :or a publc or quas-publc purpose. 22. ENGNEER: A regstered professonal engneer n 'ennsylvana desgnated by packer Townshp. 23. ENGNEERNG SPECFCATONS: The engneerng crtera )f Packer Townshp regulatng the nstallaton of any mprovement )r faclty. 24. EROSON: The removal of surface materals by the tcton of natural elements. 25. EXCAVATON: Any act by whch earth, sand, gravel,.ock or any other smlar materal s dug nto, cut, quarred, ncovered, removed, dsplaced, relocated or bulldozed. t shall nclude the condtons resultng therefrom. 26. FLL: Any act by whch earth, sand, gravel, rock 1

11 . ol any other materal s placed, pushed, dumped, pulled, transported or moved to a new locaton above the natural surface of the ground or on top of the strpped surface. t shall nclude the condtons resultng therefrom. The dfference n elevaton between a pont on the orgnal ground and a desgnated pont of hgher elevaton of the fnal grade. fll. The materal used to make ' 21. FLOOD PLAN: The area along a natural watercourse whch may from tme to tme be overflowed by water therefrom. 28. FLOODWAY: The channel of a rver or other water- course and the adjacent land areas requred to carry and ds- charge a flood of the one hundred (1) year magntude. 29. GRADNG AND DRANAGE PLAN: A plan showng all exstng ground features and proposed gradng, ncludng exstng and proposed surface and subsurface dranage facltes, descrbed by grades, contours, and topography. 3. MPROVEMENTS: Those physcal addtons, nstallatons, and changes requred to render land sutable for the use ntended, ncludng but not lmted to, gradng, pavng, curbng, street lghts and sgns, fre hydrants, water mans, electrc servce, gas servce, santary sewers, storm drans, sdewalks, cross-walks, drveways, culverts, and street shade trees. 31. NTEROR WALK: A rght-of-way easement for pedestran use, extendng from a street nto a block or across 11

12 ,o a block to another street. 32. LAND DEVELOPMENT: The mprovements of one lot, or :wo or more contguous lots, tracts or parcels of land for any lurpose nvolvng: a. A group of two or more buldngs or the dvson )r allocaton of land or space between or among two or more?xstng or prospectve occupants by means of, or for the purpose )f, streets, common areas, leaseholds, condomnums, buldng rroups or other features. b. The term "land development" shall also nclude ' :he plot for a moble-home park as defned n ths Ordnance, and :he sad plot plan shall be draw n the same manner as heren rovded for a Fnal Subdvson Plan, and shall nclude spaces, :or approval by the Packer Townshp Engneer and the Supervsors f Packer Townshp, whch approvals shall be gven pror to the.ssuance of a permt or recordng. 33. LOT: A parcel of land havng dmensons and area s requred by ths Ordnance and havng frontage upon a street s shown on a plat of record or consdered as a unt of property, nd descrbed by metes and bounds. 34. LOT, CORNER: A lot abuttng upon two or more streets at ther ntersecton, the front of whch shall be :onsdered to be the frontage of least dmenson on a street,?xcept that where any two (2) frontages shall each exceed one 12

13 undred and ffty (15) feet n length, ether frontage may be esgnated as the "front" of the lot. 35. LOT, DOUBLE FRONTAGE: An nteror lot whch buts streets n both the front and rear. 36. LOT, NTEROR: A lot havng sde lot lnes whch lo not abut on a street. 37. LOT, MNMUM WDTH: The dstance between the sde lot lnes measured at the buldng set-back lne. 38. LOT NON-CONFORMNG: A lot of record at the tme of che adopton of ths Ordnance, whch by reason of area or lmenson, does not conform to the requrements of ths Ordnance. 39. LOT OF RECORD: A lot descrbed n a deed or shown m a plan of lots whch has been recorded n the offce of the ecorder of Deeds of Carbon County, Pennsylvana. 4. LOT, REVERSE FRONTAGE: A lot extendng between and lavng frontage on an arteral street and a local access street, snd wth vehcular access solely from the latter. 41. MANTENANCE GUARANTEE: Any securty, other than zash, whch may be accepted by Packer Townshp for the mantenance >f any mprovements requred by ths Ordnance. 42. MAJOR SUBDVSON: Any subdvson not classfed ss a mnor subdvson. 43. MARKER: A wood or metal stake placed to desgnate the boundary and corners of lots n the subdvson of land for 1 j 13

14 . the-purpose of reference n land and property survey and to facltate the sale of lots. 44. MNOR SUBDVSON: The subdvson of land nto not more than two ( 2) parcels located on an exstng mproved street that does not nvolve: nstallaton of mprovements as requred by ths 3rdnance; extenson of utltes: frontage on an arteral or Eollector street; adverse effect to the development of the remanng parcel; adverse effect to adjonng propertes; and zonflct any porton of ths Ordnance or other State, County or Pownshp ordnances, laws or regulatons. 45. MOBLE HOME: A vehcle, portable structure, or?art thereof, used for permanent lvng or sleepng quarters and standng on wheels, a foundaton or on rgd supports. 46. MOBLE HOME COURT: Two or more moble homes located 3n a pece or parcel of property owned by a sngle owner. 47. MONUMENT: A concrete, stone or other permanent Jbject placed to desgnate boundary lnes, corners or property, nd rghts-of-way of streets and utltes, for the purpose of reference n land and property survey. 48. MUNCPALTES PLANNNG CODE: Act of Assembly of July 31, 1968 P.L. 85, as amended. 49. ONE HUNDRED YEAR FLOOD: A flood that, on the verage, s 1 kely to occur once every one hundred (1) years. 14

15 5. OWNER: The legal or benefcal owner or owners of land, ncludng the holder of any opton or contract to purchase (whether or not such opton or contract s subject to any condton), a lessee f he s authorzed under the lease to exercse the rghts of the owner, or other persons havng a propretary nterest n the land, shall be deemed to be an owner for the purpose of ths Ordnance. 51. PERFORMANCE GUARANTEE: Any securty whch may be n leu of a requrement that certan mprovements be made before the Supervsors of Packer Townshp approve a fnal subdvson or land development plan, ncludng performance bonds, escrow agree- ments, and other smlar collateral or surety agreements. 52. PERSON: An ndvdual, partnershp, corporaton, or other legally recognzed entty. 53. PLAN, FNAL: A complete and exact subdvson plan or land development plan, prepared for offcal recordng as requred by statute, to defne property rghts and proposed streets and other mprovements. 54. PLAN, PRELMNARY: A tentatve subdvson plan, n lesser detal than a fnal plan, showng approxmately proposed street and lot layout as a bass for consderaton pror to preparaton of a fnal plan. 55. PLAN, SKETCH: An nformal plan, subdvson or land development plan, not necessarly to scale, ndcatng salent 15

16 a. a a a- a a a a a a exstng features of a tract and ts surroundng and the general layout of the proposed subdvson. 56. PLAN, SOL EROSON & SEDMENTATON CONTROL: A plan for controllng eroson and sedment durng constructon whch shall provde all steps, ncludng schedulng, to assure eroson and sedment control durng all phases of constructon, ncludng fnal stablzaton. 57. PLAT: A map or plan of a subdvson or use ndcatng the locaton and boundares of ndvdual propertes. 58. PUBLC GROUNDS: (a) parks, playgrounds, and other areas; and (b) stes for schools, sewage treatment, refuse dsposal, and other publcly owned or operated facltes. 59. PUBLC NOTCE: Notce publshed once each week for two successve weeks n a newspaper of general crculaton n the muncpalty. Such notce shall state the tme and place of the hearng and the partcular nature of the matter to be consdered at the hearng. The frst publcaton shall be not more than thrty days or less than fourteen days from the date of the hearng. 6. REGULATORY FLOOD ELEVATON: The 1-year flood elevaton plus a freeboard safety factor of one and one half (1;) feet. 61. RESERVE STRP: A narrow parcel of ground havng nadequate area for buldng purposes separatng a street or a a 16

17 proposed street from other adjacent propertes. 62. RESDENT PROPERTY OWNER: Any ndvdual mantanng a votng address n Packer Townshp, wthn one thousand (1,) feet of the proposed subdvson, ownng real estate n hs own or jont names. 63. RE-SUBDVSON: Any subdvson or transfer of land, lad out on a plan whch has been approved by the Supervsor of Packer Townshp whch changes or proposes to change property lnes and/or publc rght-of-way not n strct accordance wth the 3pproved plan. 64. RGHT-OF-WAY: Land legally dedcated for publc?urposes, ncludng but not lmted to, a street, alley or nteror walk. 65. RUNOFF: The surface water dscharge or rate of scharge of a gven watershed after a fall of ran or snow that oes not enter the sol but runs off the surface of the land. 66. SEDMENTATON: The process by whch mneral or 2rganc matter s accumulated or deposted by movng wnd, water, 3r gravty. Once ths matter s deposted, or remans suspended n water, t s usually referred to as "Sedment". 67. SEPTC TANK: A watertght tank n whch raw sewage s broken down nto sold, lqud, and gaseous phases to Facltate further treatment and fnal dsposal. 68. SETBACK (BULDNG SETBACK LNE): The lne wthn 17

18 a property defnng the requred mnmum dstance between any structure and the ultmate adjacent rght-of-way, and the lne defnng sde and rear yards where requred. 69. SEWAGE DSPOSAL SYSTEM, ON STE: A system of ppng tanks or other facltes servng a lot and collectng and dsposng of sewage n whole or n part nto the sol. 7. SEWAGE DSPOSAL SYSTEM, PUBLC: A santary sewage collecton method n whch sewage s carred from the ste by a system of ppes to a central treatment and dsposal plant SHOULDER: The porton of a roadway (cartway) between the curb or gutter and the travel way ntended for emergency and parkng use. 72. SGHT DSTANCE: The extent of unobstructed vson n a horzontal or vertcal plane, along a street. 73. SLOPE: The face of an embankment of cut secton; <*{ 1 any ground whose surface makes an angle wth the plane of the horzon. Slopes are usually expressed n a percentage based upon vertcal dfference n feet per 1 feet of horzontal dstance. 74. SOL PERCOLATON TEST: A feld test conducted to determne the absorpton capacty of sol to a specfed depth e n a gven locaton for the purpose of determnng sutablty of sol for on-ste sewage dsposal. 75. STREET: An exstng or platted way dedcated for 18 e

19 ~ the-use of the general publc, graded and paved or to be graded and paved, n order that the general publc has the rght to pass and to use t at all tmes for all purposes of travel, transport- aton or parkng to whch t s adapted, devoted, and not other-.vse restrcted. a. Major Traffc Streets are those servng large volumes of comparatvely hgh-speed and long-dstance traffc, and nclude facltes classfed as man and secondary hghways 3y the Pennsylvana Department of Transportaton. Also known 3s arteral streets. b. Collector Streets are those whch, n addton to gvng access to abuttng propertes, ntercept mnor streets md provde route, carryng consderable volumes of traffc, to zommunty facltes and to major traffc streets. c. Mnor Streets are those used prmarly to Jrovde access to abuttng property. d. Margnal Access Streets are mnor street,?arallel and adjacent to major traffc streets, provdng access 1 abuttng propertes and control of ntersectons wth the najor traffc streets. e. Alleys are mnor streets provdng secondary ehcular access to the sde or rear of two or more propertes. 76. STRUCTURE: Any man-made object havng an scertanable statonary locaton on or n land or water, whether 19

20 . or not affxed to the land. 77. SUBDVSON: The dvson or redvson of a lot, tract or parcel of land by any means nto two or more lots, tracts, parcels or other dvsons of land, ncludng changes n exstng lot lnes for the purposes, whether mmedate or future, of lease, transfer or ownershp, or buldng or lot development, provded, however, that the dvson of land for agrcultural purposes nto parcels of more than ten acres, not nvolvng any new street or easement of access shall be exempted. The term "subdvson" ncludes land development, resubdvson and, as approprate n these regulatons, shall refer to the process of subdvdng land or to the land subdvded. 18. SURVEYOR: A lcensed surveyor regstered by the Commonwealth of Pennsylvana. 79. SWALE: A low-lyng stretch of land characterzed as a depresson used to carry surface water runoff. 8. TOP SOL: Surface sols and subsurface sols whch normally are fertle sols and sol materal, ordnarly rch norganc matter humus debrs. Top sol s usually found n the uppermost sol layer called the A Horzon. 81. UNDEVELOPED LAND: Any lot, tract or pracel of land whch has not be,:.. graded or n any other manner prepared for the constructon of a buldng or other mprovement 82. UNT: A part of the property, structure or 2

21 mldng desgned or ntended for any type of ndependent use, rhch has drect ext to a publc street or way, or to an 2asement or rght-of-way leadng to a publc street or way, and ncludes a proportonate undvded nterest n the common elements uhch s assgned to the property, structure or buldng. 3. WATER FACLTY: Any water works, water supply vorks, water dstrbuton system or part thereof, desgned, ntended or constructed to provde or dstrbute potable water. 4. WATERCOURSE: A stream of water, rver, brook, :reek,or a channel or dtch for water, whether natural or mannade. Part 3 Secton 31. Procedures General Procedure. A. Classfcaton of Subdvson 1. Whenever any subdvson of land or land develop- lent s proposed, before any contract s made for the sale of any )art thereof,and before any permt for the erecton of a structure;.n such proposed subdvson or land development shall be granted, :he Owner, or hs authorzed agent, shall apply for and secure tpproval of such proposed subdvson or land development n tccordance wth the followng procedures for subdvson and land levelopment. B. Pre-Applcaton Consultaton 21

22 1. Pror to flng an applaton for approval of a subdvson or land development wthn Packer Townshp, the Owner of hs authorzed agent shall meet wth the Packer Townshp Engneer for an offcal classfcaton of hs proposed subdvson or land development. The Packer Townshp Engneer shall determne whether the proposal shall be classfed as a mnor subdvson, a major subdvson or a land development. At ths tme, the Packer Townshp Engneer shall advse the Owner or hs authorzed agent as to whch of the procedures contaned heren must be followed. C. Offcal Flng Date 1. For the purpose of these regulatons, the offcal flng date shall be the date of the regular meetng of the Plannng Commsson next followng the date the applcaton and plans are receved n the Muncpal Buldng. Provded that should sad regular meetng occur more than thrty (3) days followng the submsson of the applcaton, the offcal flng date shall be the thrteth day followng the day the applcaton has been submtted. 2. Upon recept of an applcaton for subdvson or land development approval the Packer Townshp Secretary shall affx to the applcaton both the date of submttal and the offcal flng date. D. Carbon County Plannng Commsson Revew 22

23 e 1. All plans shall be submtted to and revewed by :he Carbon County Plannng Commsson n accordance wth ts :hen prevalng rules and regulatons. Packer Townshp shall orward to the subdvder a copy of any report of the County 'lannng Commsson. Secton 32. Fee Schedule. A. All flng, nspecton and engneerng fees shall )e submtted to the Packer Townshp Secretary. B. Plan Flng Fee. 1. A flng fee shall accompany the prelmnary plan. 4 applcaton shall be accepted or acted upon unless payment s made to the Packer Townshp Secretary. The Supervsors of. 'acker Townshp shall create by resoluton a schedule of fees to )e pad by the subdvder or land developer to defray the cost )f admnsterng and processng of plans. The schedule of fees nay be changed from tme to tme by resoluton of the Supervsors f Packer Townshp. e C. nspecton and Engneerng Fees 1. The applcant shall pay the approprate fees as _. :rxed from tme to tme by separate resoluton of the Supervsors f Packer Townshp for the followng servces: a. Revewng the Plan's engneerng detals. b. nspectng the layouts of the ste for :onformance to the survey and plan. 23

24 c. Revewng the results of the sols tests. d. Preparng cost estmates of requred mprovements. e. nspectng requred mprovements durng nstallaton. f. Fnal nspecton on completon of nstallat f the requred mprovements. 2. An applcant shall, by flng a plan, be then Jblgated to pay the fees heren provded. The engneerng fees requred to be pad by ths Secton shall be promptly submtted co the Packer Townshp Secretary by the applcant upon the sub- nsson of blls therefore to the applcant from tme to tme by :he Supervsors of Packer Townshp. Secton 33. Mnor Subdvson Procedure. A. Mnor subdvson plans shall be ntated and submtted for revew n the form of a Fnal Plan as specfed n Secton 44 and shall be otherwse revewed n accordance wth ;he procedures and standards of ths Ordnance. B. Addtonal Subdvson 1. Any addtonal subdvson of a tract from ghch a mnor subdvson has already been formed shall be deemed. to be a major subdvson and shall follow the procedure applyng thereto. 24

25 e e Procedure. Secton 34. Major Subdvson and Land Development e e e e e e A. Sketch Plan 1. Prospectve subdvders and developers strongly urged to dscuss possble development stes wth the Plannng Commsson pror to submsson of a prelmnary plan. A sketch plan shall be presented for revew not less than ten (1) days pror to the regular meetng of the Plannng Commsson at whch t s to be consdered. Submsson of a sketch plan wll not zonsttute a formal flng of a subdvson or land development?lan wth the Supervsors of Packer Townshp. Sketch plans should nclude those tems lsted n Part 4, Plan Requrements, B. Prelmnary Plan. 1. Submsson of Prelmnary Plans. a. The prelmnary plan and all nformaton md procedures relatng thereto shall n all respects be n Zomplance wth the applcable provsons of ths Ordnance. t s the responsblty of the subdvder or developer to coordnate ls plans wth the respectve prvate and publc servce agences. b. The applcaton form shall be accompaned JY the requste fee and by not less than three (3) copes of all requred materal and not less than nne (9) prnts of the pre- Lmnary plan of the subdvson or development as requred by?acker Townshp resoluton from tme to tme., 25

26 c. The Packer Townshp Secretary shall forward one (1) copy of the prelmnary plan prnts and one (1) copy of the requred materal to the Carbon County Plannng Commsson and such other agences as he deems approprate for revew and comment. d. The Secretary shall forward the remanng copes of the prelmnary plan prnts and requred materals to the Plannng Commsson. e. When applcable, the applcaton form shall be accompaned by a Plannng Module for Land Development, as requred by the Pennsylvana Department of Envronmental Resource: 2. Revew of Prelmnary Plans - a. n cases where the subdvson or land development adjons an exstng or proposed state hghway or has proposed streets enterng on to state hghways, the developer shall submt the plans to the Pennsylvana Department of Transportaton for revew. b. The Plannng Commsson wll consder the plan to determne f t meets the standards set forth n ths Ordnance. c. The Plannng Commsson shall act on the Prelmnary Plan wthn sxty (6) days of the offcal flng date, but n any event shall act on the plan n tme for the Board of Supervsors of Packer Townshp to render ther decson wthn 26

27 nnety (9) days from the offcal flng date. n the event that any varance from ths Ordnance s requested by the applcant or s deemed necessary for approval, the varance and the reasons for ts necessty shall be entered nto the records of the Townshp Supervsors Plannng Commsson Recommendaton a. The Plannng Commsson shall recommend dhether the Prelmnary Plan shall be approved, approved wth nodfcatons, or dsapproved, and shall notfy the Board of Supervsors of Packer Townshp n wrtng thereof, ncludng, f dsapproved, a statement of reasons for such acton. b. n makng ts recommendaton, the Plannng Commsson shall consder the recommendatons of the Packer Townshp Engneer, the Packer Townshp Sewage Enforcement 3ffcer, and Carbon County Plannng Commsson, nterested resdents, and the recommendatons of any agency or agences from, dhch a revew was requested Packer Townshp Engneer Revew a. All plans shall be revewed by the Packer rownshp Engneer, whch approval shall precede the transmsson 3f such plans to the Supervsors of Packer Townshp. 5. Resubmsson of Prelmnary Plans a. A revsed plan submtted after dsapproval ;hall be consdered, and processed as a new plan submsson. 4 21

28 6. Approval of Prelmnary Plans a. The Supervsors of Packer Townshp shall sct on the prelmnary plan wthn nnety (9) day of the offcal Elng date. Falure to do so shall be deemed an approval. Before actng on a prelmnary plan, the Supervsors of Packer Pownshp may hold a hearng thereon after publc notce. b. The Supervsors of Packer Townshp shall otfy the applcant of ts decson to approve, approve wth :ondtons, or dsapprove the prelmnary plan n wrtng. Such otce shall be gven to the applcant n person or maled to m at hs last known address not later than ffteen (15) days Eollowng the decson. f the plan s approved wth condtons )r dsapproved, the Supervsors of Packer Townshp shall specfy n ther notce the condtons whch must be met and/or the efects found n the plan, and the requrements whch have not een met, ncludng specfc reference to provsons of any statute or ordnance whch have not been fulflled. c. Approval of the prelmnary plan shall :onsttute approval of the subdvson or land development as to :he character and ntensty of development, the arrangement and pproxmate dmensons of streets, lots, and other planned features. The approval bnds the subdvder or developer to the Tenera1 scheme of the subdvson shown, unless a revsed pre-.hnary plan s submtted, and permts the subdvder to proceed 28

29 . tth fnal detaled desgn of mprovements, to arrange for parantee to cover nstallaton of the mprovements, and to xepare the fnal plan. Approval of the prelmnary plan does lot authorze the sale of lots nor the recordng of the prelmnary plan. C. Fnal Plan 1. Submsson of Fnal Plans a. After the subdvder or developer has receved offcal notfcaton from the Supervsors of Packer Fownshp that the prelmnary plan has been approved, he must jubmt a fnal plan n accordance wth the provsons of Secton 58 of the Muncpaltes Plannng Code. b. The fnal plan shall conform n all respects wth the approved prelmnary plan. f t does not, :he plan submtted shall be consdered as a revsed prelmnary )lan and shall be forwarded by the Packer Townshp Secretary :o the Plannng Commsson for revew and recommendaton as a lrelmnary plan. c. The subdvder or developer must submt lth the fnal plan a guarantee for the nstallaton of mprovenents whch meets the requrements of Part 6. d. The applcaton form shall be accompaned,y the requste nspecton and engneerng fees. e. Documented approval of the Plannng Module 29

30 for- Land Development by the Pennsylvana Department of Envron- mental Resources shall be a part of the requste materals accompanyng the Fnal Plan submsson. f. The subdvder or developer shall submt a reproducble orgnal of the plans, nne (9) prnts of the fnal subdvson or land development plans and at least three ( 3, copes of all other requred nformaton. g. Upon recept of the fnal plan, the ' e Packer Townshp Secretary shall forward the orgnal plans and fve (5) copes of the plans and one (1) copy of all the other materal to the Plannng Commsson for revew and recommendaton; one (1) copy of the plan and one (1) copy of all the materal. to the Carbon County Plannng Commsson; one (1) copy of the plan; to the Packer Townshp Sewage Enforcement Offcer; and copes to ~ such other agences whose recommendatons would be pertnent to the processng of the plan. 2. Revew of Fnal Plans a. The Plannng Commsson wll revew the plan and requste materals for complance wth the approved prelmnary plan and for conformance to the requrements of ths Ordnance. b. The Plannng Commsson shall act on the fnal plan wthn sxty (6) days of the offcal flng date. 3. Plannng Commsson Recommendaton 3

31 . a. The Plannng Commsson shall recommend Mhether the fnal plan shall be approved, approved wth modfcatons, or dsapproved, and shall notfy the Supervsors of Packer Townshp n wrtng thereof, ncludng, f approved wth nodfcatons or dsapproved, a statement of reasons for such acton. b. n makng ts recommendaton, the Plannng :ommsson shall consder the recommendatons of the Packer Pownshp Engneer, the Packer Townshp Sewage Enforcement Offcer, the Carbon County Plannng Commsson, Penn DOT, and the recommendatons of any agency or agences from whch a revew gas requested. 4. Packer Townshp Engneer Revew a. All plans shall be revewed by the Packer Cownshp Engneer, whch approval shall precede the transmsson f such plans to the Supervsors of Packer Townshp. 5. Resubmsson of Fnal Plans a. A revsed plan submtted after dsapproval shall be consdered and processed as a new plan submsson. 6. Approval of Fnal Plans a. The Supervsors of packer Townshp wll not zake offcal acton to approve a Fnal plan unless t s lccompaned by a guarantee for the nstallaton of mprovements ghch meet the requrements of Part 6. 31

32 b. The Supervsors of Packer Townshp shall take acton wthn nnety (9) calendar days from the offcal flng date of the fnal plan. c. The Supervsors of Packer Townshp shall notfy the applcant n wrtng of ts decson to approve, approve wth condtons, or dsapprove the fnal plan. Such notce shall be gven to the applcant n person or maled to hm at hs last known address not later than ffteen (15) days followng the decson. f the fnal plan s dsapproved, the Supervsors of Packer Townshp shall specfy the defects found n the plan and the requrements whch have not been met, ncludng specfc reference to the provsons of any statute or ordnance dhch have not been fulflled. d. f the fnal plan s approved subject to Condtons, the Supervsors of Packer Townshp shall not endorse the plan untl all of the condtons have been met. e. f the Supervsors of Packer Townshp approve the fnal plan or grant a condtonal approval, they shall set the amount of bondng or other securty necessary to ~uarantee the constructon of mprovements and communty Eacltes and shall state such amount n the notce to the 3pplcant. 7. Recordng of Fnal Plans a. Upon approval of the fnal plan, the 32

33 subdvder or developer shall prepare one (1) transparent re- producton of the orgnal fnal plan on stable plastc base flm and no less than four ( 4) prnts thereof whch shall be submtted to Packer Townshp not later than thrty (3) days after approval. These plans, upon satsfacton of all condtons attached to the approval, wll be sgned by the Supervsors of Packer Townshp. A copy of the sgned fnal plan shall be recorded n the offce of the Carbon County Recorder of Deeds wthn nnety (9) days after approval of the fnal plan or the approval of the Supervsors of Packer Townshp shall be null and vod. The fnal plan must be recorded before proceedng wth the ' 1 sale of lots or constructon of buldngs. - Part 4 j Plan Requrements Secton 41. Applcaton 41.1 All sketch, prelmnary and fnal plans submtted, for approval or revew shall meet the requrements outlned n 1 the followng Sectons. Secton 42. Sketch Plans 42.1 f a sketch plan s submtted, t shall contan, at least the followng data, legbly drawn to scale, but not necessarly showng precse dmensons. a. Tract boundares b. Name of muncpalty 33

34 O c. North pont, scale and date d. Sgnfcant topographcal and physcal features e... Proposed general street and lot layout f. Sol overlay, topography of tract Secton 43. nformaton to be Shown on Prelmnary Plans 43.1 The prelmnary plan shall be at a scale of not more than one hundred (1) feet to the nch The prelmnary plan shall show: located..a. was completed. Proposed name of subdvson. /b. Name of muncpalty n whch the subdvson s C. North pont, graphc scale, and date the layout /d. Name of the record owner and the subdvder. e. Name of the regstered engneer, surveyor or archtect responsble for the plan. 4. Tract boundares showng bearngs and dstances. ug. Total acreage of the proposed subdvson and sols overlay of the entre tract. /h. The names of owners of all resdent property owners adjonng property and the names of all abuttng subdvsons. /. Contours at vertcal ntervals of fve (5) feet or, n the case of relatvely level tracts, at such lesser 34

35 e nterval as may be necessary for satsfactory study and plannng of the tract. j. Datum to whch contour elevatons refer. Where reasonably practcable, data shall refer to known, establshed elevatons. k. All exstng water courses and other sgnfcant natural features. 1. All exstng buldngs, sewers, water mans, culverts, transmsson lnes, fre hydrants, and other sgnfcant man-made features. m. All exstng streets, state legslatve route numbers, ncludng streets of record (recorded but not physcally exstng) on or adjacent to the tract, ncludng name, rght-of- way wdth and pavement wdth. e n. Locaton and wdth of all proposed streets, alleys, rght-of-way and easements, proposed lot lnes wth approxmate dmensons; playgrounds, publc buldngs, publc e areas and parcels of land proposed to be dedcated or reserved for publc use. e. where the prelmnary plan covers only a part of the subdvder's entre holdngs, a sketch shall be submtted 3f the prospectve street layout for the remander. p. Copes of the proposed deed restrctons, f my, shall be attached to the prelmnary plan. e 35

36 q. A complete report on sub-surface coal and mnng condtons whch shall ndcate condtons of mnng, f any, and a statement on the possblty of subsdence. any rear yard lne. r. Buldng setback or front yard lnes, and s. Prelmnary profles and other explanatory data concernng the nstallaton of santary and storm sewage systems and water dstrbuton systems. t. Areas subject to perodc floodng. u. Evdence that the subdvder has a current j Pennsylvana Department of Transportaton occupancy permt for the subdvsons abuttng a state hghway. v.. A small locaton map at a scale of 1 nch equals j 2 feet accurately traced from the muncpal base map or the U.S. geologcal survey map of the area. t shall show the locaton of the proposed development n relaton to major roads and other ponts of reference. w. Tax map sheet and block numbers. x. Ste amentes such as outstandng vews, sgnfcant tree masses, major rock outcrops. y. The prelmnary plan must also be accompaned by a sedment and eroson control plan that comples wth Department of Envronmental Resources regulatons ttle 25 Rules : and Regulatons, Part 1, Department of Envronmental Resources, 36

37 Subpart C, Protecton of Natural Resources, Artcle 2, Water Resources, Chapter 13, Eroson Control provsons ssued under Act of June 22, 1937, P.L. 1987, Sectons 5 & 42 (35 P.S. Sect & ) adopted September 21, on Secton 44. nformaton to be Shown on Fnal Plan 44.1 Plan Sze and Legblty a. The subdvson plan submtted for fnal approval shall be a clear legble whte prnt or an nk drawng. b. Fnal plans shall be on sheets not larger than 34 nches by 44 nches overall. t s recommended that as far as practcable, fnal plan sheets shall be held to the followng overall szes: 17 nches by 22 nches; 22 nches by 34 nches; 34 nches by 44 nches. Where necessary to avod sheets larger than the maxmum sze prescrbed above, fnal plans shall be drawn n two or more sectons accompaned by a key dagram showng the relatve locaton of the sectons. c. Corrected and updated materal from the prelmnary plan Fnal Plan Revew. The fnal plan shall n all respects conform to the prelmnary plan as revewed by the Plannng Commsson and to any other requrements the Plannng Commsson may have ndcated at the tme of prelmnary revew as necessary for fnal revew nformaton. n addton to the requrements 37

38 . of -Secton 43, fnal plans shall show or be accompaned by the followng nformaton. a. The boundary lnes of the area beng sub- dvded. These boundares shall be determned by accurate survey n the feld whch shall be balances and closed wth an error of closure not to exceed one (1) foot n fve thousand (5) feet. b. Street lnes, lot lnes, rghts-of-ways ease- ments, and areas dedcated or proposed to be dedcated to publc use. c. Suffcent data to determne readly the locato bearngs and length of every sheet, lot, and boundary lne and to reproduce such lnes on the ground. d. The lengths of all straght lnes, rad, lengths of curves and tangent bearngs for each street. e. All dmensons and angles or bearngs of the lnes of each lot and of each area proposed to be dedcated to publc us'e. f. Locaton and wdth of all prvate drveways. g. Locaton, sze and nvert elevaton of all santary, storm and combned sewers and locaton of all manholes,, nlets and culverts. h. All dmensons shall be shown n feet and n hundredths of a foot.. Block and lot numbers. 38

39 j. Names of streets wthn and adjacent to the subdvson. plan. k. Permanent reference monuments shall be shown. 1. Complete curve data for all curves ncluded n tt 3 such easements. m. Easements for utltes and any lmtatons of n. Restrctons of all types whch wll run wth the land and become covenants n the deeds for lots should be n a separate nstruments, referenced to the drawng Documentaton. Fnal plans shall be accompaned by the followng documents: - 1 a. An affdavt that the applcant s the owner of the land proposed to be subdvded. b. A statement duly acknowledged before an offcer authorzed to take acknowledgement of deeds and sgned by the owner or owners of the property, to the effect that the sub- dvson as shown on the fnal plan s made wth hs or ther free consent and that t s desred to record the same. c. Certfcate of dedcaton of streets and other publc property where approprate. d. Certfcaton by the Packer Townshp Engneer that the subdvder has met the requrements of Part 6 of ths Ordnance. 39

40 e. Typcal cross sectons, street profles and dranage detals for all streets. Such profles shall show at least the followng: exstng (natural) grade along the pro- posed street centerlne; exstng (natural) grade along each sde of the proposed street rght-of-way; proposed fnshed centerlne grade or proposed fnshed grade at top of curbs; santary sewer mans and manholes, storm sewers mans, nlets, manholes and culverts. f. Protectve covenants, f any, n form for recordng. g. Wrtten communcaton that utltes servng the area of the proposed subdvson have been consulted wth respect to sze, locaton and use of utlty easements. h. Such prvate deed restrctons ncludng buldng set back lnes as may be mposed upon the property as a condton to sale.. Developer must submt a copy of letter from the. U.S. Department of Housng and Urban Development (HUD) ndcatng that the developer has satsfed the requrements of HUD n regard to nterstate sales. Part 5 Desgn Standards Secton 51. Applcaton 51.1 Standard to be Appled. The desgn standards 4

41 ~ 3 culture, Sol Conservaton Servce Natural and Hstorc Feature Preservaton. The ~ 41 j

42 parks, adequate open space for recreaton, lght and ar for proper dstrbuton of populaton thereby creatng condtons favorable to the health, safety, morals and general welfare of the ctzens and for the harmonous development of the muncpalty. Some of these features are the natural dranage, large trees or groves, water courses and falls, hstorc areas and structures, exceptonal scenc vews and other communty assets. Land subject to hazardous condtons such as open quarres, uncon- soldated fll, floods, precpces, and water supply shall not be subdvded untl the hazards have been elmnated or wll be overcome by the subdvson and proposed constructon. Other- wse, ths land must be set asde for uses whch wll not be endangered by such adverse nfluences. a. Topsol Protecton. No topsol shall be removed j from the ste or used as sol. Topsol must be removed from the areas of constructon and stored separately. Upon completon 1 ~ of the constructon, the topsol must be redstrbuted on the ste.; b. Lake and Rverfront Protecton. Land subject ; to floodng and land deemed by the Supervsors to be unnhabtable 1 for other reasons shall not be plotted for resdental occupancy, 1 or for such other uses as may ncrease danger to health, lfe,, l or property, or aggravate the flood hazard; but such land may be set asde for park or open space uses. No. buldng shall be permtted wthn 6 horzontal

43 eet of the medan ordnary hgh water level or so that ts owest floor s less than three feet above the ordnary hgh later lne. No structure may be erected beyond the wharf or ock lne Communty Facltes and Master Plan Requrements The Supervsors wll consder the adequacy of the exstng or proposed communty facltes to serve the uses proposed n the subdvson. Where a proposed park, playground, school or other publc use shown n a muncpal Master Plan s located n whole or n part n a subdvson, the Supervsors may requre the provson or reservaton of such area as may be deemed reasonable; provded that such provson or reservaton s acceptable to the muncpalty. a. Areas provded or reserved for such communty facltes should be adequate to provde for buldng stes, landscapng and off-street parkng as approprate to the use proposed. b. The layout of the proposed subdvson shall be n general conformty wth the features or developments proposed n the Master Plan of the muncpalty n whch the subdvson s located Water Supply and Sewage Dsposal. All subdvsons and land developments shall be served wth an adequate water supply and sewage system, ether on-lot publc or prvate 43

44 B / B central systems applcable to the approprate State agency. a. Publc or Prvate Central Water System. Sub- dvders and land developers shall provde connecton to a publc water system where such system s avalable, or they may provde ther own central system. Whenever publc or central water systems are used, fre hydrants shall be provded by the developer so that no structure s more than 5 feet from a hydrant. Every publc or central water system shall also be organzed n such a manner as to be placed under the jursdcton of the approprate State agency. b. Central Sewers. Subdvders or land developers shall provde house or moble home sewer connectons to a publc water system f such sewer system s nearby. f a County Plan or ollowng crcumstances are nterpreted by the Supervsors and the 3pproprate State agency as requrng central sewers. 1) When the water percolaton rate of sol zxceeds 6 mnutes for one nch; 2) When sol condtons nterpreted by the 44

45 ~ approprate State agency and the U.S. Sol Conservaton Servce ndcate seasonally hgh water table or other factors whch Mould nhbt proper effluent conveyance; 8 3) When more than 1 resdental lots wth an average sze of an acre or less may be subdvded or developed wthn three to fve years n one tract; 4) When a subdvson or non-resdental development of fve or more acres wll regularly cause or result n an average densty of ffteen or more persons per acre for a perod of at least fve consecutve hours. Every sewage collecton and treatment system shall be organzed n such a way as to be brought under the. jursdcton of the approprate State agency Easements. a. Easements wth a mnmum wdth of ten (1) feet plus the wdth of any requred ppe or other mprovements shall be provded as necessary for utltes. b. To the fullest extent possble, easements shall be centered or adjacent to the rear or sde lot lnes. c. Where a subdvson s traversed by a water- course, there shall be provded a dranage easement or rght-of- *ray conformng substantally wth the lne of such watercourse and of such wdth as wll be adequate to preserve natural dran- age. 45

46 d. Before determnng the locaton of easements, the plan shall be dscussed wth the local publc utltes to assure the proper locaton of easements for the nstallaton of such servce Blocks. a. The length, wdth and shape of blocks shall be determned wth due regard to the followng: 1. Provsons of adequate stes for buldngs of the type proposed. 2. Zonng requrements. 3. Topography. 4. Requrements of safe and convenent vehcular and pedestran crculaton. 5. Blocks shall be of suffcent wdth to permt two ters of lots of approprate depth except where an e nteror street parallels a Major Traffc Street, or except where t backs up to a ralroad, tree or other natural barrer, or unsubdvded area. 6. Pedestran nteror walks may be requred to assst crculaton or provde access to communty facltes n blocks over twelve hundred (12) feet or to provde pedestran walk-way contnuty wthn a gven subdvson. Such crosswalks shall have a wdth of not less than ten (1) feet and a paved walk of not less than four ( 4) feet. 46