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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: Chapter 146, SUBDIVISION AND LAND DEVELOPMENT

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 6-13-1991 by Ord. No. 1697. (This ordinance also repealed former Ch. 146, Subdivision of Land, adopted 12-14-1961 by Ord. No. 1048, as amended.) Amendments noted where applicable.]

GENERAL REFERENCES

Planning Commission -- See Ch. 31.

Building construction -- See Ch. 62.

Numbering of buildings -- See Ch. 111.

Real estate registry -- See Ch. 125.

Sewers and sewage -- See Ch. 132.

Streets and sidewalks -- See Ch. 143.

ARTICLE I, General Provisions

146-1. Establishment; title.

A. This chapter establishes regulations and standards governing subdivision and land development within the Township of Abington, setting forth the procedures to be followed by the Board of Commissioners, Planning Commission and authorized municipal personnel in administering the provisions set forth and establishing the penalties for the violation thereof.

B. This chapter amends Chapter 146 of the Abington Township Code by deleting it in its entirety and replacing it with the contents herein.

C. This chapter shall be known and may be cited as the "Subdivision and Land Development Regulations of the Township of Abington."

146-2. Adoption; repealer; when effective.

A. The Board of Commissioners of the Township of Abington herein adopt an ordinance establishing regulations and standards governing the approval of subdivision and land development within the municipality.

B. These regulations shall become effective five days after adoption and shall remain in effect until modified, amended or rescinded by the Board of Commissioners.

C. All previous municipal subdivision and land development regulations and subsequent amendments thereto are hereby repealed.

146-3. Purpose.

This chapter is established to regulate and control the subdivision and development of land within the Township of Abington, so as to provide for:

A. Sites suitable for building purposes and human habitation;

B. The harmonious development of the community in conformance with the Township Comprehensive Plan and Zoning Ordinance;EN

C. The installation, coordination and expansion of facilities such as drainage, sewerage, streets, utilities and improvements; and

D. Subdivision and development of land to promote and protect the health, safety and general welfare of the community.

146-4. Statutory authority; submission of plans.

A. Article V of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, latest revision by Act 170 of 1988,EN provides that the Township of Abington may regulate subdivision and land development by enacting an ordinance for that purpose.

B. This chapter requires that all plans for the subdivision or development of land lying within the Township of Abington are to be submitted to the Board of Commissioners for approval, in accordance with the procedures set forth in this chapter.

C. Illustrations in this chapter are not part of the chapter, but are included herein for purposes of explanation and clarification.

146-5. Interpretation.

A. In interpreting and applying the provisions of this chapter, the Board of Commissioners shall hold them to be the minimal standards for the promotion of the public health, safety and general welfare.

B. Where the provisions of this chapter impose greater restriction than those of any other ordinance or statute, this chapter shall prevail. Where the provisions of other ordinances or statutes impose greater restriction than this chapter, those regulations shall prevail.

146-6. Plan approval required; restrictions.

A. Plan approval required. No individual, partnership, corporation or other entity shall subdivide or develop land in the Township of Abington unless and until a final plan thereof has been:

(1) Prepared and submitted according to the provisions of this chapter;

(2) Approved, in writing thereon, by the Board of Commissioners;

(3) Where applicable, secured by the completion of public improvements or by financial security to guarantee completion of public improvements; and

(4) Recorded by the County Recorder of Deeds.

B. Restriction. No subdivision or development of any lot, tract or parcel of land shall be made, no street, sanitary or storm sewer, water main or other improvement in conjunction therewith shall be laid out, constructed, opened or dedicated for public use or for the common use of occupants of buildings on or abutting said lot, tract or parcel of land nor shall any lot in a subdivision or potential land development site be sold or issued permits to erect, alter or repair any building thereon unless there is a final plan and until the final plan therefor complies with the provisions of this chapter.

ARTICLE II, Definitions

146-7. Word use.

A. For the purpose of this chapter, the words and terms used herein shall be interpreted as follows:

(1) Words in the singular include the plural, and those in the plural include the singular.

(2) Words used in the present tense include the future tense.

(3) Reference made in the masculine includes the feminine.

(4) The words "should" and "may" are permissive; the words "shall" and "will" are mandatory and directive.

(5) The word "municipality" or "township" shall always mean the Township of Abington.

(6) The Township of Abington and Abington Township may be used interchangeably.

B. Any word or term not defined herein shall be used with a meaning of standard usage.

146-8. Definitions.

Unless a contrary intention clearly appears, the following words and phrases shall have, for the purposes of this chapter, the meanings given in the following definitions:

ACREAGE, DEVELOPABLE -- The remaining portion of a tract of land after excluding land without development opportunities, such as easements, rights-of-way, floodplains, steep slopes and resource-protected areas, as described in the Township Zoning Ordinance.EN

AGENT -- Any person, other than the landowner, who is authorized, in writing, to act on the behalf of an applicant for plan approval.

APPLICANT -- An individual, partnership, corporation or other entity who files an application for subdivision or land development under the provisions of this chapter, with the written permission of the landowner of record.

APPLICATION -- The complete set of materials, including but not limited to forms and plans, required for submission of plan approval under the provisions of this chapter.

BLOCK -- An area bounded by streets, public parks, cemeteries, rights-of-way or boundary lines of the Township of Abington or any combination thereof.

BUFFER -- A strip of land adjacent to the boundary of a property or zoning district, not less in width than is designated in the Township Zoning Code, on which is placed plantings or screening of sufficient height and density to visually protect and screen an abutting property or zoning district.

BUILDER -- An individual, partnership, corporation or other entity who by contract is charged with the responsibility of constructing buildings, structures or construction of improvements on a parcel of land.

BUILDING COVERAGE -- The total maximum horizontal covered land area at or above grade, including but not limited to structures and accessory structures.

BUILDING HEIGHT -- The vertical distance measured from the average elevation of the proposed finished grade around the building to the highest point of the roof for flat roofs, to the coping line for mansard roofs and to the ridgeline for ridge, gable, hip and gambrel roofs.

BUILDING INSPECTOR -- The official of the township appointed to inspect structures for compliance with the Building Code of Abington Township.EN

BUILDING SETBACK LINE -- A line within a lot designated on a plat, established by deed or zoning ordinance, between which line and a street, property or easement line on which the lot abuts, a principal building shall not be erected.

CARTWAY -- The portion of a street or right-of-way, which is paved and intended for vehicular use.

CLEAR SIGHT TRIANGLE -- An area of unobstructed vision at street or driveway/street intersections defined by lines of sight between points established by this chapter.

CODE ENFORCEMENT AND LAND DEVELOPMENT COMMITTEE -- A subcommittee of the Board of Commissioners which is involved in the plan application review process.

COMPREHENSIVE PLAN -- The Abington Township Comprehensive Plan, adopted by the Board of Commissioners.

CUL-DE-SAC -- A street intersecting with another street at one end and terminating in a vehicular turnaround at the other end.

DENSITY -- A ratio of the number of dwelling units per acre on developable acreage.

DEVELOPER (LAND) -- A landowner, partnership, corporation or other entity who makes or causes physical land development and land improvement to occur.

DEVELOPMENT -- Any man-made change to improve, unimprove or alter real estate, including but not limited to erecting buildings or other structures, the placement of mobile homes, installing streets, impervious paving, utilities, excavating, filling, grading, mining, drilling, blasting and subdivision of land.

DRAINAGE -- The flow of water or liquid waste and the methods of directing such flow, whether natural or artificial.

DRIVEWAY -- A strip of land intended for use as a means of vehicular and pedestrian access from a public street to not more than one lot.

DWELLING -- A building designed and constructed for residential purposes in which people live or are intended to live.

DWELLING UNIT -- A single room or two or more connected rooms constituting a separate, independent housekeeping establishment for living, sleeping and sanitation purposes and physically separated from other rooms or dwelling units which may be in the same structure and containing a kitchen with fixed cooking facilities arranged for occupancy by an individual or one family.

EASEMENT -- A right-of-way or other right granted for the limited use of private land for private, common or public use which is recorded in the office of the Recorder of Deeds.

ENGINEER -- A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer of the Township of Abington.

EROSION -- The removal of soil and surface materials by the action of natural elements.

EXCAVATION -- Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, including the conditions resulting therefrom.

FILL -- Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface, including the conditions resulting therefrom; the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; the material used to make fill.

FIRE MARSHAL -- The official designated by the Board of Commissioners to perform fire inspections and assume firesafety for the township.

FLOOD ELEVATION -- The one-hundred-year-flood elevation, as determined by the Flood Hazard Boundary Map, plus free board safety factor of 11/2 feet.

FLOOD HAZARD BOUNDARY MAP -- Maps prepared by the Federal Insurance Administration of the United States Department of Housing and Urban Development, the Philadelphia District Corps of Engineers Study and the Soil Survey of Montgomery County, which designates the boundaries of the floodplain areas having special flood hazards in the Township of Abington.

FLOODPLAIN -- The area which would be inundated by stormwater turnoff equivalent to that which would occur with a rainfall of one-hundred-year frequency, as indicated on the Flood Plain Conservation District Zoning Map.EN

FLOODPLAIN SOILS -- Soils in areas subject to periodic flooding and listed in the Soil Survey of Montgomery County, Pennsylvania, United States Department of Agriculture, Soil Conservation Service, April 1967, as being on the floodplain or subject to flooding. Floodplain soils include, but are not limited to: Bermudian silt loam; bouldery alluvial land; Bowmansville silt loam; Coduras silt loam; Hatboro silt loam and Rowland silt loam.

FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas required to carry and discharge the flood of the one-hundred-year magnitude without causing more than a one-foot rise in the flood heights at any point.

GRADE -- The slope of the land or public improvement, specified in percent.

GRADE LANDING -- The grade required at points of street intersections as specified herein.

GRADING -- The changing of the grade of existing ground surface of a site by excavation or fill or combination of both.

GROSS FLOOR AREA -- The total area included within the exterior walls of a building.

IMPERVIOUS SURFACE -- Surfaces that do not absorb rainwater. All buildings, parking areas, driveways, roads, sidewalks, swimming pools and any areas in concrete or asphalt shall be considered impervious surfaces within this definition. In addition, other surfaces determined by the Township Engineer to fall within the scope of this definition shall be considered "impervious."

IMPERVIOUS SURFACE RATIO -- A measure of the intensity of use of a parcel of land. It is calculated by dividing the total area of all impervious surfaces within the site by the area of the site.

IMPROVEMENTS (PUBLIC) -- Considered to include grading, paving, curbing, streetlights, street signs, fire hydrants, water mains, gas mains, sanitary sewers, storm sewers, detention basins, inlets and appurtenances, culverts, bridges, sidewalks, crosswalks, monuments, telephone and electric lines, shade trees, buffer and green space plantings, open space reconstruction, recreational facilities, buildings, accessory structures and all construction appurtenances incidental thereto.

LAND DEVELOPMENT -- See 146-9C(2) under land development plan.

LOT -- A parcel, tract or area of land, described by metes and bounds and established by a plat or otherwise permitted by law, the description of which has been recorded in the office of the Recorder by deed or plat.

A. LOT AREA -- The area contained within the property lines of a lot as shown on a subdivision or land development plan, excluding space within an existing or future right-of-way, but including the area of any easement.

B. LOT, CORNER -- A lot at the junction of and abutting on two or more intersecting streets or at the point of abrupt change of a single street, where the interior angle is less than 135 and the radius of the street is less than 100 feet.

C. LOT, INTERIOR -- Any lot which is not a corner lot.

D. LOT, DEPTH -- The average distance between the front and rear lot lines.

E. LOT, FRONTAGE -- The front of a lot shall be that lot line nearest to an improved public or private street. With regard to corner lots, all sides of a lot adjacent to street lines shall be considered frontage where front yard requirements prevail.

F. LOT, LINES -- The lines bounding a lot as defined herein.

G. LOT, WIDTH -- The distance measured between lot lines other than the front and rear lot lines, at the front building setback line.

MOBILE HOME -- A transportable, single-family dwelling intended for permanent occupancy, office space or place of assembly, contained in one unit or in two or more 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 permanent foundation.

MOBILE HOME DEVELOPMENT (PARK) -- A parcel or contiguous parcels of land which have been so designated and improved that it contains two or more lots, improved with the necessary utility connections and other appurtenances necessary for the placement thereon of a single mobile home. Mobile home development is regulated by the Zoning Code, and a development plan is required according to the standards of this chapter.

MONUMENT -- A stone or concrete marker with a flat top of a least four inches square; scored with an "X" to mark a reference point; at least 30 inches in length; the bottom sides of which are at least two inches greater than the top to minimize movements caused by frost.

MUNICIPALITIES PLANNING CODE (MPC) -- Pennsylvania Act 247 of 1968, latest revision Act 170 of 1988, the enabling legislation governing municipal land development, planning, subdivision and zoning regulations.EN

OFFICIAL MAP -- The current adopted map for the Township of Abington, showing the location of existing streets, rights-of-way, unopened streets and public grounds accepted by the township through dedication or deed.

OPEN SPACE -- A parcel or parcels of land or an area of water or a combination of land and water within a development site, interconnected and designed for the use and enjoyment of the residents of a development and or community, not including streets, off-street parking areas, required yards and areas set aside for public facilities. "Open space" shall be substantially free of structures but may contain such improvements as are set forth and approved in a development plan and as are appropriate for the recreation of residents served thereby. "Open space" may be set aside in one or a combination of the following ways:

A. DEDICATED -- An area or areas offered to and accepted by the Board of Commissioners for use by all the residents.

B. DEED-RESTRICTED -- An area or areas set aside specifically for the use of residents within the development and integrated in the development to distribute and interconnect the open spaces throughout the development.

OWNER (LAND) -- The individual, partnership, corporation or other entity who is the owner of record, as described in the office of Recorder of Deeds of the real estate to be subdivided or developed under the terms of this chapter.

PLANNED CLUSTER DEVELOPMENT -- An area of land under single and separate ownership, to be developed as a single entity for a number of dwelling units, the development plan for which complies in lot size, density, dwelling type, lot coverage, open space and other dimensional characteristics set forth in any one residential zoning district established by the Comprehensive Plan. "Planned cluster development" is regulated by the Zoning Ordinance.EN

PLANNING COMMISSION -- The Planning Commission of the Township of Abington.

PLANNING MODULE -- An application required by the Pennsylvania Sewage Facilities Act, Section 5(a) and (d),EN and Section 71.15(b) and (c) of the Pennsylvania Department of Environmental Resources, Title 25: Rules and Regulations, Chapter 71, Administration of the Sewage Facilities Program, as amended.

PLANTING AREA -- An area designated for landscaping purposes, buffer area and green space area.

PLAT -- The map or plan of a subdivision or land development, whether preliminary, final or record.

RIGHT-OF-WAY -- A strip of land occupied or set aside for use as a street, utility area, drainage area, travel way or other special use. "Existing right-of-way" is the legal right-of-way established by appropriate governing bodies. "Ultimate right-of-way" is demonstrated as appropriate maximum dimensions reserved to provide adequate future use of the right-of-way.

RUNOFF -- Surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.

SEWAGE ENFORCEMENT OFFICER -- The official designated by the Board of Commissioners to review on-site septic system designs and plan application compliance with the township-adopted Act 537 Sewage Plan.

SEWER FACILITY -- Any municipally or privately owned sewer system which collects sewage from two or more lots and treats or disposes of such waste at an approved sewage disposal plant.

SIGHT DISTANCE -- The distance of unobstructed view along the center line of a street from the driver's height to the farthest visible point four feet above the street grade.

SITE -- A parcel or contiguous parcels of land defined by survey and intended to have one or more buildings or intended to be subdivided into two or more lots.

SLOPE -- The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. "Slope" is expressed as a percentage based upon the vertical difference in feet per 100 feet of horizontal distance or as the relationship of the horizontal distance to the vertical distance.

SOIL SURVEY -- A report entitled "Soil Survey of Montgomery County, Pennsylvania," published April 1967 by the Soil Conservation Service, United States Department of Agriculture.

STORM DRAINAGE FACILITY -- Any ditch, gutter, pipe, culvert, swale, storm sewer, detention basin or other structure designed or constructed for the purpose of diverting surface water runoff.

STEEP SLOPE -- Natural or man-made areas where the slope of land exceeds 15%.

STREET -- A strip of land, including the existing right-of-way and not limited to a paved cartway, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot and which includes thoroughfare, alley, avenue, boulevard, court, expressway, highway, lane and roadway. A "street" can be public or private.

STREET LINE -- The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way, provided that, where an ultimate right-of-way width for a road or street has been established by ordinance or official map, then that width shall determine the location of the street line.

STRUCTURE -- A combination of materials assembled, constructed or erected at a fixed location, including a building, the use of which requires location on the ground or attachment to something having location on the ground. Nonelevated driveways, parking lots, walkways, sidewalks and the like shall not be considered "structures." Swimming pools and recreational courts are considered to be "structures."

SUBDIVIDER -- Any individual, partnership, corporation or other legal entity which undertakes the subdivision of land, as defined herein, as the owner, lessee, equitable owner or agent of the land being subdivided.

SUBDIVISION -- See 146-9C(1) of this chapter.

SUBSTANTIALLY COMPLETED -- Where, in the judgment of the Township Engineer, at least 90% 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 registered land surveyor licensed as such by the Commonwealth of Pennsylvania.

SWALE -- A low-lying stretch of land which gathers or carries surface water runoff.

USE -- Any activity, occupation, business or operation carried on or intended to be carried on in a structure or on a parcel of land.

USGS -- United States Geological Survey.

WATERCOURSE -- Any permanent or intermittent stream, river, brook, creek or a channel, ditch or swale, whether natural or man-made, for the conveyance of surface and underground water. Storm sewers are considered as watercourses.

WATER SUPPLY -- Any system for the distribution of water to more than one user unit (dwelling, business, institution or combination thereof).

WETLAND -- Those land areas which are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas as set forth by the United States Environmental Protection Agency.

YARD -- An open area, unobstructed from the ground up by a principal structure, on a lot and extending along a lot line or street line inward to the structure. The length of a yard shall be measured as the shortest distance between the structure and a lot or street line.

ZONING ORDINANCE -- The current adopted Zoning Ordinance of the Township of Abington, as amended.EN

ZONING/PLANNING OFFICIAL -- The Planning and/or Zoning Official designated by the Board of Commissioners to execute the duties expressed in this chapter and the Municipalities Planning Code.EN

537 PLAN -- The adopted sewage facilities plan of the Township of Abington.

ARTICLE III, Plan Application Requirements

146-9. Type of application.

The purpose of this section is to identify the various plan applications which may be submitted to the township based upon the category of improvements, the type of plan and the stages of review required and to describe the plan components required for each submission.

A. Stages.

(1) Preliminary plan. A preliminary plan is a first-stage plan in a two-stage approval process. The preliminary plan is required for all subdivision, land development or combination subdivision and land development plans within the township, wherein public improvements are proposed.

(2) Final plan. A final plan is either the second stage plan for a subdivision, land development or combination subdivision and land development plan which has been approved as a preliminary plan or a first as final stage plan for a subdivision or land development plan which does not propose any public improvements. The final plan is required for all subdivision or land development projects within the township and shall provide the basis for the record plan.

(3) Record plan. A record plan is the final plan prepared according to the specifications of this chapter and duly recorded.

B. Categories.

(1) Minor plan. A minor plan is a plan for subdivision or land development which may be approved in one stage because no public improvements are proposed.

(2) Major plan. A major plan is a plan for subdivision or land development, which will require a two-stage approval process because public improvements are proposed or because subdivision is occurring simultaneously with land development.

C. Types.

(1) Subdivision plan. A subdivision plan is a plat required by the township to define the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new streets or easement of access or any residential dwelling, shall not require a subdivision plan.

(2) Land development plan.

(a) A land development plan is a plat required by the township for any of the following activities which define land development:

[1] 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 residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number occupants or tenure; or

[b] The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, building groups, condominiums or other features.

[2] A subdivision of land into lots for the purpose of conveying such lots singularly or in groups to any person, partnership or corporation for the purpose of the erection of buildings by such persons, partnership or corporation.

(b) Exception. A land development plan shall not be required for approval by the township when development involves:

[1] The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be condominiums.

[2] The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.

[3] The construction of a single-family detached dwelling or single-family semidetached dwelling on a lot or parcel previously approved through a final plan for major subdivision.

D. Application submissions.

(1) Based upon its type, category and stage, the following groups of plan applications may be generated for submission to the township:

(a) Preliminary major subdivision.

(b) Preliminary major land development.

(c) Preliminary major subdivision and land development.

(d) Final major subdivision.

(e) Final major land development.

(f) Final major subdivision and land development.

(g) Final minor subdivision.

(h) Final minor land development.

(2) Each plan submission listed above shall comply with the general requirements cited below and shall contain the specific plan components required by Table III.EN

146-10. General requirements.

The following plan requirements shall be common requirements for all plans submitted to the township:

A. Drafting standards.

(1) The horizontal plan shall be drawn at a scale not smaller than one inch equals 50 feet. If such scale is not practical, a lesser scale may be used, provided that prior written permission is obtained from the Township Engineer.

(2) Plans shall be drafted on sheets either 15 inches by 18 inches, 18 inches by 30 inches or 24 inches by 36 inches.

(3) If two or more sheets comprise a submission, all sheets shall be of the same size, and each shall be consecutively numbered and titled to show and describe its relation to the total number of sheets comprising the plan (i.e., Grading Plan Sheet 3 of 6).

(4) The plan must be drawn in ink, and all lettering shall be drawn so as to be legible if the plan should be reduced to half size.

(5) Dimensions shall be set in feet and decimal parts thereof, and bearings shall be in degrees, minutes and seconds.

(6) Vertical plan profiles, when required, shall be scaled to four feet equals one inch.

B. General standards.

(1) Each sheet of a plat or survey for subdivision or land development shall be prepared in accordance with the Professional Engineers and Professional Land Surveyors Registration Law, the Act of May 23, 1945 (P.L. 913, No. 367).EN

(2) Each sheet constituting a plan submission or land development plan shall contain the following information:

(a) The name of the subdivision or land development plan.

(b) The name, address, seal and signature of the engineer, surveyor, architect or landscape architect responsible for preparing and drafting the plan.

(c) The name of the plan page and page number as described above.

(d) The plan number and date of the plan, together with a revision block where subsequent revisions can be identified and dated.

(e) The scale of the plan.

(f) A North point reference marker.

(g) A legend clearly indicating the engineering symbols utilized in drafting and depicting all existing and proposed features.

(3) When any revision is made to a previously submitted plat, the revision shall be described and dated. Dotted lines shall be used to show features or locations abandoned, and solid lines shall be used to show the currently proposed features.

(4) The boundary line of the site undergoing subdivision or land development shall be shown as a heavy solid line.

(5) The submission type as set forth in 146-9D shall be indicated on the plan sheets, and all preliminary sheets shall be marked "not to be recorded."

146-11. Specific requirements.

The following component requirements shall be specific to their respective topic areas and shall contain all information described herein. With respect to minor subdivision and minor land development applications, the Township Engineer or Zoning Official may waive any component of the plan requirements, provided that the applicant shall designate the waivers requested, in writing, to the Zoning Official.

A. Property identification plans shall contain the following:

(1) The township name, plus any other municipality in which the subdivision or land development is located.

(2) A location map for the purpose of locating the site to be subdivided or developed, at a scale of not less than 800 feet to the inch, showing the relation of the site to adjoining property and to all public and private streets and municipal boundaries existing within 1,000 feet of any part of the property.

(3) A complete boundary survey of the property to be subdivided or developed, showing all courses, distances, areas and tie-ins to all adjacent street intersections. The survey must be prepared by a Pennsylvania registered land surveyor by on-site field survey and have a closure error not greater than 3/100 of a foot.

(4) Tract boundaries with tax parcel numbers, owner's names and approximate acreage of lots surrounding any portion of the site for a distance of 400 feet.

(5) The tax parcel number of the site and total site acreage.

(6) The location of all existing monuments on or defining the site.

(7) An indication that the elevations are based upon sanitary sewer datum of the Township of Abington.

(8) Existing cartways of streets on and adjoining the site, with existing and ultimate rights-of-way and legislative and traffic route numbers.

(9) The names and addresses of the landowner, applicant and subdivider or land developer. With respect to the owner, the names of the real (title) owners, the names of all equitable owners and the names of all option holders shall be listed.

(10) The zoning classification applicable to the tract along with all zoning boundaries that traverse or are within 400 feet of the tract, together with a citation of any variances or special exceptions which may have been granted for or affecting the site.

(11) Zoning district requirements.

(a) Zoning district requirements shall be identified as described in the Township Zoning Ordinance.EN These shall include use regulations, density regulations, lot dimensions, yard setback dimensions, building and impervious coverage limitations, green/open space and buffer requirements, loading zones and required number of parking spaces.

(b) The existing and proposed zoning standards for each item cited above in the zoning district requirements shall be depicted in a table for the site in its entirety and, in the case of subdivision, for each proposed lot.

(12) A description of the available and proposed water supply and sewage disposal facilities.

B. Existing features plans shall contain the following:

(1) Complete boundary survey of the property to be subdivided or developed, showing all courses, distances, areas and tie-ins to all adjacent street intersections.

(2) The location, names and widths of all streets, whether including right-of-way, cartway or center line.

(3) The location of property lines and names of landowners within 400 feet of any part of the site to be subdivided or developed.

(4) The location and type of all existing survey monuments.

(5) The location and dimension of all existing buildings and man-made structures or surfaces located on the site, with notation as to which ones will remain and which will be removed.

(6) The location, size, ownership and purpose of all rights-of-way and easements located within the property boundaries.

(7) The location, size and ownership of all underground and above ground public or private utilities, on the site and within 400 feet of any portion of the site, including waterlines, sanitary sewer lines, storm sewer lines, electric lines, telephone lines, gas mains, fire hydrants and streetlights.

(8) Contour information, including:

(a) Topography lines measured at vertical intervals of two feet. Such elevations shall be determined by on-site or photogrammetric survey, not interpretation of United States Geological Survey maps.

(b) Datum to which contour lines refer.

(c) Base flood elevation data as defined in the Township Zoning Ordinance.EN

(d) Steep slope delineation by shading and notation of all areas as follows:

[1] Fifteen percent to 25%.

[2] Twenty-five percent and greater.

(9) Soil identification, including the following:

(a) Soil types within the site, based on maps contained in the Soil Survey of Montgomery County, United States Department of Agriculture, Soil Conservation Service, 1967, as amended. An attached table shall indicate each soil's development limitation, i.e., bearing value, depth to bedrock, seasonal water table, etc.

(b) Delineation of floodplain soils.

(10) Water resource identification by delineation and notation of all the following:

(a) Floodplain areas.

(b) Wetland areas.

(c) Permanent and intermittent watercourses, including streams, swales, culverts, lakes, ponds and springs.

(11) Vegetation resource identification of all the following:

(a) Forest and woodland areas.

(b) Stand-alone trees with calipers of 10 inches or greater, measured at a point four feet above grade, with indication of which trees are to be removed and which are to remain.

(c) Other significant vegetation.

C. Proposed layout plans shall show the following:

(1) The layout, width, length, center line elevation and names of all proposed cartways, streets and alleys, together with locations of all associated curbs, sidewalks and gutters.

(2) The layout, dimensions, bearings and net area of all proposed lots and consecutive numbering of all lots.

(3) Building setback lines incorporated with any other construction restriction line established by the Township Zoning Ordinance,EN indicated on each proposed lot.

(4) A notation indicating the proposed use of all lots or areas which shall contain uses other than residential.

(5) A notation of all lots or areas to be dedicated for public or common use, street widening, park or recreation or other public uses.

(6) The location, dimension, height, type and first-floor elevation of all proposed buildings and structures.

(7) Where there are existing buildings or structures located on sites being subdivided or developed, a notation of those being demolished and those to remain.

(8) The layout of all parking areas and arrangement of all parking spaces for commercial and multifamily development.

(9) The purpose, location and dimensions of all rights-of-way and easements proposed to be created for access, drainage, utilities or other pertinent reasons.

(10) The location and size of all proposed sanitary sewer lines, storm sewer lines and related structures, water mains, fire hydrants, utility lines and on-site sewage disposal facilities.

(11) The location of all open space areas, parks and recreation facilities, with notation as to whether they are offered for dedication or are to remain as private facilities.

D. Grading plans.

(1) Existing topography lines shall be measured at vertical intervals of two feet for land with an average natural slope of 10% or less. Vertical intervals of five feet shall be used for more steeply sloping land.

(2) Elevations shall be determined by on-site survey or by photogrammetric survey, not interpretation of United States Geological Survey maps.

(3) Existing contour lines shall be represented by dashed lines.

(4) Datum to which contour lines refer shall be based on Abington Township sanitary sewer datum.

(5) Base flood elevation data as defined in the Township Zoning Ordinance shall be indicated.EN

(6) Proposed finished contours shall be indicated at vertical intervals of two feet and delineated with solid lines.

(7) Delineation shall be made of the limits of work areas and the portions to remain undisturbed.

(8) Areas of cut and fill shall be delineated.

(9) Areas for the temporary storage of site soil and materials shall be identified.

E. Erosion control plan.

(1) This plan shall be prepared pursuant to the Clean Stream Law, P.L. 1987,EN including design basis of surface and storm drainage provisions for and details of the methods to be used to prevent erosion and discharge of sediments from the property, both during and following construction.

(2) A narrative containing the following information shall be prepared:

(a) A general description of the proposed development.

(b) A general description of temporary and permanent accelerated erosion control.

(c) A general description of temporary and permanent sedimentation control.

(d) A general description of stormwater management during and after the proposed development.

(e) A study of the watershed in which the site is located to assess the impact on downstream conditions.

(f) Estimated development schedule for the site, including:

[1] Stripping and clearing.

[2] Rough grading and installation of erosion and sedimentation control facilities.

[3] Installation of improvements, including streets, utilities, buildings, driveways, parking areas and other structures and facilities.

[4] Final grading and vegetation establishment, including a description of the conversion of erosion and sedimentation controls to permanent stormwater management facilities.

(g) A statement describing temporary control measures and facilities for use during earthmoving, including:

[1] Types, locations and dimensional details of erosion and sedimentation control devices.

[2] Protection of existing drainage facilities.

[3] Facilities to prevent tracking of mud by construction vehicles off the site.

(3) Plans and details are to be in accordance with standards and specifications found in the Erosion and Sediment Control Handbook available through the Montgomery Soil Conservation District.

F. Improvement construction plan.

(1) Stormwater management plans shall contain the following:

(a) Mapping of the watershed areas in which the site is located (United States Geological Survey Quadrangle Map or similar).

(b) Computations of the stormwater runoff for all points of runoff concentration before, during and after development, including all supporting data.

(c) All existing drainage features which are to be incorporated in the design, identified with an explanation of the facilities operation.

(d) A plan of the proposed stormwater drainage facilities and systems, including storm drain pipes and inlets, runoff control devices and drainage channels.

(e) Design computations for the sizing of the pipe barrel and perforated riser.

(f) Flood routing and/or storage requirement calculations.

(g) A stage-storage curve for such detention/retention basins.

(h) The berm embankment and outlet structure, showing the top of berm elevation, top width of berm, side slopes, emergency spillway elevation and elevations of the outlet structures, including the riser and dimensions and spacing of the antiseep collars.

(i) A detailed plan of the trash rack and antivortex device.

(j) An overall plan of the basin area, showing grading and landscaping.

(k) A detailed plan of any required off-site improvements.

(l) A description of the permanent stormwater management program, including methods and frequency of removing and disposing of sediment and other materials from the storm management facilities, both during and after completion of the development project.

(2) Street improvement.

(a) The horizontal plan (streets) shall contain the following:

[1] Center line with bearing, distances, curve data and stations corresponding to the profile.

[2] Right-of-way and curbline with radii at intersections.

[3] Beginning and end of proposed construction.

[4] Tie-ins by courses and distances to the intersection of all public streets, with their names and widths.

[5] Location of all monuments, with reference.

[6] Location and size of all drainage facilities, sidewalks, utilities, fire hydrants, lighting standards and street name signs.

(b) The profile plan (streets) shall contain the following:

[1] Profiles and elevations along the existing ground surface over the center line and right-of-way lines, both right and left of the center line.

[2] The proposed center line grade with percent on tangents and elevations at fifty-foot intervals, grade intersection and either end of curb radii.

[3] The profile of the proposed curve grade, showing percentage of grade on tangents and details of vertical curves, including elevation at intersection of tangents projected and length of vertical curve.

[4] Elevation at intersection of curblines projected.

[5] Station and top of curb elevation at all points of curve and tangent of horizontal curves.

(c) The cross section plan (streets) shall contain the following:

[1] Right-of-way width and location and width of paving within the right-of-way.

[2] The type, thickness and crown of paving.

[3] The type and size of curbing.

[4] Grading of sidewalks.

[5] Location, width, type and thickness of sidewalks and driveway aprons.

[6] Typical section of combined curb and gutter and typical section for paving and curbing required by the Pennsylvania Department of Transportation, if applicable.

(3) Sanitary sewer plan.

(a) The horizontal plan (sewers) shall contain the following:

[1] The location and size of line, with stations corresponding to the profile.

[2] The location of manholes, with grade between and elevation of flow line and top of each manhole.

[3] The beginning and end of proposed construction.

[4] Alignment and size of storm drain appurtenances adjacent to proposed sanitary sewers.

[5] Location and size of all laterals.

(b) The profile plan (sewers) shall contain the following:

[1] The profile of existing ground over the center line of the sanitary sewer line.

[2] The profile of the proposed ground grade over the center line of the sanitary sewer line.

[3] The profile of the proposed invert grade indicating the percent of grade.

[4] Station and invert elevations of proposed manholes along the flow line at fifty-foot intervals.

[5] The type and size of pipe, cradle and manholes.

(4) Storm sewer facilities.

(a) The horizontal plan (storms) shall contain the following:

[1] The location and size of line, with stations corresponding to the profile.

[2] The location of manhole and inlets, with grade between and elevation of flow line and top of each inlet.

[3] The beginning and end of proposed construction.

[4] The detail of the proposed inlets.

[5] Hydraulic and structural design data and calculations for storm sewers, inlets, bridges and culverts.

(b) The profile plan (storms) shall contain the following:

[1] The profile of the existing ground over the center line of the storm sewer line.

[2] The profile of the proposed ground grade over the center line of the storm sewer line.

[3] The profile of the proposed invert grade indicating the percent of grade.

[4] Station and invert elevations of proposed manholes and inlets along the flow line at fifty-foot intervals.

[5] The type and size of pipe, manhole and inlets.

[6] Complete structural details of all endwalls and energy dissipaters.

(c) Open drainage courses shall contain the following:

[1] Center line stations corresponding to those shown in profile.

[2] The width of the channel at bottom and top.

[3] Profile and elevations along the existing ground surface over the channel center line and the right-of-way line.

[4] Profile of the channel bed showing percentage of grade.

[5] Profile of finished grades along the right-of-way lines.

[6] Cross section of right-of-way width and the location and width of the top and bottom of the channel.

[7] The type and thickness of paving and/or sidewalls.

[8] The depth and slope of sidewalls.

(d) Detention basins shall contain the following:

[1] A horizontal plan showing the proposed detention basins and appurtenances.

[2] Limits of the proposed basin construction showing the location of berms, outlet control structures, overflow structures and systems flowing into the basin.

[3] Contours of the completed basin and outline of basin bottom and high-water elevation.

[4] Complete structural details of outlet-control structures.

G. Utility plan.

(1) The utility plan shall be superimposed on the basic layout plan and shall include the location, size, type and, where applicable, elevations of the following above and below ground, existing and proposed features and structures:

(a) Sanitary sewer lines, manholes and other related appurtenances.

(b) Storm sewer lines, manholes, inlets and other related appurtenances.

(c) Waterlines, control valves and other related appurtenances.

(d) Fire hydrants, fire lanes and Fire Department connections.

(e) Electric lines, junctions, vaults and other related appurtenances.

(f) Telephone lines, junctions, vaults and other related appurtenances.

(g) Gas mains and other petroleum lines and tanks, together with existing safety markers.

(h) Cable television lines and related appurtenances.

(i) Streetlighting standards and street name signs.

(j) Traffic control devices and signs.

(k) Site lighting locations and standards.

(l) Trash dumpster and enclosure locations.

(2) The ownership of all existing and proposed utilities shall be indicated on the plan.

(3) The plan shall contain a notation that all work will be performed in strict compliance with the provisions of Pennsylvania State Act 287, governing the installation of public utilities.

H. Landscaping and shade tree plan.

(1) The landscaping plan shall be prepared by a registered landscape architect.

(2) The landscape plan shall be superimposed on the basic layout plan and include the following information:

(a) Existing landscape material and vegetation to be removed.

(b) Existing landscape material and vegetation to be incorporated into the final plan.

(c) The location, size and type of all proposed street shade trees.

(d) The location, size and type of plantings for all proposed and required green space and buffer yards.

(e) Proposed planting schedule indicating the species, number and size of all proposed and required plantings.

(f) Details of the proposed method of planting and staking.

I. Phasing plan.

(1) The phasing plan shall delineate, with solid, bold lines, all sections of an overall development plan which are planned for construction at different times.

(2) The various sections shall be identified with a phasing number, the sequencing of which shall indicate the general construction order that development is proposed to occur.

(3) The phasing delineation shall be superimposed on the preliminary layout plan.

J. Recreational facilities plans shall contain the following:

(1) A narrative describing how the proposed recreational facilities will meet the needs of the future community which the proposed subdivision or land development will generate. The standards for such population shall be taken from the National Recreation and Parks Association.

(2) The location and size of all parks, playgrounds, public buildings, public areas or parcels of land proposed to be dedicated or reserved for public use.

(3) The location and size of all parks, playgrounds, facilities and parcels of land proposed to be reserved for common use by development residents.

(4) A general proposal for the maintenance of open space and public facilities and the proposed method of management.

(5) The type and specifications for all equipment associated with and provided for use with public parks, playgrounds and recreational facilities.

(6) The location, description and specifications for provisions of access, rest, sanitation, water, lighting and parking.

(7) Schedule of proposed construction.

(8) When deemed acceptable by the applicant, subdivider or land developer, a statement for the provision of contribution of fees in lieu of recreational facilities, according to resolution established by the Board of Commissioners.

K. Planning modules. Sewage facilities planning modules for subdivision and land development, as required by Chapter 711 of the Pennsylvania Sewage Facilities Act, as amended,EN shall be provided on forms published by the Pennsylvania Department of Environmental Resources (DER).

L. Architectural plans.

(1) Tentative architectural plans, appropriately scaled to show the following details, shall be included:

(a) Front, side and rear elevations of proposed buildings.

(b) The number of floors proposed, including basement and mezzanine areas.

(c) Building use group as defined in the Township Building Code.EN If mixed uses are proposed, an indication of the use groups involved shall also be included.

(d) Area and height limitations of proposed buildings.

(e) Construction type as defined in the Township Building Code.

(f) Sprinkler requirements as defined in the Township Sprinkler Ordinance.EN

(g) The location of fire exits and exit discharge.

(h) For apartment buildings, the total dwelling unit count and the number of rooms proposed for each dwelling unit.

(2) While Pennsylvania State Department of Labor and Industry approval is required on commercial architectural plans prior to the issuance of a building permit, it need not be procured for a tentative architectural plan prepared for review with a subdivision and land development plan application.

M. Documentations; agreements; certifications; covenants; easements; restrictions; permits.

(1) Documentations, agreements, certifications, covenants, easements, restrictions and permits shall include the following:

(a) A letter certifying the availability of public sanitary sewer facilities from the appropriate utility, if applicable.

(b) A letter certifying the availability of a central water supply system from the appropriate utility, if applicable.

(c) A description and contract for the ownership, management and maintenance of open space and/or private streets, sewer systems, water supply and other improvements.

(d) Restrictive covenants governing the reservation and maintenance of undedicated open space.

(e) Private deed restrictions, as may be imposed upon the property as a condition of sale, together with a statement of any restrictions previously imposed upon the property and which may affect the title to the land being subdivided or developed.

(f) All offers of dedicated improvements.

(g) Improvement agreements when required by the Board of Commissioners.

(h) Permits and documentation required by all applicable regulatory agencies described in 146-20B of this chapter.

(2) If land to be subdivided or developed lies partly within another municipality, the applicant shall submit information concerning the location and design of streets, layout and size of lots and provision of public utilities on lands subject to his/her control within the adjoining municipality. Evidence of review and/or approval of this information by appropriate authorities of that municipality shall also be provided.

146-12. Record plan requirements.

A. Style submitted. The following shall be submitted to the Township Engineer:

(1) A record plan, which shall be a clear and legible blue or black line print on white opaque linen and shall be an exact composite overlay of the approved final property identification and proposed layout plans, on a sheet of the size required by the drafting standards.

(2) One reproducible Mylar (plan size) and one reproducible Mylar (one inch equals 400 inches).

B. Seals. The following seals are required on the plan:

(1) The impressed seal of the licensed civil engineer and/or land surveyor who prepared the plan.

(2) The impressed corporate seal, if the subdivider or its signing party is a corporation or other entity.

(3) The impressed seal of a notary public or other qualified officer acknowledging the owner's statement of intent.

(4) The impressed seal of the Township of Abington.

(5) The impressed seal of the Township Engineer.

C. Acknowledgments. The following are required on the record plan, where applicable:

(1) Where the owner(s) are individuals, all shall join in an acknowledgment as follows:

Commonwealth of Pennsylvania

County of Montgomery

On the ____________ day of _________________ , A.D. 19 _____, before me, the subscriber, a Notary Public of the Commonwealth of Pennsylvania, residing in __________________, personally appeared __________________________ (names of all owners), known to me (or satisfactorily proven) to be the person(s) whose name(s) (is/are) subscribed to the foregoing plan and acknowledged that (he, she, they) (is/are) the owner(s) of the designated land, that all necessary approval of the plan has been obtained and is endorsed thereon and that (he, she, they) desire that the foregoing plan may be duly recorded.

_________________________________ Notary Public

__________________________________ My Commission Expires

(2) Where the owner is a partnership, corporation or other entity, an acknowledgment shall be executed substantially as follows:

Commonwealth of Pennsylvania

County of Montgomery

On the _________ day of ________________, A.D. 19 _____, before me, the subscriber, a Notary Public of the Commonwealth of Pennsylvania, residing in __________________, personally appeared ______________________ (name of officer of the corporation), who acknowledged (himself/herself) to be the (president or secretary), being authorized to do so, (he/she) executed the foregoing plan by signing that said corporation is the owner of the designated land, that all necessary approval of the plan has been obtained and is endorsed thereon and that said corporation desires that the foregoing plan may be duly recorded.

_____________________________________ Notary Public

_____________________________________ My Commission Expires

D. Approval notation and signatures is as follows:

Approved by the Board of Commissioners of the Township of Abington this ________ day of __________________ , 19_______

__________________ President

Attest __________________ Secretary

__________________ Engineer

Certified by the Montgomery County Planning Commission this ____________ day of ________________, 19_____. File No. ______________

Attest __________________ Secretary

E. Recording notations. The following notations are required to be cited on the record plan:

(1) "Recorded in the Office for the Recording of Deeds, etc., Norristown, Pennsylvania, in Plan Book ________________ , Page No. _______ , on (date), by (name)."

(2) "Fire hydrants and streetlights are to be installed at the expense of the subdivider/land developer in accordance with township standards and with the recommendations of the respective utility companies, subject to the approval of the Board of Commissioners."

(3) "Streetlights and street name signs are to be installed at the expense of the subdivider/land developer in accordance with township standards and dedicated to the township."

(4) "The Philadelphia Electric Company and the Bell Telephone Company of Pennsylvania are granted the right to construct, maintain and repair pole lines and underground equipment on, under and across lots, and this shall be so recited in all deed descriptions, together with the right to construct, maintain and repair pole lines and underground equipment on, under and across all highways in this tract."

(5) Where a plan requires access to a highway which is under the jurisdiction of the Pennsylvania Department of Transportation, "A Highway Occupancy Permit is required by Section 420 P.L. 1242, No. 428 known as the 'State Highway Law,' before driveway access to a state highway is permitted or constructed."EN Where a plan requires access to a highway which is under the jurisdiction of the Montgomery County, it shall include the following notation: "A Highway Occupancy Permit is required by the Roads and Bridges Division of the Montgomery County Public Works before driveway access to a County highway is permitted or constructed."

(6) When the installation of curbs or sidewalks is waived for a particular development plan, "Curbs and/or sidewalks may be required to be installed by subsequent landowners at their expense, by direction of the Board of Commissioners."

(7) Other notations as required by this chapter and the Board of Commissioners.

ARTICLE IV, Plan Review Procedures

146-13. General requirements.

A. In order to perform the functions imposed by law, Abington Township has adopted the following application and review procedures, which shall be applied to all applications.

B. The review process shall commence and terminate as follows: The Board of Commissioners shall render its decision within 90 days following the date of the regular meeting of the Township Planning Commission next following the date the application is filed and accepted as complete by the designated official, provided that, should said next regular meeting occur more than 30 days following the acceptance of the application, the stated ninety-day period shall be measured from the 30th day following the day the application has been accepted as complete, unless a waiver of time has been granted.

C. As review comments and planning considerations unfold, the applicant may agree to extend the time period for review process mandated under law by submitting a written request for an extension of time to the Zoning Official. In this case, the Board of Commissioners shall act within the extended time.

D. The submission of a revised preliminary or final plan which, in the judgment of the Board of Commissioners, represents a substantial departure from the preliminary or final plan presently under consideration or a plan previously approved or disapproved shall constitute a new and separate submission and shall mandate a new review period.

E. The submission of a revised preliminary or final plan during the review process which is submitted to address revisions requested by the reviewing agencies shall not be considered a new submission; however, the required number of plans must be submitted to the designated official.

F. Resubmission of a plan previously disapproved by the Board of Commissioners shall be subject to the requirements of a new submission.

G. Except where required by the MPC, the time periods for review set forth in this article shall be construed as directory rather than mandatory.

H. When public improvements are proposed, applications for subdivision or land development will require two stages of review prior to final approval. Two stages are necessary to allow the Board of Commissioners sufficient opportunity to review the attributes and compliance of the proposal and to afford the applicant sufficient time to refine the proposal.

I. While the plan submitted for each stage differs in its purpose and level of detail, the same review sequence will be applied to each plan stage. The table below indicates the required stages of review for different types of plan applications:

Type of Submission

(Plan)

Minor Major Minor Land Major Land

Plan Stage Subdivision Subdivision Development Development

Preliminary Not required Required Not required Required

Final Required Required Required Required

J. All plans and applications shall be submitted to the Zoning Official or other official so designated to receive plans by the Board of Commissioners.

K. The owner of the parcel of land to be reviewed shall, by the submission of the plan, grant to the Board of Commissioners and its authorized agents the right to enter the parcel of land for the purpose of inspection and enforcement of the provisions imposed by this chapter.

L. Application for plan approval shall be prepared in compliance with the provisions of this chapter, except where, as provided by law, submission of request for modification has been provided to the township and approved by the Board of Commissioners.

M. Plats and surveys utilized in the submission of the application shall be prepared in accordance with State Act P.L. 913, No. 367, known as the "Professional Engineers and Professional Land Surveyors Registration Law."EN

146-14. Review sequence.

A. Purpose; applicability.

(1) The purpose of the review sequence is to enable the township to ascertain through internal and external expertise that the subdivision or development proposal complies with its zoning, subdivision and land development and comprehensive plan regulations and to establish formal conditions of approval.

(2) The procedures expressed by the provisions of this section shall apply to all plan submissions filed by an applicant with the Township of Abington.

B. Submission requirements. The applicant shall prepare and submit the following materials for plan application to the Township Zoning Official:

(1) One original Abington Township subdivision or land development application form, completely filled out and signed by the appropriate parties.

(2) Ten copies of the plan, folded to file size, with the plan name and title block visible.

(3) Thirty copies of the proposed layout plan reduced to letter-size paper (81/2 inches by 11 inches), of such quality as to be fully legible.

(4) Two copies of the completed land development sewage planning module, on forms supplied by the Pennsylvania Department of Environmental Resources (file number must be assigned) and written evidence on available capacity from other agencies having sewage jurisdiction, if applicable.

(5) One Montgomery County Planning Commission application form appropriately completed, along with a check in the required amount made payable to the Montgomery County Treasurer.

(6) Written evidence from a certified public utility, bona fide cooperative or municipal authority ensuring that the available water supply is safe, reliable and adequate for the intended uses.

(7) Recreation facilities narrative (if applicable).

(8) One copy of the Abington Township Zoning Hearing Board decision(s) affecting the plan, if applicable.

(9) Two sets of tentative architectural drawings (where construction is proposed).

(10) One original Abington Township subdivision or land development waiver and modifications form, completely filled out and signed by appropriate parties, when waivers from the requirements of this chapter are requested.

(11) Checks as specified in Article V of this chapter and in amounts as required by the adopted fee schedule made payable to the Township of Abington.EN

C. Acceptance criteria.

(1) The Township Zoning Official shall check the submission for completeness. No application shall be deemed complete unless and until all items listed in Subsection B(1) through (11) have been submitted.

(2) If the Zoning Official determines the application to be incomplete, the applicant may be notified in writing within 14 days of the receipt of application materials. The notification shall cite the deficiencies in submission, listing appropriate sections of this chapter. An incomplete application will be returned to the applicant and shall not be considered as filed or commencing the time period allocated for township review of the submission.

(3) If the Zoning Official determines that the application as submitted could not be approved by the Board of Commissioners without specific variances or special exceptions first being granted by the Zoning Hearing Board, the application shall be deemed incomplete, and the Zoning Official shall respond according to the guides of Subsection C(2) above, and the applicant shall file a submission with the Zoning Hearing Board.

(4) If the submission is complete, the Zoning Official shall accept the plan application, and the plan shall be considered accepted as of the date of filing. The Zoning Official shall then initiate the following procedure of:

(a) Establishing the time period officially allocated for township review of the submission and determining the date by which a decision must be rendered by the Board of Commissioners.

(b) Notifying the applicant and Township Manager in writing that the submission has been accepted for review. The notification shall cite the time period allocated for township review and state the proposed schedule of reviews before the appropriate reviewing commissions.

(c) Collecting and promptly depositing all application fees in the proper township accounts and collecting and transmitting all other applicable fees to respective agencies.

(d) Distributing the application material as described below.

(5) Acceptance of a plan application for review is not a waiver from any zoning requirements determined to be applicable after acceptance of the plan application.

D. Distribution of plans.

(1) In order to facilitate prompt review of the application, the Zoning Official shall, upon acceptance, distribute the plan and application material in the described manner to the following reviewing agencies and enforcement staff:

(a) Montgomery County Planning Commission: one copy of the plan and one copy of land development planning module, along with the Montgomery County Planning Commission application form and check.

(b) Township Engineer: two copies of the plan and two copies of the land development planning module, together with one copy of remaining submission materials.

(c) Code Enforcement and Land Development Committee: two copies of the plan, together with one copy of remaining submission materials.

(d) Township Fire Marshal: two copies of the plan and one copy of the architectural drawings.

(e) Township Building Inspector: one copy of the plan and one copy of the architectural drawings.

(f) Township Zoning Official: two copies of the plan, together with one copy of remaining submission materials.

(2) In order to facilitate appropriate review of the application, the Zoning Official shall, after acceptance, distribute the plan and application material in an appropriate manner to the following reviewing commissions, prior to their scheduled meeting to review the application:

(a) Abington Township Planning Commission: 10 copies of the reduced subdivision/land development layout plan, together with nine copies of appropriate submission materials and review comments.

(b) Abington Township Code Enforcement and Land Development Committee: two copies of the plan, together with five copies of the reduced subdivision/land development layout plan and appropriate submission materials and review comments.

(c) Abington Township Board of Commissioners: 15 copies of the reduced subdivision/land development layout plan, together with 15 copies of appropriate submission materials and review comments.

E. Review procedure.

(1) The Montgomery County Planning Commission shall, within 30 days from the date that the preliminary plan was forwarded to the agency, review the preliminary plan and prepare a report for the local Planning Commission and the Board of Commissioners.

(2) Following acceptance of the plan application, the Township Zoning Official shall conduct the following activities:

(a) Review the plan and application material for conformance with the Township Zoning Ordinance and other applicable ordinances and regulations.

(b) Prepare a report containing compliance findings and pertinent planning recommendations for the Township Planning Commission and the Code Enforcement and Land Development Committee.

(c) Establish an application file for the purpose of collecting all correspondence and reviews regarding the submission and tracking the exact status of the application at all points in time.

(3) Following receipt of the plan application, the Township Engineer shall conduct the following activities:

(a) Review the plan and application material for conformance with this chapter and applicable engineering considerations with the applicant's submission.

(b) Review the land development planning modules for completeness, technical accuracy and compliance with the adopted 537 Plan of the township. After the modules have been found complete or adjusted as necessary, he/she shall, with the approval of the Township Planning Commission, forward two copies of the planning modules to the Pennsylvania Department of Environmental Resources for review and approval.

(c) Determine if any additional applications to special reviewing agencies must be made by the applicant or township, as a result of any unique site conditions found during the review process. These agencies may include the Soil Conservation Service, Watershed Associations, Department of Environmental Resources, Pennsylvania Department of Transportation, Federal Emergency Management Agency or Army Corps of Engineers.

(d) Prepare a report containing compliance findings and pertinent engineering recommendations for the Planning Commission and Code Enforcement and Land Development Committee and forward the report to the Zoning Official.

(4) Following receipt of the plan application, the Township Fire Marshal shall conduct the following activities:

(a) Review the plan and application material for conformance with this chapter, design standards relating to firesafety and other applicable township codes, which may affect site and building layout considerations in achieving adequate water supply, fire fighting access and sound firesafety principles.

(b) Forward a copy of the accepted plan to the Chief of the fire company having jurisdiction over the property involved with the submission. The Chief may inform the Fire Marshal, within the period stated by him/her, of any firesafety concerns he/she may have. The Fire Marshal may then incorporate these concerns into his/her report.

(c) Prepare a report containing compliance findings and pertinent planning recommendations for the Township Planning Commission and Code Enforcement and Land Development Committee and forward the report to the Zoning Official.

(5) Following receipt of the plan application, the Township Building Inspector shall conduct the following activities:

(a) Review the plan and application material for conformance with the adopted Township Building Code,EN and other applicable township codes, which may affect site and building layout considerations in achieving proper construction design for the size and use of all proposed structures.

(b) Prepare a report containing compliance findings and pertinent construction recommendations for the Township Planning Commission and Code Enforcement and Land Development Committee and forward the report to the Zoning Official.

(6) The Township Planning Commission shall, at its next regularly scheduled meeting following receipt of the review comments from the township staff and the Montgomery County Planning Commission:

(a) Review the applicant's plan and submission materials.

(b) Review the report prepared by the Montgomery County Planning Commission for code compliance and impact.

(c) Review the composite reports from the township staff involved in the plan reviewing process.

(d) Evaluate the presentation of the proposal by the applicant and conduct discussion with the applicant, if necessary, regarding general and specific aspects of the plan.

(e) Determine whether the plan meets the objectives of the township's Comprehensive Plan and the requirements of the zoning, subdivision and land development and other applicable ordinances of the township.

(f) Recommend revisions, if any, so that the plan will conform to township ordinances and regulations.

(g) Review and recommend approval or disapproval of the sewage facility planning module application, if required by the application type, for compatibility with the adopted Act 537 Plan of Abington Township and submit a written report of its conclusion to the Township Engineer.

(h) Recommend approval or disapproval of the plan in a written report to the Board of Commissioners. Such report may be subject to the following:

[1] It shall be submitted to the Zoning/Planning Official within 15 days following the public review of the plan.

[2] If the Planning Commission recommends disapproval of the plan, the report shall cite the provisions of this chapter and a recommendation to the applicant for corrective procedures to eliminate the deficiencies in the plan.

[3] The report shall contain the voting record for and against approval of the plan.

[4] The report shall be signed by the Chairman and/or Secretary of the Commission.

(7) The Zoning/Planning Official shall, at the conclusion of all reviews by internal and external agencies:

(a) Compile a summary report of the findings of all reviewing agencies and present, as the review may warrant, a general or specific recommendation for approval or disapproval to the Code Enforcement and Land Development Committee.

(b) Notify the applicant and all parties involved, by copy of the above report, on the status of the plan and offer to the applicant:

[1] The opportunity to submit or alter any request for waivers involved with the plan, citing the ordinance provision and reason.

[2] The opportunity to extend the time period for the township to complete review of the plan application because extensive revision to the plan and subsequent reviews will be necessary.

(8) The Code Enforcement and Land Development Committee shall, at its next regularly scheduled meeting following receipt of the review comments from the township staff and Township Planning Commission:

(a) Review the applicant's plan and submission materials.

(b) Review the composite reports and recommendations from the internal and external reviewing agencies involved in the plan reviewing process.

(c) Evaluate any presentation of the proposal by the applicant and conduct discussion with the applicant regarding the composite reports and recommendations from the internal and external reviewing agencies.

(d) Evaluate any request for waivers or modifications to the plan which has been initially submitted by the applicant or modified as a result of reviewing agency comments.

(e) Determine which plan deficiencies are recommended to be corrected and which planning recommendations are advised to be implemented by the applicant.

(f) Recommend approval, approval with conditions or disapproval of the plan in a written report to the Board of Commissioners. Such report shall be summarized and signed by the Secretary to this Committee and cite the applicable provisions of this chapter. The report shall be forwarded to the Township Manager for his/her distribution to the Board of Commissioners and incorporation into the appropriate Board agenda.

(9) The Board of Commissioners shall, within 90 days following the start of the plan review period, render its approval or disapproval on the application, provided that:

(a) The Board of Commissioners shall not approve the plan until:

[1] The report from the Montgomery County Planning Commission has been received or until a period of 30 days following the forwarding of the completed submission to the county has elapsed with no response.

[2] The written comments of the various reviewing agencies have been received or a period of 60 days has elapsed from the date of acceptance of the plan by the Township Zoning Official with no response.

(b) The Board of Commissioners has reviewed the reports of the Montgomery County Planning Commission, if issued, and the summary report of the Code Enforcement and Land Development Committee, if issued.

(c) The Board of Commissioners has evaluated any presentation of the proposal by the applicant and conducted discussion with the applicant regarding the composite reports and recommendations from the internal and external reviewing agencies.

(d) The Board of Commissioners has evaluated any request for waivers or modifications to the plan which has been initially submitted by the applicant or modified as a result of reviewing agency comments.

(e) If approval is granted, the Board shall express its approval and state the specific conditions of approval, if any.

(f) If the plan is disapproved, the Board of Commissioners shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the chapter relied upon.

(10) Conditions of decision.

(a) The decision of the Board of Commissioners shall be in writing and shall be communicated to the applicant (or his/her agent) personally or mailed to him/her at his/her last known address not later than 15 days following the decision or within such time limits as may be allocated under the Pennsylvania Municipalities Planning Code.EN

(b) Approval of a preliminary plan shall not constitute an approval of the final plan or authorize the sale of lots or the construction of buildings or any site development.

(c) If a plan is disapproved, the applicant may file a revised plan with the Township Zoning Official. Each revised submission shall require new application materials and the payment of new application fees. Upon such action, the applicant will replenish any required escrow deposit.

ARTICLE V, Administration

146-15. Fees; escrows.

A. Application fees.

(1) The Board of Commissioners shall authorize an application and escrow fee schedule by resolution for the purpose of listing the required application fee for each plan submission type defined by this chapter.

(2) An application for subdivision or land development shall be deemed by the receiving official to be incomplete, and no reviewing action shall take place unless all required fees are paid by the applicant or his/her agent to the Township of Abington at the time of plan submission.

(3) The applicant or his/her agent shall be required to submit to the receiving official at the time of plan submission a check drawn to the Montgomery County Treasurer in the amount sufficient to cover the established review costs by the Montgomery County Planning Commission.

(4) The applicant or his/her agent shall be required to submit additional fees, together with application materials, for plan reviews and permits to any additional governmental agencies or authorities required by the Township Engineer or Zoning Official for the complete review of the subdivision or land development application, as described in this chapter.

B. Escrow fees.

(1) The Board of Commissioners shall establish a fee schedule by resolution for the purpose of listing the required escrow review fee for each plan submission type defined by this chapter and to guarantee payment of costs and expenses incurred by the township in the review and consideration of an application for subdivision or land development.

(2) An application for subdivision or land development shall be deemed by the receiving official to be incomplete and no reviewing action shall take place unless all established escrow review fees are paid by the applicant or his/her agent to the Township of Abington at the time of plan submission.

(3) The township official receiving the escrow fund money shall, by copy of the plan application form and transfer of check, promptly advise the Township Accounting Department to establish such accounts, specific to the application submitted.

(4) The applicant or his/her agent shall, upon demand by the designated township official, reimburse the township from such escrow for the reasonable and necessary professional expenses incurred by the township in the review and approval process of the application and plan submitted pursuant to this chapter. Such expenses shall include, but not be limited to:

(a) Fees for the services of the Township Engineer related to the review and consideration of the plan.

(b) Fees for the services of the Township Solicitor related to the review and decision process of the application.

(c) Advertising costs incurred through the review and decision process.

(d) The cost for engineering and traffic surveys, professional certifications and other services deemed necessary by the Board of Commissioners in reviewing the plan, including the services of a professional planner.

(e) Recording fees (if any are incurred by the township).

(f) Administrative charges of 15% of the total costs incurred above.

(5) The escrow fund shall, upon demand by the designated township official, be replenished by the applicant or his/her agent when it has been drawn to within 10% of its initial amount and a decision has not been rendered on the plan by the Board of Commissioners or upon submission of any revised subdivision or land development plan.

C. Refund of fees.

(1) If an application is disapproved by the governing body, no refund of the application fee shall be provided. Any unused portion of the escrow deposit money, together with accumulated interest, shall be returned to the applicant by the designated township official within 45 days of the applicant's receipt of disapproval, along with an accounting of expenses incurred in the review process.

(2) If an application is approved by the governing body, any unused portion of the escrow deposit money, together with accumulated interest, may be returned to the applicant by the designated township official within 45 days of the recording of the plan, provided that the applicant submits a written request to the township for the return of escrow funds. The applicant shall be entitled to an accounting of expenses incurred in the review of the application from the designated township official. In the event that such a written request is not received, the township shall continue to hold any balance remaining in the escrow account for application toward anticipated inspection services.

D. Inspection fees.

(1) The Board of Commissioners shall establish an inspection fee schedule by resolution for the purpose of listing the required inspection escrow fees to be applied toward inspection of the required public improvements.

(2) Such escrow money shall be collected by the Township Engineer prior to the recording of an approved final plan for subdivision or land development, the posting of required improvement surety by the applicant and the issuance of a construction permit. Where applicable, credit toward these fees shall be provided to the applicant for any money remaining in the review escrow established during plan review.

(3) The applicant or his/her agent shall, upon demand by the Township Engineer and approval of the Board of Commissioners, reimburse the township from such escrow for the expenses incurred by it in the inspection of the construction and acceptance of improvements set forth within the recorded plan. Such expenses shall include, but not be limited to:

(a) Township Engineer inspection services.

(b) Consulting engineering services.

(c) The actual costs of all drainage, sewage, soil, water and other material testing services.

(d) Legal fees, advertising fees, recording fees and other costs involved with the acceptance and dedication of streets, easements, utilities and other public improvements to the township.

(e) Administrative fees of 15%.

(4) The escrow fund shall, upon demand by the designated township official, be replenished by the applicant or his/her agent when it has been drawn to within 10% of its initial amount and the dedication process has not commenced.

(5) When the public improvements are accepted by the Board of Commissioners, any unused portion of the escrow inspection money, together with accumulated interest, shall be returned to the applicant by the designated township official within 45 days of the release of the maintenance bond. The applicant shall be entitled to an accounting of the inspection expenses incurred during construction and acceptance of the public improvements. The application fee is not refundable.

E. Dispute of fee.

(1) In the event that the applicant or subdivider/developer disputes the amount of any escrow review fee or any engineering escrow inspection fee, he/she shall, within 10 working days of the billing date or date of notice of withdrawal by the township from his/her designated escrow fund, notify the Township Manager that such expenses are disputed as unreasonable and unnecessary. In such event, the township shall not delay or disapprove a subdivision or land development application or any approval or permit related to the development due to the applicant's or subdivider/developer's request over disputed fees.

(2) The process of disputed fees shall be resolved by the Township Manager in the following manner:

(a) Appointment of engineer. If, within 20 days from the date of billing or the date of withdrawal notice, the township and the applicant or subdivider/developer cannot agree on the amount of expenses which are reasonable and necessary, then he/she and the township shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review said fees and make a determination as to the amount thereof which is reasonable and necessary.

(b) Decision of appointed engineer. The professional engineer so appointed shall hear such evidence and review such documentation as he, in his/her sole opinion, deems necessary and shall render a decision within 50 days of the billing or withdrawal date. The party requesting the resolution of disputed fees shall be required to pay the entire amount determined in this decision immediately.

(c) Appointment by Judge. In the event that the township and the applicant or subdivider/developer cannot agree upon the professional engineer to be appointed within 20 days of the billing or withdrawal date, then, upon application of either party, the President Judge of the Court of Common Pleas shall appoint such engineer who, in that case, shall be neither the Township Engineer nor any professional engineer who has been retained by or has performed services for the Township of Abington or the applicant/subdivider/developer within the preceding five-year period.

(d) Payment of engineer's fee. The fee of the appointed professional engineer for determining the reasonable and necessary fees shall be paid by the party requesting the resolution of disputed fees if the amount of payment required in the decision is equal to or greater than the original bill amount. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the township shall pay the fee of the professional engineer, but otherwise the township and the party requesting the resolution of disputed fees shall each pay 1/2 of the fee of the appointed professional engineer.

146-16. Plat approval.

A. Preliminary plan.

(1) The Board of Commissioners shall approve a preliminary plan of subdivision or land development, provided that:

(a) The procedures for plan review as provided for within this chapter have been properly executed.

(b) Any variances, waivers or special exceptions from the Township Zoning Ordinance have first been granted by the Abington Township Zoning Hearing Board.

(c) Any special plan reviews required by outside governmental agencies have been performed to the satisfaction of the Board of Commissioners or evidence to substantiate that they are satisfactorily being conducted is demonstrated by the applicant.

(d) The proposed subdivision or land development conforms to the requirements of this chapter and all other applicable codes of Abington Township to the satisfaction of the Board of Commissioners.

(e) The proposed subdivision or land development is consistent with the Comprehensive Plan as set forth by the Board of Commissioners and preserves the health, safety and welfare of the Township of Abington.

(2) Phasing of developments. Where, owing to special conditions, a literal enforcement of the requirements of this chapter upon an entire subdivision or land development would result in an unnecessary hardship on the applicant or subdivider/developer, the Board of Commissioners may authorize phased development as a condition of preliminary plan approval, provided that:

(a) The preliminary plan shall indicate the entire subdivision or land development with the different phases delineated on it.

(b) A final plan shall be submitted for each phase shown on the preliminary plan, in accordance with all provisions of this chapter.

B. Final plan approval.

(1) The Board of Commissioners shall approve a final plan of subdivision or land development, provided that all of the protections and safeguards expressed for the approval of preliminary plans are upheld.

(2) Where applicable, the final plan must be based upon the approved preliminary plan and any conditions expressed with that approval. No plan shall be approved which, in the opinion of the Board of Commissioners, deviates substantially from an approved preliminary plan, including but not limited to changes in elements of density, street configuration, layout and characteristic of lot lines, open space, construction or use.

(3) No plat for which public water is proposed shall be finally approved until it has been established through written documentation that service and capacity is available in the system being considered for use.

(4) No plat for which sewage disposal by means of a public sewer system is proposed shall be approved until it has been established through written documentation that service and capacity is available in the sewerage system being considered. Further, the proposed sewage treatment must be consistent with the adopted Act 537 Plan for Abington Township or until appropriate revisions to the Act 537 Plan are implemented.

(5) No plat for which on-site sewage disposal is proposed shall be finally approved until a signed statement by the authorized sewage enforcement office for the township has been received indicating that such proposed lots are capable of providing on-site treatment.

(6) Improvements.

(a) No plat shall be finally approved unless the construction permit and escrow fees have been applied for as required by this chapter and until the streets shown on the plat have been improved as required by this chapter and that any alleys, off-street parking areas, walkways, curbs, gutters, streetlights, street signs, fire hydrants, shade trees, water mains, sanitary sewers, storm sewer system and drains, grading, easement areas, open space and other public improvements as may be proposed under the plan or established as conditions of plan approval have been installed in accordance with the provisions of this chapter and inspected and approved by the Township Engineer.

(b) Exception. In lieu of the completion of all required improvements, the Board of Commissioners shall accept proper completion guaranty in the form of, but not limited to, an irrevocable letter of credit from a federal- or commonwealth-chartered lending institution or restrictive escrow accounts with such institutions, on the assurance that all of the required improvements will be subsequently installed.

(7) No final plan shall be considered fully approved by the Board of Commissioners unless all prerequisites and requirements for recording the plan have been fully executed by the applicant and the township.

(8) When deemed necessary by the Board of Commissioners, because of the unique characteristics of the final plan and the nature of the public improvements proposed, the township may require that the subdivider/developer enter into a development improvement agreement with the township as a condition of final approval.

146-17. Improvement and completion guaranties.

A. Improvements required.

(1) No plat shall be finally approved unless the streets shown on the plat have been improved as required by this chapter and any alleys, off-street parking areas, walkways, curbs, gutters, streetlights, street signs, fire hydrants, shade trees, water mains, sanitary sewers, storm sewer systems and drains, grading, easement areas, open space and other public improvements as may be proposed under the plan, or established as conditions of plan approval, have been installed in accordance with the provisions of this chapter and inspected and approved by the Township Engineer.

(2) Exception. In lieu of the completion of all required improvements, the Board of Commissioners shall accept proper completion guaranty when requested to do so by the developer.

B. Completion guaranty.

(1) Applicability.

(a) When requested by the developer in order to facilitate financing, the Board of Commissioners shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security.

(b) The final plat or record plan shall not be signed or recorded until the financial improvement agreement is executed.

(c) The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Board of Commissioners. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer within 15 days following the decision by the Board of Commissioners.

(2) Financial security.

(a) Type. Financial security required by the completion guaranty shall include, but is not limited to, the following types:

[1] Irrevocable letter of credit.

[2] Restrictive escrow accounts.

[3] Performance bond.

(b) Conditions.

[1] Such financial security shall be posted with a bonding company or federal- or commonwealth-chartered lending institution chosen by the party posting the financial security.

[2] Such financial security shall secure to the public the completion of any improvements which may be required within one year of the date fixed in the subdivision plat for completion of such improvements on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.

(c) Amount.

[1] The cost of the improvements shall be established by submission to the Board of Commissioners of bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements, or, in the absence of such bona fide bids, the costs shall be established by estimate prepared by the Township Engineer.

[2] The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or the developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost.

[3] The Board of Commissioners, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. The procedure in event of dispute shall be as follows:

[a] If the applicant or developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the municipality and the applicant or developer.

[b] The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate.

[c] In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the municipality and the applicant or developer.

[4] The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion, estimated as of 90 days following the date scheduled for completion by the developer.

(d) Adjustment.

[1] Annually, the municipality may adjust the amount of financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion.

[2] Subsequent to said adjustment, the municipality may require the developer to post additional security in order to assure that the financial security equals the stated 110%.

[3] Any additional security required shall be posted by the developer in accordance with the provisions of this chapter.

[4] If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above referenced bidding procedure.

(3) Reduction of completion guaranty.

(a) As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Commissioners to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work.

(b) Any such requests shall be in writing addressed to the Board of Commissioners, and it shall have 45 days from the receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Commissioners that such portion of the work upon the improvements has been completed in accordance with the approved plat.

(c) Upon such certification, the Board of Commissioners shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed.

(4) Exception of township control. If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulation of a public utility or municipal authority separate and distinct for the municipality, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.

146-18. Effect of final plan approval.

A. After a subdivision or land development plan has been approved and duly recorded, streets, public open space and all other public improvements shown thereon shall be considered a part of the Official Map of Abington Township, without the need for a public hearing.

B. Streets, public open space and other public improvements shown on the recorded final plan may be offered for dedication to the township by formal notation on the plan, or the owner may note on the plan that such improvements have not been offered for dedication to the township.

C. Every street, public open space and other public improvement shown on a subdivision or land development plan that is approved and recorded as provided herein shall be deemed to be private streets, open space and improvements until such time as the same has been offered for dedication to the Township of Abington and accepted by resolution and duly recorded for use as public streets, open space or other improvements.

D. The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the referenced plat.

146-19. Recording of plats.

A. A final plan for subdivision or land development which has been approved by the Board of Commissioners shall have no effect upon the Official Map of Abington Township, nor shall any permits be issued to implement any improvement, whether public or private, unless and until the following requirements have been satisfied:

(1) The applicant or subdivider/developer has executed the plat affidavit on three linen copies and two paper copies by signing the signature block as provided for on the record plan.

(2) The applicant or subdivider/developer has submitted three copies of the linen cloth record plan and two paper sets of the approved final plan to the Township Zoning Official.

(3) The Township Zoning Official has:

(a) Reviewed the submission of documents for compliance with the requirements of this chapter.

(b) Verified that the submitted record plan is in agreement with the final version approved by the Board of Commissioners, together with any conditions expressed in the approval of the Board of Commissioners or the Zoning Hearing Board if variances or special exceptions have been granted.

(c) Transmitted the submission to the Township Engineer.

(4) The Township Engineer has:

(a) Reviewed the submission for compliance with the final approved plans and all engineering datum previously requested.

(b) Inspected, approved and provided for the maintenance of the public improvements, if any, according to the requirements and specifications of this chapter, when such improvements have been installed by the subdivider/developer in advance of final approval or, when the exception to installation of the public improvements has been exercised through the provision of a completion guaranty, as provided in strict accordance with the provisions of this chapter, instituted the following procedures:

[1] Verification that the amount of financial security expressed in the completion guaranty is in agreement with amounts timely determined during the approval process.

[2] Verification that the type of financial guaranty provided is in a form acceptable to the township under provisions expressed by law.

[3] Verification that the financial security has been provided to the township within the time period expressed by law or by grant of written extension.

[4] Verification that the financial security agreement has been properly executed.

(c) Transmitted the submission of documents to the Township Manager in order to obtain the seals and signatures of township officials as required.

B. Township approval will then be evidenced by the execution of the approval block by the designated township officials, as provided for on the record plan; County Planning Commission approval is evidenced by execution of the certification block; and a signed paper copy is retained by the County Planning Commission.

C. Subsequent to execution, the applicant or subdivider/developer must, within 90 days of formal approval of the plan, record the final plat in the office of the County Recorder of Deeds.

D. The applicant or subdivider/developer shall provide notice to the township that the final plan has been duly recorded by returning two copies of the record linen plan bearing the County Recording Seal with plan book and page number to the Township Engineer. Upon receipt of the recorded plans, the Township Engineer shall:

(1) File the recorded plan in the office of Township Engineer.

(2) Transmit a recorded linen plan to the Township Zoning Official for filing with the Department of Code Enforcement.

E. The applicant or subdivider/developer shall bear all the expense of the recording process.

F. If the final plan for subdivision or land development is not recorded within the ninety-day period, the approval of the plan shall lapse and become void. In this event, additional approval would require the submission of a new plan application.

146-20. Permits required.

A. Township construction permit.

(1) Applicability. When a final plan for major subdivision or major land development has been approved by the Board of Commissioners and duly recorded, no construction or development of the parcels or the public improvements involved shall commence prior to approval and issuance of a construction permit by the Township Engineer.

(2) Application procedure. The applicant or subdivider/land developer shall submit the following to the Township Engineer:

(a) Two complete paper copies of the final approved improvement plan.

(b) Two complete and appropriately signed applications for a construction permit.

(c) A check payable to the Township of Abington for the cost of the construction permit application fee.

(d) A check payable to the Township of Abington for the cost of required engineering improvement inspection fees, sufficient in amount as established by ordinance, minus any remaining balance in the escrow application review fee account established at the time of plan review.

(e) Proof of insurance coverage and bonding.

(3) Issuance. Provided that all required governmental regulatory permits have been properly issued and all escrow surety is in proper order and the plan has been duly recorded, the Township Engineer shall issue the construction permit to the applicant.

(4) Time requirements.

(a) Not more than six months shall elapse between approval of the final plan by the Board of Commissioners and the application for construction permit. Failure to make application within the time stated will necessitate the reapproval of the subdivision or land development plan and a readjustment of the completion guaranty to reflect the costs of the proposed improvements as of the date of reapproval of the plan.

(b) Exception. A written request for extension of time to approve the construction permit may be submitted to the Township Engineer, and, if approved by the Board of Commissioners, the extended time shall apply.

(c) If more than one year has elapsed since the issuance of a construction permit and no improvements have been commenced or if the improvements have been commenced and there has been no construction activity performed for a period of one year or if the construction improvements have not been completed within five years from the date of issuance of the construction permit, the Board of Commissioners shall require that, prior to any further construction, the subdivider/developer shall submit a letter to the Township Engineer, stating the reasons for the lack of construction and also a proposed schedule for completion of the improvements. If the Board of Commissioners is satisfied with the explanation and the proposed completion schedule or upon mutual agreement of revised schedule, construction may continue based upon the terms of the accepted schedule. If the Board of Commissioners is of the opinion that the subdivider/developer has defaulted on the construction of improvements, the township, acting with the advice of the Township Solicitor, may utilize the completion guaranty to effect completion.

B. Other required permits.

(1) General. When a final plan for subdivision or land development has been approved by the Board of Commissioners and duly recorded, no construction or development on the parcels involved shall commence prior to:

(a) The subdivider or land developer first making application to the appropriate agency having jurisdiction over the required permit; and

(b) The appropriate agencies issuing such permits and a copy being obtained by the Township Engineer and Zoning Official.

(2) Regulatory permits. The provisions of this chapter shall apply to, but not be limited to, the following regulatory agencies:

(a) The DER (Department of Environmental Resources):

[1] Planning modules review: required for all sanitary sewer revisions and supplements to the adopted Township Act 537 Sewage Facilities Plan.

[2] Water quality permit: required for construction of sewage treatment facilities and industrial wastewater discharge.

[3] Wastewater permit: required for installation of all sewage treatment plants or pumping stations.

[4] Earth disturbance permit: required for construction activity disturbing 25 acres or more of land.

[5] Wetlands permit: required for construction or disturbance of all lands involving wetland encroachment.

[6] Dams and waterways permit: required for construction, disturbance or encroachment of all lands involving dams or watercourses or their one-hundred-year floodway.

[7] Right-of-way permit: required for access of utility easements through public parks.

(b) United States District Corps of Engineers: required for construction, disturbance or encroachment of all lands involving dams or watercourses.

(c) Pennsylvania Department of Transportation highway occupancy permit: required when construction abuts a state street and access to the street is required and/or when stormwater discharge may affect the abutting state highway. Montgomery County Public Works Department - Roads and Bridges Division also has similar requirements for county roads.

(d) Montgomery County Soil Conservation District: required for soil erosion control of construction activity disturbing 25 acres or more of land.

(e) Federal Emergency Management Agency approval: required for all construction proposed on land located in the floodway.

(3) Septic system permit: required from the sewage enforcement officer for the installation of on-site systems.

(4) Township building permits: any structures, additions, impervious surfaces, highway and waterway encroachments and other improvements regulated by the township building, electrical, fire, mechanical, plumbing and zoning codes.

146-21. Inspections required.

A. Preliminary inspections.

(1) At least five days prior to commencing construction of utilities and improvements or initial site grading, the subdivider/land developer shall notify the Township Engineer in writing of the proposed construction schedule.

(2) No improvements shall be constructed during the period from November 15 to April 1 of each year, unless the developer has notified the Township Engineer of his/her specific intentions and approval is granted by the Township Engineer.

(3) During regular office hours, the developer shall notify the Township Engineer 24 hours in advance of any construction to public improvements which will require inspection by the Township Engineer.

(4) The Township Engineer or his/her designated assistant shall:

(a) Inspect required improvements during the initial construction phase, and on a periodic basis thereafter, as may be required to ensure compliance with the requirements and standards of this chapter.

(b) Submit periodic reports to the Board of Commissioners and the applicant, specifying those construction improvements, materials and workmanship which do not comply with the township specifications or the approved final plan.

(c) Wherever necessary in his/her professional opinion, require the developer to submit samples of materials, undertake test borings or provide such professional information necessary to confirm compliance with township specifications or the approved final plan.

(d) When satisfied that various improvements have been properly installed, prepare reports to the Board of Commissioners for appropriate release of completion guaranty escrows or reduction of credit, under terms further specified in this chapter.

(5) The applicant, upon notification to the Township Engineer, shall proceed, at his/her own expense, to make such corrections as shall be required by the preliminary inspection findings and shall notify the Township Engineer upon completion for additional inspection.

B. Final inspections.

(1) Upon 30 days' advance written notification by the developer to the Township Engineer, the Board of Commissioners or its delegate and the Township Engineer shall make a final inspection with the developer of all required improvements.

(2) The purpose of the requested final inspection shall be for completion of improvements and release of improvement guaranty, if posted, and shall follow the procedures described in 146-22A of this chapter.

146-22. Release from completion guaranty.

A. Dedication of improvements.

(1) When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board of Commissioners of the completion of the aforesaid improvements and shall submit the same to the Township Manager.

(2) The notification provided shall be in writing and sent by certified or registered mail.

(3) The township shall, within 10 days after receipt of such notice, authorize and direct the Township Engineer to inspect all of the aforesaid improvements.

(4) The Township Engineer shall thereupon file a report, in writing, with the Board of Commissioners and shall mail a copy of the same to the developer by certified or registered mail.

(a) The report shall be mailed within 30 days after receipt by the Township Engineer of the aforementioned authorization from the Board of Commissioners.

(b) The report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part.

(c) If said improvements or any portion thereof shall not be approved by the Township Engineer, said report shall contain a list of reasons for such disapproval, specifying those construction items, materials and workmanship which do not comply with the township specifications or final approved plan.

(d) If said improvements shall be deemed to be approved in entirety by the Township Engineer, said report shall indicate that all items have been completed to the requirements of this chapter and in accordance with the final plan, therein advising the Board that the acceptance procedure for improvements may begin.

(5) If any portion of said improvements shall not be approved by the township, the developer shall promptly proceed to complete the same, and, upon completion, the same procedure of notification, as outlined within this section, shall be followed.

B. Acceptance of improvements.

(1) When the report of final inspection of public improvements by the Township Engineer indicates approval of the completed improvements, the applicant/subdivider/developer shall submit the following materials to the Township Engineer:

(a) A certificate from the developer's contractors evidencing payment of all labor and material costs.

(b) Two sets of dedication deeds, with descriptions, for use in dedication documents.

(c) Two complete sets of as-built opaque linens, showing the location of the completed required improvements, including profiles.

(d) Two sets of as-built recording plans for use in dedication recording and Pennsylvania Department of Transportation mileage updating.

(e) Title insurance (at his/her sole cost) on all improvements being dedicated, insuring that the improvements are free and clear of all liens.

(2) The Board of Commissioners, upon satisfactory evidence that the improvements have been properly completed and final acceptance documents have been properly prepared and presented, shall then:

(a) Vote to approve the subdivision or land development plan, in such cases where the improvements have been properly installed prior to final approval of the plan; or

(b) Evaluate the request from the developer for final release of the escrow completion guaranty, under terms and conditions specified herein.

(3) The Township Engineer shall then ensure that the following has been satisfied:

(a) That all inspection, engineering, legal and administrative fees connected with the completion of improvements have been paid.

(b) That other extraneous costs connected with the completion of improvements have been paid.

(c) That financial security for the maintenance of the improvements as described below has been posted.

(4) The Board of Commissioners shall then:

(a) Accept the public improvements by adoption of a resolution.

(b) Accept the deeds for the improvements and direct that they be recorded with the Montgomery County Recorder of Deeds and with the Township of Abington by the applicant or subdivider/developer, at his/her sole expense.

(c) Direct the Township Solicitor to authorize the release of any remaining financial improvement guaranties, minus the amount required for maintenance security as described herein.

(5) The township shall have no responsibility with respect to any street or other improvement, unless the street or other improvement is accepted by resolution of the Board of Commissioners.

C. Maintenance security.

(1) When the Board of Commissioners accepts dedication of all or some of the required improvements following completion, the Board of Commissioners may require the posting of financial security to secure the structural integrity of said improvements, as well as the functioning of said improvements in accordance with the design and specification as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication.

(2) The financial security shall be of the same type as otherwise required in this article with regard to installation of such improvements.

(3) The amount of maintenance security shall not exceed 15% of the actual cost of installation of said improvements.

(4) The maintenance security may be provided as a carry-over from the financial improvement guaranty, if sufficient, as determined by the Township Engineer, and at the conclusion of the maintenance period shall be released according to the same conditions and terms as the improvement completion guaranty described in this article.

ARTICLE VI, Design Standards

146-23. General provisions.

The following principles of subdivision/land development, general requirements and minimum standards of design shall be observed by the applicant in all instances. The standards of design of this article shall be used to judge the adequacy of a subdivision/land development proposal.

A. In reviewing subdivision/land development plans, the Board of Commissioners may refer such plans to the Planning Commission for recommendations concerning the adequacy of existing and proposed community facilities to serve the additional dwellings proposed by the subdivision/land development.

B. All portions of a tract being subdivided/developed shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.

C. When only a portion of the tract is being reviewed relative to subdivision/land development but where future subdivision or development is imminent, the applicant shall demonstrate that the remainder of the tract or parcel may be subdivided or developed in conformance with the existing zoning classification of land use in a logical and satisfactory manner, as a condition of approval of the plan.

D. Applicants shall preserve trees, groves, waterways, scenic historic landmarks and other community assets and landmarks.

E. Subdivisions and land developments shall be laid out so as to avoid the necessity for excessive cut or fill unless specifically warranted by terrain or location.

F. Floodplain areas shall not be subdivided or developed except in strict compliance with the Zoning Code, the standards and requirements of 146-42 of this chapter and, where applicable, with the permission of the Federal Emergency Management Agency (FEMA).

G. Applicants shall observe the ultimate rights-of-way for continuous existing streets as prescribed by the Comprehensive Plan for the township. Additional portions of the corridors for such streets shall be offered to the government agency having jurisdiction at the time the subdivision/land development is consummated. Applicable building setback lines as defined by the Township Zoning Code of current adoption shall be delineated as measured from the ultimate right-of-way.

H. Proposed subdivision/land development shall be coordinated with the existing nearby neighborhood so that the community as a whole may develop harmoniously.

I. Areas provided or reserved for community facilities shall be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed. The Board of Commissioners reserves the right to accept or refuse offers of dedication for public use.

J. Improvement construction requirements shall be completed under the engineering and construction standards of the Township of Abington, the specifications of the Pennsylvania Department of Transportation, Department of Environmental Resources, Montgomery County Soil Conservation District or other appropriate agencies or the specifications included herein, whichever specifications shall result in the more favorable interpretation of this chapter.

K. The subdivider/land developer or builder shall, where specified by the Board of Commissioners, construct and install, with no expense to the township, the streets, curbs, sidewalks, water mains, sanitary and storm sewers, streetlights, fire hydrants, street signs, shade trees, monuments and other facilities and utilities specified in this article. Construction and installation of such facilities and utilities shall be subject to inspection by appropriate township officials during the progress of the work, and the subdivider/land developer or builder shall pay for inspection.

146-24. Streets.

A. Arrangement. Streets shall be arranged in a manner to meet with the approval of the Board of Commissioners, considered in relation to both existing and planned streets and located so as to allow proper development of surrounding properties. Secondary and through highways shall be connected with such existing streets and highways so as to form continuations thereof. Residential streets shall be laid out to discourage their use as secondary streets or through highways.

B. Conformity with topography. Streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable grade, alignment and drainage.

C. Grading. The street shall be graded to the full width of the right-of-way, and provision shall be made for slopes beyond the right-of-way.

D. Right-of-way and paving width.

(1) Streets. The minimum widths of the right-of-way and the paving shall not be less than those on an existing street of which the new street is to be a continuation nor less than the following:

Cartway

Right-of-Way Width

Minimum Between Sidewalk Area

Width Curbs Width

Street Type (feet) (feet) Number (feet)

Residential 50 30 2 10

Secondary 60 40 2 10

Commercial 70 50 2 10

Primary 80 60 2 10

(2) Islands and medial strips. Islands and medial strips may be permitted in streets immediately adjacent to and in commercial zones. However, no circles or circular segments shall be permitted on any street.

(3) Present streets. Where there are present streets, the Board of Commissioners may grant such reasonable exceptions to the requirements for grading and width of cartway provided for in this chapter as will not be contrary to the public interest, subject to conditions necessary to assure adequate streets and other public improvements.

(4) Culs-de-sac.

(a) The minimum right-of-way width shall be 50 feet, and the minimum cartway width shall be 30 feet. The cul-de-sac shall be not less than 250 feet and not greater than 500 feet long terminating in a turnaround with a minimum right-of-way radius of 60 feet and an outer paving radius of 50 feet. No island, barrier or other obstruction shall be placed within the paved radius of the cul-de-sac. The cul-de-sac shall be measured along the center line from the near right-of-way line of the adjacent intersecting street to the center of the turnaround.

(b) A cul-de-sac permanently terminated will not be approved when a through street is practicable. The subdivider/land developer shall have the burden of showing the impracticability of the through street in order to justify a cul-de-sac.

(c) A cul-de-sac temporarily terminated shall be constructed the same as one permanently terminated.

(d) A cul-de-sac permanently or temporarily exceeding 500 feet in length may be approved by the Board of Commissioners if conditions warrant.

E. Alignment.

(1) Sight distance. A minimum sight distance of 300 feet for secondary streets and 200 feet for residential streets, measured at the center line and at driver's eye height of four feet, shall be provided.

(a) Horizontal curves. Horizontal curves shall have a minimum radius on the center line of 200 feet on secondary streets and 100 feet on residential streets. A long radius curve shall be used rather than a series of curves connected by short tangents. Reverse curves shall be separated by tangents of not less than 50 feet. Minimum-radius curves at the end of long tangents will not be approved. Super elevation and additional width may be used for curves of less than six-hundred-foot radii on secondary streets and of less than three-hundred-foot radii on residential streets.

(b) Vertical curves. Vertical curves shall be used at changes in grade of more than 1%. The length of the curve shall be approximate 50 feet on secondary streets and 25 feet on residential streets for each 1% of change in grade. Over summits or in sumps, curves shall not produce excessive flatness in grade. The high- or low-point on a vertical curve must be definitely and clearly shown.

(2) Grade.

(a) Maximum and minimum. The maximum grade shall be 10% for residential streets and 7% for secondary streets. The minimum grade shall be 1% where possible.

(b) Street intersections; culs-de-sac. The grade within 50 feet of any side of an intersection or the outer perimeter of a cul-de-sac shall not exceed 3%. The grade will be measured along the curbline of the street. The grade lines of the curbs at intersections shall intersect if the tangents are extended.

(c) Curve-grade combinations. A combination of minimum-radius horizontal curves and maximum grades will not be approved.

F. Street names and signs. Names for all new streets must be approved by the township. No street name which will duplicate or be confused with the name of an existing street will be approved. Existing street names shall be projected wherever possible. Signposts and nameplates shall be placed at street intersections by the township at the expense of the subdivider/land developer.

G. Obstructions of rights-of-way. No fences, hedges, trees, shrubbery, plants, walls, signs or other obstructions shall be located or be permitted within the right-of-way.

146-25. Intersections.

A. Right-of-way. Wherever practicable, right-of-way lines shall intersect at right angles and shall be rounded by a tangential arc having a minimum radius of 10 feet. Where right-angle intersections are not possible, the angle of intersection shall be not less than 65.

B. Center lines. Where center lines of minor streets open into opposite sides of a major street within 50 feet of each other, they shall be made to coincide by curving the minor street or streets.

C. Multiple intersections. Multiple intersections involving the junction of more than two streets shall be avoided; but where such avoidance is impossible, such intersections shall be designed with extreme care for both vehicular and pedestrian safety.

D. Curb. Wherever practicable, curblines shall be rounded by a tangential arc, the minimum radius of which shall be 20 feet. The curbline radius shall be concentric with that of the right-of-way line, except at the intersections of streets having different widths between curblines and right-of-way lines.

E. Primary thoroughfare. Wherever practicable, intersections with through highways shall be kept to a minimum and should be located at least 1,200 feet apart.

F. Sight distance. Proper sight lines shall be maintained at all intersections of streets. There shall be measured along the center line a minimum clear sight triangle of 65 feet from the point of intersection. No buildings, trees, hedges, shrubbery or other obstruction within the subdivision/land development will be permitted in this area. Any obstruction to sight shall be removed at the time the street is graded.

146-26. Alleys.

A. Where permitted. Alleys may be provided in commercial and industrial districts to provide access to off-street parking, loading and unloading facilities. Alleys in residential areas will not be approved in the absence of special conditions requiring them.

B. Right-of-way width and paving width. The width of the right-of-way shall be not less than 25 feet, and the width of the paving shall be not less than 20 feet. The paving requirements shall be the same as for street paving.

C. Turning area. An alley terminating in a barrier will not be approved unless adequate turning area at the end is provided.

D. Intersections. Intersections of right-of-way lines shall be rounded by a tangential arc, the minimum radius of which shall be 10 feet; and the edge of the paving at intersections shall be rounded by a tangential arc, the minimum radius of which shall be 15 feet.

E. Obstructions. No fences, hedges, trees, shrubbery, walls, plants, signs or other obstructions shall be located within the right-of-way. Reasonable sight distance shall be provided at intersections with streets.

146-27. Sidewalks and curbs.

A. Where required. Sidewalks shall be provided along all streets except where, in the opinion of the Board of Commissioners, they are unnecessary for the public safety and convenience.

B. Width and thickness.

(1) Sidewalks shall be not less than four feet in width in residential areas. A greater width shall be required in areas in which apartments or business buildings are located or where deemed necessary at the discretion of the Board of Commissioners.

(2) Sidewalks shall be constructed of concrete, four inches in thickness, except at driveways, where the thickness shall be increased to six inches for the full width of the driveway.

C. Location. Sidewalks shall be located between the curb and right-of-way line, six inches from the property line.

D. Grade and paving. The paving of the sidewalk shall be continuous across driveways; the grades shall not be depressed, but they may be sloped. Special entrances may be permitted where, in the opinion of the Board of Commissioners, they are necessary for public safety and convenience.

E. Access ramps. At corners and other pedestrian street-crossing points, sidewalks shall be extended to the curbline with ramps for adequate and reasonable access across curbs by physically handicapped persons, including those in wheelchairs.

F. Curb design. Curbs shall be the vertical type and constructed in accordance with township specifications.

146-27.1. Curb and sidewalk escrow requirement. [Added 5-8-1996 by Ord. No. 1791]

When the Board of Commissioners determines that the installation of curbs and sidewalks are not required for a lot or parcel of ground undergoing subdivision or land development approval, the applicant or developer shall be required to post an escrow amount with the Township of Abington for a period of two years following construction permit issuance, in an amount sufficient to complete curb and sidewalk installation along all street frontage involving the application, when any additional lots or parcels of land remain along the block(s) to which the lot or parcel has frontage which are capable of subdivision or land development at a future point in time.

146-28. Off-street parking areas.

All subdivision/land-development plans shall provide off-street parking areas as set forth in the Zoning Code of the township.EN The parking requirements include, but are not limited to, the following provisions:

A. Dimensions of parking spaces. All parking spaces for vehicles shall be 10 feet wide by 20 feet long. All spaces shall have adequate maneuvering room with clear access at all times entering and exiting the space. Where required by state and/or federal law, the subdivider/land developer shall make provision for handicapped parking (space size, location, number of spaces and identification). Proper access from a street shall not include access directly from the street to a parking space, except for single- and two-family dwellings.

B. Access and egress. Entrances, exits and driveways in a parking lot shall be a minimum of 24 feet wide, excluding parking areas designated for parking vehicles.

C. Aisles and drives. Interior circulation drives and aisleways through an off-street parking area shall be a minimum of 24 feet wide, excluding areas designated for parking vehicles, for two-way traffic, and 12 feet wide for one-way traffic. All one-way drives and aisles shall be clearly marked by appropriate pavement painting and signage.

D. Loading areas. All loading/unloading areas shall be a minimum of 600 square feet, 12 feet by 50 feet in size with clear access at all times to the space. The load/unload space may not be made a part of any regular vehicular parking space and shall be clearly marked by appropriate painting and signage.

E. Firesafety. All off-street parking area layouts shall conform to the fire prevention provisions of 146-41 of this article. The Fire Marshal of the Township of Abington shall review and approve all parking plans for compliance with the requirements of 146-41.

146-29. Blocks.

Blocks shall be planned to suit the topography and character of the site, use of the land and reasonable convenience.

A. Length. In general, all blocks in a subdivision/land development shall have a minimum length of 500 feet and a maximum length of 1,200 feet unless special conditions warrant a variance.

B. Width. Whenever practicable, blocks shall be of such width as to provide two tiers of lots of the minimum size permitted under the applicable zoning classification, except in the case of lots along a major thoroughfare where the lot fronts on an interior street.

C. Through lots. Double-frontage lots are to be avoided and generally will not be permitted.

D. Crosswalks.

(1) Crosswalks may be required where necessary to provide access to schools, buildings of public assembly, parks and commercial areas. They shall be maintained by the abutting property owners in the same manner as sidewalks on public streets.

(2) Such crosswalks shall have an easement width of not less than 10 feet and a concrete-paved walk not less than four feet wide.

146-30. Lots.

A. Depth. Lots excessively deep in relation to width or excessively irregular in shape are to be avoided. A ratio of 21/2 in depth to one in width is generally accepted as a proper proportion.

B. Frontage. Every lot hereafter created by subdivision/land development shall have a frontage along the right-of-way of a street. Each lot shall conform to the lot-frontage requirements of the Zoning Code.EN

C. Requirements. The minimum requirements of a lot shall be specified for the applicable district as provided in the current zoning provisions of the Zoning Code.

D. Steep slope. Any lot that is created in a subdivision/land development and is affected by the steep-slope provisions of the Zoning Code may be developed only if it complies with the applicable section of the Zoning Code when building is contemplated.

E. Floodplain. Any lot that is created in a subdivision/land development and is affected by a floodplain or wetland area may be developed only in compliance with the floodplain section of the Zoning Code and only with the permission of the Federal Emergency Management Act (FEMA), where applicable.

F. Cul-de-sac. Where cul-de-sac designs are utilized, the permitted lot width at the street line may be reduced to 30 feet.

146-31. Reserve strips; rights-of-way; easements.

A. Rights-of-way and/or easements. Rights-of-way and/or easements for sanitary utilities, road construction or maintenance or for drainage purposes, public utilities or any other specific purpose shall be required by the Board of Commissioners as needed. The location and width in each case shall be determined by the township.

(1) Building setback lines. Building setback lines shall be measured from the nearest side of the right-of-way or easement to the proposed building.

(2) Lawn. No trees, shrubs, fences, signs, structures of any type or any other obstruction shall be placed, planted, set or put within the area of an easement. The area shall be kept as lawn.

(3) Expense of removal. The owner of any lot shall, upon written request by the township and at the sole expense of the owner, remove anything placed, planted, set or put within the area of any easement with or without knowledge of this regulation.

(4) Placement. To the fullest extent possible, easements shall be adjacent to rear or side lot lines.

(5) Deed. No right-of-way or easement for any purpose whatsoever shall be recited or described in any deed unless the same has been shown on the approved plan. Any error found in a deed shall be immediately corrected and rerecorded in the office of the Recorder of Deeds for Montgomery County at Norristown, Pennsylvania, at the sole expense of the subdivider/land developer.

(6) Easements for storm drains and sanitary sewers. Easements for present or ultimate construction of storm drains and sanitary sewers having a minimum width of 20 feet shall be provided where necessitated by topographical conditions.

(7) Easements for watercourses. Where a subdivision/land development is traversed by a natural watercourse, drainage easements shall be required to a minimum width of 25 feet from the center line, and such easement may be used for installation of storm and sanitary sewers and as open space. Where conditions warrant (such as in floodplains), additional width shall be required in such cases where runoff treatment requires a wider easement. Engineered stormwater runoff studies must prove such requirements beyond the floodplain.

(8) Easements for stormwater and surface water. Where stormwater or surface water will be gathered within the subdivision/land development and discharged or drained in volume over lands within or beyond the boundaries of subdivision/land development in a way that affects adjoining properties, the subdivider/land developer or builder shall reserve or obtain easements over all lands affected. The easements shall be adequate for such discharge of drainage and for carrying off of such water and for the maintenance, repair and reconstruction of the same, including vehicles, machinery and other equipment for such purposes and which shall be of sufficient width for such passage and work. The subdivider/land developer or builder shall convey, at no cost, the easements to the township upon demand.

(9) Easements for utilities. Easements having a minimum width of seven feet shall be provided along the rear of lots for use by utility companies for constructing, operating and maintaining facilities utilizing overhead pole-line construction, where said overhead line(s) are permitted.

B. Reserve strips. Reserve strips controlling access to streets, alleys, subdivisions or adjacent areas are prohibited.

146-32. Survey monuments; bench marks; deed correction.

A. Monuments. Monuments shall be of stone or concrete and located on the right-of-way lines at corners, angle points, beginning and end of curves and as otherwise required. Monuments shall be indicated on all plans. They shall be placed after a new street has been completed. A certified copy of this referenced information shall be given to the Township Engineer. Permanent reference monuments of concrete or durable stone 20 inches by four inches by four inches with forty-five-degree beveled edges shall be set by the subdivider/land developer or builder.

B. Bench marks. The township elevations are based on the township sanitary sewer system datum. Location and elevation is available to all engineers and surveyors upon request to the office of the Township Engineer. All contours and elevations shown on plans must be based on this system.

C. Staking requirements. All lots shall be staked by the registered engineer or surveyor for the subdivider/land developer when final grading has been completed. This stakeout shall be visible and completed before an owner or occupant takes possession of the property. All lot corner markers shall be permanently located in the ground to existing grade and shall be at least a five-eighths-inch metal pin with a minimum length of 24 inches.

D. Errors in deeds. Any error found in a deed shall be immediately corrected, and the deed shall be rerecorded in the office of the Recorder of Deeds of Montgomery County at Norristown, Pennsylvania, at the sole expense of the subdivider/land developer.

146-33. Drainage.

The subdivider/land developer shall provide control of all surface water and shall implement such measures as are required by the Storm Water Management Act of the Commonwealth of Pennsylvania, and amendments thereto,EN as are reasonably necessary to protect the health and safety of the population and the security of properties surrounding the subdivision/land development.

A. When required. The subdivider/land developer shall construct storm drains and appurtenances to take surface water from the bottom of vertical grades which slope on both sides toward the bottom, to lead water away from springs and to avoid excessive use of cross gutters at street intersections and elsewhere. All surface waters shall be enclosed in a storm drain. No open watercourse shall be permitted except along a natural stream unless, in the opinion of the township, it will not interfere with public convenience or safety.

B. Computations and design.

(1) The computations and design for the drainage system, including runoff calculations, locations and size of inlets, determination of type and size of storm sewer pipe, design of swales and ditches shall be in accordance with the standards of the Township of Abington and/or with Chapter 12 of Design Manual No. 2, Pennsylvania Department of Transportation. All of the computations and designs with plans indicating drainage runoff areas and coefficients shall be submitted with the subdivision/land development application for township review and shall be approved by the Township Engineer. The following tables and charts shall be used for computations:EN

Rational Formula for Amount of Runoff

Q = CiA

Where

Q = Runoff from district in cubic feet per second.

C = Coefficient of runoff.

i = Intensity of rainfall in inches per hour.

A = Area of district in acres.

Runoff Factors for the Rational Equation

Area (C) Runoff Coefficient

Single-family lot

2 acres 0.40

1 acre 0.46

0.50 acre 0.50

0.25 acre 0.56

Townhouse, multifamily 0.70

Commercial 0.75

Industrial 0.80

Parks, cemeteries 0.38

Unimproved 0.35

Ratio of Runoff to Rainfall for Various Surfaces

Surface Percent

Roofs and all paved surfaces 90%

Impervious soils 75%

All other surfaces except 30%

permanent wooded areas

Permanent wooded areas 20%

(2) Stormwater design for residential areas and streets shall be based on a ten-year storm; commercial and industrial areas, secondary and primary streets shall be based on a twenty-five-year storm; stormwater detention shall be sized to limit the peak outfall to the predevelopment rate for two- , five- , ten- , twenty-five- , fifty- and one-hundred-year storms. All stormwater designs shall provide for overflow that will cause no damage to property nor affect the health and safety of individuals. Additional storage shall be provided to compensate for basin bypass areas. A subdivider/land developer who chooses not to use the rational method for calculation of stormwater runoff may use the Soil Conservation Service method.

C. Location. Wherever practicable, storm drains shall be located behind the curb and within the right-of-way of the street. They shall be protected by a cover of at least 24 inches diameter.

D. Size, grade and type. Storm drains shall be adequate for the anticipated runoff when the area is fully developed as permitted by zoning. They shall have a minimum internal diameter of 15 inches and a minimum grade of 0.5% unless otherwise approved by the Township Engineer. Reinforced cement concrete pipe (RCCP) shall be used where the system is to be accepted by the township.

E. Change in direction. Special curved storm drain sections may be used where abrupt changes are made in alignment in lieu of constructing manholes if the circumstances and size of pipe so warrant.

F. Manholes. Manholes shall be constructed at all changes in horizontal or vertical alignment and shall be spaced not more than 300 feet apart. Inlets may be substituted for manholes where they will serve a useful purpose.

G. Inlets. City No. 1 open-mouth inlets shall be placed in any instance when the gutter flow equals or exceeds five cubic feet per second. Double City No. 1 inlets shall be placed in any instance when the gutter flow equals or exceeds five cubic feet per second. No inlet smaller than the City No. 1 open-mouth inlet shall be used. Single No. 1 open-mouth inlets shall be used on streets with grades of 3% or less. Double City No. 1 open-mouth inlets shall be used on streets with grades of more than 3%. Inlets at street intersections shall be placed on the tangent and not on the curved portions. The gutter adjacent to an immediate upgrade from the inlet shall be shaped to direct the water into the inlet.

H. Castings. Manhole and inlet castings, together with their covers or gratings, shall conform to township standards as may be in effect at the time the design of the sewer is submitted.

I. Stormwater roof drains. Stormwater roof drains and pipes shall not discharge water over a sidewalk but shall extend under the sidewalk to the gutter. Where storm drains are accessible, the roof drain shall be connected thereto.

J. Adjacent drainage. Approval of plans by the township does not authorize or sanction drainage affecting adjoining properties.

K. Drainage from nonnatural sources. Water originating from such nonnatural sources as swimming pools, air-conditioning units, sump pumps or other dry-weather flow shall, wherever practicable, be discharged into natural watercourses on the property, or such sources shall be connected to the storm drainage system of the township. These facilities may not be used for pollutional matter.

L. Streams and watercourses. Changes to natural streams shall be made only when specifically applied for and approved. Realignment must conform to properly hydraulic design and shall require the dedication of rights-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed.

146-34. Bridges and culverts.

Bridges and culverts shall be designed to meet current Pennsylvania Department of Transportation design criteria and standards for construction and shall be constructed to the full width of the right-of-way. Waterway openings for drainage areas exceeding 1/2 square mile shall be approved by the Division of Dams and Encroachments, Pennsylvania Department of Environmental Resources. A plan involving the construction of bridges or culverts shall include the designer's computations as to both hydraulic and structural design.

146-35. Sanitary sewers and on-site disposals.

A. General. This section shall be applicable to all subdivisions and land development, whether utilizing public or private streets or driveways serving as private streets, and in the case of a subdivision/land development utilizing private streets, the subdivider/land developer or applicant shall execute a recordable covenant with the township that, for the purposes of sewer connections, assessments and rentals, the rights and liabilities of himself/herself and his/her grantees, heirs, successors and assigns shall be the same as if his/her property abutted a public street.

B. Sewers.

(1) Whenever practicable, sanitary sewers shall be installed and connected to the township sanitary sewer system as prescribed by the township's Comprehensive Sewer Plan.EN In areas presently and not presently served by public sanitary sewers, appropriate sewage disposal must be provided in accordance with the regulations of the Pennsylvania Sewage Facilities Act (Act 537);EN and application for a Department of Environmental Resources permit, either active or capped, shall be made through the township sewage enforcement officer. In addition, the installation and capping of sanitary sewer mains and lateral connections, as may be necessary to provide adequate service to each lot, shall be required when connection to the township sanitary sewer system is made.

(2) Capped sewer lines shall be suitably capped at the limits of the subdivision and/or land development. Laterals shall be extended and capped at the building setback line or within six feet of the house when the house location is determined, whichever is nearer the house. The sewer installation shall include the construction within rights-of-way or easements to bring the sewer to the future connection with the township sanitary sewer system. [Amended 3-13-1997 by Ord. No. 1785]

C. Design and construction of sewers. The design and construction of the sanitary sewer system, including size and grade of sewer pipe, manholes, laterals, pumping stations, trenches and all appurtenant work thereto, shall be in accordance with the standards of the Township of Abington.

(1) Laterals. Lateral connections to each lot shown on the final plan shall be installed to the right-of-way line of the street prior to paving. Each building shall have gravity drainage from the basement elevation and a separate connection to the township sewer as regulated by Chapter 132, Sewers and Sewage, of the Code of the Township of Abington.

(2) Size, grade and type. Sanitary sewers shall have a minimum inside diameter of eight inches and a minimum grade of 1/2%. Ductile iron pipe shall be used in all cases.

(3) Manholes. Manholes shall be located at intervals of 250 feet and at each change of line or grade. In exceptional cases, the interval may be extended to not more than 300 feet. Manhole appurtenances shall conform to current township standards.

(4) Pumping station. The installation of a pumping station shall be permitted if approved by the Board of Commissioners. The design, plans and specifications for the installation of a pumping station shall be approved by the Township Engineer prior to the approval of the subdivision or land development plans.

(5) Testing. The sanitary sewer system shall be tested in accordance with the standards of the Township of Abington and shall be approved by the Township Engineer before buildings are permitted to be connected to the laterals.

D. On-lot disposal system.

(1) If public sewage disposal is not available and the sewage treatment is on a project or individual-lot basis, such private facilities must be installed by the subdivider/land developer or builder in accordance with the provisions of the Pennsylvania Sewage Facilities Act (Act 537). A certificate of approval of the on-site sewage disposal facilities must be obtained from the sewage enforcement officer of the Township of Abington; the on-site sewage disposal facilities must also meet the current requirements of the Department of Environmental Resources.

(2) Usable area. The usable area for sewage disposal shall be shown on the preliminary and final plans for each lot. Such facilities shall be located to permit easy and economical connection to the capped sewer when it is available for use.

146-36. Water supply.

Each lot in a subdivision/land development and each building intended for occupation by persons shall be provided with an adequate supply of potable water.

A. Public water supply. Whenever possible, the subdivider/land developer or builder shall provide public water service adequate to supply water to each lot in a subdivision/land development.

(1) Where water is to be provided by means other than by private wells owned and maintained by the individual owners or lots within a subdivision/land development, applicants shall present evidence to the Board of Commissioners that a certified public utility, a bona fide cooperative association of lot owners or a municipal corporation authority or utility shall provide necessary water. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question shall be acceptable evidence.

(2) The public water system shall be designed to provide a loop system unless the applicant, builder or developer can establish that the construction of a loop system will be an undue hardship.

B. Wells. Where no public water service is available and it would be an undue hardship for the subdivider/land developer or builder to have the public water service extended, the subdivider/land developer or builder may, upon approval by the Board of Commissioners, be permitted to construct a well on each lot. The subdivider/land developer or builder shall be required to obtain, from the township health officer, certificates of approval as to the quality of the proposed water supply.

(1) Fire prevention. The subdivider/land developer or builder shall comply with all of the fire prevention requirements as per 146-41 of this article.

(2) Construction. All wells shall be constructed according to the rules and regulations of the Department of Health of the Township of Abington in effect at the time the well is constructed.

(3) Plan requirements. The proposed locations of wells shall be shown on the preliminary and final plans for each lot. Where there are existing wells on the property or adjoining lots, they also must be shown.

(4) Sewage disposal radius. A circular area with a radius conforming to the current rules and regulations of the Department of Health of the Township of Abington shall be shown around each well to denote clear space in which no sewage disposal system is to be located.

(5) Adjacent wells. Where public water service is furnished, the circles referred to in Subsection B(4) are not necessary, with the exception of those wells lying immediately adjacent to the subdivision/land development. However, the usable area limited by a clear zone surrounding the water service line to each building intended for human occupancy as required by the Department of Health of the Township of Abington shall be shown.

146-37. Utilities.

All water mains, gas mains, electric, telephone and other communication services shall be located underground; and such facilities shall be installed prior to street paving. Electric, telephone and communication service facilities, both main and service lines, shall be provided by underground cables installed in accordance with the prevailing standards and practices of the utility or other companies providing such services except where it is demonstrated to the satisfaction of the Board of Commissioners that the underground installation herein required is not feasible because of the physical condition of the lands involved. All main underground cables which are within the right-of-way of a street shall be located as specified by the Board of Commissioners.

146-38. Streetlighting.

Streetlighting shall be installed along each street in each subdivision and along each street front abutting a public street in each land development by the subdivider/land developer and at the expense of the subdivider/land developer.

A. Plan requirements. The subdivider/land developer shall submit a plan showing the type and location of each streetlight to be installed, and the plan shall also specify the supplier and installer of such lights. The plan will be submitted for review and approval by the township, and no streetlights shall be installed prior to such review and approval.

B. Dedication. Upon final approval of construction and dedication of all public improvements, the subdivider/land developer shall dedicate the streetlights to the township and shall assign all applicable warranties to the township.

C. Installation. All streetlights shall be mounted on metal streetlight standards or poles designed for such purpose, unless waived by the Board of Commissioners.

146-39. Landscaping.

Trees, shrubs and other plantings are required as per the provisions of Article VI of this chapter and of the Zoning CodeEN whenever land is subdivided/developed.

A. Shade trees. Shade trees are to be provided along all streets whenever improvements are to be constructed in a subdivision/land development as set forth in Article V of this chapter. The subdivider/land developer shall endeavor to preserve existing shade trees in the development of the property.

(1) Placement. Shade trees shall be provided by the subdivider/land developer and planted approximately five feet inside the lot lines paralleling the right-of-way line. The trees shall be placed to provide an approximate average spacing of one tree per 50 feet or planted in an alternate arrangement consistent with township policy encouraging the use of shade trees in subdivision/land development. The trees shall be located so as not to interfere with the installation and maintenance of sidewalks and utilities or the operation of streetlights, nor shall they be placed within the clear sight triangle at street intersections.

(2) Planting requirements. The trees shall be nursery stock compatible with the soils, existing trees and climatic conditions in the subdivision. They shall be symmetrical in growth, free of insects and disease and suitable for street planting. The trees shall have a minimum trunk diameter of two inches measured 12 inches above the ground level. The trees shall be planted, staked and maintained in accordance with acceptable nursery practices.

B. General landscaping. Additional landscaping and planting shall be required on each building site or lot. The landscaping requirement shall be based upon land use.

(1) Single-family residential use. In addition to the requirement of shade trees as per Subsection A above, each building site or lot intended for single-family use, whether part of a residential subdivision or the development of a single lot, shall be landscaped as follows: all yard areas as defined in the Zoning Code shall be graded, drained and landscaped with trees and shrubs, lawn and/or ground cover.

(2) Multifamily residential, commercial, office, business and industrial uses. Any new subdivision/land development or expansion of existing facilities intended for any multifamily residential, commercial, office, business or industrial use must meet the requirements of the Zoning Code for landscaping, buffers, screens and green area (space). If any existing development site proposed for expansion is in nonconformance with the requirements of the Zoning Code, the subdivider/land developer or builder shall be required to conform to current zoning district requirements or to obtain a special exception from the Zoning Hearing Board as required in the Zoning Code.

(a) Required buffers and screens shall be landscaped as per the provisions of the Zoning Code.

(b) Green areas (spaces) required by the Zoning Code shall be properly graded, drained, planted and maintained as lawn, ground cover, trees or shrubs.

(c) Minimum tree/shrub plantings for the green area shall include a minimum of one deciduous or evergreen tree of two-and-one-half-inch caliper, measured at a height of three feet above grade, for each 1,000 square feet of green area. Three evergreen shrubs of 21/2 feet in height may be substituted for one tree for a maximum of 50% of the tree requirement. The tree/shrub requirement may be met by preserving existing trees as provided in Subsection B(4).

(3) Off-street parking areas.

(a) All off-street parking areas shall be screened in accordance with the requirements of the Zoning Code relating to buffer areas and yards. Further, off-street parking areas must comply with the following standards for interior landscaping:

[1] At least 5% of the total area devoted to parking area, not including buffers or yards on the perimeter, shall not be paved but shall be used for interior landscaping within a parking area.

[2] For any land use where the total number of parking spaces exceeds 10 stalls, at least one two-and-one-half-inch caliper deciduous or evergreen tree shall be planted within the parking area. An additional tree of the same size shall be planted for each additional 15 spaces or portion thereof.

(b) The tree requirement may be met by preserving existing trees as provided in Subsection B(4).

(4) Existing tree preservation credit.

(a) The number of trees required by this section may be reduced by giving credit to the approved preservation of existing trees as computed below:

Trunk Diameter

of Approved

Preserved Tree Number of

(inches)* Trees Credited

30 or greater 6

30 to 35 5

26 to 29 4

20 to 25 3

13 to 19 2

3.5 to 12 1

* NOTE: Measured at a height of 31/2 feet above the natural grade.

(b) To be eligible for approval, a preserved tree shall be maintained in such a manner that 50% of the ground area under and within the outer perimeter of the tree shall be maintained at the existing grade level in either vegetative landscape material or pervious surface cover.

(c) To be eligible for approval, trees shall be preserved as specified in the guidelines for tree preservation and protection of the Association of Consulting Arborists.

(5) Maintenance of landscaping. The subdivider/land developer or builder shall protect any required landscape areas (buffer, green areas) by the use of wheel stops, curbing or other suitable methods.

C. Guaranty. All landscaping required under this section and the provisions of the Zoning Code shall be guaranteed by the subdivider/land developer or builder for a period of one year after the township has issued an occupancy permit for the property. It shall be the responsibility of the subdivider/land developer or builder to protect, maintain and feed (if necessary) both newly planted and existing plant materials during this period to ensure that plants are alive and healthy. An inspection shall be made by the township at the end of the one-year period; any plant materials unacceptable at the time of inspection shall be replaced in order to satisfy the landscaping requirements of this section and the Zoning Code.

146-40. Recreational areas and community assets.

Wherever practicable, provision shall be made by the subdivider/land developer for suitable open space for parks, playgrounds and recreational areas. In commercial areas, provision shall be made for suitable open space for walkways connecting parking facilities with commercial structures, malls, sitting areas, etc. Due consideration shall be given to the preservation of natural features, including large trees, groves, waterways, scenic points, historical spots and other community assets. Subdividers/land developers shall provide land or public space for open space, parks and active or passive recreation areas as required by this section and the Zoning CodeEN in accordance with the following standards:

A. Amount.

(1) Excluded land. Land set aside by the developer for open space shall not include the following:

(a) Any impervious surface coverage, such as public or private streets or roads and parking areas;

(b) Yard areas conveyed by sale or lease to the owner or occupant of the property as his/hers for exclusive use by the owner or occupant of the property;

(c) More than 30% of buffer yard areas; and

(d) More than 50% of land which is required to be preserved as open space pursuant to other provisions of the Zoning Code of the Township of Abington.

(2) Amount per dwelling unit. An amount of land to be provided for recreation and open space purposes shall be supplied by residential subdividers/land developers for all single-family residential developments of five or more units. The subdivider/land developer shall provide 1,000 square feet of recreation land for each and every lot or dwelling unit. Recreation land dedicated must meet the standards established in this chapter. For multifamily residential developments, the following scale shall apply:

Dwelling Units Total Gross Area

per Gross Area (percent)

1 to 5 10%

6 to 10 13%

15 to 20 17%

(3) Exception. This provision shall not apply to any lot held in single or separate ownership, by deed recorded prior to the effective date of this chapter, which is to be utilized for single-family detached or semidetached dwellings in a zone where said uses are permitted.

B. Criteria. All required recreational facilities shall be designed to comply with the following criteria:

(1) Site or sites shall be easily and safely accessible from all areas of development to be served, have good ingress and egress and have access to a public road. However, no road shall traverse the site or sites.

(2) Site or sites should have suitable topography and soil conditions for use and development as a recreation and open space area.

(3) The size, shape and location should be suitable for the parcel's intended use.

(4) The site should be free of utility transmission lines whether underground or overhead.

(5) Consideration should be given as to whether or not the proposed site is accessible to such utilities as water, power and light.

(6) The site should be compatible with the Pennsylvania Comprehensive Recreation and Park Plans.

146-41. Fire prevention requirements for buildings and building groups.

A. Application of requirements.

(1) The fire prevention requirements in these regulations are minimum standards. Where conditions so warrant, the Fire Marshal of the Township of Abington may recommend to the Board of Commissioners that the requirements be increased or that an exception or modification to one or more of the requirements be granted. In either instance, the Fire Marshal shall provide the Board with a written justification as to his/her recommendations.

(2) Minimal requirements shall be determined by the provisions of the prevailing edition of the National Fire Protection Association (NFPA) Standards. The Fire Marshal shall determine the applicable requirements of this chapter.

B. Fire prevention requirements.

(1) Fire lanes. Fire lanes shall be provided and maintained where the development of building groups is proposed, as designated by the Fire Marshal.

(a) Fire lanes shall permit access to every building by fire-fighting equipment. Fire lanes shall be of an all-weather surface not less than 20 feet of unobstructed width, able to withstand live loads (with a thirty-ton minimum) of fire-fighting apparatus and have a minimum vertical clearance of 14 feet; and they shall be located not less than five feet nor more than 30 feet from any structure. The grade of the fire lane shall be within the limits established by the Fire Marshal.

(b) No apparatus, device or structure, including but not limited to utility meters, transformers and protecting bollards, shall be located within a fire lane.

(c) All portions of the first three floors of a building must be within 150 feet of a street or an approved fire lane, as the hose would be laid. When buildings are protected throughout by an approved automatic sprinkler system, the provisions of this subsection may be modified.

(d) All buildings of three or more stories must be provided with two means of access, each not less than 25 feet wide, from the roadway or fire walkway to the building, which shall provide access for fire-fighting equipment to the entire building.

(e) A fire lane or walkway may be no closer than five feet and no farther than 30 feet from a structure.

(f) Where a bridge or elevated access to a bridge is required to be used as access, it shall be constructed using live-load design sufficient to carry the imposed loads of thirty-ton fire-fighting apparatus.

(g) Fire lanes shall be marked with freestanding signs and/or marked curbs, sidewalks or other traffic surfaces painted in contrasting colors of a size, spacing and wording approved by the Fire Marshal.

(h) All private drives and roads must be marked as such and approved by the Fire Marshal.

(2) Walkways that accommodate fire-fighting vehicles. Walkways that accommodate fire-fighting vehicles may be permitted in extreme or unusual cases and are subject to the approval of the Fire Marshal and Township Engineer.

(a) Fire walkways must be a minimum of 12 feet wide and designed to withstand the weight (a minimum of 30 tons) of a fire-fighting vehicle.

(b) Fire walkways shall be linked to the roadways by means of a curb cut and ramp to the elevation of any fire walk or drive. Grades of fire walkways or fire lanes shall not exceed 10%.

(c) Provision shall be made to ensure access to the fire walkways. No vehicle parking shall be permitted within 15 feet of access to fire walkways. A chain of one-fourth-inch non-case-hardened steel shall be placed across the entrance of the fire walkway or lane. The location of the chain shall be approved by the Fire Marshal.

(3) Overhead obstructions. No driveway, roadway, alley, fire lane or other accessway to any development site, building or group of buildings shall be obstructed in any manner and shall be maintained such that fire-fighting equipment will, at all times, have clear access to each and every structure.

(a) All tree/shrub limbs shall be pruned or trimmed back, and all above-ground utility/cable lines and freestanding signs shall be installed such that every accessway as set forth above will have a vertical clearance of at least 14 feet.

(b) All porticos, porches, awnings, archways, pedestrian bridges/walkways and other building projections which extend into or are constructed to cross overhead of any accessway as set forth above shall have a minimum vertical clearance (measured from the grade to the underside of the overhang, roof or awning) of 14 feet except in circumstances where both of the following conditions will be met:

[1] The development site, building or building group is provided with fire-fighting access (fire lane or walkway) as required by this section; and

[2] The clearance from the underside of the overhang, roof or awning is clearly indicated on a sign which shall be prominently posted on the overhang, roof or awning.

(4) Fire hydrants and fire connection. The Abington Fire Marshal shall approve the location of all fire hydrants and connections thereto.

(a) No off-street parking area shall be located within 15 feet of a fire hydrant.

(b) Approved hydrants meeting the minimum fire-flow requirements established by the Fire Marshal, the standards of the National Fire Protection Association (NFPA) Code 24 and all other requirements of this section shall be installed.

(c) All hydrants shall be accessible to fire-fighting apparatus by roadways meeting the specifications for access by fire-fighting apparatus as required by this chapter. Fire hydrants shall be painted the color determined by the Fire Marshal. As required by the Fire Marshal, reflective markers identifying fire hydrant locations shall be installed. All fire hydrants shall be equipped with outlets of the size and thread type as determined by the Fire Department of the Township of Abington. All fire hydrants shall be installed on water mains of at least eight inches in diameter. Systems shall be looped when practicable and shall not require the operation of manual valves or other devices in order to achieve the required fire flow.

(d) A working hydrant shall be located within 500 feet of all buildings under construction. On-site hydrants and access roads shall be installed prior to and during construction. An unobstructed roadway with a stone base capable of supporting 30 tons shall be provided to allow passage of fire-fighting equipment to any building under construction.

(e) The fire flows of hydrants shall meet National Fire Protection Association (NFPA) 1231 criteria as a minimum. In addition, where the requirements for fire flow listed herein exceed NFPA standards, the requirements of this chapter shall prevail.

[1] For single- and two-family dwellings, a fire flow minimum of 500 gallons per minute (GPM) at 20 pounds per square inch (PSI) residual pressure shall be required.

[2] For other buildings, fire flows shall be determined by the Fire Marshal, taking into consideration the fire area, type and occupancy, construction and exposures of the building. The minimum required fire flow of 1,000 GPM at 20 PSI residual pressure shall be required.

[3] When the structure is provided with total coverage by an approved automatic sprinkler system, the Fire Marshal may grant an exception to the fire flow requirements which could reduce up to 50% the required fire flow. For other than one- and two-family dwellings, the minimum fire flow shall be in no case less than 1,000 GPM.

(f) Fire Department connections shall be provided at locations approved by the Fire Marshal. Required sprinkler system and standpipe connections shall be located within 50 feet of public streets or fire lanes and 200 feet of a hydrant.

(g) Fire hydrants located in parking areas shall be within three feet of the driveway or roadway. The hydrant shall be protected by eight-inch elevated concrete curbing.

(5) Trash containers and enclosures.

(a) No trash container or enclosure may be located within 15 feet of any property line or building.

(b) No trash container or enclosure may be located in any fire lane, right-of-way, easement or parking space.

146-42. Special drainage problems, flood-prone areas and watercourses.

Those areas defined as floodplain by the Floodplain Conservation District of the Zoning Code of the Township of Abington shall be subject to the requirements and restrictions contained in the Zoning CodeEN and the following additional regulations which are intended to conform to the requirements of Section 60.3d of the National Flood Insurance Program, P.L. 90-448 and the Pennsylvania Flood Plain Management Act (P.L. 851, No. 166 of 1978) as either is amended.EN

A. Development.

(1) No subdivision allowed. The Board of Commissioners may, when it is deemed necessary for the health, comfort, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit subdivision/land development of any portion of the property which lies within the floodplain of any stream or drainage course.

(2) Preservation. All floodplain and wetland areas shall be preserved from any and all destruction or damage by clearing, grading or dumping of earth, waste material, stumps or other material of any kind.

(3) Safe building site. Each subdivision lot or development site in flood-prone areas shall be provided with a safe building site with adequate access. Public facilities which serve such sites shall be designed and installed to preclude flood damage at the time of initial construction.

(4) Flood zone determination. Developers shall consult with the Township Engineer to make a determination as to whether or not the proposed subdivision/land development will be affected by an identified flood-prone area.

(5) Development limitation. If the Board of Commissioners determines that only a portion of a proposed plan can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.

(6) Changes to drainage watershed. Any development which creates a significant change in the characteristics of the watershed, thus increasing volume and velocity of surface water runoff due to the decrease in retention and infiltration of stormwater, shall not be permitted until guaranties are made of improvements that will reduce the likelihood of erosion, sedimentation, inundation and water drainage from peak periods of precipitation and provide for controlled disposal of excess surface water. Such improvements must satisfy the requirements and regulations of the Pennsylvania Department of Environmental Resources, Bureau of Water Quality Management and Dams and Encroachments.

(7) Continuously flowing watercourses. All continuously flowing natural watercourses shall be maintained in their natural state, except that removal of debris and correction of severe erosion shall be required.

(8) Intermittent watercourses. Intermittent watercourses shall be maintained essentially at their existing alignments and gradients, except that they may be improved by minor regrading and shall be either placed in grass or provided with erosion-preventive improvements, such as riprap. Paving of such watercourses shall not be allowed; nor shall piping, except under roads, driveways and walkways.

(9) Subdivision allowed. Where not prohibited by this chapter or by any other codes or ordinances of the Township of Abington, land in a floodplain may be subdivided/developed in accordance with this chapter and any other codes or ordinances regulating such development.

B. Minimum public improvement design standard. Any structure or public improvement (streets, sewers, utilities, water mains, etc.) proposed for construction, installation or expansion which lies within the boundaries of a floodplain and which has been approved by the Board of Commissioners and the Zoning Hearing Board of the Township of Abington and by applicable outside agencies shall meet the minimum design standards set forth herein.

(1) Structures. All structures shall be constructed in conformance with the prevailing building, plumbing and fire codes of the Township of Abington, the most recent edition of the Building Construction Code (BOCA) and requirements of the Federal Emergency Management Act (FEMA).

(2) Street specifications. The finished elevation of streets proposed within floodplain areas shall be a minimum of two feet above the base flood elevation. Drainage openings shall be sufficient to discharge flood flows without increasing flood heights onto lands of other property owners.

(3) Storm drainage facilities. Storm drainage facilities shall be designed to convey the one-hundred-year flood flow without risk to persons or property. The drainage system shall ensure drainage at all points along streets and ensure conveyance of drainage away from buildings. The Township Board of Commissioners may require in a floodplain an underground storm drainage system to accommodate one-hundred-year flood and/or a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent discharge of increased runoff onto adjacent properties.

(4) Sanitary sewer systems. Whether new or replacement, public or private, all sanitary sewer systems located in floodplain areas shall be floodproofed; and all appurtenances thereto, including but not limited to pumping stations, shall be floodproofed up to a point 11/2 feet above the base flood elevation.

(5) Water systems. Whether new or replacement, public or private, all water systems in a floodplain area shall be elevated or floodproofed to a point 11/2 feet above the base flood elevation.

(6) Utilities and facilities. Whether new or replacement, public or private, all other utilities and facilities in the floodplain area shall be elevated or floodproofed to a point 11/2 feet above the base flood elevation.

146-43. Erosion and sediment control.

A. General.

(1) Grading. For qualifying tracts, no change shall be made in the contour of the land nor shall grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover on the land be commenced until such time that a grading permit is applied for and approved. All grading, excavation and fill activities are subject to the regulations set forth in the Zoning Code, including any and all amendments thereto.EN The permit application must include a plan for minimizing erosion and sedimentation, as per Article V of this chapter, that has been processed, reviewed and approved by the Township Engineer unless there has been a determination by the Township Engineer that such plans are not necessary.

(2) Change to drainage watershed. Any development which creates a significant change to the characteristics of the watershed and thus increases volume and velocity of surface water runoff due to the decrease in retention and infiltration of stormwater shall not be permitted until guaranties are made of improvements that will reduce the likelihood of erosion, sedimentation, inundation and water drainage from peak periods of precipitation and provide for controlled disposal of excess surface water. Such improvements must satisfy the requirements and regulations of the Pennsylvania Department of Environmental Resources.

(3) Design standards. The design, plan development and subsequent installation of required erosion and sediment control measures shall be in accordance with and shall meet the standards and specifications of the Erosion and Sediment Control Handbook published by the Montgomery County Soil and Water Conservation District (MCSWCD).

B. Performance principles. Stripping of vegetation, regrading or other development shall be done in a way such that it will minimize erosion. Where any of these activities are proposed, the following measures shall be included where applicable in the erosion and sediment control plan:

(1) Vegetation. Whenever feasible, natural vegetation shall be retained, protected and supplemented.

(a) Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.

(b) The permanent (final) vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.

(2) Cut and fill. Development plans shall preserve salient natural features, keep cut rations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity to surface water runoff.

(3) Disturbance. The disturbed area and the duration of exposure shall be kept to a practical minimum. Disturbed soils shall be stabilized as quickly as practicable.

(4) Runoff. Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be structurally retarded.

(5) Sediment. Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures.

C. Grading for drainage. In order to provide more suitable sites for building and other uses, improve surface drainage and control erosion, the following requirements shall be met:

(1) Drainage.

(a) All lots, tracts or parcels shall be graded to provide proper drainage away from buildings and dispose of it without ponding; and all land within a development shall be graded to drain and dispose of surface water without ponding, except where approved by the Board.

(b) All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet such as a curbed street, storm drain or natural watercourse. Where drainage swales are used to divert surface waters away from a building, they shall be sodded or planted as required and shall be of such slope, shape and size as to conform to the requirements of the township.

(2) Concentration of surface water runoff shall be permitted only in swales or watercourses.

(3) Excavations and fills.

(a) Cut and fill slopes shall not be 15% or steeper, except as approved by the Township Zoning Hearing Board. The Township Engineer may require the use of retaining walls, cribbing or other measures necessary to stabilize slopes which are either cut into or filled.

(b) Adequate provisions shall be made to prevent surface water from damaging the cut face of excavation of the sloping surfaces of fills.

(c) Cuts and fills shall not endanger adjoining property.

(d) Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.

(e) Fills shall not encroach on natural watercourses or constructed channels.

(f) Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.

(g) Grading shall not divert water onto the property of another landowner without the expressed consent of the Board.

(h) During grading operations, necessary measures for dust control will be exercised.

(i) Grading equipment will not be allowed to cross live streams. Provisions will be made for the installation of culverts or bridges.

D. Responsibility.

(1) Sedimentation. Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the subdivider/land developer, builder, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at the expense of such subdivider/land developer, builder, corporation or other entity as quickly as possible.

(2) Maintenance of drainage facilities.

(a) Maintenance of all drainage facilities and watercourses within any subdivision/land development is the responsibility of the subdivider/land developer or builder until said subdivision/land development is approved by the township or some other official agency.

(b) Maintenance of drainage facilities or watercourses originating and completed on private property is the responsibility of the owner to their point or open discharge at the property line or at a communal watercourse within the property.

(3) Communal streams and watercourses.

(a) No person, corporation or other entity shall block, impede the flow of, alter, construct any structure or any material or thing, nor commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the township or the Pennsylvania Department of Environmental Resources, whichever is applicable.

(b) It is the responsibility of any person, corporation or other entity doing any act on or across a communal stream, watercourse or swale or upon wetlands, a floodplain or right-of-way thereof to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed.

(4) Other responsibilities of the subdivider/land developer. Each subdivider/land developer or other entity which makes any surface changes shall be required to:

(a) Collect on-site surface runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area.

(b) Handle existing and potential off-site runoff through his/her development by designing to adequately handle storm runoff from a fully developed area upstream.

(c) Pay his/her proportionate share of the total cost of off-site improvements to the common natural watercourse, based on a fully developed drainage area.

(d) Provide and install at his/her expense, in accordance with township requirements, all drainage and erosion control improvements (temporary and permanent) as required by the Erosion and Sediment Control Plan.

(5) Township responsibility. It is the responsibility of the township to keep open and free flowing all major streams not under the jurisdiction of any other official agency.

(a) The township will assume the responsibility for maintaining an open and free-flowing condition in all minor streams, watercourses and drainage systems constructed or improved in accordance with township design which are necessary for proper drainage in the discretion of the township if adequate right-of-way exists or can be acquired.

(b) The township shall be required to:

[1] Assess and collect the cost of off-site improvements to the common natural watercourse except those required to existing state roads. Collection may be delayed until the assessed land is approved for development.

[2] Acquire easements or such common natural watercourse improvements.

[3] Supervise such improvement to completion.

E. Compliance with regulations and approvals.

(1) Conditional approval. The Board of Commissioners in its consideration of all preliminary plans of subdivision/land development shall condition its approval upon the execution of erosion and sediment control plans as required by Article V of this chapter and control measures as in this article.

(2) Township Engineer. All plans for control of soil erosion and sediment must be approved by the Township Engineer.

(3) Montgomery County Soil and Water Conservation District. If it is proposed that more than five acres of earth will be disturbed, notification shall be made to the Montgomery County Soil and Water Conservation District (MCSWCD). Where it is proposed that 25 or more acres will be developed, full plans and an application shall be submitted to the MCSWCD for approval. All notification and/or plan submission to the MCSWCD shall be the sole responsibility of the subdivider/land developer or applicant.

(4) Department of Environmental Resources. Stream channel construction on watersheds with drainage areas in excess of 250 acres or in those cases where downstream hazards exist shall conform to criteria established by the Pennsylvania Department of Environmental Resources.

(5) Final approval.

(a) The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the final plans of subdivision/land development and become a part thereof.

(b) Final plans for minimizing erosion and sedimentation as approved will be incorporated into the agreement and bond requirements as required under Article V of this chapter.

(6) Plan conformance. At the time that a building permit is applied for, a review shall be conducted by the Township Engineer to ensure conformance with the plan as approved. During the construction, further consultative technical assistance will be furnished if necessary by the Township Engineer and the Montgomery County Soil and Water Conservation District. During this development phase, the Township Engineer shall inspect the development site and enforce compliance with the approved plans.

146-44. Steep slopes.

Areas where the pre- and post-development slope is 15% or more shall be shown on the preliminary and final plans as required by Article V of this chapter, and any development shall be in accordance with the steep-slope district of the Zoning Code of the Township of Abington, including any and all amendments thereto.EN

146-45. Preservation of natural or historic features.

Where the applicant is offering for dedication or is required by this chapter to establish a reservation of open space or to preserve an area of scenic or historic importance, a limit of contract, which will confine excavation, earthmoving procedures and other changes to the landscape, will be required to ensure preservation and prevent destruction of the character of the area in open space.

ARTICLE VII, Enforcement and Penalties

146-46. Remedies to effect completion of improvements.

A. In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approved final plat, the Board of Commissioners is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies.

B. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all improvements covered by said security, the Board of Commissioner 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 moneys necessary to complete the remainder of the improvements, together with all court costs and attorney fees.

146-47. Preventive remedies.

A. Actions by law.

(1) In addition to other remedies, the municipality may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises.

(2) The description by metes and bounds in the instrument of transfer or other documents of selling or transferring shall not exempt the seller or transferrer from such penalties or from the remedies herein provided.

B. Refusal of permits.

(1) The township, through its designated officials, 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 of real property in violation of this chapter.

(2) The authority to deny such a permit or approval shall apply to any of the following applicants:

(a) The owner of record at the time of such violation.

(b) 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.

(c) 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.

(d) The subdivider or developer for 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.

C. Compliance with conditions. As an additional condition for the 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 township 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.

146-48. Jurisdiction.

District Justices shall have initial jurisdiction in enforcement proceedings brought under 146-49.

146-49. Enforcement remedies; violations and penalties.

A. Procedure.

(1) Written notice of violation. Upon discovery of noncompliance with the provisions of this chapter, the Township Engineer, Zoning Official or Code Enforcement Official may issue a written stop-work/cease-and-desist order to the applicant, owner and subdivider/land developer, indicating that a violation has occurred. Such order shall be sent by certified mail to the last known address of the parties cited above and shall contain the following:

(a) The specific nature of the offense discovered.

(b) The specific sections of this chapter or pages and conditions of the final approved plan which has been violated.

(c) The method of remedy to the violation.

(d) The time the violation has existed and the time period for compliance with the order as stated.

(e) The remedy or action available to the township if the order is not complied with and the penalty for noncompliance.

(f) The option of appeal, if the infraction is Zoning Ordinance related.

(2) Filing of violation. Upon failure of the appropriate parties to comply with the provisions of this chapter under a stop-work/cease-and-desist order, the Code Enforcement Official, Township Zoning Official or Township Engineer may issue a citation for civil proceedings with the District Justice.

(3) Exception. When, in the opinion of the Township Engineer or Zoning Official, the violation is of such magnitude as to endanger the public health, safety and welfare or if time is of the essence in abating such endangerment, a verbal order may be issued to achieve compliance with the provisions of this chapter.

B. Penalties. Any person, partnership or corporation who or which has violated the provisions of this chapter, enacted under the current Municipalities Planning Code or prior enabling laws, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the township as a result thereof.

ARTICLE VIII, Modification and Validity

146-50. Modification for hardship.

A. Granting of hardship; proof.

(1) The Board of Commissioners may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.

(2) Proof of undue hardship must be presented to the township by the subdivider/land developer. It shall not be considered sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created and must be suffered directly by the property in question.

B. Procedure for modification.

(1) All requests for a modification shall be submitted to the Zoning Official in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision(s) of this chapter involved and the minimum modification necessary to abate the hardship.

(2) The Township Planning Commission shall review the applicant's request and submit a report to the Board of Commissioners.

(3) The Board of Commissioners shall review and approve or disapprove the request and keep a written record of all action on the matter.

(4) A written summary of any exception shall be appended to the record plan.

146-51. Appeals.

Any person desiring to challenge a decision of the Board of Commissioners regarding the application of this chapter or any subsequent amendment hereto or any decision of any township official pursuant to this chapter shall proceed in accordance with the Municipalities Planning Code, 53 P.S. 10101 et seq.

146-52. Severability.

It is hereby declared to be the legislative intent that:

A. If a court of competent jurisdiction declares any provision of this chapter to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.

B. If a court of competent jurisdiction declares any provision of this chapter to a lot, building or other structure or tract of land to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to the person, property or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.

146-53. Repealer.

All codes and ordinances of the Township of Abington inconsistent herewith or with any portion thereof are hereby repealed to the extent of such inconsistency.

146-54. Effective date.

The effective date of this chapter shall be the 18th day of June 1991.

146-55. Enactment.

This chapter was approved and enacted by the Board of Commissioners this 13th day of June 1991.

Tables, Charts and Applications

The following tables, charts and applications can be found in the Code book immediately following Ch. 146, Subdivision and Land Development:

Table III: Plan Application Components

Township of Abington Surface Flow Time

Rainfall Intensity in Inches per Hour

Chart 1: Overview; Final Plan Approval

Chart 2: Review Sequence; Typical Plan Application

Chart 3: Overview; Commercial Land Development

Application for Approval of Plan

Application for Modification of Plan