[Amended 12-20-2006 by Ord. No. 363]
A. 
In order to discharge the duties imposed by law, the Township has adopted the following procedures that shall be observed by all applicants, developers, and their agents.
B. 
Review process and plan submissions. The following plan review steps represent the approach used in the Township. The number of plan sets to be submitted will be set by resolution of the Board of Supervisors.
Plan Review Step
Minor Subdivision
Major Subdivision
Land Development
Preapplication meeting
Recommended
Recommended
Recommended
Site visit with Township
Recommended
Recommended
Recommended
Existing resources and site analysis map (part of sketch plan, if submitted, and preliminary plan sets)
Not required
Required as part of plan submission
Required as part of plan submission
Four-step design process
Not required
Required as part of plan submission
Required as part of plan submission
Sketch plan
Recommended
Recommended
Recommended
Preliminary plan
Not required
Required
Required
Final plan
Required
Required
Required
C. 
Preliminary and final plans shall be reviewed in accordance with the requirements of the Pennsylvania Municipalities Planning Code.[1] The requirements for each plan stage are contained in plan requirements §§ 178-17, 178-20, 178-24 and 178-28 and in Articles X through XV.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
The presentation of a preliminary plan and a final plan shall be considered separate submissions and the maximum review period shall be permitted for each plan.
E. 
The owner of the parcel of land to be subdivided or developed shall submit a written statement granting the Board of Supervisors, its authorized agents and representatives, the Planning Commission, and the representatives of the county and municipal departments and agencies having responsibility for review and/or approval under this chapter the right to enter the parcel of land for the purpose of inspection and enforcement of the requirements, terms, and conditions imposed herein.
F. 
Plan review by adjacent municipalities.
(1) 
Applicants for tracts of land along the municipal boundary shall submit one additional set of plans, which shall be forwarded to the adjacent municipality for its comments.
(2) 
The Township may solicit comments from an adjacent municipality even if the plan is not on the boundary of the Township, where a plan, in the opinion of the Township, affects the adjacent municipality, in which case additional plan sets may be required.
(3) 
When comments are solicited from the adjacent municipalities, the Planning Commission and the Board of Supervisors shall review the reports from the adjacent municipality as part of the plan review process.
G. 
Required notification to surrounding property owners.
[Amended 10-3-2018 by Ord. No. 413]
(1) 
Mailing. An applicant proposing a major subdivision or land development (including a sketch plan) shall notify all individuals or entities who own real estate within 1,000 feet of the site's boundaries of the pendency of the development by certified mail, postage prepaid. An applicant proposing a minor subdivision or lot line adjustment subdivision shall notify all individuals or entities who own real estate adjoining the site, including parcels across public roadways, of the pendency of the development by certified mail, postage prepaid. The notice shall be in a form approved by the Township; state that a subdivision, land development, or lot line adjustment subdivision plan has been filed for the site; provide the street address(es) and tax map parcel number(s) for the site; describe the size and scope of the project; state that the Township will review the plans at public meetings; and instruct all interested parties to contact the Township regarding the date of such meetings. Such notification shall be sent within five days of the submission of the plan application to the Township. A list of the names and addresses to which notices have been sent, along with all the return receipt cards, shall be supplied to the Township at least 10 days prior to the first meeting of the Planning Commission at which the plans are to be discussed. The list of the names and addresses to be notified shall be obtained from the Bucks County Board of Assessment, and dated no earlier than one month prior to the date the application is submitted to the Township.
(2) 
Posting. An applicant proposing a subdivision, land development, or lot line adjustment subdivision shall conspicuously post notices along the perimeter of the site at points approved by the Township. Such postings shall be at least six square feet in size and designed to inform potentially interested citizens of the proposed subdivision/development. Each posting shall contain a copy of the notice mailed to the neighboring property owners and include an illustration of the site plan configuration no smaller than 11 inches by 17 inches. The site shall be posted within five days of the submission of the application to the Township.
H. 
Refiling plans. Any plan which meets any one of the criteria below shall be considered to be a new plan and shall be accompanied by an application, fees and all required information.
(1) 
A plan which is submitted after a previous plan for the same property has been withdrawn shall constitute a new plan.
(2) 
A plan which is submitted after a plan for the same property has been approved or rejected shall constitute a new plan.
(3) 
A plan which is submitted demonstrating an entirely new lot layout, street configuration, new use, or building location and layout for the same land that was included in a prior plan shall constitute a new plan.
The following procedures are to be followed for plans submitted to the Township. The content of the plan submissions will vary depending on the type of plan submitted (sketch, preliminary, or final) and are specified by the terms of this chapter.
A. 
Preapplication meeting. It is recommended that a preapplication meeting be held with the applicant and the Township to introduce the applicant to the Township's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site visits, meetings and plan submissions as described below. Applicants are also encouraged to present the Existing Resources and Site Analysis Map described below at this meeting.
B. 
Applicants shall submit an Existing Resources and Site Analysis Map (ERSAM). Applicants shall submit an ERSAM, prepared in accordance with the requirements contained in this section. The purpose of this submission is to familiarize officials with existing conditions on the applicant's property and within its immediate vicinity and to provide a complete and factual reference for making a site visit. This analysis shall be provided prior to the site visit. Contents of the ERSAM shall be as follows:
(1) 
Applicability. All applicants for preliminary or final subdivisions or land developments shall submit the ERSAM. It is recommended that this information be provided with presubmission sketch plans. No preliminary or final plan will be accepted by the Township which does not include the ERSAM.
(2) 
Review by the Township. The first item to be discussed when the plan reaches reviewing boards and commissions shall be the ERSAM. No discussion of a preliminary plan shall occur until the applicant has provided a satisfactory ERSAM meeting all requirements. The purpose of the ERSAM is to ensure that all development in the Township occurs in a manner that respects the natural environment and that the applicant and the Township have a solid understanding of the natural conditions of any proposed development site, as well as conditions around the site which provide the context for the proposed development. It is recommended that this plan be prepared prior to the preapplication meeting and site visit.
(3) 
Required contents of ERSAM.
(a) 
Site boundaries.
(b) 
Existing resources inventory. A comprehensive analysis of existing conditions on the proposed development site and areas within 500 feet, showing:
[1] 
Soils. Soils types within the site, based on maps contained in the Soil Survey of Bucks County, Pennsylvania, U.S. Department of Agriculture, as last revised. The soil classifications and boundary lines of all soils located on the tract shall be shown with reference to any alluvial soils, hydric soils, floodplain soils boundary and agricultural soils (Classes I, II, III and IV). Soil descriptions for all soil types shall be provided. Any building or septic system restrictions due to wet soils, seasonably high water table or other restrictions shall be noted on the plans and considered in the site layout. Hydrologic soil groups shall be noted.
[2] 
Topography. Contour lines measured at vertical intervals of two feet. Such slopes shall be determined by an on-site survey, not interpolation of U.S.G.S. maps.
[3] 
Slope areas; areas to be shown graphically. The amount of each area in each slope category shall be shown numerically, with a calculation of the amount of the slope to be preserved and the amount and percentage to be disturbed:
[a] 
Eight percent to less than 15%.
[b] 
Fifteen percent to 25%.
[c] 
Greater than 25%.
[4] 
Ridgelines and watershed boundaries.
[5] 
Floodplain areas, using FEMA maps. When no FEMA mapping has been prepared, a determination of the floodplain for any stream with a drainage area of three acres of more shall be made by the applicant.
[6] 
Vegetative cover conditions on the property, including forest and woodland areas and large trees standing alone (i.e., outside of forest or woodland areas measuring 10 inches in diameter at four feet above natural ground cover).
[7] 
Streams, watercourses, waters of the commonwealth, waters of the United States, lakes, ponds, springs and all natural drainage areas with an explanation of how site drainage works.
[8] 
Wetlands. Areas of wetlands on the proposed development parcel shall also be indicated, as evident from testing, visual inspection, or from the presence of wetland vegetation.
[a] 
The Township may verify the wetland delineation if any of the following site-specific criteria are applicable:
[i] 
It is recommended by the Township Engineer due to uncertainties raised by the applicant's delineation or conflicts exist between the applicant's delineation and wetlands information obtained from other sources including surrounding subdivisions.
[ii] 
More than one acre of wetlands is on-site.
[iii] 
Wetlands on-site are associated with a wetland system of 10 or more contiguous acres.
[iv] 
On-site wetlands are adjacent to a park, wildlife refuge or sanctuary, or other open space area managed for resource preservation purposes.
[b] 
If any of the three wetlands parameters (hydric soils, hydrophytic vegetation or evidence of hydrology) are present on a site proposed for development, a separate wetlands delineation of sufficient detail to allow for thorough review by Township officials must be submitted to the Township. As part of the delineation process, a field investigation shall be performed and wetlands boundaries on the site shall be verified and flagged. Delineation and verification shall be performed by a qualified wetlands professional. The person or organization performing the delineation shall certify that the delineation has been performed in accordance with the criteria for wetlands delineation established in the Corp of Engineers Wetlands Delineation Manual (Wetlands Research Program Technical Report Y-87-1, Final Report, January 1987) or any more restrictive amendments thereto. Wetlands shall be defined by metes and bounds.
[c] 
In the event the applicant's and the Township's delineations are conflicting, the delineation that causes the preservation of the larger area of wetlands shall govern.
[9] 
Existing land uses.
[10] 
Historic buildings and resources.
[11] 
All recorded easements.
[12] 
Existing buildings, structures, and roads.
[13] 
Photographs of the site including views of the proposed development site from all abutting public roads.
[14] 
Any Pennsylvania Natural Diversity Inventory Sites.
[15] 
Reference to any areas or properties designated as preservation areas by the Lower Makefield Township Open Space Plan.
[16] 
Orientation of the site to the sun for use of solar resources.
[17] 
Any pedestrian or equestrian trails commonly used on the property.
[18] 
Aerial photograph of the site not more than five years old or the most recent available from the Delaware Valley Regional Planning Commission.
[19] 
Location relative to and impact on the Delaware Canal State Park (if the property abuts the state park).
[20] 
Geologic formations on the proposed development parcel, including rock outcroppings covering 25 square feet or more, cliffs, escarpments, sinkholes.
C. 
Site visit. After preparing the ERSAM, applicants shall arrange for a site visit of the property by Township representatives and shall distribute copies of the site analysis plan prior to the on-site meeting. Applicants are encouraged to accompany the Township representatives. The purpose of the visit is to familiarize officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated required open space (if applicable), potential locations for proposed buildings and street alignments, stormwater management concepts, and protection of resources (natural and historic). Comments made by the Township representatives or their staff and consultants shall be as only advisory and are not binding on either the Township or the applicant. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site visit or during the sketch plan process.
D. 
Preplan conference. Following the site visit and prior to the first plan submission, the applicant shall meet with Township officials to discuss the findings of the site visit and to develop a mutual understanding on the general approach for subdividing and/or developing the property. At the discretion of the Township, this conference may be combined with or occur during the site visit.
E. 
Four-step design process. The applicant shall use the four-step design process to determine the most suitable development strategy for the site. The layout of lots or development shall occur so that the areas identified as being important in the site analysis are preserved and the areas of secondary importance are used for development. These low impact development (LID) practices emphasize protection and use of on-site natural features integrated with engineered, small-scale hydrologic controls at the parcel and subdivision scale to manage stormwater and more closely mimic predevelopment watershed hydrologic functions. The steps in the four-step design process are as follows:
(1) 
Step 1: Delineation of areas to be left undisturbed.
(a) 
Proposed open areas to be left undisturbed shall be designated using the maps and materials in the ERSAM. The Township's maps of preserved and open space lands in the Comprehensive Plan, Open Space Plan, and Park and Recreation Plan shall also be referenced and considered. The preapplication conference and the site visit shall be used to determine those areas that should have minimal or no disturbance.
(b) 
The open areas identified at this stage of the design process shall include consideration for stormwater management, taking into account areas suitable for groundwater recharge and infiltration.
(2) 
Step 2: Preparation of resource conservation plan; analysis of how resources will be protected. Narrative shall be provided indicating the ways in which the applicant will respect the existing features of the land described in the site analysis.
(a) 
Limits of disturbance on site. The limits of the grading and soil disturbance shall be shown, with areas designated as important areas delineated and protected.
(b) 
Areas that are to be preserved should be described, including prime agricultural soils, woodlands, vegetation, slopes, views, or any other areas identified in Step 1.
(c) 
Description of the manner in which stormwater will be captured on site for maximum infiltration, including a narrative describing the pros and cons of infiltration on the site. This should indicate that the areas best suited for stormwater infiltration have been selected for that purpose, based on hydrologic soil groups and the stormwater management requirements of this chapter.
(d) 
Description and plan showing that existing natural contours and vegetation will be respected.
(e) 
Limits on site disturbance and resources applicable to the site due to zoning ordinance requirements shall be shown.
(f) 
Description of any historic buildings or resources on the site and proposed efforts to preserve them.
(g) 
Description and plan indicating how the site layout will provide advantageous solar orientation.
(3) 
Step 3: Location of structures and alignment of infrastructure; buildings, streets, trails, utilities, and stormwater management.
(a) 
Building area shall be identified based on the areas set aside for development.
(b) 
Upon designating the building sites, a street plan shall be designed to provide vehicular access to the development which reflects a logical relationship to topographic conditions. Impacts of the street plan on open areas to be protected shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 8%.
(c) 
The applicant shall also indicate the locations and method for providing water service, wastewater, and stormwater management facilities.
(4) 
Step 4: Drawing lot lines.
(a) 
For developments where lots are proposed, lot lines are drawn as required to delineate the boundaries of individual lots.
(b) 
Documentation. Applicants shall be prepared to submit maps indicating the findings of each step of the design process, if so requested by the Planning Commission or the Board of Supervisors.
F. 
Where a tract is to be developed in phases, a complete preliminary plan for the entire tract shall be submitted initially.
G. 
Preliminary approval for the subdivision or land development must be obtained for the entire development. Final approval may be obtained phase by phase.
H. 
The extent of each phase for which a separate final plan is to be submitted shall be shown and a time schedule presented for the submission of the final plan for those phases. The order of development shown on the preliminary plan must be adhered to, and, if changes are required, plans must be refiled and reviewed and approved.
I. 
Each phase of a development must be designed so that it could be developed independently and stand on its own, meeting all applicable Township ordinances without other phases, including the street system, utilities, provision of required open land and protection of all natural resources.