A subdivision or land development plan shall not be required where it can be demonstrated to the Planning Bureau that the initial or cumulative impact of the activity or improvement will not result in the need for plan approvals typically associated with a subdivision or land development plan approval process. Although a plan submission as per this chapter is not required, approvals under the Zoning Ordinance, Chapter
300, Stormwater Management Ordinance, Chapter
260, or other City ordinances may be applicable. In addition, a subdivision plan shall not be required for the joining of two or more contiguous lots of record into one lot where no site improvements are planned that would otherwise be cause for preparing a plan. Applicants undertaking projects not exceeding the thresholds below may request a waiver of preliminary and final plan filing requirements as per MPC Section 503(8) and in accordance with §
265-12.
A. No-impact subdivision shall include, but not be limited to, the following:
(1) Corrections to bearings and distances as a result of new survey data
or a boundary line agreement that corrects previous errors.
B. No-impact land development shall include, but not be limited to,
the construction of accessory buildings and building additions with
footprints of not more than 400 square feet, whether initially or
cumulatively, and the division of land or space between or among two
or more existing or prospective occupants, provided that the construction
or division of land or space does not result in the following:
(1) Installation of new access drives providing vehicular access to or
from a public right-of-way;
(2) Activities that would require the submission of a stormwater management site plan, excluding small projects and very small projects, as defined in the Stormwater Management Ordinance, Chapter
260;
(3) Development within flood-prone areas;
(4) An increase in water consumption or sewage discharge exceeding 350
gallons per day;
(5) Changes to utility services including new service laterals to increase
capacity or provide fire protection.
(6) Vertical expansions of more than two stories above existing structures;
(7) A requirement of additional parking;
(8) Impacts of development meeting any of the thresholds set forth in §
265-26D(4).
In an effort to streamline the plan approval process while recognizing the complexities and unique aspects of urban land development projects, the Commission has established optional plan filing requirements that will encourage better planning at the early stages of design while saving time during the plan review period. For projects exceeding the thresholds of §
265-22 for waiving preliminary plan filing requirements, a preliminary/final plan may be filed in lieu of a separate preliminary plan, provided that a sketch plan has first been submitted and reviewed by the City staff in accordance with §
265-17 or by the Commission in accordance with §
265-18. Nothing herein shall prevent applicants from submitting a preliminary plan followed by a final plan should they so choose. For minor plans, no sketch plan submission is required; however, the applicant shall consult with the Planning Bureau prior to a minor plan submission to determine the plan's eligibility for filing under the minor plan provisions.
The applicant shall have two years from the date of the Commission's conditional or unconditional approval of a preliminary plan in which to submit a final plan, unless the applicant requests in writing and the Commission approves an extension of time. In the case of phased projects, all plan submissions must occur within the five-year time period noted in §
265-23B(10) through
(14). Failure by the applicant or developer to comply with all conditions that have been accepted by the applicant within one year of conditional approval of a final plan shall serve to rescind the approval of the plan, as set forth in §
265-29B(3)(c).