The procedures set forth in this article shall be followed for
all subdivisions and/or land developments.
A. The official Township decision on any application filed under this
chapter rests solely with the Board of Supervisors. The Township Planning
Commission, Township Engineer, various Township officials, and Adams
County Planning Commission are advisory to the Board of Supervisors.
B. The procedure for consideration of a subdivision and/or land development plan includes two optional procedures (preapplication and sketch plan) and two mandatory plan processing procedures (preliminary plan and final plan). Section
135-13 provides alternative procedures for certain specifically described land developments.
(1) The sketch plan provides the applicant an opportunity to receive
the recommendations and guidance from the Township Planning Commission
and Board of Supervisors before the project is formally submitted.
(2) The preliminary plan procedure is mandatory for all subdivisions
and land developments, except as follows:
(a)
ECHO housing, as defined and regulated in §
135-13A.
(b)
Nonresidential building expansion, as defined and regulated in §
135-13B.
(c)
Minor subdivision, as defined and regulated in §
135-13C.
(d)
Annexation, as defined and regulated in §
135-13D.
(e)
Revised final plan, as defined and regulated in §
135-13E.
(f)
Minor land development, as defined and regulated in §
135-13F.
(3) The final plan procedure is mandatory for all subdivision and land
developments, except as follows:
(a)
ECHO housing, as defined and regulated in §
135-13A.
(b)
Nonresidential building expansion, as defined and regulated in §
135-13B.
C. The preliminary plan and final plan procedures are sequential. Successful
completion of the preliminary plan procedure must be obtained before
submission under the final plan procedure.
D. The waiver procedure is provided to modify provisions of this chapter as they apply to a specific project. Procedures for waivers are in §
135-14.
E. Procedures described in this chapter that are not mandated by the
provisions of the Pennsylvania Municipalities Planning Code, as amended, are discretionary as to the Township's obligation. Failure of the Township to abide by said permissive procedures shall not invalidate any action taken herein. However, all applicant procedures are mandatory, unless waived by the Board of Supervisors, according to §
135-13.
F. The applicant shall comply with all mandatory applications of the
Pennsylvania Department of Transportation (PennDOT) and Pennsylvania
Department of Environmental Protection (PA DEP). Evidence of such
submission shall be provided to the Township.
G. The developer is to notify the School District Superintendent of
the local jurisdiction of their plans for residential development.
The notice shall include the location of the development, the number
and types of units to be included in the development, and the expected
construction schedule. Proof of notification shall be submitted to
the Township in the form of a certified mail receipt.
[Added 7-16-2012 by Ord. No. 2012-J]
H. In order to expedite the various review and approval processes, the
developer may choose to utilize an administrative staff meeting with
the Township to discuss the comments obtained from the initial review
of the plan. The developer is responsible for all related cost(s)
incurred for the staff meeting.
[Added 7-16-2012 by Ord. No. 2012-J]
Alternative plan processing procedures are provided below:
A. ECHO housing.
(1) "ECHO housing" is defined as a temporary dwelling unit placed on
a property with another single-family detached dwelling, for occupancy
by either an elderly, handicapped, or disabled person(s) related by
blood, marriage or adoption to the occupants of the principal dwelling
or their caregiving family members.
(2) ECHO housing is not required to comply with the preliminary plan or final plan processing procedures specified in §§
135-11 and
135-12. In the alternative, ECHO housing is regulated under Chapter
155, Zoning. Interested parties shall contact the Township Zoning Officer for applicable regulations.
B. Nonresidential building expansion.
(1) "Nonresidential building expansion" is defined as a one-time expansion
of a nonresidential building that does not:
(a)
Exceed a gross floor area of 1,500 square feet of the building
footprint.
(b)
Increase off-street parking by more than five parking spaces.
(c)
Include new or expanded loading areas.
(d)
Include new or expanded points of vehicle access.
(e)
Extend or change the public infrastructure.
(f)
Disturb important natural resources.
(2) A nonresidential building expansion is not required to comply with the plan processing procedures specified in §§
135-11 and
135-12. In the alternative, the nonresidential building expansion shall comply with the following:
(a)
Application requirement. Submission of the following to the
Township Manager, or designate, at the Township Municipal Office,
at least 24 days prior to the date of the Township Planning Commission
meeting:
[1]
Ten copies of a plan prepared to the requirements of §
135-15, plus a grading plan prepared to the requirements of §
135-16D(13).
[2]
Chapter
135, Subdivision and Land Development, application and building permit application.
[3]
All other necessary permits and approvals.
[4]
Filing fee, as set by resolution of the Board of Supervisors.
(b)
Distribution. The Township staff shall distribute the nonresidential
building expansion plan to the Township Zoning Officer, Township Planning
Commission, Township Engineer, and, if necessary, other officials.
(c)
Ruling on the nonresidential building expansion plan. The nonresidential
building expansion plan will be placed on the Township Planning Commission
agenda for the meeting that is at least 24 days following submission.
Attendance at the Township Planning Commission meeting by the applicant
or authorized agent is mandatory. The applicant or authorized agent
must be prepared to:
[1]
Display a plan for public viewing which identifies at least
the horizontal location of streets, parking, building, lot layout,
stormwater detention/retention basin, water supply, sanitary sewage
disposal, and other planned features.
[2]
Verbally describe the property location and planned features
in a presentation of no more than five minutes.
[3]
Establish the acceptance of any conditions of approval. The
acceptance or rejection of the conditions of approval will be entered
into the minutes of the planning Commission. The acceptance of conditions
will also be acknowledged in writing. If the applicant does not accept
the conditions of approval, the nonresidential building expansion
plan will be disapproved.
(d)
Notification of ruling. The ruling of the Planning Commission
shall be in the form of a written notice. The written notice shall
cite the defects in the application and the specific sections of this
chapter, any applicable statute, or applicable Township ordinance
relied upon. The written notice shall be presented to the applicant
personally or mailed to him at his last known address not later than
15 calendar days following the decision. Refusal by the applicant
to accept conditions of approval shall constitute disapproval of the
nonresidential building expansion plan.
(e)
Compliance with conditions of approval.
[1]
If the Planning Commission conditions its nonresidential building
expansion plan approval upon receipt of additional information, alterations,
changes, or notifications, such data shall be submitted and/or alterations
noted on two copies to be submitted to the Township Manager, or designate,
at the Township office on any business day. The applicant shall include
a brief, written, descriptive narrative on the submitted data. The
conditions of approval must be satisfied to obtain nonresidential
building expansion plan approval.
[2]
If the nonresidential building expansion plan is approved subject
to modifications or conditions, the applicant shall, within four weeks
of the date of Township ruling, provide the Township with a written
approval or reject such modifications or conditions.
[3]
Compliance with the conditions of final plan approval must be
attained within one year of the ruling on the nonresidential building
expansion plan, or the Township action on the plan shall be considered
a disapproval.
C. Minor subdivision.
(1) "Minor subdivision" is defined as a subdivision of land into no greater
than three lots, plus the remaining parcel, as of the effective date
of this chapter.
(2) A minor subdivision is not required to comply with the preliminary plan application procedures stated in §
135-11. In the alternative, minor subdivisions shall be submitted according to the procedures for a final plan application, as stated in §
135-12.
(3) The application for a minor subdivision is not required to include the information specified for a preliminary plan or final plan as stated in §§
135-16 and
135-17. In the alternative, a minor subdivision shall include the information required for:
(c)
Applicable certification and notification, as specified in §
135-17F.
D. Annexation.
(1) "Annexation" is defined as the subdivision of a property that has
its sole purpose as an increase in lot area, and not for the establishment
of a separate new lot or a land development.
(2) An annexation is not required to comply with the preliminary plan application procedures stated in §
135-11. In the alternative, an annexation plan shall be submitted according to the procedures for a final plan application, as stated in §
135-12.
(3) The application for an annexation is not required to include the information specified for a preliminary plan or final plan as stated in §§
135-16 and
135-17. In the alternative, an annexation plan shall include the information required for:
(c)
Applicable certification and notification, as specified in §
135-17F.
E. Revised final plan.
(1) "Revised final plan" is defined as a plan that solely revises the
location of a property line from that established on a plan filed
in the Subdivision Plan Book of the Adams County Recorder of Deeds.
A revised final plan may not:
(a)
Increase the number of proposed lots or units of occupancy.
(b)
Establish a lot area less than permitted by Chapter
155, Zoning.
(c)
Alter the location of easements, rights-of-way, streets (horizontal
or vertical), block areas, utilities (size or location), open spaces,
recreation areas, or increase the number of lots.
(2) A revised final plan is not required to comply with the preliminary plan application procedures stated in §
135-11. In the alternative, a revised final plan shall be submitted according to the procedures for a final plan application, as stated in §
135-12.
(3) The application for a revised final plan is required to include the information specified for a final plan, as stated in §
135-17.
F. Minor land development.
(1) "Minor land development" is defined as the development of a property
that:
(a)
Establishes no more than 6,000 gross square feet of new impervious
surface.
(b)
Is located on a lot with an area of at least one acre.
(c)
Increases off-street parking by more than five parking spaces.
(2) A minor land development plan is not required to comply with the preliminary plan application procedures stated in §
135-11. In the alternative, a minor land development plan shall be submitted according to the procedures for a final plan application, as stated in §
135-12.
(3) The application for a minor land development is required to include the information specified for a final plan, as stated in §
135-17.