The purpose of the preliminary plan is to require
formal conditional approval of plans in order to minimize changes
and revisions before final plans are submitted.
The developer shall make application to the Township; such application will include all plans, data and information listed below and in § 178-20.
A.
The application shall be made on forms available at
the Township Building and shall be accompanied by a specified fee
and deposit. Such fees shall include the reasonable and necessary
charges for the Township Engineer and other professional consultants
to review the plans, in accordance with a fee schedule set by resolution
of the Board of Supervisors.
B.
The applicant shall submit 25 sets of the preliminary plans and data prepared in accordance with § 178-20.
C.
Upon submission of a preliminary plan, the Township
shall determine if the application is complete and, if so, accept
the application; if the Township determines the application is incomplete,
the plan and application shall not be accepted.
D.
The Township shall distribute copies of the preliminary
plan and supporting data to the following:
(1)
The Board of Supervisors: five copies.
(2)
The Township Planning Commission: five copies.
(3)
The Bucks County Planning Commission: one copy.
(4)
The Township Engineer: two copies.
(5)
The Township Fire Marshal: one copy.
(6)
The Township Police Chief: one copy.
(7)
The water company proposed to serve the project: one
copy.
(8)
The Township Sewer Engineer: one copy.
(9)
The Secretary of the School Board: one copy.
(10)
The Pennsylvania Department of Transportation:
one copy.
(11)
The Bucks County Conservation District: two
copies.
(12)
The Township Park and Recreation Board: one
copy.
(13)
The Farmland Preservation Corporation: one copy.
(14)
The Historical Commission: one copy.
(15)
The Township files: one copy.
E.
The Township, at the expense of the developer, shall provide notice
of the time and place of the first Planning Commission meeting held
to discuss the preliminary plan for the project, including a statement
as to the size and scope of the project, by publishing the same in
a newspaper of general circulation within the Township at least 10
days prior to the date of the meeting. In the event that the preliminary
plan is still under consideration one year beyond the date of the
first Planning Commission meeting for the project, notice of the next
public meeting must be republished as outlined above.
[Amended 10-3-2018 by Ord. No. 413]
The following information and data shall be
included on or accompany all preliminary plans:
A.
General information.
(1)
The name of the subdivision or land development.
(2)
The Tax Map parcel number and the name of the Township,
county and state in which the property is located.
(3)
The name and address of the owner/applicant/developer.
(4)
The type of water supply and sewage disposal facilities
proposed.
(5)
The zoning district and boundaries.
(6)
Zoning requirements, including applicable district,
lot size and yard requirements, open lands, impervious surface amount
and ratio, buffer yards, height, resource protection standards, site
capacity calculations and proof of any variance or special exceptions
which may have been granted by the Township Zoning Hearing Board.
(7)
A Tax Map format shall be used with owners' names
and parcel numbers shown on abutting properties, including those across
streets.
(8)
A location map for the purpose of locating the site
to be subdivided at a scale of 800 feet to the inch showing the relation
of the tract to adjoining property and to all streets, roads and municipal
boundaries existing within 800 feet of any part of the property proposed
to be subdivided.
(9)
The original date, dates last revised, sheets revised,
north point and scale shown graphically and numerically on the front
sheet of the plan.
(10)
Restrictions in the deed affecting the subdivision
or development of the property, including any underground, overhead
or surface utility easements or rights-of-way. Copies of easements
shall be submitted for review.
B.
Drafting standards.
(1)
The scale of the plan shall not be smaller that one
inch equals 100 feet. If such a scale is impractical, a lesser scale
may be used, provided that prior permission is obtained from the Township
Engineer. Grading and stormwater plans shall be at a scale at one
inch equals 50 feet or greater.
(2)
Dimensions shall be in feet and decimal parts thereof,
and bearings shall be in degrees, minutes and seconds. All radii,
arc and chord lengths and central angles of curves shall be indicated.
(3)
Where any revision is made, or when the plan is a
revision of a previously approved plan, dotted lines shall be used
to show features or locations to be abandoned and solid lines to show
the currently proposed features for the latest revision only.
(4)
The sheet or sheets shall be one of the following
sizes: 24 inches by 36 inches, 30 inches by 42 inches or 36 inches
by 48 inches. If more than one sheet is necessary, each sheet shall
be the same size and consecutively numbered to show its relation to
the total number of sheets comprising the plan, i.e. Sheet No. 1 of
5, etc. Lettering and features shall be drawn so as to remain legible
when reduced to half size.
(5)
If the entire site does not fit on a single plan sheet
and more than one sheet is used to show the site, a key map shall
be provided sufficient to show the relationship among the sections
of the site.
(6)
The plan shall be clear and legible and shall be so
prepared and bear an adequate legend explaining all symbols used on
the plan and to indicate clearly which features are existing and which
are proposed.
(7)
The boundary line of the subdivision shall be shown
as a solid heavy line.
(8)
All preliminary plans shall be labeled with the words
"Preliminary Plan - Not to be Recorded."
(9)
All plans must be acknowledged and signed and sealed
in accordance with the requirements of the Pennsylvania Engineer,
Land Surveyor and Geologist Registration Law.[1] If an environmental consultant, architect or landscape
architect collaborated in the preparation of the plan, his/her name
and address shall also appear.
[1]
Editor's Note: See 63 P.S. § 148
et seq.
C.
Existing features. The plans shall show the following
information:
(1)
A complete outline survey of the property to be subdivided
or developed shall be provided, showing all courses, distances, areas
and tie-ins to all adjacent intersections. The survey shall not have
an error of closure greater than one part in 10,000.
(2)
The total acreage of the land to be developed or divided.
(3)
The location, name and right-of-way and cartway widths
of all streets bordering the land to be developed or subdivided, including
legislative and traffic route numbers.
(4)
The location of all existing buildings, towers, sewers,
water mains, culverts, petroleum products or gas mains, fire hydrants
and other significant man-made facilities and their existing and proposed
use or disposition.
(5)
The location of all existing monuments, iron pipes
or pins and spikes relating to the property.
(6)
Contours at vertical intervals of two feet.
(7)
All ground contours taken from United States Coast
and Geodetic benchmarks and run direct from the United States Coast
and Geodetic benchmark to the degree that the actual elevations of
spot points or contours shall be the exact elevations above the United
States Coast and Geodetic datum. A full and complete description of
a reestablished benchmark shall be supplied in written form in duplicate
to the Township after said point has been physically established in
a manner approved by the Township Engineer.
(8)
The location, size and ownership of all underground
utilities and any rights-of-way or easements within the property.
(9)
Existing buildings (and their uses), driveways, sewer
lines, storm drains, culverts, bridges, utility easements, quarries,
railroads and other significant man-made features within 200 feet
of and within the site (this includes properties across roadways).
If significant features exist further than 200 feet, the Township
may require their inclusion.
(10)
Natural features. The developer shall furnish
on appropriate maps or other documents all natural features including
all natural features defined and regulated by the Township Zoning
Ordinance,[2] and rock outcroppings. All applications shall include
maps showing the location of the resources together with site capacity
calculations. The amounts and percentages of resources on the site,
resources to be disturbed and resources to be preserved shall be shown
in a chart form on the plans.
(a)
Floodplains. The location of any designated
floodplain district, the one-hundred-year-flood elevations and the
boundaries of the floodplain districts, including those determined
by soil classification or other studies. The location of floodplain
soils associated with the Delaware River Floodplain shall be shown.
(b)
Mature trees and woodlands. The species and
size of large trees standing alone, mature trees eight inches or more
in caliper measured four feet above grade level and the location of
any unique plants or other vegetation. The developer shall as part
of the preliminary presentation submit to the Township a proposal
to preserve as much as possible the natural features which would be
desirable to leave intact, including mature trees and distinctive
vegetation, indicating which are to be removed and which are to remain.
(c)
Woodlands. Woodlands as defined herein shall
be shown. Trees need not be individually identified in wooded areas
declared to be set aside for undeveloped resource protection land.
(d)
Soils. The soil classifications and boundary
lines of all soils located on the tract with specific reference to
any alluvial soils boundary. Soil descriptions for all soil types
shall be provided and any building restrictions due to wet soils,
seasonally high water table or other restrictions shall be provided
on the plans.
(e)
Lakes, ponds and waters of the commonwealth.
All lakes, ponds and waters of the commonwealth shall be shown.
(f)
Slopes. Slopes of 15% to 25% and slopes of greater
than 25% shall be mapped and shown on the plans. The total area of
land within these slopes shall be calculated and shown in table form
on the plans. The area to be disturbed under the proposed plan application
within each slope classification shall be shown and the area of proposed
disturbance shall be shown and compared with the Zoning Ordinance
requirements on slope restrictions.[3]
(g)
Wetlands delineation. 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 delineation
shall be incorporated into the plan. 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 1989 Federal Manual for Identifying and Delineating Jurisdictional
Wetlands, or any more restrictive amendments thereto. Wetlands shall
be defined by metes and bounds.
(h)
Wetlands delineation by the Township.
[1]
The Township may undertake its own wetlands
delineation at the applicant's expense if any of the following site-specific
criteria are applicable:
[a]
Greater than one acre of wetlands
on site;
[b]
Wetland on site associated with
wetland system of ten contiguous acres or greater;
[c]
Exceptional value wetlands as defined
in 25 Pa. Code § 105.17;
[d]
Wetland adjacent to park, wildlife
refuge or sanctuary, farmland preservation property or other open
space area managed and maintained for resource protection purposes;
[e]
Wetland association with a watercourse
terminating in the Delaware River less than two miles from the site;
or
[f]
Wetland associated with a watercourse
with a public water intake less than two miles from the site.
[2]
In the event that the applicant's and the Township's
delineations are conflicting, the delineation that causes the preservation
of the largest area of wetlands shall govern.
(11)
Historic buildings or features. Any existing
buildings and structures, including structural remains which are located
on or adjacent to the site, and a statement as to whether or not these
buildings have any historical significance. Any buildings identified
by the Township Historical Commission as having historical significance
shall be identified.
E.
Proposed improvements. The plans shall show the following
information:
(1)
The layout, approximate dimensions, proposed use and
consecutive numbering of all lots. All sheets shall show lot numbers.
(2)
Building setback lines established by zoning or other
ordinances or deed restrictions with distances from the right-of-way
line. Building setback lines from floodplains and wetlands shall be
shown as chords and defined by metes and bounds.
(3)
The location of zoning district boundary lines affecting
the subdivision.
(4)
An indication of lots to be used for nonresidential
or residential use as intended; the total number of lots created;
and the gross lot area and net lot area for each lot.
(5)
Identification of any land proposed to be dedicated
for public use, including recreation areas, road widening and required
open land. The layout of all open land, including required common
open lands and required recreation areas, and the proposed ownership
thereof.
(6)
The layout of all streets and walkways, including
names and widths of cartways and rights-of-way.
(7)
Typical cross sections and existing and proposed center
line profile for each proposed or widened street shown on the plan,
including all street extensions or spurs as are reasonably necessary
to provide adequate street connections and facilities to adjoining
developed or undeveloped areas, and including the profile for proposed
sanitary sewers, water mains and storm drains showing manholes, inlets
and catch basins. Profiles of existing streets to be widened, extended
or improved shall extend 200 feet beyond the tract boundaries.
(8)
Tentative grades of streets extended to an existing
street or to a point 200 feet beyond the boundaries of the subdivision.
(9)
Location and size of sanitary sewers, on-site sewage
disposal facilities, gas mains, water mains, fire hydrants, streetlights,
special structures and other underground conduits or structures, including
all related appurtenances.
(10)
Rights-of-way and/or easements proposed to be
created for all drainage purposes, utilities and other pertinent reasons.
(11)
The location of proposed monuments.
(12)
Where the preliminary plan covers only a part
of the applicant's entire holding, a sketch shall be submitted of
the proposed street layout for the remainder.
(13)
For all subdivision and land developments, except
for single-family detached residential, the size and arrangement of
buildings and parking areas, along with any length, area, ratio, number
or other physical characteristic referred to in the Lower Makefield
Township Zoning Ordinance,[5] as amended, shall be dimensioned or indicated on the plan.
(16)
A proposed stormwater management plan in compliance
with the requirements of the ordinances relating to stormwater management
for the Delaware River South Watershed and the Neshaminy Creek Watershed, [6] including a plan of the surface drainage system of the
tract to be subdivided or developed, shall be provided along with
supporting calculations showing watershed areas, inlets, pipe size
and material, pipe slope, headwalls, endwalls and manholes and a statement
of the design parameters utilized in arranging and sizing the system.
The Township requires the use of nonstructural BMPs (as described
in the Pennsylvania Stormwater Best Management Practices Manual, Draft
April 2006) ("Manual"), as such manual may be amended from time to
time, to the maximum extent possible because of their ability to minimize
stormwater runoff and not just mitigate stormwater-related impacts.
Prevention can be achieved as the result of making the land development
happen in ways other than through use of standard or conventional
development practices. Prevention and nonstructural BMPs go hand in
hand and can be contrasted with structural BMPs that provide mitigation
of those stormwater impacts which cannot be prevented and/or avoided.
If nonstructural BMPs cannot be used, the reasons why must be demonstrated
to the Township's satisfaction.
[Amended 12-20-2006 by Ord. No. 363]
(17)
A soil erosion and sediment control plan and
design basis of surface and subsurface drainage for protection against
soil erosion during and after the construction period. Such a plan
shall incorporate the following information:
(a)
All present and proposed grades and facilities
for storm and subsurface drainage, including:
[1]
The location, size and invert elevation of the
drain pipes.
[2]
The location of manholes or drop inlets and
details.
[3]
Preliminary designs of any bridges or culverts
that may be required. For each culvert or bridge, the plan shall show
the area of land drained and the projected flow in cubic feet per
second.
(b)
Soil erosion and sedimentation control plan.
The plan shall include all grading and facilities proposed to control
soil erosion and sedimentation during construction and proposed detention/retention
facilities, in conformance with all applicable Pennsylvania Department
of Environmental Protection and United States Soil Conservation Service
regulations. A satisfactory letter shall be required from the Bucks
County Conservation District on the soil erosion and sedimentation
control plan.
(18)
The location and type of all traffic control
signs, signals and devices proposed to be installed.
(19)
Where on-site sewage disposal facilities are
proposed, a statement from the Bucks County Health Department and/or
the Pennsylvania Department of Environmental Protection, with regard
to the suitability of the soil to absorb sewage wastes.
(20)
Plans showing proposed public improvements,
including bike paths, streets, curbs, gutters and sidewalks, including
a typical cross-sectional diagram of proposed street construction,
and a utility plan indicating the utility company to provide services.
(21)
A statement or certificate by the applicant
indicating that, to the best of his or her knowledge, the plans are
in conformity with engineering, zoning, building, sanitation and other
applicable Township ordinances and regulations and, if they are not
so conforming, detailing the areas of nonconformance and the reasons
for requesting a modification to the Township standards.
(22)
Where the subdivision of land is proposed as
a part of a land development because of the creation of mortgages
encumbering less than the entire tract, a plan showing the proposed
division of property, including easements for access to all parcels
not fronting on public roads. Such easements shall be a minimum of
56 feet wide.
(23)
When required by the Township's ACT 209 Traffic
Improvement Plan, a transportation impact study shall be submitted.
The traffic impact study shall be performed in accordance with the
standards attached in the Appendix to this chapter.[7] The Township Planning Commission, Engineer and Board of
Supervisors shall review the impact study to analyze its adequacy
in solving any traffic problems that will occur due to the subdivision
or land development. The Board of Supervisors may decide that certain
improvements, on- or off-site, are mandatory for plan approval and
may attach these conditions to the approval.
[7]
Editor's Note: See Exhibit 3, Traffic Impact
Study Requirements, located at the end of this chapter.
(24)
The developer shall supply to the Township a
statement from a registered engineer detailing the demands that the
proposed development will have on the existing sanitary sewer and
public water systems within the Township. The Bucks County Health
Department and other agencies with jurisdiction shall provide letters
indicating the sufficiency and acceptability of the proposed means
of water supply and sanitary sewers.
(25)
A preliminary plan not involving the subdivision
of land shall show proposed building locations, building sizes, intended
uses, preliminary elevation sketches and floor plans, location and
size of parking lot, provisions for access and traffic control, locations
of loading docks and provisions for landscaping and lighting of site.
The plan shall be in conformance with the requirements of the Township
Zoning Ordinance[8] with regard to use, area and bulk regulations and design
standards for the district for which the proposed land development
is located.
(26)
Phased development. Where a tract is to be developed
in phases, a complete preliminary plan for the entire tract shall
be submitted initially. The extent of each section 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 sections. Each phase
of a development must be designed so that it could be developed independently
and stand on its own without other phases.
(27)
If land to be subdivided lies partly in 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 this control within the adjoining
municipalities. Evidence of review of this information by appropriate
officials of the adjoining municipalities shall also be submitted.
(28)
Grading plan. Site and lot grading plans and
such additional drawings as required to detail the construction of
all proposed subdivisions and land developments. Individual lot grading
plans shall be consistent with the subdivision site grading plans
and with the Township's Grading and Excavation Ordinance.[9]
(29)
Pavement core samples. Pavement core samples
shall be provided for all existing roads abutting the site to be developed.
The applicant shall take pavement cores and CBR values of the existing
pavement at four-hundred-foot intervals staggered left to right in
the path of the outside wheels of vehicles traveling the existing
roadway and submit an analysis of the existing pavement based on the
foregoing core sample and analysis and the traffic volume, to determine
the extent of roadway reconstruction needed.
F.
Improvement construction plans. The improvement plan
shall show details, including all of the following:
(1)
The improvement construction plan shall be at any
of the following scales:
|
Horizontal
|
Vertical
| |
|---|---|---|
|
20'/inch
|
2'/inch
| |
|
50'/inch
|
5'/inch
|
(2)
Streets.
(a)
Horizontal plan.
[1]
Center line with bearings, distances, curve
data and stations corresponding to the profile.
[2]
Right-of-way and curb lines with radii at intersections.
[3]
Location of beginning and end of proposed construction.
[4]
Tie-ins by courses and distances to intersection
of all public roads, with their names and widths.
[5]
Location of all monuments with reference to
them.
[6]
Property lines and ownership of abutting properties.
[7]
Location and size of all drainage facilities,
sidewalks, public utilities, fighting standards and street name signs.
(b)
Profile.
[1]
Profile of existing ground surface along center
line of street.
[2]
Proposed centerline grade with percent on tangents
and elevations at fifty-foot intervals, grade of intersection and
both ends of curb radii.
[3]
Vertical curve data, including length, elevations
and minimum sight distances as required by the Engineer.
(3)
Storm drains and sanitary sewers.
(a)
Horizontal plan.
[1]
Location and size of line with stations corresponding
to the profile.
[2]
Location of manholes or inlets with grade between
and elevation of flow line and top of each manhole or inlet.
[3]
Property lines and ownership of abutting properties
with details of easements where required.
[4]
Beginning and end of proposed construction.
[5]
Location of laterals.
[6]
Location of all surface and subsurface drainage
facilities including BMPs and public utilities in the vicinity of
storm and/or sanitary sewer lines, Sufficient design information shall
be provided for each BMP so that an evaluation of whether the BMP
meets the required design for credit can be made.
[Amended 12-20-2006 by Ord. No. 363]
[7]
Hydraulic design data for culverts, subsurface
drains and/or bridge structures.
G.
Environmental assessment. An environmental impact assessment (EIA) report shall be submitted for all land developments and all subdivisions which involve three or more dwelling units or lots; provided, however, that a subdivision of lots, all of which are greater than 10 acres in area, shall be exempt from the requirements of an EIA report regardless of the number of lots if all of the lots are deed restricted from further subdivision. The EIA shall meet all the requirements set forth in Exhibit 6 attached to this chapter.[10]
[Added 12-20-2006 by Ord. No. 363]
[10]
Editor's Note: Exhibit 6 is included at the end of this chapter.
A.
B.
Following receipt of the complete submission from
the Township, the Planning Commission shall:
(1)
Receive and review the applicant's submission;
(2)
Receive and review the report by the Bucks County
Planning Commission and other reviewing agencies or persons submitting
a report;
(3)
Receive and review the report by the Township Engineer;
(4)
Listen to the applicant's presentation; and
(5)
Discuss submission with the applicant.
C.
Following a review of the applicant's submission and
discussion of the submission with the applicant, the Planning Commission
shall:
(1)
Evaluate the applicant's submission and presentation,
the County Planning Commission's report, the Township Engineer's report
and the reports of all other reviewing agencies or persons;
(3)
Submit a recommendation regarding plan approval on
the plan for use by the Board of Supervisors, such recommendation
to be contained within the Commission's regular minutes or as a separate
report at the discretion of the Planning Commission.
D.
Following receipt of the Township Planning Commission's
report and, unless extended by the applicant, within 90 days following
the date of the first regular Planning Commission meeting which follows
the date the complete application is filed, the Board of Supervisors
shall:
(1)
Receive and review the applicant's submission, listen
to the applicant's presentation and discuss the project with the applicant
at a public meeting;
(2)
Receive and review the reports by the Township Planning
Commission, the Township Engineer, the Bucks County Planning Commission
and other agencies or officials who have submitted a report;
(3)
Evaluate the applicant's submission, presentation,
the discussion with the applicant, the Township Engineer's report
and the Planning Commission's report;
(5)
Express its approval of the plan, stating the conditions
of such approval, if any, or its disapproval, stating the reasons
therefor. The Township may approve plans subject to conditions which
require the consent of the applicant, in which event the applicant
shall advise the Board of Supervisors prior to the final vote by the
Board of Supervisors on the plan as to whether he accepts or rejects
said conditions.
(6)
Within 15 calendar days following the decision, the
Supervisors shall communicate, in writing, to the applicant the terms
and conditions of preliminary plan approval, if any, or their disapproval,
stating the reasons therefor. Approval of a preliminary plan shall
not constitute approval of the final plan. If the Supervisors attach
conditions to the approval of any plan, the applicant must accept
and agree to all such conditions or the plan will be denied based
on noncompliance with ordinance requirements. If a preliminary plan
is conditionally approved as aforesaid, it shall not be given final
approval by the Board of Supervisors until all conditions are met
and corrected on the final plan.
E.
Failure of the Supervisors to render a decision and
communicate it to the applicant within the ninety-day review period
shall be deemed an approval of the application in terms as presented,
unless the applicant has agreed, in writing, to an extension of time
or change in the prescribed manner of the presentation of communication
of the decision; in which case, failure to meet the extended time
or change in manner of the presentation of communication shall have
like effect. The ninety-day review period for all applications required
by the Township shall begin on the date of the regular meeting of
the Township Planning Commission next following the date that a complete
application, including all required plans, documents, application
forms, required fees and studies, is filed, provided that should the
next regular meeting occur more than 30 days following the filing
of a complete application, the ninety-day period shall be measured
from the 30th day following the day that the complete application
was filed.
