A.
Classification of subdivision. Whenever any subdivision of land or
land development is proposed, before any contract is made for the
sale of any part thereof, and before any permit for the erection of
a structure in such proposed subdivision or land development shall
be granted, the owner, or his authorized agent, shall apply for and
secure approval of such proposed subdivision or land development in
accordance with the following procedures for subdivision and land
development.
B.
Preapplication DEP consultation. Prior to the preparation of any
plans, prospective developers shall consult with the Pennsylvania
Department of Environmental Protection and/or Bucks County Health
Department concerning soil suitability when on-site sewage disposal
facilities are proposed, including secondary sites.
C.
Preapplication Conservation District consultation. Prospective developers
shall consult with the Bucks County Conservation District representative
concerning erosion and sediment control and geologic conditions at
the proposed development.
D.
Preapplication PennDOT consultation. When the development site has
frontage on a state highway and/or proposes access to a state highway,
the developer shall consult with PennDOT concerning design requirements
which may be imposed in addition to the requirements of this chapter.
E.
Official filing.
(1)
All applications shall be filed at the Township office during regular business hours at a previously scheduled appointment with the Township Secretary or his or her designee. An application will not be deemed complete unless all applicable fees have been paid by the applicant and the application and plans conform with the plan requirements set forth in Article V of this chapter.
(2)
Plans will be reviewed by the Planning Commission and the Board of
Supervisors when the Township Secretary or his or her designee deems
review appropriate. The plan application record shall be closed 30
days before the Planning Commission meeting at which the plan will
be considered. The Township will not accept changes or amendments
to the application or its supporting document within 30 days of consideration
by the Planning Commission or Board of Supervisors.
F.
Bucks County Planning Commission review. All plans shall be submitted
to and reviewed by the Bucks County Planning Commission in accordance
with its then-prevailing rules and regulations.
A.
All filing, inspection and professional (engineering/legal) fees
shall be submitted to Warwick Township.
B.
Plan filing fee. A filing fee shall accompany all applications. No
application shall be accepted or acted upon unless payment is made
to Warwick Township. The Warwick Township Board of Supervisors shall
establish, by resolution, a schedule of fees to be paid by the subdivider
or land developer to defray the cost of administering and processing
of plans. The schedule of fees may be changed from time to time by
resolution of the Board of Supervisors of Warwick Township.
C.
Review fees. Review fees shall include reasonable and necessary charges
by the Township's professional consultants or Engineer for review
and report to the Township.
D.
The applicant shall execute a professional service contract guaranteeing
paying of fees of the Township consultants, including but not limited
to legal, planning, engineering, lighting, and landscape consultants.
A.
Purpose. It is the purpose of this section to provide a simplified
procedure by which the plans for minor subdivisions and lot line changes
may be submitted and approved.
B.
General. In the event that the proposed subdivision shall involve
a change in the location of streets, sanitary or storm sewers, water
mains, culverts and other municipal improvements, the provisions of
this section on minor subdivision shall not be applicable, and the
owner shall be required to comply with the requirements for major
subdivisions as defined herein.
C.
Additional subdivision. Any additional subdivision of a tract from
which a minor subdivision has already been approved shall be deemed
to be a major subdivision for the purposes of this chapter and shall
follow the procedure applying thereto, based on the entire original
site, including the previously subdivided site, assuming the additional
subdivision is submitted for review within 10 years of the recording
of the minor subdivision.
D.
Submission requirements. The minor subdivision or lot line change
plan and electronic version shall meet the following standards and
include or be accompanied by the following information:
(1)
Drafting standards:
(a)
The plan shall be drawn at a scale of one inch equals 40 feet,
50 feet or 100 feet.
(b)
Dimensions shall be in feet and decimal parts thereof; and bearings
shall be in degrees, minutes and seconds.
(c)
The plan shall be clear and legible, in print and electronic
formats.
(d)
The plan shall be on sheets either 24 x 36 inches or 30 x 42
inches, and all lettering shall be so drawn as to be legible if the
plan should be reduced to 1/2 size.
(e)
Multiple sheets shall be numbered and show their relationship
to the total number of sheets.
(f)
The boundary shall be shown in a solid heavy line.
(2)
General information to be shown:
(a)
The name of the subdivision.
(b)
The name and address of the owner/applicant and contact information,
including e-mail address.
(c)
The name and address of the engineer, surveyor or architect
responsible for the plan, and contact information, including e-mail
address.
(d)
The present zoning classification on the subject tract and adjacent
properties and requirements on the subject tract.
(e)
The date, North point and scale.
(f)
A location map for the purpose of locating the site, at a scale
of not less than 800 feet to the inch.
(g)
All monumentation, both existing and proposed, noting site and
material.
(h)
A declaration by the engineer/surveyor who is responsible for
the plan that the boundaries and lot lines are correct as shown and
whether boundaries were established by deed or physical field survey.
(3)
Existing features to be shown:
(a)
A complete outline survey of the property to be subdivided or
revised, showing all courses, distances and areas and tie-ins to all
adjacent street intersections.
(b)
The location, names and widths of streets, the location of property
and governmental boundary lines and the names of adjacent owners,
and the location of watercourses, sanitary sewers, water distribution
lines, storm drains, easements or rights-of-way and similar features.
(c)
The location and character of existing buildings, wooded areas,
and soils, with a special note on soils subject to flooding by having
a flood frequency other than “none” listed in the Official
Soil Survey provided by the United States Department of Agriculture,
Natural Resources Conservation Service, Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/).
Topography may be required.
(4)
For state roads, a letter shall be obtained from the Pennsylvania
Department of Transportation indicating that the plan has been reviewed
and approved in concept and that traffic considerations, driveways
and the discharge of water on the road right-of-way have been reviewed.
For Township roads, a letter shall be obtained from the Township Engineer
approving all highway encroachments on Township roads.
(5)
Recording of plan: See § 163-24C(7).
A.
Sketch plan. Prospective subdividers and developers are strongly
urged to discuss possible development sites with the Planning Commission
prior to submission of a preliminary plan. A sketch plan may be presented
for review not less than 30 days prior to the regular meeting of the
Planning Commission. Application for sketch plan review by the Bucks
County Planning Commission must accompany the submission. The applicant
is responsible for submitting his or her own plans to the Bucks County
Planning Commission. Submission of a sketch plan will not constitute
a formal filing of a subdivision or land development plan with the
Board of Supervisors.
B.
Preliminary plan.
(1)
Submission of preliminary plans is mandatory.
(a)
The preliminary plan and all information and procedures relating
thereto shall in all respects be in compliance with the applicable
provisions of this chapter and the Township Zoning Ordinance.[1] It is the responsibility of the subdivider or developer
to coordinate plans with the respective private and public service
agencies, including but not limited to (where applicable) the Bucks
County Conservation District, Bucks County Department of Health, Pennsylvania
Department of Environmental Protection, PennDOT, and Municipal Authorities.
(b)
The application form shall be accompanied by the requisite fee
and five copies of all required materials and prints of the preliminary
plan of the subdivision or development, or as requested by the Township.
All documents shall also be submitted in an electronic format designated
by the Township.
[Amended 4-17-2023 by Ord. No. 2023-01]
(c)
The Township Secretary shall forward a copy of the preliminary
plan prints and required materials to the Township Engineer for review
and comment.
(d)
The Township Secretary shall forward copies of the preliminary
plan prints and required materials to the Planning Commission.
(e)
When applicable, the submission shall be accompanied by a planning
module for land development, as required by the Pennsylvania Department
of Environmental Protection.
(2)
Submission requirements. The major subdivision plan shall meet the
following standards and include or be accompanied by the following
information:
(a)
Drafting standards:
[1]
The plan shall be drawn at a scale of one inch equals 30 feet,
40 feet, 50 feet or 100 feet.
[Amended 4-17-2023 by Ord. No. 2023-01]
[2]
Dimensions shall be in feet and decimal parts thereof; and bearings
shall be in degrees, minutes and seconds.
[3]
The plan shall be a clear, legible, paper print.
[4]
The plan shall be on sheets either 24 x 36 inches or 30 x 42
inches, and all lettering shall be so drawn as to be legible if the
plan should be reduced to 1/2 size.
[5]
Multiple sheets should be numbered and show their relationship
to the total number of sheets.
[6]
The boundary shall be shown in a solid heavy line.
(b)
General information to be shown:
[1]
The name of the subdivision.
[2]
The name and address of the owner/applicant.
[3]
The name and address of the engineer, surveyor or architect
responsible for the plan.
[4]
The present zoning classification on the subject tract and adjacent
properties and requirements on the subject tract.
[5]
The date, North point and scale.
[6]
A location map for the purpose of locating the site, at a scale
of not less than 800 feet to the inch.
[7]
All monumentation, existing and proposed, noting site and material.
[8]
A declaration by the engineer/surveyor who is responsible for
the plan that the boundaries and lot lines are correct as shown and
whether boundaries were established by deed or physical field survey.
[9]
A declaration by the applicant's registered landscape architect
(RLA) that the landscaping shown on the plan complies with the Township
codes and ordinances.
[10]
Zoning requirements, including any variances or
special exceptions that may have previously been granted. Zoning data
shall indicate both required and proposed information.
(c)
Existing features to be shown:
[1]
A complete outline survey of the property to be subdivided or
revised, showing all courses, distances and areas and tie-ins to all
adjacent street intersections.
[2]
The location, names and widths of streets; the location of property
and governmental boundary lines and the names of adjacent owners;
and the location of watercourses, sanitary sewers, water distribution
lines, storm drains, monuments, easements or rights-of-way and similar
features within 400 feet of the site. Topography shall be provided,
based on USGS datum, with contours at no less than two-foot intervals.
Contour intervals of one foot may be required where determined to
be necessary for review by the Township Engineer.
[3]
The location and character of existing buildings, wooded areas
(including individual trees standing alone, greater than 12 inches'
caliper at a height of 14 inches above the ground), floodplains, soil
types, lakes, ponds, watercourses, wetlands, steep slopes of 8-15%,
steep slopes of 15-25%, steep slopes of 25% or steeper, and other
natural features.
[4]
The existing floodplain delineations must be shown as required
by this chapter.
(d)
Proposed layout:
[1]
The layout of streets, including width of the right-of-way,
cartway, alleys and crosswalks.
[2]
The layout and dimensions of lots, including the gross and net
lot area for each lot. Lots for which other than a residential use
is intended shall be indicated.
[3]
The arrangement of buildings and parking areas in nonresidential
and multifamily developments, with all necessary dimensions.
[4]
For multifamily developments, total dwelling units, number of
buildings, proposed density, total parking spaces and building coverage.
[5]
A plan for the stormwater management of the tract shall be provided,
including collection, conveyance and all detention/BMP facilities.
A plan to control erosion during and after the construction period
shall be provided.
[6]
Center-line profiles shall be provided for each proposed street,
including profile views of proposed and existing utilities. Profiles
may be required at the discretion of the Township Engineer for parking
areas.
[7]
A plan of proposed landscaping and lighting shall be provided,
including all pertinent design information and details. The submission
shall contain but shall not necessarily be limited to the following:
[a]
Plans indicating the location on the premises of
each illuminating device, both proposed and any already existing on
the site.
[b]
A description of all illuminating devices, fixtures,
lamps, supports, and reflectors, both proposed and existing. The description
may include but is not limited to catalog cuts and illustrations by
manufacturers (including sections where required).
[c]
Photometric data, such as that furnished by manufacturers,
or similar showing the angle of cutoff of light emissions.
[d]
Descriptions and data sufficiently complete to
enable the designated official or reviewer to readily determine whether
compliance with the requirements of this chapter will be secured.
If such plans, descriptions and data cannot enable this ready determination,
the applicant shall additionally submit as evidence of compliance
to enable such determination such certified reports of tests as will
do so, provided that these tests shall have been performed and certified
by a recognized testing laboratory.
[8]
The length of proposed streets.
[9]
Building setback lines.
[10]
Rights-of-way and/or easements proposed to be
created for all drainage purposes, utilities or other reasons.
[11]
Where the preliminary plan covers only a part
of the applicant's entire holding, a sketch shall be submitted of
the prospective street layout for the remainder.
[12]
The method of calculating the total number of
off-street parking spaces.
[13]
An encroachment plan, which illustrates all natural
resources, including a tabulation of each resource, and those areas
to be disturbed.
[14]
All necessary construction details.
(e)
For state roads, a letter shall be obtained from the Pennsylvania
Department of Transportation indicating that the plan has been reviewed
and approved in concept and that traffic considerations, driveways
and the discharge of water on the road right-of-way have been reviewed.
For Township roads, a letter shall be obtained from the Township Engineer
approving all highway encroachments on Township roads.
(3)
Review of preliminary plans.
(a)
In cases where the subdivision or land development adjoins an
existing or proposed state highway or has proposed streets entering
onto state highways, the developer shall submit the plans to the Pennsylvania
Department of Transportation for review and forward copies of that
application to the Township.
(c)
Unless the applicant has granted a waiver or extension of the
review deadlines set forth the in the MPC, the Planning Commission
should act on the preliminary plan in time for the Board of Supervisors
to render its decision in accordance with the time limits set forth
in the MPC.
(4)
Planning Commission recommendation.
(a)
The Planning Commission should recommend whether the preliminary
plan should be approved, approved with modifications, or waiver requests,
or disapproved and should notify the Board of Supervisors via written
report from the Township Secretary.
(b)
In making its recommendation, the Planning Commission should
consider the recommendations of the Township Engineer, Township staff,
Bucks County Planning Commission, interested residents, and any agency
or agencies from which a review was requested.
(5)
Township Engineer review. All plans, plan revisions and associated
documents should be reviewed by the Township Engineer prior to the
transmission of such plans to the Planning Commission or Board of
Supervisors.
(6)
Resubmission of preliminary plans. A revised plan submitted prior
to or after disapproval shall be considered and processed as a new
plan submission. A revised plan submitted after approval shall only
be considered a new plan submission if, in the opinion of the Township,
it has been substantially revised after said approval.
(7)
All plans shall evidence compliance with requirements of the Township
Zoning Ordinance.[3] Failure of the applicant to obtain all necessary variances,
special exceptions, and/or conditional use approvals prior to preliminary
plan approval shall be a cause for denial of the plan.
(8)
Approval of preliminary plans.
(a)
Unless the applicant has granted a waiver or extension of the
time limitations of this chapter and the MPC, the Board of Supervisors
shall act on the preliminary plan and communicate its decision to
the applicant within the time deadlines set forth in the MPC.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
The Board of Supervisors shall notify the applicant of its decision
to approve, approve with conditions, or disapprove the preliminary
plan in writing. If the plan is approved with conditions or disapproved,
the Board of Supervisors shall specify in its notice the conditions
which must be met and/or the defects found in the plan and the requirements
which have not been met, including specific reference to provisions
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., or any other statute or provision of this chapter which has
not been fulfilled.
(c)
Approval of the preliminary plan shall constitute approval of
the subdivision or land development as to the character and intensity
of development and the arrangement and approximate dimensions of streets,
lots, and other planned features. The approval binds the subdivider
or developer to the scheme of the subdivision shown, unless a revised
preliminary plan is submitted, and permits the subdivider to proceed
with final detailed design of improvements, to arrange for a guaranty
to cover installation of the improvements, and to prepare the final
plan. Approval of the preliminary plan does not authorize the sale
of lots nor the recording of the preliminary plan.
(d)
Where preliminary plan approval is given subject to conditions,
the applicant shall accept or reject any or all of the conditions
within 15 days from the date that he/she receives the written notification
from the Board of Supervisors. Failure to accept or reject such conditions
in writing within the foregoing time limit shall result in the conditional
approval of the plan to become automatically rescinded pursuant to
Section 503(9) of the Pennsylvania Municipalities Planning Code,[5] and, in the alternate, the plan is denied due to noncompliance
with the specified conditions.
[5]
Editor's Note: See 53 P.S. § 10503.
C.
Final plan.
(1)
Submission of final plans is mandatory.
(a)
After the subdivider or developer has received official notification
from the Board of Supervisors that the preliminary plan has been approved,
he must submit a final plan in accordance with the provisions of Section
508 of the Municipalities Planning Code.[6] Application to the Bucks County Planning Commission with
the appropriate fee must accompany the final plan submission.
[6]
Editor's Note: See 53 P.S. § 10508.
(b)
The final plan shall conform in all respects with the approved
preliminary plan. If it does not, the plan submitted shall be considered
a revised preliminary plan and shall be forwarded by the Township
Secretary to the Planning Commission for review and recommendation
as a preliminary plan.
(c)
The subdivider or developer must submit with the final plan a guaranty for the installation of improvements which meets the requirements of Article VI.
(d)
The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 163-22.
(e)
Documented approval of the planning module for land development
by the Pennsylvania Department of Environmental Protection shall be
part of the requisite materials accompanying the final plan submission.
(f)
The subdivider or developer shall submit five copies of the
final subdivision or land development plans and all other required
information as instructed by the Township. Additionally, all documents
must be submitted in electronic format.
[Amended 4-17-2023 by Ord. No. 2023-01]
(2)
Review of final plans.
(a)
The Planning Commission should review the plan and requisite
materials for compliance with the approved preliminary plan and for
conformance to the requirements of this chapter.
(b)
Unless the applicant has granted a waiver or extension of the
time limitations of this chapter and the MPC, the Board of Supervisors
shall act on the final plan and communicate its decision to the applicant
within the time deadlines set forth in the MPC.[7]
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Planning Commission recommendation.
(a)
The Planning Commission should recommend whether the final plan
should be approved, approved with conditions, or disapproved, and
should notify the Board of Supervisors via written report from the
Township Secretary.
(b)
In making its recommendation, the Planning Commission should
consider the recommendations of the Township Engineer, Township staff,
the Bucks County Planning Commission, the Bucks County Conservation
District, PennDOT, and the recommendations of any agency or agencies
from which a review was requested.
(4)
Township Engineer review. All plans and associated documents shall
be reviewed by the Township Engineer prior to the transmission of
such plans to the Board of Supervisors.
(5)
Resubmission of final plans. A revised plan submitted after denial
shall be considered and processed as a new final plan submission.
(6)
Approval of final plans. Unless the applicant has granted a waiver
or extension of the time limitations of this chapter and the MPC,
the Board of Supervisors shall act on the final plan and communicate
its decision to the applicant within with time deadlines set forth
in the MPC.[8]
(a)
The decision of the Board of Supervisors shall be in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address.
(b)
When the application is not approved in terms as filed, the
decision 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 Pennsylvania Municipalities Planning Code
or any other statute and the provisions of this chapter and any other
ordinance relied upon.
(c)
Where final plan approval is given subject to conditions, the
applicant shall accept or reject any or all of the conditions within
15 days from the date that he receives the written notification from
the Board of Supervisors. Failure to accept or reject such conditions
in writing within the foregoing time limit shall result in the conditional
approval of the plan to become automatically rescinded pursuant to
Section 503(9) of the Pennsylvania Municipalities Planning Code,[9] and, in the alternate, the plan is denied due to noncompliance
with the specified conditions.
[9]
Editor's Note: See 53 P.S. § 10503.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
(7)
Recording of final plans.
(a)
Upon approval of the final plan, the subdivider or developer
shall prepare three Mylar reproductions of the original final record
plan and three paper prints, which include all plan sheets. All plans
shall be executed and notarized by the applicant, bearing appropriate
engineering and surveying seals. The plans, upon satisfaction of all
conditions attached to the approval, will be signed by the Board of
Supervisors. A copy of the signed final plan shall be recorded in
the office of the Bucks County Recorder of Deeds within 90 days after
approval of the final plan or the approval of the Board of Supervisors
shall be null and void. The final plan must be recorded by the applicant
before proceeding with the sale of lots or construction of buildings.
[Amended 4-17-2023 by Ord. No. 2023-01]
(b)
Within two days of the plans being recorded with the Bucks County
Recorder of Deeds, the applicant shall return to the Township two
recorded Mylar plans, two recorded paper plans, and a scanned electronic
copy of the original signed recorded plans.
(c)
Recording the final plan shall be an irrevocable offer to dedicate
all streets and other public ways to public use, and to dedicate or
reserve all open space and other public areas to public use unless
determined by the Board of Supervisors to remain private and undedicated,
provided that the approval of the final plan shall not impose any
duty upon the Board of Supervisors of Warwick Township concerning
maintenance of the improvements offered for dedication, nor shall
such approval be construed as an acceptance of such dedication.
(d)
The subdivider shall place a notation on the final plan if there
is no offer of dedication to the public of streets and certain designated
public areas, in which event the title to such areas shall remain
with the owner, and the Township shall assume no responsibility for
improvement or maintenance thereof; which fact shall be noted on the
plan.
A.
General. The Board of Supervisors may grant a waiver or modification
of the requirements of one or more provisions of this article 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 the article is observed.
B.
Procedure. All requests for waiver or modification shall be in writing
and shall accompany and be 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 or provisions
of the article involved, and the minimum modification necessary.
C.
Requests for waiver or modification shall be referred to the Planning
Commission for advisory comments.
