A.
General terms.
(1)
The words "may" and "should" are permissive, indicating
actions which are preferred but not required.
(2)
The words "must," "shall" and "will" are indicative
of mandatory actions.
(3)
The word "occupy" includes the words "designed or
intended to be occupied."
(4)
The words "applicant," "person" and "owner" include
corporation, unincorporated association, partnership and other similar
legal entities, as well as an individual.
(5)
The word "use" includes the words "arranged, designed
or intended to be used."
(6)
The word "watercourse" includes channel, creek, ditch,
drain, dry run, spring and stream.
C.
Terms and words not defined. Where terms or words
are not defined, they shall have their ordinarily accepted meanings
as defined by a generally accepted dictionary of the English language
or such as the context may imply.
The definitions contained in the following acts
and regulations, all as may be amended from time to time, are incorporated
herein by reference as if set forth herein at length:
A.
The Pennsylvania Solid Waste Management Act, Act 97
of 1980, enacted July 7, 1980, 35 P.S. § 6018.101 et seq.
B.
The Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act, Act 101 of 1988, enacted July 28, 1988, 53
P.S. § 4000.101 et seq.
C.
The regulations of the Pennsylvania Department of
Environmental Resources, Chapter 25 of the Pennsylvania Code, § 75.1
et seq.
All plans, whether sketch, preliminary or final, that are submitted must be complete, including written requests for waivers in accordance with § 107-57. If they are not complete, the plans will not be accepted for review, but will be returned to the applicant for completion and/or correction.
A.
The submission of a sketch plan shall not constitute,
under any circumstances, an official application for approval of a
subdivision plan or land development plan. During the period that
a sketch plan is being reviewed by the Planning Commission, the sketch
plan shall not be deemed to be pending approval or disapproval.
B.
If a sketch plan is submitted for subdivisions of
10 or more lots, the applicant shall depict three significantly different
subdivision concepts or proposed layouts on the sketch plan.
C.
A sketch plan may also be submitted for subdivisions and land developments, other than those specified in Subsection B hereof. The applicant shall be required to pay the requisite fee required by the Berks County Planning Commission, if a county review is desired, as well as the fees of the Township Engineer in reviewing the sketch plan.
The number of sketch plans to be submitted shall be the number established from time to time by resolution of the Board of Supervisors. The sketch plan may be submitted to the Washington Township Planning Commission for informal discussion and suggestions as to the general layout prior to the preparation of the preliminary plan. Upon request of the applicant, it may also be reviewed by the Board, the Berks County Planning Commission and the Township Engineer for conformance with subdivision and land development regulations, Chapter 131, Zoning, and any other applicable Township, county or state laws or regulations. Any review by the Township Engineer or the Berks County Planning Commission will first require the payment of any applicable fees.
A preliminary plan is required for all subdivisions
and land developments proposed within the Township. A plan showing
all the information required for a final plan may be submitted as
a preliminary plan and, in the case where no changes to the plan are
required by the Board, may be approved as a final plan.
A.
A final plan is required for all subdivisions and
land developments proposed within the Township. A plan showing all
the information required for a final plan, which has been submitted
as a preliminary plan and for which no changes have been required
by the Board, may be approved as a final plan. A final plan shall
consist of two parts:
B.
A land development plan shall be required whenever
the application for approval of a plat shall be construed to be a
land development in accordance with the definition of the same as
provided in this chapter. A land development plan may be required
in conjunction with a subdivision plan or in lieu of a subdivision
plan when review of a plan on a lot-by-lot basis would not be applicable.
The preliminary plans shall be submitted to
the Township Secretary. The following comments apply to the plan submission:
A.
The number of copies of the plan to be submitted shall
be the number established from time to time by resolution of the Board
of Supervisors.
B.
The plans will be reviewed by the Washington Township
Planning Commission and the Berks County Planning Commission. In addition,
the plans shall be reviewed by the Township Engineer, Sewage Enforcement
Officer, Township Municipal Authority, Pennsylvania Department of
Transportation, Pennsylvania Department of Environmental Resources,
Berks County Conservation District, any other organization from whom
a permit is required and any other organization which the Board shall
designate.
C.
The plan shall then be reviewed by the Board, taking
into consideration the recommendations of the other reviewing agencies,
the Township Engineer and any improvements agreements or other appropriate
documents. If the Board approves the plan, the Township Secretary
will so certify thereon and one copy will be given to the applicant.
If the Board disapproves, the reasons therefor will be set forth,
in writing, and given to the applicant as required by the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
D.
Approval will be effective for five years only, unless extended by the Board. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of preliminary approval. Should the applicant fail to effectuate the approved plot within the prescribed five-year period, the terms of development or subdivision shall be governed by any subsequent change to Chapter 131, Zoning, subdivision regulations or other with governing ordinances or plans.
E.
When deemed desirable, the applicant may be requested
to agree, in writing, to an extension of time to the prescribed period
of time normally allotted to the applicant in which a decision concerning
the status of the application for approval of a plat is to be rendered
or to a change in the prescribed manner of communication of the decision
of the Board. In such case, the Board shall render a decision and
communicate it accordingly to the applicant before termination of
the extended time period.
F.
Approval subject to conditions.
(1)
If the Board approves a preliminary plan subject to
specific conditions, then those conditions shall be accepted, in writing,
by the applicant. The notice to the applicant shall:
(a)
Specify the conditions of approval and request
the applicant's written agreement to the condition.
(b)
State that the approval shall be rescinded automatically
if the applicant fails to accept the conditions within 14 days of
the date of the notice.
(c)
State that the application shall be rejected
if the applicant fails to accept the conditions within 14 days of
the date of the notice. The notice shall set forth the defect or defects
found in the application, describe the requirements which have not
been met and cite the provisions of the statute or ordinance relied
upon for rejection of the plan.
(2)
Following submission of written agreement to the conditions
specified by the Board, the applicant shall submit two paper copies
of the preliminary plan, which show compliance with the conditions,
by plan revision or notation.[2]
[2]
Editor's Note: Former Subsection G, regarding written notice
to landowners and/or residents within 500 feet, was repealed 3-28-2019 by Ord. No. 2019-1 and by Ord. No. 2019-3.
A.
In the case of an approved preliminary plan calling
for the installation of improvements beyond five years from the date
of the approval, the applicant shall file a schedule with the approved
preliminary plan that delineates all proposed sections, as well as
deadlines within which applications for final plan approval of each
section are intended to be filed. Such schedule shall be updated annually
by the preliminary plan approval until final plan approval of the
final section has been granted, and any modification in the aforesaid
schedule shall be subject to approval of the Board.
B.
Each section in any residential subdivision or land
development, except for the last section, shall contain a minimum
of 25% of the total number of dwelling units as depicted on the preliminary
plan, unless a lesser percentage is approved by the Board. Provided
that the applicant has not defaulted with regard to or violated any
of the conditions of the preliminary plan approval, including compliance
with the aforesaid schedule of submission of final plans for the various
sections, then the protections afforded by substantially completing
the improvements depicted upon the final plan within five years, as
set forth in § 508 of the Pennsylvania Municipalities Planning
Code,[1] as amended, shall apply. For any section or sections beyond
the initial section in which the required improvements have not been
substantially completed in the aforesaid five-year period, the protections
provided by § 508 of the Pennsylvania Municipalities Planning
Code, as amended, shall apply for an additional term or terms of three
years from the date of final plan approval of each section.
[1]
Editor's Note: See 53 P.S. § 10508.
C.
Failure of the applicant to adhere to the aforesaid
schedule of submission of final plans for the various sections shall
subject any such section to any and all changes in zoning, subdivision
and other ordinances enacted by the Board subsequent to the date of
the initial preliminary plan submission.
Final plans shall be submitted and reviewed
in accordance with the procedure contained in this section.
A.
A final plan for an application that has been previously
granted preliminary plan approval shall be approved by the Board when
they are assured that:
(1)
The final plan conforms to the approved preliminary
plan.
(2)
All engineering and other technical details have been
resolved to the satisfaction of the Township Engineer, as evidenced
by a letter from the Township Engineer, and to the satisfaction of
other technical advisors, when requested by the Board.
(3)
A signed recommendation is received from the Township
Planning Commission.
(4)
All financial guaranties and legal agreements have
been found satisfactory by the Board under the review and advice of
the Township Solicitor.
(5)
The plan complies in all respects with applicable
Township ordinances or that appropriate variances or waivers have
been granted for features that do not comply.
(6)
Written approval from the Washington Township Municipal
Authority, if required.
(7)
All other necessary permits have been obtained from
the applicable regulatory agencies, authorities or departments.
B.
Processing steps for applications with previous preliminary
approval.
(1)
The number of copies of the final plan as established
by resolution of the Board shall be submitted to the Township Secretary,
accompanied by the filing fee and required administration forms.
(4)
The Board shall consider the final plan at one or
more of its public meetings during the allocated ninety-day time period,
unless the applicant has agreed, in writing, to an extension of the
time period.
C.
When the final plan is approved, the applicant shall
present paper copies of the plan to be signed by the Board, together
with the date of the approval and Official Township Seal.
Upon approval of a final plan of subdivision
or land development, the applicant shall, within 90 days of such final
approval, record such plan in the office of the Recorder of Deeds
of Berks County, Pennsylvania. The approved final plan shall bear
the official signature and seal of the Township and stamp of review
by the Berks County Planning Commission. The applicant must notify,
in writing, the Township Secretary as to the date, deed book number
and page number in which the plan was recorded and shall return a
copy of the recorded plan to the Township Secretary.
Minor plans may be submitted only for lot line
adjustments, simple conveyances, minor subdivisions and minor land
developments as characterized herein, in accordance with the standards
and requirements of this section.
A.
Characteristics.
(1)
Lot line adjustment.
(a)
A proposal between two abutting, existing, legally
approved and recorded lots.
(b)
A common lot line is proposed to be adjusted
in terms of its location or configuration.
(c)
The land area of each lot may be different after
adjustment, but the total lot area of the two lots will be unchanged.
(d)
Neither lot will violate the applicable dimensional requirements of Chapter 131, Zoning, as a result of the lot line adjustment.
(e)
Possible reasons for lot line adjustments include,
but are not necessarily limited to:
(2)
Simple conveyance.
(a)
A proposal between two abutting, existing, legally
approved and recorded lots.
(b)
A portion of one lot is being divided off to
be conveyed to the owner of the abutting lot.
(c)
The land area of each lot will be different
after conveyance, but the total lot area of the two lots will be unchanged.
(d)
The lot from which the land is being conveyed must be suitable in terms of the applicable dimensional requirements of Chapter 131, Zoning, so that after conveyance, it will remain in compliance with those requirements.
(e)
The land area being conveyed need not satisfy any of the dimensional requirements applicable to lotting in the district in which it is located, nor the street frontage requirements of Chapter 131, Zoning, provided that:
[1]
It is combined in common deed with the abutting
lot to which it is being added; or
[2]
If not combined in common deed, it shall be
deed restricted to the extent that it may not be transferred independently,
but must be transferred together with the lot to which it is being
functionally added by the process of simple conveyance.
(3)
Minor subdivision.
(a)
A subdivision proposal which would divide one
existing lot into two lots, both of which will comply with the applicable
dimensional requirements of the zoning district in which the existing
lot is located.
(b)
The existing lot has sufficient frontage on
an existing, improved public street to satisfy the applicable Township
requirements for lot frontage and/or access to a public street for
both proposed lots.
(c)
The existing lot has not been a part of an approved
subdivision proposal during the five years previous to the current
application.
(d)
The subdivision will not require new road construction,
road improvements or the extension of existing utility lines.
(e)
The proposal will not involve significant stormwater
and/or erosion control issues, as determined by the Township Engineer.
(f)
The Board may require standard preliminary plan
submission in place of a minor plan when conditions warrant it, at
the advice of the Planning Commission or Township Engineer.
(4)
Minor land development.
(a)
A minor land development consists of a proposal
in which the intended development or modification of a site or use
and occupancy of an existing structure will create a minimal impact
upon traffic, drainage, visual image, landscaping, buffering, lighting
or any other elements described in the title and purpose of this chapter.
(b)
Minor parking expansion consists of a proposed
parking lot expansion for a nonresidential use where the proposed
expansion consists of 10 parking spaces or less.
(c)
Additions to existing nonresidential buildings,
provided that the addition is less than 5,000 gross square feet and
involves no more than a 25% increase in the existing building.
(d)
The addition of tenants to an existing nonresidential
building when minimal structural improvements are required.
(e)
When warranted by conditions and upon recommendation
of either the Township Planning Commission or Township Engineer, the
Board of Supervisors may require an applicant to submit a standard
preliminary plan submission instead of a minor plan.
B.
The plans for lot line adjustment, simple conveyance,
minor subdivision and minor land developments shall comply with the
following submission requirements.
(1)
Drafting standards.
(a)
The plan shall be drawn to a standard engineering
scale not exceeding 100 feet to the inch.
(b)
Sheet size shall be 24 inches by 36 inches,
appropriately related to the scale of the drawing. Only one sheet
shall be permitted.
(c)
Property lines shall be drawn and labeled in
conformance with accepted surveying and civil engineering practices,
including dimensions shown in feet and decimals and bearings shown
in degrees, minutes and seconds.
(2)
Basic information to be shown on the plan.
(a)
The name and address of the applicant.
(b)
The name and address of any other property owner
involved in the proposal.
(c)
The name and address and professional seal of
the individual or firm that prepared the plan.
(d)
The date of preparation of the plan and a descriptive
list of revisions to the plan and the revision dates.
(e)
North point and scale.
(f)
The location plan showing the relationship of
the subject tract to the surrounding road network and major physical
features.
(g)
The entire boundary lines of all lots involved
in the proposal with bearings and distances and lot areas.
(h)
A list of the basic dimensional requirements
of the applicable zoning district.
(i)
A legend sufficient to indicate clearly between
existing and proposed conditions.
(j)
Notes sufficient to describe what is being proposed
and which land areas are to be transferred as a result of the proposal.
(3)
Existing and proposed features to be shown on the
plan.
(a)
For lot line adjustments:
[1]
The lot line proposed to be adjusted, as it
currently exists, shown as a dashed line, labeled "Lot Line to be
Removed."
[2]
The lot line as it is proposed to be after adjustment,
drawn using the standard lot line delineation at a heavier line weight
than the other lot lines and labeled "Proposed New Lot Line."
[3]
Any existing physical features of the site which
are involved in the decision to adjust the line.
[4]
Any existing and/or proposed features which
will be directly affected by the lot line adjustment.
(b)
For simple conveyances:
[1]
The land area to be conveyed, drawn in a manner
which makes it readily identifiable.
[a]
The lot lines defining this area
shall be drawn using the standard lot line delineation at a heavier
line weight than the other lot lines.
[b]
Except that the lot line to be
removed, when combining into common deed, shall be shown as a dashed
line labeled "Lot Line to be Removed."
[c]
This area shall be labeled "This
area to be conveyed to (name)."
[2]
The area of the parcel being conveyed.
[3]
The areas of the previously existing lots and
their areas following conveyance.
[4]
Any existing physical features of the site which
may be involved in determining the location, size and shape of the
area to be conveyed.
[5]
Any existing and/or proposed site features which
will be directly affected by the conveyance.
(c)
For minor subdivisions:
[1]
Existing features.
[a]
Streets bordering or crossing the
tract, showing names, right-of-way and cartway widths and surface
conditions.
[b]
Approximate locations of sanitary
and/or storm sewer lines, wells and water supply lines and sewage
treatment and disposal facilities.
[c]
The location of all watercourses
and limits of any flood-prone areas (data from soil survey and/or
FEMA studies).
[d]
Contours obtained from United States
Geological Survey maps.
[e]
The location and description of
existing buildings and other structures, labeled "To Remain”
or "To Be Removed," as applicable, and the location and description
of existing buildings and other structures less than 100 feet beyond
the tract boundaries.
[f]
The outer limits of tree masses.
[g]
The locations of any natural or
man-made features which may affect the developability of the land,
such as quarries, etc., within the property and up to 200 feet beyond
the tract boundaries.
[h]
The locations and descriptions
of major utilities, such as pipelines and electric transmission lines,
both above and below ground, with a note describing additional setback
or development restrictions required in their regard.
[i]
Areas subject to deed restrictions
or easements.
[3]
Minor plans for minor subdivisions shall not be subject to the requirements of § 107-28 of this chapter; however, an open space fee of $1,500 shall be required to be paid for each new residential lot. Such fee may be amended from time to time by resolution of the Washington Township Board of Supervisors.
C.
Minor plan submission and review procedure.
(1)
All minor plans shall be considered to be preliminary plans for the purposes of submission for review and approval and shall comply with the requirements of § 107-14, Processing of preliminary plans.
(2)
A minor plan may be granted concurrent preliminary and final plan approvals, provided that the plan includes the final plan certifications and complies with § 107-16A(2) through (7) inclusive hereof.
(3)
A minor plan is not required to include an improvements
construction plan or a record plan.
