The following transactions require approval:
A. Any division of land with new streets or easements.
(1)
Where zoning boundaries are divided by a public street, the
zoning districts shall be considered noncontiguous.
[Added 7-22-2002 by Ord. No. 2002-5]
B. The splitting of a lot or tract of ground into two or more lots where
there are no new streets or easements.
C. Realignment of lot lines for any purpose.
D. Mortgage on less than the whole tract of land.
E. The divisions of parcels of land owned by the same owners on either
side of a private or public road (or separated by the construction
of a public road) and/or parcels of land made up of two or more individual
parcels that have been bought or secured separately, perhaps even
from a different source and at different times, so long as they are
contiguous, shall be considered a single parcel of ground.
F. Divisions of interest for the future, anything that establishes a
future pattern of action, that by all normal processes establishes
a de facto division; or anything that locates or establishes the need
for future property lines, easements and/or rights-of-way.
G. Division of use and division of possession of property by long-term
lease rather than by deed (such as ninety-nine-year lease).
H. A land development as defined in this chapter.
I. Any other activity required to comply with this chapter by Chapter
170, Zoning.
Where a request is clearly consistent with the purpose and intent
of this chapter, the Board of Supervisors shall have the authority
to waive or modify any portion or section of this chapter where the
applicant proves, to the satisfaction of the Board of Supervisors,
any of the following:
A. The requirement would pose an undue and unreasonable hardship on
the owner and on the development of the land; or
B. The modification or waiver would clearly be in the public interest
by showing that the development would clearly be superior to what
would occur if the provision was strictly enforced; or
C. The requirement shall not apply because of the peculiar individual
characteristics of a particular area of land; or
D. The applicant agrees to use an alternative standard specification
which is acceptable to the Township.
[Added 7-22-2002 by Ord. No. 2002-5]
A. In addition to the authority granted in §
149-304, the Board of Supervisors shall have the authority to modify specific requirements of this chapter for a flexible development in any of the following cases:
(1)
To result in a higher quality site design, including a design
that is more pedestrian-friendly, encourages lower speed traffic on
residential streets and/or promotes patterns of development similar
to traditional villages.
(2)
To minimize adverse impacts upon important natural features,
scenic views and historic buildings.
B. Any modification under this §
149-305 shall be offered to the Planning Commission and Township Engineer for review and approved in writing by the Board of Supervisors. Any request shall be in writing and shall state the specific modification that is requested, the section number involved and the reasons for the request.
C. Allowed modifications. A modification under this section may include,
but is not limited to the following:
(1)
Reduction in the minimum horizontal curve radius of streets
to promote lower speed traffic.
(2)
Variations in the design of cul-de-sac street ends.
(3)
Reduction of street cartway widths, considering the expected
traffic volumes, on-street parking and traffic speeds.
(4)
Provisions for alleys to provide rear access to properties.
(5)
Modification of §
149-910B. to allow reduced grading in a street right-of-way to preserve trees.
(6)
Allowance of roadside drainage swales without curbing where
curbing is not necessary for stormwater management reasons.
(7)
Variations in landscaping and buffer yard requirements that
still achieve a similar effect to what would otherwise be required.
(8)
Allowance of shared driveways where necessary to minimize impacts
upon natural resources and to manage traffic access onto through streets.
(9)
Allowance of flag lots where necessary to minimize impacts upon
natural resources.
D. Deferral of submission requirements. For an application for a flexible
development, an applicant may defer the submittal of the following
specific detailed engineering information until the final plan submission
if the applicant commits to not construct any improvements, conduct
any grading nor remove any trees until after final plan approval.
This deferral is intended to promote greater flexibility by an applicant
in responding to Township concerns during the preliminary plan stage,
because adjustments in the layout can be accommodated before all the
detailed and expensive engineering has been completed.
(1)
This deferral of submission requirements may include detailed road profiles, detailed road data, detailed utility profiles, detailed grading plans, detailed stormwater calculations and improvement construction details. This deferral shall not affect the conservation design process of §
170-1617 of the Zoning chapter.
(2)
In place of submitting this information at the preliminary plan
stage, an applicant shall submit sufficient information at the preliminary
plan stage to prove the feasibility of proposed development. This
shall include proving the ability of all final plan stages to fully
function in a coordinated manner, even if all stages are not completed.
(3)
Such commitment by the applicant shall be in writing in a legally
binding manner that is acceptable to the Township Solicitor and shall
be binding upon all of the applicant's successors and assigns.