Township of Uwchlan, PA Article IV Plan Content and Supplemental Study Requirements

§ 401 Required contents of sketch plans.

A sketch plan shall consist of and be prepared in accordance with the following standards:

401.1 Drafting standards. Specific drafting standards are not required for sketch plan submission; however, to the extent practicable at the time of sketch plan submission, it is strongly suggested that the drafting standards set forth in § 402.1 for preliminary plan submission be employed.

401.2 Required contents of sketch plan.

a. Name and address of the owner of record, the equitable owner, and/or the applicant.

b. Tax parcel number(s) from current Chester County Tax Assessor's records.

c. Name and address of the professional engineer, surveyor, planner, landscape architect, or site designer responsible for preparing the plan.

d. Graphic scale (not greater than one inch equals 100 feet) and true North arrow. Precise scale and dimensions are not required at the time of sketch plan submission; however, the subject plan shall clearly be titled "Sketch Plan."

e. Approximate tract boundaries and tract size.

f. Location map at a scale of not less than 800 feet to the inch.

g. Applicable zoning district(s), including any overlays.

h. Locations and names of existing and proposed streets on, adjacent to, or within 100 feet of the subject tract.

i. A brief narrative description of the subdivision or land development proposal.

j. Topographic, physical, and cultural features identified within the environmental impact assessment (EIA) in § 406.1, where available. Where aerial photogrammetry or on-site topographic survey has not been completed at the time of sketch plan submission, USGS topographic information or data from the Chester County GIS Department may be utilized. Minor subdivision or land development applications use generalized information to identify relevant site features consistent with those required in the EIA.

k. Schematic layout indicating a general concept for development, including lot lines, if any, proposed locations of buildings and other major structures, parking areas, roads and other vehicular and pedestrian accessways, necessary utilities and proposed stormwater management locations, including any BMP if known, landscape, recreational improvements, and any other improvements; for major subdivision or land development applications.

§ 402 Required contents of preliminary plans.

A preliminary plan shall consist of and be prepared in accordance with the following minimum standards:

402.1 Drafting standards.

a. The plan shall be drawn on a scale equal to or larger than one inch equals 50 feet.

b. Dimensions shall be set in feet, bearing in degrees, minutes, and seconds, with errors of closure not to exceed one part per 10,000.

c. Each sheet shall be numbered and shall show its relationship to the total number of sheets.

d. The plan shall bear an adequate legend to indicate clearly which features are existing and which are proposed.

e. The original drawing, and all submitted prints thereof, shall be made on sheets no larger than 30 inches by 42 inches and no smaller than 22 inches by 34 inches.

f. If the preliminary plan requires more than one sheet, a master sheet at a scale not smaller than one inch equals 200 feet showing the location of each section shall accompany the plan.

g. If more than one scale is used in the plan, a key must be provided that indicates the difference in scale.

402.2 Required contents of preliminary plan, improvements construction plan and supplementary documentation.

a. A location map and North arrow for the purpose of locating the site to be subdivided or developed, at a scale of not less than 800 feet to the inch, showing the relation of the tract to adjoining property and to all roads and municipal boundaries existing within 1,000 feet of any part of the property proposed to be subdivided or developed.

b. A series of plan sheets prepared in accordance with the drafting standards set forth above, with accompanying narrative as needed, showing the following existing conditions:

(1) Proposed subdivision or land development name or other identifying title.

(2) Name, address and telephone number of the owner of record, equitable owner and the applicant.

(3) Name, address and telephone number of the registered engineer or surveyor responsible for the plan. If a registered engineer, architect or landscape architect collaborated in the preparation of the plan, his name and address and seal shall also appear. All plans showing the subdivision of land must be signed and sealed by a registered surveyor.

(4) Zoning information, including applicable district, lot size and yard requirements, proof of any variance which may have been granted, and any zoning boundaries that traverse or are within 100 feet of the tract.

(5) Conditions of approval from any conditional use, special exception, variance application or other form of zoning relief granted by the Township for all or part of the application property.

(6) All waivers or modifications being requested by the applicant, as well as all waivers or modifications granted to the applicant by the Township Board of Supervisors, shall be clearly stated on the first sheet of the preliminary plan submission and also filed simultaneously in letter form to the Township.

(7) Original date of preparation and revision dates, with concise descriptions of each revision.

(8) North arrow and scale, both written and graphic.

(9) Total lot or tract boundaries showing bearings and distances and along all existing rights-of-way within and adjacent to the tract, prepared by a registered professional land surveyor.

(10) Total area of the subject lot or tract to the nearest hundredth of an acre or square foot.

(11) The applicable area and bulk requirements of the underlying zoning district(s) shall be shown for the existing lot, parcel, or tract, including any applicable required setbacks from pipeline rights-of-way or other utilities.

(12) The parcel numbers and names of all current owners of all adjacent lands, the names of all proposed and existing subdivisions adjacent, and the locations and dimensions of any roads or right-of-way easements.

(13) The locations and dimensions of all existing roads, railroads, sewers and sewage systems, water mains and feeder lines, fire hydrants, gas, electric, and oil transmission lines, watercourses, sources of water supply, easements, historic resources, and other significant features within the property and within 100 feet of any part of the subject lot or tract.

(14) Topographic, physical, and natural features as required for submission of an EIA, prepared in accordance with § 406.

(15) Location and elevation of the datum to which contour elevations refer; datum used shall be a known established local benchmark. Assumed datum elevations will not be allowed.

(16) Any proposed improvements or land disturbances requiring a permit from the U.S. Army Corps of Engineers, the Pennsylvania Department of Environmental Protection, or the Chester County Conservation District shall be so indicated.

(17) Locations of all existing structures on the tract, and distance thereof from lot lines.

(18) A boundary survey and certification as to the accuracy of the survey shall be provided for all subdivisions and/or land developments.

(19) All notations on the plan must be readable. Illegible notations will be considered incomplete data on the plan.

c. A full plan of the proposed subdivision or land development, prepared in accordance with the drafting standards set forth above, including at a minimum:

(1) Location and width of all streets, alleys, and rights-of-way, with a statement of any conditions governing their use, including distance to the nearest intersection; proposed dedicated rights-of-way and reserved ultimate rights-of-way; street names; and state or municipal road numbers.

(2) Existing and proposed street and utility easement locations with approximate dimensions.

(3) All proposed lot lines with approximate dimensions and lot areas, both gross and net, indicating those limitations excluded in the lot area definition; impervious and vegetative coverage calculations.

(4) Building setback lines along each street, minimum side and rear yard limits in accord with the existing or proposed zoning district(s).

(5) A statement of the intended use of all lots and parcels.

(6) Lot numbers, and a statement of the total number of lots and parcels; addresses of each lot as provided by the Township.

(7) Locations of all stormwater management facilities, including but not limited to storm sewers, bioretention areas, and other drainage improvement measures. Specific design of such facilities shall be demonstrated in the required stormwater management plan.

(8) Locations of all existing and proposed sanitary sewers and any other sewage conveyance, treatment or disposal facilities.

(9) Locations of all existing and proposed water supply facilities.

(10) Location of existing and/or proposed sidewalks, paths and trails throughout the property and on neighboring property within 100 feet.

(11) Proposed parks, playgrounds, and other open space areas to be dedicated or reserved for public use, with any conditions governing such use, ownership and maintenance.

(12) The Pennsylvania One-Call number and a table showing all affected utilities, with a notation on the plan showing the ownership and/or beneficiary of the easement or right-of-way.

(13) Any underground tanks, including, but not limited to, storage tanks, chemical and petroleum tanks, empty tanks or any other form of underground structure comprised of a tank which is known to the applicant.

(14) A grading plan, showing existing and proposed contours, for all proposed improvements, including preliminary grades for all house-lot locations. The plan shall reflect proposed limits of clearing and grading and demonstrate compliance with the grading provisions of this ordinance, the erosion and sedimentation control provisions of § 510, and all other applicable ordinance provisions.

d. Improvement construction plan. An improvement construction plan shall be required to accompany preliminary and final plans whenever an improvement is to be constructed or installed.

(1) Scale. The improvement construction plan shall have the same scale as required for a preliminary and final plan.

(2) Data. The improvement construction plan shall contain sufficient information to provide working plans for the layout and construction of proposed streets, utilities, stormwater retention structures, and other improvements. Such a plan shall include, but not be limited to, the following:

(a) A horizontal plan showing layout of proposed improvements, including stations corresponding to those shown on the profiles, horizontal curves, location and size of inlets and manholes, horizontal location of proposed utilities, and existing contours.

(b) A profile plan indicating the final grades of streets and sewers and the extent of cut and fill operations.

[1] The profile plan shall show the vertical section of the existing grade and proposed grade along the center line and rights-of-way of the proposed street. Where storm drainage and/or sanitary sewer lines are to be installed, they shall also be indicated on the profile plan.

[2] The horizontal scale of the profile plan shall be not less than one inch equals 50 feet, and the vertical scale shall be not less than one inch equals five feet.

[3] A typical cross-section street construction shall be shown on the profile plan and shall indicate the following:

[a] Right-of-way width and the location and width of paving within the right-of-way.

[b] Type, thickness and crown of paving.

[c] The location, width, type, and thickness of curbs and sidewalks to be installed, if any.

[d] Typical location, size and depth of any underground utilities that are to be installed in the right-of-way, where such information is available.

[4] All storm sewer, sanitary sewer, public water, gas line, and other existing utility crossings shall be shown by profile.

e. The preliminary plan shall also be accompanied by the following supplementary documentation:

(1) A preliminary erosion and sedimentation control plan, prepared in accordance with § 510 of this ordinance.

(2) A preliminary stormwater management plan, prepared in accordance with the Township's Stormwater Management Ordinance of 2005 or successive ordinance, as amended.[1]

[1] Editor's Note: See Ch. 214, Stormwater Management.

(3) A preliminary landscape plan demonstrating compliance with the requirements of § 602.8 of this ordinance.

(4) Where applicable, an open space management plan prepared pursuant to § 409 herein and § 617 of the Uwchlan Township Zoning Ordinance.

(5) If the preliminary plan or land development application is filed in accordance with an existing conditional use, special exception, variance or other form of zoning relief, then the applicant's supplementary documentation shall include any order or approval for conditional use, special exception, zoning variance or other form of zoning relief, any conditions of approval, and all plans submitted and approved as part of the order or approval.

(6) Where applicable, an historic resource impact study prepared pursuant to § 405 herein.

(7) Where applicable, an environmental impact study prepared pursuant to § 406 herein.

(8) Where applicable, a traffic impact study prepared pursuant to § 407 herein.

§ 403 Required contents of final plans.

Final plans shall conform in all important details to approved preliminary plans where applicable, including any conditions of approval specified by the Board of Supervisors. A final plan shall consist of and be prepared in accordance with the following:

403.1 Drafting standards. Final plans shall conform to the drafting standards set forth in § 402.1.

403.2 Required contents of final plan, final improvement construction plan, supplementary documentation. Final plan submissions shall include all information and data set forth below, except that the Township may waive any specific submission requirement where deemed not relevant to the subject application upon the recommendation of the Township Engineer. Information and data already supplied at the time of preliminary plan submission, where applicable, and satisfactorily meeting all requirements for final plan submission need not be resubmitted except to the extent that additional copies are needed by the Township to facilitate review.

a. Final plan submissions shall include all information and data required under § 402.2, except that preliminary supplementary documentation required under §§ 402.2.e(1) through (8) need not be resubmitted and instead shall be supplanted by the required supplementary plans set forth in § 403.2.q below.

b. All final lot area calculations, density calculations, and lot line dimensions, including straight lot lines and chords and radii of curved lot lines, defined in feet and hundredths of a foot by distances, and in degrees, minutes and seconds either by magnetic bearings or by angles of deflection from other lot and road lines.

c. A statement of restrictions of any type which exist as covenants in the deed(s) for all lots contained wholly or partly in the subdivision and, if covenants are recorded, including the deed book and page number.

d. The specific proposed placement of each building and all water and sewer facilities.

e. The location of all existing and proposed monuments.

f. All easements or rights-of-way for any purpose, including written legal descriptions, and any limitations on such easements or rights-of-way. Easements or rights-of-way shall be specifically described on the plans. Easements should be located in cooperation with the appropriate public utilities, where applicable.

g. If the subdivision proposes a new street intersection with a state legislative route, the intersection permit number(s) shall be indicated for all such intersections.

h. A certification of ownership, acknowledgement of plan and offer of dedication shall be affixed on the plan and shall be duly acknowledged and signed by the owner(s) of the property and notarized.

i. All waivers being requested by the applicant, as well as all waivers granted to the applicant by the Board of Supervisors, any conditional use decision and order, variance or special exception, shall be clearly stated on the first sheet, or subsequent sheets to be recorded, of the final plan submission.

j. Certificate for approval of the plan by the Board of Supervisors and by the Township Planning Commission shall be presented, as well as any other certificates required by the Township.

k. The name (or number) and cartway width and lines of all existing public streets and the name and location of all other streets within the property, as applicable.

l. Any fees, whether required or agreed to by the developer, shall be clearly noted on the plan.

m. The following data for the center line of the cartway and both right-of-way lines of all recorded and proposed streets within and adjacent to the property:

(1) Courses and distances with length in feet and hundredths of a foot of all straight lines and of the radius and the arc (or chord) of all curved lines with delta angles including curved lot lines, and bearings in degrees, minutes and seconds for all straight lines, and chord distances and bearings.

(2) The width in feet of the cartway, right-of-way and of the ultimate right-of-way, and (in degrees, minutes and seconds) of the delta angle of all curved lines, including curved lot lines.

(3) A boundary survey and certification as to the accuracy of the survey shall be provided for all subdivisions and/or land developments.

n. Final improvement construction plan:

(1) Typical street cross-section drawing(s) for all proposed streets. Cross-section drawings may be shown either on the final plan or on the profile sheets.

(2) Profile sheets for all proposed streets within the tract. Such profiles shall show at least the following information, properly labeled:

(a) Existing (natural) profile along the cartway edges or along the center line of each street; all high and low points.

(b) Proposed finished grade (at fifty-foot stations) of the center line, or proposed finished grade at the top of both curbs, or proposed finished grade at both cartway (pavement) edges.

(c) The length of all vertical curves, including stations of beginning and ending points; all high and low points.

(d) Existing and proposed sanitary sewer mains and manholes.

(e) Existing and proposed storm sewer and drainage facilities with invert and surface elevations.

(f) The horizontal scale of the profile plan shall be not less than one inch equals 50 feet, and the vertical scale shall be not less than one inch equals five feet.

(3) Final designs of any bridges or culverts required.

o. All offers of dedication and covenants governing the reservation and maintenance of undedicated open space shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.

p. Such private deed restrictions, including building setback lines, as may be imposed upon the property as a condition to sale, together with a statement of any restrictions previously imposed which may affect the title to the land being developed.

q. The final plan shall be accompanied by the following supplementary documentation:

(1) A final erosion and sedimentation control plan, prepared in accordance with § 510 of this ordinance.

(2) A final stormwater management plan, including a stormwater control and BMP operations and maintenance plan, prepared in accordance with Ordinance 2005-02,[1] or successive ordinance.

[1] Editor's Note: See Ch. 214, Stormwater Management.

(3) A final landscape plan demonstrating compliance with the requirements of § 602.8 of this ordinance.

(4) A final open space management plan per § 409 herein and § 617 of the Uwchlan Township Zoning Ordinance, as amended.

§ 404 Impact studies and assessments.

A. The Township shall require any preliminary plan application for major subdivision or land development plan approval to be accompanied by submission of the following, as applicable, and may require submission of specific portions thereof with minor plan submissions, to the extent deemed applicable:

1. An historic resources impact study in accordance with § 405 herein and § 612.6 of the Uwchlan Township Zoning Ordinance.

2. An environmental impact study in accordance with § 406 herein.

3. A traffic impact assessment in accordance with § 407 herein.

4. An open space management plan in accordance with § 409 herein and § 617 of the Uwchlan Township Zoning Ordinance.

B. Each impact study or assessment shall be subject to review and approval by the Planning Commission and Board of Supervisors. In making its evaluation, the Planning Commission or Board may request any additional information as it deems necessary to adequately assess potential impacts. The Township may also contract with a qualified consultant to assist in evaluating the study or assessment. When contracted, the Township's consultant shall deliver to the Planning Commission and Board of Supervisors a written report on the adequacy of the study in identifying impacts, evaluating appropriate impact alternatives, and include an assessment of the applicant's proposed mitigations.

C. Any fees incurred by the Township for consultant review of any submitted impact study prepared in accordance with the provisions herein shall be billed to the applicant and deducted from the escrow deposit.

D. Following the report of the Township consultant(s) on any submission of any impact study or assessment, if requested, or prior to reaching a decision on the preliminary or final subdivision or land development application, the Planning Commission and Board of Supervisors shall either accept the findings and recommendations of the study or assessment, accept them with conditions, or reject them. The Board's decision on whether compliance has been achieved shall take into consideration the findings and recommendations of the Planning Commission and be made part of its decision on the subdivision or land development application.

§ 405 Historic resource impact study.

As required by the § 612.6 of the Uwchlan Township Zoning Ordinance, an historic resource impact study shall be required, at the discretion of the Board of Supervisors, when any of the following are proposed:

A. Subdivision or land development plans which include an on-site historic resource as identified on the Township Historic Resource Inventory.

B. Any construction, improvement, or land disturbance being undertaken in conjunction with subdivision or land development of land within 100 feet of the exterior walls of any Class 1 historic resource or on which historic resources are located, as identified on the Historic Resource Inventory.

C. General bridge or road construction, or substantial repair passing within 100 feet of the exterior walls of any Class 1 historic resource.

§ 406 Environmental impact study.

406.1 In order to more effectively evaluate subdivision and/or land development proposals, the applicant shall be required to disclose the environmental consequences or effects of such proposals through the submission of an environmental impact assessment (EIA) report at the time of submission and filing of a preliminary subdivision or land development application. The EIA report is intended to provide the Township with the information to objectively evaluate potential adverse impacts of a project and, most importantly, to require mitigation of adverse impacts. The EIA report shall be a means of ensuring that the overall objectives of the Zoning Ordinance are met and that existing features and conditions are not destroyed or degraded. The EIA report is also intended to better address the environmental protection objectives set forth in the Pennsylvania Municipalities Planning Code and Article I, Section 27, of the Constitution of the Commonwealth of Pennsylvania.

a. The EIA report shall contain text, tables, maps and analysis prepared by qualified individuals or firms, including land planners, architects and engineers, which document the probable impact resulting from the proposed subdivision and/or land development in accordance with the format and content outline specified in § 406.1.d through m below.

b. Two copies of the EIA report shall be submitted to the Township. The report shall list the individuals and firms, and their qualifications, responsible for preparation of the report.

c. The EIA report shall include both a narrative and map at the same scale as required for the preliminary plan for the information described in § 406.1.d through m below.

d. An identification of the physical resources associated with the natural environment of the tract, including such features as geology, topography, and soils, which may be combined on a single plan sheet or series of sheets.

(1) A plan depicting the geological characteristics of the tract. Such plan shall define the location and boundaries of the rock formations at or influencing the tract and features such as suitability for construction, faults and/or fractures.

(2) A plan depicting the topographical characteristics of the tract. Such plan shall contain contours with at least two-foot intervals and shall depict slopes ranging from: 0% to 15%, 15% to 25%, and greater than 25%.

(3) A plan depicting the soil characteristics of the tract. Such plan shall depict all soil types based on maps contained in the Soil Survey of Chester and Delaware Counties, Pennsylvania, U.S. Department of Agriculture, as last revised, and shall include a table identifying soil characteristics pertinent to the proposed subdivision and/or land development, such as depth of bedrock, depth of water table, alluvial soils, and hydric soils. Soil descriptions for all soil types shall be provided and may be in the form of plan notes.

e. A plan depicting the hydrological characteristics of the tract. Such plan shall depict the following:

(1) Streams, watercourses, lakes, ponds, and all natural drainage areas. Boundaries between drainage areas shall be indicated along with the names of any named stream to which drainage flows and all minor/major drainage basin(s).

(2) Watershed boundaries and applicable stream classifications (i.e., EV, HQ) per PA DEP Chapter 93, Water Quality Standards, latest version.

(3) Floodplain areas per § 510 of the Uwchlan Township Zoning Ordinance, as amended.

(4) Wetlands as defined by the Zoning Ordinance shall be indicated. Wetland boundaries within the tract shall be determined from on-site delineation in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual, as amended. All wetlands shall be classified as one of the following: exceptional value, important, or limited value. Wetlands delineation and classification shall be conducted by professional(s) acceptable to the Township and shall be plotted from actual field survey.

(a) If any wetland disturbance is proposed, a detailed wetland delineation report shall be provided.

(b) The wetland delineation must have been completed within one year of the submission of the preliminary plan and shall be deemed valid for five years from the date of submission.

(5) Riparian setback and buffer area, as defined by the Uwchlan Township Zoning Ordinance.

(6) Groundwater resources, such as aquifers, aquifer recharge areas and existing wells, within and directly adjacent to the proposed subdivision or land development.

f. The biological resources associated with the natural environment of the tract, including such features as vegetation, wildlife and Pennsylvania Natural Diversity Inventory (PNDI) sites/resources.

(1) A plan depicting the vegetation characteristics of the tract. Such plan shall depict the locations and boundaries of the woodlands, hedgerows and specimen trees as defined by § 204 of this ordinance, along with the tree protection zones required by § 512.1 of this ordinance, and shall note the species types of vegetation. In addition, all trees 15 inches in caliper or greater shall be accurately located on the map either as freestanding trees or as tree masses.

(2) In addition to depicting the vegetation characteristics of the tract, a woodland management plan in accordance with § 512.2 shall be provided as part of this submittal.

(3) A plan depicting characteristics associated with wildlife habitats and PNDI sites/resources per the Pennsylvania Natural Heritage Program (PNHP). Such plan may draw upon vegetation, hydrology and soil maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship of the overall habitat(s).

g. The visual resources and scenic roads associated with the tract, such as areas which have a particular amenity value and areas which offer interest in viewing the tract.

h. The land use conditions and characteristics associated with the tract, such as current and past use, land cover and encumbrances, and the relationship of these to adjacent tracts.

(1) A plan depicting the land cover characteristics of the tract. Such plan shall define existing features, including paved or other impervious surface, woodland areas, cultivated areas, pasture, old fields, lawns, landscaped areas, and existing structures, including an indication of their historical significance and the like.

(2) A plan depicting any encumbrances to the tract. Such plan shall define easements, rights-of-way, underground and aboveground utilities and other areas where certain use privileges exist.

(3) A plan depicting the land uses adjacent to the proposed tract. Such plan may be the same scale as the location map.

(4) A plan depicting all existing and proposed trails.

(5) Historic resources as defined by § 612.3 of the Uwchlan Township Zoning Ordinance.

(6) Except for a minor residential subdivision as defined by § 301.3 of this ordinance or a revision to existing lot lines, a report indicating the past or existing absence or presence of hazardous materials or hazardous waste. A Phase I environmental report, indicating no evidence of contamination or hazards, shall satisfy the requirements of this subsection. In the event the Phase I report indicates the necessity for further investigation and testing, or the potential presence of contamination or hazards, the applicant shall demonstrate that the property has been cleaned up and remediated in accordance with all applicable laws and regulations such that the property does not pose a risk to human health or the environment.

i. Photographs of the site, including views from all abutting public roads and an aerial photograph of the site, the most recent available from the Delaware Valley Regional Planning Commission or the Chester County GIS Department.

j. The Board of Supervisors may waive certain requirements of this section upon determining that the submission of information subject to any particular requirement is not relevant to the application or is duplicated by other materials.

k. In addition to the identification of the resources, alternatives and measures to mitigate the impact of prospective development upon the environmental resources of the Township shall be required.

l. Alternatives to the proposed subdivision and/or land development. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form. The applicant shall comment on how alternatives, such as revised location, redesign, layout or disposal and water supply, reduction in the size of proposed lots or structures or numbers of lots or structures and the like, would preclude, reduce or lessen potential adverse impact or produce beneficial effects.

m. Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards and those unique to a specific project, as follows:

(1) Mitigation measures which pertain to existing procedures and standards are those related to current requirements of federal, state, county, and/or Township agencies for remedial or protective action, such as sedimentation and erosion control, stormwater runoff control, water quality control, creation of compensatory wetlands, air quality control, and the like.

(2) Mitigation measures related to impacts which may be unique to a specific subdivision and/or land development are those related to efforts such as revegetation, screening, fencing, emission control, traffic control, noise control, environmental cleanup, reduction in lots, buildings or other structures, land acquisitions, and the like.

§ 407 Traffic impact study.

407.1 Applicability. Unless waived or modified by the Board of Supervisors, traffic impact studies shall be required for all preliminary plan applications for major subdivision or land development when any of the following uses are proposed or circumstances apply:

a. Residential development of five or more lots and/or units.

b. Nonresidential development of 5,000 square feet or more of gross floor area.

c. Any project which will affect roads as determined by the Township to have safety or design deficiency.

d. Any project which will be developed in phases with a cumulative effect of falling within the required categories outlined above.

e. No traffic impact study is required for those development projects that were the subject of a conditional use approval where a traffic analysis was submitted within two years before the date that a preliminary plan was filed, except upon request of the Township, when, in the opinion of the Township traffic consultant, traffic conditions have significantly changed to warrant a new study.

407.2 Purpose. The purpose of the study is to identify any traffic problems likely to result from the proposed development in relation to ingress/egress, road capacities, off-site traffic flow, public transportation, and pedestrian and other nonvehicular circulation.

407.3 Contents.

a. The contents of the study shall be such as to enable the Board of Supervisors to assess the likely impacts of the proposed development on the existing transportation network of the Township and surrounding areas.

b. The study shall be prepared in accordance with the Institute of Transportation Engineers' (ITE) recommended practice "Traffic Access and Impact Studies for Site Development," current edition, FHWA Manual on Uniform Traffic Control Devices, current edition, and PennDOT Publication 212 (Official Traffic Control Devices) and Publication 282 (Highway Occupancy Permit Guidelines), current editions.

c. The study shall include, but not necessarily be limited to, an analysis of expected traffic generation to, from, and upon surrounding roads within a radius of two miles from the proposed development site, particularly showing a.m. and p.m. peak hours of existing traffic flow during a normal business day, in comparison with that which is anticipated after the proposed development is fully completed and, if applicable, upon the completion of each stage. Estimated peak-hour trip generation shall be based on procedures established in the most-recent edition of the ITE Trip Generation Manual. Existing traffic flows shall be based on actual counts; if these cannot be obtained, an alternative source, subjected to review and approval by the Township traffic consultant, may be used.

d. The Township Engineer and/or Township traffic consultant shall review the methodology, assumptions, findings, and recommendations of the study and report his or her conclusions to the Planning Commission and to the Board of Supervisors.

e. The Board of Supervisors, upon recommendation from the Township Engineer and/or Township traffic consultant, may impose upon the applicant additional on-site improvements deemed necessary to accommodate impacts of the proposed development and require a fee as prescribed within the Uwchlan Township Transportation Impact Fee Ordinance, No. 92-7 and 2009-09, as amended, enacted pursuant to the MPC, for off-site public transportation capital improvements deemed necessary to accommodate impacts of the proposed development.

§ 408 Fiscal impact study.

408.1 With respect to any proposed development consisting of five residential dwelling units or lots or 5,000 square feet of gross floor area to be devoted to nonresidential uses, the preliminary plan submission shall be accompanied by a fiscal impact statement reporting the results of a study of the fiscal impact of the proposed development on the Township of Uwchlan performed by a qualified professional and projecting the primary costs that will be incurred by the Township and the immediate revenues that will be generated to the Township as a consequence of the proposed subdivision or land development. The fiscal impact study and analysis shall employ the per capita multiplier method in the case of proposed residential development and the case study method in the case of proposed nonresidential development, as described in the most-recent edition of the Practitioner's Guide to Fiscal Impact Analysis published by the Center for Urban Policy Research. Demographic information by housing type, average expenditures, including budgetary information and operating costs, and estimates of excess or deficient service capacity and expected local service responses, if available, for use in the fiscal impact analysis may be obtained from the Township staff. Any demonstrated adverse fiscal impact shall be borne by the developer in the form of some combination of contributions, payments in lieu of taxes, and/or the provision of off-site public improvements.

408.2 In lieu of the submission of a fiscal impact study as described in this section, a developer may submit a written undertaking, in a form satisfactory to the Township Solicitor, to make an unrestricted contribution to the Township at the time of application for building permits necessary to commence construction of the proposed development and in an amount promulgated from time to time by resolution of the Board.

408.3 The contributions and payments described in §§ 408.1 and 408.2 above shall be in addition to and shall not be offset by any voluntary contributions or donations of the developer; on-site public or quasi-public improvements, including without limitation open space lands and active or passive recreation facilities, utilities and utility easements, and public or private roads; or improvements, whether on- or off-site, necessary to implementation of the development proposal, including without limitation access highway improvements, including acceleration and deceleration lanes and traffic signals, access road widening, utilities and utility easements.

408.4 All unrestricted monies received by the Township pursuant to §§ 408.1 and 408.2 above shall be maintained in a separate interest-bearing account (or alternative investment instrument), shall be expended only for the purpose of ameliorating the identified adverse fiscal impact of the developments concerning which the funds have been contributed, and shall be the subject of an annual report to the Board of Supervisors by the Township Secretary or Manager demonstrating compliance with this subsection.

§ 409 Open space management plan.

As required by § 617 of the Uwchlan Township Zoning Ordinance, an open space management plan shall be prepared by the applicant detailing the long-term management of all open space areas.