Any proposal to develop land or to prepare land
for development other than the act of subdivision shall be subject
to the requirements of this section with the following exceptions:
A. Erection of a single- or two-family detached dwelling
on its own lot or accessory structures thereon.
B. Improvements to any building that do not increase
the area it occupies on the ground or the need for additional parking
spaces.
C. Expansion of a building to cover additional ground
area, provided the expansion is not more than 500 square feet and
is not closer than 100 feet to any property line abutting a residential
property or 50 feet to any other property line.
D. Expansion of existing buildings or construction of
new buildings for agricultural use (housing of livestock, shelter
for farm equipment, storage of silage, etc.) on a family-run farm
or agricultural operation.
E. Minor
land developments, as defined, in category MLD1 and MLD2 recommended
for approval following an administrative review.
[Added 2-28-2011 by Ord. No. 140]
[Amended 2-28-2011 by Ord. No. 140]
A. Applicability. For the purpose of this article, there are hereby
established three categories of minor land developments:
(1) Minor land developments proposed on undeveloped lots (MLD1);
(2) Minor land developments proposed on lots previously approved for
a land development and involving an addition or expansion to an existing
building to a maximum 100% of existing square footage (MLD2); and
(3) Minor land developments proposed on developed lots which have not
been previously approved for a land development involving an addition
or expansion to an existing building to a maximum 100% of existing
square footage (MLD3).
B. Review procedure. Adams Township recognizes that expediting the approval
of certain less intensive land developments which can reduce site
design and administrative costs, while still providing sustainable
development, is in the best interests of the Township. The following
administrative review procedure shall be applicable to minor land
developments in the MLD1 and MLD2 categories as described in this
section:
(1) Advisory meeting. The owner/applicant shall be prepared to discuss
the details of the proposed site development with Township staff and
consultants, including a description of existing covenants and deed
restrictions, land characteristics, community facilities and utilities,
commercially developed areas, abutting residential areas, abutting
industrial areas, proposed open space, proposed protective covenants,
utilities and street improvements.
(2) General information. Three copies of a concept plan with sufficient
detail to convey the key elements of the proposed minor land development
shall be submitted to the Township Code Enforcement Officer in order
to conduct an administrative review and to distribute the plan to
consultants for comment. The following general information shall be
submitted with MLD1 and MLD2 minor land development applications:
(a)
The boundaries of the property described by bearings and distances.
(b)
A location map shall show the relationship of the proposed development
to existing community facilities which support or serve it and shall
include the development name, location, existing facilities, including
stormwater management facilities, title, scale, North arrow and date.
(c)
The location of adjacent streets, indicating street curbs and
street width, as well as existing and/or proposed curb cuts entering
the property and streets or curb cuts directly across the street from
the property.
(d)
The location of existing structures to remain and proposed buildings
or additions, showing distances to property lines, height and use
of each building or addition.
(e)
The location and size of existing utility lines to remain and
proposed sewer and water lines, or location of proposed on-lot sewage
disposal system and well.
(f)
Arrangement of off-street parking on the property, indicating
number of spaces and location of access lanes, as well as truck loading
and unloading areas.
(g)
Proposed areas of grading and excavation on the site, indicating
steepness of slopes and means to collect and dispose of stormwater,
in accordance with the provisions of this section.
(h)
Proposed landscaping of the site, indicating also pedestrian
walks, retaining walls, fences and other features.
(i)
The location of the proposed development shall be shown on the
United States Geological Survey Map or a comparable substitute for
purposes of relating the development to the existing topography, slopes,
gradient and other physical features.
(j)
Land subject to hazards of life, health and safety shall not
be developed until such hazards have been removed. These hazards shall
be interpreted to mean land subject to flooding, slides due to excessive
slope, excavation or soil type, land of excessive or improper fill
material or land improperly drained.
C. Minor land developments categorized as MLD3 shall follow the review and approval process outlined in §
167-22 for major land development submittals.
D. Where the proposed minor land development application also involves
action on a subdivision, the Planning Commission shall make recommendations
to the Board of Supervisors in compliance with this Subdivision and
Land Development Chapter prior to an administrative review of the
minor land development application.
E. All required federal, state and Township permits and approvals shall
be acquired by the owner/applicant prior to the issuance of any zoning/building
permits.
F. The owner/applicant shall be apprised of the required method of payment
for costs associated with consultant review fees, technical reports,
inspections and related services. Owner/applicant shall be responsible
for all such costs.
[Added 6-29-2010 by Ord. No. 136]
A. Such dwelling shall be a mobile, modular or manufactured home and
may only be placed on a property with:
(1)
A minimum of two acres where the property is serviced by an
on-lot sewage system; or
(2)
A minimum of one acre where the property is serviced by a public
sanitary sewerage system.
B. The temporary second dwelling shall only be occupied by immediate
family of the family living in the existing dwelling. As utilized
herein, "immediate family" shall mean brother, sister, child, parent,
grandparent and their spouses, parents or children.
C. The property owner shall provide a plot plan, showing the existing
buildings, sewage system and proposed location of the temporary second
dwelling.
D. The temporary second dwelling unit shall not be permanently affixed
to the ground by means of a foundation or otherwise.
E. The Board of Supervisors shall determine that a hardship exists involving
the immediate family which cannot be resolved by housing provided
elsewhere.
F. If the Board determines that the requisite hardship exists and grants
permission, the grant of permission is for a maximum of 12 months.
If the applicant seeks to renew the grant of permission, the applicant
must renew the request before the expiration of the twelve-month period.
G. The applicant shall notify the Township within 48 hours after the
immediate family member no longer lives in the temporary second dwelling,
no longer requires personal or assisted care, or has passed away.
H. If the grant of permission expires or the applicant has notified the Township pursuant to Subsection
G, above, the temporary second dwelling:
(1)
May not be used for any other use or for any other party; and
(2)
Shall be removed within three months.
I. The temporary second dwelling may be attached to the same on-lot
sewage disposal system that serves the existing house if approved
by the Township Sewage Enforcement Officer.
As a condition of final approval, and consistent with the provisions of Article
III, the Board of Supervisors may require an improvement or performance bond to be purchased by the owner/applicant, or an escrow account to be opened, to the benefit of Adams Township, to cover on-site improvements. Such bond or account shall not exceed 110% of the value of the improvements to be guaranteed. Such improvements may include, but need not be limited to, construction and paving of driveways, parking areas and walkways, storm drainage collection, retention and disposal system and landscaping materials. The Township Engineer shall review cost estimates prepared by the registered professional engineer, or a professional surveyor of the owner/applicant shall determine the costs of the improvements to be covered, and shall inform the Board and owner/applicant. if the owner/applicant's engineer and the Township's Engineer cannot agree on the amount of the financial security, or if the Township's Engineer recommends to the Board of Supervisors that the Board refuse the developer's estimate, the Board and the owner/applicant shall agree to retain and share the expenses of a third registered professional engineer who shall recalculate the improvements costs and provide a final estimate presumed to be fair and reasonable. The bond or escrow account shall be released as provided for in Article
III.