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]
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.
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.
A.
The owner/applicant is urged to request the Planning
Commission to informally review a proposed plan relative to the requirements
of this section at a regular Planning Commission meeting. The owner/applicant
shall provide a sketch plan showing in preliminary form the information
required for the formal submission. Any statements made by the Commission
members during this preapplication meeting shall not be deemed to
be indicative of approval or disapproval of the plan as it will be
later presented. The owner/applicant shall inform the Zoning Officer
at least 10 days prior to the meeting, or as otherwise specified,
of his intent to present a sketch plan.
B.
For a formal application, the owner/applicant shall
provide at least three copies of the following drawings and data to
the Planning Commission, informing the Zoning Officer at least 28
days prior to a regular meeting date. The owner/applicant or his authorized
representative shall be in attendance to present the application.
(1)
Name and address of property owner, and owner/applicant
if different from owner; name, address, and seal of the registered
land surveyor who has prepared the property survey and seal of the
registered land surveyor or professional engineer who prepared the
plan; scale of the drawing, North arrow, date of drawing and location
map relating the site to nearby major roads and landmarks.
(2)
Boundaries of property, described by bearings and
distances.
(3)
Contours at a vertical interval of two feet for all
areas of the site.
(4)
Existing physical features on or adjacent to the site,
including, but not limited to, access or utility easements, watercourses,
drainage swales, culverts, storm drains, buildings, sewer and water
line, manholes and fire hydrants noted, street right-of-way lines,
edges of pavement and pavement width, location of vehicular entrances
across the street from the site, all public utilities proposed, steep
slopes, wooded and flood-prone areas of the site, any other significant
man-made or natural features and use of abutting properties surrounding
the site.
(5)
Proposed improvements to be installed on the site
or connecting to off-site services, including, but not limited to,
buildings with number of floors, dwelling units indicating number
of bedrooms in each and/or rentable commercial floor area, points
of access from adjacent road or roads, internal vehicular driveways,
parking areas with each parking space shown, walkways, if any, grading
and drainage revisions needed to accommodate the project, preliminary
landscaping plan and connection of development to off-site utility
lines or means to provide sewer and/or water service on the property.
(6)
Proposed total development of the property in preliminary
form showing phasing of development if the plan presented is for only
a part of the total land holding;
(7)
Design and location of facilities to collect, store and release stormwater in accordance with § 167-38 of this chapter.
(8)
Facilities to control erosion and collect sediment during construction in accordance with § 167-39 of this chapter.
(9)
A report, if required by the Township, prepared by
a traffic engineer or transportation planner demonstrating the traffic
impact of the proposed development on all intersections of the development
site, and a traffic impact mitigation plan, to address anticipated
decreases in the levels of service.
(10)
A highway occupancy permit application from
PaDOT if the site is to have access to a state highway.
(11)
Letters, or approved modules, verifying capacity
and access to public sewer and/or water systems, or certificate of
approval from Sewage Enforcement Officer if development is to be served
by on-lot sewage disposal.
(12)
Typical cross sections through access drives
and parking areas showing slopes and materials to be used and their
thicknesses; and through areas of significant grading, showing means
of draining the sloped surfaces.
(13)
Profiles along center lines of sanitary and
storm sewers or drainage swales, showing connection to off-site system,
and profile along center line of access drives showing elevation of
surface before and after installations of improvements.
(14)
A notarized letter addressed to the Board of
Supervisors indicating whether or not any toxic or hazardous chemical
or other substances regulated by the Pennsylvania Department of Environmental
Protection (PaDEP) will be used in connection with the operation of
the development and, if so, how such use will be controlled and waste
materials disposed of.
(15)
The Township Engineer shall review all data
for compliance with the standards of this section and shall report
his findings and recommendations to the Board of Supervisors within
30 days of receiving the material. The owner/applicant shall provide
the Engineer with all the above not later than 30 days after receiving
approval from the Planning Commission.
C.
The Planning Commission may recommend approval, disapproval
or approval with conditions to the Board of Supervisors after reviewing
the submitted drawings and data. The Board shall vote to approve or
disapprove the plan and may modify or accept any or all of any recommended
conditions, which shall be noted on the final approved plans. The
Board shall make its decision not more than 90 days after the regular
meeting date of the Planning Commission at which the application was
first formally reviewed. If the owner/applicant chooses not to accept
all the conditions attached to approval, he shall so inform the Township
Secretary and the application shall be considered as denied; otherwise
a final plan of proposed improvements, including additions or corrections
to address conditions imposed by the Planning Commission, shall be
submitted.
D.
If the owner/applicant withdraws his plan after having
submitted it and prior to any action from the Planning Commission,
the review period shall cease and shall start from day one when the
plan is resubmitted. If the Planning Commission requests additional
information from the owner/applicant that is not provided with the
application, the time period shall be held in abeyance until the information
is provided and then will commence at the beginning of the ninety-day
review period.
E.
Approval of a plan shall constitute an agreement between
the owner/applicant and the Township that the site will be developed
in accordance with the plan. Any subsequent deviations in the plan
shall require review and action by the Planning Commission. The owner/applicant
shall apply for a building permit within six months (180 days) after
receiving final plan approval.
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.
A.
Points of access into a land development shall be
located to provide maximum visibility for motorists entering and leaving
a site. Where possible, points of access shall be directly in line
with entrances to development or street intersections on the opposite
side of the road abutting the site.
B.
The Planning Commission may recommend the restriction
of movements at certain intersections in the interests of safety and
may recommend separate right and left turn lanes at exit points.
C.
A transitional grade not to exceed 2% shall be provided
on each access driveway, excluding private residential driveways,
between the abutting public road cartway and a line across the driveway
not less than 25 feet inside the property line.
A.
Where a proposed commercial, industrial or institutional
land development will abut residentially zoned property, landscaping
shall be installed in conformance with the provisions of the Adams
Township Zoning Ordinance.[1] All plant materials, once in place, shall be maintained
by the commercial, industrial or institutional property owner and
replaced if necessary.
B.
The Planning Commission may recommend and the Board
of Supervisors may require the owner/applicant to post a maintenance
bond or establish an escrow account to guarantee survival of all plant
materials for a period of not more than two years after the initial
planting. The Board may also require the owner/applicant to provide
a continuous maintenance program for feeding, spraying and pruning
of all plant materials on the site. The owner/applicant shall submit
an as-built landscaping plan whether a maintenance bond is posted
or not.
A.
The affixing of the signature of the Chairman of the Board of Supervisors and others as required by § 167-16 shall render the land development plan application ready for recording.
B.
Upon the approval a land development plan, the developer
shall, within 90 days of such final approval or 90 days after the
date of delivery of an approved land development plan signed by the
Township Board of Supervisors, following completion of conditions
imposed for such approval, whichever is later, record such land development
plan in the office of the Recorder of Deeds of Butler County. Whenever
such land development plan approval is required by the Township, the
Recorder of Deeds of Butler County shall not accept any land development
plan for recording unless such land development plan officially notes
the approval of the Board of Supervisors and review by the Butler
County Planning Commission.
