[Ord. 690, 9/10/2009]
1.
There are three stages in the procedure for approval of subdivision
and land development plans. These stages are required to enable the
Warminster Township Planning Commission and the Board of Supervisors
to have an adequate opportunity to review the submission, and to insure
that their formal recommendations are reflected in the final plan.
2.
The separate stages of approval require the submission of sketch,
preliminary, and final plans. These plans differ in their purpose
and required level of detail. The table below indicates the required
plans for the different types of submissions:
|
Type of Subdivision
| |||||
|---|---|---|---|---|---|
|
Plan Approval Stage
|
Lot Line Change
|
Minor Subdivision
|
Major Subdivision
|
Land Development
| |
|
Sketch
|
Suggested
|
Suggested
|
Suggested
|
Suggested
| |
|
Preliminary
|
Not required
|
Not required
|
Required
|
Required
| |
|
Final
|
Required
|
Required
|
Required
|
Required
| |
3.
The review process for all applications listed as “required” in § 22-301, Subsection 2, above shall be for no more than 90 days following the date of submission. The date of submission is the date of the regular meeting of the Township Planning Commission next following the date the submission is filed, provided that, should the said next regular meeting occur more than 30 days following the filing of the submission, the ninety-day period shall be measured from the 30th day following the day the submission is filed. The said ninety-day period may be extended upon the applicant's agreement to waive the ninety-day requirement. The presentation of a revised sketch, revised preliminary or revised final plan shall also be considered a separate submission.
[Amended by Ord. 737, 1/19/2017]
4.
The presentation of a preliminary plan and final plan shall each
be considered a separate submission and the maximum ninety-day review
period may be required for each such plan.
5.
Fees and escrow.
A.
The submission of any subdivision and land development plans are
subject to the Warminster Township Fee Schedule as modified from time
to time by resolution of the Board of Supervisors of Warminster Township
to be used for Township costs of review, legal costs, and engineering
costs related to the plans submitted. The amount of the refundable
escrow fee shall be paid at the time of submission of any plans and
may be used for the purposes defined in such resolution and the fee
schedule. The applicant is required to maintain the original escrow
deposit in the amount as indicated in the fee schedule. The Township
shall require the applicant to post additional escrow in the event
payments from such escrow reduce the amount below 20% of the original
escrow deposit. The additional escrow amount shall be paid within
10 days of the request by the Township. The applicant shall agree
at the time of the submission of the plans to the terms of this provision,
including the understanding that the further review and approval of
plans may be withheld pending the reimbursement of such escrow deposit
to the Township. The applicant shall further agree that any such delays
shall constitute an extension of time for the rendering of a decision
by the Board of Supervisors.
B.
The fee schedule adopted by resolution of the Board of Supervisors
shall apply to the processing of sketch plans, lot line change plans,
minor subdivision plans, major subdivision plans, land development
plans, and all other plans processed by the Township as indicated
in the fee schedule.
[Amended by Ord. 737, 1/19/2017]
C.
When a set of plans is presented to the Licenses and Inspections
Department pursuant to the procedures set forth within this chapter,
the applicant shall deposit with the Licenses and Inspections Director
a sum to cover the cost of processing the plan according to a schedule
as from time to time approved by resolution of the Board of Supervisors.
D.
If the escrow deposit is expended, the applicant shall make further
deposits upon notice from the Licenses and Inspections Department
in such a manner that the total deposit with the Township shall at
all times equal the initial amount as determined by the Licenses and
Inspections Department until approval of the plans and final acceptance
of construction by Warminster Township.
E.
Occupancy permits shall be withheld until all fees and costs have
been paid to the Township in connection with the processing of any
plans.
6.
The following shall not require land development approval, provided
that all the conditions for the uses or activities proposed have been
met as demonstrated by a written report submitted to the Township
Engineer and Township Zoning Officer complete with all relevant information:
A.
The conversion of an existing single-family detached dwelling or
single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
B.
The addition of an accessory building, including farm building, on
a lot or lots subordinate to an existing principal building; or
C.
The addition or conversion of buildings or rides within the confines
of an enterprise which would be considered an amusement park if the
applicants can show that sufficient parking is provided and if the
Board of Supervisors grants a waiver from the requirement of a land
development plan submission. For the purposes of this subsection,
an "amusement park" is defined as a tract or area used principally
as a location for permanent amusement structures or rides. This exclusion
shall not apply to newly acquired acreage by an amusement park until
initial plans for the expanded area have been approved by the proper
authorities.
D.
The addition of a nonresidential accessory building of 300 square feet or less in gross floor area to be used for storage or other purposes incidental and subordinate to the principal use and which does not increase the impervious surface on the lot may be approved without land development plans if the use proposed for the accessory building is permitted by Chapter 27, Zoning, and if the applicants can show that sufficient parking is provided and if the Board of Supervisors grants a waiver from the requirement of a land development plan submission.
[Amended by Ord. 737, 1/19/2017]
(1)
Submission of the application and checklist for waiver of land
development [Appendixes A and E] shall be required, along with a letter
requesting waiver of land development.
E.
An addition to an existing nonresidential building which addition is 500 square feet or less in gross floor area to be used for storage or other purposes incidental and subordinate to the principal use and which does not increase the impervious surface on the lot may be approved without land development plans if the use proposed for the accessory building is permitted by Chapter 27, Zoning, and if the applicants can show that sufficient parking is provided and if the Board of Supervisors grants a waiver from the requirement of a land development plan submission.
[Amended by Ord. 737, 1/19/2017]
[Ord. 690, 9/10/2009]
1.
The purpose of the sketch plan is to afford the applicant the opportunity
to consult early and informally with both the Warminster Township
and the Bucks County Planning Commissions before preparation of the
preliminary or final plan and formal application for approval.
2.
During the sketch plan procedure, the applicant can advantageously
make use of the services of both of the Planning Commissions to help
him analyze the problems of the development and plan more adequately
for its sound coordination with the community. The sketch plan procedure
also affords the Planning Commissions the opportunity to give informal
guidance to the applicant at a stage when potential points of difference
can be more easily resolved. It can also simplify official actions
and save unnecessary expense and delay.
3.
Sketch plans are suggested for all land developments and all other
subdivision plans.
[Ord. 690, 9/10/2009]
2.
Applicant submits 12 copies of the sketch plan and applications per
Appendixes A and B to the Zoning Officer and shall submit plans electronically
in a format required by the Township.
[Amended by Ord. 737, 1/19/2017]
4.
Zoning Officer shall immediately distribute copies of the sketch
plan and applications to:
A.
Township Manager: one copy.
B.
Township Engineer: two copies.
C.
Township Planning Commission: six copies.
D.
Township Zoning Officer: one copy.
E.
Township Fire Marshal: one copy.
F.
Township licenses and inspections files: one copy.
G.
Applicant shall be responsible to submit the sketch plan and application
to the Bucks County Planning Commission at the same time the sketch
plan is submitted to Warminster Township. (Applicant should contact
the Bucks County Planning Commission for their application and submission
requirements.)
5.
Bucks County Planning Commission reviews sketch plan and prepares
analysis for review by Warminster Township Planning Commission.
6.
Procedure at meetings.
A.
At first regular meeting held, following receipt of the complete
submission to the Zoning Officer, the Warminster Township Planning
Commission:
B.
The Warminster Township Planning Commission, the same evening, shall:
(1)
Evaluate applicant's submission, presentation, discussion
with applicant, and the County Planning Commission's report.
(2)
Determine whether the sketch plan meets the objectives and requirements
of this chapter and other ordinances.
(3)
Prepare a report on the project for transmittal to the applicant.
[Ord. 690, 9/10/2009]
The purpose of the preliminary plan is to require formal conditional
approval of plans in order to minimize changes and revisions before
final plans are submitted.
[Ord. 690, 9/10/2009]
1.
Preliminary plan shall be submitted conforming to the changes recommended
during the sketch plan procedure. The preliminary plan and all information
and procedures relating thereto shall, in all respects, be in compliance
with the provisions of these regulations.
2.
No preliminary plan shall be required in the case of a minor subdivision
or lot line change. Preliminary plans for major subdivisions and land
developments are required.
[Ord. 690, 9/10/2009]
2.
Applicant submits 19 paper and two digital copies of the preliminary
plan and applications to the Zoning Officer.
[Amended by Ord. 737, 1/19/2017; and by Ord. No. 761, 3/5/2020]
4.
Zoning Officer shall promptly distribute copies of the preliminary
plan and application to:
[Amended by Ord. 737, 1/19/2017]
A.
Township Manager: one copy.
B.
Township Engineer: one digital copy.
C.
Township Planning Commission: six copies.
D.
Township Board of Supervisors: five copies.
E.
Township Zoning Officer: one copy.
F.
Township Fire Marshal: one copy.
G.
Warminster Township Municipal Authority: two copies.
H.
Township licenses and inspections files: one digital copy.
I.
At the same time that the preliminary plan submission is made to
Warminster Township, the applicant shall also make submission to the
Bucks County Planning Commission. Applicant is advised to contact
the agency for their individual requirements with regard to plans,
application, fees, etc. Warminster Township shall be copied on all
correspondence to outside review agencies.
J.
At the same time that the preliminary plan submission is made to
Warminster Township, the applicant shall also make submission to the
Bucks County Conservation District. Applicant is advised to contact
the agency for their individual requirements with regard to plans,
applications, fees, etc. Warminster Township shall be copied on all
correspondence to outside review agencies.
K.
All subdivisions (both minor and major) and land developments shall
be required to submit the appropriate planning module for land development
to the Township at preliminary plan submission (final for minor subdivisions)
for review. The module will then be reviewed by all agencies with
jurisdiction, including but not limited to PADEP or the Bucks County
Department of Health, to verify the approvability of each lot for
permitting by the appropriate agency (PADEP or Bucks County Department
of Health). Review of the applicant's planning module for land
development must be received by the Township prior to plan approval.
5.
Bucks County Planning Commission reviews preliminary plan and prepares
analysis for review by Warminster Township Planning Commission.
6.
At a public meeting following submission of the completed preliminary
plans, the Warminster Township Planning Commission shall:
[Amended by Ord. 737, 1/19/2017]
A.
Evaluate applicant's submission, presentation, discussion with
applicant, the County Planning Commission's report, and the Township
Engineer's report.
B.
Determine whether the preliminary plan meets the objectives and requirements
of this chapter and other ordinances.
C.
Determine whether a master sketch plan should be required with the
final plans.
D.
Make recommendations and submit the recommendations to the Board
of Supervisors.
7.
The Board of Supervisors shall:
A.
Either approve, conditionally approve, or reject the submitted plans.
B.
When the application is approved or conditionally approved, either
require or do not require a master sketch plan be included with the
final plan submission. Master sketch plans may be required of any
subdivision or land development application, at the Township Board
of Supervisor's sole discretion, if, in the opinion of the Township
Board of Supervisors, such a plan is necessary when resulting lots
are large enough for resubdivision or if a portion of the tract not
subdivided could be further developed.
[Added by Ord. 737, 1/19/2017]
C.
Inform the applicant, in writing, either personally or by mail at
his last known address no later than 15 days following the decision.
When the application is rejected, the decision shall specify the defect
found on the application, describe the requirements that have not
been met, and in each case cite the specific provisions of the applicable
ordinance or statute which have not been satisfied.
8.
If the plans are approved or conditionally approved by the Board
of Supervisors, §§ 22-308 through 22-311 shall
be the next governing procedure.
[Ord. 690, 9/10/2009]
The purpose of the final plan is to require formal approval by the Board of Supervisors before plans for all subdivisions and land developments are recorded as required by § 22-106 of this chapter.
[Ord. 690, 9/10/2009]
Final plan shall be submitted conforming to the changes recommended
during the preliminary plan procedure. The final plan and all information
and procedures relating thereto shall in all respects be in compliance
with the provision of these regulations, except where variation therefrom
may be specifically approved, in writing, by the Board of Supervisors.
[Ord. 690, 9/10/2009]
If the final plan is submitted more than one year after receiving approval, conditional approval or disapproval of the preliminary plan, an additional review fee shall be paid in accordance with the fee schedule adopted by the Board of Supervisors as provided in § 22-301, Subsection 5, of this chapter. An escrow deposit may also be required if the total deposit with the Township is less than that required in accordance with the fee schedule adopted by the Board of Supervisors.
[Ord. 690, 9/10/2009]
2.
Applicant submits 19 paper and two digital copies of the final plan
and application within one year from the date of receiving conditional
approval of the preliminary plan from the Zoning Officer.
[Amended by Ord. 737, 1/19/2017; and by Ord. No. 761, 3/5/2020]
3.
Zoning Officer checks submission against check list for completeness
and:
4.
Zoning Officer shall promptly distribute copies of the final plan
and application to:
[Amended by Ord. 737, 1/19/2017]
A.
Township Manager: one copy.
B.
Township Engineer: one digital copy.
C.
Township Planning Commission: six copies.
D.
Township Board of Supervisors: five copies.
E.
Township Zoning Officer: one copy.
F.
Township Fire Marshal: one copy.
G.
Warminster Township Municipal Authority: two copies.
H.
Township licenses and inspections files: one digital copy.
I.
At the same time that the final plan submission is made to Warminster
Township, the applicant shall make a final submission to the Bucks
County Planning Commission. Applicant should contact this agency directly
to verify their requirements for final plan submission regarding plans,
applications, fees, etc. Warminster Township shall be copied on all
correspondence to outside review agencies.
J.
Final submission to the Bucks County Conservation District is the
responsibility of the applicant. The applicant is advised to contact
this agency directly to verify their requirements for final plan submission.
Warminster Township shall be copied on all correspondence to outside
review agencies.
5.
Bucks County Planning Commission reviews final plan and prepares
analysis for review by the Warminster Township Planning Commission.
6.
At a public meeting following submission of the complete final plans,
the Warminster Township Planning Commission shall:
[Amended by Ord. 737, 1/19/2017]
A.
Evaluate applicant's submission, presentation, discussion with
applicant, the County Planning Commission's report, and the Township
Engineer's report.
B.
Determine whether the final plan meets the objectives and requirements
of this chapter and other ordinances.
C.
Determine whether the master sketch plan meets the objectives and
requirements of this chapter and other ordinances.
D.
Make recommendations and submit the recommendations to the Board
of Supervisors.
7.
8.
The Board of Supervisors shall:
A.
Evaluate applicant's submission and presentation, if any, and
review all recommendations and reports.
[Amended by Ord. 737, 1/19/2017]
B.
Determine if the final plan meets the objectives and requirements
of this chapter, other ordinances, and the conditions attached to
the preliminary plan approval.
C.
Determine if the master plan meets the objectives and requirements
of this chapter and other ordinances.
[Added by Ord. 737, 1/19/2017]
D.
Either approve, conditionally approve, or reject the submitted final
plans.
[Amended by Ord. 737, 1/19/2017]
E.
Inform the applicant, in writing, of the decision, including required
changes and the reasons for the decision. The applicant shall be informed
of the decision at the time it is made, or within 15 days following
the decision. If the application is rejected, the decision shall specify
the defects found on the application, describe the requirements that
have not been met, and in each case cite the specific provisions of
the applicable statutes or ordinances which have not been satisfied.
9.
If approved:
A.
The Board of Supervisors shall adopt a resolution approving the final
plan.
C.
Four exact copies of the approved final plan on Mylar and three exact
copies of the approved final plan on paper shall be submitted to the
Board of Supervisors. Along with the hard copies, one electronic copy
of all plans, in DWG vector format, and one digital copy of the entire
submission (application, plans, reports, etc.) in PDF format on ISO
9660 or Joliet formatted CD-R, shall be submitted to the Board of
Supervisors on CD ROM or other acceptable electronic media.
[Amended by Ord. 737, 1/19/2017]
D.
The applicant shall agree that the approval shall not be final and
that building permits shall not be approved pending completion of
the guarantees and contract documents as further required in this
chapter.
E.
Approval shall not apply to the master sketch plan.
[Added by Ord. 737, 1/19/2017]
[Ord. 690, 9/10/2009; as amended by Ord. 737, 1/19/2017]
In any case where the Warminster Township Planning Commission
disapproves a preliminary plan or the Board of Supervisors disapproves
a final plan, an applicant or any person aggrieved thereby, may within
30 days:
A.
Appeal to the Zoning Hearing Board in cases where such Board has
jurisdiction over a zoning matter involving the same development.
In any such case, the Zoning Hearing Board shall have no power to
pass upon non-zoning issues, but shall take evidence and make a record
thereon relative to such non-zoning issues. Such evidence shall be
kept part of the record if there is an appeal to the Court of Common
Pleas of Bucks County.
B.
Appeal to the Court of Common Pleas of Bucks County, which court
shall hear the matter, and enter a decree either affirming, reversing,
or modifying the action of the Board of Supervisors, as may appear
just under the circumstances. The Court shall designate the manner
in which notices of the hearing of any such appeal shall be given
to all interested parties.
[Ord. 690, 9/10/2009]
The purpose of a lot line change is to provide an expeditious
means of subdivision approval for the adjustment or relocation of
existing boundary lines between lots or the shifting of boundary lines
to increase the area of an existing lot; provided, however, that the
lot line change results in the same number or fewer lots as existed
prior to the lot line change.
[Ord. 690, 9/10/2009]
2.
Applicant submits 17 copies of the lot line change plan and application
to the Zoning Officer.
3.
Copies of the lot line change plan and all required supplemental
data initially shall be submitted to the Zoning Officer together with
the required fees and escrow deposit established in accordance with
the current fee schedule adopted by the Board of Supervisors. The
Zoning Officer shall note the date of the receipt of the application,
fees and escrow deposit. The application shall not be deemed to be
submitted until a complete application and required fees have been
submitted.
4.
Upon submission of a complete application together with all required
fees and escrow deposits, the Zoning Officer shall accept the application,
plans and other required materials as filed and shall immediately
distribute copies of the lot line change/final plan and application
to:
A.
Township Manager: one copy.
B.
Township Engineer: two copies.
C.
Township Planning Commission: six copies.
D.
Township Board of Supervisors: five copies.
E.
Zoning Officer: one copy.
F.
Township Fire Marshal: one copy.
G.
Township licenses and inspections files: one copy.
H.
At the same time that the lot line change/final plan submission is
made to Warminster Township, the applicant shall make the required
submission to the Bucks County Planning Commission. Applicant should
contact this agency directly to verify their requirements for submission.
Warminster Township shall be copied on all correspondence to outside
review agencies.
I.
If the lot line change/final plan includes grading or other earth
disturbances, the applicant shall, at the same time the submission
is made to Warminster Township, make submission to the Bucks County
Conservation District. Applicant is advised to contact the agency
for their individual requirements with regard to plans, applications,
fees, etc. Warminster Township shall be copied on all correspondence
to outside review agencies.
5.
Following receipt of the complete submission, the Warminster Township
Planning Commission shall review and forward its recommendation on
the proposed lot line change to the Board of Supervisors.[2]
[2]
Editor's Note: Original § 315, Lot line change plan
requirements, and § 316, Record plan requirements, which
previously followed this section, were repealed by Ord. 737, 1/19/2017.
[Ord. 690, 9/10/2009; as amended by Ord. 737, 1/19/2017]
The action of the Board of Supervisors or of the court on appeal
in approving any subdivision or land development plan approved duplicate
copy of such plan shall, within 90 days of the date of approval, be
recorded by the owner or the Board of Supervisors in the Office of
the Recorder of Deeds of Bucks County. The applicant shall notify
the Board of Supervisors, in writing, of the date of such recording
and the plan book and page wherein such subdivision or land development
plan is recorded. If the plan is not recorded within the ninety-day
period, the approval shall lapse and become void. The Board of Supervisors
may extend the ninety-day period upon written request by the applicant.
The applicant shall return to the Township one paper, one Mylar, one
digital copy of all plans in PDF format on ISO 9660 or Joliet formatted
CD-R, and one electronic copy of all plans on CD ROM media in PC language,
DWG vector format of the recorded plan, along with the receipt or
certification that recording is complete.
[Ord. 690, 9/10/2009]
1.
After a subdivision or land development plan has been duly recorded,
the streets, parks, and other public improvements shown thereon shall
be considered to be part of the Official Map of the Township.
2.
Streets, parks, and other public improvements shown on a subdivision
or land development plan to be recorded may be offered for dedication
to the Township by formal notation thereof on the plan, or the owner
may note on the plan that such improvements have not been offered
for dedication to the Township.
3.
Every street, park, or other improvement shown on a subdivision or
land development plan that is recorded, as provided herein, shall
be deemed to be a private street, park, or improvement until such
time as the same has been offered for dedication to the Township and
accepted, by resolution, and recorded in the Office of the Clerk of
the Court of Quarter Sessions of Bucks County, or until it has been
condemned for use as a public street, park, or other improvement.
[Ord. 690, 9/10/2009]
1.
The applicant shall notify the Township, in writing by certified
mail, when all required improvements, desired to be accepted by the
Township, have been constructed and installed in accordance with the
Township specifications.
[Amended by Ord. 737, 1/19/2017]
2.
The Township shall, within 10 days after receipt of such notice,
notify the Township Engineer of the completion of the required improvements.
3.
The Township Engineer shall, within 30 days after receipt of such
notice from the Township:
4.
The applicant, upon notification from the Township Engineer, shall:
A.
Proceed, at his/her own cost, to make such corrections as shall be
required to comply with the Township specifications and approved final
plans.
B.
Notify in writing by certified mail the Township Engineer and Board
of Supervisors upon completion, requesting final inspection.
[Amended by Ord. 737, 1/19/2017]
C.
In the event that any improvements which may be required have not
been installed as provided in this chapter or in accord with the approved
final plan, the Board of Supervisors of the Township is hereby granted
the power to enforce any corporate bond or other security by appropriate
legal and equitable remedies. If the proceeds of such bond or other
security are insufficient to pay the costs of installing or making
repairs or corrections to all the improvements covered by said security,
the Board of Supervisors of the Township may at its option install
part of such improvements in all or in part of the subdivision or
land development and may institute appropriate legal or equitable
action to recover the monies necessary to complete the remainder of
the improvements. All the proceeds whether resulting from security
or from any legal or equitable action brought against the developer,
or both, shall be solely for the installation of the improvements
covered by such security, and not for any other municipal purpose.
[Ord. 690, 9/10/2009]
1.
The Township Engineer shall make a final inspection with the applicant
of all required improvements.
2.
The Applicant shall submit as-built (as-constructed) plans to Warminster
Township and the Township Engineer for review. As-built plans include,
but are not limited to:
A.
Street right-of-way and utility as-built plan requirements: provide
one copy to Warminster Township, two copies to the Township Engineer
in hard copy form, one digital copy of all plans in PDF format on
ISO 9660 or Joliet formatted CD-R, and one electronic copy of all
plans on CD ROM media in PC language DWG format to the Township Engineer.
[Amended by Ord. 737, 1/19/2017]
B.
Lighting as-built plan requirements: provide one copy to Warminster
Township, two copies to the Township Engineer in hard copy form, one
digital copy of all plans in PDF format on ISO 9660 or Joliet formatted
CD-R, and one electronic copy of all plans on CD ROM media in PC language
DWG format to the Township Engineer.
[Amended by Ord. 737, 1/19/2017]
C.
Monumentation certification requirements: provide one copy to Warminster
Township, two copies to the Township Engineer in hard copy form.
3.
All as-built plans shall be prepared, signed, and sealed by a professional
surveyor registered in the Commonwealth of Pennsylvania.
4.
The required concrete monuments and pins for the rights-of-way, easements,
open space areas, and individual lots shall be installed after all
site construction and lot improvements are completed. Once installed,
a separate as-built plan shall be submitted documenting all monumentation
for the project.
5.
The applicant shall submit three copies of an as-built lighting plan
to verify existing light intensities and uniformity are in accordance
with the approved final plans.
[Ord. 690, 9/10/2009]
1.
The Board of Supervisors shall notify the applicant of acceptance
of the required improvements if satisfied that the applicant has complied
with all specifications and ordinances of the Township.
2.
The applicant shall:
A.
Furnish the Township with four paper prints, two digital copies of
all plans in PDF format on ISO 9660 or Joliet formatted CD-R, and
one electronic copy of all plans, in DWG vector format, on CD ROM
or other acceptable electronic media of the completed required improvements
including drainage, profiles, and utilities.
[Amended by Ord. 737, 1/19/2017]
B.
Pay all costs for the preparation and recording of the petition and
resolution of the Board of Supervisors and the deed of dedication
of such improvements for the Clerk of the Court of Common Pleas of
Bucks County and the Office of the Recorder Deeds of Bucks County
for its approval of the acceptance of the required improvements.
