1.
In the case of a nonresidential plan which, by itself or in combination
with previous plans, involves less than 10,000 square feet of additional
impervious surface and less than 10,000 square feet of additional
building area, the following procedures shall apply:
A.
The preliminary plan submission procedures shall apply, except that the Community Development Department will not distribute the plans and other material to the Township Planning Commission if the submission is exempt from review by the Township Planning Commission as provided in Subsection 1B.
B.
The preliminary plan review procedures shall apply, except:
(1)
The Township Community Development Director, in consultation
with the Township Engineer and the Township Zoning Officer, may exempt
a plan from review by the Township Planning Commission if:
(a)
The plan complies with the standards contained in this Part
and other applicable ordinances/or parts deemed necessary by the Township
Engineer, Township Community Development Director, and Zoning Officer.
(b)
The plan does not propose a use requiring special exception
or conditional use approval.
(2)
If the Township Community Development Director exempts a plan
from review by the Township Planning Commission, then within 60 days
after submission of the plan, unless extended by the applicant, the
Township Engineer shall recommend in writing to the Board of Supervisors
that the final plan be approved or disapproved, together with the
documented findings upon which the recommendations are based, and
include any recommendations made by the Township Community Development
Director and the Township Zoning Officer.
E.
Where the subject property of an applicant is located within the
LI - Light Industrial Park, LI(1) - Limited Light Industrial, or the
GI - General Industrial Districts and the proposed building addition
or impervious surface addition is equal to or less than 10% of the
total building floor areas or existing impervious cover, respectively,
the Township Community Development Director may report to the Board
of Supervisors, and the Board of Supervisors may waive formal land
development review and permit an administrative review.
[1]
Editor's Note: This ordinance also repealed former Part 6,
Minor Subdivision, Minor Land Development and Lot Line Adjustment,
Assemblage or Adjoiner Transfer Submission Procedures and Requirements,
adopted by Ord. No. 01-11, 6/21/2001, as amended.
[Ord. No. 2021-14, 12/2/2021]
1.
Minor plans may be filed and processed only for lot line adjustments,
simple conveyances, minor subdivisions, mortgage subdivisions, or
minor land developments as characterized herein, in accordance with
the standards and requirements in this section.
2.
Standards for qualification as a minor plan submission.
A.
Lot Line Adjustment.
(1)
A proposal between two abutting, existing, legally approved,
and recorded lots.
(2)
A common lot line is proposed to be adjusted or eliminated in
terms of its location or configuration.
(3)
The land area of each lot may be different after adjustment,
but the total lot area of the two lots will be unchanged.
(4)
No alteration will occur to the perimeter boundary lines of
the two lots.
B.
Simple Conveyance.
(1)
A proposal between two abutting, existing, legally approved
and recorded lots.
(2)
A portion of one lot is being subdivided to be conveyed to the
owner of the abutting lot.
(3)
The land area of each lot will be different after conveyance,
but the total lot area of the two lots will be unchanged.
C.
Minor Subdivision.
(1)
A subdivision proposal which would divide one existing lot into
not greater than three lots, each of which will comply with the applicable
dimensional requirements of the zoning district in which the existing
lot is located.
(2)
The existing lot has sufficient frontage on an existing, improved
public street to satisfy the applicable Township requirements for
lot frontage and access to a public street for each proposed lot.
(3)
The existing lot has not been a part of an approved subdivision
proposal during the five years prior to the current application.
(4)
The subdivision will not require new road construction, road
improvements, or the extension of existing public utility lines.
(5)
The proposal will not involve significant stormwater and/or
erosion control issues, as determined by the Township Engineer.
(6)
Disqualification. The Township Community Development Department
may require a major plan submission in place of a minor plan when
conditions warrant it, at the advice of the Planning Commission or
Engineer.
D.
Mortgage Subdivision.
(1)
A subdivision established for the sole purpose of granting separate
and distinct mortgages on each parcel within a commonly managed and
maintained land development. The individual parcels created as a result
of the mortgage subdivision may not individually meet the required
yard setbacks, ground cover, limitations, or area requirements of
the zoning district in which the property is situated, provided that
the applicant documents to the satisfaction of the Township Staff
and Engineer the following:
(a)
The responsibility for the construction, control, and maintenance
of development shall be carried out by an entity irrespective of parcels
to be established through the mortgage subdivision.
(b)
Irrevocable cross easements shall be established in favor of
all parcels created through the mortgage subdivision within the land
development with respect to the use, control, and maintenance for
the facilities and areas to be used in common so that each parcel
becomes an integral of the land development.
(c)
Declaration that the interest of any mortgagee and that of any
transferee of the mortgage property, upon any default of the mortgage,
shall be subject to the obligations and responsibilities as to the
facilities and areas to be used in common and the requirements of
the cross easements so that such a mortgagee or transferee, in the
event of such default or transfer of title to the property, shall
be bound thereby.
E.
Minor Land Developments.
(1)
A land development proposal where it is found that the intended
development or modification of a site or use and occupancy of an existing
structure will create a minimal impact upon traffic, drainage, visual
image, landscaping, buffering, lighting or other elements described
within the purposes of the chapter.
(2)
Parking lot expansions.
(3)
Additions to existing nonresidential buildings, provided that
the addition is less than 2,500 gross square feet and involves no
more than a 25% increase in the size of the existing building.
(4)
The conversion of a residential dwelling that results in the
creation of no more than three new dwelling units.
(5)
The addition of tenants to an existing nonresidential building
with an expansion of less than 5% in total building floor area.
3.
Submission Requirements and Review Procedure.
A.
All minor plans shall be preliminary plans for the purposes of submission
for review and approval and shall comply with the requirements of
preliminary plan submission requirements and preliminary plan review
procedure.
B.
When a minor plan qualifies for approval, or for approval subject
to conditions, the minor plan may be granted concurrent preliminary
and final plan approvals, provided that the plan includes the final
plan certifications.
C.
A minor plan is not required to include an improvements construction
plan or a record plan.
D.
A minor plan which will require access to a state highway shall provide
the highway access statement on the plan.
[Ord. No. 2021-14, 12/2/2021]
1.
The Township may consider changes to plans that are submitted as
preliminary or final plans if they are resubmitted in the following
manner:
A.
Three copies of resubmitted plans shall be submitted to the Township
Community Development Department.
B.
The resubmission must be accompanied with a completed resubmission
application form.
C.
The applicant shall grant an extension of the ninety-day review time
as a condition of filing a resubmission that involves substantial
changes to the current plan if requested by the Township.
D.
All plans or other supporting studies or materials being replaced
by the resubmission shall be officially withdrawn from the filed application
by the applicant and will no longer be considered by the Township.
E.
Submission and resubmission fees are set forth within the Upper Macungie
Township Fee Schedule.
