A.
This section shall apply to the improvement of one lot or two or
more contiguous lots, tracts or parcels for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings, whether
proposed initially or cumulatively.
(2)
A single nonresidential building on a lot or lots, regardless of
the number of occupants or tenure.
(3)
A single multifamily residential building on a lot or lots.
(4)
Any change from one nonresidential use to another nonresidential
use or any nonresidential building alteration when either change or
alteration results in an increase in the total lot coverage by principal
structures and/or paving.
(5)
The division or allocation of land or space, whether initially or
cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
B.
This section shall not apply to the following:
A.
Preapplication conference. Prior to filing an application for preliminary
and final approval, the applicant may meet with the Zoning Officer
and the Township Engineer to obtain application forms and procedural
guidelines and to discuss application procedures and applicable ordinance
requirements. The Zoning Officer may invite other Township representatives
to attend, if warranted.
B.
Preapplication meeting.
(1)
In addition, prior to filing an application for preliminary and final
approval, the developer may appear before the Planning Commission
for a preapplication meeting to discuss the applicable regulations
governing the subdivision and/or development of the property and the
feasibility and timing of the application. The applicant shall contact
the Zoning Officer or his/her authorized designee at least 14 calendar
days prior to the regular meeting of the Planning Commission to request
a preapplication meeting with the Planning Commission.
(2)
The preapplication meeting is voluntary, and no formal application
or fee is required. This opportunity is afforded to the applicant
or his representative to obtain information and guidance before entering
into binding commitments or incurring substantial expenses for plan
preparation.
C.
Suggested information sources. While no formal application is required
for a preapplication meeting, the applicant should provide one copy
of readily available information with the request for a preapplication
meeting that shows the location of the property and any special features,
such as streams, floodplains or other conditions, that may affect
the development of the property. Readily available resources that
may be used include the deed for the property, a property survey,
the Tax Maps prepared by the Washington County Assessor's Office,
USGS Quadrangle Map showing natural features and topography, the National
Flood Insurance Administration (NFIA) Flood Hazard Boundary Maps,
Natural Resources Conservation Service maps of soil types and the
United States Bureau of Mines coal mine maps.
D.
Effect of preapplication meeting. A preapplication meeting shall
not constitute formal filing of an application for approval of a subdivision
or land development, shall not bind the Planning Commission to approve
any concept presented in the preapplication meeting and shall not
protect the application from any subsequent changes in ordinance provisions
which may affect the proposed development between the preapplication
meeting and the date of filing of an application for preliminary and
final approval of a subdivision or land development under the terms
of this chapter.
A.
Application submission.
(1)
At least 14 calendar days prior to the regular meeting of the Planning
Commission, the applicant shall file a minimum of 10 copies of an
application for preliminary and final approval of a land development
to the Zoning Officer or his/her authorized designee. If the 14th
day falls on a holiday, the application shall be filed by the close
of business on the immediately preceding working day. The Zoning Officer
or his/her authorized designee may require additional copies of the
application in the case where an application requires review by the
Township's traffic consultant, other professional consultants
or other applicable review agency.
(2)
The preliminary and final application shall not be considered to be complete and properly filed unless and until all items required by § 206-36 of this chapter, including the application filing fee and application review fee, have been received.
(3)
In the event that an application is not filed at least 14 calendar
days prior to the regular meeting of the Planning Commission, at the
applicant's request, the applicant shall be scheduled for a preapplication
conference with the Planning Commission at the next regular meeting
immediately following the filing and shall be scheduled for consideration
for approval at the next regular meeting of the Planning Commission
following the preapplication meeting.
B.
Referral of application for review.
(1)
Upon receipt, the application shall be stamped with the date of receipt
by the Zoning Officer or his/her authorized designee. Upon receipt,
copies of the application shall be distributed to the Township Engineer,
each member of the Planning Commission and the Chairman of the Board
of Supervisors.
(2)
It shall be the responsibility of the applicant to submit three copies
of the application to the Washington County Planning Commission for
review and comment at the time of submission to the Township. The
county review fee shall be paid by the applicant.
C.
Completeness review.
(1)
The Township Engineer will perform a completeness review. If the application is found to be incomplete, a written report shall be provided to the Planning Commission, with a copy to the applicant, indicating the deficiencies in the application and citing the specific items required by § 206-36 that have not been provided by the applicant.
(2)
If, after receiving the Township Engineer's completeness review,
the applicant fails to submit a revised application in adequate time
for the Township Engineer to review it, or the revised application
fails to adequately address the deficiencies cited in the completeness
review, the Planning Commission may table consideration of the application
until the next regular meeting of the Planning Commission. If necessary,
the Planning Commission may request that the applicant grant the Board
of Supervisors an extension, in writing, of the ninety-day period
to act on the application.
D.
Compliance review.
(1)
Once an application is determined to be complete, the Township Engineer and any other professional consultants that may be retained by the Township shall perform a compliance review, as defined herein, to determine whether the application meets all applicable requirements of this chapter and Chapter 245, Zoning, of the Code of the Township of South Strabane. Even though the Township Engineer's compliance review indicates that certain technical requirements of this chapter have not been met, the application shall be scheduled for consideration for approval by the Planning Commission at its next regularly scheduled meeting following submission of the application.
(2)
If the Township Engineer's compliance review indicates deficiencies,
the Planning Commission may table consideration of the application
until the next regular meeting of the Planning Commission or may act
to disapprove the application. If necessary, the Planning Commission
may request that the applicant grant the Board of Supervisors an extension,
in writing, of the ninety-day period to act on the application to
allow the applicant to address the deficiencies prior to consideration
for approval by the Board of Supervisors.
All applications for preliminary and final approval of a land
development shall include the following information:
A.
A minimum of 10 copies of the completed application form supplied
by the Township.
C.
A copy of the applicant's cover letter transmitting the application
to the Washington County Planning Commission for review.
D.
Evidence of proprietary interest acceptable to the Township Solicitor.
E.
Written evidence of compliance with all other Township, county, state
or federal permits required for the plan, if any.
F.
Evidence that the lot or lots on which the land development is proposed
are lots of record.
G.
If the lot or lots on which the land development is proposed is not a lot of record or is proposed to be resubdivided or consolidated, an application for preliminary and final approval of a minor subdivision required by § 206-13 of this chapter.
H.
If the proposed use is a conditional use or use by special exception,
an application for approval of the conditional use or use by special
exception shall accompany the application for approval of the land
development plan. Final approval of the land development plan shall
not be granted unless the conditional use or use by special exception
is approved prior to or concurrent with approval of the land development
plan.
I.
A minimum of 10 copies of a land development plan, as defined by
this chapter, drawn at a scale of not less than one inch equals 50
feet, drawn on sheets not exceeding 34 inches by 44 inches, which
includes the following information:
(1)
A boundary survey by a registered professional land surveyor of the
lot or lots of record on which the land development is proposed.
(2)
The proposed name of the land development.
(3)
The name, address, certification and seal of the registered surveyor
who prepared the survey and the name and address of the registered
engineer, architect or landscape architect who prepared the plan.
(4)
The name and address of the developer and, if the developer is not
the landowner, the name and address of the landowner.
(5)
A location map showing the plan name and location, major existing
thoroughfares related to the site, including the distance therefrom,
title, scale and North point.
(6)
The graphic scale, North point and date.
(7)
The legend and notes.
(8)
Dates of preparation and dates of all revisions to the plan.
(9)
Existing platting of land immediately adjacent to the site, including
names of adjoining landowners.
(10)
Existing watercourses, wetlands, tree masses, steep slopes,
areas subject to periodic flooding as identified on the current Official
Map for the Township issued by the Federal Insurance Administration
and other significant natural features.
(11)
Contours at intervals of elevation of not more than five feet
where the slope is greater than 10% and at intervals of not more than
two feet where the slope is 10% or less.
(12)
Final grading plan that demonstrates compliance with Chapter 109, Excavations, Filling and Grading, of the Code of the Township of South Strabane.
(13)
Existing easements, locations, widths and purposes.
(14)
Existing streets and other rights-of-way on or adjoining the
site, including dedicated widths, cartway widths, gradients, types
and widths of pavements, curbs, sidewalks and other pertinent data.
(15)
The zoning classification of the site. Tabulation of site data,
indicating zoning requirements applicable to the site and whether
the proposed development features comply.
(16)
The proposed use, location, area, height and bulk of all existing
and proposed structures and dimensions of all yards.
(17)
First floor elevations, floor plans and building elevation plans.
(18)
The number of dwelling units, if any, and the dwelling unit
density.
(19)
The design and layout of parking areas and a computation of
the number of parking spaces to be provided.
(20)
Patterns of pedestrian and vehicular circulation on the site,
ingress, egress and circulation into and out of the site, including
pavement markings and/or directional signs.
(21)
Location, size and specifications for private improvements,
such as curbs, sidewalks, driveways, parking areas, landscaping strips
or planters, wheelstops, stormwater management facilities and the
like.
(22)
Location and specifications for lighting of parking areas and
walkways.
(23)
The location and types of proposed landscaping materials.
(24)
The methods, placement and screening of solid waste disposal
and storage facilities.
(25)
If the plan is to be phased, the proposed sequence of development,
with a projected time schedule for completion of each phase.
J.
For any land development that proposes 75 or more additional trips during the adjacent roadway's peak hours, a traffic impact study that complies with the requirements of § 206-20.
K.
A copy of the Zoning Hearing Board's decision in the case where
zoning variances are required.
L.
A written statement requesting any modifications to this chapter in accordance with Article X, if applicable.
M.
A landscaping plan showing compliance with all applicable buffer area and landscaping requirements of Chapter 245, Zoning, of the Code of the Township of South Strabane.
O.
Final grading plan which demonstrates compliance with the Chapter 109, Excavations, Filling and Grading, of the Code of the Township of South Strabane.
P.
Where evidence exists of undermining, strip mining, landslide-prone
soils or other geologic hazards on the site, a geologic report by
a qualified soils engineer regarding soil and subsurface conditions
and the probable measures needed to be considered in the design of
the development, the location of structures and the design of foundations,
if any.
Q.
A copy of a report from the United States Natural Resources Conservation
Service concerning soil conditions and water resources and a wetlands
delineation report, if applicable.
R.
Final stormwater management calculations and construction drawings
showing compliance with the Township Stormwater Management Ordinance,
as now or hereafter enacted or amended.
S.
A soil erosion and sedimentation control plan, prepared by a person
trained and experienced in control methods and techniques, which conforms
to the requirements of the Pennsylvania Clean Streams Law[2] and Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection (PA DEP) governing erosion control and evidence of review and approval by the Washington County Conservation District, if required by law.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
T.
If applicable, a notation on the plat that access to a state highway
shall only be authorized by a highway occupancy permit issued by the
Pennsylvania Department of Transportation under Section 420 of the
State Highway Law (P.L. 1242, No. 428 of June 1, 1945).[3]
[3]
Editor's Note: See 36 P.S. § 670-101.
W.
Homeowner's association bylaws and management plan or condominium
declaration plan, if applicable.
X.
Evidence of cross-easements and maintenance agreements for shared
parking or shared driveways, if applicable.
A.
Applicability. Upon written request by the applicant, in reviewing an application for preliminary approval of a land development, as defined herein, the Planning Commission, in its sole discretion, may grant a modification to the procedural requirements of §§ 206-38 and 206-39 and may substitute this modified approval procedure in their place. The modified approval procedure may be authorized for land developments that do not warrant any conditions to be attached to the Planning Commission's recommendation for preliminary approval or for land developments that only warrant conditions that address drafting changes or other minor compliance issues raised in the Township Engineer's compliance review.
B.
Exclusions.
(1)
Any land development that involves one or more of the factors listed below shall be excluded from this modified approval procedure and shall be subject to all provisions specified in §§ 206-38 and 206-39 for preliminary and final approval and, more particularly, the requirement of § 206-39A that preliminary approval of a land development by the Board of Supervisors shall be a prerequisite for filing an application for final approval of a land development.
(2)
Applications for approval of a land development which are excluded
from the modified procedure outlined in this section include the following:
(a)
Any application that proposes one or more modifications to this
chapter.
(b)
Any application that requires one or more variances to the requirements of Chapter 245, Zoning, of the Code of the Township of South Strabane.
(c)
Any application that requires conditional use approval for any
aspect of the proposed development.
(d)
Any application that warrants conditions to be attached to preliminary approval, which conditions require revisions to the design of the circulation system or points of ingress or egress; changes to the layout of site improvements; changes to stormwater management design or calculations; permits, approvals, easements or agreements with third parties (other than those specified in the application requirements for preliminary and final approval in § 206-36); or any other issue raised in the Township Engineer's compliance review that the Planning Commission deems substantive.
C.
Modified approval procedure described. In authorizing the modified approval procedure, the Planning Commission automatically grants a waiver to the requirement of § 206-39 that requires the Board of Supervisors to grant preliminary approval to a land development as a prerequisite to filing an application for final approval. The modified approval procedure described herein modifies and replaces the two-step process outlined in §§ 206-38 and 206-39.
(1)
Planning Commission recommendation on application for preliminary approval. Once all of the requirements of § 206-36 for preliminary and final approval have been met, and the Planning Commission makes the written recommendation to the Board of Supervisors in accordance with § 206-38C, the Planning Commission may authorize submission of the final application in accordance with § 206-39 for those applications that meet the criteria of Subsection A of this section. As a condition of utilizing the modified approval procedure, the applicant shall grant the Board of Supervisors an extension, in writing, of the ninety-day period to act on the application for preliminary approval. The extension shall establish that the ninety-day period for the application for preliminary approval shall run concurrent with the ninety-day period to act on the application for final approval.
(2)
Planning Commission recommendation on application for final approval.
(a)
Once all of the requirements of § 206-36 for preliminary and final approval have been met, and the Planning Commission makes the written recommendation to the Board of Supervisors in accordance with § 206-39A, the Planning Commission shall forward the preliminary and final applications to the Board of Supervisors, along with the Planning Commission's letters of recommendation as required by § 206-38C and § 206-39A.
A.
Procedure for land developments which involve a subdivision, consolidation
or replatting.
(1)
Land developments which involve subdivision, replatting or consolidation of the lot or lots on which they are proposed shall be considered for preliminary approval concurrently with the application for preliminary and final approval of a minor subdivision required by § 206-13 of this chapter. The requirement to record a final plat shall apply only to the subdivision and not to the land development plan.
(2)
The land development plan shall be considered for preliminary approval
in accordance with the requirements of this section.
B.
Procedure for land developments on lots of record which do not involve
a subdivision or consolidation.
(1)
If a land development is proposed on a lot of record, as defined
by this chapter, and there are no changes in lot lines, easements
or rights-of-way shown on the lot of record, the requirements to prepare
and record a final plat shall not apply.
(2)
The land development plan shall be considered in accordance with
the requirements of this section.
C.
Planning Commission recommendation.
(1)
The Township Engineer shall present a written compliance review to the Planning Commission, with a copy to the applicant, which states whether an application complies with the requirements of this chapter and Chapter 245, Zoning, of the Code of the Township of South Strabane. The Township Engineer's compliance review shall be included in the minutes of the Planning Commission meeting.
(2)
At the first meeting of the Planning Commission after the date of
filing of an application for preliminary and final approval, the Planning
Commission shall begin its review. The Planning Commission may table
the application until any deficiencies identified by the Township
Engineer's compliance review have been addressed by the applicant.
If necessary, the Planning Commission may request that the applicant
grant the Board of Supervisors an extension, in writing, of the ninety-day
period to act on the application. If the applicant fails to grant
such an extension, the Planning Commission may recommend disapproval
of the application based on the deficiencies identified.
(3)
Within 60 days of the date of filing of the application for preliminary
and final approval, the Planning Commission shall make a written recommendation
to the Board of Supervisors for approval, approval with conditions
or disapproval of the application. The recommendation of the Planning
Commission shall provide reasons for the recommendation and, in the
case of a recommendation for disapproval, shall cite the specific
requirements of this chapter which have not been met.
D.
Board of Supervisors action.
(1)
The Township Engineer shall submit a written compliance review of
the application to the Board of Supervisors. The Township Engineer's
compliance review shall be made part of the record of the meeting
where the application is considered for approval.
(2)
The Board of Supervisors shall not act until the review has been
received from the Washington County Planning Commission or until 30
days have passed since the date that the application was submitted
to the county for review.
(3)
The Board of Supervisors shall either approve, approve with conditions
or disapprove the application for preliminary and final approval at
a public meeting. The recommendation of the Planning Commission and
the Planning Commission minutes shall be made a part of the record
at the meeting.
(4)
The Board of Supervisors shall render its decision on the application
for preliminary and final approval no later than 90 days following
the Planning Commission's regular meeting next following the
date that the application is filed, provided that should the next
regular meeting of the Planning Commission occur more than 30 days
following the filing of the application, the 90 days shall be measured
from the 30th day following the day the application had been filed.
E.
Notice to applicant. A letter indicating approval, approval with
conditions or disapproval shall be sent to the applicant by regular
mail within 15 days of the date of the Board of Supervisors decision.
If the application for preliminary and final approval is not approved,
the Board of Supervisors shall specify the defects found in the application
and cite the requirements of this chapter which have not been met.
F.
Conditional approval.
(1)
If the Board of Supervisors determines that certain conditions are warranted to be attached to approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Subsection E of this section.
(2)
If the applicant does not accept the conditions attached to the approval,
the applicant shall give written notice to the Township Manager or
his/her authorized designee within 30 days of the date of the meeting
of the Board of Supervisors at which approval is granted. If the applicant
fails to give written notice to the Township Manager or his/her authorized
designee regarding rejection of the conditions attached to approval
within the required 30 days, the conditions attached to preliminary
and final approval shall be presumed to be acceptable.
G.
Deemed approval. Failure of the Board of Supervisors to render a
decision and communicate it to the applicant within the time and in
the manner prescribed by this section shall be deemed an approval
of the application in the terms presented, unless the applicant has
agreed, in writing, to an extension of time or change in the prescribed
manner of presentation of communication shall have like effect.
After a preliminary application filed pursuant to §§ 206-36 and 206-38 has been approved by the Board of Supervisors, or when preparation of a final application is authorized by the Planning Commission prior to preliminary approval by the Board of Supervisors in accordance with § 206-37, the developer may proceed by filing an application for final approval of a land development.
A.
Planning Commission recommendation.
(1)
The Township Engineer shall present a written compliance review to the Planning Commission, with a copy to the applicant, which states whether the application complies with the requirements of this chapter and Chapter 245, Zoning, of the Code of the Township of South Strabane. The Township Engineer's compliance review shall be included in the minutes of the Planning Commission meeting.
(2)
At the first regular meeting of the Planning Commission after the
date of filing of a final application, the Planning Commission shall
begin its review. The Planning Commission may table the application
until any deficiencies identified by the Township Engineer's
compliance review have been addressed by the applicant. If necessary,
the Planning Commission may request that the applicant grant the Board
of Supervisors an extension, in writing, of the ninety-day period
to act on the application. If the applicant fails to grant such an
extension, the Planning Commission may recommend disapproval of the
application based on the deficiencies identified.
(3)
Within 60 days of the date of filing of the application for final
approval, the Planning Commission shall make a recommendation, in
writing, to the Board of Supervisors for approval or disapproval of
the final application. The recommendation of the Planning Commission
shall provide reasons for the recommendation and, in the case of a
recommendation for disapproval, shall cite the specific requirements
of this chapter which have not been met.
B.
Board of Supervisors action.
(1)
The Township Engineer shall present a written compliance review to
the Board of Supervisors. The Township Engineer's compliance
review shall be made part of the record of the meeting where the application
is considered for approval.
(2)
The Board of Supervisors shall not act until the review has been
received from the Washington County Planning Commission or until 30
days have passed since the date that the application was submitted
to the county for review.
(3)
The Board of Supervisors shall either approve, approve with conditions
or disapprove the final application at a public meeting. The Planning
Commission's recommendation and the Planning Commission minutes
shall be made a part of the record at that meeting.
(4)
The Board of Supervisors shall render its decision on the application
no later than 90 days following the Planning Commission's regular
meeting next following the date that the application is filed, provided
that should the next regular meeting of the Planning Commission occur
more than 30 days following the filing of the application, the 90
days shall be measured from the 30th day following the day the application
has been filed.
C.
Notice to applicant. A letter indicating approval, approval with
conditions or disapproval shall be sent to the applicant by regular
mail within 15 days of the date of the Board of Supervisors decision.
If the final application is not approved, the Board of Supervisors
shall specify the defects found in the final application and cite
the requirements of this chapter which have not been met.
D.
Conditional approval.
(1)
If the Board of Supervisors determines that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Subsection C of this section.
(2)
If the applicant does not accept the conditions attached to final
approval, the applicant shall give written notice to the Township
Manager or his/her authorized designee within 30 days of the date
of the meeting of the Board of Supervisors at which final approval
is granted. If the applicant fails to give written notice to the Township
Manager or his/her authorized designee regarding rejection of the
conditions attached to final approval within the required 30 days,
the conditions attached to final approval shall be presumed to be
acceptable.
E.
Deemed approval. Failure of the Board of Supervisors to render a
decision and communicate it to the applicant within the time and in
the manner prescribed by this section shall be deemed an approval
of the application in the terms as presented, unless the applicant
has agreed, in writing, to an extension of time or change in the prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change in manner of presentation
of communication shall have like effect.
F.
Phased approval.
(1)
In the case where development of a land development plan is projected
over a period of years, the Township authorizes submission of final
applications by sections or phases of development, subject to such
requirements or guarantees for public and/or private improvements
in future sections or phases of the development which are essential
for the protection of the public welfare and any existing or proposed
section or phase of the plan.
(2)
All sections or phases shall conform to the preliminary application as previously approved by the Township. Any phase that contains substantive changes in the buildings proposed, the dwelling unit density, ingress or egress, total lot coverage by buildings and/or paving or in the layout of principal structures or parking areas previously approved in the preliminary application shall require complete submission of the preliminary application in accordance with §§ 206-35 and 206-36 prior to considering any phase that contains substantive changes for final approval.
The Board of Supervisors shall furnish the developer with a resolution indicating final approval in accordance with § 206-27 of this chapter.
The Township may offer the mediation option as an aid in completing the proceedings authorized in this article in accordance with the requirements of § 206-32 of this chapter.
Where a land development plan proposes the installation of public improvements, posting the performance bond required by § 206-28 of this chapter shall be a condition of final approval.
Final approval of all land developments shall be subject to the execution of the development agreement required by § 206-29 of this chapter where public improvements are proposed in a land development plan or where, at the discretion of the Board of Supervisors, a development agreement is warranted to guarantee that the conditions attached to final approval are carried out.
