All proposed subdivisions or land developments shall be coordinated
and planned so as to be compatible with adjoining or nearby neighborhoods
or approved subdivisions or land developments to the end that harmonious
development will result. Such coordination shall also pertain to subdivisions
or land developments located adjacent to neighboring municipalities.
Upon the recording of an approved subdivision and/or land development plan, the streets, parks and other public improvements shown thereon shall be and become a part of the Official Map of the Township, subject, however, to the provisions of § 123-47.
All work and materials shall be subject to inspection for conformity
with the terms of this chapter by the Township Engineer.
A.
When any work or materials are determined by the Township Engineer
not to be in compliance with the terms of this chapter or any other
Township ordinance, code, regulation, plan or map, or at variance
with any permit issued therefor, the Township Engineer may, by notice
in writing or verbal order followed by notice in writing, direct that
all work upon improvements in the subdivision or land development
forthwith stop until such noncompliance or variance is corrected;
except as the Township Engineer may deem necessary to prevent injury
or damage to persons or property, no work shall thereafter be performed
upon the same except in accordance with the order of the Township
Engineer.
B.
No underground pipes, works, lines, structures, subgrades or base
courses shall be covered until the same shall be inspected and approved
by the Township Engineer, and, if the same have been covered contrary
to the provisions hereof, upon the order of the Township Engineer,
the landowner or developer shall cause the same to be forthwith uncovered
so as to permit the inspection thereof.
C.
When an inspection of any improvements shall be required or desired
by the landowner or developer, the landowner or developer shall give
the Township Engineer 48 hours' notice in advance.
When a subdivision or land development plan has been approved
and recorded in accordance with the provisions of this chapter, and
the improvements thereon completed and approved by the Board of Commissioners,
or in lieu thereof, an improvement bond or other security has been
furnished the Township, the purchasers and mortgagees of lots in the
subdivision or land development shall be relieved of any and all liability
for any deficiency in, lack of or failure to complete or properly
complete the said improvements shall not encumber any lot or lots
in the said subdivision or land development.
Before acting upon any subdivision and/or land development plan,
the Board of Commissioners may conduct a public hearing thereon, pursuant
to public notice.
The landowner and/or developer shall notify in writing all builders
and/or contractors that they shall perform all work in accordance
with the regulations and requirements of this chapter, and such other
Township ordinances, codes, regulations, plans and maps as shall be
applicable thereto. Such notification shall be submitted to the Township
prior to construction and placed on file.
The Township Planning Commission may recommend to the Board
of Commissioners that the plan requirements for a subdivision and/or
land development be modified or altered in order to encourage or promote
economy and ingenuity in the layout and design of subdivisions and
land development; to more effectively protect unique and/or sensitive
natural areas or to more effectively conform to the purposes of this
chapter, as follows:
A.
With respect to encouraging or promoting economy and ingenuity in
the layout and design of subdivisions and land developments, the Township
Planning Commission may recommend modifications to plan requirements
for, but not limited to, the following types of proposals:
B.
With respect to more effectively protecting various sensitive natural
areas, the Township Planning Commission may recommend modifications
to plan requirements for, but not limited to, the following types
of proposals:
(1)
Those which would more effectively protect existing tree growth,
especially notable trees and tree masses with indigenous vegetation.
(2)
Those which would minimize extensive grading and the displacement
of soil.
(3)
Those which would minimize surface water runoff and improve the management
of stormwater.
(4)
Those which would preserve historic or cultural sites or structures.
(5)
Those which would minimize visibility of development and protect
the visual quality of ridges and other exposed areas.
C.
In granting modifications to the landowner or developer, the Board
of Commissioners may impose such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
D.
In addition to the foregoing, one or more provisions of this chapter
may be modified by the Board of Commissioners, upon recommendation
of the Planning Commission, if the literal enforcement of the provisions
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed.
[Amended 9-12-1989 by Ord. No. 1211]
(1)
All requests for a modification shall be in writing and shall accompany
and be a part of the preliminary or final plan application for subdivision
and/or land development. The request shall state in full the grounds
and facts of unreasonableness or hardship on which the request is
based, the provision or provisions of this chapter involved and the
minimum modification necessary.
(2)
The Planning Commission shall keep a written record of all action
on all requests for modifications.
(3)
The Board of Commissioners may authorize a waiver of these regulations.
In granting any modification, the Board of Commissioners shall prescribe
any conditions that it deems necessary to or desirable for the public
interest. In making its findings, the Board of Commissioners shall
take into account the nature of the proposed use of land and the existing
use of land in the vicinity and the probable effect of the proposed
subdivision upon traffic conditions, fire, police protection and other
utilities and services in the vicinity. No modification shall be granted
unless the Commissioners find that:
(a)
There are special circumstances or conditions affecting said
property such that the strict application of the provisions of this
chapter would deprive the applicant of the reasonable use of this
land.
(b)
The modification is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
(c)
The granting of the modification will not be detrimental to
the public welfare or injurious to other property in the area in which
said property is situated.
A.
In order to more effectively evaluate subdivision and/or land development
proposals, the applicant shall be required to disclose the environmental
consequences or effects of such proposals through the submission of
an environmental impact assessment (EIA) report.
(1)
An EIA report shall be submitted for the following:
(a)
Any application for tentative and final plan approval for a
planned residential development.
(b)
Any preliminary plan for proposed development governed by the
conditional use provisions of this chapter.
(c)
Any proposed development in the SU, SC or F Districts which
the Board of Commissioners envisions to have a significant potential
impact on the community.
(2)
An updated EIA report shall accompany and form a part of the final
plan for any of the above.
B.
The EIA report shall disclose the environmental consequences or effects
of proposed projects and the actions proposed to avoid, remedy and/or
mitigate adverse impacts. The EIA report shall contain text, maps
and analyses in accordance with the outline below.
C.
Seventeen copies of the EIA report shall be submitted. Within the
EIA report, specific emphasis shall be directed toward the proposed
project's effects on and relationship to applicable site, neighborhood,
including areas in adjacent Townships where applicable, and Township-wide
resources, conditions or characteristics. The EIA report shall include
text, tables, maps and analyses for the purpose of describing the
project site, proposed use(s), environmental characteristics and the
environmental effects of the proposal as follows:
(1)
An identification of the site location and area through the use of
a location map drawn at a scale of not more than 2,000 feet to the
inch. The location map shall depict all streets, adjoining properties,
zoning district boundaries and municipal boundaries within 500 feet
of any part of the tract. In the case of development of a section
of the entire tract, the location map shall also show the relationship
of the section to the entire tract.
(2)
An identification of the site character and appearance through the
presentation of black and white photographs or copies thereof. Such
photographs shall provide a representation of what the site looks
like from the ground. Photographs should be properly identified or
captioned and shall be keyed to a map of the site.
(3)
An identification of the nature of the proposals through the presentation
of the following:
(a)
A site development plan, including notes pertaining to the number
and type of lots or units, the square footage and/or acreage of the
tract, and a depiction of the features which are proposed, such as
streets, driveways, parking areas, buildings and other structures,
and all impervious surfaces. The plan shall be drawn at a scale of
not more than 100 feet to the inch and may be submitted as an attachment
to the report. The plan shall reflect all the information required
under the plan requirements of this chapter.
(b)
Floor plans and elevations depicting the proposed size, square
footage and height of buildings and/or other structures.
(c)
A statement indicating the existing and proposed ownership of
the tract and where applicable, the type of ownership, operation and
maintenance proposed for areas devoted to open space or otherwise
not under the control of a single lot owner.
(d)
A statement indicating the proposed staging or phasing of the
project and a map depicting the boundaries of each stage or phase
of the project. Such boundaries shall be superimposed on a version
of the site development plan.
(4)
An identification of physical resources, associated with the natural
environment of the tract, including such features as geology, topography,
soils, hydrology and the like. The identification of physical resources
shall include a narrative description of the resources mentioned above.
In addition, these resources shall be mapped at a scale of not more
than 100 feet to the inch as specified below and may be either incorporated
into the EIA report or submitted as attachments to the report.
(a)
A map depicting the geological characteristics of the tract.
Such map shall define the location and boundaries of the rock formations
at or influencing the tract and features such as faults and/or fractures.
(b)
A map depicting the topographical characteristics of the tract.
Such map shall contain contours with at least two-foot intervals and
shall depict slopes ranging from: 0% to 15% to 25%, and greater than
25%.
(c)
A map depicting the soil characteristics of the tract. Such
map shall depict all soil types and shall include a table identifying
soil characteristics pertinent to the proposed subdivision and/or
land development such as depth of bedrock, depth of water table and
flood hazard potential.
(d)
A map depicting the hydrological characteristics of the tract.
Such map shall depict surface water resources, their drainage characteristics,
watersheds and floodplains and groundwater resources. Surface water
resources include features such as creeks, runs and other streams,
ponds, lakes and other natural bodies of water, springs, wetlands
and any man-made impoundments. Groundwater resources include features
such as aquifers and aquifer recharge areas.
(5)
An identification of biological resources associated with the natural
environment of the tract, including such features as vegetation and
wildlife. The identification of biological resources shall include
a narrative description of each of the resources mentioned above.
In addition, these resources shall be mapped at a scale of not more
than 100 feet to the inch, as specified below and may be either incorporated
into the EIA report or submitted as attachments to the report.
(a)
A map depicting the vegetation characteristics of the tract.
Such map shall define the locations and boundaries of the woodland
and forest areas of the tract and shall note the types of vegetation
associations which exist in terms of their species, types and sizes.
In addition, all trees 12 inches in caliper or greater shall be accurately
located on the map either as freestanding trees or as tree masses.
(b)
A map depicting characteristics associated with wildlife habitats.
Such map may draw upon vegetation, hydrology and soil maps in order
to express habitat characteristics associated with terrestrial and
aquatic wildlife on the tract and the relationship of the overall
habitat(s).
(6)
An identification of the land use conditions and characteristics
associated with the tract such as current and past use; land cover
and encumbrances; and the relationship of these to adjacent tracts.
The identification of land use conditions and characteristics shall
include a narrative description of the above. In addition, the following
maps drawn at a scale of not more than 100 feet to the inch shall
be incorporated into the EIA report or submitted as attachments to
it.
(a)
A map depicting the land cover characteristics of the tract.
Such map shall define existing features, including paved or other
impervious surfaces, woodland and forest areas, cultivated areas,
pasture, old fields, lawns and landscaped areas and the like.
(b)
A map depicting any encumbrances to the tract. Such map shall
define easements and other areas where certain use privileges exist.
(c)
A map depicting the land uses adjacent to the proposed tract.
Such map may be at the same scale as the location map.
(7)
An identification of the historic resources associated with the tract
such as areas, structures and/or routes and trails which are significant.
Areas, structures and/or routes and trails included on the National
Register of Historic Places, the Pennsylvania Inventory of Historic
Places and the Historic American Building Survey and any which may
be identified in the Comprehensive Plan shall be identified. The identification
of historic resources shall include a narrative description of the
above. In addition, a map drawn at a scale of not more than 100 feet
to the inch depicting historic resources shall be incorporated into
the EIA report or submitted as an attachment to the report.
(8)
An identification of the visual resources associated with the tract
such as areas which have a particular amenity value and areas which
offer interest in viewing the tract. The identification of visual
resources shall include a narrative description of the above. In addition,
a map drawn at a scale of not more than 100 feet to the inch depicting
visual resources shall be incorporated into the EIA report or submitted
as an attachment to the report.
(9)
An identification of the community facility needs associated with
the users and/or residents of the proposed subdivision and/or land
development. The community facility needs assessment shall indicate
in narrative form the type of services which will be in demand. Where
applicable, community facilities (such as schools, park and recreation
areas, libraries, hospitals and other health care facilities, fire
protection, police protection, ambulance and rescue service) shall
be discussed in terms of the ability of existing facilities and services
to accommodate the demands of future users and/or residents of the
lots and/or tract and the need for additional or expanded community
facilities.
(10)
An identification of the utility needs associated with the users
and/or residents of the proposed subdivision and/or land development.
The utility needs assessment shall indicate in narrative form the
type of installations which will be in demand. Utilities (such as
those used for water supply, sewage disposal, refuse disposal, storm
drainage, communications and electrical transmission) shall be discussed
in terms of the ability of existing utility installations to accommodate
the demands of the future users and/or residents of the lots and/or
tract; the need for additional or expanded utility installation; and
the ability to achieve an adequate system for storm drainage and stormwater
management.
(11)
An identification of the relationship of the transportation and circulation system needs of the proposed subdivision and/or land development to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it and expected traffic volumes generated from the subdivision and/or land development, including their relationship to existing traffic volumes on existing streets for both peak hour and nonpeak hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed subdivision and/or land development and what improvements are proposed to remedy any physical deficiencies. All of the foregoing shall also adhere to the provisions of § 143-120 of Chapter 143, Zoning, of the Code of the Township of Springfield.
(12)
An identification of the social and demographic characteristics
related to the proposed subdivision and/or land development. The characteristics
which shall be presented in narrative form shall include a profile
of the future users and/or residents of the lot and/or tract, including
information such as the number of people expected to work or live
at the tract. Such information shall be related to initial and completed
subdivision and/or land development conditions.
(13)
An identification of the economic and fiscal characteristics
related to the proposed subdivision and/or land development. The characteristics
which shall be presented in narrative form shall include a profile
of the Township, county and school district revenues which the proposal
may generate and the Township, county and school district costs it
may create. Such information shall be related to initial and completed
subdivision and land development conditions.
(14)
An identification of characteristics and conditions associated
with existing, construction-related and future air and water quality
and noise levels, vibration, toxic materials, electrical interference,
odor, glare and heat, smoke, dust, fumes, vapors and gases and/or
radioactive materials.
(16)
The implications of the proposed subdivision and land development in terms of: the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed subdivision and/or land development to the resources, conditions and characteristics described in Subsection C(4) through (15) above. In addition to a narrative presentation of implications, the applicant shall display where the subdivision and/or land development adversely affects the tract's resources, conditions or characteristics by mapping the same at a scale of not more than 100 feet to the inch, wherein the areas adversely affected from proposed development are highlighted. Such map may be either incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the subdivision and/or land development plan in terms of avoiding or reducing potential adverse effects.
(17)
Alternatives to the proposed subdivision and/or land development.
To indicate such alternatives, the applicant shall comment on how
alternatives such as: revised location, redesign, layout or siting
of buildings, roads and other structures, reduction in the size of
proposed structures or number of structures and the like would preclude,
reduce or lessen potential adverse impact or produce beneficial effects.
In addition, the applicant shall submit exhibits or diagrams which
will depict the type of alternatives described in narrative form.
(18)
Probable adverse effects which cannot be precluded. In indicating
such effects, a discussion shall be presented regarding whether they
will have primary or secondary implications, that is, whether the
adverse effects will have direct or indirect influence on a particular
resource, condition or characteristic.
(19)
Measures to mitigate adverse effects. To indicate such measures,
the applicant shall submit exhibits or diagrams which will depict
the type of remedial, protective and mitigative measures described
in narrative form. These measures shall include those required through
existing procedures and standards and those unique to a specific project,
as follows:
(a)
Mitigation measures which pertain to existing procedures and
standards are those related to current requirements of the state,
county and/or Township for remedial or protective action such as sedimentation
and erosion control, stormwater runoff control, water quality control,
air quality control and the like.
(b)
Mitigation measures related to impacts which may be unique to
a specific subdivision and/or land development are those related to
efforts such as: revegetation, screening, fencing, emission control,
traffic control, noise control, relocation of people and/or businesses,
land acquisition and the like.
(20)
Any irreversible environmental changes which would occur due
to the proposed subdivision and/or land development should it be implemented.
To indicate such changes, the use of nonrenewable resources during
the initial and continued phases of the subdivision and/or land development
shall be discussed. Further, the loss of environmental resources shall
be indicated through a presentation of the quality of loss and related
qualitative effects.
D.
In making its evaluation, the Board of Commissioners may request
any additional information it deems necessary to adequately assess
potential environmental impacts. Further, whenever any information
required in this section is not directly applicable to the proposed
project, the applicant shall indicate such inapplicability for each
and every such item in the narrative of the EIA report and state why
such information is considered to be inapplicable in the case of the
particular project in question.
E.
The EIA report shall be prepared by an engineer, architect, landscape
architect or land planner.
