[Ord. 2001-3, 12/10/2001, § 501]
1.
This Part shall apply to the following.
A.
The improvement of one lot for one multifamily residential building
or a group of two or more residential or nonresidential buildings.
B.
The improvement of one lot for one nonresidential building, regardless
of the number of tenants.
C.
Any change of use, addition to or structural enlargement of a nonresidential
structure which results in either:
(1)
An increase in the gross floor area of the principal building
of more than 200 square feet, but less than 1,500 square feet.
(2)
An increase in the paved area of the lot of more than 200 square
feet but less than 1,500 square feet.
(3)
An increase in the gross floor area of the principal building
and the paved area of the lot which, in combination, more than 200
square feet, but less than 1,500 square feet.
D.
The division or allocation of land or space among two or more occupants
by leasehold or condominium.
2.
This Part shall not apply to the following.
A.
Improvement of one lot for a single family or a two-family dwelling.
B.
The conversion of an existing single family or two-family dwelling
into not more than three dwelling units, unless such units are intended
to be a condominium.
C.
The addition of no more than one accessory building or structure,
either singularly or cumulatively, not exceeding one story or 15 feet
in height and covering an area on the lot no greater than 200 square
feet, on a lot or lots which is subordinate to any existing principal
building and used for the same purpose as the principal building.
D.
A one time exemption for any addition to or structural enlargement
of a nonresidential structure which results in either:
(1)
An increase in the gross floor area of the principal building
of 200 square feet or less.
(2)
An increase in the paved area of the lot of 200 square feet
or less.
(3)
An increase in the gross floor area of the principal building
and the paved area of the lot which, in combination, total 200 square
feet or less.
[Ord. 2001-3, 12/10/2001, § 502]
1.
Prior to filing an application for preliminary and final approval
of a minor land development, the applicant or his representative shall
meet with the Township Secretary and other Township officials to obtain
application forms and to discuss application procedures and applicable
ordinance requirements.
2.
In addition, the developer may request a pre-application conference
with the Planning Commission to discuss the conceptual design for
the development of the property and the feasibility and timing of
the application. The applicant shall contact the Township Secretary
at least 15 calendar days prior to the regular meeting of the Planning
Commission to request a pre-application conference with the Planning
Commission.
3.
The pre-application conference with the Planning Commission is voluntary
and no formal application or fee is required. This opportunity is
afforded to the developer to obtain information and guidance before
entering into binding commitments or incurring substantial expenses
for plan preparation.
4.
While no formal application is required for a pre-application conference,
the applicant should provide one copy of readily available information
with the request for a pre-application conference which will show
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 which may be used include
the deed for the property, a property survey, the tax maps prepared
by the Washington County Assessor's Office, U.S.G.S. 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 U.S. Bureau of Mines
coal mine maps.
5.
A pre-application conference shall not constitute formal filing of
any application for approval of a land development, shall not bind
the Planning Commission to approve any concept presented in the pre-application
conference and shall not protect the application from any subsequent
changes in ordinance provisions which may affect the proposed development
between the date of the pre-application conference and the official
date of filing of an application for preliminary and final approval
of a minor land development under the terms of this Chapter.
[Ord. 2001-3, 12/10/2001, § 503]
1.
The applicant shall submit 10 copies of an application for preliminary
and final approval of a minor land development required by § 504
of this Chapter to the Township Secretary at least 28 calendar days
prior to the regular meeting of the Planning Commission. If the twenty-eighth
day falls on a holiday, the application shall be filed by the close
of business on the immediately preceding working day.
2.
The preliminary and final application shall not be considered to
be complete and properly filed unless and until all items required
by § 504 of this Chapter, including the application fee,
have been received.
3.
Immediately upon request, the application shall be stamped with the
date of receipt by the Township and one copy of the application shall
be distributed to the Township Engineer.
4.
The Township Secretary shall submit one copy of the complete and
properly filed application to the Washington County Department of
Economic Development for review and comment which shall be subject
to payment of the prevailing county review fee by the applicant. Additional
copies may be referred to any other appropriate review agency at the
discretion of the Township Secretary.
[Ord. 2001-3, 12/10/2001, § 504]
1.
All Applications. The application for preliminary and final approval
of a minor land development shall be submitted in accordance with
§ 503 of this Chapter and shall include the following information.
A.
10 copies of the completed application form supplied by the Township.
B.
Application filing fee, as required by § 1101 (A) of this
Chapter.
C.
Proof of proprietary interest.
D.
Written evidence of compliance with all other Township, County, State
or Federal permits required for the plan, if any.
E.
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 preliminary and final
approval of the minor land development. Preliminary and final approval
of the minor land development shall not be granted unless the conditional
use or use by special exception is approved prior to or concurrent
with the preliminary and final minor land development plan.
F.
Wherever public improvements are proposed or where evidence exists
of deep mining, strip mining, landslide prone soils or other geological
hazards on the site, a geologic report by a qualified registered professional
engineer acceptable to the Township 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.
G.
A wetlands determination report for all sites which have hydric soils
or soils with hydric inclusions and, if applicable, a wetlands delineation
report for all jurisdictional wetlands on the site and the design
techniques proposed to accommodate them.
H.
10 copies of a preliminary and final plat, accurately drawn to a
scale of not less than one inch equals 50 feet on a survey prepared
by a Pennsylvania registered land surveyor. The preliminary and final
plat shall include or be accompanied by the following information,
and shall be prepared and sealed by a Pennsylvania registered land
surveyor, engineer, architect or landscape architect.
(1)
Date of Preparation. All revisions shall be noted and dated.
(2)
A location map showing the location of the tract with reference
to the surrounding properties, existing streets and streams within
1,000 feet of the land development.
(3)
Name of the development, including the words "preliminary and
final land development plan;" north arrow; graphic scale; county assessment
map and parcel number; the name and address of the record owner; the
name and address of the applicant; the name and address, signature,
license number and seal of the registered professional preparing the
survey. If the owner of the premises is a corporation, the name and
address of the president and secretary shall be submitted on the application.
(4)
All distances shall be in feet and one hundredths (0.01) of
a foot and all bearings shall be given to the nearest one second.
(5)
The zoning district in which the parcel is located, together
with the zoning classification of properties within 200 feet of the
boundaries of the property for which the application is made.
(6)
Property survey showing survey data, including boundaries of
the property, building or setback lines and lines of existing and
proposed streets, lots, reservations, easements and areas dedicated
to public use, including grants, restrictions and rights-of-way, to
be prepared by a licensed land surveyor. The name, address, signature
and seal of the surveyor shall be indicated.
(7)
A copy of any existing or proposed covenants, deed restrictions,
which are applicable to the property.
(8)
A written statement requesting any waivers or modifications to this Chapter in accordance with Part 10, if applicable.
(9)
A written statement identifying any zoning variances which will
be needed or which have been granted to the property by the Zoning
Hearing Board.
(10)
The distance, measured along the right-of-way lines of existing
streets abutting the property, to the nearest intersections with other
public streets within 200 feet of the site boundaries.
(11)
The location and dimensions of proposed buildings and structures,
all accessory structures and fences, if any, including front, side
and rear yard setbacks, height of buildings, first floor elevations
of all structures and floor plans and elevation plans of the proposed
building addition and its relationship to the existing building.
(12)
If applicable, flood hazard zone boundaries, as identified on
the current official map for the Township issued by the Federal Insurance
Administration.
(13)
Existing and proposed contours, referred to United States Coast
and Geodetic Survey datum, with a contour interval of two feet for
slopes of less than 10 percent and an interval of five feet for slopes
of 10 percent of more. Existing contours are to be indicated by dashed
lines and proposed contours are to be indicated by solid lines.
(14)
Written or graphic evidence that all earthmoving activities shall comply with the Township Grading and Excavating regulations, Chapter 9 of the Code of Ordinances of the Township.
(15)
Location of existing rock outcrops, high points, watercourses,
depressions, ponds, marshes, wooded areas and other significant existing
features, including previous flood elevations of watercourses, ponds
and marsh areas as determined by field survey.
(16)
A slope map showing the location and the area (in square feet)
of land which has a slope of 25 percent or greater and certification
by a registered professional geotechnical engineer regarding the feasibility
of any proposed grading on slopes greater than 25 percent, the stability
of the finished slopes, measures to mitigate landslides, soil erosion,
sedimentation, stormwater runoff and potential impacts on adjacent
properties.
(17)
A soils map identifying soils which are landslide prone, if
any.
(18)
Any and all existing streets related to the proposed development;
including the names, cartway widths, approximate gradients and sidewalk
widths.
(19)
If any new streets are proposed, profiles, indicating grading;
cross sections showing the width and design of roadways and sidewalks.
(20)
Area, to the nearest thousandth of an acre of the site to be
developed for nonresidential purposes and/or the area, in square feet,
of each lot to be developed for residential purposes.
(21)
Plans of proposed stormwater systems showing feasible connections
to existing or any proposed utility systems. All stormwater facility
plans shall be accompanied by a separate sketch showing all existing
drainage within 500 feet of any boundary, and all areas and any other
surface area contributing to the calculations, and showing methods
to be used in the drainage calculations.
(22)
Stormwater management plans, as required by § 908
of this Chapter.
(23)
The location and size of all existing sanitary sewers and the
location and size of all proposed sanitary sewers.
(24)
The location and size of all existing and proposed waterlines,
valves and hydrants.
(25)
The location, width and purpose of all existing and proposed
easements and rights-of-way.
(26)
The location, type and approximate size of existing utilities
to serve the development and written verification from each utility
that service will be provided to the development.
(27)
Tree masses and all individual specimen trees having a caliper
of four inches or greater.
(28)
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
and Chapter 102 of the Rules and Regulations of the Pennsylvania Department
of Environmental Protection governing erosion control and where applicable,
evidence that the Washington County Conservation District has issued
an NPDES permit.
(29)
The number and density of dwelling units (if residential).
(30)
All means of vehicular access for ingress and egress to and
from the site onto public streets, showing the size and location of
internal streets or driveways and curb cuts including the organization
of traffic channels, acceleration and deceleration lanes, additional
width and any other improvements on the site or along the site's
street frontage necessary to prevent a difficult traffic situation.
All pedestrian walkways and provisions for handicapped facilities
in compliance with the requirements of the Americans with Disabilities
Act (ADA) for an accessible site shall also be shown.
(31)
Computation of the number of parking spaces to be provided,
the location and design of offstreet parking areas and loading areas
showing size and location of bays, aisles and barriers and the proposed
direction of movement.
(32)
Tabulation of site data, including zoning requirements applicable
to the site and whether the proposed site development features comply.
(33)
Proposed screening and landscaping, including a preliminary
planting plan.
(34)
The methods, placement and screening of solid waste disposal
and storage facilities.
(35)
If applicable, a detailed proposal, including covenants, agreements
or other specific documents showing the ownership and method of assuring
perpetual maintenance to be applied to those areas which are to be
used for recreational or other common purposes.
(36)
Written or graphic evidence that all public and/or private improvements
will comply with the design standards of this Chapter and the Township
construction standards.
(37)
If the plan is to be completed in phases, the proposed sequence
of development with projected time schedule for completion of each
of the several phases.
(38)
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 § 420
of the State Highway Law (P.L. 1242, No. 428 of June 1, 1945) and
that the approvals of the Smith Township Planning Commission and Township
Supervisors are conditional, subject to action by the Pennsylvania
Department of Transportation pursuant to application for a highway
occupancy permit.
(39)
Spaces for the signature of the Chairman and Secretary of the
Planning Commission; the President and Secretary of Township Supervisors;
and dates of approval.
(40)
Plan monumentations, as required by § 801 of this
Chapter.
[Ord. 2001-3, 12/10/2001, § 505]
1.
Planning Commission Recommendation.
A.
At the first regular meeting of the Planning Commission after submission
of a preliminary and final application, the Planning Commission shall
either accept or reject the application as complete in content and
properly filed. The date of the Planning Commission meeting at which
the preliminary and final application is accepted as complete and
properly filed shall be the official date of filing of the application
and shall represent the beginning of the 60 day period for Planning
Commission review and recommendation on the application, unless the
applicant agrees, in writing, to an extension of time. During the
60 day review period, the Township Engineer shall provide preliminary
review comments to the Planning Commission and the applicant.
B.
Within 60 days of the official date of filing of the preliminary
and final application, the Planning Commission shall make a recommendation
to Township Supervisors for approval, approval with conditions or
disapproval of the preliminary and final application at a public meeting.
In the case of a recommendation for disapproval, the Planning Commission's
recommendation shall cite the specific requirements of this Chapter
which have not been met.
2.
A.=2. Action by Township Supervisors.
A.
The Township Engineer shall present a written report to Township
Supervisors which states whether an application complies with the
requirements of this Chapter and that report shall be included in
the minutes of the Supervisors meeting.
B.
Within 90 days of the official date of filing of the preliminary
and final application for a minor land development, Township Supervisors
shall either approve, approve with conditions or disapprove the preliminary
and final application at a public meeting. Township Supervisors shall
not act until the review has been received from the Washington County
Department of Economic Development or until 30 days has passed since
the date that the application was submitted to the County for review.
The recommendation of the Township Planning Commission and the report
of the Washington County Department of Economic Development, if any,
shall be made a part of the record at that meeting.
C.
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 decision by Township Supervisors. If the preliminary and
final application is not approved, Township Supervisors shall specify
the defects found in the preliminary and final application and cite
the requirements of this Chapter which have not been met.
3.
Conditional Approval. If Township Supervisors determine that certain conditions are warranted to be attached to preliminary and 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 (2), above. The applicant shall accept or reject the conditions attached to preliminary and final approval by giving written notice to the Township Supervisors within 30 days of the date of the meeting of Township Supervisors at which preliminary and final approval is granted. If the applicant rejects any of the conditions or if the applicant fails to give written notice to the Township Supervisors regarding acceptance or rejection of the conditions attached to preliminary and final approval within the required 30 days, preliminary and final approval shall automatically be rescinded without written notice to the applicant.
4.
Deemed Approval. Failure of Township Supervisors to render a decision
and communicate it to the applicant within the time and in the manner
prescribed by this Chapter 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.
[Ord. 2001-3, 12/10/2001, § 506]
The Township may offer the mediation option as an aid in completing
the proceedings authorized by this Part in accordance with the requirements
of § 409 of this Chapter.
[Ord. 2001-3, 12/10/2001, § 507]
All land developments shall be further subject to the requirements
for a development agreement as specified in § 413 of this
Chapter.
[Ord. 2001-3, 12/10/2001, § 508]
All land developments shall be further subject to the requirement
for an amenities bond as specified in § 412 of this Chapter.
[Ord. 2001-3, 12/10/2001, § 509]
Minor land developments which propose the extension or installation
of any public improvements, as defined by this Chapter, shall be further
subject to §§ 411 and 413 of this Chapter governing
posting of a performance bond to guarantee their proper installation
and execution of a development agreement.
[Ord. 2001-3, 12/10/2001, § 510]
1.
A land development plan shall not be required to be recorded in the
Washington County Recorder of Deeds Office, if the land development
is proposed on a lot or lots of record, unless a declaration plan
is required to be recorded by the PA Unit Property Act for a condominium.
2.
Any land development plan which involves the subdivision, resubdivision
or consolidation of property or the dedication of easements or rights-of-way
for public improvements shall present a final plat for recording purposes
with the application for final approval of the land development. The
final plat for recording shall be prepared in accordance with the
requirements of § 304 of this Chapter for a minor subdivision.
[Ord. 2001-3, 12/10/2001, § 511]
Whether or not the land development is required to be recorded,
the applicant shall deliver to the Township, one mylar and three paper
prints of the approved final minor land development plan containing
the required signatures and date of approval.
[Ord. 2001-3, 12/10/2001, § 512]
1.
Failure to Execute Development Agreement and Post Amenities Bond.
If the amenities bond required by § 508 and/or the development
agreement required by § 507 have not been submitted to the
Township within 90 days of the date of the meeting at which Township
Supervisors granted preliminary and final approval to the minor land
development plan, preliminary and final approval shall expire automatically,
unless preliminary and final approval is reinstated in accordance
with § 513 of this Chapter.
2.
Failure to Initiate and Pursue Construction. If construction of a
land development which has been granted preliminary and final approval,
and for which a development agreement and amenities bond have been
submitted, is not initiated and diligently pursued within one year
of the date of preliminary and final approval, preliminary and final
approval shall expire immediately; provided, however, that Township
Supervisors may grant a reasonable extension, if the developer presents
satisfactory evidence that difficulties have prevented the work from
being initiated and/or diligently pursued and the request for an extension
is submitted, in writing, prior to the date of expiration of the approval.
The Township Supervisors shall give written notice to the applicant
within 30 days of the date of expiration of preliminary and final
approval. Any construction which occurs after notice from the Township
Supervisors shall constitute a violation of this Chapter and shall
be subject to the enforcement remedies of § 1105.
[Ord. 2001-3, 12/10/2001, § 513]
1.
In the event that final approval of the land development plan has
expired for failure to execute the development agreement and/or post
the required amenities bond, as provided for in § 512(1)
of this Chapter, the Chairman of The Township Supervisors is authorized
to reinstate the signatures of the proper officers of the Township
indicating approval, provided there are no changes in the land development
plan previously granted preliminary and final approval and all the
requirements of this Chapter regarding posting of a performance bond
or amenities bond and execution of a development agreement, if required,
are subsequently met and, further, provided the plan is submitted
for reinstatement of approval within 180 days following the date of
the meeting at which preliminary and final approval was granted by
Township Supervisors.
2.
Any request for reinstatement of preliminary and final approval which
is submitted after 180 days from the date of the meeting at which
preliminary and final approval was granted by Township Supervisors
shall be required to resubmit an application for preliminary and final
approval in conformance with the requirements of §§ 503
through 513 of this Chapter.
