The regulations established in this chapter shall apply and
extend generally to land development, as the term is defined in this
chapter, subject only to the exceptions set forth in this article.
Except as is specifically provided in this article, regulations, plan
requirements and review processes shall apply to land developments.
A.
The following shall be excluded from the definition of "land development"
and shall not be subject to plan submission and review regulations
established in this chapter:
(1)
Conversion (not expansion) of an existing single-family detached
dwelling or a single-family semidetached dwelling into not more than
three residential units, unless such units are intended to be a condominium;
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building;
(3)
The addition or conversion of buildings or rides within the confines
of an enterprise which would be considered an amusement park. For
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 Board of Supervisors;
(4)
Construction of water lines, sewer lines, roads and other public
improvements otherwise regulated by specifications and provisions
in this chapter, other laws and ordinances, regulations and an approved
development plan;
(5)
Construction of an individual single-family residential dwelling
upon a lot or lots within a subdivision or development previously
approved which otherwise complies with applicable regulations.
B.
The following activities may, in the discretion of the Board of Supervisors,
be excused from compliance with formal land development regulations
upon request therefor and only in the specified circumstances:
(1)
Development of a nonresidential building on a lot for a use which
the Engineer and Zoning Administrator are satisfied, after review
of certified estimates of proposed traffic volume, would at all times
involve only minimum use drive or street access.
(2)
An addition to an existing principal building involving no more than
5,000 square feet of additional area and which does not modify drive
or street access, will not alter the existing traffic volume classification,
grading or other required features, does not materially alter use
of the premises or violate any requirements of the approved plan or
of setback or other applicable regulations; provided, however, that
where such addition involves a previously approved development plan,
this exclusion shall apply only if provisions of this article governing
amendment of land development plans are complied with.
(3)
Upon request, favorable recommendation by the Township Engineer and approval by the Board of Supervisors, land development plan submission and review regulations may be excused where a proposed addition involves in excess of 5,000 square feet but less than 10,000 square feet of area, meets those standards set forth above in § 125-47B(2) and the Board concludes that the development can be properly regulated through the building/zoning permit process in Chapter 145, Zoning.
(4)
An amendment to a previously approved land development plan involving
less than 10,000 square feet of floor and additional impervious area
which does not modify drive or street access, will not alter existing
traffic volume classification, grading or other required features
and does not materially alter use of the premises or violate any requirements
of the approved plan or of setback or other applicable regulations;
provided, however, that this exclusion shall apply only if the requirements
for amendment of approved land development plans established in this
article are met.
C.
Exemption of a development activity under § 125-47A or B from plan submission and review regulations shall not be deemed to excuse such activities from all other regulations established in this chapter or in any other applicable law, ordinance or regulation, nor shall such exemption furnish excuse to any applicant from the obligation to pay filing and review fees or to deposit sums in escrow to ensure payment of fees for services in review and administration of plans.
A.
Definition restated. As set forth in Article II, a "nonsubstantial land development plan amendment" is deemed to include technical revisions, additions involving no more than 10,000 square feet of additional floor and impervious area and other matters which do not modify drive or street access; will not alter the existing traffic volume classification, grading or other existing or required features; do not materially alter use of the premises or violate any requirements of the approved plan, setback or other applicable regulations.
(1)
Amendment of an approved land development plan meeting the above
definition shall not be deemed a "land development," but shall be
subject to this chapter's provisions for such amendment.
(2)
Any application which does not meet all elements of a land development
plan amendment shall be deemed a land development and, as such, shall
comply with regulations established in this chapter for the same.
B.
Submission and review.
(1)
The applicant shall submit to the Township Engineer a sketch of the
proposed amendment, together with detailed information explaining
the nature of the proposed amendment, the proposed use, implications
of the amendment upon the approved plan and established regulations
and such traffic volume analysis as the Engineer determines is necessary
to determine whether the proposed amendment would materially alter
traffic volume.
(2)
If the Township Engineer, after review, indicates that the application
may qualify for exclusion from plan review processes otherwise established
in this chapter, the applicant shall:
(a)
File with the Township Engineer the Mylar and five copies of
the proposed amendment, which shall incorporate the proposed amendment
into the previously approved plan and comply with all requirements
of all applicable ordinances and regulations; and
(b)
Pay to the Township filing fees and deposit sums for review
and inspection fees as established by resolution.
(3)
The Township Engineer's indication to the applicant or favorable
recommendation that the proposal be deemed an amendment authorized
under this section shall not, absent approval by the Board of Supervisors,
be binding upon the Township.
(4)
The Township Engineer shall review the application and certify to
the Board of Supervisors in writing whether the proposed amendment
meets the definition and requirements of this section.
(5)
After review by the Department of Planning, the Township Engineer
shall submit the application to the Board of Supervisors at a regular
meeting. If the Engineer believes that the application meets all requirements
of this section and regulations established in the chapter, he or
she shall recommend that the application be deemed an amendment to
an approved land development and approval of the application. If the
Engineer believes that the application does not qualify as an amendment
to an approved land development plan and/or that the application does
not meet regulations established by ordinance, he or she shall recommend
denial, stating reasons therefor.
(6)
If the application is approved by the Board of Supervisors, the Supervisors
shall sign the Mylar and plan copies once all requirements of or conditions
imposed on approval have been met.
(7)
The applicant shall assure that an approved amendment plan is recorded
within 90 days after its approval, and that those copies of the recorded
plan required by this chapter are delivered to the Engineering Department
within 30 days after recording.
(8)
If the Board of Supervisors should deny an application that a development
be deemed an amendment to an approved land development plan excepted
from plan submission and review processes in this chapter, the developer
shall be obligated to follow all regulations applicable to submission
of land development plan applications.
(9)
No building permit shall be issued authorizing construction of any
building, structure or addition prior to full compliance with the
provisions of this section and other applicable regulations of this
chapter.