A.
Application.
(1)
Subdivision control. No subdivision, as herein defined, of any lot,
tract or parcel of land shall be effected, and no street, alley, sanitary
sewer, storm sewer, water main, or other facilities in connection
therewith shall be laid out, constructed, opened or dedicated for
public use or travel, or for the common use of occupants of buildings
abutting or to abut thereon, except in strict accordance with the
provisions of this chapter. No lot in any subdivision may be sold,
and no permit to erect, alter or repair any building upon land in
a subdivision may be issued, and no building may be erected in a subdivision,
unless and until a subdivision plan has been approved and recorded
and the improvements required by the Board of Supervisors in connection
therewith have either been constructed or guaranteed for construction
as provided in this chapter.
(2)
Land development control. Land development, as herein defined, must
comply with the regulations contained herein. Such compliance shall
include, but not be limited to, the filing of preliminary and final
plats, the improvement and dedication of rights-of-way, streets and
roads, and the payment of fees and charges. Land development plans
shall indicate the location of each proposed and existing structure
and clearly define each unit, and shall indicate public and private
easements, common areas and improvements to public rights-of-way.
B.
General procedure. Whenever any subdivision of land or land development
is proposed, before any contract is made for the sale of any part
thereof, and before any permit for the erection of a structure in
such proposed subdivision or land development shall be granted, the
registered owner(s) of the property or authorized agent shall apply
for and secure approval of such subdivision or land development in
accordance with the three-step procedure outlined below. If application
is made by an agent other than the owner, a written power of attorney
must be included.
(1)
When deemed necessary by the Director of Planning, a sketch plan
shall be submitted to and discussed with either the Director of Planning
or the Planning Commission. The Director shall determine whether the
proposal shall be classified as a major subdivision, minor subdivision
or land development.
(2)
Except for minor subdivisions, as defined by this chapter, a preliminary
plan shall be submitted to the Director of Planning; reviewed by the
Director and, if deemed necessary, the Township Engineer and the Township
Municipal Authority; reviewed for recommendation by the Planning Commission
at regular meetings; and reviewed for decision by the Board of Supervisors
at a regularly scheduled meeting. If the necessity for a preliminary
plan is waived, at the discretion of the Planning Commission, the
applicant shall comply with final plan submission requirements.
(3)
A final plan shall be submitted to the Director of Planning; reviewed
by the Director and, if deemed necessary, the Township Engineer and
the Township Municipal Authority; reviewed for recommendation by the
Planning Commission at regular meetings; and reviewed for decision
by the Board of Supervisors at a regularly scheduled meeting.
C.
Official filing date. For the purpose of this chapter, the official
filing date for subdivisions or land development plans shall be the
Friday following the previous Planning Commission meeting. All applications
must be accompanied by the appropriate fees and documentation and
must be submitted to the Chief Code Official or in his/her absence
the duly designated official by 7:00 p.m. the second Thursday of each
month. Upon receipt of the application the Code Official and/or Township
Engineer shall review all information to determine adequacy of the
application and either accept or deny the filing the following day,
or second Friday. If the application is acceptable the Code Official
shall affix to the application the filing date and immediately forward
the information to the Planning Commission. If the application is
denied due to inadequate fees, insufficient information, inadequate
number of copies, or any other reason, the application will be returned
to the applicant, and the applicant will be advised as to what is
required for submission for the following meeting.
D.
Washington County Planning Commission review. All subdivision and
land development plans shall be submitted to and reviewed by the Washington
County Planning Commission in accordance with its then prevailing
rules and regulations. The Township shall forward to the applicant
a copy of any report provided to the Township by the County Planning
Commission.
The applicant shall pay the following fees as fixed from time
to time by resolution of the Board of Supervisors, as applicable.
A.
Application filing fee. Upon submission of an application under this Article III, the applicant shall pay a nonrefundable application filing fee as established from time to time by resolution of the Board of Supervisors.
B.
Application review fee.
(1)
Application review fees shall include reasonable and necessary charges
by the Township's professional consultants for review and report thereon
to the Township. The applicant shall be responsible for payment of
all such review fees. Review fees shall be reasonable and in accordance
with the ordinary and customary charges by the Township's professional
consultants for similar service in the community, but in no event
shall the fees exceed the rate or cost charged by the professional
consultant for comparable services to the Township for services which
are not reimbursed or otherwise imposed on applicants. Fees charged
to the Township relating to the appeal of any decision on an application
shall not be considered review fees and may not be charged to the
applicant.
(2)
The Board of Supervisors shall submit to the applicant an itemized
bill showing work performed, identifying the person performing the
services and the time and date spent for each task. Nothing in this
subparagraph shall prohibit interim itemized billing. In the event
that the applicant disputes the amount of any such review fees, the
applicant shall, no later than 45 days after the date of transmittal
of the bill to the applicant, notify the Township and the Township's
professional consultant that such fees are disputed and shall explain
the basis of its objections to the fees charged, in which case the
Township shall not delay or disapprove a subdivision or land development
application due to the applicant's dispute over fees. Failure of the
applicant to dispute a bill within 45 days shall be a waiver of the
applicant's right to arbitration of that bill under this section.
(3)
In the event that the Township's professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution for inspection fees set forth in § 210-35H(5).
Minor subdivision plans shall be submitted for review in the form of a final plan, subject to the requirements of § 210-11C below.
A.
Sketch plan.
(1)
Prospective subdividers and developers are strongly urged to discuss
possible development sites with the Planning Commission prior to submission
of a preliminary plan. If a sketch plan review is sought, the plan
shall be presented for review not less than seven days prior to the
regular meeting of the Planning Commission at which it is to be considered.
Submission of a sketch plan will not constitute a formal filing of
a subdivision or land development plan. Sketch plans should include
information as follows:
(2)
The review of a sketch plan is not binding on the Township and is
not part of the review process which has time limitations specified
by the Pennsylvania Municipalities Planning Code.
B.
Preliminary plan.
(1)
Submission of preliminary plan.
(a)
The preliminary plan and all information and procedures relating
thereto shall in all respects be in compliance with the applicable
provisions of this chapter. It is the responsibility of the subdivider
or developer to coordinate plans with the respective private and public
service agencies.
(b)
The application form shall be submitted to the Director of Planning,
accompanied by the requisite application fee, as set forth by the
Cecil Township Fee Schedule, from time to time amended, and by not
less than eight prints of the preliminary plan of the subdivision,
in a scale of not more than 100 feet to the inch, which shall contain
the following information:
[1]
Proposed subdivision or land development name or identifying
title, Township name, North point, bar scale, and date of preparation;
[2]
Name(s) and address(es) of the owner(s) of the property, including
reference to deed book, volume and page of current legal owner(s),
in addition to the names of owners of all adjoining properties and
the names of all abutting subdivisions, with deed book, volume and
page;
[3]
Name and seal of the registered surveyor responsible for preparing
the plan;
[4]
Tract boundaries, with bearings and distances;
[5]
Existing contours at vertical interval of five feet or, in the
case of relatively level tracts, at such lesser interval as may be
necessary for satisfactory study and planning of the tract. Datum
to which contour elevations refer shall be United States Coast and
Geodetic Survey datum;
[6]
All existing watercourses, floodplains, tree masses, and other
significant natural features;
[7]
All existing buildings, sewers, water mains, culverts, petroleum
or petroleum product lines, fire hydrants, and other significant man-made
features;
[8]
All existing streets on or adjacent to the tract, including
name, right-of-way width, and cartway width;
[9]
All existing property lines, easements and rights-of-way, and
the purpose for which the easements and rights-of-way have been established;
[10]
Proposed lot lines with approximate dimensions
and areas of all lots; proposed minimum setback line for each street;
playgrounds, public buildings, public areas and parcels of land proposed
to be dedicated or reserved for public use; proposed street names;
proposed watercourses and detention ponds; proposed phasing; and typical
section of all streets;
[11]
Total acreage, number of lots, average lot size,
density, open space, and existing zoning classification;
[12]
A location map, at a scale of 400 feet to the
inch, showing the proposed development and adjoining areas;
[13]
Where the preliminary plan covers only a part
of the developer's entire holding, a sketch shall be submitted of
the prospective street layout for the remainder;
[14]
When on-lot water supply is proposed, the location
of all well sites shall be shown;
[15]
Land development plans shall show building locations
and parking areas in addition to the above information;
[16]
A letter from the developer specifically requesting
any waiver from the regulations herein established and citing the
reasons for the request.
(c)
One print copy of the preliminary plan, along with one copy
of each piece of supporting material, shall be forwarded to the Washington
County Planning Commission, Washington County Conservation District,
Cecil Township Municipal Authority, and such other agencies as the
Director of Planning deems necessary, for review and comment.
(2)
Supporting material to be submitted with preliminary plan.
(a)
When applicable, the application form shall be accompanied by
a planning module for land development, as required by the Pennsylvania
Department of Environmental Protection.
(b)
In cases where the subdivision or land development adjoins an
existing or proposed state highway or has proposed streets entering
onto state highways, the applicant shall submit the plans to the Pennsylvania
Department of Transportation for review.
(3)
Planning Commission review of preliminary plan.
(a)
The Planning Commission shall consider the plan to determine
if it meets the standards set forth in this chapter.
(b)
The Planning Commission shall recommend whether the preliminary
plan should be approved, approved with modifications or denied, and
shall so notify the Board of Supervisors in writing, including in
a recommendation for denial or modified approval any reasons for such
recommendation.
(c)
In making its recommendation, the Planning Commission may consider
the recommendations of the Township Director of Planning, Township
Engineer, Township Municipal Authority, the Washington County Planning
Commission, interested residents, and any other agency requested to
submit or submitting comments on the plan.
(d)
The Planning Commission shall act on the preliminary plan within
60 days of the official filing date but, in any event, shall act on
the plan in time for the Board of Supervisors to render its decision
within 90 days from the official filing date. In the event that any
waiver from this chapter is requested by the applicant or is deemed
necessary for approval, the waiver and the reasons for its necessity
shall be entered into the records of the Board of Supervisors.
(4)
Board of Supervisors' action on preliminary plan.
(a)
The Board of Supervisors shall act on the preliminary plan within
90 days of the official filing date, unless the applicant has agreed
in writing to an extension of time. Failure to do so shall be deemed
an approval. Before acting on a preliminary plan, the Board of Supervisors
may hold a hearing thereon, pursuant to public notice.
(b)
The Board of Supervisors shall notify the applicant in writing
of its decision to approve, approve with conditions, or deny the preliminary
plan. Such notice shall be given to the applicant in person or mailed
to him at his last known address not later than 15 days following
the decision. If the plan is approved with conditions or denied, the
Board of Supervisors shall specify in the notice the conditions which
must be met or, in the case of denial, the defects found in the plan
and the requirements which have not been met, including specific reference
to provisions of any statute or ordinance which have not been fulfilled.
(c)
The Township shall keep a record of its recommendations, findings
and decisions relative to all subdivision and land development plans
filed with it for review. All such records shall be public records.
(d)
Approval of the preliminary plan shall constitute approval of
the subdivision or land development as to the character and intensity
of development and the arrangement and approximate dimensions of streets,
lots and other planned features. The approval binds the subdivider
or developer to the general scheme of the plan as approved, unless
a revised preliminary plan is submitted, and permits the subdivider
to proceed with final detailed design of improvements, to arrange
for guarantee to cover installation of the improvements, and to prepare
the final plan. Approval of the preliminary plan does not authorize
the sale of lots or recording of the plan.
(e)
A revised preliminary plan submitted after denial shall be considered
and reviewed as a new preliminary plan.
C.
Final plan.
(1)
Submission of final plan.
(a)
After the subdivider or developer has received official notification
from the Board of Supervisors that the preliminary plan has been approved,
a final plan may be submitted in accordance with the provisions of
Section 508 of the Pennsylvania Municipalities Planning Code.
(b)
The final plan shall conform in all respects with the preliminary
plan. If it does not, the plan submitted shall be considered a revised
preliminary plan and shall be reviewed by the Planning Commission
as such.
(c)
The application form shall be submitted to the Director of Planning,
accompanied by the requisite application fee, as set forth by the
Cecil Township Fee Schedule, from time to time amended, and by not
less than eight prints of the final plan of the subdivision, in a
scale of not more than 100 feet to the inch, which shall contain the
following information:
[1]
Proposed subdivision or land development name or identifying
title, Township name, North point, bar scale, date of preparation,
date of preliminary plan approval and a location map, at a scale of
400 feet to the inch, showing the proposed development and adjoining
areas;
[2]
Name(s) and address(es) of the owner(s) of the property, including
reference to deed book, volume and page of current legal owner(s),
along with names of adjoining subdivisions, with deed book, volume
and page, and names of the owners of any adjoining unplatted land;
[3]
Name and seal of the registered surveyor responsible for preparing
the plan;
[4]
Tax parcel identification number of all parent tracts involved;
[5]
Tract boundaries, with bearings and distances, along the lines
of each lot and of each lot proposed to be dedicated to public use;
[6]
All existing streets and driveways on or adjacent to the tract,
including name, right-of-way width, cartway width, street lines, lot
lines, easements, and areas dedicated or proposed to be dedicated
to public use;
[7]
Sufficient data, including bearing and length, to locate every
street, lot, easement, right-of-way, and boundary line upon the ground;
[8]
The proposed names of all new streets, and the length of all
straight lines, radii, lengths of curves, and tangent bearings for
each street;
[9]
The proposed building setback line for each street and the proposed
placement of each building, except placement for single-family dwellings;
[10]
Location and width of all rights-of-way, easements
and the purpose for which the rights-of-way and easements have been
established;
[11]
Location of all sanitary and storm sewer easements,
and location of all watercourses and detention ponds, whether public
or private;
[12]
Lots within a subdivision shall be numbered and
their area shown within the lot boundaries. House numbers, as approved
by the Township, shall also be shown therein;
[13]
Lots shall be assigned a sequential addressing
street number which meets all 911 addressing guidelines and be reviewed
and approved by the Township Zoning Officer.
[14]
Permanent reference monuments designated as existing
or proposed;
[15]
An approval block providing for the signatures
of the reviewing agency and the Board of Supervisors, along with the
date of approval, as per example in Appendix C;[1]
[1]
Editor's Note: Appendix C is attached to this chapter.
[16]
An appropriate statement signed by the owner,
unequivocally stating the intention to either: a) dedicate for public
use all streets, roads, easements, and rights-of-way so intended and
designated; or b) to reserve as private any streets, roads, easements
or rights-of-way intended not to be dedicated for public use;
[17]
A statement of acknowledgment in legal form, executed
by a notary, stating that the subdivider is the owner or equitable
owner of the land proposed for subdivision and that the subdivision
as shown on the final plan is the act and deed of the subdivider and
that it is desired to record the same.
(d)
One print copy of the final plan, along with one copy of each
piece of supporting material, shall be forwarded to the Washington
County Planning Commission, Washington County Conservation District,
Cecil Township Municipal Authority, and such other agencies as the
Director of Planning deems necessary, for review and comment.
(2)
Supporting material to be filed with final plan.
(a)
An approved Department of Environmental Protection Planning
Module for Land Development where on-lot sewage disposal systems or
community treatment systems are proposed or written proof of the Department's
approval for the extension of existing sanitary sewer service.
(e)
A copy of final deed restrictions or protective covenants, and
a copy of any and all proposed written easements or deeds to be granted,
including, but not limited to, storm drainage easements; recreation
easements or dedication, or agreements to pay a fee in lieu thereof;
and sanitary sewer easements.
(f)
Where applicable, a highway occupancy permit or review and written
approval by the Pennsylvania Department of Transportation. No plat
which will require access to a highway under the jurisdiction of the
Department of Transportation shall be finally approved unless the
plat contains a notice that a highway occupancy permit is required
pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No.
428), known as the "State Highway Law," before driveway access to
a state highway is permitted.[2]
[2]
Editor's Note: See 36 P.S. § 670-420.
(g)
Complete working plans for proposed bridges or other such structural
improvements.
(h)
Written agreement of land developer or subdivider, in a form
approved by the Board of Supervisors, indicating an agreement to construct
required improvements, including, but not limited to, streets, curbs,
sidewalks and storm drainage facilities.
(3)
Planning Commission review of final plan.
(a)
The Planning Commission shall review the plan and accompanying
materials for compliance with the approved preliminary plan and for
conformance to the requirements of this chapter.
(b)
The Planning Commission shall recommend whether the final plan
should be approved, approved with modifications, or denied, and shall
so notify the Board of Supervisors in writing, including in a recommendation
for denial or modified approval any reasons for such recommendation.
(c)
In making its recommendation, the Planning Commission may consider
the recommendations of the Township Director of Planning, Township
Engineer, Township Municipal Authority, the Washington County Planning
Commission, the Washington County Conservation District, the Pennsylvania
Department of Transportation, interested residents, and any other
agency requested to submit, or submitting, comments on the plan.
(d)
The Planning Commission shall act on the final plan within 60
days of the official filing date but, in any event, shall act on the
plan in time for the Board of Supervisors to render its decision within
90 days from the official filing date.
(4)
Board of Supervisors action on final plan.
(a)
The Board of Supervisors shall act on the final plan within
90 days of the official filing date, unless the applicant has agreed
in writing to an extension of time. Failure to do so shall be deemed
an approval.
(b)
The Board of Supervisors shall notify the applicant in writing
of its decision to approve, approve with conditions, or deny the final
plan. Such notice shall be given to the applicant in person or mailed
to him at his last known address not later than 15 days following
the decision. If the plan is approved with conditions or denied, the
Board of Supervisors shall specify in the notice the conditions to
be met or, in the case of denial, the defects found in the plan and
the requirements which have not been met, including specific reference
to provisions of any statute or ordinance which have not been fulfilled.
(c)
The Township shall keep a record of its recommendations, findings
and decisions relative to all subdivision and land development plans
filed with it for review. All such records shall be public records.
(d)
If the final plan is approved subject to conditions, the Board
of Supervisors shall not sign the plat until all of the conditions
have been met.
(e)
When requested by the developer, in order to facilitate financing,
the Township Supervisors shall furnish the developer a signed copy
of a resolution indicating approval of the final plan contingent upon
the developer submitting a satisfactory financial security. The final
plat or record plan shall not be signed nor recorded until the financial
improvements agreement is executed. The resolution shall expire and
be deemed to be revoked if the financial security agreement is not
executed within 90 days, unless a written extension is granted by
the Township Supervisors. Such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the developer.
(f)
As a condition of granting final approval, the Board of Supervisors
shall require that the developer execute a development agreement with
the Township, in a form acceptable to the Township Solicitor, containing
any conditions attached to the approval of the plan and provisions
that are reasonably required to guarantee the proper installation
of public improvements related to the subdivision and/or land development
and provisions necessary to indemnify the Township in connection therewith.
(5)
Recording of final plan.
(a)
Upon approval of the final plan, the subdivider or developer
shall prepare one reproducible Mylar of the approved plan, which shall
be submitted to the Township within 30 days after approval. Upon satisfaction
of any conditions attached to the approval, the plan will be signed
by the Board of Supervisors. A copy of the signed final plan shall
be recorded in the office of the Washington County Recorder of Deeds
within 90 days after approval of the final plan, or the approval of
the Board of Supervisors shall be null and void. The final plan must
be recorded before proceeding with the sale of lots or construction
of buildings.
(b)
In addition to the plat prepared for recording, the applicant
shall, when required by the Township, submit a computer-readable file
in the form specified by the Township, which shall provide a true
and complete display of the recorded final plat, excepting the surveyor's
seal or signature. The computer-readable file shall be submitted at
the same time the Mylar is submitted for signature by the Board of
Supervisors.
(c)
Recording the final plan shall be an irrevocable offer to dedicate
all streets and other public ways to public use and to dedicate or
reserve all park reservations and other public areas to public use,
unless reserved by the subdivider as hereinafter provided. The approval
of the final plan shall not impose any duty upon the Board of Supervisors
or Township concerning maintenance or improvements by ordinance or
resolution.
(d)
The subdivider shall place a notation on the final plan if there
is no offer of dedication to the public of streets and certain designated
public areas, in which event the title to such areas shall remain
with the owner and the Township shall assume no responsibility for
improvement or maintenance thereof, which fact shall be noted on the
final plan.
D.
Construction plans. Construction plans shall be prepared by an engineer
at a scale no smaller than one inch to 50 feet and shall include the
following information:
(1)
Subdivision name or identifying title;
(2)
North point, bar scale, and date;
(3)
Name and seal of the registered professional engineer responsible
for preparation of the plan;
(4)
Center line of streets, with bearings, distances, curve data, sight
distances and stations corresponding to the profile;
(5)
Right-of-way and curblines of streets, with radii at intersections;
(6)
Beginning and end of proposed construction of streets;
(7)
Tie-ins by course and distances to intersection of all public roads
with their names and widths;
(8)
Location of all monuments and references thereto;
(9)
Property lines and ownership of abutting properties, with details
of easements where required;
(10)
Location and size of all drainage structures, public utilities,
street name signs, and shade trees;
(11)
Location and size of storm and/or sanitary sewer lines with
stations corresponding to the profile;
(12)
Location of storm and/or sanitary sewer manholes or inlets with
grade between and elevation of flow line and top of each manhole or
inlet;
(13)
Location of storm and/or sanitary sewer laterals, wyes, etc.;
(14)
Beginning and end of proposed construction of storm and/or sanitary
sewer;
(15)
Profile of existing ground surface along center line of street;
(16)
Proposed center-line grade of streets with percent of grade
on tangents and elevations at fifty-foot intervals, including grades
at intersections, control points, etc.;
(17)
Vertical curve data of streets, including length, elevations
and sight distance, as required by the Township Engineer;
(18)
Cross sections of proposed streets, showing right-of-way width,
location and width of paving; type, thickness and crown of paving;
type and size of curb; grading of sidewalk area; location, width,
type and thickness of sidewalks; and typical location of sewers and
utilities, with sizes;
(19)
Profile of existing ground surface with elevations at top of
manholes or inlets;
(20)
Profile of storm drain or sewer, showing size of pipe, grade,
cradle (if any), manhole or inlet locations, and elevations at flow
line.
E.
As-built plans.
[Amended 6-6-2016 by Ord. No. 6-2016]
(1)
The subdivider or developer shall furnish the Township with as-built
plans prepared by a registered engineer or surveyor, for sanitary
sewer systems, storm sewer systems, utility systems and street construction
within the subdivision or land development prior to release of performance
escrow. The as-built plans shall include and identify the following:
(a)
The location of the road within the right-of-way (for single-family
subdivision plans).
(b)
Storm sewer systems including inlets with top and invert elevations,
size and type of pipe, and wye locations.
(c)
Sanitary sewer systems including manholes and size and type
of pipe.
(d)
Waterlines and fire hydrants.
(e)
Gas, electric and communication lines.
(f)
Stop signs and other traffic control devices.
(g)
For site plans, in addition to the above, the as-built plans
shall include and identify buildings, parking spaces, paving, lighting
and other appurtenances.
(2)
As a part of the project closeout and dedication of public improvements,
the developer shall provide closed circuit televising of the entire
storm sewer system constructed as a part of the project. Work shall
be completed in accordance with NASCO standards and reports and videos
shall be furnished to the Township Engineer for review. Any Level
4 or 5 defects shall be repaired by the contractor before the roads
and portions storm sewer system are accepted by the Township.
A.
Purpose.
(1)
To regulate the subdivision or development of land within any designated
floodplain area in order to promote the general health, welfare and
safety of the community.
(2)
To require that each subdivision lot in flood-prone areas be provided
with a safe building site with adequate access; and that public facilities
which serve such uses be designated and installed to preclude flood
damage at the time of initial construction.
(3)
To prevent individuals from buying lands which are unsuitable for
use because of flooding by prohibiting the improper subdivision or
development of unprotected lands within the designated floodplain
districts.
B.
Abrogation of greater restrictions. To the extent that this section
imposes greater requirements or more complete disclosure than any
other provisions of this chapter, in any respect, or to the extent
that the provisions of this section are more restrictive than such
other provisions, it shall control such other provisions of this chapter.
C.
Disclaimer of municipal liability. The grant of a permit or approval
of a plan for any proposed subdivision and land development to be
located within any designated floodplain area shall not constitute
a representation, guarantee or warranty of any kind by the Township
or by any official or employee thereof of the practicability or safety
of the proposed use, and shall create no liability upon the Township,
its officials, employees or agents.
D.
Application procedures and requirements.
(1)
Preapplication procedures.
(a)
Prior to the preparation of any plans, it is suggested that
prospective developers consult with the Pennsylvania Department of
Environmental Protection concerning soil suitability when on-site
sewage disposal facilities are proposed.
(b)
Prospective developers shall consult with a County Conservation
District representative concerning erosion and sediment control and
the effect of geologic conditions on the proposed development. At
the same time, a determination should be made as to whether or not
any flood hazards either exist or will be created as a result of the
subdivision or land development.
(2)
Preliminary plan requirements. The following information shall be
required as part of the preliminary plan and shall be prepared by
a registered engineer or surveyor:
(a)
Name of engineer, surveyor or other qualified person responsible
for providing the information required in this section.
(b)
A map showing the location of the proposed subdivision or land
development with respect to any designated floodplain area, including
information on the one-hundred-year flood elevations; boundaries of
the floodplain area; proposed lots and sites; fills, flood or erosion
protective facilities; and areas subject to special deed restrictions.
(c)
Where the subdivision or land development lies partially or
completely within any designated floodplain area, or where the subdivision
or land development borders a floodplain area, the preliminary plan
map shall include detailed information giving the location and elevation
of proposed roads, public utilities, and building sites. All such
maps shall also show contours at intervals of five feet and shall
identify accurately the boundaries of the floodplain areas.
(d)
Such other information as is required by this article.
(3)
Final plan requirements.
(a)
The following information shall be required as part of the final
plan and shall be prepared by a registered engineer or surveyor:
[1]
All information required for the submission of the preliminary
plan, incorporating any changes requested by the Board of Supervisors.
[2]
A map showing the exact location and elevation of all proposed
buildings, structures, roads and public utilities to be constructed
within any designated floodplain area. All such maps shall also show
contours at intervals of five feet and shall identify accurately the
boundaries of the floodplain areas.
(b)
Where any alteration or relocation of a stream or watercourse
is proposed, submission of the final plan shall also be accompanied
by all required permits and related documents from the Department
of Environmental Protection and any other commonwealth agency or local
municipality. In addition, documentation shall be submitted indicating
that all affected adjacent municipalities have been notified in advance
of the proposed alteration or relocation. The Department of Community
and Economic Development and the Federal Insurance Administration
shall also be notified in advance of any such proposed activity, and
proof of such notification shall be submitted in advance of the Planning
Commission meeting at which such plan is to be considered.
In the case of subdivision plat adjustments, as defined by this
chapter, the Director of Planning may exempt the developer from complying
with some of the requirements pertaining to the application for development.
The Planning Commission may take action on the application at a regular
Commission meeting or at times other than a Commission meeting, subject
to the verification by the Director of Planning that the perimeter
boundaries of the original parcel are in conformance with the previously
recorded plan and that the adjusted lots conform to requirements of
this chapter.
A.
Procedures governing waiver.
(1)
Where, owing to special conditions, a literal enforcement of the provisions of Article III, IV and V of this chapter will result in unreasonable hardship, the Board of Supervisors may grant such reasonable waiver thereof in accordance with modern and evolving principles of site planning and land development which are not contrary to the public interest so that the spirit of this chapter shall be observed and substantial justice done. It is not within the jurisdiction of the Zoning Hearing Board to grant waivers to subdivision and land development regulations contained in Article III, IV and V of this chapter.
(2)
It is the intention of this chapter that all newly created lots shall conform to the provisions of this chapter for lot area, lot width and other similar development standards. Variances to these standards may be granted by the Zoning Hearing Board subject to the provisions of the Zoning Chapter, § 240-14A, Variances, or may be obtained through flexible zoning techniques such as planned residential development. It is not within the jurisdiction of the Board of Supervisors to grant variances to zoning regulations.
(3)
A request for any waiver shall be submitted in writing by the applicant to the Township at the time of application for development or as a situation develops. 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 Article III, IV and V of this chapter involved, and the minimum modification necessary.
(4)
Whenever a waiver is requested by the applicant, the Board of Supervisors
shall refer the matter to the Planning Commission for its recommendation.
The Planning Commission shall study the request, make recommendations,
record the recommendations in its minutes, and submit the recommendations
to the Board of Supervisors.
B.
Reconsideration of decision on waiver. Any applicant aggrieved by
a finding or decision of the Board of Supervisors may request and
receive an opportunity to appear, present additional relevant information,
and request reconsideration of the original finding or decision.
C.
Waiver for single nonresidential building land developments.
(1)
When a single nonresidential building or addition thereto is proposed
on a previously recorded single lot of record, the requirement to
record a final land development plan is waived, provided there are
no changes in any lot lines or other information contained on the
previously recorded plan.
(2)
If there is any change in lot lines or any other information contained
on the previously recorded plan or the building is proposed on property
which is not part of a plat of subdivision which has been duly recorded
in the Office of the Recorder of Deeds, recording of a final plat
shall be required. In this case, the location of the single nonresidential
building and any private improvements on the site, such as parking
spaces, landscaping strips, and similar facilities, though required
to be shown on the preliminary plan, shall not be required to be shown
on the final plat for recording.
