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 so that harmonious development will result. Such coordination shall also pertain to subdivisions or land developments located adjacent to neighboring townships.
Upon the recording of an approved subdivision and/or land development plan, the lot lines, streets, parks and other public improvements shown thereon shall be and become a part of the Official Map of the Township, subject to the provisions of § 305-67.
All work and materials shall be subject to inspection for conformity with the terms of this chapter by the Township's Engineer, Building Inspector, or designated representatives (see also Chapter 292, Stormwater Management).
A.
When any work or materials are determined by the Township's representatives 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's representatives 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's representatives 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's Engineer, Building Inspector or designated representatives.
B.
No underground pipes, works, lines, structures, subgrades or base courses shall be covered until approval of the Township Engineer. If the work has been covered, upon the direction of the Township Engineer, the landowner or developer shall cause the same to be uncovered, at their sole expense, so as to permit the inspection thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 Supervisors, or in lieu thereof, a completion guarantee has been furnished the Township, the purchasers and mortgagees of lots and subsequent landowners in the subdivision or land development shall be relieved of any and all liability for any deficiency in, lack of or failure to complete the said improvements by the landowner or developer, and any 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 Supervisors 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.
The Township Planning Commission may recommend to the Board of Supervisors that the site requirements of this chapter for a subdivision and/or land development be modified or altered in order to encourage or promote energy efficiency and ingenuity in the layout and design of subdivisions and land development; to more effectively protect unique and/or sensitive environmental areas, or to more effectively conform to and further the interests of the purposes of this chapter and Comprehensive Plan, as follows:
A.
With respect to encouraging or promoting energy efficiency and ingenuity in the layout and design of subdivisions and land developments, the Township Planning Commission may recommend modifications to site requirements for, but not limited to, the following types of proposals:
B.
With respect to more effectively protecting various sensitive environmental areas, the Township Planning Commission may recommend modifications to site 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 stands of indigenous vegetation.
(2)
Those which would minimize extensive grading and the displacement of soil.
(3)
Those which would enhance groundwater recharge.
(4)
Those which would minimize surface water runoff and improve the management of stormwater.
(5)
Those which would preserve historic or cultural sites or structures.
(6)
Those which would minimize visibility of development and protect the visual quality of ridges and other exposed areas.
C.
In granting modifications of site requirements to the landowner or developer, the Board of Supervisors 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 Supervisors, if the literal enforcement of the provisions will exact undue hardship because of peculiar conditions pertaining to the land in question, provided such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
(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 Supervisors may authorize a waiver of these regulations. In granting any modification, the Board of Supervisors shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its findings, the Board of Supervisors shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the probable effect of the proposed subdivision and/or upon traffic conditions, fire, police protection and other utilities and services in the vicinity. No modification shall be granted unless the Supervisors find:
(a)
That 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)
That the modification is necessary for the preservation and enjoyment of a substantial property right of the applicant.
(c)
That 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 major subdivision and/or land development proposals and other projects, 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. The EIA report is intended to provide the Township with the information to objectively evaluate potential adverse impacts of a project, and most importantly, to require a mitigation of adverse impacts. The EIA report shall be a means of ensuring that the overall objectives of Chapter 365, Zoning, are met, and that existing features and conditions are not destroyed or degraded. The EIA report is also intended to better address the environmental protection objectives set forth in the Pennsylvania Municipalities Planning Code[1] and Article I, Section 27, of the Constitution of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
An EIA report shall be submitted for the following:
(1)
Any preliminary plan application for a major subdivision and/or land development which involves five lots or more or five dwelling units or more.
(2)
Any application for tentative and final plan approval for a planned residential development.
(3)
Any proposed development governed by the conditional use or special exception provisions of Chapter 365, Zoning.
(4)
Any application for preliminary and final plan approval in the R-5 Retirement Residence District.
(5)
Any application for preliminary and final plan approval in the C-2 Highway Commercial District, C-3 Planned Commercial-Light Industrial District, the POC Planned Office Center District, or the LI Light Industrial District.
(6)
Any other application for development as determined by the Board of Supervisors.
C.
An updated EIA report shall accompany and form a part of the final plan for any of the above.
D.
The EIA report shall contain text, tables, maps and analyses which document the probable impact resulting from the proposed subdivision and/or land development, and the mitigation proposed to offset the impacts, in accordance with the format and content outline specified below.
E.
Seventeen copies of the EIA report shall be submitted. Within the EIA report, specific emphasis shall be directed toward the proposed effects of the project 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 2,500 feet of any part of the lot. In the case of development of a section of the entire lot, the location map shall also show the relationship of the section to the entire lot.
(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 proposal 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 lot 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 Articles V and VI.
(b)
Floor plans and elevations depicting the proposed size, square footage, height, number of rooms (where applicable) of buildings and/or other structures.
(c)
A statement indicating the existing and proposed ownership of the lot 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 lot, including such features as 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 lot. 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 lot. Such map shall contain contours with at least two-foot intervals and shall depict slopes ranging from 0% to 15%, 15% to 25%, and greater than 25%.
(c)
A map depicting the soil characteristics of the lot. 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, flood hazard potential and limitations for septic tank filter fields.
(d)
A map depicting the hydrological characteristics of the lot. 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, wetlands, ponds, lakes, and other natural bodies of water, springs, 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 lot, 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 lot. Such map shall define the locations and boundaries of the woodland and forest areas, riparian forest buffers of the tract, hedgerows and shall note the types of vegetation associations which exist in terms of their species, types and sizes. In addition, all trees eight inches DBH or greater shall be accurately located on the map either as freestanding trees or as tree masses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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 lot, such as current and past use, land cover and encumbrances, and the relationship of these to adjacent lots. 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 lot. 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 lot. Such map shall define easements, rights-of-way and other areas where certain use privileges exist.
(c)
A map depicting the land uses adjacent to the proposed lot. Such map may be at the same scale as the location map.
(d)
A map depicting all existing and proposed trails and connections.
(e)
A map depicting all existing historic resources.
(7)
An identification of the historic resources associated with the lot, 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 and the Historic American Building Survey, the Historic Resources Map and list of historic resources referenced thereon contained in Appendix N[2] of this of this chapter, 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.
[2]
Editor's Note: Appendix N, consisting of N-1, Historic Resources Map and N-2, List of Historic Resources of Edgmont Township, is on file in the Township office.
(8)
An identification of the visual resources associated with the lot, 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 project. 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 and postal services) 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 lot(s) 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 project. 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 lot(s); the need for additional or expanded utility installations; the ability to achieve a safe, reliable and adequate system quantity of potable water whenever individual wells are proposed; the ability to achieve an adequate system for on-lot sewage disposal whenever such a system is proposed; 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 project 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 project including their relationship to existing traffic volumes on existing streets for both peak-hour and non-peak-hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed project and what improvements are proposed to remedy any physical deficiencies. All of the foregoing shall also adhere to the provisions of § 305-40B, Traffic impact mitigation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(12)
An identification of the social and demographic characteristics related to the proposed project. The characteristics which shall be presented in narrative form shall include a profile of the future users and/or residents of the lot(s), including information such as the number of people expected to work or live.
(13)
An identification of the economic and fiscal characteristics related to the proposed project. 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 project 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, fire and explosion, smoke, dust, fumes, vapors and gases and/or radioactive materials.
(15)
An identification of compliance with the environmental controls as required in § 305-40B, Traffic impact mitigation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(16)
An assessment of the implications of the proposed project in terms of: the type of beneficial or adverse effects which may result from it; the duration of these effects in terms of their short-term or long-term nature; and, whether the effects are primary or secondary in nature. To indicate such effects, there shall be a discussion of the implications of the proposed project to the resources, conditions and characteristics described in Subsections E(6) through (15) in this section. 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 through the use of a map drawn at a scale of not more than 100 feet to the inch, wherein the areas adversely affected from proposed project 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 the plan for the project.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(17)
Alternatives to the proposed subdivision and/or land development. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form. The applicant shall comment on how alternatives such as revised location, redesign, lay out or siting of buildings, roads and other structures; revised lot arrangement in a more compact manner with designated open space, alternate methods for sewage disposal and water supply; reduction in the size of proposed structures or number of structures; and the like would preclude, reduce or lessen potential adverse impact or procedure beneficial effects.
(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 soil 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 project are those related to efforts such as revegetation, screening, buffering, fencing and berming; emission control, traffic control, fire protection and noise control; relocation or reduction of lots, buildings, roads or other structures; the protection of natural features as permanent open space through the compact design of lots and buildings; reduction in the size of proposed structures; alternate methods for sewage disposal and water supply; 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 quantity of loss and related qualitative effects.
(21)
An identification of the recreational and open space resources located on or adjacent to the proposed project included on the Recreation, Park and Open Space Plan contained in Appendix M of this chapter, including a narrative description of such resources.[3]
[3]
Editor's Note: Appendix M-1, Comprehensive Recreation, Park and Open Space Plan, is on file in the Township office.
F.
In making its evaluation, the Board of Supervisors and/or the Planning Commission may request any additional information it deems necessary to adequately assess potential environmental impacts. Further, whenever any information required in § 305-77E above is not applicable to the proposed project, the applicant shall indicate such inapplicability 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
The EIA report shall be prepared by an engineer, architect, landscape architect or land planner.