[Ord. 158, 3/9/1977; as added by Ord. 452, 5/26/1999]
1. The following land developments shall be exempted from these regulations:
A. The conversion of an existing single-family detached dwelling or
two-family dwelling into not more than three residential units, unless
such units are intended to be a condominium.
B. The addition of buildings accessory to a single-family detached dwelling
or townhouse dwelling, or accessory farm buildings.
C. Any addition or increase to an existing building of no more than
10% of the total floor area or 250 square feet of floor area, either
initially or cumulatively, whichever is less.
D. A nonresidential accessory building with 145 square feet or less
of floor area. Such building shall not displace parking facilities
required for initial land development, and only one such building
shall be permitted per parcel.
2. To ensure compliance with the criteria for exemption, no owner shall
effect a subdivision or land development, unless the owner receives
a certification of exemption. The Zoning Officer shall review the
request for exemption. If satisfied that the above criteria are met,
the Zoning Officer shall issue a written certification of exemption.
If the Zoning Officer finds that any of the criteria are not met,
the Zoning Officer shall notify the owner that the proposed subdivision
or land development is required to comply with all of the procedures
and requirements of this chapter.
[Ord. 158, 3/9/1977; as amended by Ord. 209, 5/9/1984; by Ord. 294, 8/9/1989; by Ord. 328, 4/11/1991; by Ord.
329, 5/8/1991; by Ord. 351, 10/14/1992; by Ord. 372, 10/13/1993; by Ord. 464, 10/11/2000; and by Ord. 501, 12/8/2004]
1. Procedures.
A. The applicant/developer shall submit to the office of the Township
Manager:
(1)
One copy of the application for review of the preliminary subdivision
plan or the preliminary land development plan.
(2)
One Bucks County Planning Commission application form.
(3)
Ten complete sets of the preliminary plan that note the owner
and equitable owner (if applicable).
(4)
Eight copies of the plan limited to proposed site, grading,
drainage, and landscaping.
(5)
Three site plans coupled with three utility plans.
(7)
Five complete copies of the sewage facilities planning module,
or a letter from the Pennsylvania Department of Environmental Protection
(DEP) stating that it is unnecessary.
(8)
One scaled-down print of the plan 8 1/2 inches by 11 inches.
(9)
Six copies of the recorded deed of the property.
(10)
Five erosion control booklets (if applicable).
B. If the submission is incomplete, the Township Manager shall notify
the applicant within seven days and indicate the deficiencies. If
the submission is complete in all respects, including the payment
of all fees, then the Zoning Officer shall issue a dated receipt for
the preliminary plan to the applicant/developer, with copies of said
receipt being forwarded immediately to the Township Manager, Board
of Supervisors and Planning Commission.
C. Immediately, or as soon thereafter as is possible, upon acceptance
of the preliminary plan and any attachments thereto, the Zoning Officer
shall make microfilm records of the preliminary plan, in accordance
with township policy.
D. Upon the discretion of the office of the Township Manager, the above-listed
documents may be distributed to the following:
(1)
Township Planning Commission.
(4)
Bucks County Planning Commission.
(6)
Township Park and Recreation Board.
(9)
Council Rock School District.
(10)
Township Historical Commission.
(12)
Township Arborist, provided that there are existing trees that
are proposed to be protected or saved.
2. Review.
A. Review by Township Engineer. The Township Engineer shall review said
plan, including all engineering considerations therein, and shall
prepare a report addressed to the Township Planning Commission and
to the Township Board of Supervisors with such findings.
B. Review by Township Planning Consultant. If the preliminary plan requires
review by the Township Planning Consultant or Township Planner in
relation to the Comprehensive Plan of the Township, the Township Manager,
Zoning Officer or Chairman of the Planning Commission may direct that
such a review and report be prepared and submitted to the Planning
Commission.
C. Review by Township Planning Commission.
(1)
The Township Planning Commission shall, at a regularly scheduled
meeting, place the preliminary plan upon its agenda for review or
for subsequent review if additional review time is necessary. In the
review and analysis of the preliminary plan, the Planning Commission
may, at its option, refer special technical or legal questions to
the Township Solicitor, Township Engineer or Township Planning Consultant
for specific advice on such technical matters. The applicant/developer
is encouraged to attend any public meeting of the Planning Commission
during which the preliminary plan is to be reviewed.
(2)
The Township Planning Commission shall prepare and submit in
writing to the Board of Township Supervisors its review and recommendations
for the preliminary plan in consideration of the requirements of this
chapter and any reports, engineering data, technical or legal information
received. The review of the preliminary plan by the Bucks County Planning
Commission shall be attached to the report forwarded to the Board
of Supervisors.
D. Review and Action by Township Board of Supervisors.
(1)
Upon receipt of the preliminary plan report from the Township
Planning Commission, the Township Board of Supervisors shall schedule
the preliminary plan on the agenda of a regular meeting. The Board
of Township Supervisors shall render its decision and communicate
this decision to the applicant/developer not later than that time
required by the Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10101 et seq., as may be amended from time to time.
(2)
The Board of Township Supervisors shall make all final decisions
regarding approval, disapproval or conditional approval of any preliminary
plan. In its evaluations, the Board of Supervisors shall give consideration
to this chapter, the Township Planning Commission report, the Bucks
County Planning Commission report, the Township Engineer's report
and any other pertinent data related thereto. The decision of the
Board of Supervisors shall be in writing and shall be delivered to
the applicant/developer personally or by registered mail within 15
days of such decision, or within such time limits as may be required
by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq. Any conditions imposed in the grant of approval shall be accepted
or rejected by the applicant/developer, in writing, to be filed with
the Township within 10 calendar days of receipt of the Board's
written decision. Should the applicant fail to accept or reject such
conditions within such time period, approval of the preliminary plan
shall be automatically rescinded.
(3)
If the preliminary plan is not approved, the denial shall set
forth the specific reasons for disapproval and the manner in which
the application can be corrected or modified to obtain the required
approval. If the preliminary plan is approved or approved with conditions,
the written approval shall notify the applicant/developer of any conditions
of approval and that he may submit a final subdivision plan or final
land development plan. Said final plan may be submitted in its entirety
or in sections, provided that approved preliminary plans for which
a final plan has not been received shall become null and void five
years after the date of preliminary plan approval.
3. Public Hearing. The Board of Township Supervisors may, at its discretion,
schedule, advertise and hold a public hearing for any preliminary
subdivision plan submitted under this chapter.
4. Time Extensions.
A. In many complex major subdivisions and land development plans, there
is frequently a need to extend the ninety-day period prescribed by
law for rendering a decision, particularly when a public hearing is
deemed desirable and when technical changes to the plan are required.
Such an extension may be agreed upon by the Township and the applicant/developer,
provided that such agreement is in writing and is approved by all
parties.
B. When an applicant voluntarily submits a substantially revised plan
because of deficiencies in the original plan or otherwise, the Township
shall have an additional ninety-day period from the date of the filing
of the revised plan to render a decision. Any revised plan submission
shall be accompanied by a Township application form to be filled out
and executed by the applicant.
5. Submission Requirements for Major Subdivision and Land Development
Plans. Each preliminary plan shall show the following or be accompanied
by such supplementary information:
A. The name and address of the applicant/developer and the name and
address of the legal owner; the proposed legal name of the major subdivision
as it is to be recorded or the proposed name of the land development;
and the name and address of the registered professional engineer,
land surveyor or registered architect responsible for preparation
of the plan.
B. A location map or key map showing the location of the site or portion
of the site to be subdivided or developed; all property lines, streets,
roads and other subdivisions or land development within 2,000 feet
of all boundaries of the site; zoning within such areas; and tax map
parcel numbers.
C. A full data column which shall include the following: acreage of
the site; acreage of the site by zoning district; front yard, side
yard, rear yard, lot width and minimum lot area requirements and standards
proposed; dwelling units by type permitted under zoning and proposed
dwelling units by type; permitted density and proposed density by
type of dwelling unit; combined overall dwelling unit density for
the site; area for easements, streets and open space by type, i.e.,
public or private; proposed square footage or area of nonresidential
uses; and required and proposed off-street parking and loading spaces
for intended uses.
D. The proposed method of providing public or private water supply and
sanitary sewage disposal methods, and written certification from the
Municipal Authority showing satisfactory provision of the above at
the time of submission of the final plan.
E. Existing physical or other features including, but not limited to,
the following:
(1)
A physical survey of the parcel to be subdivided or developed,
showing all courses in degrees, minutes and seconds; distances to
hundredths of a foot; physical area; monuments; existing easements
and rights-of-way.
(2)
Contours of the entire tract at not less than two-foot intervals
based on United States Coast and Geodetic Survey datum.
(3)
The location of, names and widths of, streets, curbs and pavement,
public or private; all property lines; and names of owners of tracts
or parcels located within 200 feet of the site.
(4)
All storm drainage, sanitary sewer and public water supply lines
or facilities within 400 feet of the site, and ownership or maintenance
responsibilities for the same.
(5)
All existing buildings or outbuildings to remain or to be removed; tree stands, ponds or water bodies; and the location of the 100-year flood line as determined under the provisions of the Zoning Ordinance [Chapter
27].
F. The preliminary plan sheets shall be drawn to an appropriate engineering
scale so that the maximum sheet size should not exceed 40 inches by
54 inches. All sheets submitted shall be consecutively numbered and
shall be of the same size, where possible. Appropriate sheets shall
contain required signature blocks. All sheets shall show the scale,
date prepared, North point, appropriate legends by symbols or words,
any notes explaining features of the sheet or plan and appropriate
blocks for revisions to each such sheet.
G. The proposed layout of the major subdivision or land development
area, including, where appropriate for either, the following:
(1)
The layout of streets, including width of the streets, alleys
and crosswalks, and soils data.
(2)
The layout and proposed dimensions of lots.
(3)
The arrangement of buildings, fire zones and parking/loading
areas in commercial and multi-family developments, with all necessary
dimensions.
(4)
A BMP operations and maintenance plan in accordance with the requirements of the Northampton Township Stormwater Management and Grading Ordinance [Chapter
23].
(5)
Tentative typical cross sections and center-line profiles for
each proposed street shown on the preliminary plan. These plans may
be submitted as separate sheets.
(6)
Lots for which other than a residential use is intended.
(7)
A landscaping plan, on a separate sheet, showing:
(a)
Existing and proposed grades for the entire site.
(b)
Existing vegetation, including;
3)
Existing vegetation to be preserved,
including:
a) Trunk Locations. When groups of trees are to be pre-served, only
the locations of those trees on the perimeter shall be required.
b) Dripline Locations. When groups of trees are to be preserved, only
the locations of those trees on the perimeter shall be required.
d) Locations and construction details of proposed retaining walls.
e) Any special soil and fill mediums, if applicable.
4)
A proposed planting schedule indicating the locations, species and sizes of plantings as required by §
22-615, Subsection
6.
(8)
For subdivisions, the total area, number of lots, lot area for
each lot and length of proposed streets shall be noted on the plan,
and each residential and nonresidential lot shall be numbered.
(9)
Building setback lines, established by zoning [Chapter
27] or other ordinances.
(10)
Rights-of-way and/or easements proposed to be created for all
drainage purposes, utilities, access or other reasons.
(11)
Where the preliminary plan covers only a part of the applicant's
entire holding, a sketch shall be submitted of the prospective street
layout for the remainder.
(12)
Details of proposed ingress and egress at points of intersection
with existing Township or State roads, including a notation on the
plan showing the horizontal sight distance available at each such
intersection for vehicles leaving the site.
(13)
Proposed and existing lighting fixtures at identified external
intersections and lighting fixtures for internal parking areas and
other public and quasi-public areas including, but not limited to:
(a)
A detailed ten-foot by ten-foot grid showing the horizontal
maintained footcandle levels at grade, to the boundary of the site
or past the boundary until the illumination values reach 0.0 footcandles.
(b)
The minimum, average and maximum maintained illumination levels
for the areas being illuminated, e.g., a parking lot, or for a statistical
area that is typical of the total area. These values are to demonstrate
compliance with the intensity and uniformity requirements of this
ordinance.
(c)
Description of existing and proposed equipment, including:
1)
The mounted height from the lowest point of the fixture to the
finished grade.
2)
Details of how the fixtures are to be mounted.
3)
Details of how lighting will be shielded and the angle of the
shielding, when required.
4)
Details of any building or canopy mounted lighting showing how the technical requirements of §
22-617 of the Subdivision and Land Development Ordinance [Chapter
22] have been met.
[Amended by Ord. No. 611, 8/25/2021]
(14)
The open space requirements for all subdivisions and land developments are contained in the Northampton Township Zoning Ordinance [Chapter
27], as amended, and such requirements shall be reflected on any preliminary plan submitted to the Township.
H. Additional information required for cluster-designed subdivisions, as permitted under Part
9 of the Northampton Township Zoning Ordinance [Chapter
27], shall be as follows:
(1)
A clear designation of the amount and type of open space, public
or private, proposed shall be shown, including the open space ratio
in the data column. Ownership, administration and maintenance of such
open space shall be clearly shown on the preliminary plan or supporting
documents.
(2)
All impervious surface areas shall be calculated and/or shown
on the preliminary plan, including the impervious surface ratio.
(3)
Steep slope areas shall be clearly shown, and the percentage
of slope shall be noted on the plan.
(4)
Lots having physical areas less than the minimum average lot
shall be noted by symbol or in tabular form on the plan.
I. Traffic Impact Study.
(1)
For any major subdivision involving more than 50 dwelling units
or any land development plan involving commercial or industrial uses
exceeding 25,000 square feet of gross leasable floor area, a traffic
impact study shall be prepared and submitted simultaneously with the
preliminary plan. As a minimum, this study shall include the following:
(a)
A calculation of one-way vehicle trips to be generated by each
use (single-family units, townhouses, commercial uses, industrial
uses, etc.) and a combination of all such trips generated within the
limits of the property, expressed in terms of average daily traffic
(ADT) and daily peak hour flow.
(b)
A reasonable assignment of such combined daily and peak hour
trips generated to each point of ingress and egress proposed, including
the directional split of such trips.
(c)
A measured or calculated flow of present traffic on existing
Township or State roads at the point of proposed intersection with
new streets or drives outlined in the preliminary plan. This flow
shall be expressed in terms of average daily traffic (ADT) and peak
hour traffic.
(d)
A statement, drawing or exhibit superimposing traffic to be
generated at the time of full development by the uses shown on the
preliminary plan upon present traffic projected to the date of plan
completion, as expressed in terms of ADT and peak hour flow.
(e)
Conclusions as to the impact of the proposed major subdivision
or land development plan on existing and future traffic, with specific
notation as to the level of service on existing township or state
roads after full development. (Refer to 1965 Highway Capacity Manual,
Highway Research Board, Report No. 87, for level of service.)
(2)
The traffic impact conclusions and intersection analyses shall
be based on maximum peak hour impact at all intersections which would
be substantially affected by the addition of newly generated traffic.
The report shall outline any required street, road or highway improvements
required to sustain a Level of Service C on streets affected by the
preliminary plan development.
J. A written request for modification of any provision of this chapter
because of peculiar conditions pertaining to the land, stating in
full the grounds and facts of unreasonableness or undue hardship on
which the request is based or when an alternative standard can be
demonstrated to provide equal or better results.
[Ord. 158, 3/9/1977; as amended by Ord. 209, 5/9/1984; by Ord. 294, 8/9/1989; by Ord. 388, 10/12/1994; and by Ord. 501, 12/8/2004]
1. Procedures. The review of final plans shall be identical to the procedures outlined in §
22-304, Subsections
1 and
2, for preliminary plan review, except as follows:
A. Any changes, conditions or modifications noted at the time of approval
of the preliminary plan shall be incorporated on the final plan.
B. After review of the final plan and upon certification by the Township Engineer that all changes required as a condition of the final plan approval have been made, the applicant/developer shall submit record plans as specified in §
22-306 of this chapter.
C. In accordance with the provisions of Section 509 of the Municipalities
Planning Code, 53 P.S. § 10509, a final plan shall not be
signed or recorded by the Board of Township Supervisors until the
Township has received a corporate bond, performance bond or other
security acceptable to the Township in an amount equal to that as
outlined by the Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10101 et seq. The Township Solicitor shall review and
advise the Board as to the acceptability of such security. The Township
Engineer shall be responsible for preparing cost estimates for all
improvements required in the final plan or portion thereof being approved
based upon the quantities and items of construction supplied by the
applicant's engineer.
2. Submission requirements for major subdivision and land development plans. The final plan submission requirements shall be identical to the preliminary plan submission requirements outlined in §
22-304, Subsection
5, except that all data shall be in final form and the following additional information shall be required:
A. Construction and improvement drawings in final detail for drainage;
street construction; grading; landscaping; lighting, where required;
cable television lines; erosion controls; water supply and fire hydrants;
sanitary sewers; and appurtenances. Plans, profiles and cross-sections
shall be included.
B. Evidence of approval of the BMP operations and maintenance plan and
the required permits, as received from the Pennsylvania Department
of Environmental Protection, shall be submitted to the Township. In
the event that there is any required change by the Department of Environmental
Protection of said plans, the Township Engineer shall be so notified,
in writing, and a complete resubmission of the final plan shall be
required.
C. Open space maintenance agreements and agreements related to any nonprofit
association shall be submitted to and approved by the Township Solicitor
as a condition of final plan approval.
D. Forms for petition or dedication, if any, may be obtained from the
Township Manager's office.
E. For subdivisions and land developments provided by means other than
private wells owned and maintained by individual lot owners, evidence
that water will be supplied by a certified public utility, by a bona
fide cooperative association of lot owners or by a municipal corporation,
authority or utility shall be provided. A copy of a certificate of
public convenience from the Pennsylvania Public Utilities Commission
or an application for such certificate, a cooperative agreement or
a commitment or agreement to serve the area in question shall be acceptable
evidence.
[Ord. 158, 3/9/1977; as amended by Ord. 209, 5/9/1984; and by Ord. 294, 8/9/1989]
1. The record plan shall be a clear and legible black-line print or
original on white linen. Three such linens and one paper print, being
an exact duplicate of the approved final plan, shall be submitted.
The record plan shall show the following:
A. The seals and signature of the professional who prepared and approved
the plan.
B. Corporate seals, where required.
C. Notarized statement of the owner's intent.
D. The Northampton Township Seal.
E. Certification of ownership and desire to record the plan.
F. The required signatures of township and Township Planning Commission
officials, including the Township Engineer.
G. Additional certifications as may be required for offers of dedication,
guaranties and warranties.
H. Certification by the surveyor or engineer as to the accuracy of the
plan.
I. Certification by the Bucks County Planning Commission of its review
of the plan. Said certification must include the signature of the
Executive Director of the Bucks County Planning Commission or his
designate, indicating that the subdivision or land development was
reviewed by the Bucks County Planning Commission.
2. The record plan shall be filed in the office of the Recorder of Deeds,
Bucks County, Pennsylvania, within 90 days of final plan approval.
[Ord. 158, 3/9/1977; as added by Ord. 350, 9/9/1992; and amended by Ord.
404, 1/24/1996; and by Ord. 443, 12/9/1998]
1. A minor land development is defined in §
22-202 of this chapter.
2. Procedure. Minor land developments require a simplified review procedure
and modified submission requirements.
A. The as-built plans for the original land development plan, as recorded
or as approved in the field by the Township Engineer, shall be presented
with the inclusion of additional information on proposed changes and/or
modifications. These changes and/or modifications shall include, but
not be limited to, the relocation or addition of parking facilities,
additions of accessory buildings and additions or alterations to the
primary building or structure.
B. Prior to minor land development plan approval, the owner/applicant
will file with the Township Manager's office at least 14 print
copies of the plan, prepared by a registered professional engineer
or surveyor, showing all changes as required in Subsection 1A hereof;
and one scaled-down print, 8 1/2 inches by 11 inches, of the
aforesaid plan.
C. The plan shall be reviewed by the Township Engineer, Zoning Officer
and then the Board of Supervisors.
D. Upon approval by the Board of Supervisors, a linen plan shall be
recorded.
[Ord. 158, 3/9/1977]
A fee shall be required for processing and reviewing any sketch
plan, preliminary or final subdivision plan, including a minor subdivision
plan. Fees are also required for processing and reviewing both preliminary
and final land development plans. The fees shall be paid by the applicant/developer
at the time of filing each such plan. The fee schedule for all plans
submitted under this chapter shall be adopted by resolution of the
Board of Township Supervisors and may be amended from time to time.
[Ord. 158, 3/9/1977; as amended by Ord. 211, 5/9/1984, § 118-15]
Prior to the issuance of building permits within any subdivision or land development, an individual lot or parcel grading plan meeting the requirements of the Uniform Construction Code, as amended [Chapter
5, Part
1], shall be required.
[Ord. 158, 3/9/1977]
Prior to the final release of any guaranty required by §
22-404, Subsection
4, the owner shall furnish to the Township complete as-built drawings of all improvements constructed within any subdivision or land development, showing the precise locations and details of all such improvements required by this chapter or as required by the Board of Supervisors at the time of final plan approval. The Township Engineer shall approve such as-built plans prior to acceptance by the Township.