[Ord. No. 477, 5/11/2021]
To protect the safety, capacity, and efficiency of the Township's
existing infrastructure systems; to maintain fiscal responsibility;
and to uphold the objectives of the Comprehensive Plan, all rezoning
applications shall be required to prepare a series of plans, analyses,
and reports to demonstrate the compatibility of a rezoning proposal.
[Ord. No. 477, 5/11/2021]
1.
All rezoning applications shall be completed on the official forms
provided by the Director of Community Development. Each plan, analysis,
and report shall be completed in accordance with the requirements
defined in the SALDO,[1] unless otherwise specified by the Director of Community
Development.
2.
Rezoning applications are a legislative function. If an individual
property owner requests a rezoning of their property, the Township
Board of Supervisors is not required to hold a public hearing.
[Ord. No. 477, 5/11/2021]
Upon receipt of a rezoning application, the Director of Community
Development will review the package for completeness. If the Director
of Community Development finds the application to be incomplete or
insufficient, the rezoning application will be returned to the applicant.
The Planning Commission and Board of Supervisors, as part of the rezoning
approval process, will consider the conclusions of each plan, analysis
and report.
[Ord. No. 477, 5/11/2021]
There are two categories of rezoning applications: minor and
major. Minor and major rezoning applications are differentiated based
on the size of the area to be rezoned and the anticipated fiscal,
physical, environmental, and social impacts on the Township.
1.
Minor Applications. Minor rezoning applications are expected to have
a lesser impact on the traffic, fiscal resources, and existing physical
and environmental character of the Township. Rezoning applications
meeting either of the following criteria are eligible for the minor
application:
A.
The rezoning of a nonresidential parcel, or contiguous parcel(s), that totals one acre or less and is not located on one of the Township's primary roadways as specified in § 27-305 of this chapter.
B.
The rezoning of an existing residential parcel, or contiguous parcel(s),
that totals 10 acres or less to either the R-1 or R-2 Zoning Districts.
3.
Application Requirements. The following Table outlines the plans, analyses and reports that a landowner and/or developer shall submit as part of minor or major rezoning applications. The specific details, requirements and criteria for the contents of each of these plans, analyses and reports is defined in § 27-1605.
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Table 19: Rezoning Requirements
| ||
|---|---|---|
|
Plans, Analyses, and Reports
|
Minor Application
|
Major Application
|
|
Preliminary plat
|
X
|
X
|
|
Topographic survey
|
X
|
X
|
|
Site conditions report
|
X
|
X
|
|
Infrastructure demand statement
|
X
|
X
|
|
Conceptual development plan
|
X
| |
|
Buildable area analysis
|
X
| |
|
Fiscal impact analysis
|
X
| |
|
Slope stability investigation
|
X
| |
|
Phase One environmental assessment
|
X
| |
|
Traffic report
|
X
| |
[Ord. No. 477, 5/11/2021]
The plans, analyses, and reports to be submitted as part of a minor application shall include Subsections 1 through 4 of § 27-1605; a major application shall include Subsections 1 through 10 of § 1605.
2.
Topographic Survey. Contours shall be illustrated at intervals of
elevation of not more than five feet where the slope is greater than
10% and at intervals of not more than two feet where the slope is
10% or less.
3.
Site Conditions Report. The applicant shall describe the following
existing characteristics about the site proposed for development.
A.
Total site acreage.
B.
Existing zoning district(s), land use(s) and covenants.
C.
Existing land characteristics, including general topographic form,
site accessibility, length of public road frontage, pattern, and density
of vegetative cover, significant adjacent and long-range views to
and from the site, hydrological patterns.
D.
Relationship of proposed subdivision to adjoining, existing and proposed
community facilities which serve or influence the site; available
utilities; number of lots and acreage; business areas; playgrounds;
main traffic arteries; elementary and high schools; and street improvements.
E.
Reservations, if any, by the landowner and/or developer of any area
designed for use as public grounds shall be suitable size and location
for designated uses.
F.
Land which is subject to flooding, subsidence or underground fires
either shall be made safe for the purpose for which such land is proposed
to be used, or that such land shall be set aside for use which shall
not endanger life or lot, or further aggravate or increase existing
menace.
G.
A copy of the option agreement or certificate of title shall be submitted
as evidence of the applicant's interest in the lot.
4.
Infrastructure Demand Statement.
A.
The infrastructure demand statement shall be submitted to the Township,
containing the following information:
(1)
Predevelopment data for overall Township demand.
(2)
Estimated gallons of sanitary sewage created per average day.
(3)
Estimated gallons of potable water consumed/utilized per average
day.
(4)
Estimated number of school age children.
(5)
Estimated total residents and/or employees.
(6)
Post-development data for overall Township demand.
(7)
Estimated gallons of sanitary sewage created per average day.
(8)
Estimated gallons of potable water consumed/utilized per average
day.
(9)
Estimated number of school age children.
(10)
Estimated total residents and/or employees.
7.
Fiscal Impact Analysis. An evaluation providing the following information
shall be completed:
A.
Potential municipal and school district tax generation of the proposed
development.
B.
Population projections including the number of school-aged children
at build-out of the proposed development.
C.
Length of road to be dedicated to the Township.
D.
Length of sewer and water lines to be dedicated to the Township.
E.
The Township will evaluate the proposed development of the proposed
zoning in relationship to the potential development in the existing
zoning.
9.
Phase One Environmental Assessment.
A.
Purpose. An environmental site assessment evaluates whether a property
is likely to have suffered environmental degradation. It involves
nonintrusive investigative techniques to establish whether the property
is likely to be contaminated and, if so, to initiate the next level
of environment assessment.
10.
Traffic Report. To complete a traffic network analysis, a rezoning
applicant shall provide the following:
A.
Any proposed zoning change, which will generate, on the average,
100 or more trips in addition to the adjacent roadways' peak hour
volumes shall be required to have a traffic network analysis completed
as part of the development. The estimated number of trips shall be
determined by an analysis of similar uses through data collected by
the ITE or through studies of similar uses acceptable by the Township.
The estimated trips shall be based upon the highest permitted traffic
generation in the proposed zoning district.
B.
In cases where known traffic deficiencies exist in the area of the
proposed development or change in use, the Township may require a
traffic network analysis for zoning changes in uses generating less
than 100 additional vehicle trips during peak hours. The Township
may waive the requirement for an individual development or change
in use, where said development or change in use was incorporated as
part of a previously approved traffic impact study.
(1)
Prior to beginning a traffic network analysis, a rezoning applicant
shall submit a proposed scope of services to the Director of Community
Development for review and approval. The traffic network analysis
shall include the following if determined appropriate by the Township:
(a)
A brief description of the proposed zoning change in terms of
land use and magnitude.
(b)
An inventory and analysis of existing roadway and traffic conditions
in the site environs including:
(c)
Roadway network and traffic control.
(d)
Existing traffic volumes in terms of peak hours and average
daily traffic (ADT).
(e)
Planned roadway improvements by others.
(f)
Intersection LOS.
(g)
Other measures of roadway adequacy; i.e., lane widths, traffic
signal warrants, vehicle studies, etc.
(3)
An analysis of future traffic conditions, including:
(a)
Future opening year combined traffic volumes (site traffic plus
future background roadway traffic). Opening year is the projected
year of opening for the proposed development or change in use.
(b)
Future design year, or years, with phasing, combined traffic
volumes (site traffic plus future roadway traffic). Design year is
projected to 10 years beyond the expected opening year of the development
or change in use.
(c)
Intersection LOS for opening year conditions and design year
conditions.
(d)
Roadway LOS on roadway segments within the defined study.
(e)
A pavement analysis of roadways which are projected to experience
significant increase in ADT volumes off-site.
(f)
Other measures of roadway adequacy; i.e., lane widths, traffic
signal warrants, vehicle delay studies, etc.
(g)
When access is onto a state road, the analysis of future conditions
shall be consistent with PennDOT requirements.
(4)
Description of future LOS and their compliance with standards
for traffic capacity of streets, intersections and driveways. New
streets shall be designed for adequate traffic capacity defined as
follows. All reference to LOS shall be defined by the Highway Capacity
Manual, published by Transportation Research Board. These standards
may be waived by the Township if sufficient evidence is provided that
the criteria cannot be met with reasonable mitigation.
(a)
Traffic capacity LOS shall be based upon both future opening
year and design year analysis.
(b)
New or modified (a new approach created) unsignalized intersections
or driveways which intersect streets shall be designed for LOS C or
better for each traffic movement unless otherwise specified by the
Township.
(c)
New or modified (a new approach created) signalized intersections
shall be designed for LOS C or better for each traffic movement, unless
otherwise specified by the Township.
(d)
Existing intersections impacted by development traffic shall
maintain a minimum LOS D for each traffic movement, or, if future
base (without development traffic) LOS is E, then mitigation shall
be made to maintain LOS E with development traffic. If future base
LOS is F, then degradation in delays shall be mitigated.
(e)
Existing roadway segments impacted by development traffic shall
maintain a minimum LOS D for each direction, or, if future base (without
development traffic) LOS is E or F, then degradations in LOS shall
be mitigated.
(5)
A description and analysis of the proposed access plan and land
development plan including:
(a)
Access plan, including analysis of required sight distances
using PennDOT criteria and description of access roadway, location,
geometric conditions and traffic control.
(b)
On-site circulation plan showing parking locations and dimension,
loading access, circulation roadway and traffic control.
(c)
A traffic circulation mitigating action plan shall include:
(d)
Project features relative to site access and on-site circulation
which could be modified to maximize positive impact or minimize negative
impact.
(e)
Off-site improvement plan depicting required roadway and signal
installation and signing improvements to meet the minimum level of
service requirements.
[Ord. No. 477, 5/11/2021]
The Planning Commission and/or Board of Supervisors reserves
the right to request additional information as part of the review
and approval process.
[Ord. No. 477, 5/11/2021]
1.
General. The Board of Supervisors may introduce and consider amendments
to this chapter and to the Official Zoning Map as proposed by a Supervisor,
by the Planning Commission, or by a petition of a landowner within
the Township.
2.
Petitions. Petitions for amendment shall be filed with the Planning
Commission, and the petitioner, upon such filing, shall pay an advertising
deposit and a filing fee in accordance with a schedule affixed from
time to time by resolution of the Board of Supervisors. The Planning
Commission shall review the proposed amendment and report its findings
and recommendations in writing to the Board of Supervisors and to
the Petitioner.
3.
Referral.
A.
Referral to Planning Commission. Any proposed amendment introduced
by a Supervisor without written findings and recommendations from
the Planning Commission shall be referred to the Planning Commission
for review at least 30 days prior to public hearing by the Township.
The Planning Commission shall report its findings and recommendations,
in writing, to the Board of Supervisors within such reasonable time
prior to the public hearing as the Board of Supervisors may specify
in the referring action.
B.
Referral to County Planning Agency. The proposed amendment shall
be submitted to the County Planning Agency for recommendations at
least 30 days prior to the public hearing on the amendment by the
Board of Supervisors.
4.
Posting of Property. In the case where a proposed amendment involves
the rezoning of a lot, a minimum of five public notices or a number
otherwise defined by the Director of Community Development shall be
posted in conspicuous locations on and around the affected lot for
a minimum of seven days prior to the date of the public hearing.
5.
Action.
A.
Before acting upon a proposed amendment, the Board of Supervisors
shall hold a public hearing thereon.
(1)
Notice of such public hearing, containing a brief summary of
the proposed amendment and a reference to the place where copies of
the same may be examined, shall be published once each week for two
successive weeks in a newspaper of general circulation in the Township.
The first publication shall be no more than 30 days and the second
notice shall be not less seven days prior to the date of hearing.
(2)
Publication of the proposed ordinance or amendment shall include
either the full text thereof or the title and a brief summary, prepared
by the Township Solicitor and setting forth all the prevision in reasonable
detail. If the full text is not included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time the public notice is published.
(b)
An attested copy of the proposed ordinance shall be filed in
the county law library or other county office designated by the Allegheny
County Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
B.
In addition to the requirement that notice be posted in accordance with Subsection 5A above, where the proposed amendment involves an Official Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection.
C.
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised, to include land
previously not affected by it, the Board of Supervisors shall hold
another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
(1)
The Board of Supervisors shall, at least 10 days prior to enactment,
readvertise, in one newspaper of general circulation in the Township
a brief summary setting forth all the provisions in reasonable detail
together with a summary of the amendments.
6.
Mediation. The Township may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Township and the mediating parties shall meet the stipulations and follow the procedures set forth in § 27-1519 of this chapter.
7.
Filing Amendment with County Planning Agency. Within 30 days after
enactment, a copy of the amendment to this chapter shall be forwarded
to the County Planning Agency.
8.
Landowner Curative Amendments.
A.
A landowner who desires to challenge on substantive grounds the validity
of a zoning ordinance or map or any provision thereof which prohibits
or restricts the use or development of land in which he has an interest
may submit a curative amendment to the Board of Supervisors with a
written request that his challenge and proposed amendment be heard
and decided in accordance with Section 916.1 of the MPC, 53 P.S. § 10916.1,
as amended.
B.
All procedures regarding landowner curative amendments shall be conducted
in accordance with Section 609.1 of the MPC, 53 P.S. § 10609.1,
as amended.
9.
Municipal Curative Amendments. If the Board of Supervisors determines
that this chapter or a portion thereof is substantially invalid, it
may implement the procedure for municipal curative amendments provided
for in Section 609.2 of the MPC, 53 P.S. § 10609.2, as amended.
