The Township has adopted the procedures set forth herein which
shall be observed by all applicants, developers, and their agents.
A. Authority for plan approval. Final authority for approval or denial
of all subdivision and land development plans is vested in the Township
Board of Supervisors in accordance with the procedures set forth herein.
Prior to action by the Board, all plans shall be referred for review
and recommendation to the Township Planning Commission, the Township
Engineer, the Township Solicitor, and such other agencies, bodies,
committees, boards, commissions, consultants, etc., as deemed pertinent
by the Board or as required by law. However, the failure to make such
referral and/or the failure by any reviewing party to review and/or
make recommendation with respect to any plan shall not affect the
validity of any action taken by the Board with respect to such plan.
B. Plan classification. All applications filed pursuant to this chapter
shall be classified as either a major subdivision or land development
or minor subdivision as defined below:
(1)
Minor subdivision: any of the following:
(a)
Any plan providing for lot line adjustment where all of the criteria set forth in Subsection
B(1)(c) apply;
(b)
Any plan providing for a rejoining of lots where all of the criteria set forth in Subsection
B(1)(c) apply;
(c)
Any subdivision in which all of the following apply:
[1]
No public or private road is proposed to be constructed; and
[2]
No public improvement is required other than as may relate to
road widening where required by the Township, on-lot stormwater management
systems or sewer or water lines serving individual lot(s); and
[3]
No more than five residential lots or dwelling units or no more
than five agricultural lots, including those with principal residential
dwelling units, shall result from any subdivision including any residual
portion of the parent tract, nor from the cumulative result of more
than one subdivision of the same parent tract occurring after the
date of adoption of this section, excluding subdivision of lots or
parcels permanently restricted to agricultural or open space use;
or
[4]
A condominium subdivision is proposed, regardless of number
of condominium units, where all other stipulations of this section
are met; and
[5]
The potential future subdivision or land development of any
remaining portion of the parent tract shall be provided for and not
adversely affected by the subject plan.
(2)
Major subdivision or land development. Any:
(a)
Nonresidential or nonagricultural land development application;
or
(b)
Any other subdivision or land development application not classified
as minor as provided above.
C. Overview of plan submission and review process. The following plan review steps are used in Pennsbury Township. Plan contents shall be as set forth in Article
IV and the number of plan sets to be submitted is as specified in the Pennsbury Subdivision and Land Development Submission Checklist in effect at the time of submission.
|
Minor Subdivision
|
Major Subdivision or Land Development
|
---|
Preapplication meeting
|
Recommended
|
Recommended
|
Initial sketch submission, intended to guide following steps
and not invoking any review time limitations
|
Recommended
|
Recommended
|
Existing resources and site analysis plan (ERSAP)
|
Recommended to the extent applicable
|
Required
|
Site visit with Township representatives
|
Recommended
|
Recommended
|
Four-step design process
|
Recommended to the extent applicable
|
Required
|
Formal sketch plan, reflecting steps above
|
Recommended
|
Recommended
|
Preliminary plan
|
Not required
|
Required
|
Final plan
|
Required
|
Required
|
D. MPC requirements. Preliminary and final plans shall be reviewed in
accordance with the requirements of the MPC and as set forth herein.
E. Access for purposes of plan review. The owner of the parcel of land
to be subdivided or developed shall, as part of the initial submission,
submit a written statement on a form provided by Pennsbury Township
granting the Pennsbury Township Board of Supervisors, its authorized
agents and representatives, the Planning Commission, the Township
Engineer, the Township Solicitor, other Township agencies, bodies,
committees, boards, commissions, consultants, etc., and the representatives
of the County and municipal departments and agencies having responsibility
for review and/or approval under this chapter, the right to enter
the parcel of land for the purpose of inspection and enforcement of
the requirements, terms, and conditions herein. The written statement
form provided by the Township shall include, among other things, that
site visits shall be by appointment scheduled with the applicant.
F. Plan review by adjacent municipalities.
(1)
Any plan applications involving tracts of land along the Township's
boundary shall include one additional complete set of plans and documentation
which shall be forwarded by the Township to the adjacent municipality
with a request for comments, if any, within 45 days.
(2)
The Township may solicit comments from an adjacent municipality
even if the plan is not on the boundary of the Township where a plan,
in the opinion of the Township, affects the adjacent municipality,
in which case additional plan sets may be required.
(3)
When comments are solicited from any adjacent municipality,
the Planning Commission and the Board of Supervisors shall review
the reports from the adjacent municipality as part of the plan review
process.
G. Required notification of surrounding property owners.
(1)
All applicants for major subdivision or land development approval
shall provide the following notification:
(a)
Written notice, pursuant to Subsection
G(3) below, to all individuals or entities who own real estate of the pendency of the application, where any portion of such real estate is adjacent to or within 500 feet of the proposed major subdivision or land development;
(b)
Posted notice in one or more prominent locations along public roads abutting the subject tract pursuant to Subsection
G(4) below.
(2)
All applicants for minor subdivision approval shall notify in writing all individuals or entities who own adjacent real estate, including property all or partly within adjacent municipalities, of the pendency of such minor subdivision or land development proposal pursuant to Subsection
G(3) below.
(3)
Required written notice.
(a)
Required written notice shall be made by certified mail, return
receipt requested, to the pertinent landowner's last known address
within 15 days of the submission of the preliminary plan for major
subdivisions or land development applications or of the final plan
for minor subdivision applications. The address on the tax rolls shall
be considered the last known address.
(b)
Verification of mailing, including a copy of the names, addresses
and tax parcel numbers of each person to whom the notice was mailed,
including copies of the appropriate return receipts from registered
mail, shall be delivered to the Township within 30 days of pertinent
plan submission.
(c)
Until the Township receives the required verification of mailing,
the Township shall be under no obligation to place the application
on the agenda for any committee, commission or board for discussion
and/or action.
(d)
If for any reason the pertinent plan application as filed is
substantially changed so as to be considered a new filing, the notification
requirement shall be reinitiated.
(e)
The Township shall not be obligated to provide affected landowners
with written notice of meetings held on the application except as
may be required by any other legal authority. The failure of any person
or entity to receive notice given pursuant to this section shall not
constitute grounds for any court to invalidate any action of the Township
for which the notice was given.
(4)
Required posted notice.
(a)
Posted notice. The applicant shall erect posted notice sign(s)
on all subject properties within one week of official filing of the
proposed major subdivision or land development.
(b)
The posted sign shall be placed in a conspicuous location (no
greater than 10 feet from the right-of-way), one along each adjacent
right-of-way, and shall be perpendicular to the street so as to be
clearly visible to the public. The Township shall have the discretion
to require the applicant to move the posted sign to a more acceptable
location if it is determined by the Township that the location is
inappropriate for public viewing. The Township shall also have the
discretion to permit only one posted sign on corner lots.
(c)
Each required posted sign shall be double-faced, and each side
shall consist of a two-foot-by-three-foot laminated sign with a yellow
background with two-inch black lettering in a sans serif typeface.
If a posted sign already exists at the site, the notice may be affixed
to the existing sign.
(d)
Each required posted sign shall depict the lot configuration
of residential applications or building footprint with square footage,
paving and landscaping in the case of nonresidential applications.
The applicant's name and phone number, the name of the plan,
the application number, and the tax parcel number(s) shall be prominently
displayed on the plan. In addition, the Township's phone number
shall appear on the sign so that residents can obtain information
on the date, time and location of the first meeting at which the Planning
Commission will discuss the plan. The applicant shall be responsible
to clean or replace any posted sign (no more than once) which has
been defaced to the extent that the information to be conveyed is
no longer legible.
(e)
Failure of any such posted notice to remain in place after the
notice has been posted shall not be deemed a failure to comply with
these standards or be grounds to challenge the validity of any decision
made on the application unless the notice was removed by the applicant
or at his or her direction.
(f)
The applicant shall remove the posted sign no later than 10
days after the final meeting at which the plan has been either approved
or denied by the Board of Supervisors or the plan has been withdrawn
by the applicant.
(g)
If a plan is substantially revised to the point where it constitutes
a new plan and requires a new submission, that plan shall be reposted
in accordance with the above procedure.
H. Refiling of plans may be considered new plan submission. Any plan
which meets any one of the criteria below shall be considered to be
a new plan and shall be accompanied by an application, appropriate
fees and all required information.
(1)
A plan which is submitted after a previous plan for the same
property has been withdrawn shall constitute a new plan.
(2)
A plan which is submitted after a plan for the same property
has been approved or rejected shall constitute a new plan.
(3)
A plan which is resubmitted during the course of plan review
by the Township and is deemed by the Township to contain a substantially
altered lot layout, road configuration, building location(s) or use,
for the same land that was involved in a prior plan submission, shall
constitute a new plan, unless the Township, at its discretion, agrees
that revisions to the originally submitted plan have been in full
response to revisions requested by the Township or its consultants.
I. Multiple plans for the same property may be processed simultaneously.
However, each such plan shall be considered an independent plan in
terms of the application process and the established time line for
review, and each application shall be accompanied by all appropriate
fees, application forms and documentation required by this chapter.
It is the policy of Pennsbury Township that the following preapplication planning and design procedures be undertaken to promote mutual understanding among Township and Applicant representatives regarding resource protection and development objectives, to enhance the ability of the Township to review and act on any application in a timely fashion, and to reduce expenditure which may result from otherwise unnecessary repetitive submission of engineered plans. All steps taken prior to preliminary plan submission (or preliminary/final plan submission in the case of a minor plan), while strongly recommended, are formally voluntary on the part of the applicant. In no case shall the date of any submission prior to submission of a complete preliminary or preliminary/final plan, as applicable, constitute the date upon which any applicable legal review period is based, as defined in §
138-303C(4), nor shall any such submission impose any formal requirement for review or action on the part of the Township.
A. Preapplication meeting. Prior to any formal plan submission, applicants
for any minor subdivision or any major subdivision or land development
are encouraged to schedule a preapplication meeting with representative(s)
designated by the Township (e.g., Township Engineer). The purpose
of the preapplication meeting, which shall occur at no cost to the
applicant, is to inform the applicant of the pertinent Township planning
objectives and applicable regulations and procedures, and to discuss
the applicant's objectives.
B. Initial concept submission. At the time of the preapplication meeting,
applicants for any subdivision or land development are encouraged
to submit an initial informal concept drawing of development plans,
to enable Township representative(s) to better understand the applicant's
intentions as well as enabling Township representative(s) to better
inform the applicant of applicable Township regulation, policy, and
planning initiatives. This initial concept shall not be subject to
specific submission format requirements. It may be hand-drawn, ideally
on a scaled base plan or aerial photograph of sufficient size to be
easily legible.
C. Existing resources and site analysis plan. At the time of the initial concept submission, applicants for any subdivision or land development are encouraged to provide an Existing Resources and Site Analysis Plan (ERSAP) to the Township, as provided in Article
IV. The purpose of the ERSAP is to familiarize Township representatives with existing conditions on the applicant's property and within its immediate vicinity, and to provide a complete and factual reference for a site visit and a basis for planning and design that is consistent with the Township's natural and cultural resource protection and design objectives. The ERSAP is not formally required at the time of initial concept submission, but is very useful and may make use of existing published information. The ERSAP is required, at the latest, at the time of preliminary plan submittal.
D. Site visit.
(1)
Prior to any formal plan submission, applicants for any subdivision or land development are encouraged to schedule an on-site visit to the subject property with representative(s) designated by the Township (e.g., Township Engineer, Planning Commission members). If not previously completed, a site visit shall be scheduled once preliminary or preliminary/final plans, as applicable, are filed in accordance with §
138-303 or
138-304, as applicable.
(2)
Applicants are encouraged to accompany Township representatives
on these site visits. The purpose of the site visit is to familiarize
Township representatives with the property's existing conditions
and special features, to identify potential site design issues and
to provide an informal opportunity to discuss site design concepts,
including the general layout of open space, undisturbed areas and
landscaped areas, potential locations for proposed buildings and road
alignments, stormwater management concepts and the protection of natural
and cultural (including historical and archeological) resources. Comments
made by the Township or its staff and consultants or other representatives
on site visits are only advisory and shall not be binding on either
the Township or the applicant.
E. Four-step design process. All applicants for major subdivision or
land development approval shall be required to use the following four-step
design process to assist in determining the most suitable approach
to development of the subject site and are encouraged to do so as
early in the planning process as possible, while not formally required
at the time of initial concept plan submittal. The layout of lots
or development shall be designed so that areas or features identified
as being important in the ERSAP or upon the site visit are preserved
to the greatest extent practicable and the areas of secondary importance
are used for development. The steps in the four-step design process
are as follows:
(1)
Step 1: Establishment of Site Context and Delineation of Resources
to be left undisturbed, protected, or incorporated into development
plans.
(a)
Site resources and open areas proposed to be left undisturbed
or incorporated into development plans shall be identified and described
based on review and assessment of mapping and other information in
the ERSAP, including for example and not limited to: open space, woodlands
and other significant vegetation, steep slopes, wetlands, riparian
buffers, flood zones, scenic views, historic, archeological and recreational
resources, as relevant. The preapplication meeting and the site visit,
if applicable, should be used to assign relative value to such areas,
assess relative sensitivity to development impacts, and determine
those features and areas most desirable for conservation.
(b)
The areas that are identified at this stage of the design process
as appropriately left open and undisturbed shall take into account
functional considerations such as stormwater management considerations
and suitability for groundwater recharge and infiltration, wherever
feasible.
(c)
Areas identified as appropriately left open and undisturbed
need not formally be designated or set aside as open space unless
open space designation is required in accordance with applicable provisions
of Township ordinances, nor shall such areas be deducted from any
permitted density calculation or impervious cover limitation except
as may be provided in the Zoning Ordinance. The primary purpose of
designation of areas to be left open and undisturbed is to guide ultimate
location of structural development and related land disturbance.
(d)
Special design considerations relative to structural placement and landscape treatment shall be identified based on review of the Pennsbury Township Comprehensive Plan and Chapter
162, Zoning, as applicable, as well as an assessment of relevant relationships to neighboring properties.
(2)
Step 2: Delineation of primary development areas, location of
structures and alignment of infrastructure: roads, trails, utilities,
and stormwater management.
(a)
Primary development areas, including potential building area(s)
and zones of land disturbance, shall be identified initially on the
basis of lands remaining after identification of areas appropriately
left open and undisturbed in Step 1 above. While ultimate development
plans shall avoid disturbance of areas identified as appropriately
left open and undisturbed to the greatest degree practicable, it is
recognized that potential development consistent with applicable zoning
provisions and otherwise consistent with the provisions of this chapter
may not practicably avoid all such areas. Identification of additional
development area, where necessary, shall be made on the basis of those
areas assigned lower relative resource protection value or relative
sensitivity to development impacts in accordance with Step 1(a), above.
The conservation of historic resources may include their incorporation
into development plans.
(b)
Identification of building locations and related disturbance
areas shall conform to development areas designated per Step 2(a),
above.
(c)
An access and circulation plan, including provision for parking,
shall provide pedestrian and vehicular access to the development having
a logical relationship to topographic conditions and neighboring properties
and which minimizes further land disturbance and negative impacts
to resource protection objectives.
(d)
Locations of and methods available for providing facilities
for water service, wastewater disposal, stormwater management and
other utilities, as necessary, shall be defined and indicated.
(3)
Step 3: Preparation of schematic design, building and conservation
plan.
(a)
Narrative and plans shall be provided as appropriate indicating
the ways in which the applicant proposes to undertake development,
as defined in Step 2, in order to implement identified design objectives
and respect the significant features of the land described in the
ERSAP and areas designated for non-disturbance in Step 1.
(b)
Proposed limits to land disturbance on the subject site, including
limits to grading and soil disturbance activities, shall be stated.
(c)
How proposed limits to land disturbance comply with applicable disturbance limitations set forth in this chapter or in Chapter
162, Zoning, in respect to natural and cultural resources shall also be set forth.
(d)
Plans as necessary to demonstrate how existing natural contours
and vegetation will be respected shall be described.
(e)
How stormwater will be captured on site for infiltration in
accordance with DEP regulations shall be described, indicating that
the areas best suited for stormwater infiltration have been selected
for that purpose, based on hydrologic soil groups and the stormwater
management requirements of the Pennsbury Township Stormwater Management
Ordinance.
(f)
A building plan which incorporates necessary infrastructure,
road improvements, and landscaping, as necessary, shall be presented.
A description of any historic resources on the site and proposed efforts
to preserve their historical integrity shall also be included, including
specific identification of instances where such resources are intended
to be incorporated into any building program.
(g)
Incorporation of necessary infrastructure, road improvements
and landscaping shall be described and presented, as necessary.
(4)
Step 4: Drawing lot lines/defining ownership responsibilities. Lot lines shall be drawn as required, and consistent with the provisions of Chapter
162, Zoning, to delineate the boundaries of individual lots, public and private rights-of-way, and open space areas, as applicable. In all cases, ownership responsibilities shall be defined in a manner which will implement the Schematic Design, Building and Conservation Plan defined in Step 3.
(5)
Documentation. Applicants proposing any subdivision or land
development are encouraged to submit plans and narrative as relevant
to outline the findings of each step of the design process at the
time of sketch plan review.