[Amended 4-27-1992 by Ord. No. 466; 4-26-1993 by Ord. No. 483; 9-12-2016 by Ord. No. 803; 10-28-2024 by Ord. No. 905]
[1]
Editor's Note: See also the flow chart, Procedure for Preliminary Plat for Subdivision or Land Development, included as an attachment to this chapter.
A. 
Preapplication conference. The owner or owners of land to be subdivided or developed in accordance with regulations or their designee may consult with the Planning Department, the Parks and Recreation Department, appropriate sanitary authority, and other applicable authority or departments, prior to the preparation of a preliminary subdivision or land development plat. This step is recommended so that the owner or owners of the land or their designee may obtain the appropriate information and guidance from Township personnel before entering into any binding commitments or incurring substantial expenses of plan preparation.
B. 
Sketch plans. The owner or owners of land to be subdivided or developed in accordance with regulations or their designee may also submit a sketch plan or their proposed subdivision or development to the Planning Commission and/or Council in accordance with the following:
(1) 
Applicants may submit a sketch plan for the review of Township Staff, Township Planning Commission and/or the Township Council. The sketch plan may be used to familiarize the Township with the concept of the development. Township Staff, Planning Commission, and/or Township Council may make informal recommendations with regard to the plans. These recommendations shall not be considered to be binding upon the Township.
(2) 
It is strongly recommended that all applicants provide a sketch plan so that any issues may be discussed at an early stage. These include, but are not limited to, location of roads, recreation, storm drainage issues and identification of necessary variances, waivers, and/or modifications to the requirements.
(3) 
If submitting a sketch plan for Township Planning Commission and/or Township Council review, plans and all required supplementary data shall be submitted to the Township no later than 28 days prior to the Planning Commission Meeting and/or Township Council Meeting at which the applicant would like to present the proposed plan.
(4) 
The submission of a sketch plan and any documents or information related thereto that are presented shall not be deemed by the Township to be the submission or filing of an application for subdivision or land development approval with the Township, nor shall such submission be the start of any statutorily prescribed Township review period. The sketch plan shall not protect any application from subsequent amendments to any applicable Township ordinance made prior to the date of the filing of a complete application. The sketch plan is intended to be advisory only and shall not bind the Township to take any particular action on any application subsequently submitted.
(5) 
Submission of a sketch plan to the Township shall comprise the following:
(a) 
Submission of three, full-size copies of the sketch plan and supplemental information
(b) 
Submission of seven reduced-size copies of the sketch plan. The reduced-size copies shall be on either eleven-inch by seventeen-inch or 8.5-inch by eleven-inch paper.
(c) 
One digital version of the sketch plan and supplemental information.
(d) 
The physical and digital version of sketch plan and supplemental information shall be in a format acceptable to the Township as determined by the Planning Director.
(6) 
The sketch plan submission should include the following data and drawn to the following standards:
(a) 
Property boundaries (may be obtained from county records or similar sources).
(b) 
General topographic contours from available data.
(c) 
A letter of intent and sketch of the proposed subdivision or land development tract, including proposed recreation areas, proposed open space areas and proposed detention basin sites, explaining, and illustrating the developer's general development concepts for the tract. Sketch plans shall be at an appropriate scale to provide the necessary detail for review or as otherwise specified by the Township.
(d) 
Site data shall be listed on the sketch plan, including:
[1] 
Acres of entire tract.
[2] 
Number of lots.
[3] 
Zoning district(s).
[4] 
Approximate acreage of proposed recreation areas and open space areas.
[5] 
Approximate location of proposed stormwater management systems.
[6] 
North point.
[7] 
Appropriate scale.
(e) 
A location map showing the general location of the subdivision in relation to adjacent properties, roads, streams and zoning. USGS and the Township Zoning Ordinance Map should be used for this.
(f) 
A map illustrating an analysis of natural drainage patterns and water resources within the proposed subdivision tract, including a delineation of all streams, natural drainage swales, ponds and lakes, woodlands, wetlands, floodplains subject to a 100-year flood frequency, permanent and seasonal high-water tables, and karst features. The map may use USGS quad sheets, county soil survey maps, the flood boundary and floodway map from flood insurance studies, the Township Comprehensive Plan, and other sources known to the applicant, as well as field inspection as the basis of information.
(g) 
A map illustrating an analysis of types of soils present within the proposed subdivision tact. The map should include a delineation of prime agricultural soil areas, soils with shell depth to bedrock, soils most susceptible to erosion, hydric soils, soils most suitable for urban development and soils generally suitable for on-lot sewage disposal. The map may be based on the county soil survey among other sources. Sinkholes and closed depressions should be identified on the map.
A. 
Application. An application for review of a preliminary plat shall be submitted to the Township Planning Department by the subdivider or developer of any proposed subdivision or land development on such forms as may be provided by the Township.
(1) 
An application for subdivision or land development plan approval shall be considered filed with the Township on the date of submission of an application that meets the application content requirements of § 385-20E. If the application content requirements are met, the application will be considered filed as of the date the application was submitted to the Township. This determination does not constitute approval or disapproval of the plan but is provided to ensure the submission of sufficient data to make a formal action on the plan. If the application is deemed administratively incomplete, all application materials will be returned to the applicant.
(2) 
At any time during the review process, the applicant may amend the originally submitted plan solely for the purpose of correcting minor deficiencies in the original plan to the extent necessary to meet the requirements of the Township or as directed by Township staff provided the application submission deadlines noted in § 385-20C below can be met.
(3) 
If the applicant amends the plan during the review process to the extent that it materially changes the extent, density, or type of development beyond that being directed by the Township Code and staff, the Planning Director may determine the amendment constitutes a new preliminary plan and the application process shall restart the application process as if the amendment were a new preliminary plan being initially submitted.
B. 
Application fee. When a plan has been filed for review, the applicant shall pay the Township for any fees and escrows authorized by § 385-47A of this chapter and Article III, Subdivision and Land Development Fees of Chapter 195, Fees.
C. 
Application submission deadlines.
(1) 
Initial submission. The initial application for subdivision and land development review shall be submitted at least 29 days prior to the regularly scheduled Planning Commission meeting to be reviewed by the Township staff and applicable agencies as noted § 385-22.
(2) 
Revised initial submission. If time warrants a second submission, prior to the initial Planning Commission consideration, may be made to the Township consisting of revised application documents based on any comments that may be received by the applicant from the Township and/or its agencies. This submission shall be made to the Township for review by the Planning Commission at least seven days prior to the Planning Commission meeting. If the applicant does not provide revised documentation at least seven days prior to the Planning Commission meeting, the Planning Commission will review the initial submission material along with any written reports by staff and its agencies.
(3) 
Subsequent submissions. Any submissions made for review at subsequent Planning Commission or Council meetings shall be provided to the Township at least 14 days prior to the meeting in which the subdivision and/or land development application is to be heard.
D. 
Receipt of plat application. When application for approval of the plat is received by the Township, the date of receipt shall be stamped thereon. This shall be the date used to determine conformance with the Municipalities Planning Code requirements regarding approval of plats.
E. 
Application content and completeness review. Prior to the distribution of the preliminary subdivision and/or land development plan application as required in § 385-22, the Township Planning Director or their designee shall determine if the preliminary subdivision and/or land development plan application is complete or administratively incomplete as follows:
(1) 
Staff shall conduct such review within five business days of receipt of the application.
(2) 
Notice of the completeness or of specific deficiencies in the submittal shall be sent by the Township to the applicant no later than five business days after receipt of the application. If no notice is received by the applicant than the application shall be considered complete.
(3) 
An application for review of a preliminary subdivision or land development plan shall be deemed complete when the following items are submitted.
(a) 
One copy of the application form as provided by Peters Township pursuant to § 385-20A
(b) 
Application fee pursuant to § 385-20B paid in full.
(c) 
Ten copies of the project narrative pursuant to § 385-21D.
(d) 
Copies of the preliminary subdivision or land development plan pursuant to § 385-21A to specifically include both existing conditions and proposed development in quantities as follows:
[1] 
Three full size drawings of the plan.
[2] 
Seven eleven-inch by seventeen-inch drawings of the plan.
[3] 
One digital set of drawings in a format acceptable to the Township.
(e) 
Three sets of the following supplementary data and/or reports as required in § 385-21B through H:
[1] 
Preliminary designs of any bridges or culverts.
[2] 
Sanitary sewage disposal documentation.
[3] 
Traffic Impact Study.
[4] 
Stormwater Management Site Plan and Report.
[5] 
Geotechnical or soils engineering report.
[6] 
Environmental reports.
[7] 
Building elevation drawings.
(4) 
If upon review of the preliminary subdivision or land development plan application and supporting documentation, it is determined that any of the items listed above are missing, the applicant shall be notified of such deficiency or deficiencies and be granted two business days to furnish said documentation. If the documentation cannot be furnished within the two business days, then the preliminary subdivision or land development plan application shall be deemed administratively incomplete, and the application rejected. All submitted documentation including any submitted fees shall be returned to the applicant.
F. 
Plan distribution. If or when an application for a land development or subdivision application has been deemed complete, it shall be distributed for review to be acted upon pursuant to § 385-22.
A. 
Preliminary subdivision or land development plan.
(1) 
Format.
(a) 
All full-size sheet sizes shall be of a standard size or model and shall be minimum 22 inches vertical outside length or multiples of 11 inches, and 25 1/2 inches minimum horizontal length or multiples of 8 1/2 inches, unless written permission is granted by the Planning Director.
(b) 
Minimum scale shall be one inch equals 50 feet. Drawings showing less than the total tract at less than the required scale may be submitted with the written permission of the Planning Director.
(c) 
A title block shall be located on each sheet. Included in the title block shall be:
[1] 
The name of the proposed development or subdivision;
[2] 
Graphic scale, written scale;
[3] 
Date, including the month, day and year that the original drawing was completed and the month, day and year that the original drawing was revised, for each revision, if any (including a notation on the drawing as to what revisions were made);
[4] 
Names and addresses of the owner of record and developer or subdivider, if different than the owner; and signature and seal of the surveyor, registered in the Commonwealth of Pennsylvania, responsible for the plan.
(d) 
North point of sufficient size and visibility for necessary orientation on every sheet comprising the plan set that shows the site in question or on any map included in the plan set.
(e) 
Key map for the purpose of locating the property being subdivided or developed, showing the relationship to adjoining property and to all streets, roads, municipal boundaries, and recorded subdivision plats existing within 1,000 feet of any part of the property. This key map shall be based on the current Township street and property map.
(2) 
Existing conditions. The following existing conditions must be shown either on its own plan sheet or on the plan sheet(s) showing proposed development if such can be done legibly.
(a) 
Names of all abutting subdivisions, if any, with the plan book and page numbers recorded; names of owners of adjacent property owners, with deed book and page number.
(b) 
Total tract boundaries of the property being subdivided or developed, showing bearings and distances, and a statement of total acreage of the property.
(c) 
Zoning data, including any changes in the existing zoning to be requested by the subdivider or developer. If a zoning district change is being considered or is pending, which might affect the proposed subdivision or development, the Township shall so notify the subdivider or developer.
(d) 
All existing sewer lines, waterlines, fire hydrants, gas and oil wells (with a notation as to whether they are plugged, inactive or active) utility transmission lines, culverts, bridges, railroads, watercourses, and other significant man-made or natural features within the proposed subdivision and within 200 feet from the boundaries of the subdivision or development and their dimensions. This requirement, in full or in part, can be waived by the Planning Director or their designee if determined not to be necessary.
(e) 
All existing buildings or other structures with ties to property lines and the approximate location of all existing tree masses within the proposed subdivision or development; basement elevations of all buildings or other structures which will remain which border a natural watercourse (whether wet or dry) within the subdivision and within 200 feet from the boundaries of the subdivision or development. This requirement, in full or in part, can be waived by the Planning Director or their designee if determined not to be necessary.
(f) 
Location and elevation of the datum to which contour elevations refer; datum used shall be a known, established bench mark. This requirement, in full or in part, can be waived by the Planning Director or their designee if determined not to be necessary.
(g) 
All existing streets, including streets recorded but not constructed on or abutting the tract, including names, right-of-way width, cartway width and approximate grades; all existing rights-of-way or easements on or abutting the tract.
(h) 
All existing contours (broken lines) at intervals of five feet for areas with greater than 15% slope and of two feet for areas with less than 15% slope. This requirement, in full or in part, can be waived by the Planning Director or their designee if determined not to be necessary.
(i) 
Base flood elevation and floodway information.
[1] 
Location of all 100-year floodplains with corresponding base flood elevations as identified on the Flood Insurance Rate Map (FIRM) or by the landowner and/or developer's engineer for any watercourse or water body with a drainage area of 100 acres or more; steep slope areas (slopes of 25% or greater); and landslide-prone soils (consult National Resources Conservation Service (NRCS) and/or Washington County Conservation District for soils information).
[2] 
In addition, all subdivision proposals and development proposals containing at least 50 lots or at least five acres in Flood Zone A, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision and Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
(3) 
Proposed subdivision or land development. All features of the proposed development must be shown on a plan sheet(s) in accordance with §§ 385-32 to 385-40 of this chapter, including, where applicable:
(a) 
Location and width of all streets and rights-of-way, with a statement of any conditions governing their use; suggested street names; and their grades.
(b) 
Utility easement location tied to the property lines.
(c) 
Proposed building setback lines along each street, or within each parcel.
(d) 
Lot or parcel lines with approximate dimensions; lot or parcel numbers (Parcels representing phasing of development shall be lettered "A," "B," etc.) and a statement of the total number of lots and parcels, and house numbers, as assigned by the Township.
(e) 
A statement of the intended use and dedication of all nonresidential lots and parcels, including open space parcels.
(f) 
Method of sanitary sewage disposal, including location of all lines and any proposed connections with existing facilities, as submitted to the Sanitary Authority; or location of soil percolation test holes as may be required by § 385-22E.
(g) 
Method of providing stormwater management including type and location of all control facilities, as required by Chapter 371, Stormwater Management, of the Code of Peters Township.
(h) 
Parks, playgrounds and other areas dedicated or reserved for public use, with any conditions governing such use, and their acreage.
(i) 
All proposed contours (solid lines) at intervals of five feet, for areas with greater than 15% slope and of two feet for areas with less than 15% slope.
(j) 
An erosion and sedimentation control plan.
(k) 
Any proposed phasing of the preliminary plan. Any phases proposed for five years or more from the date of preliminary plat approval shall comply with § 385-9 of this chapter.
(l) 
Location (with ties to the lot line) and size of proposed buildings (including all overhangs and projections), driveways, entrances (ingress and egress), parking facilities (with the size, arrangement of stalls), loading space and/or docks, walls, screening, buffer, utility connections. A statement as to whether any existing structures are to be removed. A certification that all requirements of the Americans for Disabilities Act have been met.
B. 
Supplementary data. The preliminary subdivision and/or land development plan shall either show on the plans or shall be accompanied by, as a separate document, the following supplementary data as applicable:
(1) 
Preliminary designs (three copies) of any bridges or culverts which may be required. Such designs shall meet all applicable requirements of the Pennsylvania Department of Environmental Protection and/or the Pennsylvania Department of Transportation.
(2) 
A table of the following existing, required, and proposed information:
(a) 
Net lot area.
(b) 
Front, rear, and side yard requirements in the district.
(c) 
Lot coverage, square footage and percentage of lot area.
(d) 
Impervious coverage, square footage and percentage of net lot area.
(e) 
Tabulation of the square foot gross floor area of any proposed buildings by each proposed use within the building.
(f) 
Tabulation of the parking spaces required and provided for each proposed building.
(3) 
A schedule for the installation of improvements beyond a five-year period in accordance with § 385-9 of this chapter.
(4) 
For subdivisions with septic systems:
(a) 
Show soil types and boundaries;
(b) 
Show names of all abutting landowners;
(c) 
If the adjacent land is in the same name, show the entire parcel (can be done at a smaller scale);
(d) 
Show the location of the proposed house;
(e) 
Show the location of the proposed well or waterline location.
(5) 
A construction materials list for all improvements listed in § 385-21A(3)(1) above unless indicated on the plans themselves.
(6) 
Building elevations for all sides of each proposed building, if any. Floor plans for all stories shall be provided as well.
C. 
Sanitary sewage disposal documentation. Evidence of capacity for conveyance and treatment from the appropriate sanitary authority or completed planning modules whenever soil percolation tests are required as noted below. See § 385-35C.
(1) 
Soil percolation tests shall be performed for all subdivisions or developments wherein building at the time of construction will not be connected to a municipal or community sewage disposal system.
(2) 
Soil percolation tests shall be made in accordance with the procedure required by the Pennsylvania Department of Environmental Protection by a registered professional engineer or approved Sewage Enforcement Officer (SEO).
(3) 
The SEO shall enter the results of the tests, and all other information on a site investigation and percolation test report and shall analyze the test results prior to signing the required planning module components for the submission to the Township.
(4) 
The owner shall submit the required planning modules, with all required reports attached, to the Township for transmission to the Department of Environmental Protection.
(5) 
If the analysis of the soil percolation test results reveals the soil is unsuitable for the intended use, final plat approval shall be withheld by the Planning Commission.
(6) 
The final plat shall not be released for recording until the DEP has approved the Planning Modules.
(7) 
Building permits will not be issued by the Township until the on-lot disposal system has been approved by the SEO and the required on-lot disposal permit issued.
D. 
Project narrative. A written statement including the following (as applicable):
(1) 
A statement of the ownership of all of the land included within the development.
(2) 
An explanation of the purpose of the subdivision or land development including description of the proposed development.
(3) 
The substance of covenants, grants of easements or other proposed restrictions to be imposed on the use of land, buildings and structures, including proposed easements or grants for public use or utilities.
(4) 
A statement of method of future ownership, control and maintenance of all buildings, permanent improvements, and grounds not dedicated to the Township or to a condominium association. The Township Planning Commission may, in its discretion, require information and documentation from the landowner and/or developer to establish that an appropriate plan shall be formulated to adequately assure the continued maintenance of the common areas. This plan shall also include specific provisions for assessing responsibility for the maintenance of the common areas upon either the landowner and/or developer, the proposed occupant(s), or both. The plan for assessing responsibility for maintenance may contemplate the formulation of contracts or agreements with maintenance firms or companies and the adoption of covenants and restrictions which shall be binding upon the landowner and/or developer or may include such other maintenance guarantees as may be satisfactory to the Township Planning Commission. The maintenance plan for any proposed stormwater management controls shall be consistent with the requirements of Chapter 371, Stormwater Management.
(5) 
A description of proposals to preserve natural features and existing amenities and a statement of conceptual landscaping designs.
(6) 
A statement describing the stormwater management methods to be employed.
(7) 
A reference of the narrative statement shall be made on the proposed development plan.
E. 
Traffic impact study. A traffic impact study shall be included with the submission of a subdivision and/or land development application if the proposed development meets the thresholds for such as established in § 440-510B. The Township, at its discretion, may require the applicant to submit evidence that the thresholds established in § 440-510B are not exceeded as determined by a licensed engineer from the Commonwealth of Pennsylvania with experience in traffic engineering.
F. 
Stormwater management site plan and report. For any subdivision and/or land development plan that includes activities regulated by Chapter 371, Stormwater Management and not eligible for the exemptions provided in § 371-13, a stormwater management site plan and report shall be included with subdivision and/or land development application.
G. 
Geotechnical or soils engineering report.
(1) 
A written report prepared and signed by a professional engineer specializing in geotechnical or soils engineering which includes at a minimum:
(a) 
A description and review of existing surface and subsurface geology on the site including any areas previously undermined or landslide-prone and their potential impact on proposed development activities.
(b) 
Test boring logs and test boring location map.
(c) 
A slope stability analysis for all slopes greater than 3H:1V and greater than eight feet in height.
(d) 
Geotechnical engineering recommendations for grades required for stable cut and fill embankments, surface and subsurface drainage requirements, subgrade preparations, keyway and benching requirements, suitable fill material, compaction and moisture requirements, retaining structures (if necessary) and any other limitations or constraints to the proposed slope construction.
(2) 
The developer will be required to engage the services of a registered professional engineer specializing in geotechnical or soils engineering during earthwork construction to monitor the earthwork and ensure that the recommendations of the report are carried out. All inspection reports must be submitted to the Township periodically throughout construction.
H. 
Environmental reports. Copies of all environmental reports, as applicable, regarding wetland delineations, floodplain limits, watercourse determinations, specimen trees as defined by the Peters Township Environmental Board or by the Peters Township Code, and status and location of any active or abandoned gas wells on the subject property shall be provided. These reports must be prepared by qualified professionals in accordance with standard and accepted protocols of the PADEP or other outside agencies having jurisdiction.
A. 
By Washington County Planning Commission. Two copies of the preliminary subdivision and/or land development plan submission shall be transmitted to the County Planning Commission by the applicant for review and report. No application shall be approved until the county report is received or until the expiration of 30 days from the date the application was forwarded to the county.
B. 
By applicable Sanitary Authority. One copy of the subdivision and/or land development plan submission and any subsequent submissions shall be forwarded to the applicable sanitary authority. The Sanitary Authority shall review the preliminary plat to determine its conformance to applicable sanitary sewage disposal standards. Such review shall be transmitted to the Planning Department no later than 30 days from the date the application was forwarded to the Authority or as agreed upon by the Township Engineer and Planning Department.
C. 
By Township Engineer. One copy of the subdivision and/or land development plan submission and any subsequent submission shall be forwarded to the Township Engineer or their designee. Written reports shall be generated by the Township Engineer or their designee as follows:
(1) 
For the initial submission of a subdivision and/or land development plan application, a written report shall be transmitted to the Planning Department no later than 21 days from the date the application was forwarded to the Township Engineer.
(2) 
For subsequent submissions for review by the Planning Commission or Council at subsequent meetings, a written report shall be transmitted to the Planning Department no later than seven days prior to the date of said meeting in which the subdivision and/or land development submission is to be discussed.
(3) 
The dates for the transmittal of written reports to the Planning Department can be modified as agreed upon by the Township Engineer and Planning Director.
D. 
By Township Planning Director. One copy of the subdivision and/or land development plan submission shall be forwarded to the Planning Director or their designee. The Planning Director or their designee shall review the preliminary plan submission to determine its conformance to this chapter; Chapter 440, Zoning; and any other applicable Township Code requirements.
(1) 
For the initial submission of a subdivision and/or land development plan application, a written report shall be transmitted to the applicant and Planning Commission no later than 21 days from the date the application was forwarded to the Planning Department.
(2) 
For subsequent submissions for review by the Planning Commission or Council at subsequent meetings, a written report shall be transmitted to the applicant, and Planning Commission or Council no later than seven days prior to the date of said meeting in which the subdivision and/or land development submission is to be discussed.
(3) 
All written reports generated by the Township Engineer or any other plan reviewer as required herein shall be either:
(a) 
Incorporated into the written reports generated by the Planning Director or their designee and transmitted to the Planning Commission or Council, or
(b) 
Shall be transmitted directly to the applicant as directed by the Planning Director or their designee. The Planning Director or their designee will then transmit such documents to Planning Commission or Council as necessary.
(4) 
The dates for the transmittal of written reports by the Planning Department can be modified as agreed upon by the applicant and Planning Director or their designee based on the complexity of the proposed project.
E. 
By other cognizant agencies. Other cognizant agencies should be requested to comment on preliminary plan submissions when deemed in the public interest. Such requests should be made so as to provide the comments from such agencies prior to the Planning Commission's next regularly scheduled meeting.
F. 
By Township Planning Commission.
(1) 
The Township Planning Commission shall review the preliminary plan submission in a public meeting to determine conformance to the standards contained herein, or as may be required by the Comprehensive Plan and any regulations or maps adopted in furtherance thereof. Before acting upon any preliminary subdivision and/or land development plan submission, the Planning Commission may hold a public hearing thereon after public notice.
(2) 
The Township Planning Commission shall review all comments received regarding the preliminary subdivision and/or land development plan submission. After such review, a decision shall be reached regarding said preliminary plan submission in accordance with § 385-23.
(3) 
If the Township Planning Commission deems the preliminary plan submission to include too many deficiencies as noted in the review letters provided by Township staff and supporting agencies, it may defer or limit discussion of the plan followed by tabling the preliminary plan to be discussed and acted upon at a subsequent meeting of the Planning Commission.
(4) 
The Planning Commission shall have sole approval authority granting approvals, conditional approvals, or denials over certain preliminary land development plan applications as follows:
(a) 
The following land development plan applications shall be reviewed only by Planning Commission:
[1] 
Grading plans and permits as required by the Peters Township Grading Ordinance.
[2] 
Plans that modify in any way the grading or change in the existing use of land subject to the Township floodplain controls. See Part 11 of Chapter 440, Zoning.
[3] 
Erection of a building, structural alterations to a building or moving of a building into or out of the Township, other than single-family dwellings and their accessory buildings or structures.
[4] 
Facial alteration of an existing commercial or industrial building.
[5] 
Change in use of nonresidential building. The change in the classification of use shall be as defined in Part 3, Definitions of Chapter 440, Zoning, or the definitions within the zoning district regulations; or as described as having a different parking requirement in § 440-507, Off-street parking and loading. Referral to the Township Planning Commission by the Zoning Officer shall be in accordance with Part 9 of Chapter 440, Zoning.
(b) 
Conditional approval. Land development plan application and supplemental materials for conditional uses shall be forwarded to the Township Council for its approval. The Township Council may approve the plan, disapprove the plan, or give tentative approval contingent upon requested changes citing the sections of the ordinance(s) or conditional use decision relied on for the conditions.
(c) 
When the application requires submission of a stormwater management plan in accordance with Township ordinances (See Chapter 371), the Township Planning Commission shall not grant final approval of the land development plan application until the final stormwater management plan for the development lot has been approved by the Township Engineer.
(d) 
Approval of the above referenced land development plans shall be valid for a period of 12 months from the date of final approval and shall expire upon the same conditions as stipulated for building permits in § 440-1002F. If the work on the lot has not been substantially completed within two years of the date of approval, all new work shall be subject to any change in regulations in the interim except as may be governed by § 440-1002F.
(5) 
With the exception of the land development plan applications referenced in the section above, all reviews and subsequent actions taken by the Planning Commission shall be considered recommendations to Council and Council shall have the authority to approve, conditionally approve, or deny the plan.
G. 
By Council.
(1) 
The Township Council shall review the subdivision and/or land development plan submission in a public meeting to determine conformance to the standards contained herein, advisable in the public interest, or as may be required by the Comprehensive Plan and any regulations or maps adopted in furtherance thereof.
(2) 
Before acting upon any preliminary subdivision and/or land development plan submission, Council may hold a public hearing thereon after public notice.
(3) 
The Township Council shall review all comments received regarding the preliminary subdivision and/or land development plan submission. After such review, a decision shall be reached regarding said preliminary plan submission and taken in accordance with § 385-23.
A. 
By Planning Commission or Council.
(1) 
Decision deadline. A decision shall be rendered by Council [or Planning Commission when granted the authority to do so above in § 385-22E(4)] on a subdivision and/or land development application, not later than 90 days after the first regular meeting of the Planning Commission in which the application was initially heard. If the next regular meeting of the Planning Commission meeting occurs more than 30 days following the filing of the application, then said ninety-day period shall be measured from the 30th day following the day the application has been filed.
(2) 
Notification of decision. Within 15 days after the meeting at which action is taken on the preliminary subdivision and/or land development plan by the Township Planning Commission or Council, the Planning Director or Township Manager shall notify the applicant in writing of any action taken, including any recommendations for conditions and the reason therefore, citing the provisions of this chapter relied upon. If conditions are placed on approval of the preliminary subdivision and/or land development plan, the applicant shall respond in writing, accepting or rejecting such conditions. Approval of the subdivision and/or land development shall be rescinded automatically upon the applicant's failure to accept or reject such conditions within 30 days of the Planning Commission's or Council's action.
(3) 
Denial of plans. If the subdivision and/or land development is denied by Council [or Planning Commission as authorized in § 385-22E(4)], reasons for such action shall be explicitly stated in writing, citing the provisions of the Peters Township Code requirements relied upon, copies of which shall be distributed to the Planning, to the applicant, and the Council within 15 days of the action taken.
(4) 
Exceeding the decision deadline. Failure of the Council (or the Planning Commission as authorized in § 385-22E) to render a decision and communicate it to the applicant within the prescribed time and in the prescribed manner shall be deemed as approval of the application in terms as presented, unless the applicant has agreed, in writing, to an extension of time [see § 385-23A(5)] or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
(5) 
Extension of decision deadline. The applicant may agree in writing or on a form provided by the Township to an extension of time in which a decision is required to be rendered on a subdivision and/or land development. The Planning Commission, Council, or Township staff shall accept or deny an applicant's time extension offer as follows:
(a) 
Township staff. If the applicant is making an initial offer to extend the ninety-day time period by a period of less than 30 days, such an offer may be accepted or refused by the Township Manager or their designee. All subsequent offers extending the time period for decisions on preliminary plan regardless of the length of time periods shall be accepted or refused by either Planning Commission or Council as applicable below.
(b) 
Planning Commission. For those land developments where the Township Planning Commission has approval authority as noted in § 385-22E(4), the applicant shall make the offer of extending the time-period for decisions on the preliminary plan to the Township Planning Commission.
(c) 
Council. For those subdivision and/or land developments where the Township Council has approval authority [all subdivisions and/or land developments except those noted in § 385-22E(4)], the applicant shall make the offer of extending the time-period for decisions on the preliminary plan to the Township Council.
B. 
Effect of approval. Approval of the preliminary subdivision or land development plat shall not constitute final acceptance of the subdivision or land development or plats thereof. The procedures outlined in §§ 385-25 to 385-31 of this chapter must be complied with, as well as the requirements of § 385-9 of this chapter.