A.
Presubmission consultation.
(1)
As described in § 98-24, applicants are encouraged to informally discuss their proposals with applicable Township staff persons or other Township officials before preparing engineered plans.
(2)
Official Map determination. The applicant shall, prior
to submitting a preliminary plan, determine if any of the land proposed
for subdivision or land development is subject to the Chestnuthill
Township Official Map. If any of the land is subject to the Official
Map, the applicant is encouraged to contact the Township prior to
submitting the preliminary plan.
[Added 12-7-2004 by Ord. No. 2004-07]
B.
Conservation design process. See § 98-31, which requires that applicants for certain types of applications must show compliance with the specified design process at the time of a sketch plan, preliminary plan or conditional use application. Applicants are strongly encouraged to meet this requirement at the earliest submittal made to the Township.
C.
Site tour. Applicants are very strongly encouraged
to cooperate in an on-site tour of the property by Township officials.
See the language in the application form that requests permission
for a site tour. This site tour should be scheduled as soon as possible
after the applicant has provided copies of a map of existing conditions.
At best, this would occur after a sketch plan has been submitted,
but before preliminary plans have been completed.
(1)
This site tour is intended to informally:
(a)
Familiarize Township officials with the property's
existing features, particularly including scenic views and the site's
relationship to surrounding areas;
(b)
Identify potential site design issues that will
need to be addressed; and
(c)
Discuss site design concepts, including the
general layout of proposed development and open spaces.
(2)
Comments made during the site visit shall not be binding
upon the Township, and no formal action or recommendation shall be
made during the site visit.
D.
Sketch plan. Prior to the submission of a preliminary
plan, applicants are very strongly encouraged to submit a sketch plan.
A sketch plan review often allows an applicant to save substantial
time and engineering costs, because many concerns about layout and
issues concerning Township ordinances can be resolved prior to detailed
engineering. This can often reduce the need for future redesign at
a more detailed stage, thereby saving the applicant significant money
and time. No official action is required on a sketch plan, so it will
not delay the submittal of a preliminary plan.
A.
Preliminary plan submission required.
(1)
A preliminary plan submission for a major subdivision or land development [except as provided in Subsection A(2) below] meeting all of the requirements of this article shall be filed by the applicant and reviewed in accordance with the provisions of this article.
(2)
A preliminary plan submission is not required for the following applications, which instead shall meet Article VII:
B.
Required submission.
(1)
The applicant shall file with the Township staff at least 15 calendar days prior to a regular Planning Commission meeting (not including a workshop meeting) the required fees and the information and plans required under § 98-29. Any subsequent submittal of revised plans shall be submitted at least 15 days before a Planning Commission meeting where the plans are intended to be reviewed, unless permission is granted for a later submittal by the Township Engineer or Planning Commission, particularly when a revision only involves minor technical changes or corrections. These deadlines may be revised by resolution of the Board of Supervisors.
(2)
The staff shall forward applicable plans to the following
agencies to seek their comments prior to preliminary plan approval:
(a)
Sewage Authority or Sewage Enforcement Officer
(if applicable);
(b)
Township Fire Chief (layout and utility plan
if deemed appropriate by the Planning Commission or Township staff);
(c)
Maintaining at least one complete "file" copy
of all materials submitted by the applicant in the Township files;
(d)
Any Township park and recreation commission
that may be established (layout, natural features and grading plan
only; if common open space is proposed or if deemed appropriate by
the Planning Commission or Township staff); and
(e)
The Township Planning Commission (including
copies of the application form, at least one copy of the preliminary
plan checklist, several copies of the preliminary plan and at least
one copy of the supporting documents), with such information provided
prior to or at the first regularly scheduled Planning Commission meeting
after a proper submission.
(3)
Applicant's distribution. The applicant is fully responsible
for the following:
(a)
Providing one copy to the Township Engineer's
office of all materials submitted to the Township, with such copy
required to be provided according to the same deadline as the submittal
to the Township.
(b)
Contacting the appropriate utility companies,
as appropriate, including the water supplier.
(c)
Encouraged to seek at least an informal review
by PennDOT of any proposed access onto a state road, and providing
PennDOT with sufficient information for such a review.
(d)
Determining whether any permits or approvals
are needed from any agency outside of the Township, including DEP
(including any obstruction to a waterway) and the Army Corps of Engineers
(including determining whether any wetland will be disturbed).
(e)
Providing a copy of the sedimentation and erosion
control plans to the County Conservation District, together with their
required review fees, if any earth disturbance is proposed, unless
the applicant states in writing in a signed letter to the Township
that earth disturbance will not occur until approval of the final
plan (in which case the erosion control plan may be submitted at final
plan stage).
(f)
Adjacent municipalities. If any portion of a
major subdivision or land development is proposed within 200 feet
of the boundary of another municipality, or would clearly have a regional
impact upon another municipality as determined by the Planning Commission,
then the applicant shall provide a copy of the layout plan to that
municipality for an advisory review.
(g)
Providing two copies of the plans and required
fees to the County Planning Commission.
(h)
Providing copies and making submittals to the
Township and review agencies as required under PADEP's sewage planning
module process, if applicable.
(4)
Each preliminary plan and supporting documents should
seek to incorporate any revisions recommended by the Planning Commission,
the Township Engineer and other appropriate Township Officials during
any sketch plan review.
(5)
Colored layout plan. It is recommended that the applicant
provide one copy of the layout plan that is lightly colored to highlight
major features (such as paving, trees, waterways, streets, wetlands
and building locations if known) to allow clear understanding by the
general public at public meetings.
(6)
Revisions. A detailed list of revisions from a previously
submitted plan shall be provided whenever a revised plan is submitted.
The developer's plan preparer shall certify that the list of revisions
is complete.
C.
Determination of completeness of the submission.
(1)
Based upon the initial review of the Township staff
and/or the Township Engineer, the Commission shall have authority,
at its first regularly scheduled meeting after the submission is filed
in a timely fashion, to determine that a submission is incomplete
and therefore to refuse to review the submission further and to do
one of the following:
(a)
Not accept the submission, indicating deficiencies
in writing, and return the fee (minus the costs of any Township review)
to the applicant.
(b)
Accept the submission as being filed for review
on the condition that the applicant shall file such additional required
materials and information to the staff or appropriate agency or person
by a specific deadline.
(c)
Table the acceptance of the submission until
the next Planning Commission meeting after the applicant has met all
of the submittal requirements within the required time period prior
to the meeting. The ninety-day time limit for action shall not begin
until the plan is accepted as complete.
(d)
Recommend that the plan be rejected by the Board
of Supervisors for just cause, such as the submission being significantly
incomplete.
(2)
If the Commission determines that the submission is
complete, as filed and as required, the Commission shall accept the
plans and may begin its review.
(3)
Zoning variances and approvals.
(a)
Applications for a subdivision or land development shall comply with Chapter 119, Zoning, as amended. An application under this chapter shall not be considered to be complete for the purposes of starting the clock for the state-mandated ninety-day time limit if one or more zoning variances or special exception or conditional use zoning approval will be required for the subdivision or land development to legally occur as submitted, until such time as the needed zoning variances and approvals have been granted. During this time, the application may still be reviewed by the Township.
[1]
If a zoning variance or special exception or
conditional use approval is needed and has not been granted, and the
applicant refuses to grant a time extension, then the Board of Supervisors
shall have sufficient grounds to deny approval of the application.
[2]
At the discretion of the Board of Supervisors,
a subdivision or land development may be approved conditioned upon
the later approval of a zoning variance, special exception or conditional
use.
(b)
A subdivision or land development approval shall not be delayed because of a court appeal of a zoning variance, special exception or conditional use that was granted to the developer. Instead, satisfactory resolution of such appeal shall be a condition for approval under this chapter. If a developer appeals a zoning variance, special exception approval or conditional use approval that was not granted to him/her, then Subsection C(3)(a) above shall still apply.
D.
Review by Township Engineer.
(1)
After the plans are duly submitted for review (unless
granted an extension by the Commission or unless the plans are significantly
incomplete), the Township Engineer should review the engineering considerations
of the preliminary plan and prepare one or more reports on such considerations
to the Commission.
(2)
The Township Engineer may make additional reports
and recommendations to the Commission and the Board of Supervisors
during review of the plan. Matters that should be dealt with directly
by the Planning Commission and/or the Board of Supervisors should
be listed separately from technical engineering considerations. These
policy concerns should be made available to the Planning Commission
at least four days prior to each meeting, when possible.
(3)
The applicant and/or his/her engineer shall make reasonable
efforts to resolve technical engineering considerations outside of
and prior to Planning Commission meetings. The Township Engineer may
require the applicant or his/her engineer to meet with him/her for
this purpose.
(4)
A copy of findings of the Township Engineer should
be sent or handed in person to the applicant or his/her representative
by the Township staff.
E.
Review by Commission. The Planning Commission should
accomplish the following within the time limitations of the State
Planning Code (unless the applicant grants a written time extension),
while allowing a sufficient number of days within this deadline for
a decision by the Board of Supervisors:
(1)
Review applicable reports received from any official
reviewing agencies;
(2)
Provide a recommendation regarding whether the preliminary
plan submission meets the requirements of this chapter and other applicable
ordinances;
(3)
Recommend any revisions to the submission that are
needed to comply with this chapter or that would generally improve
the plan;
(4)
Recommend approval, conditional approval, or disapproval
of the preliminary plan submission in a written report to the Board
of Supervisors that should: specify any recommended conditions for
approval, identify defects found in the application, describes requirements
which have not been met, and cite the provisions of the ordinance
relied upon.
F.
Review and action by Board of Supervisors. The Board
of Supervisors shall:
(1)
Review the report of the Commission and any reports
that have been received from reviewing agencies;
(2)
Determine whether the preliminary plan submission
meets the requirements of this chapter and other ordinances;
(3)
Approve, conditionally approve or disapprove the preliminary plan
submission within the time limits required by the Pennsylvania Municipalities
Planning Code. (As of the adoption date of this chapter, this law
requires the Board of Supervisors to act not later than 90 days following
the date of the first regular meeting of the Commission held after
the preliminary plan has been properly filed for review, but in no
case shall the Board of Supervisors' decision be made later than 90
days following the date the submission was accepted as being filed
for review, unless the applicant grants a written extension of time;
and that no subdivision or land development shall be approved until
a report is received from the County Planning Commission or until
the expiration of 30 days from the date the application was forwarded
to the County Planning Commission, whichever comes first.)
[Amended 5-1-2014 by Ord. No. 2014-02]
G.
Decision by Board of Supervisors.
(1)
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
by mail at his/her last known address not later than 15 days following
the decision.
(2)
Approval of the preliminary plan submission shall
constitute conditional approval of the subdivision or land development
as to the character and intensity, but shall not constitute approval
of the final plan or authorize the sale of lots or construction of
buildings.
(3)
If the preliminary plan submission is disapproved,
the decision shall specify defects found in the submission, describe
requirements which have not been met and cite the provisions of the
statute or ordinance relied upon in each case.
(4)
At the discretion of the Board of Supervisors, the
Board may grant combined preliminary/final plan approval if:
H.
Final plan submission deadline.
(1)
An applicant shall file a final plan within five years
from the date of the approval of the preliminary plan by the Board
of Supervisors.
(2)
Failure to comply with this requirement shall render
the preliminary plan null and void, and a new preliminary plan submission
and approval shall be required.
(See § 98-28A, regarding when a preliminary plan is required.)
A.
All of the following information and materials listed
in this section[1] are required as part of all preliminary plans for any
land development and any major subdivision. This list of requirements
shall serve both to establish the requirements, and as a checklist
for the applicant and the Township to use to ensure completeness of
submissions. The applicant shall submit completed photocopies of this
section as part of the application.
[1]
Editor's Note: See the Preliminary Plan for Major Subdivision or Land Development Checklist and List of Submittal Requirements included as an attachment to this chapter.
B.
The required information listed in this section may
be combined or separated onto different sheets, provided that all
information is clearly readable.
All certification shall comply with the state
professional licensing laws. All subdivisions of land shall be certified
and stamped by a registered land surveyor. At least one set of all
plans provided to the Township, including revisions, shall bear original
signatures and original seals of plan preparers, which shall be marked
as a "Township File Copy."
As part of the submittal of a sketch plan, preliminary
plan or conditional use, whichever comes first, for a major subdivision
or land development that involves over three acres of land for a nonresidential
project or six or more dwelling units for a residential project, the
applicant shall provide the following mapping and prove to the Planning
Commission that the following process was followed in designing the
proposed development.
A.
Applicants are strongly encouraged to submit these
sketches as part of the sketch plan process, to avoid delays to the
applicant in preliminary plan approval. Submittal at the sketch plan
stage will greatly increase the likelihood that all issues will be
able to be resolved in time to meet the standard ninety-day time clock
for approval of a preliminary plan, without needing time extensions.
B.
This process is intended to show everyone how the
special features of the property relate to resource areas on adjacent
lands, and how the development will properly relate to the features
of the land that are most worthy of conservation. See the "existing
resources and site analysis map" provisions in Part D of the Preliminary
Plan for Major Subdivision or Land Development Checklist and List
of Submittal Requirements.[1] Existing conditions shall be accurately mapped. For the sole purposes of meeting this § 98-31, the mapping of proposed development may be at a sketch plan level of detail.[2]
(1)
Delineation of open space. Using the map of existing resources and site analysis map, the applicant shall delineate areas that are proposed to be preserved as conservation open space (in the case of a conservation design subdivision), common open space (if required by § 98-60 of this chapter or other sections of Chapter 119, Zoning) and/or otherwise through conservation easements.
(a)
If a conservation design subdivision is proposed, then the applicant shall show compliance with the applicable requirements of Chapter 119, Zoning, including but not limited to the following:
[1]
Providing calculations of the minimum percent
and acreage of required conservation open space, which shall be submitted
at the sketch plan stage or the preliminary plan stage, whichever
submission occurs first.
[2]
Proposed conservation open space shall be designated using the existing resources and site analysis map as a base map. The applicant shall prove compliance with applicable provisions of Chapter 119, Zoning, and § 98-76 of this chapter. Primary conservation areas shall be delineated comprising one-hundred-year floodplains, wetlands and slopes over 25%. (Note: The definition of primary conservation areas is independent of any density factors that may be required to be applied under Chapter 119, Zoning.)
[3]
The proposed conservation open space shall maximize opportunities to interconnect open spaces with important natural features and common/conservation open space on neighboring properties (see the "context map" in § 98-29). The applicant should consider the Map of Potential Conservation Areas in the West End Recreation and Open Space Plan, unless or until a more detailed map is prepared for Chestnuthill Township.
[4]
In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitabilities for inclusion in the proposed conservation open space in consultation with the Planning Commission and in accordance with § 98-76 of this chapter and applicable sections of Chapter 119, Zoning.
[5]
On the basis of those priorities and practical
considerations given to the tract's configuration, its context in
relation to resource areas on adjoining and neighboring properties,
and the applicant's subdivision objectives, secondary conservation
areas shall be delineated to meet at least the minimum area percentage
requirements for conservation open space and in a manner clearly indicating
their boundaries as well as the types of resources included within
them.
(b)
If a conservation design subdivision is not
proposed, the applicant shall show measures that will be used to minimize
impacts upon important natural features. The applicant shall show
that every reasonable effort has been made to locate development to
avoid the over 25% slopes, one-hundred-year floodplain and wetlands,
and minimize impact upon the secondary conservation areas. In addition
to meeting any requirement for common open space, important natural
features should also be protected as part of individual lots (such
as large rear yards and/or through conservation easements).
(2)
Potential development areas concept map. Based upon
consideration of the existing features map and the primary and secondary
conservation areas (as described above), the potential development
areas shall be mapped. These potential development areas are areas
that are best suited for the majority of the development on the tract.
(3)
Location of home/development sites. In respect of the primary and
secondary conservation areas described above, the approximate proposed
locations of new homes/principal buildings shall then be selected.
It is recognized that on-lot septic system suitability needs to influence
these choices, when septic systems are used. It is also recognized
that some intrusions into the secondary conservation areas may be
necessary to allow reasonable uses of the land, provided that such
development is carefully located and designed to minimize impacts
upon valuable resources and features. These home/development sites
can also be selected to maximize views, including views into the conservation
areas.
[Amended 5-1-2014 by Ord. No. 2014-02]
(a)
While the mapping of existing features required by this section
is required to be accurate and to scale, the locations of proposed
home/development sites, lot lines, streets and trails may be at a
sketch plan level of detail for the purposes of complying with this
section.
(b)
The applicant shall provide a written and graphic analysis of
how the proposed development will respect and incorporate the important
resources of the site and be coordinated with resources, open space/trail
corridors and views on surrounding properties. This may involve an
overlay map that shows important natural features and proposed development.
(4)
Layout of infrastructure. A sketch of the tentative infrastructure
layout shall then be designed to serve the appropriate building sites.
[Amended 5-1-2014 by Ord. No. 2014-02]
(a)
With home/development site locations identified, applicants
shall delineate a street system to provide vehicular access to each
home/development site in a manner conforming to the tract's natural
topography and providing for a safe pattern of circulation and ingress
and egress to and from the tract.
(b)
Streets shall avoid or at least minimize adverse impacts on
the conservation open space areas. To the greatest extent practicable,
wetland crossings and new streets or driveways traversing slopes over
15% shall be avoided.
(c)
Street connections shall generally be encouraged to minimize
the number of new culs-de-sac and to facilitate easy access to and
from home/development sites in different parts of the tract and on
adjoining parcels.
(d)
A proposed network of trails shall also be shown for residential
projects, connecting streets with various natural and cultural features
in the conserved conservation open space. Potential trail connections
to adjacent parcels shall also be shown, in areas where a municipal
trail network is envisioned.
(e)
Preferred locations for stormwater and wastewater management
facilities shall be identified using the Existing Resources/Site Analysis
Map as a base map. Opportunities to use these facilities as a buffer
between the proposed conservation open space and development areas
are encouraged. The facilities should be located in areas identified
as groundwater recharge areas as indicated on the Existing Resources/Site
Analysis Map. The design of the facilities should strive to use the
natural capacity and features of the site to facilitate the management
of stormwater and wastewater.
(5)
Drawing the lot lines. Tentative lot lines should
then be drawn on the site to encompass the proposed building sites,
to result in a development concept plan. Once this sketch is prepared,
then more detailed engineering may be completed.
[1]
Editor's Note: The Preliminary Plan for Major Subdivision or Land Development Checklist and List of Submittal Requirements is included as an attachment to this chapter.
[2]
Editor's Note: The conservation and development diagrams associated with this subsection are included as an attachment to this chapter.
