A.
The Board of Supervisors may grant a modification
of the requirements of one or more provisions of this chapter if the
literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and that
the purpose and intent of the chapter is observed.
B.
Any request for a modification shall be in writing
and shall accompany and be a part of the application for development.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of the chapter involved, and the minimum modification necessary.
C.
The Board may refer the request for modification to
the Township Planning Commission for advisory comments.
D.
In granting modifications, the Board may impose such
conditions as will, in its judgment, secure substantially the objectives
of the standards and requirements so modified.
E.
The Township shall keep a written record of all action
on all requests for modifications.
A.
The Township shall assign a subdivision application
file name to all subdivision and land development applications, and
all matters referring to an application should be filed in accordance
with the subdivision file name. The Township shall keep a record of
its findings, decisions, and recommendations relative to all plans
filed with it for review.
B.
All such records shall be public records.
A.
No application for preliminary or final approval shall
be deemed to have been submitted until the fee and escrow deposit,
as set forth below, shall have been paid. Failure by the developer
to deliver the funds necessary to meet the escrow requirement within
30 days of receipt of the plans by the Township Secretary shall constitute
good and sufficient grounds for the rejection of the plans as received.
B.
A subdivision or land development application fee (nonrefundable) and an escrow deposit shall be submitted with any application for preliminary or final plan review and/or approval to cover the costs of plan review and processing. Amounts of the application fee and escrow deposit shall be fixed by the Board of Supervisors by resolution. The escrowed funds shall be used to reimburse the Township for actual expenditures incident to these processes, including but not limited to fees of the Township Engineer and other professionals deemed necessary by the Township, and legal fees in excess of the fee for review of the Township's standard forms. Any costs incurred by the Township in excess of the amount held in escrow shall be fully reimbursed by the applicant prior to the issuance of any permits. Any unexpended balance in the escrow deposit shall become part of the second deposit required in § 130-79C, below.
C.
Following final plan approval and recording and the
establishment of any required performance guarantee, a second escrow
deposit shall be established to cover the cost of inspections of improvements
construction; materials or site testing; or maintenance costs (e.g.,
snow removal, cindering, street sweeping, etc.) prior to the acceptance
of improvements by the Township. Any costs incurred by the Township
in excess of the amount held in escrow shall be fully reimbursed by
the applicant. Any unexpended balance in the escrow deposit following
acceptance of dedication of improvements by the Township shall be
returned to the applicant. The amount of the escrow deposit shall
be fixed by the Board of Supervisors by resolution. This escrow deposit
may be waived by the Board of Supervisors where the proposed development
will not include the construction or installation of any public improvements.
A.
In addition to other remedies, the Board of Supervisors
may institute and maintain appropriate actions by law or in equity
to restrain, correct, or abate violations, to prevent unlawful construction,
to recover damages, and to prevent illegal occupancy of a building,
structure, or premises.
B.
The Township may refuse to issue any permit or grant
any approval necessary to further improve or develop any real property
which has been developed or which has resulted from a subdivision
of real property in violation of this chapter. This authority to deny
such a permit or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the
time of such violation without regard as to whether such vendee or
lessee had actual or constructive knowledge of the violation.
(3)
The current owner of record who acquired the property
subsequent to the time of violation without regard as to whether such
current owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record
who acquired the property subsequent to the time of violation without
regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
As an additional condition for issuance of a permit
or the granting of an approval to any such owner, current owner, vendee,
or lessee for the development of any such real property, the Township
may require compliance with the conditions that would have been applicable
to the property at the time the applicant acquired an interest in
such real property.
Any person, partnership, or corporation who
or which has violated the provisions of this chapter shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $500, plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied,
or by payable until the date of the determination of a violation by
the District Justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day that a violation continues
shall constitute a separate violation, unless the District Justice
determining that there has been a violation further determines that
there was a good-faith basis for the person, partnership, or corporation
violating the chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice and thereafter each day that a violation continues
shall constitute a separate violation.
Appeals from the actions of the Board with respect
to any application for subdivision or land development approval shall
be governed by the provisions of Act 170[1] as they may be amended from time to time, or any successor
legislation thereto.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
The Board of Supervisors may, from time to time,
revise, modify, and amend this chapter by appropriate action taken
at a duly advertised public hearing, all in accordance with the applicable
provisions of Act 170.
[Added 7-10-2001]
A.
In order to more effectively evaluate subdivision and/or land development proposals and other projects, the applicant shall be required to disclose the consequences or effects of such proposals through the submission of an impact assessment and mitigation report. The report is intended to provide the Township with the information to objectively evaluate potential adverse impacts of a project, and most importantly, to require a mitigation of adverse impacts. The report shall be a means of attaining the overall objectives of Chapter 170, Zoning, and protecting existing features, conditions, and resources from destruction or degradation. Further, the report shall address conformance with the relevant prevailing federal, state and county statutes, codes, rules and regulations regarding the impact assessment topics of this § 130-84. In addition, the report may include information required in other sections of this chapter, such as § 130-27D, for a conservation plan.
B.
A report shall be submitted for all of the following.
(1)
Any application for preliminary plan and final plan
approval for a subdivision and/or land development which involves
four or more dwelling units or residential lots.
(2)
Any application for preliminary plan and final plan
approval for a subdivision and/or land development in the C Local
Commercial, AB Agricultural Business, and GC-I General Commercial
Industrial Districts, where the proposed gross floor area of a building
or buildings either individually or cumulatively is 2,000 square feet
or greater.
[Amended 9-13-2005 by Ord. No. 8-05]
(3)
Any application for preliminary plan and final plan
approval for a subdivision and/or land development for any other nonresidential
use, except agricultural use and home occupation, where the proposed
gross floor area of a building or buildings either individually or
cumulatively is 2,000 square feet or more. Such nonresidential use
would be a permitted use in the AP, RA-2, R-1, and R-2 Districts,
such as a church, retail use, restaurant, personal service establishment,
office, or medical or dental clinic.
(5)
Any proposed development which is a use by special
exception, except for home occupation.
(6)
Any other proposed development that the Board of Supervisors
deems to be of potentially substantial impact such as a sewage treatment
plant, a water treatment plant, trash to steam plant, landfill, highway
and/or bridge construction project, nuclear power plant, nuclear waste
dump, or other similar proposal.
C.
The report shall contain text, tables, maps, analyses,
and assessments, which document the probable impact resulting from
the proposed subdivision and/or land development, and the mitigation
proposed to offset the impacts, in accordance with the format and
content outline specified below.
D.
Twelve copies of the report shall be submitted. Within
the report, specific emphasis shall be directed toward the proposed
effects of the project on and relationship to applicable site, neighborhood
(including areas in adjacent townships where applicable) and Township-wide
resources, conditions or characteristics. The report shall include
text, tables, maps and analyses for the purpose of describing the
project site, proposed use(s), and the characteristics and the effects
of the proposal as follows:
(1)
An identification of the site location and area through
the use of a location map drawn at a scale of not more than 2,000
feet to the inch. The location map shall depict all streets, adjoining
properties, zoning district boundaries and municipal boundaries within
2,500 feet of any part of the lot. In the case of development of a
section of the entire lot, the location map shall also show the relationship
of the section to the entire lot.
(2)
An identification of the site character and appearance
through the presentation of photographs or copies thereof. Such photographs
shall provide a representation of what the site looks like from the
ground. Photographs should be properly identified or captioned and
shall be keyed to a map of the site.
(3)
An identification of the nature of the proposal through
the presentation of the following:
(a)
A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the lot and a depiction of the features which are proposed such as streets, driveways, parking areas, buildings and other structures, and all impervious surfaces. The plan shall be drawn at a scale of not more than 100 feet to the inch and may be submitted as an attachment to the report. The plan shall reflect all the information required under the plan requirements of Article V.
(b)
Floor plans and elevations depicting the proposed
size, square footage, height, number of rooms (where applicable) of
buildings and/or other structures.
(c)
A statement indicating the existing and proposed
ownership of the lot and where applicable, the type of ownership,
operation and maintenance proposed for areas devoted to open space
or otherwise not under the control of a single lot owner.
(d)
A statement indicating the proposed staging
or phasing of the project and a map depicting the boundaries of each
stage or phase of the project. Such boundaries shall be superimposed
on a version of the site development plan.
(4)
An identification of physical resources associated
with the natural environment of the lot including such features as
topography, soils, hydrology and the like, as well as the proposed
changes to such features. The identification of physical resources
shall include a narrative description of the resources mentioned above.
In addition, these resources shall be mapped at a scale of not more
than 100 feet to the inch as specified below and may be either incorporated
into the report or submitted as attachments to the report.
(a)
A map depicting the topographical characteristics
of the lot. Such map shall contain contours with at least two-foot
intervals and shall depict slopes ranging from zero to 15%, 15 to
25%, and greater than 25%.
(b)
A map depicting the soil characteristics of
the lot. Such map shall depict all soil types and shall include a
table identifying soil characteristics pertinent to the proposed subdivision
and/or land development such as depth of bedrock, depth of water table,
flood hazard potential, and limitations for septic tank filter fields
whenever on-lot sewage disposal systems are proposed. In addition,
the map shall depict hydric soils and the soils associated with the
Steep Slope Conservation District.
(c)
A map depicting the hydrological characteristics
of the lot. Such map shall depict surface water resources, and their
drainage characteristics, watersheds and floodplains. Surface water
resources include features such as creeks, runs and other streams,
wetlands, ponds, lakes, and other natural bodies of water, springs,
and any man-made impoundments.
(d)
An assessment of the water quality impacts of
proposed development including:
[1]
Physical impacts due to excessive turbidity,
color, and odor, based on prevailing federal, state, and county standards.
[2]
Chemical impacts due to excessive nitrates,
chlorides, detergents, total dissolved solids, TCE, and phenols, based
on prevailing federal, state, and county standards.
[3]
Bacteriological impacts due to excessive fecal
coliforms, based on prevailing federal, state, and county standards.
(e)
An assessment of the water quantity impacts of proposed development. In addition to the requirements of § 130-50B of this chapter pertaining to test well requirements for individual, on-site water supply systems, the following shall apply:
[2]
The assessment of water quantity impacts shall
demonstrate that there will be no adverse effects as a result of proposed
water withdrawals, on individual wells and other water supply systems
of adjoining properties.
[3]
The assessment of water quantity impacts shall
also demonstrate that there will be no adverse effects relative to
the local groundwater level and stream baseflow, especially in headwater
areas and first order and headwater streams.
(5)
An identification of vegetation resources of the lot,
including a narrative description of same, as well as the proposed
changes to such resources. These resources shall be mapped at a scale
of not more than 100 feet to the inch, and may be either incorporated
into the report or submitted as attachments to the report.
(a)
A map depicting the vegetation characteristics
of the lot. Such map shall define the locations and boundaries of
the woodlands and riparian forest buffers of the tract; depiction
of the woodlands shall be consistent with the location, classification,
and specified wooded areas (i.e., forest interior, forested slope,
forested headwater) as shown on Map 5-4, Woodland Classification,
of the Londonderry Township Comprehensive Plan of 2007 (as it may
be amended from time to time). Such map also shall note the types
of vegetation associations which exist in terms of their species,
types, and sizes. In addition, all trees eight inches or greater in
caliper, and any other specimen trees, as defined by this chapter,
shall be accurately located on the map either as freestanding trees
or as tree masses.
[Amended 10-8-2002; 2-11-2014 by Ord. No. 01-2014]
(6)
An identification of the land use conditions and characteristics
associated with the lot such as: current and past use, land cover
and encumbrances; and the relationship of these to adjacent lots.
The identification of land use conditions and characteristics shall
include a narrative description of the above. In addition, the following
maps drawn at a scale of not more than 100 feet to the inch shall
be incorporated into the report or submitted as attachments to it.
(a)
A map depicting the land cover characteristics
of the lot. Such map shall define existing features including: paved
or other impervious surfaces, woodland and forest areas, cultivated
areas, pasture, old fields, lawns, landscaped areas and the like.
(b)
A map depicting any use restrictions or nonmonetary
encumbrances to the lot. Such map shall define easements, rights-of-way
and other areas where certain use privileges exist or are proposed.
(c)
A map depicting the land uses adjacent to the
proposed lot. Such map may be at the same scale as the location map.
(d)
A map depicting any substantive subsurface conditions
such as an old quarry, an old dump, an old cemetery, other buried
condition.
(7)
An identification of the historic resources associated
with the lot, and any proposed changes to such resources. The identification
of historic resources shall include a narrative description of the
above. In addition, a map drawn at a scale of not more than 100 feet
to the inch depicting historic resources shall be incorporated into
the report or submitted as an attachment to the report.
(8)
An identification of the scenic resources associated
with the lot, and proposed changes to such resources. Scenic resources
shall be those identified on Map 6-1, Scenic Resources, of the Londonderry
Township Comprehensive Plan of 2007 (as it may be amended from time
to time). The identification of scenic resources shall include a narrative
description. In addition, a map drawn at a scale of not more than
100 feet to the inch depicting scenic resources shall be incorporated
into the report or submitted as an attachment to the report.
[Amended 2-11-2014 by Ord. No. 01-2014]
(9)
An identification of the community facility needs
associated with the users and/or residents of the proposed project.
The community facility needs assessment shall indicate in narrative
form the type of services which will be in demand. Where applicable,
community facilities (such as schools, park and recreation areas,
libraries, hospitals and other health care facilities, fire protection,
police protection, and ambulance and rescue service) shall be discussed
in terms of the ability of existing facilities and services to accommodate
the demands of future users and/or residents of the lot(s) and the
need for additional or expanded community facilities.
(10)
An identification of the utility needs associated
with the users and/or residents of the proposed project. The utility
needs assessment shall indicate in narrative form the type of installations
which will be in demand.
(a)
Utilities (such as those used for water supply,
sewage disposal, refuse disposal, storm drainage, communications and
electrical transmission) shall be discussed in terms of the ability
of existing utility installations to accommodate the demands of the
future users and/or residents of the lot(s); the need for additional
or expanded utility installations; the ability to achieve a safe,
reliable and adequate system quantity of potable water; the ability
to achieve an adequate system for sewage disposal; and the ability
to achieve an adequate system for storm drainage and stormwater management.
(11)
An identification of the relationship of the
transportation and circulation system needs of the proposed project
to the existing street or highway network. A discussion of this relationship
shall be in narrative form and shall indicate factors such as methods
to be used for traffic control within the tract and at points of ingress
to and egress from it; and expected traffic volumes generated from
the project including their relationship to existing traffic volumes
on existing streets for both peak hour and nonpeak hour traffic conditions.
In addition, there shall be a discussion of the physical condition
of existing streets which will service the proposed project and what
improvements are proposed to remedy any physical deficiencies. All
proposed traffic shall result in a level of service "C" or better
at all street intersections on or adjacent to the tract.
(12)
An identification of the demographic characteristics
related to the proposed project. The characteristics which shall be
presented in narrative form shall include a profile of the future
users and/or residents of the lot(s) including information such as
the number of people expected to work or live at the property.
(13)
An identification of the economic and fiscal
characteristics related to the proposed project. The characteristics
which shall be presented in narrative form shall include a profile
of the Township, county and school district revenues which the proposal
may generate and the Township, county and school district costs it
may create. Such information shall be related to initial and completed
project conditions. Relative to costs, the report shall include an
objective disclosure of the negative cost impacts that may occur to
Township services for the operation and maintenance of:
(a)
Streets and roads;
(b)
Recreational facilities;
(c)
Water quality and water quantity facilities;
(d)
Sewage disposal facilities;
(e)
Storm drainage facilities;
(f)
Fire protection;
(g)
Police protection;
(h)
Other emergency services;
(i)
Any other costs related to any other Township
services or facilities.
(14)
An identification of characteristics and conditions
associated with existing, construction-related and future air and
water quality and noise levels, vibration, toxic materials, electrical
interference, odor, glare and heat, fire and explosion, smoke, dust,
fumes, vapors and gases and/or radioactive materials, and/or other
noxious, toxic or hazardous conditions.
(15)
An assessment of the implications of the proposed
project in terms of the type of beneficial or adverse effects which
may result from it; and the duration of these effects in terms of
their short-term or long-term nature. To indicate such effects, there
shall be a discussion of the implications of the proposed project
to the resources, conditions and characteristics described above.
In addition to a narrative presentation of implications, the applicant
shall present a composite map to indicate where the subdivision and/or
land development adversely affects the tract's resources, conditions
or characteristics. The map shall be drawn at a scale of not more
than 100 feet to the inch, wherein the areas adversely affected from
proposed project are highlighted. Such map may be either incorporated
into the report or submitted as an attachment to the report. Further,
the applicant must demonstrate and specify in the report how and where
the findings in the report and its attachments are reflected the plans
for the project. The applicant shall indicate how the proposal represents
the minimum impact to the property and to the neighboring properties.
(16)
Alternatives to the proposed subdivision and/or
land development.
(a)
To indicate such alternatives, the applicant
shall submit exhibits or diagrams which will depict the type of alternatives
described in narrative form. The applicant shall address alternatives
such as:
[1]
Relocation, redesign, and revised layout or
siting of lots, buildings, roads and other structures;
[2]
Alternate methods for sewage disposal and water
supply;
[3]
Reduction in the number of proposed lots, buildings,
roads and other structures;
[4]
Reduction in the size of proposed buildings,
roads, or other structures.
(b)
Such alternatives shall preclude, reduce or
lessen potential adverse impact or produce beneficial effects.
(17)
Measures to mitigate adverse effects. To indicate
such measures, the applicant shall submit exhibits or diagrams which
will depict the type of remedial, protective and mitigative measures
described in narrative form. These measures shall include those required
through existing procedures and standards and those unique to a specific
project, as follows:
(a)
Mitigation measures which pertain to existing
procedures and standards are those related to current requirements
of the state, county and/or Township for remedial or protective action
such as:
(b)
Mitigation measures related to impacts which
may be unique to a specific project are those related to efforts such
as:
[1]
Regrading.
[2]
Revegetation.
[3]
Screening and buffering.
[4]
The creation of landscaped areas.
[5]
Fencing and berming.
[6]
Traffic enhancement through road and intersection
redesign.
[7]
Relocation, redesign and revised layout or siting
of lots, buildings, roads, or other structures.
[8]
Reduction in the number of lots, buildings,
roads, or other structures.
[9]
Reduction in the size of proposed buildings,
roads, or other structures.
[10]
Improved methods for sewage disposal.
[11]
Improved methods for water supply.
E.
In making its evaluation, the Board of Supervisors
and the Planning Commission may request any additional information
it deems necessary to adequately assess potential impacts.
F.
The impact assessment and mitigation report shall
be prepared by a professional engineer, architect, landscape architect,
land planner, or other certified/registered design professional.
G.
The report shall be paid for by the applicant, and
the cost for the review of the report by the Township shall be paid
for by the applicant.
