[Amended 11-13-2001 by Ord. No. 120]
The plat requirements and application procedures
shall be followed by developers as set forth herein and shall be submitted
to the Planning Commission for review prior to consideration by the
Board of Supervisors.
Prior to the filing of an application for conditional
approval of a preliminary plat, the applicant shall submit the following
plans and data to the Planning Commission:
A.
General information. Describe existing covenants,
land characteristics, community facilities and utilities, the number
of lots and sizes, business areas, playgrounds, utilities and street
improvements.
B.
Location map. Map shall show relationship of the proposed
subdivision to existing community facilities which serve or influence
it and existing facilities, title, scale and North arrow.
C.
Sketch plan. Sketch plan at a scale of one inch equals
100 feet or larger shall show in simple sketch form the proposed layout
of streets, lots and other features in relation to existing conditions
and shall include the following:
(1)
The proposed name of the subdivision or land development.
(2)
Name of the applicant.
(3)
Name of the registered owner.
(4)
North point, scale and date.
(5)
Name of the engineer, surveyor, landscape architect
or other qualified person responsible for the map.
(6)
Tract boundaries with bearings and distances.
(7)
Approximate location of watercourses, tree masses,
rock outcrops, existing buildings and actual location of sanitary
sewers, storm sewers and inlets, water mains, easements, fire hydrants,
railroads, existing or confirmed streets and their established grades.
(8)
Adjacent street.
(9)
Zoning district in which property is located and required
front, side and rear yard lines.
D.
Review. After review and discussion with the applicant,
the Planning Commission shall indicate the suitability of the plan
for development into preliminary plats.
A.
Preliminary plat application. The applicant shall prepare and submit to the Planning Commission Secretary at least 15 days prior to the regular monthly meeting of the Planning Commission 15 copies of the preliminary plats of the total land to be ultimately developed for review by the Planning Commission according to the requirements and standards contained herein. Upon receipt of the plat, the Planning Commission shall forward a copy to the Beaver County Planning Commission for review and recommendation, comments to be submitted back to the Township of Brighton within 30 days of submittal.
B.
Application fee. At the time of filing an application
for preliminary plat approval, the applicant shall pay to the Board
of Supervisors, for use by the Township, a fee set by resolution to
defray the cost of processing of such plat approval applications and
for payment to consultants hired by the Township of Brighton to conduct
reviews of said applications.
C.
The preliminary plat shall be drawn at a scale of
100 feet to the inch or greater and shall show or be accompanied by
the following information. All information required shall be supplied
to the extent and in the manner required by the Township of Brighton
Standard Drawings and Specifications for construction guidelines:
(2)
Names and addresses of the owner or owners of the
property.
(3)
Name of the subdivision or land development to be
recorded.
(4)
North point, scale and date.
(5)
Name of professional engineer or the professional
land surveyor who surveyed the property and prepared the plat.
(6)
Tract boundaries with bearings, distance, total area
in acres and area in square feet of each proposed lot.
(7)
Contours at vertical intervals of two feet or, in
the case of relatively level tracts, at such lesser interval as may
be necessary for satisfactory study and planning of the tract.
(8)
Datum to which contour elevations refer. Where reasonably
practicable, data shall refer to known, established elevations.
(9)
Show all existing watercourses, wetlands, banks, tree
masses and other significant natural features.
(10)
Identify any floodplain, flood hazard area,
flood-prone area as established by the Federal Emergency Management
Agency.
(11)
Show location and size of all existing buildings,
location and size of all existing structures located on abutting property
if within 50 feet of the property line, location, size and invert
elevation of all sanitary and stormwater sewers, and location of all
manholes, inlets, culverts and bridges; water mains, gas mains, fire
hydrants, telephone conduit lines, electric power transmission line,
petroleum or petroleum products lines and other significant man-made
features.
(12)
All existing streets located on or adjacent
to the tract, including name, right-of-way widths and cartway width
and type of improvement materials used on the cartway.
(13)
All existing property lines, easements and rights-of-way
and the purpose for which the easements or rights-of-way have been
established.
(14)
Location and width of all proposed streets,
alleys, rights-of-way and easements, entrances, parking facilities,
loading spaces, signs, lighting facilities, fences or walls, proposed
lot lines with approximate dimensions, proposed minimum setback on
public buildings, public areas and parcels of land proposed to be
dedicated or reserved for public use.
(15)
The preliminary plat shall show the names of
owners of all abutting unplotted land and the names of all abutting
subdivisions and land development.
(16)
Where the preliminary plat covers only a part
of the applicant's entire holding, a sketch shall be submitted of
the prospective street and lot layout of the remainder of the land.
(17)
A plan of the proposed public water distribution
system for review and approval by the appropriate authority or a plan
showing the location of individual wells in accordance with the requirements
of the Pennsylvania Sewage Facilities Act (Act 537), as amended.[1]
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
(18)
A plan of the proposed sanitary sewer collection
system or treatment facilities when proposed will be required for
review and approval of the appropriate authority.
(19)
Where on-lot sewage disposal systems are proposed,
the applicant or owner shall submit a completed Department of Environmental
Protection Sewage Facilities Planning Module in accordance with the
requirements of the Pennsylvania Sewage Facilities Act (Act 537),
as amended.[2]
[2]
Editor's Note: See 35 P.S. § 750.1
et seq.
(20)
Preliminary plat shall identify the zoning district
in which the property is located and show the zoning boundaries, if
any, that traverse or are within 300 feet of the area covered by the
plan.
(21)
Preliminary plat shall show such street extensions
or spurs as are reasonably necessary to provide adequate street connections
and facilities to adjoining or contiguous developed or undeveloped
areas.
(22)
Subsurface condition (whether undermined, etc.)
of the tract to be subdivided or developed.
(23)
Profiles showing existing ground and proposed
street center-line grades.
(24)
Typical cross section of roadways showing cartways,
water, sanitary and stormwater sewers, gas, electric and telephone
utilities and sidewalks.
(25)
The applicant shall provide such additional
information as may be required by the Planning Commission, Board of
Supervisors, Township Engineer, Zoning Officer or Sewage Enforcement
Officer in order to more fully evaluate the proposed subdivision or
land development and its effect on adjacent property or the Township
as a whole.
(26)
A utility plan showing the location and size
of the proposed gas, electric, telephone and cable television systems
with written approval from the appropriate utility company.
(28)
A plan, calculations and narrative for the collection,
management and discharge of all stormwater. The applicant shall further
provide all information and plans necessary to indicate that the existing
off-lot watercourse and drainage system is adequate to accommodate
the stormwater resulting from the proposed subdivision or land development
or a plan for improving the off-lot drainage system to meet the demand.
Plans and reports shall be prepared in accordance with Township policy,
guidelines and the Pennsylvania Storm Water Management Act.[3]
[3]
Editor's Note: See 32 P.S. § 680.1
et seq.
(29)
The preliminary plan shall identify location
of all proposed recreational facilities.
D.
Supplementary data required. The preliminary plan
shall be accompanied by the following supplementary data:
(1)
A plan revision module for land development as required
by the Pennsylvania Department of Environmental Protection.
(2)
Plan for the control of erosion and sedimentation
for review by the County Conservation District Office, as required
by the Pennsylvania Clean Streams Law[4] or Chapter 102, Erosion Control, of the Rules and Regulation
of the Pennsylvania Department of Environmental Protection.
[4]
Editor's Note: See 32 P.S. § 680.1
et seq.
(3)
Typical street cross-section drawings for all proposed
streets.
(4)
Profile sheets of all proposed streets and improvements
with the following information:
(a)
Existing and finished profile along center line
of proposed street.
(b)
Finished grade at fifty-foot stations located
along the center line of the proposed street, all vertical curve elevations
information, length, including beginning-ending elevations, high and
low points located along said vertical curve.
(c)
Finished profile for all sanitary sewers, stormwater
sewers and water lines with stations, identification numbers, invert
and top elevations, size and type of materials and percent of slope
of each utility proposed.
(d)
The sight distance for all vertical curves shall
be identified on the street profiles.
(5)
A written report from the municipal water and sewer
authority on the availability of public water and sewer service to
proposed development.
(6)
If connection to a public water or sewage system is
not proposed, a report shall be submitted, prepared in accordance
with the requirement and procedures of the Pennsylvania Department
of Environmental Protection, as to how these utilities are proposed
to be furnished.
E.
The Planning Commission shall not recommend for approval
a land development application unless the following site design guidelines
are met, as demonstrated through renderings of the proposed building
structure(s) from each side:
[Amended 6-11-2007 by Ord. No. 153]
(1)
Structure design and orientation.
(a)
Purpose: In the evaluation of an application
for land development approval, basic structural design components
shall be considered in conjunction with other characteristics of the
use. Monotony of design in single or multiple building projects shall
be avoided. Variation of detail, form, positioning and landscaping
shall be used to provide visual interest and to:
[1]
Create a comfortably scaled commercial or nonresidential
environment.
[2]
Establish an organized variety of building heights
and mass.
[3]
Encourage buildings that are similar in scale
to adjacent buildings.
[4]
Foster a coherent architectural aesthetic design.
[5]
Construct all additions, alterations, and accessory
buildings compatible in design and materials with the principal structure.
(b)
Building scale. The apparent mass, bulk and
scale of large buildings on the elevations visible from the public
right-of-way and pedestrian routes and entries shall be reduced through
the use of such methods as facade modulation and articulation, architectural
detailing, roof treatment, colors, materials and other special features.
[1]
Integration. Commercial buildings should integrate
features along their facades visible from the public right-of-way
and pedestrian routes and entries to reduce the apparent building
mass and achieve an architectural scale consistent with other nearby
structures.
[2]
Facade modulation. Building facades visible
from public streets and public spaces should be stepped back or projected
forward at intervals to provide a minimum facade modulation of 40%.
The minimum depth of modulation shall be one foot and the minimum
width shall be five feet. See Figure 1: Building Scale Criteria, Modulation.
Modulation is the stepping back or projecting forward of the facade
in intervals. Facade modulation and pitched roofs help reduce the
apparent bulk of the building.
 |
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Modulation
|
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Figure 1: Building Scale Criteria, Modulation
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Modulation is the stepping back or projecting
forward of the facade in intervals.
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[3]
Articulation. To break up building mass, buildings
shall be articulated to reduce the apparent scale of buildings and
to convey visual interest. Building mass should be varied both horizontally
and vertically by varying articulation dimensions such as height,
depth and width. Architectural details that are used to articulate
the structure may include reveals, patterns, and other three-dimensional
details that create shadow lines and break up the flat surfaces of
the facade. See Figure 2: Building Scale Criteria, Articulation. Articulation
can be achieved with other building elements such as the roofline,
windows and entries.
 |
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Articulation
|
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Figure 2: Building Scale Criteria, Articulation
|
|
Articulation can be achieved with other
building elements such as the roofline, windows and entries.
|
[4]
Architectural elements. The mass of long or
large-scale buildings can be made more visually interesting by incorporating
architectural elements such as arcades, balconies, bay windows, dormers,
and/or columns.
[5]
Rooflines. A distinctive roofline can reduce
perceived building height and mass, increase compatibility with smaller
scale development, and add interest to the overall design of a building.
Change the roofline by alternating dormers, stepped roofs, gables,
or other roof elements to reinforce the modulation or articulation
interval. Roofs that incorporate a variety of vertical dimensions
such as multilanes and intersecting rooflines are encouraged. Flat-roofed
designs shall include architectural details such a cornices, and decorative
facings to provide interest to the roofline.
(c)
Exterior facade colors shall be of low reflectance,
subtle, neutral or earth tone colors. For exterior walls with a main
entry, street frontage or fronting a parking area for public use two
or more materials shall be used. Exterior walls shall be constructed
of the following materials. (NOTE: Comparable materials may be accepted
by the Planning Commission and approved by the Board of Supervisors.)
[1]
Brick, stone, cast stone, rock, marble, granite,
glass block, tile;
[2]
Stucco or plaster;
[3]
Exterior insulation and finish system (EIFS);
[4]
Metal (for beams, lintels, trim elements and
ornaments);
[5]
Glass with reflectance of less than 20% (however,
only a maximum of 50% of the total area of the building may be constructed
in glass);
[6]
Split face concrete block, poured-in-place concrete,
and tilt-wall concrete. Any use of concrete products shall have integrated
color and be textured or patterned. Tilt-wall concrete structures
shall have reveals, punch-outs, or similar surface characteristics
to enhance the facade on at least 10% of each facade; or
[7]
Sheet metal or vinyl siding shall not extend
to grade and is recommended only above the ground floor.
(d)
Mechanical equipment attached to the exterior
or roof of a building should be kept low and placed where they are
not visible from the front facade.
(e)
Ground-mounted mechanical equipment should be
screened with a fence or plant materials or housed in a structure
compatible in design and materials with the principal structure.
(2)
Screening. A buffer yard or landscape screen as outlined in § 195-137.1 of the Township Zoning Ordinance shall be provided and maintained on any property in a commercial or industrial district which is contiguous to any residential district or residential land use, except where natural or physical barriers exist which are deemed adequate by the Planning Commission, and except where such contiguity has resulted from an amendment to the zoning district boundaries after the passage of this section. This buffer yard screen shall be composed of plants and evergreen trees arranged to form both as low-level and a high-level screen consistent with the provisions of § 195-137.1 of the Township Zoning Ordinance.
(3)
Landscaping and beautification. Any part or portion of the site which is not used for building, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted and maintained with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan as per the provisions of § 195-137.1 of the Township Zoning Ordinance, and shall be in keeping with natural surroundings. Any off-street parking area with five or more spaces located between the front building line and the right-of-way line shall include at least 50% of all required planting or landscaping in addition to the planting required within one of the buffer yards as outlined in § 195-137.1 of the Township Zoning Ordinance. The parking area shall be graded for proper drainage and paved, and at least one deciduous shade tree, of at least two-inch caliper, shall be provided per five parking spaces, planted to a height of six feet or more at intervals of no greater than 10 feet, or portions thereof located adjacent to the parking area, which shall be landscaped, to include a low-level screen consisting of shrubs or hedges planted at an initial height of not less than two feet in alternating rows. A maximum of 70% of the total area of a parcel may be covered with an impervious surface.
(4)
Storage. Any article or material stored outside an enclosed building as an incidental part of the primary commercial or industrial operation shall be so screened by opaque ornamental fencing, walls or a mix of deciduous and evergreen planting, in addition to the planting, required in buffer yards as outlined in § 195-137.1 of the Township Zoning Ordinance, that it cannot be seen when viewed by a person standing on the berm of all abutting streets during any season of the year. All organic rubbish or storage shall be contained in airtight, vermin-proof containers which shall also be screened from public view.
(5)
Lighting. All parking areas, driveways and loading
areas shall be provided with a lighting system in accordance with
an approved lighting plan. All lighting fixtures used shall be subject
to the approval of the Planning Commission and shall not exceed 35
feet in height. All lighting shall be completely shielded from traffic
on any public right-of-way and from any residential district or residential
land use.
(6)
Interior circulation. The interior circulation of
traffic and commercial and industrial areas shall be designated so
that no driveway or access lane providing parking spaces shall be
used as a through street.
(7)
Loading areas. Areas provided for loading and unloading
of delivery trucks and other vehicles and for the servicing of businesses
by refuse collections, fuel and other service vehicles shall be located
at the side or rear of all buildings, shall not face a street, shall
be adequate in size and shall be so arranged that they may be used
without blockage or interference with the use of accessway or automobile
parking facilities.
(8)
Emergency access.
(a)
The applicant shall demonstrate to the satisfaction
of the Planning Commission that all buildings shown on a land development
plan can be adequately accessed by emergency fire-fighting vehicles
and other emergency equipment. Emergency access shall be required
for the purpose of positioning fire-fighting equipment or other emergency
vehicles in relation to the building so that the equipment can be
effectively used. Emergency access may be provided by means of a fire
lane, a public or private street a driveway or aisle in a parking
area or an unobstructed landscaped area.
(b)
Emergency access shall be provided on at least
one side of each building. The Planning Commission may require emergency
access to be provided on more than one side of a building, if warranted
by site conditions, public safety and the layout of the land development
plan.
(c)
In the event that any applicant disagrees with
the determination of the Planning Commission regarding the provision
of emergency access, the applicant may appeal that determination to
the Board of Supervisors for consideration prior to final action.
(9)
(10)
Traffic control. No proposed street or roadway configuration shall be approved which is likely to create substantial traffic hazards endangering the public safety, nor which is inconsistent with the recommendations and findings of any officially adopted Township traffic study. Traffic control devices may include traffic signals, overhead flashing lights and delineators, such as medial barriers, and not be limited to acceleration and deceleration lanes, turning lanes, one-way traffic flow, traffic and lane markings and signs. The plan for traffic signals shall include a traffic impact analysis. Said analysis shall document expected impacts on adjacent intersections as per the provisions of new § 195-137.2 of the Township's Zoning Ordinance. The developer shall be responsible for the construction of any such traffic control device.
(11)
Stormwater management. Adequate stormwater drainage
facilities shall be installed in conformance with a stormwater management
plan, based on adopted Township guidelines and regulations, to ensure
that stormwater does not flow onto abutting property, sidewalks or
streets in such quantities as to cause detrimental effect. The stormwater
management plan shall ensure to the satisfaction of the Township that
rates of runoff after development shall not be greater than the runoff
which would occur on the site in its natural state.
(12)
The Planning Commission may recommend land development
approval for a single-family dwelling unit in the HC-1, C-1, or C-2
District on a lot which meets all of the requirements of municipal
ordinances in effect at the time of recording of the plat and which
is now so bounded or limited by other developed lots that it has no
utility as a commercial or other permitted use in those designated
districts and which development approval would not conflict with the
purpose of those districts. The Township Supervisors shall issue final
approval for such land development.
(13)
Signs. Every existing nonconforming sign shall
be removed prior to the initial occupancy of any or all buildings
proposed.
F.
Planning Commission review and action; preliminary
applications.
(1)
The Planning Commission shall review the preliminary
plats and prepare a written report for the Board of Supervisors. The
report shall contain recommendations for approval, conditional approval
or disapproval with specific reasons for the recommended action. No
report or recommendation shall be prepared prior to receipt of the
County Planning Commission's recommendation or expiration of the thirty-day
time period granted for county reviews.
(2)
Prior to preparation of the written report, the Planning
Commission may schedule a special conference mutually convenient to
the applicant and the Planning Commission for consideration of the
preliminary plat. If within 30 days of receipt of the preliminary
plat a mutually convenient date for such meeting cannot be established
with the applicant, consideration of the preliminary plat shall be
conducted at a regular meeting of the Planning Commission.
(3)
The applicant and all Planning Commission members
shall be given at least seven days' written notice of such meeting,
the notice to contain time, place, date and agenda schedule.
(4)
At the Planning Commission meeting when considering
the preliminary plats, the applicant shall be given an opportunity
to discuss any matters in the preliminary plat which might assist
the Planning Commission in making its recommendation to the Board
of Supervisors.
(5)
Unless withdrawn by the applicant at the meeting,
the Planning Commission shall, within five days after the meeting,
issue its written report to the Board of Supervisors.
G.
Action of Board of Supervisors. The Board of Supervisors
shall render its decision on the preliminary plat and communicate
such decision to the applicant not later than 90 days following the
date of the regular Planning Commission meeting next following the
date the application is filed, provided that, should said next regular
meeting occur more than 30 days following the date of filing, the
ninety-day period shall be measured from the 30th day following the
day the application was originally filed.
(1)
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to him at his last known address not later than 15 days following
the decision.
(2)
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements which have not been met and shall, in each
case, cite the provisions of the statute or ordinance relied upon.
(3)
Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein after receipt of all information necessary to render such opinion as required under § 180-12 shall be deemed an approval of the application in terms as presented unless the applicant has agreed, in writing, to an extension of time 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.
H.
Nature of approval. Approval of a preliminary plat shall not constitute approval of a final plat, unless said preliminary plat consists of a maximum of three new parcels or lots intended for development as residential uses, in which case preliminary plat approval may act as final plat approval where the Board of Supervisors and the Township Engineer find that further review is not required. The provisions of § 180-14 shall apply to any applications herein described. In all other cases, preliminary plat approval shall be an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat. Granting of preliminary approval shall not qualify a plat for recording nor authorize development or the issuing of any building permit, except as herein specified.
Upon approval of the preliminary plat, the developer
shall submit an application for approval of a final plat. The application
shall be submitted to the Planning Commission Secretary 15 days prior
to a regular meeting of the Planning Commission and shall include
15 copies of the final plat.
A.
Specification for final plan. For any subdivision
requiring final approval, the plats submitted must meet the following
specifications:
(1)
Attestation by the applicant stating that the applicant
is the owner of the tract or land proposed to be subdivided or developed.
(2)
Shall be drawn and submitted on new linen tracing
cloth or submitted on a linen duplication reproducible tracing cloth.
(3)
Shall be drawn and submitted with all information
presented in the manner and to the extent required in the Township
of Brighton Standard Drawings and Specifications for Construction.
(4)
Shall be on sheets not larger than 34 inches by 44
inches overall. It is recommended that as far as practicable final
plat sheets be held to the following overall sizes: 17 inches high
by 22 inches wide; 22 inches high by 34 inches wide; 34 inches high
by 44 inches wide. There shall be a border of 1/2 inch on all sides
except the binding end which shall be 1 1/2 inches. Where necessary
to avoid sheets larger than the maximum size prescribed above, final
plats shall be drawn in two or more sections accompanied by a key
diagram showing relative location of the section.
(5)
Shall be drawn with waterproof ink and all records,
data entries, statements, etc., thereon shall also be made with the
same type of ink or reproducible typing.
(6)
Shall be drawn to a scale of 100 feet to the inch
or larger; more than one sheet may be used for larger tracts and must
be indexed.
(7)
Shall contain a title block in the lower right-hand
corner with the following information:
(a)
Name under which the subdivision plat is to
be recorded.
(b)
North point, scale and date.
(c)
Name of the recorded owner and applicant.
(d)
Municipality in which the subdivision is located.
(e)
Name, address and seal of the registered professional
land surveyor preparing the plat.
(f)
Certificate of ownership, including name of
owner of record, deed book volume, date of instrument and date of
recording.
(8)
Beyond the boundary lines of the proposed subdivision
or land development, all final plats submitted shall be drawn according
to the following:
(9)
Within the subdivision or land development boundary
lines, all final plats shall be drawn according to the following:
B.
Application fee. At the time of filing of the application
for approval of final plats, the applicant shall pay to the Board
of Supervisors, for use by the Township, a fee set by resolution to
defray the cost of processing such plat approval applications and
drafting the same on the Official Map of the Township and for payment
to consultants hired by the Township of Brighton to conduct reviews
of said applications.
C.
All final plats submitted shall show the following
information:
(1)
Primary control points or permanent monuments or description
and ties to such control points or monuments, to which all dimensions,
angles, bearings and similar data shall be referred.
(2)
Accurate description shown by bearings and dimension
in feet and hundredths of a foot shall be shown on all tract boundary
lines, center lines of streets, easements and right-of-way lines,
property lines of lots, tangent bearings, deflection angles, radii,
arcs and central angles of all curves and tangent distances between
curves. The error of closure for all descriptions subject to approval
shall not exceed one foot in 10,000 feet.
(3)
Name and right-of-way width of each street or right-of-way.
(4)
Location, dimensions and purpose of all easements
in or across the subdivision plat.
(5)
Number to identify each lot, site or parcel of land.
(6)
Purpose for which sites other than residential are
to be dedicated.
(7)
Building setback line on all lots and sites.
(8)
Location and description of survey monuments.
(9)
Names of recorded owner of adjoining plotted or unplotted
land.
(10)
Certification of professional land surveyor
who prepared the plat certifying to the accuracy of the survey and
plat.
(11)
Attestation by the applicant stating that the
applicant is owner of the tract or land proposed to be subdivided.
(12)
Statement by the owner dedicating the streets,
the right-of-way easements and any sites proposed for public use.
(13)
Such other certificates, bonds, affidavits,
endorsements or dedication as may be required in the enforcement of
this part.
(14)
All plats which will require access to a highway
under jurisdiction of the Pennsylvania Department of Transportation
shall contain a notice that a highway occupancy permit is required
pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No.
428), known as the "State Highway Law," before driveway access to
a state-owned right-of-way is permitted.
D.
Planning Commission review and action; final subdivision
applications.
(1)
The Planning Commission shall review the final plats
and prepare a written report for the Board of Supervisors. The report
shall contain recommendations for approval, conditional approval or
disapproval with specific reasons for the recommended action.
(2)
Prior to finalization of the written report, the Planning
Commission may schedule a special meeting mutually convenient to the
applicant and the Planning Commission for consideration of the final
plat. If within 30 days of receipt of the final plat a mutually convenient
date for such meeting cannot be established with the applicant, consideration
of the final plat shall be conducted at a regular meeting of the Planning
Commission.
(3)
Mediation may be offered as an option in order to expedite the approval process; said mediation shall be conducted as per the provisions of § 195-156G of the Township of Brighton Zoning Ordinance.
(4)
The applicant and all Planning Commission members
shall be given seven days' written notice of such meeting, the notice
to contain time, place, date and agenda schedule.
(5)
At the Planning Commission meeting when considering
the final plat, the applicant shall be given an opportunity to discuss
any matter in the final plat which might assist the Planning Commission
in making its recommendation to the Board of Supervisors.
(6)
Unless withdrawn by the applicant at the meeting,
the Planning Commission shall, within five days after the meeting,
issue its written report to the Board of Supervisors.
E.
Action of the Board of Supervisors. The Board of Supervisors
shall render its decision on the final plat and communicate its decision
to the applicant not later than 90 days following the date of the
regular Planning Commission meeting next following the date the application
is filed, provided that, should the next regular meeting occur more
than 30 days following the date of filing, the ninety-day period shall
be measured from the 30th day following the day the application was
originally filed.
(1)
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to him at his last known address not later than 15 days following
the decision within the ninety-day review period.
(2)
When the application is not approved as filed, the
decision shall specify the defect found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the statute or ordinance relied upon.
(3)
Failure of the Board of Supervisors to render a decision
and communicate it to the applicant within the time and in the manner
required herein shall be deemed an approval of the application in
terms as presented unless the applicant has agreed, in writing, to
an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended communication shall have like effect.
(4)
From the time an application for approval of a final
plat is duly filed as provided in this part and while such application
is pending approval or disapproval, no change or amendment of the
zoning, subdivision or other governing ordinance or plan shall affect
the decision on such application adversely to the applicant, and the
applicant shall be entitled to a decision in accordance with the provisions
of the governing ordinances or plans as they stood at the time the
application was duly filed. However, if an application is properly
and finally denied, any subsequent application shall be subject to
the intervening change in governing regulations. When an application
for approval of a final plat has been approved or approved subject
to conditions acceptable to the applicant, no subsequent change or
amendment in the zoning, subdivision or land development or other
governing ordinance or plan shall be applied to affect adversely the
right of the applicant to commence and to complete any aspect of the
approved development in accordance with the terms of such approval
within five years from such approval. Where final approval is preceded
by preliminary approval, the five-year period shall be counted from
the date of the preliminary approval. In the case of any doubt as
to the terms of a preliminary approval, the terms shall be construed
in the light of the provisions of the governing ordinances or plans
as they stood at the time when the application for such approval was
duly filed.
(5)
Before acting on any subdivision or land development
plat, the governing body or the planning agency, as the case may be,
may hold a public hearing thereon after public notice.
Plans and data involving subdivisions of three
or fewer residentially zoned lots shall include but not be limited
to the following:
A.
The provisions of §§ 180-11 through 180-13 may be waived for subdivisions of fewer than three residentially zoned lots if no new street construction or openings are required, no wetlands are disturbed and no unusual physiographic or topographic conditions exist. The following requirements are applicable:
(1)
The proposed plat shall be drawn at a scale of 100
feet to the inch.
(3)
The plat shall show or be accompanied by the following:
(a)
Description of covenants.
(c)
Proposed use of the land.
(d)
Lot line, dimensions and land area of proposed
lot; also, the area remaining in the original parcel.
(e)
Existing and proposed streets, alleys and/or
easements on or adjacent to the tract.
(f)
Available utilities (if public sewer and water
source and sewage disposal system should be indicated).
(g)
Statement by the owner dedicating streets, easements
and rights-of-way for public use.
(h)
Names of abutting property owners.
(j)
Zoning district in which property is located.
B.
The Planning Commission shall have a period of 45 days within which to determine if a duly filed application for plat approval may be considered for final approval under this section and make recommendations to the Board of Supervisors. Action by the Board of Supervisors shall be in accordance with § 180-13E.
A.
For the purpose of expediting applications and reducing
land development design and development costs, an informal preapplication
conference, where the developer submits a concept plan in accordance
with the following requirements, shall take place during a regularly
scheduled Planning Commission meeting.
(1)
Advisory meetings. A developer shall appear
before the Planning Commission to discuss his proposal. The purpose
of this step is to afford the developer advice and assistance in order
to save time and money, suggest professional assistance if needed,
and to answer any questions the developer may have in regard to filing
an application or other items required.
(2)
General information. The developer shall be
prepared to discuss the details of the proposed site including a description
of existing covenants, land characteristics, community facilities
and utilities, commercially developed areas, residential areas, industrial
areas, playgrounds and proposed protective covenants, utilities and
street improvements.
(3)
Location map. This map shall show the relationship
of the proposed development to existing community facilities which
serve or influence it and shall include the development name, location,
existing facilities, title, scale, North arrow and date.
(4)
Topographic map. The location of the proposed
development shall be shown on the U. S. Geological Survey Map or a
comparable substitute for purposes of relating the development to
the existing topography, slopes, gradient and other physical features.
(5)
Hazards. Land subject to hazards of life, health
and safety shall not be developed until such hazards have been removed.
These hazards shall be interpreted to mean land subject to flooding,
slides due to excessive slope or excavation, land of excessive or
improper fill material, or land improperly drained.
(6)
After review and discussion with the developer,
the Planning Commission shall indicate the suitability of the plan
for further consideration and submission of an application for land
development approval.
(7)
If the developer's concept plan shows that he
intends to subdivide in several phases, a master concept plan showing
the master land development plan of the entire proposed development
including all proposed phases shall be submitted with the application
for land development approval.
B.
On recorded parcels of two acres or less in area,
where the proposed development involves less than 2,000 square feet
of new construction, with the exception of fast-food restaurants and
convenience retail uses developed with or without automotive fueling
facilities, and no new public utilities or extension of public roadways
or streets, the Planning Commission may recommend waiver of certain
land development submission requirements, including the submission
of a stormwater management plan, as deemed appropriate.
The amendment, alteration or revision of a previously
approved plat or the combination or recombination of lots or portions
of previously plotted lots, where the resultant lots are increased
in street frontage and total area size, which meets or exceeds the
standards of this part and the previously approved final plats shall
subject the replotted subdivision or land development to the procedures
and regulations heretofore described, except as they may be modified
on application at the sole discretion of the Township of Brighton
Planning Commission and approved by the Board of Supervisors.
