1. Land development plan review criteria. Any developer or owner of property in the township who proposes to construct a new nonresidential building, a group of two or more residential buildings, to enlarge an existing nonresidential building, change an existing use or to develop a parcel, except for the construction of a single-family dwelling, where permitted, shall provide the Planning Commission with six copies of plans as described in this Chapter. Where an owner or developer proposes to enlarge or relocate parking areas, access drives or to erect signs or other permanent features or improvements on a lot or tract of land, he or she shall provide the Planning Commission with six copies of site plans with supporting drawings to sufficiently illustrate the proposal.
2. Conditional uses. If a developer or owner proposes a use listed as a conditional use in the Township Zoning Ordinance (Chapter 27), which requires that a public hearing be held by the Township Planning Commission, he or she shall first or simultaneously receive approval of his or her proposal as required by the Township Zoning Ordinance (Chapter 27) before proceeding to satisfy the requirements of this Chapter.
3. Procedure for consideration and approval.
A. The developer or owner shall submit all required plans to the Township Planning Commission for action within the prescribed time requirements and to the County Planning Commission 30 days prior to the next regularly scheduled Township Planning Commission meeting.
B. At its next regularly scheduled meeting following the submission of plans, the Planning Commission shall begin a review of said plans for conformity with this Chapter, the physical appearance and arrangement of the structures on the property, vehicular access and circulation into and within the property, parking layout, pedestrian walks, likely points of congestion or other dangerous conditions that may be created by the proposed development on adjacent roads, stormwater drainage systems, signs, outdoor lighting, landscaping and other features of the proposal that may be pertinent to the public health and safety. Said 90-day review period shall commence on the date of the Planning Commission meeting after which a complete application was received. The developer or owner is urged to attend this meeting.
C. The Planning Commission may approve, approve with conditions or deny the proposal as presented. The developer or owner may make revisions as suggested by the Planning Commission and resubmit plans to the township for reconsideration. Where the reconsideration and review will extend beyond the 90-day period authorized, the Planning Commission or Township Board of Supervisors may request an extension of time from the applicant. Where no extension is granted, action shall be taken as prescribed.
D. Immediately after the Planning Commission has made its decision or after the developer or owner proposes no further revisions, the plans shall be submitted to the Township Board of Supervisors which shall review them at its next regular meeting along with the Planning Commission’s actions. The Board of Supervisors shall acknowledge the action of the Planning Commission, including conditions of approval, which shall be attached to any permit issued for any construction on the property within the 90-day review period authorized. The decision of the Planning Commission shall be in writing and shall be communicated to the applicant personally or mailed no later than 15 days following the decision.
E. After final approval by the Township Planning Commission, no change shall be made in a plan unless changes are first reviewed and approved by the Planning Commission. A change in scheduling or sequence in the development of a plan to be carried out over a time period and approved on this basis shall require review and approval as for any other change or phase of development.
F. Separate building permits shall be required for each building to be erected as part of an approved group of buildings on a site in the commercial and industrial districts regardless of the proposed timing of the construction of each. Site development work including, but not limited to, paving, stormwater drainage structure and landscaping shall be included as part of the work covered under the building permit and subject to the same completion requirements as for the building. Earth disturbance activities and stormwater management and design standards for said facilities shall be in compliance with Part 6 of this Chapter.
G. At least 10% of the gross area of any property to be developed shall be landscaped per the approval of the Planning Commission. Not less than 5% of the total property area shall be landscaped in that portion lying between the principal structure on the property and the abutting street right-of-way. Landscaping shall include all of the following elements: grassed areas; shrubbery; low trees; ground cover; mulching materials or other features and shall be maintained. Submitted drawings shall clearly show all landscaping elements by type and location.
H. To the extent possible, parking and truck loading areas shall be arranged to be hidden from view from adjacent residential areas or screened from view by use of appropriate landscaping materials, fencing or earth mounding or any combination of these.
4. Contents of land development plan submission.
A. The land development plan shall be presented in six prints at a scale not smaller than one inch equals 50 feet. A location map at a scale of not less than one inch equals 2,000 feet shall also be provided, on the same sheet if desired, indicating the site in relation to major roads and major landmarks in the vicinity.
B. The land development plan shall contain at least the following information as prepared by a registered professional engineer, surveyor or architect, unless otherwise specified. Additional information may be required by the Planning Commission at its discretion. For existing structures where only the use is changing, design requirements may be waived by the Township Planning Commission.
(1) Bearings and distances of all property lines and area of property in square feet as prepared by a registered land surveyor;
(2) Location of adjacent road curbs or edge of paving and existing and proposed curb cuts;
(3) Public sanitary sewer, water supply, stormwater management, gas, electric, telephone and other utility lines overhead or underground, existing and proposed, in street rights-of-way or in easements, inside the property or within 50 feet of a boundary;
(4) Existing contours, slopes in excess of 25% and proposed regrading at two-foot intervals or spot elevations 50 feet apart in two directions over the property where there are less than 4% slopes;
(5) Location, height and use of all existing structures to remain and new structures, with structures to be removed shown by a dotted outline;
(6) Distances between all proposed structures or additions and property lines;
(7) Paving including access drives from adjacent streets and parking and loading areas on the property, showing treatment of edges, parking layout with dimensions of aisles and spaces, number of spaces, pedestrian walkways, proposed sloping of surfaces to storm drainage system and devices to retard stormwater drainage;
(8) Areas with mature trees or forests as defined herein;
(9) Proposed landscaping by type of feature (tree, shrub, ground cover, and the like), as well as walls, fences, outdoor lighting, and the like;
(10) Proposed signs showing elevation view and noting height of the top of the sign above the ground below and dimensions of sign faces and distances from property lines;
(11) Areas subject to soil erosion, landslide-prone soils, natural watercourses or drainageways and wetlands;
(12) Elevation of each wall of each proposed structure showing architectural treatment or, optionally, a rendered perspective drawing of a structure showing two walls, at least one facing the access street;
(13) The name and address of the owner, developer, engineer and architect (if involved) with the state seals of the professional preparing the surveys and drawings, together with verification from the owner, if not the developer, that he or she concurs with the plan;
(14) North arrow, graphic scale, title and date of submission;
(15) A narrative describing the present and proposed use of the property;
(16) A traffic impact study shall be required if the proposed use or uses generates 50 a.m. or p.m. peak hour trips or more;
(17) Environmental impact statements as specified in division 5. above; and
(18) Certification by the owner of the tract of land proposed to be subdivided that there are no restrictions or covenants in place which would affect any future development or which limits any existing development.
5. Environmental impact statement.
A. Environmental impact statement requirements. Where a combination of two or more of the following site characteristics are present, the Planning Commission may require that an environmental impact statement be submitted as part of the application. Where indicated, all information submitted shall comply with standards established by the Pennsylvania Department of Environmental Protection and shall be received by the Township Planning Commission at least ten days prior to a scheduled review:
(1) Construction activity in undermined areas with less than 100 feet of overburden, as designated by the Bureau of Mining and Reclamation;
(2) Construction activity or encroachment involving a natural stream, watercourse or wetland;
(3) Construction activity within a landslide-prone area, as delineated on landslide susceptibility maps as maintained by the Pennsylvania Geological Survey, or as prepared by recognized experts acceptable to the Township Engineer;
(4) Construction activity involving the removal of 10,000 square feet or more of earth or activity involving the removal of natural vegetation or forest of three acres or more in area; and/or
(5) Construction activity within 100 feet of any wetland.
B. Environmental impact statement content.
(1) A description of the project;
(2) A map indicating:
(a) Limit of the following slope areas:
1) Zero - 15%;
2) Fifteen - 25%; and
3) Over 25%.
(b) All natural watercourses and wetlands;
(c) Undermined areas with less than 100 feet of overburden;
(d) Landslide-prone soils; and
(e) All forested areas.
(3) An assessment of the environmental impact of the proposed development with particular attention paid to those items as outlined in this division 5.;
(4) A list of all licenses, permits and other approvals required by municipal, county, state and federal law and the status of each shall be required before final consideration of the land development plan. Where applicable, the applicant shall submit at the time of consideration of final approval, stream encroachment or relocation, wetlands mitigation, dams or any other permit or permit waiver necessary for construction of the development;
(5) A list of steps proposed to minimize environmental damage to the site and region during construction and operation. The consideration of soil erosion, preservation of trees, protection of watercourses, protection of air resources and noise control are some factors to be considered; and
(6) Evidence that the environmental impact statement was prepared by a professional, competent in the field of concern, i.e., a soils engineer for excavation or soils problems, a geologist or geo-technical consultant for undermining and landsliding problems, and the like.
C. Waiver of environmental report requirement. The Planning Commission may waive the requirement for an environmental impact statement if an applicant requests said waiver in writing, and further, provided said development meets all the standards of the Zoning Ordinance (Chapter 27), does not involve the relocation, improvement or alteration of any streamway and no portion of the site is located within a flood hazard or flood-prone area as delineated on the FEMA map for the township.
D. Waiver of requirements. Provided the land development plan application is in conformance with all applicable provisions of this Chapter, that the applicant has requested such in writing, the Township Planning Commission may waive, alter or reduce any requirement of standards of this Chapter as it relates to a land development plan application, under the following circumstances:
(1) Suitable alternative. Whenever a proposal is offered which presents an alternative which conforms to the spirit and intention of this Chapter; and/or
(2) Unusual site characteristics. Whenever a physical feature exists on or adjacent to the site which prevents a literal conformance to requirements or standards.
E. Modifications. The Township Planning Commission 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 this Section is observed.
(1) All requests for modification shall be in writing and shall accompany and be part of the application for land development or subdivision approval. The request shall state in full the grounds and the facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary.
(2) The Planning Commission shall forward a copy of their decision on such requests for modification to the Board of Supervisors.
F. Request for additional information. Whenever it is determined by the Planning Commission at the outset of the review that additional information is needed in order to make an informed recommendation related to the land development plan application, the Planning Commission will notify the applicant of such and said information shall be provided at the applicant’s expense before the application will be considered complete.
6. Preventative remedies.
A. In addition to other remedies, the township 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. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
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 any ordinance adopted pursuant to 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; and
(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.
(Ord. 1983-3, passed 12-12-1983; Ord. 1998-2-2, passed 2-9-1998) (A.O.)