All proposed subdivisions or land developments
shall be coordinated and planned so as to be compatible with adjoining
or nearby neighborhoods or approved subdivisions or land developments
to the end that harmonious development will result. Such coordination
shall also pertain to subdivisions or land developments located adjacent
to neighboring townships.
Upon the recording of an approved subdivision and/or land development plan, the streets, parks and other public improvements shown thereon shall be and become a part of the Official Map of the Township, subject, however, to the provisions of § 110-44 herein.
All work and materials shall be subject to inspection
for conformity with the terms of this chapter by the Township Engineer.
A.
When any work or materials are determined by the Township
Engineer not to be in compliance with the terms of this chapter or
any other Township ordinance, code, regulation, plan or map, or at
variance with any permit issued therefor, the Township Engineer may,
by notice in writing or verbal order followed by notice in writing,
direct that all work upon improvements in the subdivision or land
development forthwith stop until such noncompliance or variance is
corrected; except as the Township Engineer may deem necessary to prevent
injury or damage to persons or property, no work shall thereafter
be performed upon the same except in accordance with the order of
the Township Engineer.
B.
No underground pipes, works, lines, structures, subgrades
or base courses shall be covered until the same shall be inspected
and approved by the Township Engineer, and if the same have been covered
contrary to the provisions hereof, upon the order of the Township
Engineer the landowner or developer shall cause the same to be forthwith
uncovered so as to permit the inspection thereof.
C.
When an inspection of any improvements shall be required,
or desired by the landowner or developer, the landowner or developer
shall give the Township Engineer 48 hours' notice in advance.
When a subdivision or land development plan
has been approved and recorded in accordance with the provisions of
this chapter, and the improvements thereon completed and approved
by the Board of Supervisors, or, in lieu thereof, an improvement bond
or other security has been furnished the Township, the purchasers
and mortgagees of lots in the subdivision or land development shall
be relieved of any and all liability for any deficiency in, lack of
or failure to complete the said improvements by the landowner or developer,
and any failure to complete or properly complete the said improvements
shall not encumber any lot or lots in the said subdivision or land
development.
Before acting upon any subdivision and/or land
development plan, the Board of Supervisors may conduct a public hearing
thereon, pursuant to public notice.
The landowner and/or developer shall notify
all builders and/or contractors that they shall perform all work in
accordance with the regulations and requirements of this chapter,
and such other Township ordinances, codes, regulations, plans and
maps as shall be applicable thereto.
The Township Planning Commission may recommend
to the Board of Supervisors that the plan requirements for a subdivision
and/or land development be modified or altered in order to encourage
or promote economy and ingenuity in the layout and design of subdivisions
and land developments; to more effectively protect unique and/or sensitive
environmental areas; or to more effectively conform to the purposes
of this chapter, as follows:
A.
With respect to encouraging or promoting economy and
ingenuity in the layout and design of subdivisions and land developments,
the Township Planning Commission may recommend modifications to plan
requirements for, but not limited to, the following types of proposals:
B.
With respect to more effectively protecting various
critical environmental areas, the Township Planning Commission may
recommend modifications to plan requirements for, but not limited
to, the following types of proposals:
(1)
Those which would more effectively protect existing
tree growth, especially notable trees and stands of indigenous vegetation.
(2)
Those which would minimize extensive grading and the
displacement of soil.
(3)
Those which would enhance groundwater recharge.
(4)
Those which would minimize surface water runoff and
improve the management of stormwater.
(5)
Those which would preserve historic or cultural sites
or structures.
(6)
Those which would conserve prime agricultural lands
and soils.
(7)
Those which would minimize visibility of development
and protect the visual quality of ridges and other exposed areas.
C.
In granting modifications to the landowner or developer,
the Board of Supervisors may impose such conditions as will, in its
judgment, secure substantially the objectives of the standards or
requirements so varied or modified.
A.
In order to more effectively evaluate subdivision
and/or land development proposals, the applicant shall be required
to disclose the environmental consequences or effects of such proposals
through the submission of an environmental impact assessment (EIA)
report.
(1)
An EIA report shall be submitted with the preliminary
plan for:
(a)
Any development in the PRD District, and multifamily
development districts including R-A and R-M.
(b)
Any development in the LI, POC, PBC, PBC-1,
B and B-1 Districts.
[Amended 6-3-2015 by Ord.
No. 135]
(d)
Any development which is proposed to have more
than 10 dwelling units; any development of any type which is proposed
on a tract greater than 15 acres in size; or any development where
the gross density is in excess of two dwelling units per acre.
[Amended 6-3-2015 by Ord.
No. 135]
(2)
An updated EIA report shall accompany and form a part
of the final plan for any of the above.
B.
The EIA report shall contain text, tables, maps and
analyses which document the probable impact resulting from the proposed
subdivision and/or land development in accordance with the format
and content outline specified below.
C.
Eighteen copies of the EIA report shall be submitted in accordance with the format and content specified below. Within the EIA report, specific emphasis shall be directed toward the proposed project's effects on and relationship to applicable site, neighborhood (including areas in adjacent townships where applicable) and Township-wide resources, conditions or characteristics. The EIA report shall include text, tables, maps and analyses for the purpose of describing the project site, proposed use(s), environmental characteristics and the environmental effects of the proposal in accordance with the required disclosures listed below. One or more plans or maps may be used to display the required information, and the information shall be coordinated with requirements set forth in Article IV.
(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
1,000 feet of any part of the tract. In the case of development of
a section of the entire tract, the location map shall also show the
relationship of the section to the entire tract.
(2)
An identification of the site character and appearance
through the presentation of black and white 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 proposals 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 tract 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 one inch equals 50 feet and may be submitted as an attachment to the report. The plan shall reflect all the information required under § 110-20 herein.
(b)
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 tract 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 tract including such features
as topography, soils, hydrology and the like. The identification of
physical resources shall include a narrative description of the qualitative
and quantitative aspects of each of the resources mentioned above.
In addition, these resources may be either incorporated into the EIA
report or submitted as attachments to the report.
(a)
A map depicting the topographical characteristics of the tract. Such map shall contain contours with at least two-foot intervals; and shall depict slopes from 0% to 4%, 4% to 10%, 10% to 15%, 15% to 25%, and greater than 25%, as required in Article IV.
(b)
A map depicting the soil characteristics of
the tract. 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.
(c)
A map depicting the hydrological characteristics
of the tract. Such map shall depict surface water resources, their
drainage characteristics, watersheds and floodplains, and groundwater
resources. Surface water resources include features such as creeks,
runs and other streams, ponds, other natural bodies of water, springs,
wetlands, and any man-made impoundments. Groundwater resources include
features such as aquifers and aquifer recharge areas.
(5)
An identification of biological resources associated
with the natural environment of the tract including vegetation. The
identification of biological resources shall include a narrative description
of each of the resources mentioned above. In addition, these resources
shall be mapped at a scale of one inch equals 50 feet and may be either
incorporated into the EIA report or submitted as attachments to the
report.
(a)
A map depicting the vegetation characteristics
of the tract. Such map shall define the locations and boundaries of
the wooded areas of the tract and shall note the types of vegetation
associations which exist in terms of their species types and sizes.
In addition, all trees 12 inches in caliper or greater shall be accurately
located on the map either as freestanding trees or as tree masses.
(6)
An identification of the land use conditions and characteristic
associated with the tract, such as current and past use, land cover,
and encumbrances, and the relationship of these to adjacent tracts.
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 one inch equals 50 feet shall be incorporated
into the EIA report or submitted as attachments to it.
(a)
A map depicting the land cover characteristics
of the tract. Such map shall define existing features, including paved
or other impervious surfaces, wooded areas, cultivated areas, pasture,
old fields, lawns and landscaped areas and the like.
(b)
A map depicting any encumbrances to the tract.
Such map shall define easements and other areas where certain use
privileges exist.
(c)
A map depicting the land uses adjacent to the
proposed tract. Such map may be at the same scale as the location
map.
(7)
An identification of the historic resources associated
with the tract such as areas, structures and/or routes and trails
which are significant. Areas, structures and/or routes and trails
included on the National Register of Historic Places, the Pennsylvania
Inventory of Historic Places and the Historic American Building Survey,
and those identified in the Comprehensive Plan, shall be identified.
The identification of historic resources shall include a narrative
description of the above. In addition, a map drawn at a scale of one
inch equals 50 feet depicting historic resources shall be incorporated
into the EIA report or submitted as an attachment to the report.
(8)
An identification of the visual resources associated
with the tract such as areas which have a particular amenity value
and areas which offer interest in viewing the tract. The identification
of visual resources shall include a narrative description of the above.
In addition, a map drawn at a scale of one inch equals 50 feet depicting
visual resources shall be incorporated into the EIA report or submitted
as an attachment to the report.
(9)
An identification of the community facility needs
associated with the user and/or resident of the proposed subdivision
and/or land development. 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, 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 lots and/or tract and the need for additional or expanded community
facilities.
(10)
An identification of the utility needs associated
with the user and/or resident of the proposed subdivision and/or land
development. The utility needs assessment shall indicate in narrative
form the type of installations which will be in demand. 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 resident of
the lots and/or tract; the need for additional or expanded utility
installations; the ability to achieve an adequate, potable quantity
of water whenever individual wells are proposed; the ability to achieve
an adequate system for on-site sewage disposal whenever such a system
is proposed; 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 subdivision
and/or land development 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 subdivision and/or land development
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 subdivision and/or
land development and what improvements are proposed to remedy any
physical deficiencies.
(12)
An identification of the social and demographic
characteristics related to the proposed subdivision and/or land development.
The characteristics which shall be presented in narrative form shall
include a profile of the future users and/or residents of the lot
and/or tract including information such as the number of people expected.
Such information shall be related to initial and completed subdivision
and/or land development conditions.
(13)
An identification of the economic and fiscal
characteristics related to the proposed subdivision and/or land development.
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 subdivision and land development conditions.
(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.
(15)
The implications of the proposed subdivision and land development 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 subdivision and/or land development to the resources, conditions and characteristics described in Subsections C(4) through (14) above. In addition to a narrative presentation of implications, the applicant shall display where the subdivision and/or land development adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of one inch equals 50 feet wherein the areas adversely affected from proposed development are highlighted. Such map may be either incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the subdivision and/or land development plan.
(16)
Alternatives to the proposed subdivision and/or
land development. 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 comment on how alternatives
such as revised location, redesign, layout or siting of buildings,
roads and other structures, alternate methods for sewage disposal
and water supply, reduction in the size of proposed structures or
number of structures, and the like would preclude, reduce or lessen
potential adverse impact or produce beneficial effects.
(17)
Probable adverse effects which cannot be precluded.
In indicating such effects a discussion shall be presented regarding
whether they will have primary or secondary implications, that is,
whether the adverse effects will have direct or indirect influence
on a particular resource, condition or characteristic.
(18)
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 resources 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 sedimentation and soil erosion control, stormwater runoff
control, water quality control, air quality control, and the like.
(b)
Mitigation measures related to impacts which
may be unique to a specific subdivision and/or land development are
those related to efforts such as revegetation, screening, fencing,
emission control, traffic control, noise control, relocation of people
and/or businesses, land acquisition, and the like.
(19)
Any irreversible environmental changes which
would occur due to the proposed subdivision and/or land development
should it be implemented. To indicate such changes, the use of nonrenewable
resources during the initial and continued phases of the subdivision
and/or land development shall be discussed. Further, the loss of environmental
resources shall be indicated through a presentation of the quantity
of loss and related qualitative effects.
(20)
An identification of the measures taken to provide sustainable
stormwater management to reduce the surface discharge of stormwater,
reduce the creation of unnecessary impervious surfaces, prevent the
degradation of waters of the commonwealth, and maintain the natural
hydrologic regime of the site to the maximum extent practicable. The
applicant shall demonstrate that the design preserves existing environmental
features beneficial for stormwater management and minimizes increases
in stormwater runoff and impacts to water quality resulting from the
proposed regulated activity by:
[Added 6-3-2015 by Ord.
No. 135]
(a)
Preparing an Existing Resource and Site Analysis Map (ERSAM)
showing environmentally sensitive areas, including, but not limited
to, steep slopes, ponds, lakes, streams, wetlands, hydric soils, vernal
pools, stream buffers, and hydrologic soil groups.
(c)
Preparing a draft project layout that avoids sensitive areas identified in § 110-52C(20)(a).
(d)
Identifying site-specific existing conditions drainage areas,
discharge points, recharge areas, and Hydrologic Soil Groups A and
B (areas conducive to infiltration).
(e)
Implementing nonstructural stormwater management alternatives,
including:
[1]
Minimize earth disturbance;
[2]
Minimize impervious surfaces;
[3]
Break up large impervious surfaces;
[4]
Routing roof runoff over lawns;
[5]
Reducing the use of storm sewers by utilizing swales and other
natural drainage features;
[7]
Using permeable paving materials where appropriate (i.e., driveways,
overflow parking areas, emergency access roads).
D.
In making its evaluation, the Board of Supervisors and/or the Planning Commission may request any additional information it deems necessary to adequately assess potential environmental impacts. Further, whenever any information requested in Subsection C above is not applicable to the proposed subdivision and/or land development, the Board of Supervisors, upon recommendations from the Planning Commission, may waive certain requirements to address such information upon a finding of such inapplicability. A written request for a waiver shall be made by the applicant and shall be submitted at the time when an application for subdivision and/or land development, conditional use and/or special exception is made.
E.
The EIA report shall be prepared by an engineer, architect,
landscape architect, or land planner.
