A.
Presubmission consultation. As described in § 192-26, applicants are encouraged to informally discuss their proposals with applicable Township staff before preparing engineered plans.
B.
Design process. See § 192-33, which requires that applicants for certain types of applications must show compliance with the specified design process at the time of a sketch plan, preliminary plan or conditional use application. Applicants are strongly encouraged to meet this requirement at the earliest submittal made to the Township.
C.
Site tour. Applicants are very strongly encouraged to cooperate in
an on-site tour of the property by Township officials. See the language
in the application form that requests permission for a site tour.
This site tour should be scheduled as soon as possible after the applicant
has provided copies of a map of existing conditions. At best, this
would occur after a sketch plan has been submitted, but before preliminary
plans have been completed.
(1)
This site tour is intended to informally:
(a)
Familiarize Township officials with the property's existing
features, particularly including scenic views and the site's relationship
to surrounding areas;
(b)
Identify potential site design issues that will need to be addressed;
and
(c)
Discuss site design concepts, including the general layout of
proposed development and open spaces.
(2)
Comments made during the site visit shall not be binding upon the
Township, and no formal action or recommendation shall be made during
the site visit.
D.
Sketch plan. Prior to the submission of a preliminary plan, applicants are very strongly encouraged to submit a sketch plan, prepared in accordance with the requirements of § 192-27. A sketch plan review often allows an applicant to save substantial time and engineering costs because many concerns about layout and issues concerning Township ordinances can be resolved prior to detailed engineering. This can often reduce the need for future redesign at a more detailed stage, thereby saving the applicant significant money and time. No official action is required on a sketch plan, so it will not delay the submittal of a preliminary plan.
A.
Preliminary plan submission required.
(1)
A preliminary plan submission for a major subdivision or land development [except as provided in Subsection A(2) below], meeting all of the requirements of this article shall be filed by the applicant and reviewed in accordance with the provisions of this article.
(2)
A preliminary plan submission is not required for the following applications, which instead shall meet the requirements of Article VII:
B.
Required submission.
(1)
The applicant shall file with the Township staff, at least 30 calendar days prior to a regular Planning Commission meeting, the required fees and the information and plans required under § 192-31. Any subsequent submittal of revised plans shall be submitted at least 12 days before a Planning Commission meeting where the plans are intended to be reviewed, unless permission is granted for a later submittal by the Township Engineer or Planning Commission, particularly when a revision only involves minor technical changes or corrections. These deadlines may be revised by resolution of the Board of Commissioners.
(2)
The staff shall forward applicable plans to the following agencies
to seek their comments prior to preliminary plan approval:
(a)
Township Authority or Sewage Enforcement Officer (if applicable);
(b)
Public Safety Department;
(c)
The Township Park and Recreation Board (layout, natural features
and grading plan only, if recreation land or common open space is
proposed or if deemed appropriate by the Township staff);
(d)
The Township Planning Commission, with such information provided
prior to or at the first regularly scheduled Planning Commission meeting
after a proper submission; and
(e)
The County Planning Commission.
(3)
Applicant's distribution. The applicant is fully responsible for
the following:
(a)
Contacting the appropriate utility authorities/companies, as
appropriate, including the water supplier;
(b)
Seeking at least an informal review by PennDOT of any proposed
access onto a state road, and providing PennDOT with sufficient information
for such a review;
(c)
Determining whether any permits or approvals are needed from
any agency outside of the Township, including PaDEP and the U.S. Army
Corps of Engineers;
(d)
Providing a copy of the erosion and sediment pollution control
plan (ESPCP) to the County Conservation District, together with its
required review fees, if any earth disturbance is proposed, unless
the applicant states, in writing in a signed letter to the Township,
that earth disturbance will not occur until approval of the final
plan, in which case the ESPCP may be submitted at final plan stage;
(e)
Providing copies to adjacent municipalities if any portion of
a subdivision or land development is within the boundary of that municipality;
(f)
Providing the County Planning Commission review fees to the
Township with the plan submission;
(g)
Providing copies and making submittals to the Township and review
agencies as required under PaDEP's sewage planning module process,
if applicable.
(4)
Each preliminary plan and supporting documents should incorporate
any revisions recommended by the Planning Commission, the Township
Engineer and other appropriate Township officials during any sketch
plan review.
(5)
Colored layout plan. It is recommended that the applicant provide
one copy of the layout plan that is colored to highlight major features
such as paving, trees, waterways, streets, wetlands and building locations
to allow clear understanding by the general public at public meetings.
(6)
Revisions. A detailed list of revisions and response to each comment
from a previously submitted plan shall be provided whenever a revised
plan is submitted. The developer's plan preparer shall certify that
the list of revisions is complete.
C.
Determination of completeness of the submission.
(1)
Based upon the initial review by the Township staff and/or the Township
Engineer, the Planning Commission shall have authority, at its first
regularly scheduled meeting after the submission is filed in a timely
fashion, to determine that a submission is incomplete and therefore
to refuse to review the submission further and to do one of the following:
(a)
Not accept the submission, indicating deficiencies in writing,
and return the fee (minus the costs of any Township review) to the
applicant.
(b)
Accept the submission as being filed for review on the condition
that the applicant shall file such additional required materials and
information to the staff or appropriate agency or person by a specific
deadline.
(c)
Table the acceptance of the submission until the next Planning
Commission meeting after the applicant has met all of the submittal
requirements within the required time period prior to the meeting.
The ninety-day time limit for action shall not begin until the plan
is accepted as complete.
(d)
Recommend that the plan be rejected by the Board of Commissioners
for just cause, such as the submission being significantly incomplete.
(2)
If the Commission determines that the submission is complete, as
filed and as required, the Commission shall accept the plans and may
begin its review.
(3)
Zoning variances and approvals.
(a)
Applications for a subdivision or land development shall comply with Chapter 220, Zoning, of the Township Code, as amended. An application under this chapter shall not be considered to be complete for the purposes of starting the state-mandated ninety-day time limit if one or more zoning variances or special exceptions or conditional use zoning approvals will be required for the subdivision or land development to legally occur as submitted, until such time as the needed zoning variances and approvals have been granted. During this time, the application may still be reviewed by the Township.
[1]
If a zoning variance or special exception or conditional use
approval is needed for the plan to be completed as submitted, and
such approval has not been granted, then the Board of Commissioners
shall have sufficient grounds to deny approval of the application
under this chapter.
[2]
At the discretion of the Board of Commissioners, a subdivision
or land development may be approved conditioned upon the later approval
of a zoning variance, special exception or conditional use.
(b)
A subdivision or land development approval shall not be delayed because of a court appeal of a zoning variance, special exception or conditional use that was granted to the developer. Instead, satisfactory resolution of such appeal shall be a condition for approval under this chapter. If a developer appeals a zoning variance, special exception approval or conditional use approval that was not granted to him/her, then Subsection C(3)(a) above shall still apply.
D.
Review by Township staff.
(1)
Review by Township Engineer.
(a)
After the plans are duly submitted for review, unless granted
an extension by the Planning Commission or unless the plans are incomplete,
the Township Engineer should review the engineering considerations
of the preliminary plan and prepare one or more reports on such considerations
to the Planning Commission.
(b)
The Township Engineer may make additional reports and recommendations
to the Planning Commission and the Board of Commissioners during review
of the plan.
(c)
The applicant and/or his/her engineer shall make reasonable
efforts to resolve technical engineering considerations outside of
and prior to Planning Commission meetings. The Township Engineer may
require the applicant or his/her engineer to meet with him/her for
this purpose.
(d)
A copy of findings of the Township Engineer should be sent to
the applicant or his/her representative by the Township staff.
(2)
Review by Township Zoning Officer.
(a)
After the plans are duly submitted for review, unless granted
an extension by the Planning Commission or unless the plans are incomplete,
the Zoning Officer should review the zoning considerations of the
preliminary plan and prepare one or more reports on such considerations
to the Planning Commission.
(b)
The Zoning Officer may make additional reports and recommendations
to the Planning Commission and the Board of Commissioners during review
of the plan.
(c)
The applicant and/or his/her engineer shall make reasonable
efforts to resolve zoning considerations outside of and prior to Planning
Commission meetings. The Zoning Officer may require the applicant
or his/her engineer to meet with him/her for this purpose.
(d)
A copy of findings of the Zoning Officer should be sent to the
applicant or his/her representative by the Township staff.
E.
Review by Planning Commission. The Planning Commission should accomplish
the following within the time limitations of the State Planning Code[1] (unless the applicant grants a written time extension),
while allowing a sufficient number of days within this deadline for
a decision by the Board of Commissioners.
(1)
Review applicable reports received from any official reviewing agencies.
(2)
Provide a recommendation regarding whether the preliminary plan submission
meets the requirements of this chapter and other applicable ordinances.
(3)
Recommend any revisions to the submission that are needed to comply
with this chapter or that would generally improve the plan.
(4)
Recommend approval, conditional approval or disapproval of the preliminary
plan submission in a written report to the Board of Commissioners
that should specify any recommended conditions for approval, identify
defects found in the application, describe requirements which have
not been met and cite the provisions of the ordinance relied upon.
(5)
Offer recommendations on waivers and modifications requested by the
applicant.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Review and action by Board of Commissioners. The Board of Commissioners
shall:
(1)
Review the report of the Planning Commission and any reports that
have been received from reviewing agencies;
(2)
Determine whether the preliminary plan submission meets the requirements
of this chapter and other ordinances;
(3)
Approve, conditionally approve or disapprove the preliminary plan
submission within the time limits required by the Pennsylvania Municipalities
Planning Code.[2] As of adoption date of this chapter, this law requires:
(a)
The Board of Commissioners to act not later than 90 days following
the date of the first regular meeting of the Planning Commission held
after the preliminary plan has been properly filed for review, but
in no case shall the Board of Commissioners' decision be made later
than 90 days following the date the submission was accepted as being
filed for review, unless the applicant grants a written extension
of time; and
(b)
That no subdivision or land development shall be granted final
approval until a report is received from the County Planning Commission
or until the expiration of 30 days from the date the application was
forwarded to the County Planning Commission, whichever comes first.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Decision by Board of Commissioners.
(1)
The decision of the Board of Commissioners shall be in writing and
shall be communicated to the applicant or agent for the applicant
personally or by mail or as otherwise allowed by state law at his/her
last known address not later than 15 days following the decision.
(2)
Approval of the preliminary plan submission shall constitute conditional
approval of the subdivision or land development as to the character
and intensity, but shall not constitute approval of the final plan
nor authorize the sale of lots or construction of buildings.
(3)
If the preliminary plan submission is disapproved, the decision shall
specify defects found in the submission, describe requirements which
have not been met and cite the provisions of the statute or ordinance
relied upon in each case.
(4)
At the discretion of the Board of Commissioners, the Board may waive
the requirement to submit a preliminary plan if the preliminary plan
submission also meets all of the requirements of a final plan submission
and the Board determines that there are no significant outstanding
matters regarding the plan.
(5)
Acceptance of conditions. If conditions are placed upon an approval,
it shall be the responsibility of the applicant, in writing, to accept
or reject the conditions within a maximum of five days after the date
of receipt of the decision. If the applicant fails to accept or reject
the conditions within such time period, then it shall be presumed
that the applicant has accepted all of the conditions upon the approval.
If the applicant rejects any condition, then the approval shall be
rescinded, unless a decision of a court determines such condition
was not valid.
H.
Final plan submission deadline.
(1)
An applicant shall file a final plan within five years from the date
of the approval of the preliminary plan by the Board of Commissioners.
(2)
Failure to comply with this requirement shall render the preliminary
plan null and void, and a new preliminary plan submission and approval
shall be required.
See § 192-30, regarding when a preliminary plan is required.
A.
All of the following information and materials listed in this section
are required as part of all preliminary plans for any land development
and any major subdivision.
B.
The required information listed in this section may be combined or
separated onto different sheets, provided that all information is
clearly readable.
C.
Deferral of information. See § 192-7C(2), which may allow an applicant to defer submitting of engineering details from the preliminary to the final plan stage.
D.
Preliminary plan for Major Subdivisions or Land Developments Checklist
and List of Submittal Requirements.[1]
[1]
Editor's Note: Said checklist and requirements are included as an attachment to this chapter.
All certification shall comply with the state professional licensing
laws. All subdivisions of land shall be certified and stamped by a
registered land surveyor. At least one set of all plans provided to
the Township, including revisions, shall bear original signatures
and original seals of plan preparers, and applicant's notarized signature,
which shall be marked as a "Township file copy."
As part of the submittal of a sketch plan, preliminary plan
or conditional use, whichever comes first, for a major subdivision
or land development that involves over three acres of land for a nonresidential
project or six or more dwelling units for a residential project, the
applicant shall provide the following mapping and demonstrate to the
Planning Commission that the following process was followed in designing
the proposed development.
A.
Applicants are strongly encouraged to submit these sketches as part
of the sketch plan process to avoid delays to the applicant in preliminary
plan approval. Submittal at the sketch plan stage will greatly increase
the likelihood that all issues will be able to be resolved in time
to meet the standard ninety-day time clock for approval of a preliminary
plan, without needing time extensions.
B.
This process is intended to demonstrate how the special features of the property relate to resource areas on adjacent lands and how the development will properly relate to the features of the land that are most worthy of conservation. See the existing resources and site analysis map provisions in § 192-31D. Existing conditions shall be accurately mapped. For the sole purposes of meeting this section, the mapping of proposed development may be at a sketch plan level of detail.
(1)
Delineation of recreation land and any common open space. Using the map of existing resources and site analysis map, the applicant shall delineate areas that are proposed to be preserved as recreation land if required by § 192-60 of this chapter or common open space if required by Chapter 220, Zoning, and/or otherwise through conservation easements.
(a)
If a conservation subdivision is proposed, then the applicant shall show compliance with the applicable requirements of Chapter 220, including but not limited to the following:
[1]
Providing calculations of the minimum percent and acreage of
required common open space, which shall be submitted at the sketch
plan stage or the preliminary plan stage, whichever submission occurs
first.
[2]
Proposed common open space shall be designated using the existing resources and site analysis map as a base map. The applicant shall demonstrate compliance with applicable provisions of Chapter 220, Zoning, and § 192-60 of this chapter. One-hundred-year floodplains, wetlands and slopes over 25% shall be shown.
[3]
The proposed common open space shall maximize opportunities to interconnect open spaces with important natural features and common open space on neighboring properties. (See the context map in § 192-31.) The applicant should consider the mapping of conservation areas in the Comprehensive Plan, unless or until a more detailed map is prepared for Lower Allen Township.
[4]
In delineating other proposed conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitabilities for inclusion in the proposed common open space in consultation with the Planning Commission and in accordance with § 192-60 of this chapter and applicable sections of Chapter 220, Zoning. The highest priority shall be given to open space and trails that can link into existing or approved adjacent public recreation land or that will preserve stream corridors.
[5]
On the basis of those priorities and practical considerations
given to the tract's configuration, its context in relation to resource
areas on adjoining and neighboring properties, and the applicant's
subdivision objectives, proposed conservation areas shall be delineated
to meet at least any minimum area percentage requirements for common
open space and in a manner clearly indicating their boundaries as
well as the types of resources included within them.
(b)
If a conservation subdivision is not proposed, the applicant
shall show measures that will be used to minimize impacts upon important
natural features. The applicant shall show that every reasonable effort
has been made to locate development to avoid the slopes over 25%,
100-year floodplains and wetlands and minimize impact upon other important
conservation areas. In addition to meeting any requirement for common
open space, important natural features should also be protected as
part of individual lots (such as large rear yards and/or through conservation
easements).
(2)
Potential development areas concept map. Based upon consideration
of the existing features map and the natural features and conservation
areas described above, the potential development areas shall be mapped.
These potential development areas are areas that are best suited for
the majority of the development on the tract.
(3)
Location of home sites. In respect of the natural features and other
conservation areas described above, the approximate proposed locations
of new homes/principal buildings shall then be selected. It is recognized
that on-lot sewage disposal system suitability needs to influence
these choices when on-lot systems are used. Proposed development shall
be carefully located and designed to minimize impacts upon natural
features and other conservation areas.
(a)
While the mapping of existing features required by this section
is required to be accurate and to scale, the locations of proposed
home sites, lot lines, roads and trails may be at a sketch plan level
of detail for the purposes of complying with this section.
(b)
The applicant shall provide a written and graphic analysis of
how the proposed development will respect and incorporate the important
resources of the site and be coordinated with resources, open space/trail
corridors and views on surrounding properties. This may involve an
overlay map that shows important natural features and proposed development.
(4)
Layout of streets and trails. A sketch of the tentative street layout
shall then be designed to serve the appropriate building sites. Trails
should also be considered to link together common open spaces, clusters
of homes and other destinations (such as nearby stores, parks and
schools). Building sites should be clustered together to minimize
wetland impacts and the number of stream crossings by roads. See the
proposed trail network on the Township's Official Map.
(5)
Drawing the lot lines. Tentative lot lines should then be drawn on
the site to encompass the proposed building sites, to result in a
development concept plan. Once this sketch is prepared, then more
detailed engineering may be completed.
