A.
This article shall apply to the following:
(1)
The construction of two or more residential or nonresidential buildings
on a single lot.
(2)
The improvement of one lot for one nonresidential building, regardless
of the number of tenants.
(3)
Any addition to or structural enlargement of a nonresidential structure
which results in either:
(a)
An increase in the gross floor area of the building of 5,000
square feet or more;
(b)
An increase in the paved area of the lot of 5,000 square feet
or more; or
(c)
An increase in the gross floor area of the building and the
paved area of the lot which, in combination, total 5,000 square feet
or more.
(4)
The division or allocation of land or space among two or more occupants
by leasehold or condominium.
B.
This article shall not apply to the following:
(1)
Improvement of one lot for a single-family or a two-family dwelling.
(2)
The conversion of an existing single-family or two-family dwelling
into not more than three dwelling units, unless such units are intended
to be a condominium.
(3)
The addition of an accessory building, including farm buildings,
on a lot or lots which are subordinate to an existing principal building
and used for the same purpose as the principal building.
(4)
The addition or conversion of buildings or rides within an amusement
park.
(5)
Any addition to or structural enlargement of a nonresidential structure
which results in either:
(a)
An increase in the gross floor area of the building of less
than 5,000 square feet;
(b)
An increase in the paved area of the lot of less than 5,000
square feet; or
(c)
An increase in the gross floor area of the building and the
paved area of the lot which, in combination, total less than 5,000
square feet.
A.
Prior to filing an application for preliminary approval, the applicant
shall meet with the Township Zoning Officer to obtain application
forms and to discuss application procedures and applicable ordinance
requirements.
B.
In addition, the developer may request a preapplication conference
with the Planning Commission to discuss the conceptual design for
the development of the property and the feasibility and timing of
the application. The applicant shall contact the Township Zoning Officer
at least five working days prior to the regular meeting of the Planning
Commission to request a preapplication conference with the Planning
Commission.
C.
The preapplication conference with the Planning Commission is voluntary,
and no formal application or fee is required. This opportunity is
afforded to the developer to obtain information and guidance before
entering into binding commitments or incurring substantial expenses
for plan preparation.
D.
A preapplication conference shall not constitute formal filling of
any application for approval of a land development, shall not bind
the Planning Commission to approve any concept presented in the preapplication
conference and shall not protect the application from any subsequent
changes in ordinance provisions which may affect the proposed development
between the date of the preapplication conference and the official
date of filing of an application for preliminary approval of a land
development under the terms of this chapter.
A.
The applicant shall file eight copies of an application for preliminary approval required by § 242-39 of this chapter to the Township at least 14 calendar days prior to the regular meeting of the Planning Commission. If the 14th day falls on a Saturday, Sunday or holiday, the application shall be filed by the close of business on the immediately preceding working day.
B.
The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 242-39 of this chapter, including the application fee, have been received.
C.
Immediately upon receipt, the application shall be stamped with the
date of receipt by the Township, and one copy of the application shall
be distributed to the Township Engineer and one copy to the Township
Zoning Officer for review.
D.
The Township Zoning Officer shall transmit one copy of the application
to each member of the Planning Commission. Additional copies may be
requested from the applicant for referral to any other appropriate
review agency, at the discretion of the Township Zoning Officer.
E.
The applicant shall submit one copy of the complete and properly
filed preliminary application to the Washington County Planning Commission
for review and comment and shall be responsible for payment of the
prevailing county review fee by the developer. The applicant shall
provide evidence of transmittal of the application to the county when
the application is submitted to the Township.
All applications. The application for preliminary approval of a land development shall be submitted in accordance with § 242-38 of this chapter and shall include the following information:
A.
Eight copies of the completed application form supplied by the Township.
C.
Eight copies of a preliminary plat, all drawings on sheets not exceeding
34 inches by 44 inches accurately drawn to a scale of not less than
one inch equals 50 feet, certified by a Pennsylvania registered land
surveyor as to existing features, design features and boundaries.
The preliminary plat shall include or be accompanied by the following
information:
(1)
Date. All revisions shall be noted and dated.
(2)
A key map showing the location of the tract with reference to the
surrounding properties, existing streets and streams within 1,000
feet of the land development.
(3)
Title of development, including the words "preliminary land development
plan;" North arrow; scale; map and parcel number; the name and address
of the record owner; the name and address of the applicant; the name
and address, license number and seal of the person preparing the survey.
If the owner of the premises is a corporation, the name and address
of the president and secretary shall be submitted on the application.
(4)
All distances shall be in feet and decimals of a foot, and all bearings
shall be given to the nearest 10 seconds.
(5)
The names, as shown on current tax records, of all owners of property
within 200 feet of the land development, together with the County
Assessor's tax parcel numbers of those properties.
(6)
The zoning district in which the parcel is located, together with
the zoning classification of properties within 200 feet of the extreme
limits of the property in question.
(7)
Survey data showing boundaries of the property, building or setback
lines and lines of existing and proposed streets, lots, reservations,
easements and areas dedicated to public use, including grants, restrictions
and rights-of-way, to be prepared by a licensed land surveyor. The
name, address, signature and seal of the surveyor shall be indicated.
(8)
A copy of any existing or proposed covenants, deed restrictions,
modifications to this chapter, or zoning variances granted which are
applicable to the property.
(9)
The distance, measured along the right-of-way lines of existing streets
abutting the property, to the nearest intersections with other public
streets within 200 feet of the site boundaries.
(10)
The location and dimensions of proposed buildings and structures,
all accessory structures and fences, if any, including front, side
and rear yard setbacks, height of buildings, first-floor elevations
of all structures and floor plans of buildings.
(11)
If applicable, flood hazard zone boundaries.
(12)
Existing and proposed contours, referred to United States Coast
and Geodetic Survey datum, with a contour interval of two feet for
slopes of less than 10% and an interval of five feet for slopes of
10% or more. Existing contours are to be indicated by dashed lines,
and proposed contours are to be indicated by solid lines.
(13)
Location of existing rock outcrops, high points, watercourses,
depressions, ponds, marshes, wooded areas and other significant existing
features, including previous flood elevations of watercourses, ponds
and marsh areas as determined by survey.
(14)
If any new streets are proposed, profiles, indicating grading;
cross sections showing the width and design of roadways and sidewalks.
(15)
Acreage, to the nearest thousandth of an acre, of the site to
be developed for nonresidential purposes and the acreage, in square
feet, of all lots to be developed for residential purposes.
(16)
Plans of proposed stormwater systems showing feasible connections
to existing or any proposed utility systems. Pipe sizes, grades and
direction of flow, locations and inlets, manholes or other appurtenances
and appropriate invert and other elevations shall be indicated. All
stormwater facility plans shall be accompanied by a separate sketch
showing all existing drainage within 500 feet of any boundary and
all areas and any other surface area contributing to the calculations
and showing methods used in the drainage calculations.
(18)
The location and size of all existing and proposed sanitary
sewers.
(19)
The location and size of all existing and proposed waterlines,
valves and hydrants.
(20)
Documentation that the appropriate utility companies have been
contacted and that service will be available.
(21)
The location, type and size of proposed culverts, storm sewers,
sanitary sewers, fire protection, electric and telephone lines and
poles, gas and underground heating systems, pipe lines and all other
utilities, both above and below ground, including the connection of
such proposed facilities with the existing facilities according to
the standards and specifications of this chapter.
(22)
A soil erosion and sedimentation control plan prepared by a
person trained and experienced in control methods and techniques,
which conforms to the requirements of the Pennsylvania Clean Streams
Law and Chapter 102 of the Rules and Regulations of the Pennsylvania
Department of Environmental Protection governing erosion control.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq and Title 25
Pa. Code Chapter 102, respectively.
(23)
The number and density of dwelling units (if residential).
(24)
The location and dimensions of proposed freestanding signs.
(25)
All means of vehicular access for ingress and egress to and
from the site onto public streets, showing the size and location of
internal streets or driveways and curb cuts including the organization
of traffic channels, acceleration and deceleration lanes, additional
width and any other improvements necessary to prevent a difficult
traffic situation. All pedestrian walkways and provisions for handicapped
facilities in compliance with the requirements of the Americans with
Disabilities Act (ADA) shall also be shown. In addition, the land
development plan shall show the existing road system located outside
the development within 200 feet of the development.
(26)
Computation of the number of parking spaces to be provided,
the location and design of off-street parking areas and loading areas
showing size and location of bays, aisles and barriers, and the proposed
direction of movement.
(27)
Proposed screening and landscaping, including a planting plan.
(28)
The methods, placement and screening of solid waste disposal
and storage facilities.
(29)
If applicable, a detailed proposal, including covenants, agreements
or other specific documents, showing the ownership and method of assuring
perpetual maintenance to be applied to those areas which are to be
used for recreational or other common purposes.
(30)
If the plan is to be completed in phases, the proposed sequence
of development with projected time schedule for completion of each
of the several phases.
(32)
If applicable, a notation on the plat that access to a Township
street requires a driveway permit from the Township.
(33)
Spaces for the signature of the Chairman and Secretary of the
Planning Commission, the Chairman of the Board of Supervisors, the
Township Secretary and the Township Engineer.
D.
For all applications which propose 100 or more dwelling units or
50,000 or more square feet of gross floor area of a nonresidential
building or buildings, a traffic report prepared by a qualified traffic
engineer shall be submitted detailing the nature and extent of trip
generation expected to result from the proposed development based
on the ratios and methodology contained in the current edition of
the Manual of the Institute of Transportation Engineers. The report
shall include current and projected capacities and levels of service
of all streets and intersections within 1,000 feet of the site proposed
for development and recommendations for improvements to streets and/or
traffic control devices within the site or immediately adjacent to
the site.
E.
Where evidence exists of deep mining, strip mining, landslide-prone
soils or other geologic hazards on the site, a geologic report by
a qualified registered professional engineer acceptable to the Township
regarding soil and subsurface conditions and the probable measures
needed to be considered in the design of the development, the location
of structures and the design of foundations, if any.
A.
Planning Commission recommendation.
(1)
The Township Engineer shall present a written report to the Planning
Commission which states whether an application complies with the requirements
of this chapter, and that report shall be included in the minutes
at the Planning Commission meeting. The Planning Commission shall
not make a recommendation on the application until the report of the
Township Engineer has been received.
(2)
At the first regular meeting of the Planning Commission after submission of a preliminary application, the Planning Commission shall consider whether or not to accept the application as complete in content and properly filed, based on the Township Engineer's review. If the application is not accepted as complete in content and properly filed, the Planning Commission shall return the application to the applicant for resubmission for the next monthly meeting in accordance with the time specified in § 242-38 and shall provide the applicant with a copy of the Township Engineer's written review outlining the deficiencies to be corrected in order for the application to be considered complete and properly filed.
(3)
The date of the Planning Commission meeting at which the preliminary
application is accepted as complete and properly filed shall be the
official date of filing of the application and shall represent the
beginning of the sixty-day period for Planning Commission review and
action on the application, unless the applicant agrees, in writing,
to an extension of time.
(4)
Within 60 days of the official date of filing of the preliminary
application, the Planning Commission shall make a written recommendation
to the Board of Supervisors, recommending approval, approval with
conditions or disapproval of the preliminary application. The recommendation
of the Planning Commission shall provide reasons for the recommendation
and, in the case of a recommendation for disapproval, shall cite the
specific requirements of this chapter which have not been met.
B.
Board of Supervisors action.
(1)
Within 90 days of the official date of filing of the preliminary
application, the Board of Supervisors shall either approve, approve
with conditions or disapprove the preliminary application at a public
meeting. The Board of Supervisors shall not act until the review has
been received from the Washington County Planning Commission or until
30 days has passed since the date that the application was submitted
to the county for review. The recommendation of the Township Planning
Commission and the Township Planning Commission minutes containing
the report of the Township Engineer shall be made a part of the record
at that meeting.
(2)
A letter indicating, approval with conditions or disapproval shall
be mailed to the applicant within 15 days of the date of the decision.
If the preliminary application is not approved, the Board of Supervisors
shall specify the defects found in the preliminary application and
cite the requirements of this chapter which have not been met.
C.
Conditional approval. If the Board of Supervisors determines that certain conditions are warranted to be attached to preliminary approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 242-40B of this chapter. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Township Secretary within 30 days of the date of the meeting of the Board of Supervisors at which preliminary approval is granted. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.
D.
Deemed approval. Failure of the Board of Supervisors to render a
decision and communicate it to the applicant within the time and in
the manner prescribed by this chapter shall be deemed an approval
of the application in the 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.
E.
Expiration of preliminary approval.
(1)
Preliminary approval shall expire five years from the date of the
grant of preliminary approval by the Board of Supervisors, unless
a written extension is submitted by the applicant and approved by
the Board of Supervisors. Any request for extension shall be submitted
to the Board of Supervisors at least 30 days prior to the prevailing
expiration date. Extensions may be granted for one or more six-month
periods upon a finding by the Board of Supervisors that such extension
is warranted.
(2)
In the case of a phased development calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the applicant with the preliminary application delineating all
proposed phases, as well as time deadlines by which applications for
final plat approval of each phase are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
of preliminary approval until final plat approval of the final phase
has been granted. Any modification in the aforesaid schedule shall
be subject to approval by the Board of Supervisors, in its sole discretion.
Phased development shall be subject to the time protection provisions
of § 508(4) of the Pennsylvania Municipalities Planning
Code (Act 247 of 1968, as amended).[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
A.
The applicant shall file eight copies of the application for final approval required by § 242-42 to the Township at least 14 working days prior to the regular meeting of the Planning Commission. If the 14th day falls on a Saturday, Sunday or holiday, the application shall be filed by the close of business on the immediately preceding working day.
B.
The final application shall not be considered to be complete and properly filed unless and until all items required by § 242-42 of this chapter, including the application fee, have been received.
C.
Immediately upon receipt, the application shall be stamped with the
date of receipt by the Township, and one copy of the application shall
be distributed to the Township Engineer and one copy to the Township
Zoning Officer for review. The Township Zoning Officer shall transmit
one copy of the application to each member of the Planning Commission.
Additional copies may be requested from the applicant for referral
to any other appropriate review agency, at the discretion of the Township
Zoning Officer.
D.
In the event that the Planning Commission has granted a waiver under
§ 242-96B to allow submission of a single application for
combined preliminary and final approval, the applicant shall submit
one copy of the complete and properly filed combined preliminary and
final application to the Washington County Planning Commission for
review and comment and shall be responsible for payment of the prevailing
county review fee by the developer. The applicant shall provide evidence
of transmittal of the application to the county when the application
is submitted to the Township.
All applications for final approval of a land development shall
include the following:
A.
Eight copies of the completed application form supplied by the Township.
C.
One copy of the approved preliminary plat, unless the application is for combined preliminary and final approval authorized under § 242-94B of this chapter.
D.
Eight copies of a final plat drawn at a scale of not less than one
inch equals 100 feet on sheets no larger than 24 inches by 36 inches
with a border of 1/2 inch on all sides except the twenty-four-inch
binding edge, which shall be one inch. The final plat shall show or
be accompanied by the following information:
(1)
Date, name and location of the land development, the name of the
owner, graphic scale and the words "final land development plan."
(2)
Tract boundary lines; right-of-way lines of streets; street names;
easements and other rights-of-way; land reserved or dedicated to public
use; all lot lines and other boundary lines with accurate dimensions,
bearing or deflection angles, and radii, arcs and central angles of
curves; and the area of each lot.
(3)
The names, exact location and widths of all existing and recorded
streets intersecting or paralleling the plot boundaries within a distance
of 200 feet.
(4)
The purpose of any easement or land reserved for or dedicated to
public use shall be designated.
(5)
Tax parcel numbers assigned to the property by the Washington County
Assessor's office, including tax parcel numbers of abutting property.
(6)
Names of the owners of adjoining land within 200 feet.
(7)
Certification by the applicant's surveyor as to accuracy of
details of plat. The error of closure shall not be more than one in
5,000.
(8)
Dates of preparation and dates of all revisions to the plan.
(9)
Name of the registered architect, landscape architect or professional
engineer who prepared the plan.
(10)
Evidence of ownership or proprietary interest.
(11)
Evidence of required permits from applicable federal, state
and county agencies.
(12)
Certification of service from all applicable utility companies.
(13)
A design view of the front, side and rear elevations of the
proposed structures. Design view elevations are also to be shown where
proposed additions or alterations affect such elevations.
(14)
Location, height and use of all existing and proposed structures
on the property, indicating structures to be removed, if any, and
the distances between proposed structures or additions to existing
structures and adjacent property lines.
(15)
A plan showing type, size and location of all proposed signage
on the site and/or the building or buildings.
(16)
A site lighting plan showing the location of exterior lighting
fixtures proposed to light the buildings, parking areas, sidewalks
and any other areas proposed for public use, and documentation that
proposed lighting will be shielded and reflect away from adjacent
streets and residential properties.
(17)
Layout and design of proposed parking and loading areas and
the proposed pattern of traffic circulation on the site, including
pavement markings, islands, curbs, bumper guards and similar facilities.
(18)
Sidewalks or walkways, if any, proposed for pedestrian circulation
on the site.
(19)
A final landscaping plan showing the type, size and location
of any plant material proposed and all areas proposed to be seeded.
(20)
A final grading plan, including erosion and sedimentation control measures, as required by § 242-69A.
(22)
If applicable, evidence of Pennsylvania Department of Labor
and Industry approval.
(23)
If applicable, an NPDES permit obtained from the Washington
County Conservation District.
(24)
If applicable, final stormwater management calculations and construction drawings for stormwater management facilities as required by § 242-75 of this chapter.
(25)
Storm drainage plan, including location, size, slope, direction
of flow, capacity and material of all storm sewers and connections
to existing systems; location of all catch basins, manholes, culverts
and other appurtenances; location and width of all storm drainage
easements; and location of surface swales, if any.
(26)
Location, size and specifications for private improvements such
as curbs, sidewalks, driveways, parking areas, landscaping strips
or planters, wheel stops and the like.
(29)
Spaces for signatures of the Chairman and Secretary of the Planning
Commission, Chairman of the Board of Supervisors, Township Secretary
and Township Engineer and dates of approval.
A.
Planning Commission recommendation.
(1)
The Township Engineer shall present a written report to the Planning
Commission which states whether the application complies with the
requirements of this chapter, and that report shall be included in
the minutes of the Planning Commission meeting. The Planning Commission
shall not make a recommendation on the application until the report
of the Township Engineer has been received.
(2)
At the first regular meeting of the Planning Commission after submission of a final application, the Planning Commission shall consider whether or not to accept the application as complete and properly filed, based on the Township Engineer's review. If the application is not accepted as complete in content and properly filed, the Planning Commission shall return the application to the applicant for resubmission for the next monthly meeting in accordance with the time specified in § 242-41 and shall provide the applicant with a copy of the Township Engineer's written review outlining the deficiencies to be corrected in order for the application to be considered complete in content and properly filed.
(3)
The date of the Planning Commission meeting at which the final application
is accepted as complete and properly filed shall be the official date
of filing for the application and shall represent the beginning of
the sixty-day period for Planning Commission review and action on
the application, unless the applicant agrees, in writing, to an extension
of time.
(4)
Within 60 days of the official date of filing of the application,
the Planning Commission shall make a recommendation, in writing, to
the Board of Supervisors recommending approval, approval with conditions
or disapproval of the final application. The recommendation of the
Planning Commission shall provide reasons for the recommendation and,
in the case of a recommendation for disapproval, shall cite the specific
requirements of this chapter which have not been met.
B.
Board of Supervisors action.
(1)
Within 90 days of the official date of filing of the application,
the Board of Supervisors shall either approve, approve with conditions
or disapprove the final application at a public meeting. The Township
Planning Commission's written recommendation and the Township
Planning Commission minutes containing the report of the Township
Engineer shall be made a part of the record at that meeting.
(2)
A letter indicating approval, approval with conditions or disapproval
shall be mailed to the applicant within 15 days of the date of the
decision. If the final application is not approved, the Board of Supervisors
shall specify the defects found in the final application and cite
the requirements of this chapter which have not been met.
C.
Conditional approval. If the Board of Supervisors determines that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 242-43B of this chapter. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Township Secretary or by executing the development agreement required by § 242-45 of this chapter within 30 days of the date of the meeting of the Board of Supervisors at which final approval is granted. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions attached to final approval or execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
D.
Deemed approval. Failure of the Board of Supervisors to render a
decision and communicate it to the applicant within the time and in
the manner prescribed by this chapter shall be deemed an approval
of the application in the 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.
The Township may offer the mediation option as an aid in completing the proceedings authorized by this article in accordance with the requirements of § 242-29 of this chapter.
All land developments shall be further subject to the requirements for a development agreement as specified in § 242-33 of this chapter.
All land developments shall be further subject to the requirement for an amenities bond as specified in § 242-32 of this chapter.
Land developments which propose the extension or installation of any public improvements, as defined by this chapter, shall be further subject to § 242-27D and §§ 242-31 and 242-33 of this chapter governing installation of public improvements, posting of financial security to guarantee their proper installation, and execution of a development agreement.
A.
A land development plan shall not be required to be recorded in the
Washington County Recorder of Deeds' office if the land development
is proposed on a lot or lots of record, unless a declaration plan
is required to be recorded by the Pennsylvania Unit Property Act for
a condominium.
B.
Any land development plan which involves the subdivision, resubdivision or consolidation of property or the dedication of easements or rights-of-way for public improvements shall present a final plat for recording purposes with the application for final approval of the land development. The final plat for recording shall be prepared in accordance with the requirements of § 242-14 of this chapter for a minor subdivision.
Whether or not the land development is required to be recorded,
the applicant shall deliver two paper prints of the final plat containing
the required signatures and dates of approval to the Township Zoning
Officer.
If construction of a land development which has been granted final approval, with or without conditions, is not initiated and diligently pursued within six months of the date of final approval, final approval shall expire immediately. The Township Zoning Officer shall give written notice to the applicant within 30 days of the date of expiration of final approval, including notification of the requirements to reinstate final approval provided in § 242-51 of this chapter. Any construction which occurs after notice from the Township Zoning Officer shall constitute a violation of this chapter and shall be subject to the enforcement remedies of § 242-102 unless final approval is reinstated in accordance with § 242-51 of this chapter.
A.
In the event that final approval of the land development plan has expired as provided for in § 242-50 of this chapter, the Township Secretary is authorized to reinstate the signatures of the proper officers of the Township indicating approval, provided there are no changes in the land development plan previously granted final approval and all the requirements of this chapter; regarding posting of a performance guarantee and execution of a development agreement, if required, have been met and further provided, the plan is submitted for reinstatement of approval within 90 days following the expiration of final approval by the Board of Supervisors.
B.
Any request for reinstatement of final approval which is submitted after 180 days from the date of the original grant of final approval by the Board of Supervisors shall require resubmitting an application for final approval in conformance with the requirements of §§ 242-41 through 242-49 of this chapter, including the application filing fee.
