A.
Simple subdivisions.
(1)
Compliance with preliminary subdivision application procedures specified in §§ 280-13, 280-14 and 280-15 shall not be required in the case of a simple subdivision, as defined by this chapter, or consolidation of land involving no more than two lots for the purpose, whether immediate or future, of constructing single-family or two-family dwellings and where no new streets or other improvements are required, provided the plan is in strict compliance with Chapter 310, Zoning.
(3)
The developer shall be required to provide public water service to
all new lots created by the simple subdivision, whether along a private
or public street.
B.
Other small subdivisions. In other small subdivisions of more than two lots, where existing conditions are well-defined, a developer may submit a joint application requesting preliminary and final subdivision approval from the Township Council. The application will be reviewed in accordance with the final subdivision application procedure outlined in § 280-16 and shall contain the information required in § 280-18, where appropriate. The Township Council shall reserve the right, for any reason, to only grant preliminary subdivision approval, at which time the developer will have to resubmit a new application for final subdivision approval. The developer shall be required to provide public water service to all new lots created by the subdivision, whether along a private or public street.
C.
Revisions to previously recorded plans. In the case of lot line adjustments involving no more than two lots of record in plans previously approved by the Township and recorded in the Recorder of Deeds office, the preliminary and final application requirements of Article III shall be waived, and the approval of the revised plat for recording shall be granted by the Township Manager, subject to the recommendation of the Township Engineer, provided all lots comply with the minimum requirements of Chapter 310, Zoning.
In any particular case where the developer can show by plan and written statement that, by reason of exceptional topographic or other physical conditions, strict compliance with any of the design standards contained in Article VI of this chapter would cause practical difficulty or exceptional and undue hardship, the Township Council may relax such requirements to the extent deemed just and proper so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public good and without impairing the intent and purpose of this chapter of the desirable general development of the neighborhood and the community in accordance with the Township's Long Range Development Plan. The modification granted shall be the minimum necessary to provide reasonable relief. In the event that engineering standards are requested to be modified, Township Council shall not grant the modification without a recommendation from the Township Engineer.
A.
As to the development of simple subdivisions along private streets
which are existing at the time of this chapter, the following shall
be applicable:
(1)
No development shall be approved as an exception granted under the
requirements of this chapter if the same shall exceed 10 acres in
area or exceed two lots.
(2)
The development shall be approved only upon the condition that the
following requirements and conditions are observed:
B.
In the case of the submission of a plan involving no more than two
lots and the creation of a private street (connected directly to a
public street only) to serve those lots, granting of an exception
to the requirement of this chapter to dedicate and construct a public
street shall require compliance with all of the following additional
criteria:
(1)
The private street shall not be designed to permit through traffic
circulation. A private street shall be permitted only when there is
no possibility of the extension of such street to serve adjacent properties.
In addition, private streets shall not be approved if the properties
to be served by the same are of such a size in area or so geographically
located so as to prevent or landlock the future use or development
of properties adjacent to or in the proposed line or lines of such
private street.
(2)
The maximum length of a private street shall be 800 feet but. depending
upon the topography, the features of the area in which the property
is located, the amount of traffic presently generated in surrounding
areas, the likelihood of future resubdivision, and all other pertinent
and relevant circumstances relating to the development, the Township
Council may allow the maximum length imposed herein to be exceeded.
All private streets shall end in a cul-de-sac with a minimum turning
radius of 20 feet.
(3)
Approval of a private street shall be subject to the provision of
the required right-of-way for a future public street. The required
right-of-way referred to herein shall be in accordance with Township
specifications set out in this chapter, and any streets shall conform
to the same.
(4)
The minimum width of the required right-of-way shall be 50 feet;
however, the cartway may be reduced to not less than 16 feet.
(5)
The maximum grade of a private street shall be 12%.
(6)
The location and dimensions of the private street shall be recorded,
including its connection to a public street and ownership of the property
crossed by the private street. Approval of a private street shall
be subject to a notation on the plan for recording that the street
is private and that the Township has no maintenance responsibilities
until such time as the street is improved by its owners to meet all
Township standards for a public street and has been accepted by the
Township for maintenance.
(7)
The applicant requesting approval of a private street which includes
the granting of an exception to the specifications for width and type
of paving material shall submit alternate specifications and shall
document the justification for the proposed specifications, all of
which shall be on a drawing by an accredited surveyor or engineer
and shall contain written reasons for the justification of the proposed
specifications. At the minimum, the cartway shall be constructed of
durable, dust-free materials.
(8)
Neither the areas of the lots to be served by the private street, nor the area remaining of the original property from which the lot or lots were divided, shall be less than the minimum area required in the zoning district in which the property is located. The private street right-of-way shall not be included in the calculation of lot area. Such lots shall comply with all other applicable requirements of Chapter 310, Zoning, in effect for the district in which the property is located.
C.
In the case of a simple subdivision wherein a private street (connecting
with an existing private street) is to be created to serve the subdivision,
the following conditions shall be applicable:
(1)
The proposed subdivision shall consist only of two lots and no more, none of which presently connect with or to an existing private street, and provided the conditions set out in § 280-65B(1) through (9), inclusive, are observed.
(2)
In the case of submissions of simple subdivisions of no more than
two lots along a private street, the following conditions must be
met by the applicant to justify the granting of an exception to the
requirement of this chapter to dedicate and construct a public street:
(a)
The approval of a private street shall be subject to the execution and recording of a private street agreement between the developer and all of the owners of record of all lots or properties situate along the private street to be constructed and the existing private street with which it connects. The private street agreement required hereunder shall contain covenants on the part of the developer and of all of the property owners owning property abutting or situate upon said private streets or property owners served by said private streets that the streets will be maintained; that snow and ice will be removed in a regular manner and promptly; that the streets are properly maintained and accessible to municipal vehicles, such as fire, ambulance and police and that such vehicles have a right to enter upon the same; that vehicles used by water or sanitary sewer authorities may use such private streets for access for the purpose of serving or maintaining any publicly owned water, storm and sanitary sewer lines; that the street and any developments situate along the same shall meet all stormwater and sanitary sewer requirements required by the Township Engineer or under the Township's Stormwater Management Plan in Chapter 266, Stormwater Management.
[1]
In addition, all owners of property situate along any such private
street shall provide written consent to the submission of the application
for a simple subdivision evidencing their acknowledgment of the right
of the developer of such simple subdivision to use the private street
for the purposes evidenced by the submission.
[2]
Further, it shall be demonstrated by the developer that such
property submitted for approval as a simple subdivision shall not
impede future development of other properties adjacent to or beyond
the properties sought to be developed and that it will not tend to
landlock properties of other persons adjacent to or beyond the properties
to be developed.
(b)
All structures on lots shall be set back from any private street the minimum distance required under the Chapter 310, Zoning, for the zoning district in which the lot is located, and all other setback requirements for such district shall be observed.
(c)
Approval of a private street shall be subject to adequate provisions
by the developer for controlling stormwater runoff and debris from
washing onto public streets or adjacent private property.
