Township of Millcreek, PA Article VII Land Development

§ 125-46 Application of regulations.

The regulations established in this chapter shall apply and extend generally to land development, as the term is defined in this chapter, subject only to the exceptions set forth in this article. Except as is specifically provided in this article, regulations, plan requirements and review processes shall apply to land developments.

§ 125-47 Exclusions from land development.

A. The following shall be excluded from the definition of "land development" and shall not be subject to plan submission and review regulations established in this chapter:

(1) Conversion (not expansion) of an existing single-family detached dwelling or a single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;

(2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building;

(3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the Board of Supervisors;

(4) Construction of water lines, sewer lines, roads and other public improvements otherwise regulated by specifications and provisions in this chapter, other laws and ordinances, regulations and an approved development plan;

(5) Construction of an individual single-family residential dwelling upon a lot or lots within a subdivision or development previously approved which otherwise complies with applicable regulations.

B. The following activities may, in the discretion of the Board of Supervisors, be excused from compliance with formal land development regulations upon request therefor and only in the specified circumstances:

(1) Development of a nonresidential building on a lot for a use which the Engineer and Zoning Administrator are satisfied, after review of certified estimates of proposed traffic volume, would at all times involve only minimum use drive or street access.

(2) An addition to an existing principal building involving no more than 5,000 square feet of additional area and which does not modify drive or street access, will not alter the existing traffic volume classification, grading or other required features, does not materially alter use of the premises or violate any requirements of the approved plan or of setback or other applicable regulations; provided, however, that where such addition involves a previously approved development plan, this exclusion shall apply only if provisions of this article governing amendment of land development plans are complied with.

(3) Upon request, favorable recommendation by the Township Engineer and approval by the Board of Supervisors, land development plan submission and review regulations may be excused where a proposed addition involves in excess of 5,000 square feet but less than 10,000 square feet of area, meets those standards set forth above in § 125-47B(2) and the Board concludes that the development can be properly regulated through the building/zoning permit process in Chapter 145, Zoning.

(4) An amendment to a previously approved land development plan involving less than 10,000 square feet of floor and additional impervious area which does not modify drive or street access, will not alter existing traffic volume classification, grading or other required features and does not materially alter use of the premises or violate any requirements of the approved plan or of setback or other applicable regulations; provided, however, that this exclusion shall apply only if the requirements for amendment of approved land development plans established in this article are met.

C. Exemption of a development activity under § 125-47A or B from plan submission and review regulations shall not be deemed to excuse such activities from all other regulations established in this chapter or in any other applicable law, ordinance or regulation, nor shall such exemption furnish excuse to any applicant from the obligation to pay filing and review fees or to deposit sums in escrow to ensure payment of fees for services in review and administration of plans.

§ 125-48 Nonsubstantial amendment of approved land development plan.

A. Definition restated. As set forth in Article II, a "nonsubstantial land development plan amendment" is deemed to include technical revisions, additions involving no more than 10,000 square feet of additional floor and impervious area and other matters which do not modify drive or street access; will not alter the existing traffic volume classification, grading or other existing or required features; do not materially alter use of the premises or violate any requirements of the approved plan, setback or other applicable regulations.

(1) Amendment of an approved land development plan meeting the above definition shall not be deemed a "land development," but shall be subject to this chapter's provisions for such amendment.

(2) Any application which does not meet all elements of a land development plan amendment shall be deemed a land development and, as such, shall comply with regulations established in this chapter for the same.

B. Submission and review.

(1) The applicant shall submit to the Township Engineer a sketch of the proposed amendment, together with detailed information explaining the nature of the proposed amendment, the proposed use, implications of the amendment upon the approved plan and established regulations and such traffic volume analysis as the Engineer determines is necessary to determine whether the proposed amendment would materially alter traffic volume.

(2) If the Township Engineer, after review, indicates that the application may qualify for exclusion from plan review processes otherwise established in this chapter, the applicant shall:

(a) File with the Township Engineer the Mylar and five copies of the proposed amendment, which shall incorporate the proposed amendment into the previously approved plan and comply with all requirements of all applicable ordinances and regulations; and

(b) Pay to the Township filing fees and deposit sums for review and inspection fees as established by resolution.

(3) The Township Engineer's indication to the applicant or favorable recommendation that the proposal be deemed an amendment authorized under this section shall not, absent approval by the Board of Supervisors, be binding upon the Township.

(4) The Township Engineer shall review the application and certify to the Board of Supervisors in writing whether the proposed amendment meets the definition and requirements of this section.

(5) After review by the Department of Planning, the Township Engineer shall submit the application to the Board of Supervisors at a regular meeting. If the Engineer believes that the application meets all requirements of this section and regulations established in the chapter, he or she shall recommend that the application be deemed an amendment to an approved land development and approval of the application. If the Engineer believes that the application does not qualify as an amendment to an approved land development plan and/or that the application does not meet regulations established by ordinance, he or she shall recommend denial, stating reasons therefor.

(6) If the application is approved by the Board of Supervisors, the Supervisors shall sign the Mylar and plan copies once all requirements of or conditions imposed on approval have been met.

(7) The applicant shall assure that an approved amendment plan is recorded within 90 days after its approval, and that those copies of the recorded plan required by this chapter are delivered to the Engineering Department within 30 days after recording.

(8) If the Board of Supervisors should deny an application that a development be deemed an amendment to an approved land development plan excepted from plan submission and review processes in this chapter, the developer shall be obligated to follow all regulations applicable to submission of land development plan applications.

(9) No building permit shall be issued authorizing construction of any building, structure or addition prior to full compliance with the provisions of this section and other applicable regulations of this chapter.