[Amended 12-6-1977 by Ord. No. 53; added 8-8-1978 by Ord. No. 59]
In order to discharge the duties imposed by law, the Board of Supervisors has adopted the following procedures, which shall be observed by all subdividers and land developers, applicants and owners. The time period for the review process for plans required by the Township shall conform to § 508 of the Pennsylvania Municipalities Planning Code, being Act 247 of 1968, as amended.[1] The review period may be extended where the applicant agrees in writing to waive the requirements of § 508. The presentation of a preliminary plan and final plan shall each be considered a separate submission and a separate time period shall be applicable for each such separate submission.
[1]
Editor's Note: See 53 P.S. § 10508.
[Amended 9-1-1982 by Ord. No. 95]
A. 
The separate stages of approval may consist of the submission of sketch, preliminary and final plans. The following table indicates the required plans for each type of submission:
Plan
All Major Subdivisions
Minor Subdivisions
All Land Development
Sketch
Not required
Not required
Not required
Preliminary
Required
Required
Required*
Final
Required
Required
Required
NOTES:
*
No preliminary plan shall be required if the land development qualifies as a minor subdivision.
B. 
Any individual or entity submitting required plans shall notify on a form approved by the Township, all individuals or entities who own real estate within 500 feet of the proposed subdivision of the pendency of such subdivision proposal. Such notice shall be posted within five days of the submission of the first required plan, and proof of delivery must be delivered to the Township within 15 days of the submission. In the event that the applicant proposing the subdivision does not furnish such proof, nor adequately explains the reason that notice was not delivered, the Township shall notify any owners not so notified by the applicant and shall charge all costs therefor to the applicant.
The Board of Supervisors shall render the final decision on the approval or disapproval of all applications and subdivisions or land development plans submitted to the Township. Before acting on any subdivision or land development plan, the Board shall request a report and recommendations on such plans from the Township Engineer and the Planning Commission.
[Added 8-8-1978 by Ord. No. 59]
A. 
No subdivision application shall be approved if there exists of record a restriction (in favor of and/or enforceable by the Township) against further subdivision of the subject lot or tract or parcel of land. No land development application shall be approved if there exists of record restriction (in favor of and/or enforceable by the Township) against further land development of the subject lot or tract or parcel of land.
B. 
If restrictions against further subdivision and/or land development exist, but such restrictions are not in favor of and/or enforceable by the Township, then the Board of Supervisors may notify each person in whose favor the restrictions exist or who may enforce the restrictions of the pending subdivision and/or land development application. Such notice may be given in any manner deemed proper by the Board of Supervisors.
[Added 1-5-1981 by Ord. No. 75; amended 4-6-1983 by Ord. No. 102]
A. 
The Upper Makefield Volunteer Fire Company shall review all preliminary plans and final plans for major subdivisions.
B. 
The Fire Company shall review all sketch plans when submitted.
[Added 1-5-1981 by Ord. No. 75]
All applications for subdivisions and/or land developments consisting of 10 lots or more, or 10 units or more, shall be accompanied by a detailed wastewater alternative analysis report containing all information required for an official sewage facilities plan or revision as set forth in Title 25 of the Pennsylvania Code, Part I, Chapter 71, § 71.14. In addition, the detailed wastewater alternative analysis report shall set forth the following:
A. 
A detailed soils investigation of the site as it relates to the suitability of the tract of ground for waste disposal.
B. 
A detailed geographical and hydrogeological investigation of the site to determine the ability of the tract of ground to supply water for the proposed subdivision or land development.
C. 
A detailed analysis of the effect, if any, the proposed wells and/or water system will have on wells on neighboring lots and tracts of ground within 1/2 mile of the proposed subdivision or land development.
D. 
A detailed technical, environmental and economic comparison of the following wastewater alternatives:
(1) 
Individual on-lot waste disposal system.
(2) 
Community on-lot waste disposal system.
(3) 
A community lagoon system with spray irrigation.
(4) 
Package plants.
(5) 
Package plants with spray irrigation.
(6) 
Stream discharge alternatives.
E. 
Preliminary plans of the type of system proposed, the preliminary waste disposal plan to include the following information:
(1) 
The type of system.
(2) 
The preliminary construction plan for the system.
(3) 
The location of the system.
(4) 
The capacity of the system.
(5) 
The maintenance of the system.
(6) 
The inspection and repair procedures for the system.
(7) 
The location of all existing and proposed wells within 1/4 mile of each system.
(8) 
The buffer zone provided around all community systems.
(9) 
The proposed easements around community systems.
[Added 4-6-1983 by Ord. No. 102]
A. 
At the same time that a subdivision plan, whether preliminary or final, is submitted to the Township and to which § 22-329A applies, a recreation plan shall be submitted to the Township Park and Recreation Board, which shall review the plan (both to use and location) and make recommendations thereon in writing to the Planning Commission and Board of Supervisors.
B. 
Upon recommendation of the Park and Recreation Board, the Board of Supervisors may waive or alter any provision of this Part.
C. 
In certain instances, the Park and Recreation Board may recommend to the Planning Commission and the Board of Supervisors that because of size, shape, location, access, topography, drainage or other physical features of the land that there is no dedication to the public because of size, access, topography or other physical characteristics. In that event, the developer shall proceed in accordance with § 22-329D of this chapter.
[Added 10-21-1987 by Ord. No. 133; amended 7-7-1999 by Ord. No. 220; 11-17-2020 by Ord. No. 325]
A. 
All subdivision/land development applications involving five or fewer residential lots, including existing lots, and a proposed groundwater withdrawal not to exceed a daily average demand of 2,500 gallons per day, or a land development that will result in an increase in groundwater withdrawal not to exceed 1,000 gallons per day based upon historical water usage data pertaining to the development site for the preceding 10 years, shall require a hydrogeologic evaluation that includes, at a minimum, the following information:
(1) 
Groundwater demand calculations. The following groundwater demand requirements shall be calculated for each application to which this section is applicable:
(a) 
Average daily demand: first bedroom 200 gallons; each additional bedroom, 100 gallons.
(b) 
Peak daily demand: two times the average daily demand.
(c) 
Peak load: three gallons per minute times the number of bathrooms.
(d) 
Peak time: average daily demand in gallons divided by peak load in gallons per minute.
(2) 
Peak demand test.
(a) 
Each well shall be pumped at the peak load for a duration equal to the peak time. The following sets forth the testing procedure:
[1] 
Measure and record pre-pumping water level relative to measuring point (top of casing).
[2] 
Measure and record pumping rate using five-gallon bucket at five minute intervals.
[3] 
Measure and record pumping water level at one minute intervals for first 10 minutes.
[4] 
Measure and record pumping water level every five minutes until achieving peak time.
[5] 
Measure and record total drawdown.
[6] 
Collect water quality samples.
[7] 
Measure and record water level recovery at one-minute intervals for first 10 minutes.
[8] 
Measure and record water level recovery every five minutes until equal to peak time.
[9] 
Calculate and record total volume of water withdrawn in gallons.
[10] 
Calculate and record average pumping rate in gallons per minute.
(b) 
The peak demand test shall be overseen by a professional geologist/hydrogeologist licensed by the Commonwealth of Pennsylvania.
(3) 
Observation well requirements.
(a) 
Applicants shall utilize future water-supply wells within the lots as observation wells during peak demand testing to evaluate the potential for well interference and calculate aquifer characteristics. Financial security shall be posted in conjunction with the development agreement pertaining to the subdivision and/or land development application to guarantee the proper construction of the wells, with said requirement being so noted on the recorded plans for the subdivision and/or land development.
(b) 
Applicants shall not be required to monitor existing wells and springs on neighboring properties. However, for a period commencing at the time the first well is placed into production until 12 months from the date that the final well that is to be installed in conjunction with the subdivision and/or land development is placed into production, the applicant, its successors and assigns, shall be presumed to be responsible for adverse impacts to neighboring wells within 500 feet of the lot(s) and will restore or replace the impacted water supply by either deepening the impacted well or drilling a new replacement well.
(4) 
Water quality sampling and analysis. Water quality samples shall be collected prior to the cessation of pumping. Samples shall be analyzed by a PADEP accredited drinking water laboratory in accordance with Chapter 26, Water, Part 3, Section 305, of the Upper Makefield Township Code.
(5) 
Final report.
(a) 
A final report presenting the results of the hydrogeologic evaluation shall be required. At a minimum, the final report shall include:
[1] 
A site plan, prepared by a professional engineer/land surveyor, licensed to practice in the Commonwealth of Pennsylvania, identifying lots, topographic contours, locations of all existing and proposed structures, wells, septic systems, streams and other surface water bodies and a soils map and geology map showing the lots.
[2] 
Geologic well logs for each well. Well logs shall include a complete geologic description of composite drill cuttings collected over five-foot intervals and information relative to drilling method, rate of penetration, depth to fractured zones, depth and estimated yield of discrete water producing zones and total estimated well yield at the cessation of drilling.
[3] 
Well completion summary including casing material, diameter and length; grouting materials, amounts and placement methods; pump model, capacity and depth setting; surface completion specifications.
[4] 
Hydrogeologic analysis of each peak demand test including calculations of aquifer characteristics (transmissivity and storage coefficient), determination of radius of influence and evaluation on potential impacts to adjacent well owners.
[5] 
Results of water quality sampling and analysis.
(b) 
The Final Report shall be prepared and sealed by a professional geologist/hydrogeologist, licensed to practice in the Commonwealth of Pennsylvania. The final report shall certify that the hydrogeologic evaluation was conducted in a manner consistent with regulations, requirements and best practices established by Upper Makefield Township to assure safe, adequate and reliable groundwater supply, for the intended use, without adverse impact to existing groundwater users or the groundwater resource. The final report shall be submitted for review/approval prior to consideration of preliminary approval of the proposed subdivision and/or land development by the Township.
B. 
All applications for subdivisions and/or land development which involve a proposed groundwater withdrawal of greater than 2,500 gallons per day, or involve six or more lots, including existing lot(s), shall be required to submit a hydrogeologic report which shall contain the following:
(1) 
General report requirements.
(a) 
Reports shall certify that the following have been reviewed and referenced prior to submitting a report:
[1] 
The Special Groundwater Study of the Delaware River Basin - Study Area II (1982); and
[2] 
R.E. Wright Associates, Inc.'s, Groundwater Quality Investigation of Upper Makefield Township (1986); and
[3] 
U.S. Department of the Interior, U.S. Geological Survey, Estimates of Groundwater Recharge Based Upon Stream Flow - Hydrograph Methods: Pennsylvania (2005).
(b) 
Reports shall keep statements concerning regional hydrogeologic conditions to a minimum. Reports shall place an emphasis on site-specific and Township-specific hydrogeologic conditions.
(c) 
Report shall consider previous reports prepared by other developers in the Township which are determined to be relevant by the Township.
(d) 
The text of reports shall contain pertinent data, analyses, and methods used to arrive at the report's conclusions. Appendices shall contain raw and summary data.
(e) 
All figures contained within reports shall contain complete legends, titles, and scales.
(f) 
All numerical parameters within reports shall be presented with appropriate units, and all data shall be referenced by source, date, location, and time, where appropriate.
(g) 
Every report shall contain a topographic site map at a minimum scale of one inch equals 2,000 feet clearly showing the location of the proposed site relative to the entire Township boundary.
(h) 
All maps, contained within reports, used to describe site-specific features and impacts of the site shall include, as a minimum:
[1] 
That area within a half-mile distance from the perimeter of the proposed development.
[2] 
Location of all wells, springs, on-site sewage disposal systems, and such other features as may relate to the quality and availability of groundwater within a half-mile distance from the perimeter of the proposed development.
[3] 
The area influenced by the proposed development, as indicated by § 22-608B(2) and (3) hereof, water quality analysis and water quantity analysis.
(i) 
Every report shall contain copies of the written notification provided and as required by § 22-608B(3)(e)[4].
(j) 
There will be a fee charged to the applicant to review the report required by this Part which will be fixed by resolution in the prevailing Township fee schedule, to reimburse the Township for transferring well information into the database. The fee will be based on the number of individual lots being considered.
(2) 
Water quality analysis.
(a) 
The report shall contain groundwater quality analyses which shall include, at a minimum, all of the parameters contained within § 26-305 of Chapter 26, Water, of the Upper Makefield Township Code. The groundwater quality analyses shall be conducted on a water sample collected just prior to the completion of the pumping phase of the long-term pumping test (see "water quantity analysis," below). A groundwater sample and analysis shall be required from each hydrogeologic unit from which a withdrawal is proposed and for every required pumping test.
(b) 
The report shall contain the data from the above analyses. All analyses shall be performed by a laboratory certified by the Pennsylvania Department of Environmental Protection and shall be included in the appendix to the report.
(c) 
The report shall contain existing water quality data obtained from nearby, adjacent groundwater sources and subsequent monitoring data collected by Upper Makefield Township.
(d) 
The report shall indicate the location and design of all on-site sewage disposal systems.
(e) 
The report shall describe the methodology applied to define on-site and off-site groundwater quality impacts.
(3) 
Water quantity analysis.
(a) 
The report shall contain a water quantity analysis which shall include locations and design of proposed wells and wells serving adjacent land parcels within a half-mile distance from the site boundary.
(b) 
The report shall contain a current water table contour map (feet above mean sea level) based on available groundwater and surface water monitoring points. All proposed developments are required to utilize for this purpose a minimum of three existing or new groundwater monitoring points, optimally positioned to allow the determination of groundwater flow direction. For sites greater than 100 acres, there shall be at least one monitoring well for each 33 acres of the site.
(c) 
The report shall contain existing geologic and soils maps, updated with site-specific refinements.
(d) 
The report shall contain detailed geologic logs of the newly drilled wells prepared by a geologist and certified by the professional geologist/hydrogeologist in charge. The log shall include description of rock specimens at five-foot intervals, location and estimated yield of water-bearing zones, and all other data collected and observations made during drilling.
(e) 
The report shall contain the results of a long-term pumping test with the pumping phase of the test lasting 48 hours or longer as analysis of the water level data may indicate. The pumping test shall include the following features:
[1] 
The test shall be conducted during a period of no significant recharge event, or the influence of recharge upon the results of the test shall be property evaluated.
[2] 
The test shall include one pumping well (roughly centered on site) and at least two observation wells, all completed in the same hydrogeological unit with their positions established by survey and distributed at appropriate distances along and across geologic strike from the pumping well.
[3] 
The test shall include a comprehensive network of nearby wells. The purpose of the well network is to monitor water levels during the test in order to determine a real extent and degree of impact from pumping at the test well. Accordingly, the number of wells included in the monitoring network and the frequency of water level monitoring shall be such as to allow for definition of the area of impact with a reasonable degree of professional or scientific certainty.
[4] 
For the purpose of preparing a monitoring network, residents located within a one-half-mile radius of the proposed subdivision and/or land development shall be contacted, in writing, at least 14 days prior by certified mail - return receipt requested and regular mail, and their wells solicited for monitoring.
[a] 
If necessary and in order to obtain a meaningful well network, residents shall be contacted by other additional reasonable methods until a sufficient response is obtained. It is recognized that, in the final analysis, the make-up of the monitoring network will be dependent upon the willingness of the residents to allow collection of water level data in their well.
[b] 
The Township shall be copied on all correspondence sent to the residents, and the entire record of the effort put forth in obtaining permission to include nearby wells in the network shall be included in the report including the response of each person so contacted.
[c] 
Attached as Appendix C to the report shall be the correspondence with the green certified mail return receipt cards.
[d] 
The notice to adjoining property owners shall include:
[i] 
Name of consultant performing the long-term pumping test.
[ii] 
Name of developer.
[iii] 
Purpose of test.
[iv] 
Statement that owners may have well monitored at no cost to them in order to determine if there is a detrimental impact.
[v] 
That any questions or concerns can be directed to the Code Enforcement Officer of Upper Makefield Township at (215) 968-3340.
[vi] 
That Upper Makefield Township considers the monitoring of existing wells important for the good of citizens.
[5] 
The pumping test design shall include provisions for the collection of baseline data in the test and network wells in order to establish water level trends. If possible, a continuous water level record will be collected at the test well prior to implementation of the pumping test.
[6] 
The water level data collected during the pumping test (drawdown and recovery phases) shall be analyzed for well and aquifer parameters including specific capacity, long-term sustainable yield, hydraulic conductivity and transmissivity (directional), and specific yield.
[7] 
The test shall be conducted with a pumping rate equal to or greater than the proposed peak rate of groundwater use.
[8] 
One pumping test (done separately) shall be required for each 100 acres of the proposed subdivision and for each hydrogeologic unit from which a withdrawal is proposed.
(f) 
The report shall contain a projected equilibrium (steady-state) piezometric surface contour map of the proposed pumping scheme, at the end of a sixty-day pumping period without precipitation recharge.
(g) 
The report shall include a map illustrating the drawdown effects upon off-site wells and springs located within a half-mile distance from the site boundary, indicating drawdowns of one foot or more, occurring during a year with a natural recharge rate of a one-year-in-ten frequency.
(h) 
The report shall describe the effects of any proposed on-site sewage disposal system groundwater recharge, assuming 20% operational and evaporative losses.
(i) 
Where separate wells are proposed for individual lots, the report shall demonstrate that each well is likely to provide sufficient (equal to or greater than three gallons per minute) yield. All other requirements, for individual on-lot wells, as set forth at Part 3, § 26-302, of the Codified Ordinances of Upper Makefield Township, shall also be met.
C. 
Prior to the implementation of any drilling or pumping test as set forth herein, applicant shall provide the Township 14 days' advance written notice and shall submit, for review and approval, protocols outlining tasks to be completed, procedures and methodologies to be employed in the completion of such tasks, and steps to be undertaken in order to guarantee quality and reliability of the data generated thereof. The failure of representatives of Upper Makefield Township to respond to the protocols shall not be deemed an acceptance or approval of them.
D. 
It would be difficult, if not impossible, to quantify the harm that would result to the residents of the Township in the event that the provisions of this Part are breached. Therefore, the Township established the following fines to be imposed.
Offense
Fine
Failure to obtain permit for drilling
$1,000
Failure to provide 14 days advance written notice
$1,000 each day violation occurs
In addition, the Township may disregard the results of drilling and/or testing if they do not meet the requirements of this Part and require the drilling of new wells and/or the completion of a new pumping test.
A. 
Purpose.
(1) 
The impact on the environment generated by subdivision, land development and other projects necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize these problems. In order to effectively evaluate the environmental consequences or effects of certain projects proposed in the Township, an environmental impact assessment (EIA) report shall be submitted together with preliminary plans for all land developments and all subdivisions which involve five or more dwelling units or lots; provided, however, that a subdivision of lots, all of which are greater than 10 acres in area, shall be exempt from the requirements of an EIA report, regardless of the number of lots if all of the lots are deed-restricted from further subdivision.
(2) 
In order to encourage the thorough preparation of an EIA report, the applicant may use the components of the EIA report to satisfy the reporting requirements of the Joint Municipal Zoning Ordinance[1] and this chapter; provided, however, that a list of the sections of the Joint Municipal Zoning Ordinance and this chapter that are proposed to be satisfied by the EIA report shall be submitted with the EIA report. A partial list of the sections which may be satisfied by the EIA report is attached as Exhibit A to this section. The standards set forth in the Joint Municipal Zoning Ordinance, this chapter and Code are incorporated where relevant in this section to provide the standards by which particular impacts shall be judged.
Exhibit A
[Amended 9-23-2015 by Ord. No. 309]
I.
Joint Municipal Zoning Ordinance References
A.
Hydrologic Surface Feature
(1)
Lakes or ponds
§ 903.B.2
(2)
Shore lines
§ 903.B.3
B.
Steep slopes
(1)
Woodland associations
§ 903.B.5
(a)
Floodplain swamps
§ 903.B.5.a
(b)
Meisic upland and lowland
§ 903.B.5.b
(c)
Upland
§ 903.B.5.c
(2)
Trees on wooded lots
§ 903.B.6
(3)
Agricultural soils
§ 903.B.7
(4)
Stormwater
§ 903.B.7
(5)
Soil erosion and sedimentation
§ 903.B.10
(6)
Environmental restrictions
(a)
General
§ 904.A
(b)
Commercial and Industrial
§ 904.D
(i)
General
§ 904.B.1
(ii)
Noise
§ 904.B.2
(iii)
Vibration
§ 904.B.3
(iv)
Air pollution
§ 904.B.4
(v)
Toxic or noxious matter
§ 904.B.5
Waterborne
§ 904.B.5.a
Airborne
§ 904.B.5.b
(vi)
Odors
§ 904.B.6
(vii)
Fire and explosion standards
§ 904.B.7
(viii)
Storage flammable materials
§ 904.B.8
(ix)
Heat and glare control
§ 904.B.9
(x)
Water quality
§ 904.B.10
II.
Subdivision References
A.
Design Standards
Chapter 22, Part 3
(1)
Stormwater
§ 22-318
(2)
Grading
§ 22-316
(3)
Planting
§ 22-324
(4)
Erosion and sediment control
§ 22-325
(5)
Floodplain
§ 22-326
(6)
Retention and detention
§ 22-327
(7)
Park and recreation
§ 22-329
B.
Required Improvements
Chapter 22, Part 4
(1)
Stormwater drainage system
§ 22-411
(2)
Public water supply
§ 22-412
(3)
Private water supply
§ 22-413
(4)
Public sanitary sewer
§ 22-414
(5)
Private sewage disposal system
§ 22-415
C.
Application Procedures
(1)
Wastewater alternative analysis (10 or more) (or land development)
§ 22-606
(2)
Hydrogeologic report
§ 22-608
D.
Plan Requirements
§ 22-804
III.
Miscellaneous
A.
Grading and Soil Erosion
Chapter 9, Part 1
B.
Production Wells
Chapter 26, Part 2
C.
Public Water Systems
Chapter 26, Part 1
D.
Wells
Chapter 26, Part 3
E.
Floodplains
Chapter 8
F.
Floodplain Soils
Chapter 8
[1]
Editor's Note: The Joint Municipal Zoning Ordinance is on file in the Township offices and is accessible via the Township website.
B. 
For purposes of an EIA, the following definitions shall apply:
ADVERSE ENVIRONMENTAL IMPACTS
An impact which contributes to a harmful or degraded condition and/or produces an environmental harm or degradation. Adverse environmental impacts may include a negative impact on surrounding land uses; negative impacts which are contrary to the Comprehensive Plan and the intent of this Part; negative impacts which may create a threat to the public health, safety and general welfare; and negative impacts on physical and biological resources.
ALTERNATIVES
Choices between or among two or more plans, layouts, approaches, solutions and/or results.
BENEFICIAL EFFECTS
Results contributing to an improvement in condition and/or producing a favorable result, such as making a use more compatible with the intent of this chapter and the goals of the Comprehensive Plan and promoting the public health, safety and general welfare.
BIOLOGICAL RESOURCES
Characteristics of the natural environment manifest in its flora and fauna. The disposition of these characteristics is typically expressed in vegetation and/or wildlife units, such as field and meadow; tree, woodland or forest stands and related understory and ground cover growth; and aquatic and terrestrial wildlife and/or their habitats.
COMMUNITY FACILITIES
The services which provide for various community health, education, safety, leisure, and like needs and the locations at which these services are provided. Typical community facilities include schools, parks and recreation areas, libraries, hospitals and other health-care facilities, fire protection, police, ambulance and rescue service and postal services.
CULTURAL ENVIRONMENT
A representation of man's influence on land and/or water through the use, organization, adornment and maintenance of property and structures.
DEMOGRAPHIC CHARACTERISTICS
Characteristics related to the distribution, density and vital statistics of populations.
DEVELOPMENT
Any man-made change to improved or unimproved real estate including, but not limited to, the construction or alteration to buildings or other structures, the placement of mobile homes, streets or other paving, utilities, filling, grading, regarding, excavation, mining, dredging or drilling operations; provided, however, the following shall not be considered as development: routine maintenance; incidental grading related to gardening, cultivation and the like; and minor structure alterations to a building.
ECONOMIC AND FISCAL CHARACTERISTICS
Characteristics related to the expenditures and revenues in conjunction with the management of income of a household, private business, community, association and/or government.
ENVIRONMENT
The conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed project including, but not limited to: natural elements such as land, water, air, minerals, natural flora and natural fauna; and man-made components such as objects of historic or aesthetic significance, infrastructure and man-related attributes of a social and economic nature.
ENVIRONMENTAL IMPACT ASSESSMENT REPORT
An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental and cultural effects of a proposed project and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter.
HISTORIC RESOURCES
Sites, areas, structures, trails and/or routes which are valued due to their significance as examples and/or locations of events, customs, skills and/or arts of the past.
IMPACT
The power of an event or condition to produce changes in other conditions. In the context of impact exerted on the environment, changes which affect existing conditions and/or quality are of greatest concern.
INFRASTRUCTURE
The basic installations and facilities on which the continuance and growth of a community depend, such as roads, schools, electrical transmission facilities, transportation and communication systems, and sewer and water systems.
LONG-TERM EFFECTS
Results which are manifest for, or extending over a period of greater than, two years.
MITIGATION
The act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.
NATURAL ENVIRONMENT
A composition of land, water and/or air represented by its inherent physical and biological resources.
PHYSICAL RESOURCES
Characteristics of the natural environment manifest in its: landforms, soils, geological structures of surface and/or subsurface rock, minerals, natural bodies of water and/or man-made impoundments, watercourses, groundwater and the like. The disposition of these characteristics is typically expressed in physiographic, topographic and/or hydrologic units such as rock formations, slopes, elevations, soil types, watersheds, surface water types, wetlands, floodplains, aquifers or aquifer recharge areas and the like.
PRIMARY EFFECTS
Results of a direct nature which have a principal influence on a particular condition.
PROJECT
A subdivision, a land development or any development involving the construction or alteration of buildings or other structures, or the grading of land to accommodate a building, structure or use.
SECONDARY EFFECTS
Results of an indirect nature which have an influence on a particular condition or state derived from a primary effect.
SHORT-TERM EFFECTS
Results which are manifest for, or extending over a period of less than two years.
VISUAL RESOURCES
Characteristics of the natural and/or cultural environment which are visible from surrounding lands. The visual resources of a particular area are typically expressed in terms of their visibility, character and/or attractiveness relative to their amenity value and/or quality and shall include historic structures and sites, ponds, lakes, streams, woodlands, Jericho and Solebury Mountain and unique viewscapes.
C. 
An updated EIA report shall accompany and form a part of a final land development or subdivision plan as required by § 22-703B.
D. 
Twenty copies of EIA report shall be submitted with the plans, preliminary or final. 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 municipalities 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, as follows:
(1) 
Overview. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be considered and the uses intended. The resident population, working population and visitor population shall be projected. The basis of the projections shall be clearly stated in the report.
(2) 
Compatibility. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
(a) 
Surrounding properties and uses including, where applicable, local villages.
(b) 
Township Comprehensive Plan, especially the land use and open space elements.
(c) 
Comprehensive Plan of adjacent municipalities whenever a project is located along or within 2,000 feet of the municipal boundaries.
(d) 
Bucks County Comprehensive Plan.
(e) 
Regional and state planning guides.
(f) 
Other pertinent planning documents.
(3) 
Location. 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 2,500 feet of any part of the tract. In the case of development of only a portion of the entire tract, the location map shall also show the relationship of the section to the entire tract.
(4) 
Photographs. An identification of the character and appearance of the site through the presentation of photographs or copies thereof (black and white or color). Such photographs shall provide a representation of what the site looks like from ground level. Photographs should be properly identified or captioned and shall be keyed to a map of the site.
(5) 
Description of the project. 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, landscaping, buildings and other structures, and all impervious surfaces. The plan shall be drawn at a scale of not smaller than 100 feet to the inch, i.e., 50 feet to the inch is permitted, but 200 feet to the inch is not, and may be submitted as an attachment to the report. The plan shall reflect all the information required under the plan requirements of the Joint Municipal Zoning Ordinance[2] and this chapter.
[2]
Editor's Note: The Joint Municipal Zoning Ordinance is on file in the Township offices and is accessible via the Township website.
(b) 
Except for single-family dwellings, floor plans and elevations, including architectural renderings, 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, 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. For areas to be owned and maintained by property owner's associations or condominium associations, all relevant documents regarding the formation and operation of the association(s) shall be submitted to the Township with final plans.
(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.
(6) 
Physical resources inventory. An identification of physical resources associated with the natural environment of the tract, including such features as geology, topography, soils, hydrology and the like. The identification of physical resources shall include a narrative description of the qualitative aspects of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not smaller than 100 feet to the inch as specified below and may be either incorporated into the EIA report or submitted as attachments to the report.
(a) 
A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations at or influencing the tract and features, such as faults and/or fractures.
(b) 
A map depicting the topographical characteristics of the tract. Such map shall contain contours with at least two-foot intervals and shall depict slopes ranging from zero to 15%, 15% to 20%, and greater than 25%.
(c) 
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 project such as prime agricultural soils (see § 903.B.7 of the Joint Municipal Zoning Ordinance[3]), floodplain soils, depth of bedrock, depth of water table, flood hazard potential, and limitations for septic tank filter fields. List and describe each soil type located on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations (as per the Soil Survey of Bucks County - Soil Conservation Service) relative to the type of project proposed, a complete mapping of all soil types on the site shall be required indicating where those moderate and severe limitations exist.
[3]
Editor's Note: The Joint Municipal Zoning Ordinance is on file in the Township offices and is accessible via the Township website.
(d) 
A map depicting the hydrological characteristics of the tract (see § 903.B.1, 2 and 3 of the Joint Municipal Zoning Ordinance). 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, lakes and other natural bodies of water, springs, wetlands and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.
(7) 
Biological resources inventory. An identification of biological resources associated with the natural environment of the tract, including such features as vegetation and wildlife. 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 not smaller than 100 feet to the inch, as specified below; 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 woodland and forest areas of the tract and shall note the types of vegetation associations which exist in terms of their species type and sizes (see § 903.B.5 and 6 of the Joint Municipal Zoning Ordinance). In addition, all trees 12 inches in caliper or greater shall be accurately located and identified on the map whether they are freestanding trees or tree masses.
(b) 
A map depicting characteristics associated with wildlife habitats. Such map may draw upon vegetation, hydrology and soil maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship of the overall habitat(s).
(8) 
Land use inventory. An identification of the land use conditions and characteristics 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 scale of not smaller than 100 feet to the inch 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, woodland and forest areas, cultivated areas, pasture, 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 and significant visual resources within 1,000 feet of the proposed tract. Such map may be at the same scale as the location map.
(9) 
Hydrologic surface features inventory. Describe existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance. Calculate existing surface runoff from the site and the associated watershed, including the potential development of the remainder of the watershed. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters. When required, floodplain areas will be mapped in consultation with the Department of Environmental Protection. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined. Additionally, wetland areas as defined by the Department of Environmental Protection and the U.S. Corps of Engineers shall be delineated.
(10) 
Subsurface hydrologic inventory. Describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities of the site. Where existing conditions warrant, provide detailed information regarding existing wells within 1,000 feet of the site relative to depth, capacity and water quality. Discuss the water supply capabilities of the adjacent areas and the recharge capabilities of the site.
(11) 
Existing features inventory. Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, housing units, accessory structures, utility lines, etc.
(12) 
Historic resources inventory. An identification of the man-made resources associated with or within 1,000 feet of the tract which are older than 50 years. Areas, structures and/or routes and trails included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places, the Historic American Building Survey, the Bucks County Conservancy, Upper Makefield's Historic District and any which may be 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 not smaller than 100 feet to the inch depicting historic resources shall be incorporated into the EIA report or submitted as an attachment to the report.
(13) 
Visual resources inventory. 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 which can be viewed from adjacent roadways. The identification of visual resources shall include a narrative description of the above. In addition, a map drawn at a scale of not smaller than 100 feet to the inch depicting visual resources shall be incorporated into the EIA report or submitted as an attachment to the report.
(14) 
Community needs inventory. An identification of the community facility needs associated with the users and/or residents of the proposed project. 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 and postal services) 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.
(15) 
Utility needs inventory. An identification of the utility needs associated with the users and/or residents of the proposed project and a statement whether the project is within the area to be served by public sewers under the Township's Act 537 Plan. 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 residents 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. Certificates from the utilities confirming that adequate capacity exists to service the proposed development shall be included.
(16) 
Transportation system inventory. For all land developments and for subdivisions of more than 25 units, an identification of the relationship of the transportation and circulation system needs of the proposed project 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 project, including their relationship to existing traffic volumes on existing streets for both peak-hour and non-peak-hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed project and what improvements are proposed to remedy any physical deficiencies.
(17) 
Demographics. For land developments and subdivisions of more than 25 units, an identification of the demographic characteristics related to the proposed project. 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 project conditions.
(18) 
Fiscal impact. For land developments and subdivision of more than 25 units, an identification of the economic and fiscal characteristics related to the proposed project. 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 project conditions.
(19) 
Existing and future environmental impacts conditions. 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. (The standards set forth in § 22-904 of this chapter are incorporated herein by reference.)
(20) 
Licenses and permits. An identification of all licenses, permits or other approvals required by law for the development and the status of each. (See § 1403 of the Joint Municipal Zoning Ordinance for Township permitting requirements.[4])
[4]
Editor's Note: The Joint Municipal Zoning Ordinance is on file in the Township offices and is accessible via the Township website.
(21) 
Floodplain controls. An identification of compliance with the requirements of Chapter 8, Floodplain Management.
[Amended 9-23-2015 by Ord. No. 309]
(22) 
Impacts inventory. The implications of the proposed project 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 project to the resources, conditions and characteristics described in Subsection D(5) through (21), above. In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the tract's resources, conditions or characteristics through the use of a map drawn to scale of not smaller than 100 feet to the inch, 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 project.
(23) 
Alternatives analysis. An analysis of the alternatives within the project which would preclude, reduce or lessen potential adverse impact or produce beneficial effects. 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 and the reduction in the size of proposed structures or number of structures.
(24) 
Adverse impacts.
(a) 
The identification of probable adverse effects which cannot be precluded, including:
[1] 
Water quality and quantity.
[2] 
Air quality.
[3] 
Noise.
[4] 
Undesirable land use patterns.
[5] 
Damage or destruction of significant plant or wildlife systems.
[6] 
Aesthetic values.
[7] 
Destruction of natural resources.
[8] 
Displacement of people and business.
[9] 
Displacement of viable farms.
[10] 
Employment and property tax.
[11] 
Destruction of man-made resources.
[12] 
Disruption of orderly community and regional growth.
[13] 
Health and safety and well-being of the public.
(b) 
In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implication; that is, whether the adverse effects will have a direct or indirect influence on a particular resource, condition or characteristic.
(25) 
Mitigation measures. 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 measures 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 erosion control, stormwater runoff control, water quality control and air quality control.
(b) 
Mitigation measures related to impacts which may be unique to a specified project are those related to efforts such as revegetation, screening, fencing, emission control, traffic control, noise control, relocation of peoples and/or businesses and land acquisition.
(26) 
Irreversible impacts. Any irreversible environmental changes which would occur due to the proposed project should it be implemented. To indicate such change, the use of nonrenewable resources during the initial and continued phases of the project shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and related qualitative effects.
E. 
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. Whenever any information required in this section is assumed not directly applicable to the proposed project, the applicant shall indicate such assumed inapplicability in the narrative of the EIA report and state why such information is considered to be inapplicable in the case of the particular project in question.
F. 
Planners or other experts.
(1) 
The EIA report shall be prepared by a planner certified by American Institute of Certified Planners or its equivalent in collaboration with other licensed professionals. All persons who participate in preparing the report shall be identified and their qualifications stated. All sources of information shall be identified when presented and a bibliography shall be attached to the report. All work in the report shall be in conformity with recognized engineering, architectural, and planning practices and principles.
(2) 
The Township may retain its own expert to evaluate the EIA report. The cost of the expert shall be a cost of the review of the project which shall be borne by the applicant.
G. 
The Board shall not approve the project unless it determines and finds that the proposed development.
(1) 
Will not result in appreciable harmful effects to the environment.
(2) 
Has been designed and conceived with a view toward the protection of resources.
(3) 
Will not, individually or collectively, place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals.
H. 
The Supervisors may waive the requirement of an EIA report if they determine that the anticipated environmental impact of the proposed project is minimal.
[Added 8-16-1989 by Ord. No. 150]
A. 
Applications for tracts of land along the municipal boundary shall submit one additional set of plans, which shall be forwarded to the adjacent municipality for their comments.
B. 
The Township may solicit comments from an adjacent municipality even if the plan is not on the boundary of the Township, where a plan, in the opinion of the Township, affects the adjacent municipality.
C. 
When comments are solicited from adjacent municipalities, the Planning Commission and the Board of Supervisors shall review the reports from the adjacent municipality as part of the plan review process.