For any subdivision or land development project, requiring approval
or review of the Clinton Township Planning Commission, plans shall
be submitted to the Clinton Township Planning Commission and be in
conformity with the regulations as set forth in this section. Any
and all plans, drawings, data, specifications, tabulations that are
supplementary to a plan submission shall be considered as an integral
part of the submission.
The submitted plan shall show the ultimate layout proposed for
development to be considered by the Planning Commission for review
and approval, and if ultimately reviewed and/or approved, for legal
recording as thus shown.
All restrictions affecting the use of property within the submitted
proposal shall be detailed upon the plan.
[Amended 3-28-2022 by Ord. No. 2022-01]
In the preparation of preliminary and final plans to be submitted
to the Clinton Township Planning Commission for review, the following
specifications and standards shall be required:
A.
All plans shall be drawn on sheets 24 inches by 36 inches in size.
B.
A proposed subdivision or land development site plan shall be drawn
at a scale no smaller than one inch equals 100 feet, which has been
deemed sufficient by the Planning Commission to illustrate pertinent
land features.
C.
All plans shall have the title block placed in the lower right-hand
corner of the drawing with the scale, parcel number, date, title,
engineer/surveyor name/seal, and location represented.
D.
All site plans shall not have topographic lines nor soil survey mapping
information superimposed on the plan drawing. Topographic and/or soil
survey information shall be depicted on separate sheets 24 inches
by 36 inches in size and attached to the site plan drawing.
[Amended 10-9-2012 by Ord. No. 2012-01]
A.
Plans and data involving subdivision or land development of minor
plans may be excused from the requirements for submission of a preliminary
plan. The developer shall, however, comply with the requirements for
submission of a final plan.
B.
Minor plan. Plans and data involving subdivision or land development
of 10 lots or less with no street construction or changes in existing
streets, private roads or easement of access.
C.
Major plan. A subdivision or land development plan which does not
meet the definition of a "minor plan."
All plans, drawings, data specifications, etc., that are submitted
to the Clinton Township Planning Commission for review and approval
shall be in conformance with the following specifications, submitted
in duplicate, and shall include, but not be limited, to the following:
A.
The title under which the subdivision or land development is to be
recorded.
B.
The date of the plan, the graphic scale and the North point.
C.
The location of the plan by name of Township road.
D.
The name and address of the owner of the subdivision or land development,
or of his agent, if any, and of the subdivider or developer.
E.
The name and address of the engineer or surveyor together with his
registration number and seal attached.
F.
Contours of vertical intervals of two feet for land with average
natural slope of 8% or less, and at vertical intervals of five feet
for more steeply sloping land.
G.
Adequate information regarding the reference data used for elevations.
H.
Proposed grading showing existing contours to remain, contours to
be altered and new contours at two-foot intervals.
I.
The total acreage of the plan.
J.
The plot and property lines of the proposed plan to include their
courses and distances and the interior angles of their intersections
with the boundary lines of adjacent property.
K.
The property lines of adjacent property whether laid out as subdivisions
or not, with the names of owners of such property.
L.
The names and dimensional data of proposed streets, roads, or other
ways which are, or will become, extensions of already established
streets, roads or other ways which are required to be shown. New street
names within the Township shall not duplicate or closely approximate
existing street names.
M.
The layout and dimensional data for all streets, roads or other ways,
and buildings adjacent to or abutting the plan within 200 feet of
the proposed development boundaries.
N.
The utilities on, or proposed for, and within 200 feet of the development
showing the locations, size and appropriate elevations for sanitary
and storm sewers, and water mains, gas mains, hydrants, power and
telephone lines, sewage lift stations, sewage disposal plants, water
wells and storage facilities. Points of connection with existing utilities
shall also be shown where applicable.
O.
If on-lot sewage disposal (septic tank) is to be utilized in the
development, the developer shall submit soil percolation tests certified
by the Municipal Sewage Enforcement Officer or by the Department of
Environmental Protection, conducted in accordance with the provisions
of the Pennsylvania Sewage Facilities Act, Rules and Regulations.
P.
The approximate location, dimensions, and area of all property to
be reserved for public use or for use by the property owners in the
development, such as parks and recreations areas.
Q.
The location, dimensions and purpose of all proposed easements.
R.
The proposed plan for storm drainage systems including location of
storm sewers, culverts, inlets, easements, diversion terraces, sedimentation
basins, etc., and a determination of the amount of runoff from the
project area and the upstream watershed area.
S.
If required by current regulations of the Pennsylvania DEP, wetland
areas shall be identified as to location and perimeter, and means
to protect and maintain them described.
T.
The location of prominent topographic features such as streams, drainage channels, floodplains, wooded areas, and other pertinent features that may influence the design. Wooded areas and clusters of trees of at least 12 inches diameter at breast height shall be specifically noted to meet requirements of § 147-20.
U.
The dimensioning of individual lots within the proposed plan shall
be in sufficient detail so as to enable the preparation of a complete
description and drawing thereof.
V.
Specification of zoning district on the tract of the development
and contiguous tracts; identification of any variances obtained from
zoning regulations.
W.
Where multifamily development or multi-tenant buildings are proposed,
the locations of these buildings shall be indicated showing height
of each, number of dwelling units or separate tenancy in each, minimum
distances between buildings and between buildings and road rights-of-way,
and proposed parking areas and number of spaces.
X.
A separate street profile may be required for each established and
proposed street, road or other way, showing elevations along the center
line within the plan and at a distance of 200 feet beyond the plan.
Y.
A general location map shall be submitted with the preliminary plan
and shall be drawn at a scale large enough to show the location of
the proposed development within the municipality and its relationship
to the existing community facilities, such as main traffic arteries,
and public water or sewer lines.
All plans, drawings, data specifications, etc., that are submitted
to the Clinton Township Planning Commission for final review and approval
shall be in conformance with the following specifications and shall
include but not be limited to, the following:
A.
Title block in the lower right-hand corner of each sheet containing
the name of the subdivision or land development plan, graphic scale,
date, name and address of the owner of land and developer, if different,
and the name and address of professional engineer or surveyor who
prepared the plan.
C.
North point.
D.
Block and lot numbers (in consecutive numerical order), dimensions
by bearings and distances of all property lines and lot lines, area
of each parcel, and total number of lots and acreage of whole development.
E.
Accurate boundary lines, with dimensions and bearings which provide
a survey of the tract, closing with an error of not more than one
foot in 10,000 feet.
F.
Street right-of-way lines, street names, and pedestrianways.
G.
Accurate dimensions by bearing and distances of all street right-of-way
lines as well as all curve data, deflection angles, lengths of arcs,
points of tangent and deflection and angles of all corners.
H.
Street center lines with accurate dimensions in feet and hundredths
of feet, with bearings of such street center lines.
I.
Location of all permanent existing and proposed monuments and lot
markers.
J.
Accurate dimensions of existing public land, and of any property
to be dedicated or reserved for public, semipublic or community use,
and all areas to which title is reserved by owner.
K.
Easements of utilities and any limitations on such easements.
L.
Widths of all rights-of-ways, streets and easements.
M.
Building setback lines, front, side and rear, not less than the minimum
as fixed by the applicable zoning ordinance, or by these regulations,
or by public authority or by deed restrictions, whichever is greater.
N.
Names of owners of unplotted adjacent property and names of adjacent
lot plans or development plans depicting the zoning classification
of each adjacent property or properties.
O.
The Planning Commission may require the submission of the following
maps at the same scale as the final plan:
(1)
Map showing the sewage disposal.
(2)
Map showing the water supply system.
(3)
Map showing the location of gaslines, electric distribution lines,
telephone lines and streetlights.
(4)
Map showing the design and development of recreation facilities.
(5)
Map showing the location and design of group parking areas.
(6)
Map showing the location of street trees, plantings, ground cover
or ground surface treatment to be undertaken by the developer.
(7)
Map showing the grading and storm drainage plan.
(8)
Map showing edge of the one-hundred-year floodplain, as designated
by maps prepared by the Federal Emergency Management Agency (FEMA).
Before final approval can be granted to the developer, he shall
present to the Clinton Township Planning Commission the following
documents:
A.
Letter from the public provider of sewage disposal stating it can
serve the development; or if on-lot sewage disposal is to be utilized,
the developer shall submit soil percolation tests certified by the
Municipal Sewage Enforcement Officer or by the Pennsylvania Department
of Environmental Protection, conducted in accordance with the provisions
of the Pennsylvania Sewage Facilities Act, Rules and Regulations.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
A review of the sedimentation and erosion control plan may be required
from either the Pennsylvania Department of Environmental Protection
or the Butler County Soil Conservation District.
C.
A copy of any covenants and/or rights of easement in the form in
which they will be filed as legal documents.
D.
Highway occupancy permits issued by either PennDOT, if access is
to a state-maintained road, or the Township, if access is to a Township
road. This is to assure that there is a location for a "clear sight
triangle" and that the terrain does not create a hazardous condition
by location of the driveway. The location may be moved by the lot
owner with the permission of the proper authority prior to applying
for a building permit.
E.
If water is to be provided by means other than by private wells owned
and maintained by individual owners of lots within the plan, the applicant
shall present evidence to the Board of Supervisors that the plan is
to be supplied by a certificated public utility, a bona fide cooperative
association of lot owners or by a municipal corporation, authority
or utility.
A.
Landowner's options. In lieu of completing all improvements within
his plan as required by the standards of this chapter prior to final
plan approval, the landowner shall provide for the deposit with the
Township of financial security in an amount sufficient to cover the
costs of such improvements and/or common amenities including but not
limited to streets, stormwater retention and drainage, recreational
facilities, open space improvements and buffer or screen plantings
which may be required by this chapter.
B.
Financial security. The financial security shall be posted with a
bonding company or chartered lending institution chosen by the party
posting the security and approved by the Township Solicitor. In lieu
of a bond, the party posting the security may provide, if agreeable
to the Board of Supervisors, an irrevocable letter of credit, or an
escrow account payable to the benefit of the Township. The security
shall provide for and secure to the public the completion of all improvements
contained in the final plan approval documents on or before the date
for completion agreed to by the landowner and Board of Supervisors.
The amount of financial security shall be equal to 110% of the cost
to complete, based on estimates provided by the developer's professional
engineer, and shall reflect values as of 90 days after the projected
completion date. If more than one year is required for completion,
the amount of the security may be increased by 10% for the second
and every year thereafter required by the landowner to install improvements
still not completed at the end of each year.
C.
Disagreements over amount of security. Even though the developer's
engineer shall certify that his cost estimate establishing the value
of the financial security is fair and reasonable, the Township, upon
recommendation of its professional engineer, may challenge the estimate
with one of its own. If the sides cannot agree on a compromise figure,
they shall jointly select a third professional engineer who shall
prepare an estimate of costs which shall be presumed fair and reasonable.
The third engineer's fees shall be paid jointly by the landowner or
developer and the Township.
D.
Partial release of security. As the work of installing improvements
proceeds, the party posting the security may request the Board of
Supervisors to approve release of portions of the financial security
in order to pay contractors employed on the work. Such requests shall
be in writing. The Board shall have 45 days from receipt of the request
to authorize the Township Engineer to certify in writing to the Board
that the work covered by the portion of the security to be released
has been completed in accordance with the approved plan, and that
the amount to be released fairly represents the value of the improvements
completed. Upon receiving the engineer's certification, the Board
shall authorize the bonding or lending institution to release the
requested amount. The Township Engineer may refuse to certify or certify
a lesser amount than requested based on his evaluation but shall report
these circumstances to the Board in writing. If the Board fails to
act and to inform the landowner within the forty-five-day period,
the requested release shall be deemed to be approved. The total of
all requested and approved partial releases from financial security
shall not exceed 90% of the value of the security.
E.
Public utility improvements. If waterlines or sanitary sewer lines
or any appurtenances thereto are to be installed for later dedication
to a public utility or municipal authority separate and distinct from
the Township, financial security shall be posted in accordance with
the regulations of the utility or authority and shall not be included
within the financial security for the other improvements.
F.
Conditional approval. In order to facilitate financing, the landowner
or developer may request the Board of Supervisors to provide a signed
copy of a resolution indicating approval of the final plan contingent
upon obtaining satisfactory financial security. The final plan shall
not be signed or recorded until the financial improvements agreement
is executed. The resolution shall expire in 90 days from the date
it is signed unless the Board grants a written extension.
G.
Effect of financial security on permits. The Township shall not refuse
or condition permits for buildings or site improvements, or refuse
occupancy permits for buildings because actual completion of improvements
covered by the financial security has not yet occurred.
H.
Maintenance bond. If the Board of Supervisors accepts dedication
of any or all of the bonded improvements upon completion, the Board
may require the posting of financial security to guarantee structural
integrity and functioning of the improvements for a period not to
exceed 18 months from the date of acceptance and for an amount not
to exceed 15% of the cost of installation.
A.
Completion of improvements. When the developer has completed all
of the secured improvements, he shall so notify the Board of Supervisors
in writing by certified mail, with a copy sent to the Township Engineer.
Within 10 days after receipt of the notice, the Board shall authorize
the Engineer to inspect the improvements and to file a report in writing
with the Board. At the same time he shall send a copy of the report
by certified mail to the developer within 30 days of receipt of his
authorization to proceed.
B.
Report and decision. The Township Engineer's report shall be detailed
and shall indicate approval or rejection of each improvement in whole
or in part. When an improvement of part thereof is rejected, the report
shall contain a statement of reasons for each rejection. The Board
of Supervisors shall review the Engineer's report and within 15 days
of receipt shall inform the developer by certified mail of its approval
or rejection. Failure of the Board or Engineer to comply with the
time limitations shall result in the improvements being deemed approved
and the developer shall be released from liability under the terms
of the financial security. If any or all improvements are rejected,
the developer shall rebuild or otherwise complete them and then shall
again notify the Board, following the procedures outlined above.
C.
Municipal reimbursement for expenses. The Board of Supervisors may
require the developer to reimburse the Township for the reasonable
and necessary costs for inspection of improvements. Such reimbursement
shall be based upon a schedule established by resolution of the Board
in accordance with the ordinary and customary fees charged by the
Engineer. If the developer disputes the fees when they are billed
to him, the Board and developer shall meet to resolve the issue. If,
within 20 days from the date of billing, an agreement cannot be reached,
the two parties shall jointly appoint an independent professional
engineer to review the expenses, and supporting evidence and documentation,
and to render a decision within 50 days of the billing date. The developer
shall pay the entire amount determined in the decision immediately.
If the decision is the same or higher than the original bill, the
developer shall pay the independent engineer for his review and report.
If the decision is less than the original bill by $1,000 or more,
the Township shall pay. Otherwise, the two parties shall split the
cost.
D.
Exercising the financial security. The Board of Supervisors shall
enforce the financial security if the developer refuses or is unable
to complete the bonded improvements within the agreed-upon time limitations.
If the financial security is insufficient to complete the work, the
Board may institute appropriate legal action to recover monies necessary
to finish the uncompleted improvements. All proceeds, whether from
exercising the financial security or from legal suits, or both, shall
be used only for the installation of improvements covered by the security
and for no other municipal purpose.
A.
Purpose.
(1)
To allow the Township to determine the safety and congestion impacts,
and related costs, of proposed major traffic-generating uses.
(2)
To require that applicants respond with reasonable proposals to resolve
the negative traffic impacts that their proposed uses will cause on
the public.
(3)
To recognize that sufficient federal, state, and Township funds are
not available to resolve traffic problems caused by private development.
(5)
To ensure that streets bordering a subdivision or land development
are coordinated and of such widths and grades and in such locations
as deemed necessary to accommodate prospective traffic and to facilitate
fire protection.
(6)
To ensure that the access into and out of subdivisions and land developments
is reasonably safe.
B.
Administration.
(1)
The Township may require a full or abbreviated traffic study as a
part of its review process for subdivisions and land developments
consistent with the standards of this article.
(2)
The full cost of the traffic study shall be borne by the applicant.
Any costs associated with professional review of the traffic study
by the Township's professional consultants shall also be borne by
the applicant. The applicant shall provide the appropriate escrow
to ensure the payment of the costs of such traffic study review.
(3)
Traffic impact studies shall be prepared by a qualified traffic engineer
and/or transportation planner with previous traffic study experience.
To be considered as qualified, the engineer or planner shall have
completed at least three comparable studies and shall make copies
of same, available to the Township. The Township reserves the right
to review and approve the qualifications of any proposed consultant.
(4)
The Township shall require such on-site traffic improvements to be
provided by the applicant, as the Township deems appropriate, in light
of the traffic impact study as a specific condition of preliminary
plan approval for all land developments and/or subdivisions for which
a study has been required. The study shall identify improvements/facilities
to be installed or actions to be undertaken by the applicant.
(5)
Joint traffic studies between different applicants are acceptable
and are strongly encouraged.
C.
Determination of the level of traffic study required. The Township,
with advice of its own professional consultants, shall make a determination
on the level of traffic study required, based upon two factors; the
location of the proposed development, and the projected traffic generation
of the proposed development.
(1)
Location factors. The Township has identified the following as stressed
roads and intersections in its Comprehensive Plan and subsequent studies:
(2)
As deemed necessary by changes in information gathering and new land
developments, the Township may remove or add new stressed roads and
intersections as necessary upon recommendation of the Planning Commission
and resolution by the Township Supervisors.
(3)
Determination of peak hour trips. As a general guide, the Township
shall utilize the second edition of Transportation and Land Development,
as published by the Institute of Transportation Engineers (ITE), and
adapted in the table below for reference. However, the Township may
utilize alternative information provided by the developer for more
specific land uses, if consistent with the ITE trip generation manual
and if consistent with the advice of its professional consultants.
|
Land Use
|
50 or More Peak Hour Trips
|
100 or More Peak Hour Trips
|
|---|---|---|
|
Single-family dwellings
|
45 dwelling units
|
90 dwelling units
|
|
Apartments
|
75 dwelling units
|
150 dwelling units
|
|
Townhouses or condominiums
|
90 dwelling units
|
180 dwelling units
|
|
Mobile home parks
|
90 dwelling units
|
180 dwelling units
|
|
Retail/shopping centers
|
3,000 square feet gross floor area
|
6,000 square feet gross floor area
|
|
Convenience store/gas stations
|
3 pumps
|
7 pumps
|
|
Banks with drive-in
|
1,000 square feet gross floor area
|
2,000 square feet gross floor area
|
|
Professional offices
|
33,500 square feet gross floor area
|
67,000 square feet gross floor area
|
|
Medical/dental offices
|
15,000 square feet gross floor area
|
30,000 square feet gross floor area
|
|
Research and development/corporate offices
|
35,500 square feet gross floor area
|
71,000 square feet gross floor area
|
|
Light industrial/warehousing distribution centers
|
49,000 square feet gross floor area
|
98,000 square feet gross floor area
|
|
Heavy industry
|
72,750 square feet gross floor area
|
145,500 square feet gross floor area
|
(4)
Traffic study level requirements. Based upon the location and trip
generation characteristics, the Township shall use the following table
as a guide for the level of traffic study required.
|
Trip Generation at Peak Hours
|
Location Directly Accessing a Stressed Road or Within 800 Feet
of a Stressed Intersection
|
Other Locations
|
|---|---|---|
|
At least 50 trips but less than 100 trips
|
Full study
|
Abbreviated study
|
|
More than 100 trips
|
Full study
|
Full study
|
(5)
The Township may still, at its discretion, require any other subdivision
or land development application to be accompanied by an abbreviated
traffic impact study. In such circumstances, the Township will notify
the applicant within 10 days following the Planning Commission's first
meeting with the applicant. Such a notification shall specify the
reason for the requirement, citing the proposal's particular location
or existing problems or type of use (i.e., generation of heavy truck
traffic).
D.
Abbreviated study requirements.
(1)
The following abbreviated traffic impact study shall be required
as part of the preliminary plan submission. Development of a project
in stages, or on a phased basis, will not avoid this requirement.
The trips expected to be produced by the ultimate build out of the
development will be the basis for such a study. However, even if a
development generates less than the required peak hour trips, it is
not totally excluded from the adequacy requirements of these guidelines
unless site traffic generation is anticipated to be de minimis (less
than five peak hour trips).
(2)
A written, abbreviated traffic study, where appropriate, and a traffic
calming and access management analysis shall be submitted at the time
of the preliminary plan application and shall include:
(a)
Projected peak a.m., p.m., and/or Saturday traffic volumes of
the development.
(b)
Projected ADT (average daily trips) of the development.
(c)
Current ADT and peak hour volumes of streets adjacent to any
access drives.
(d)
LOS (level of service) of existing and proposed access drives.
(e)
Modal split of services (categories of vehicles) entering the
site.
(f)
Proposed sight distances at access drives.
(g)
Existing and proposed pedestrian paths from streets and within
the site to entrances of all buildings.
(h)
The study shall identify improvements/facilities to be installed
or actions to be undertaken by the applicant to ensure the following:
[1]
LOS C or higher overall for all new access drives.
[2]
No reduction in the levels of service for existing access drives,
except that LOS D shall be permitted during the a.m. and p.m. peak
hour. If an applicant cannot meet this requirement, an analysis shall
be completed to show that all reasonable options have been considered
to create the most efficient access possible.
[3]
Sight distances for all access drives intersecting with all
streets shall meet Township and/or PennDOT requirements, as applicable.
E.
Full traffic impact study.
(1)
A written, full traffic study, and, where appropriate, traffic calming
and access management measures shall be submitted at the time of preliminary
plan application. The study area shall include all public streets
and intersections within a radius of 1,600 feet of an access drive
to the site, unless the Township's consulting traffic engineer determines
that another study area shall be more appropriate. The full traffic
study shall include, at a minimum, the following:
(a)
Current ADT and peak hour volumes of all streets.
(b)
Current LOS of all intersections.
(c)
Projected ADT and peak hour volumes of all streets without the
development.
(d)
Projected LOS of all intersections without the development.
(e)
Site traffic generation, including projected ADT and peak hour
volumes of the development. Development of a project in stages, or
on a piecemeal basis, must create a realistic assumption expected
to be produced by the ultimate build out of the development.
(f)
Site traffic distribution.
(g)
Site traffic assignment.
(h)
Projected ADT and peak hour volumes of all streets and intersections
within the development.
(i)
Projected LOS of all intersections within the development, including
all existing and proposed access drives.
(j)
An assessment of the change in roadway operating conditions
resulting from the development traffic.
(k)
Modal split of vehicles entering the site.
(l)
Proposed sight distances at access drives.
(m)
Existing and proposed pedestrian paths from streets and within
the site to entrances of all buildings.
(2)
The study shall identify improvements/facilities to be installed
or actions to be undertaken by the applicant to ensure the following:
(a)
LOS C or higher overall for all new access driveways.
(b)
No reduction in the levels of service for existing access driveways,
except that LOS D shall be permitted during the a.m. and p.m. peak
hour. If an applicant cannot meet this requirement, an analysis shall
be completed to show that all reasonable options have been considered
to create the most efficient access possible.
(c)
No reduction in the levels of service of intersections within
the study area as a result of the development; however, if the intersection
already has an LOS, no reduction in the intersection delay shall occur.
(d)
Sight distances for all access drives intersecting with all
rights-of-way shall meet Township and/or PennDOT requirements, as
applicable.
F.
Implementation. The Township shall review the traffic impact study
to analyze its adequacy in solving any traffic problems that will
occur due to the land development or subdivision. The Township's professional
consultants shall review the study and submit their review comments
to the Township. These review comments shall be part of the Township's
official review and approval process. The Supervisors may decide that
certain improvements contained on and/or adjacent to the site and
within the study area are necessary for land development or subdivision
plan approval and may attach these conditions to the approval. If
the municipality concludes that additional improvements are necessary,
the developer shall have the opportunity to resubmit alternative improvement
designs to obtain plan approval.
