AN ORDINANCE OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE CODE OF UPPER ALLEN TOWNSHIP, CHAPTER 220 (SUBDIVISION AND LAND DEVELOPMENT), SECTION 3, AUTHORITY AND JURISDICTION; SECTION 4, DEFINITIONS; WORD USAGE; SECTION 5, PREPARATION AND FILING OF A PLAN; SECTION 6, SKETCH PLANS AND DATA PROCEDURE; SECTION 9, PRELIMINARY PLANS; SECTION 10, FINAL PLANS; SECTION 15, STREETS AND ROADWAYS; SECTION 17, DRIVEWAYS AND ACCESS DRIVES; SECTION 26 LANDSCAPING, BUFFER YARDS AND SCREENING; AND SECTION 29 EMERGENCY ACCESS REQUIREMENTS. ORDINANCE BE IT ENACTED AND ORDAINED by the Board of Commissioners of Upper Allen Township, Cumberland County, Pennsylvania, and it is hereby enacted and ordained by authority of the same as follows: SECTION 1: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 3 (Authority and jurisdiction), shall be and is hereby amended to add the following subsection D.: D. The Planning Commission shall be vested with the authority to approve or disapprove Lot Add-on plans. SECTION 2: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 4 (Definitions; word usage), Subsection B., shall be and is hereby amended to add the following definition: Lot Add-on a subdivision plan, or lot consolidation plan, which proposes to alter the location of lot lines between existing lots to either increase a lot size or delete a lot line. Additional development involving the newly created lot shall be subject to the requirements of applicable Township ordinances. SECTION 3: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 4 (Definitions; word usage), Subsection B., shall be and is hereby amended to add the following definition to the term Street : (7) Loop road a local street of limited length which is intended to serve as direct or indirect access to residential lots, which begins and terminates in the same street or highway, but not necessarily at the same location. SECTION 4: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 5 (Preparation and filing of plan), Subsection A., shall be and is hereby amended to read as follows: 1
(1) A Lot Add-on subdivision plan that does not create any additional lots may receive Township Planning Commission approval. The Planning Commission, upon approval or denial, shall give notice to the developer in accordance with the Pennsylvania Municipalities Planning Code. The Lot Add-on shall meet the following requirements: (a) The existing parcel of land may be added, in whole or in part, to another existing lot for the sole purpose of increasing the lot size provided that: [1] the parcel to be added shall be contiguous to the existing lot; and [2] the lot created shall be conveyed to the adjoining property owner and shall be considered an extension of that property owner s original lot; and [3] the plan shall not create a non-conforming lot; and [4] the plan shall not alter street alignments, drainage easements, or other rights-of-way. (b) The plan shall be prepared in accordance with applicable final requirements of this Chapter, except a Preliminary Plan need not be filed. (c) If a waiver or modification of the Subdivision and Land Development Ordinance has been requested, then review by the Board of Commissioners is mandatory. SECTION 5: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 6 (Sketch plans and data procedure), Subsection B. shall be and is hereby amended to read as follows: B. If the applicant desires to submit a sketch plan and for the project to appear on the Township Planning Commission agenda, it is required that a request for preapplication review include 12 copies of a sketch plan and one application form available from the Township for consideration of a subdivision and/or land development plan. The request shall be submitted to the Township by the first business day of the month in which the plan will be considered by the Township Planning Commission. The applicant shall be charged reasonable fees in accordance with Article VII for engineering-related services. SECTION 6: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 9 (Preliminary plans), Subsections A.(1)(b), A.(1)(c), and A.(1)(d) shall be and are hereby deleted in their entirety. Subsections A.(1) and A.(4), shall be and are hereby amended to read as follows: (1) Filing. Preliminary plan application is required for the following: (a) Subdivision or land development to be completed in more than one phase, whether proposed initially or cumulatively. (4) Application requirements. A preliminary plan application shall include the following: (a) A minimum of 15 copies of the preliminary plan and three copies of all reports, notifications and certifications which are specified in 220-11. Additional copies of the preliminary plan and reports may be required by the Township. SECTION 7: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 9 (Preliminary plans), Subsection C.(1), shall be and is hereby amended to read as follows: 2
(1) The preliminary plan shall be submitted with an application for consideration of a subdivision and land development plan, and an electronic copy of the plan and all subsequent amendments. SECTION 8: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 10 (Final plans), Subsections A.(2), A.(5), A.(6), A.(11), A.(12), and A.(14) shall be and are hereby amended to read as follows: A. Application and review procedure. (2) Final plan details shall include all applicable information in accordance with 220-9. (5) Final Plan applications shall include the following: (a) A minimum of 15 copies of the final plan and three copies of all reports, notifications and certifications which are specified in 220-11. Additional copies of the final plan and reports may be required by the Township. (d) Electronic copy of the plan, and all subsequent amendments. (6) Proper Completion. The designated Township representative shall first determine that the final plan application is complete in accordance with 220-10.A(5). This determination does not constitute approval or disapproval of the final plan but is provided to assure the submission of sufficient data for the Planning Commission to make a formal action on Lot Add-on plans, and for the Board of Commissioners to make a formal action on all other final plans. If the application is found to be incomplete, the applicant shall be notified in writing that the submitted data does not constitute a formal filing of the final plan and specify the deficiencies. (11) The Board of Commissioners shall determine whether final plans, with the exception of Lot Add-on plans unless otherwise determined by the Planning Commission, shall be approved or disapproved and shall give notice to the developer in accordance with the Pennsylvania Municipalities Planning Code. (12) The Board of Commissioners in its final approval of a plan may condition such approval on the developer entering into a development agreement with the Township detailing the plan elements, specifications and improvements agreed upon. Such agreement shall be prepared by the Township and shall be duly executed and acknowledged by the developer and the Township and shall be binding upon the developer and upon the developer s heirs or successors and assigns. The failure or refusal of the developer to sign the development agreement within 10 calendar days of its presentation for signature shall result in a deemed denial of the plan. (14) Upon approval of the final plan, the developer shall provide the Township with a.dwg file that includes one drawing of all the lots on the plan. The data should only include the recorded information, to include parcel and tract boundaries, lot lines, building footprints, edge of pavement, street rights-of-way, and with spatial projection. A digital copy of the final plan in PDF format shall also be submitted. 3
SECTION 9: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 15 (Streets and roadways), Subsection B, shall be and is amended to read as follows: (16) A loop street shall not exceed an average daily traffic volume (ADT) of 300 trips per day. SECTION 10: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 17 (Driveways and access drives), Subsections A(3) and B(3), shall be and are amended to read as follows: A. Driveways. (3) Driveways on either side of a street shall not connect with a public street within 50 feet of the center line of any intersecting streets nor within 300 feet of the center line of a signalized intersection. Driveways shall not be constructed within five feet of a fire hydrant. B. Access drives. (3) All access drive intersections shall be: (b) Setback 50 feet from the center line of any intersecting streets and 300 feet from the center line of a signalized intersection. SECTION 11: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 26 (Landscaping, buffer yards and screening), Subsection B(1)(b),shall be and are amended to read as follows: (b) Landscaping shall be a combination of shade trees, ornamental trees, evergreen trees, deciduous shrubs, evergreen shrubs and ground covers. The following buffer yard plantings shall be of the minimum planting height: [a] Evergreen trees, including arborvitae trees or shrubs: minimum five-foot planting height. [b] Deciduous trees: minimum two-inch caliper and six-foot planting height. [c] Evergreen or deciduous shrubs: minimum eighteen-inch planting height, reaching a minimum of 30 inches within two years. All shrubs must have a minimum spread of 12 to 15 inches when planted. [d] Minimum planting width: 10 feet. SECTION 12: The Code of Upper Allen Township, Chapter 220 (Subdivision and Land Development), Section 29 (Emergency access requirements), shall be renamed to Access requirements, and Subsections B and D, shall be and are amended to read as follows: 220-29. Access requirements. B. Access shall be provided through the location of two or more public or private streets, each of which intersects with an existing public street. Such public or private streets shall meet all the requirements of this chapter concerning design and construction. D. Emergency access drives may be provided in addition to the provisions herein provided that: (1) The emergency access shall be improved with a stabilized surface so that emergency vehicles may safely traverse it and shall be indicated on the plans. 4
(2) The emergency access shall be acceptable to the providers of emergency services within the Township and approved by the Township. Applicants proposing to provide emergency access shall submit evidence of such approval. (3) The emergency access may be located so that access to the subdivision or land development is gained from a public street. (4) The emergency access may be located so that access is gained from a private street or private drive. Applicants with plans indicating emergency access through an adjoining private street or drive shall provide evidence that the adjoining property owner has consented to said emergency access location and that the applicant has entered into an easement agreement with the adjoining property owner. SECTION 13: All other ordinances and parts of ordinances inconsistent herewith are hereby repealed. SECTION 14: The provisions of this Ordinance are severable and if any of its sections, clauses or sentences shall be held illegal, invalid or unconstitutional, such provision shall not affect or impair any other remaining sections, clauses or sentences of the same. SECTION 15: This Ordinance shall take effect and be in force immediately upon enactment. ENACTED AND ORDAINED, into an Ordinance this day of, 2015, by the Board of Commissioners of Upper Allen Township. ENACTED AND ORDAINED this day of, 2015. ATTEST: UPPER ALLEN TOWNSHIP (Assistant) Secretary By: Kenneth M. Martin, President Board of Commissioners 5