Ferguson Township Centre County
City Zoning Code
City Zoning Code
PART 9
ADMINISTRATION AND ENFORCEMENT
§ 27-901 General Provisions.
[Ord. No. 1049, 11/18/2019]
1.
For the administration and enforcement of this chapter, the Board of Supervisors shall appoint a Zoning Administrator, who may not hold any elective office in the Township. The Zoning Administrator shall administer and enforce this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
A.
Duties of the Zoning Administrator. The duties of the Zoning Administrator shall be as follows:
(1)
To examine, record and file all applications for zoning permits, with any accompanying plans and documents, and to issue such permits only for lots, uses and structures which are in conformity with the provisions of this chapter.
(2)
To initiate enforcement proceedings.
(3)
To receive all fees to the Township as required by this chapter and to post a schedule of fees in the Township Municipal Building.
(4)
To receive complaints and notify persons of violations of provisions of this chapter.
(5)
To conduct inspections of property for which zoning permits have been issued to ascertain if the construction or use is in conformity with the provisions of the permit.
(6)
Upon request of the Board of Supervisors, Planning Commission or Zoning Hearing Board, to present to such body facts, records and any similar information required to assist such body in its deliberations.
(7)
To be responsible for keeping current copies of this chapter and the Official Zoning Map for distribution to the public.
(8)
To perform other duties in the administration and enforcement of this chapter as may be directed by the Board of Supervisors.
B.
Fees. The Board of Supervisors shall establish a schedule of fees and a collection procedure for all permits, applications and appeals.
(1)
The schedule of fees shall be available in the Township Municipal Building.
(2)
All such fees shall be payable to Ferguson Township at the Township Municipal Building.
(3)
No request for a zoning permit or certificate of nonconformity and no appeal or application to the Zoning Administrator, Zoning Hearing Board or Board of Supervisors shall be considered complete, nor shall it be filed or docketed, until all fees have been paid in full.
§ 27-902 Zoning Permits.
[Ord. No. 1049, 11/18/2019]
1.
A zoning permit shall be required prior to the erection, extension or alteration of any structure or portion thereof and prior to the use by a new landowner/tenant or change in the use of a structure or parcel of land. A zoning permit shall not be required prior to a change in residential ownership nor prior to a change in residential tenants.
2.
Prior to the issuance of any zoning permit, the Zoning Administrator shall review the permit application to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended[1]); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended[2]); the Pennsylvania Clean Streams Act (Act 1937-394, as amended[3]); and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No zoning permit shall be issued until this determination has been made.
A.
No such zoning permit shall be required for normal maintenance activities and minor repairs which do not constitute an erection, extension or alteration as herein defined.
B.
In the Rural Agricultural Zoning District, a zoning permit shall be required for all agricultural uses and/or structures as follows:
(1)
A fee zoning permit is required for all principal and accessory uses and/or structures unless outlined below.
(2)
A fee zoning permit is required for residential structures, including houses, trailers, etc., and nonagricultural structures for principal uses including churches, other places of worship/assembly, parish houses or convents.
(3)
A nonfee zoning permit is required for other nonresidential primary farm use structures, barns, or other agriculture-related structures not requiring a land development plan.
(4)
A zoning permit shall not be required for structures accessory to nonresidential, agricultural principal uses including, but not limited to, corn cribs, lean-tos, calf booths, silos and similar storage structures.
3.
Application for Zoning Permits. To apply for a zoning permit, the applicant shall submit an application for a zoning permit to the Zoning Administrator along with all required fees. When required by this chapter, land development plans and other information shall accompany the application. When a land development plan is not required, the application for zoning permit shall show the manner by which § 27-709 and § 27-902 in this chapter will be complied with.
4.
Review of the Application. Except when a land development plan is required, in which case a land development plan shall be submitted in accordance with Chapter 22, all applications for zoning permits shall be granted or denied by the Zoning Administrator within 30 days from the date of receipt of the application and fees for such. The Zoning Administrator shall notify the applicant, in writing, of all action taken on the application for a zoning permit within said thirty-day period. If the application is denied, such notification shall specify the provisions of this Part 9 with which such application does not comply. If, for any reason, the Zoning Administrator fails to notify the applicant of all action taken in the manner and time limit set forth above, such application shall be considered approved as submitted.
5.
When a land development plan is required, the following provisions shall apply:
A.
The land development plan shall be prepared in accordance with Chapter 22, the Township's Subdivision and Land Development Ordinance, and submitted 28 days or more prior to the Planning Commission meeting at which it shall first be considered.
B.
Approval or disapproval is required by the Board of Supervisors within 90 days following the date of the regular meeting of the Planning Commission at which the land development plan may be first considered, provided that should said Planning Commission meeting occur more than 30 days following the filing of the application and following a desk check for completeness, then approval or disapproval shall be within 120 days from the filing of the application.
6.
No zoning permit for erection, extension or alteration of any structure or portion thereof shall be valid for more than two years from the date of issue unless work at the site is commenced within such period. No zoning permit for use of building or land shall be valid for more than two years from the date of issue unless such use is established within the two-year period; provided, however, that where such use is dependent upon the erection, extension or alteration of a structure, the zoning permit shall continue in force if erection, extension or alteration is started within the two-year period and completed in an expeditious manner. Any erection, extension or alteration shall be completed within two years of commencement.
§ 27-903 Rezoning.
[Ord. No. 1049, 11/18/2019]
1.
Purpose of Rezoning.
A.
The purpose of rezoning is to protect the safety, capacity and efficiency of Ferguson Township's existing infrastructure systems; to maintain fiscal responsibility; and to uphold the objectives of the Centre Region Comprehensive Plan.
B.
Rezoning requests shall be evaluated on the basis of the projected benefits and/or detrimental effects to Ferguson Township as a whole.
3.
Review of Rezoning Applications.
A.
The applicant shall meet with the Planning and Zoning Department staff and Planning Commission for a pre-rezoning review. The purpose of said review shall be to discuss the general intent of the proposed rezoning and outline the necessary components of the rezoning application.
B.
The Director of Planning and Zoning shall review the rezoning application in compliance with the following procedural guidelines:
(1)
Upon receipt of a rezoning application, the Director of Planning and Zoning will perform a desk check review of the package to determine the completeness of the application.
(2)
The Director of Planning and Zoning will provide the applicant a letter within seven business days stating that the application has been submitted with all required information attached.
(3)
If the Director of Planning and Zoning finds the application to be incomplete or insufficient, the rezoning application will be returned to the applicant.
(4)
Finding and Facts Report. When the rezoning application is found to be complete, the Director of Planning and Zoning, Township staff or its designee shall prepare an evaluation assessment identifying concurrencies and/or differences and summarize this assessment in a report. This report shall identify the impacts and potential manners in which the resolution of issues could be addressed. The completed application package and report shall be forwarded to the Planning Commission for review.
C.
As part of the rezoning approval process, the Planning Commission and Board of Supervisors shall consider the motivation and implications of each plan, analysis and report.
D.
Ferguson Township shall review the application in compliance with the following procedural guidelines:
(1)
If the rezoning proposal is found to be generally consistent with the Township's element of the Centre Region Comprehensive Plan and the community development objectives of this chapter, the Planning Commission shall consider the findings reported as part of the applicant's impact analysis to determine any projected beneficial and/or detrimental effects on Ferguson Township. The Planning Commission may host a hearing on the application if they deem it applicable.
(2)
The rezoning proposal shall be reviewed through the context of the Center Region Planning Agency's rezoning guidelines to ensure that the rezoning conforms to the requirements.
(3)
Based on these analyses, the Planning Commission shall submit a written recommendation either in favor or not in favor of the rezoning proposal including a specific statement as to whether or not the proposed rezoning is in accordance with the objectives of the Centre Region Comprehensive Plan.
E.
The final recommendation of the Planning Commission shall be forwarded to the Board of Supervisors.
F.
Upon receipt of the Planning Commission's final recommendations, the Board of Supervisors shall host a hearing on the application. The provisions within the Municipalities Planning Code as related to the procedures associated with a zoning map amendment shall apply. The Board of Supervisors shall compose a brief summary explanation of its decision and forward the decision and explanation to the applicant. The Board of Supervisors may deny the rezoning proposal and shall provide a brief summary explanation of the decision to the applicant.
G.
The Township shall make the decision for approval or denial of the requested rezoning within 150 days of receipt of a completed rezoning application, which includes the impact analysis. Approval cannot be based on a contingency or condition of resolving potential negative impacts. If no decision is made by the Township after this time period, then the application will be deemed approved.
H.
At any time, an applicant may request an extension of time or removal of an application from Township consideration.
I.
Upon approval of the rezoning proposal, the Planning and Zoning Department shall update the Ferguson Township Zoning Map accordingly.
4.
Application Criteria.
A.
Application Requirements. The plans and reports that a landowner and/or developer are to submit shall include:
(1)
Conceptual site development plan.
(2)
Topographic survey.
(3)
Site conditions report.
(4)
Existing zoning of surrounding parcels and closest adjacency of zoning district identical to request.
(5)
Classifications of existing roadways/streets adjacent to and within 300 feet of the perimeter of the proposed site.
(6)
The percentage of proposed dwelling units and any associated limitations that are specific to a particular segment of potential residential demographics/socioeconomics.
5.
Impact Analysis.
A.
As part of the rezoning application, the applicant shall prepare and submit an impact analysis to identify the benefits and detrimental effects of the proposed rezoning application.
B.
Impact Analysis Requirements. The following outlines the information that is required as part of the rezoning application. Information shall be presented as a comparison of the impacts that are created by the existing zoning district and the proposed rezoning classification. In all instances, the land use permitted in the proposed zoning classification that creates the greatest impact shall be utilized in the comparison analysis. Required information includes:
(1)
Off-street parking requirements.
(2)
Density/floor area ratio.
(3)
Maximum building height.
(4)
Geotechnical/stormwater runoff analysis (associated with impervious surface).
(5)
Traffic (average daily trips and peak hour demand for both weekday and weekends based on conceptual site development plan).
(6)
Fiscal impact analysis projecting tax rate changes associated with the municipality, the county and the school district.
(7)
Student impact analysis projecting potential increase to school district population because of proposed rezoning.
(8)
Estimated infrastructure (sanitary sewer and potable water) demands (gallons per day).
(9)
Estimated impacts to safety services (police department services, fire department services) based on proposed infrastructure (roadways) expansion.
(10)
A summary of anticipated impacts on adjoining lots, including but not limited to noise, vibration, nighttime lighting, service area locations and visibility, hours of operation.
(11)
Depending upon the location of lot access, infrastructure service/demands and impacts identified on adjoining lots, the Board of Supervisors may require a landowner and/or developer to prepare other potential related studies.
(12)
Within the impact analysis, the application shall identify impacts that need mitigation but does not need to propose remedy/resolution for identified impacts.
6.
Additional Information. The Planning Commission and the Board of Supervisors reserve the right to request additional information as part of the rezoning review and approval process in order to evaluate the applicability of the rezoning.
§ 27-904 Traditional Town Development Plan Process and Procedure.
[Ord. No. 1049, 11/18/2019]
1.
Eligibility. The site must be zoned TTD, be located within the Regional Growth Boundary and within a planned public service area. Public sewer and water must not only serve the site, but sufficient capacity must also be available.
A.
The site proposed for development shall be under single ownership and shall be developed according to a single master plan that depicts build-out of the site with common authority and responsibility.
3.
Initial Conference. A traditional town development or mixed residential area involves the creation of a coordinated and comprehensive plan for a site as well as its integration with surrounding development. To ensure that each submission addresses site development from this perspective, an applicant shall meet with Township Planning and Zoning Department staff for an initial conference prior to final preparation and/or submission of a general master plan for approval. At the initial conference, the applicant should be prepared to present, at a minimum, plans which represent the required evaluation of open space, the design for transportation, and utilities for the specific site as required by § 27-303, Subsection 3A, B, and C, of this Part 9. In addition, the applicant shall prepare a narrative which details the design pattern and/or innovative design concepts proposed; an explanation of how this approach will preserve natural features and existing amenities of the site as well as protecting scenic vistas; the structure or organization anticipated to be necessary to maintain public areas and/or common open space; and the expected development schedule for the project including any phasing associated with the build-out of the plan. Other issues for discussion at this stage of the review may include the design proposal's ability to satisfactorily address specific elements of the TTD criteria related to pedestrian generation and streetscape design; community building and the development of community focal points and destinations; the consideration of the environmental context of the site and the resultant design provisions; and the ability of the applicant to comprehend and ultimately implement the TTD concepts as envisioned by the Township and enumerated by the ordinance standards and associated design manual (see Chapter 22). Such plans, although in a sketch plan format, shall not be binding on either the applicant or the Township at this stage. However, consensus on the proposal's ability to meet the Township's goals must be reached with staff prior to the project moving forward. As a result, such conference should take place as early as possible in the process to eliminate unnecessary expenditures for design and engineering. A list of possible questions to which each applicant should be prepared to respond is included in Appendix L.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
4.
General Master Plan. The next step of the approval process involves the preparation and submission of a general master plan. Preparation of the plan shall be in accordance with the requirements as outlined in Subsection 8 and shall be commensurate with the preliminary plan as provided for in Article V of the MPC.[2]
A.
The general master plan shall include all adjacent land owned, equitably owned, or otherwise controlled by the applicant within this zoning district. If the land extends into an adjacent municipality or district, then it is requested that the general master plan also include such areas so as to plan for coordinated transportation, infrastructure and open space systems. If a TTD exists, is or could be proposed, or has been approved on an adjacent tract, then the applicant's general master plan shall be coordinated with the development of such adjacent land.
B.
Approval Process. See Approval Process Diagram.
C.
Plan Requirements. A general master plan shall be deemed to have been submitted for review and approval when the applicant has furnished to the Township Department of Planning and Zoning a package consisting of all of the following documents:
(1)
A completed application for subdivision or land development plus payment of all application and escrow fees.
(2)
Written notice of acceptance of the design proposal by staff as a result of the required initial conference.
(3)
Five black (or blue) on white prints of the general master plan and 10 reduced 11 inches by 17 inches copies of all plan sheets prepared in conformance with all provisions of this Part 9 and the associated design guidelines.
(a)
Such plan shall be drawn at a legible scale and shall include a key map showing the location of the site in relation to adjacent properties and the larger neighborhood, adjacent zoning, and road system connections with existing and proposed roads within 1,000 feet.
(b)
All dimensions of the site shall be in feet and decimals; bearings shall be in degrees, minutes, and seconds. Lot line descriptions shall read in a clockwise direction. The survey of the site shall not have an error of closure greater than one foot in 10,000 feet.
(c)
This plan shall be legible in every detail and shall identify the proposed project name, the name and address of the owner of the tract, the developer/subdivider, and the firm that prepared the plan, as well as the plan date and the date of all plan revisions.
(d)
The plan shall show the entire existing tract boundary with bearings and distances and identify the total acreage of the entire existing tract, the district, lot size and/or density requirements of the applicable zoning regulations, and the location of existing lot line markers along the perimeter of the entire existing tract as well as the general location of all existing man-made features including any historic structures, utilities, adjacent land uses, adjacent roadways, and other existing public infrastructure such as sewer and water mains, fire hydrants and stormwater management facilities.
(e)
The presence of existing natural features including, but not limited to, soil types, unique vegetation, all tree masses and trees in excess of four inches in caliper, rock outcroppings, closed depressions, sinkholes, watercourses, floodplains, steep slopes, archaeological sites, burial sites, wetlands, solid waste disposal areas and topography of the site shall be included on the plan. In addition, any proposed disturbance, encroachment, or alteration to such features shall be indicated.
(f)
The proposed general lot layout shall be shown on the plan including the location of the various types of land uses and approximate location of lot lines; building setback measurements; the approximate location, use, height and bulk of buildings; the proposed units of occupancy and resultant density calculation; the approximate location and size of recreational areas, parks, schools, and other facilities which are intended for public use; the approximate floor space and general configuration of nonresidential uses and the provisions for access and parking.
(g)
The general layout of streets, alleys, and sidewalks, including cartway and right-of-way widths shall be identified by the plan. A typical street cross section and a street center line profile shall be provided for each type of street and proposed street names shall be identified.
(h)
A professional land surveyor certification as to the accuracy of the plan information shall be provided.
(4)
In addition, the following material shall be submitted:
(a)
Two copies of a conceptual landscaping plan identifying the type of materials and general design concepts for the treatment of both public and common open space. The design and provision of appropriate landscaping is integral to the value and function of the open space provided. Therefore, the required landscape plan shall be prepared by a registered landscape architect and, although a detail of the quantity, and size of proposed vegetation is not required at this stage, the plan must identify the location and amount of existing vegetation within the site that will be retained as well as where landscaping will be used to enhance the development. The plan shall address all portions of the proposed open space, as well as those public areas that will be designed as part of the overall development plan. In addition, areas required to be landscaped by other sections of this Part 9 (such as parking areas, dumpster locations, etc.), proposed street plantings, and the type of street trees to be provided throughout the development shall be included. Standards associated with such auxiliary plantings are found in § 27-707.
(b)
All trees and shrubs shall be planted in accordance with the Ferguson Township Regulations and Standards for Arbor Work and all landscape material shall meet or exceed the provisions of § 27-707, Subsection 7A through F.
(c)
Two copies of a public utility plan identifying connections to and extensions of public sanitary sewer and public water as well as stormwater management controls and all associated easements. Documentation shall be provided to support the feasibility of the proposal for water supply, control of stormwater, erosion and sedimentation control, and for the sanitary sewage treatment, including sewer authority and public water authority ability and capacity to serve the development in its entirety.
(d)
The location of all other existing and proposed utilities shall be addressed, and the information submitted shall specifically identify which improvements are intended to be dedicated to and maintained by the Township, and which are to be owned and maintained by a property owner's association. Additionally, any easements or restrictive covenants associated with such infrastructure shall be identified.
(e)
Two copies of a general grading and sedimentation and erosion control plan.
(f)
Two copies of an open space plan that, in addition to identifying the project's conformance with the open space requirements and any associated design incentives, highlights the anticipated location of transit amenities, bicycle paths, and sidewalks within the site, as well as adjacent bikeways, sidewalks, parkland and open space.
(g)
Two copies of a traffic impact study as per the adopted Township standards.
(h)
Two copies of a phasing plan indicating:
1)
The phases in which the project will be built, including dates when the specific implementation plan for each phase of development will be submitted and an indication of the number and type of units to be developed in each phase. This phasing plan must be updated on a yearly basis in accordance with Section 508(4)(v) of the Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10508(4)(v).
2)
A timetable for construction of the project including when the first phase of construction is anticipated to begin and sufficient information to ensure the coordinated installation of infrastructure on the site.
3)
The area, type, and location of public space, and open space to be provided with each phase.
4)
The phasing plan shall ensure the coordinated installation of all public infrastructure as well as the timely construction of required street connections and any other traffic mitigation installations as may be required. In addition, the Township reserves the authority to approve the number, size, and timing of all phases of the project, as well as the composition of each phase. In general, any nonresidential portions of the site shall be contained within the first phase of development.
(i)
Two copies of a lighting plan that generally identifies the type and location of lighting standards proposed within the public right-of-way. A detail of the proposed lighting fixture(s) need not be included at this stage. However, to the degree that they are related to the community context, a general depiction shall be provided. Associated levels of illumination as well as the final placement of fixtures within public space or private property shall not be required until the specific implementation plan is filed.
(j)
Two copies of any architectural standards or pattern books that are intended to guide development within the site as per the provisions found in the design manual. This material shall provide an explanation of the character of the development and a discussion of the criteria used in site planning including the preservation of natural features and scenic vistas, the consideration of and coordination with adjacent land uses, the inclusion of community facilities, and a description of the networks developed for open space, transportation, and utilities/infrastructure.
(k)
Two copies of the draft text of all covenants, grants, easements, or other restrictions intended to be imposed upon the use of the land, buildings or structures, including proposed easements or grants for public utilities.
(l)
Two copies of the draft text of all agreements, declaration of easement(s) or other legally binding documentation which specifies the form of organization proposed to own and maintain the stormwater management facilities and any associated infrastructure or improvements. With regard to maintenance of these facilities, they must be maintained by a private entity (e.g., homeowners' association or individual(s) that own the land) in accordance with the terms of an agreement, declaration of easements or other legally binding and recorded documentation approved in form by the Township's Solicitor. The agreement, declaration of easement(s) or other legally binding documentation shall provide that the Township shall have the right to:
1)
Inspect the facilities at any time.
2)
Require the private entity to take corrective measures and assign the private entity reasonable time periods for necessary action, authorize maintenance to be done, and lien all costs of the work against the properties of the members of the private entity responsible for maintenance. Upon review, the Township may require the agreement to contain provisions requiring the posting and/or periodic payment of escrow funds by the private entity to guarantee proper maintenance of the facilities. All of these documents may be in draft form at this juncture.
(m)
Two copies of the draft text of a written description of the disposition of ownership of the open space and public areas. This is an essential element of the retention of the open space network. Therefore, all ownership options must perpetually restrict future subdivision or land development through establishment of a permanent easement which becomes part of the property title. In addition, one or more of the ownership options listed below must be selected for all portions of the open space provided:
1)
The Township may, but shall not be required to, accept dedication in the form of fee simple ownership. All areas to be offered for dedication shall be so designated and shall be provided without compensation for public use, provided that:
2)
A property owner's association may be established to own and maintain the open space areas, as well as any infrastructure located therein. If this option is selected, a complete description of the organization to be established or designated to own and maintain the open space and, the methods by which this organization is to be established and maintained must be submitted. Documentation to this effect shall include:
a)
Articles of Incorporation and registry statement for the association, declaration of protective covenants describing the improvements and membership and voting rights in the association, property rights in the area under common ownership and covenants for maintenance assessments.
b)
Bylaws of the association, and proposed language to be included in the deeds of conveyance of lots in the development, requiring each lot owner to become a member of the association and be obligated to contribute towards the maintenance of the areas under common ownership through the association.
3)
In addition, prior to final approval of the general master plan, the developer shall provide an affidavit setting forth the obligation to:
a)
Create the corporation.
b)
Record the declaration of protective covenants prior to conveyance of the first lot.
c)
Include in the deed of each purchaser a requirement that the purchaser join the association and be obligated to contribute towards the maintenance of the common area improvements through the association.
4)
A third option is to transfer fee simple title to the open space, or any portion thereof, to a private, nonprofit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:
a)
The conveyance is made to a bona-fide conservation organization with a perpetual existence which is acceptable to the Township.
b)
Appropriate deed restrictions in favor of the Township are provided in language acceptable to the Township's Solicitor.
c)
The conveyance contains adequate provisions for proper retransfer or reverse in the event that the organization becomes unable to continue to carry out its assigned functions.
d)
A maintenance agreement, acceptable to the Township and its Solicitor, is entered into by the developer, the chosen organization, and the Township.
D.
Distribution and Review. Copies of this information shall be distributed to all appropriate agencies, including, but not limited to, the Board of Supervisors, Township Planning Commission members, the Centre Region Planning Agency, the Township Engineer, the Centre County Conservation District, CATA, and the PA DEP regional office.
(1)
The grant of approval of the general master plan shall be by official written communication and shall, in the case of a plan which proposes development over a period of years, include sufficient terms and conditions to protect the interests of the public and of the residents of the proposed development in the integrity of the general master plan.
[2]
Editor's Note: See 53 P.S. § 10501 et seq.
5.
Development Timetable. In the event that the general master plan is granted approval with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final plan approval, as signified by submission of a specific implementation plan, shall be filed or, in the case of a general master plan that provides for development over a period of years, the periods of time within which applications for final approval of each part/phase thereof shall be filed. Except upon consent of the Board of Supervisors, the time frame established for submission of all phases of the master plan shall not exceed the vesting protection established by Article V, Section 508(4)(v) to (vii), of the MPC.[4] Any extension of said time frame shall be established at the time of approval of the general master plan.
A.
Status After General Master Plan Approval. Approval of the general master plan shall not qualify a plat of the traditional town development or associated mixed residential area for recording, nor authorize development, the sale of lots, or the issuance of any building permits. A general master plan which has been given approval shall not be modified or revoked nor otherwise impaired by action of the Township pending the filing of an application or applications for a specific implementation plan without the consent of the landowner, provided that applications are filed within the periods of time specified above or, upon the extension of such time frame, in accordance with the official written communication granting approval of the general master plan.
B.
Revisions to the General Master Plan After Approval.
(1)
The Township may accept a specific implementation plan revised to reflect a change to the site or surroundings which occurs after approval of the general master plan. Any changes to the approved general master plan that are proposed prior to the submittal of the specific implementation plan shall be presented to the Board of Supervisors for consideration and determination as to whether or not the changes are substantial enough to require a modification to the approved general master plan. If the Board determines that a modified plan is not required, a specific implementation plan may be submitted to signify the request for final plan approval. If the Board of Supervisors determines that the general master plan must be modified, the process outlined in § 27-904, Subsection 4, above, shall be followed. Upon approval of the revised general master plan, the applicant shall provide the Township with at least two copies of the revised plan for their record.
[4]
Editor's Note: See 53 P.S. § 10508(4)(v) to (vii).
6.
Specific Implementation Plan Approval. An application for specific implementation plan approval may be for all of the land included in the general master plan or, for a specific phase as set forth and approved by the Board of Supervisors during its consideration of the general master plan. Application shall be made to the Board of Supervisors within the time or times specified by the phasing plan approved as part of the general master plan, but not until after any conditions established as part of the approval of the master plan have been satisfactorily addressed. In addition, a specific implementation plan may not be submitted for final Township review until after all improvements indicated on the general master plan have been installed or, in lieu of the completion of the improvements, subject to deposit with the Township of a corporate bond or other security acceptable to the Board of Supervisors in accordance with the Subdivision and Land Development Ordinance, § 22-304, Subsection 2.
A.
The application for specific implementation plan approval shall conform to the approved general master plan including all conditions and modifications attached thereto and shall include:
(1)
A completed application for subdivision or land development and payment of all application and escrow fees.
B.
Plans shall contain the information required for general master plan approval with the following exceptions and additions:
(1)
All locational information shall no longer be approximate but shall conform to the accuracy requirements and/or be field verified for precision. This shall include, but not be limited to, the following information: existing environmental or topographic features, existing and proposed easements and rights-of-way, existing sanitary sewer and water supply mains, fire hydrants, and stormwater management facilities which effect stormwater runoff on the subject tract(s).
C.
Additional plan information required includes the following:
(1)
Complete description of the center line and right-of-way line for all new streets. This description shall include distances and bearings with curve segments composed of radius, tangent, arc, and chord.
(2)
Proposed lot lines with accurate bearings and distances, and lot areas for all parcels. Curve segments shall be comprised of arc, chord, bearing and distance.
(3)
The location and configuration of proposed buildings, parking compounds, streets, driveways, landscaping and all other significant facilities.
(4)
Total number of lots, units of occupancy, density, and proposed land uses.
(5)
Building setback lines, with distances from the street right-of-way line.
(6)
Typical cross section for each proposed street. Each cross section shall include the entire right-of-way width.
(7)
Curb radii at intersections.
(8)
Curbs and gutters, location, cross section and typical design.
(9)
Vegetation, including street trees, to be planted between curb or shoulder and right-of-way line.
(10)
Sidewalks and shared use paths, including location, width, grades and ramps for handicapped.
(11)
Location of streetlights.
(12)
Proposed street address and address for each unit if applicable.
(13)
Location, size and material of sewer and water mains and laterals to each lot.
(14)
Final vertical and horizontal alignment for each proposed street, sanitary sewer, and water distribution system. All street profiles shall show at least the existing (natural) profile along the center line, proposed grade at the center line, and the length of all proposed vertical curves for streets. All water distribution and sanitary sewer systems shall provide manhole locations and size and type of material.
(15)
Source of title to the land included within the subject application as shown by the Centre County Recorder of Deeds, and a copy of said ownership documentation.
(16)
Final street names.
(18)
A grading plan that includes finished land contours and grades, directions of water movement, type of soils, location of water bars or silt fences and ground floor elevations. This information may be provided on separate sheets and is not subject to recording with the specific implementation plan.
(19)
Identification of any lands to be dedicated or reserved for public, semipublic, or community use.
(21)
Space for approval signatures by the Chairman and Secretary of the Planning Commission including date of such approval.
(22)
Space for approval signatures by the Chairman and Secretary of the Board of Supervisors including date of such approval.
(23)
The following certificate for execution by the Township Engineer:
I, ___, have reviewed and hereby certify that the plan meets all engineering design standards and criteria of the Ferguson Township Code of Ordinances. |
(a)
In the case of a plan which requires access to a highway under the jurisdiction of the Pennsylvania Department of Transportation, the inclusion of the following plan note:
A Highway Occupancy Permit is required pursuant to § 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the State Highway Law, before driveway access to a state highway is permitted. Access to the state highway shall only be as authorized by a highway occupancy permit, and the Township's approval of this plan in no way implies that such permit can be acquired. |
D.
In addition, the following material shall be submitted:
(1)
Two copies of a landscaping plan identifying the materials and design for the public and common open space. The required landscape plan shall be prepared by a registered landscape architect, and shall specify the quantity, type and size of proposed vegetation, as well as identifying the location and amount of existing vegetation within the site that will be retained. The plan shall include all portions of the proposed open space, as well as those public areas that will be designed as part of the overall development plan. In addition, areas required to be landscaped by other sections of this Part 9 (such as parking areas, dumpster locations, etc.), proposed street plantings, and the type and location of street trees to be provided shall be included. Standards associated with such auxiliary plantings are found in § 27-707. The landscaping plan submitted shall conform to the requirements of § 27-707, Subsection 4A, B, C and D.
(2)
All trees and shrubs shall be planted in accordance with the Ferguson Township Regulations and Standards for Arbor Work, and all landscape material shall meet or exceed the provisions of § 27-707, Subsection 7A through F.
(3)
Two copies of a public utility plan identifying connections to and extensions of public sanitary sewer and public water as well as stormwater management controls and all associated easements. Documentation shall be provided to support the proposal for water supply, control of stormwater, erosion and sedimentation control, and for the sanitary sewage treatment, including sewer authority and public water authority ability and capacity to serve the development in its entirety.
(4)
Two copies of a grading and sedimentation and erosion control plan with approval from the Centre County Conservation District.
(5)
Two copies of an open space plan that, in addition to identifying the project's conformance with the open space requirements and any associated design incentives, identifies the location of transit amenities, bicycle paths, and sidewalks within the site, as well as adjacent bikeways, sidewalks, parkland and open space.
(6)
Two copies of the approved traffic impact study, as per the adopted Township standards. The design of the proposed street network shall be in conformance with the study results.
(7)
Two copies of a lighting plan that identifies the type and location of lighting standards proposed within the public right-of-way. A detail of the proposed lighting fixture(s) shall be included. Associated levels of illumination as well as the final placement of fixtures within public space or private property shall be provided.
(8)
Two copies of the final version of all covenants, grants, easements, or other restrictions intended to be imposed upon the use of the land, buildings or structures, including proposed easements or grants for public utilities.
(a)
Two copies of the final version of all agreements, declaration of easement(s) or other legally binding documentation which specifies the form of organization proposed to own and maintain the stormwater management facilities and any associated infrastructure or improvements.
(b)
Two copies of the final documents describing the disposition of ownership of the open space and public areas.
E.
Upon receipt of the material listed above, the Township Department of Planning and Zoning shall forward one copy of the plan and associated information to the Township Solicitor; the Centre Regional and Centre County Planning Commissions; the Township Engineer; and the Alpha Fire Company Chief.
F.
The review of the specific implementation plan shall be conducted by the Board of Supervisors in the same manner as review of the general master plan prescribed by § 27-904, Subsection 4D.
G.
In the event that the specific implementation plan submitted contains variations from the approved general master plan, the Board of Supervisors may refuse to grant approval of the specific implementation plan and shall, within 45 days from the filing of the application for approval of the specific implementation plan, so advise the landowner, in writing, of said refusal, setting forth in said notice the reasons why one or more said variations are not in the public interest. Provisions for requesting approval of amendments to the approved general master plan are outlined by §§ 27-904, Subsection 8B.
H.
Conditions for Approval of the Specific Implementation Plan.
(1)
The Board of Supervisor's may grant approval of a specific implementation plan with or without conditions. If the Board of Supervisors desires to attach conditions to a plan, it shall include the conditions in the motion of acceptance. The conditions imposed by the Board of Supervisors shall be delivered in writing to the applicant, at the address given with the final plan, by first-class mail, postage prepaid, within seven days of the vote on the plan by the Board of Supervisors.
(2)
Such notice shall include a period of time, of not more than 10 days, within which the applicant may either accept all of the conditions imposed by the Board of Supervisors or reject any or all of the conditions. In the event that the applicant rejects any or all of the conditions or does not respond or notify the Board of Supervisors of the decision to accept or reject the conditions, then the conditions shall be deemed to be rejected by the applicant. In the event that any or all of the conditions are rejected by the applicant, then the approval of the plan by the Board of Supervisors shall be automatically rescinded.
(3)
The Board of Supervisors may render a decision disapproving the plan, which decision will be the decision of the Board of Supervisors if the applicant does not accept all of the conditions attached to the plan by the Board of Supervisors.
(a)
As a condition of approval of all plans filed, the applicant shall permit the Township Engineer to make periodic site inspections of such nature and extent as is necessary to insure that the required improvements are being installed and constructed in conformity with the design standards contained herein or otherwise specified in approval of the general master plan.
I.
Disapproval of the Specific Implementation Plan. The Board of Supervisors may render a decision disapproving the plan, which shall also constitute the decision of the Board of Supervisors if the applicant does not accept all of the conditions attached to the plan by the Board of Supervisors.
7.
Record Plan. Once the specific implementation plan has been given final approval, it shall be so certified without delay by the Board of Supervisors and shall be filed on record forthwith in the office of the Recorder of Deeds of Centre County, in accordance with the provisions of Sections 509 and 513 of the Pennsylvania Municipalities Planning Code,[6] together with any restrictive covenants and agreements or other provisions which govern the use and maintenance of the TTD and its common open space and infrastructure.
[6]
Editor's Note: See 53 P.S. §§ 10509 and 10513.
8.
Corporate Bonds and Maintenance Guarantee. Approval of the specific implementation plan may be subject to posting a performance bond covering up to 110% of the cost of developing common open spaces, planting plans, public improvements, and other improvements as deemed appropriate by the Board of Supervisors. Such financial security may include, among others, a lending institution letter of credit or a restrictive escrow account in a lending institution. Such bond, or other security, shall provide for, and secure to the public, the completion of any improvements which may be required within a stated period which shall not be longer than five years from the date the plan received general master plan approval. The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion of the improvements to be estimated as of 90 days following the date scheduled for completion. The basis for the determination of the costs shall take into account and be based upon the estimated costs as would be experienced by the Township if it were to bid and complete the project subject to the restrictions of the Home Rule Charter, any prevailing wage requirements or other material and labor requirements on the Township. Each year, the Board of Supervisors may adjust the amount of financial security required by comparing the actual costs of improvements which have been completed and the estimated costs for the completion of the remaining improvements as of the expiration of 90 days after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to such adjustment, the Board of Supervisors may require the applicant to post additional security in order to assure that the financial security equals 110%. Any additional securities shall be posted by the applicant in accordance with the Municipalities Planning Code and this Part 9. In determining the adjustment annually, the Board of Supervisors shall take into account the restrictions contained above. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements submitted by the applicant and prepared by a professional engineer licensed in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such cost.
A.
Upon final approval of the plan, if requested by the applicant and in order to facilitate financing, the Board of Supervisors shall furnish the applicant with a signed copy of a resolution indicating final approval of the plan contingent upon the applicant obtaining satisfactory financial security. The final plan shall not be signed nor recorded until the appropriate financial security is supplied to the Township. In such case, the motion passing the final approval of the plan shall be contingent upon receipt of satisfactory financial security within 90 days of the date of the motion (unless a written extension is granted by the Board of Supervisors). In the event that satisfactory financial security is not provided within the said 90 days or within the time granted by written extension by the Board of Supervisors, then the motion granting the contingent approval shall expire and shall be deemed to be revoked, and the contingency of the motion granting final approval of the plan shall be deemed to be not satisfied.
B.
Upon written application signed by the obligor and surety of a performance guarantee in a form approved by the Board of Supervisors, the governing body may at their discretion extend said period, provided that satisfactory security for the completion of the improvements within the extended time is provided or when the improvements have been partially completed reduce proportionally the amount of the bond or other form of security by formal resolution.
C.
In the event that any improvements which may have been required in accordance with the finally approved plan have not been installed, the Board of Supervisors may enforce any corporate bond or other security by appropriate legal and equitable remedies. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by the said security, the Board of Supervisors may install part of such improvements in all or part of the subdivision or land development or cause the same to be installed and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All the proceeds, whether resulting from the security or from any legal or equitable action brought against the applicant, or both, shall be used solely for the installation of the improvements covered by such security and not for any other municipal purpose.
D.
Release from the bond or other security shall be granted by the Board of Supervisors contingent upon review and report by the Township Engineer in accordance with procedures outlined above.
E.
Prior to final approval of a plan by the Township, the Board of Supervisors may require the applicant to deliver to the Township Secretary a maintenance guarantee in an amount of not less than 15% of the estimate of the cost of all required improvements, guaranteeing that the applicant shall maintain all such improvements in good condition for a period of one year after completion of construction and installation of all such improvements.
F.
A separate maintenance guarantee shall be provided by each applicant to ensure the health and vitality of all plant material within the site, whether part of the open space or associated public space, for a period of 18 months from planting. Any of the landscaping that dies or is removed within this time frame shall be replaced with vegetation of the same size and species. It shall also be the responsibility of each applicant to assure the proper care and maintenance of all plant material within the open space areas for the duration of these 18 months and until such time as appropriate provisions for the perpetual maintenance of the open space areas are provided in a manner described by this Part 9 and acceptable to the governing body.
9.
Payment of Review and Professional Consultant's Fees. Prior to final approval of a plan by the Board of Supervisors, the applicant shall pay all review fees, including fees for professional consultants and engineers for review and reports which were requested by the Township, either in the normal course of review or as a result of a problem or issue arising out of the normal review. The review fees and consultant's fees to be paid shall be based upon a schedule established by resolution by the Board of Supervisors.
10.
Use Regulations. All development within a traditional town development or associated mixed residential area shall proceed in accordance with the standards of § 27-303, Subsections 1, 2, and 3, and the associated design manual adopted as a part thereof. The amount and type of uses shall be as specifically prescribed by these standards.
§ 27-905 Occupancy Permits.
[Ord. No. 1049, 11/18/2019]
1.
Upon completion of the erection, extension or alteration of a structure or the establishment of the use for which a zoning permit was issued, the applicant shall request a final inspection. The structure for which the zoning permit was issued may not be occupied or otherwise used until a final inspection has been completed by the Zoning Administrator.
A.
Within seven days of request for final inspection, the Zoning Administrator shall inspect the premises to determine if the action taken complies with the regulations of this chapter.
[Amended by Ord. No. 1076, 3/15/2022]
B.
If the action fails to comply with the regulations of this chapter, the Zoning Administrator shall notify the applicant, in writing, of the reason for not signing the permit card or signing off on the project and shall state the provisions of this chapter with which the action does not comply. The applicant may correct the defects cited in the denial of the Zoning Administrator for final approval. If, upon notification by the applicant and inspection of the premises, the Zoning Administrator finds that the defects have been corrected and that no additional defects have been created, final approval shall be immediately permitted.
C.
Failure of the Zoning Administrator to properly grant or deny occupancy approval in the manner and time period stipulated above shall constitute an approval of the application for occupancy, and the premises may be occupied or otherwise used as stipulated in the zoning permit.
D.
Temporary Occupancy. Temporary occupancy may be granted in the manner prescribed above, pending the completion of a structure to allow for partial occupancy; issuance of said temporary occupancy shall be at the discretion of the Zoning Administrator. In the event that a temporary occupancy permit is issued, the applicant shall provide financial security (which may be an irrevocable letter of credit with a federal- or commonwealth-chartered lending institution, a restrictive escrow account in such lending institution, or a personal bond; the nature of which shall be at the discretion of the Zoning Administrator) in an amount sufficient to guarantee the completion of the improvements within the prescribed time period and in an amount as set by the Zoning Administrator. The permit shall be valid only until such time as the action for which the zoning permit was issued is complete, or for a period of six months after issuance, whichever is less. Upon expiration of the temporary occupancy permission, the applicant shall apply for permanent occupancy or, if the action remains incomplete, may apply for one additional temporary occupancy. If granted, temporary occupancy shall be for a period of time determined by the Zoning Administrator but shall be for no more than six months after issuance.
E.
Prior to occupancy of a building, other than a single- or two-family dwelling, an emergency contact card shall be completed for the Police Department.
§ 27-906 Violations and Penalties.
[Ord. No. 1049, 11/18/2019]
1.
Failure to comply with any provisions of this chapter shall be a violation of this chapter.
A.
Complaints Regarding Violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint to the Zoning Administrator stating fully the causes and basis thereof. The Zoning Administrator shall record such complaint, immediately investigate and take action thereon as provided by this chapter.
B.
Notice of Violation. If the Zoning Administrator shall find a violation, he shall initiate enforcement proceedings by sending an enforcement notice as provided herein:
(1)
The enforcement notice shall be sent to the owner of record of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
(2)
An enforcement notice shall state the following:
(a)
The name of the owner of record and any other person against whom the Township intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(d)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has a right to appeal to the Zoning Hearing Board within 30 days by filing a request for appeal, in writing, with the Zoning Hearing Board within the said thirty-day period.
C.
Failure to comply with the notice within the said 30 days, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions, which may be as much as $500 per day of each violation plus all court costs, including reasonable attorney fees the Township incurs as a result of prosecution of such violation.
D.
Civil Enforcement. The Zoning Administrator may institute civil enforcement proceedings as a means of enforcement if authorized by the Manager or the Board of Supervisors.
§ 27-907 Appeals.
§ 27-908 Amendments.
[Ord. No. 1049, 11/18/2019]
The regulations, restrictions and district boundaries set forth in this chapter may, from time to time, be amended through action of the Board of Supervisors in the manner provided by Sections 609 through 611 of Article VI of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609 through 10611.
§ 27-909 Source Water Protection Administration.
[Ord. No. 1049, 11/18/2019]
1.
The Zoning Administrator is hereby designated as the Township official responsible for the administration and enforcement of this chapter. The Ferguson Township Zoning Hearing Board shall hear variances and/or appeals from the written determinations and orders of the Zoning Administrator regarding applications, enforcement notices, cease and desist orders, and other matters, and shall also hear substantive and procedural challenges to the validity of this chapter.
2.
Uses of lots or tracts of land in existence on the date of enactment of this chapter which are regulated land uses and activities described in Table 27-405, Subsection 7B, shall be deemed to be nonconforming uses of land under the terms of this chapter. Such nonconforming uses of land may be continued by the present or any subsequent owner as long as:
A.
Such use is and remains otherwise lawful and in compliance with all federal, state and county environmental, pollution control, hazardous material, and drinking water laws and regulations;
B.
Such nonconforming use has not been and is not discontinued for a period of 12 consecutive months;
C.
Such nonconforming use is not, after the date of enactment of this chapter, materially altered, changed or expanded;
D.
Such nonconforming use is not an actual known source of groundwater contamination as a result of a specific violation notice from the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency, or any other pertinent county, state or federal regulatory agency;
E.
Such use shall upgrade its technology on a regular basis, as the technology required by applicable law is changed, or upon request of the Township, in order to minimize the risks associated with such use to the community water resources. Such upgrades shall be a necessity to support the right to continue with the nonconforming use.
3.
A regulated land use and activity under Table 27-405, Subsection 7B, shall be deemed to be new or materially altered, changed or expanded if:
A.
The land use which constitutes the regulated land use and activity was not previously present and conducted upon the lot or tract of land in question;
B.
The production and/or storage capacity of the regulated land use and activity is increased except for fluctuations resulting from the delivery of supplies to replenish stocks up to previously reported levels and the decrease attributable to proper use of the substances;
C.
The types of any substances which give rise to the regulated land use and activity is changed;
D.
The number of types of substances which give rise to the regulated land use and activity is changed;
E.
The quantity of any substances which give rise to the regulated land use and activity is materially increased; or
F.
The land area subject to the regulated land use and activity is enlarged in any respect.
4.
Application for a special exception shall be made to the Ferguson Township Zoning Hearing Board, in writing, on such form as may be prescribed by the Zoning Administrator, and such application shall include, at a minimum, a detailed description of each of the activities to be conducted upon the lot or tract of land in question which constitute a regulated land use and activity, including a listing of all substances which are to be stored, handled, used, or produced in connection with each regulated land use and activity being proposed, and which substances are subject to regulation by federal, state, and/or county governmental authorities.
5.
The Ferguson Township Zoning Hearing Board shall issue a written determination approving or disapproving the application for a special exception, or conditioning the granting of the special exception upon adherence to any or all of the following requirements by the applicant for the special exception, where the Zoning Hearing Board has found that such adherence is reasonably necessary to fulfill the groundwater protection purposes of this chapter:
A.
The installation of containment facilities and systems so as to prevent the contamination of groundwater by substances regulated by federal, state, and/or county governmental authorities;
B.
The preparation and filing (with the Zoning Administrator) of a spill contingency plan addressing the means by which any potential contamination of groundwater will be controlled, collected, and remediated, including emergency contacts and identification of potential contaminants;
C.
Regular inspection and/or monitoring by the owner, occupant, the Zoning Administrator, and/or third parties of the regulated land use and activity area;
6.
Other items that may be required to characterize environmental or physical conditions of the subject property.