Township of Conewago, PA Plan Processing Procedures

§ 135-9 General procedural requirements.

The procedures set forth in this article shall be followed for all subdivisions and/or land developments.

The official Township decision on any application filed under this chapter rests solely with the Board of Supervisors. The Township Planning Commission, Township Engineer, various Township officials, and Adams County Planning Commission are advisory to the Board of Supervisors.

The procedure for consideration of a subdivision and/or land development plan includes two optional procedures (preapplication and sketch plan) and two mandatory plan processing procedures (preliminary plan and final plan). Section 135-13 provides alternative procedures for certain specifically described land developments.

(1)

The sketch plan provides the applicant an opportunity to receive the recommendations and guidance from the Township Planning Commission and Board of Supervisors before the project is formally submitted.

(2)

The preliminary plan procedure is mandatory for all subdivisions and land developments, except as follows:

(a)

ECHO housing, as defined and regulated in § 135-13A.

(b)

Nonresidential building expansion, as defined and regulated in § 135-13B.

(c)

Minor subdivision, as defined and regulated in § 135-13C.

(d)

Annexation, as defined and regulated in § 135-13D.

(e)

Revised final plan, as defined and regulated in § 135-13E.

(f)

Minor land development, as defined and regulated in § 135-13F.

(3)

The final plan procedure is mandatory for all subdivision and land developments, except as follows:

(a)

ECHO housing, as defined and regulated in § 135-13A.

(b)

Nonresidential building expansion, as defined and regulated in § 135-13B.

The preliminary plan and final plan procedures are sequential. Successful completion of the preliminary plan procedure must be obtained before submission under the final plan procedure.

The waiver procedure is provided to modify provisions of this chapter as they apply to a specific project. Procedures for waivers are in § 135-14.

Procedures described in this chapter that are not mandated by the provisions of the Pennsylvania Municipalities Planning Code,[1] as amended, are discretionary as to the Township's obligation. Failure of the Township to abide by said permissive procedures shall not invalidate any action taken herein. However, all applicant procedures are mandatory, unless waived by the Board of Supervisors, according to § 135-13.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

The applicant shall comply with all mandatory applications of the Pennsylvania Department of Transportation (PennDOT) and Pennsylvania Department of Environmental Protection (PA DEP). Evidence of such submission shall be provided to the Township.

The developer is to notify the School District Superintendent of the local jurisdiction of their plans for residential development. The notice shall include the location of the development, the number and types of units to be included in the development, and the expected construction schedule. Proof of notification shall be submitted to the Township in the form of a certified mail receipt.

[Added 7-16-2012 by Ord. No. 2012-J]

In order to expedite the various review and approval processes, the developer may choose to utilize an administrative staff meeting with the Township to discuss the comments obtained from the initial review of the plan. The developer is responsible for all related cost(s) incurred for the staff meeting.

[Added 7-16-2012 by Ord. No. 2012-J]

§ 135-10 Optional sketch plan review.

Sketch plan procedures.

(1)

Applicants are urged to discuss development sites and plans with the Township Planning Commission before submission of a preliminary plan or final plan.

(2)

The purpose of the sketch plan review is to afford the applicant an opportunity to receive the recommendations and guidance from the Township, while the project is at an early stage, and before formal filing of a plan.

(3)

The following is a generalized graphic depiction of the Sketch Plan Schedule.[1] Refer to the text of this chapter for the specific and detailed description.

[1]

Editor's Note: The Sketch Plan Schedule is included at the end of this chapter.

Submission procedure.

(1)

Sketch plans shall be submitted to the Township Manager, or designate, at the Township office on any business day. However, sketch plans must be submitted no later than 12:00 noon on the 24th calendar day prior to a Township Planning Commission meeting in order to be placed on the agenda for that meeting.

(2)

Applicants are also required to submit, by registered mail, a notice of the sketch plan to all adjacent property owners. Proof of adjacent property owners shall be submitted to the Township.

(3)

The sketch plan application shall not be available for revision or inclusion of additional information before the Planning Commission meeting at which the sketch plan will be considered. This time is provided to allow an examination and study of the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date, unless the applicant authorizes a rescheduling of the sketch plan and grants an extension of the review time provided to the Township.

Application requirement.

(1)

All sketch plan applications shall include a filing fee, as set by resolution of the Board of Supervisors, 10 copies of plans, as specified in § 135-15, and proof of filing, by registered mail, of a notice of the sketch plan to adjacent property owners.

(2)

The Township may require additional copies of the above-referenced material.

Review for completeness of application. The Township staff shall have five calendar days from the date of submission of an application to check the plans and documents to determine if, on their face, they are in proper form and contain sufficient information to perform the analysis required by this chapter. If defective, the application may be returned to the applicant with a statement of rejection within the five-day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Township staff to the Board of Supervisors.

Distribution. The Township staff shall distribute the sketch plan to the Board of Supervisors, Township Planning Commission, and various Township staff. If deemed necessary, data will be submitted to other officials [e.g., adjacent municipality(ies), PennDOT, PA DEP].

Reviewing agencies. The sketch plan is reviewed by the Township Zoning Officer, Township Engineer, Township Planning Commission, Municipal Authority or, in the case of on-site sewage disposal, Township Sewage Enforcement Officer, Adams County Planning Commission, and, if deemed necessary, other officials. These reviewers will report their findings to the Township Planning Commission and Board of Supervisors.

(1)

All sketch plan reviews shall be based upon provisions of this chapter, as as other applicable ordinances. All review comments shall cite the provision of the ordinances relied upon or be specifically designated as a suggestion.

(2)

The sketch plan will be placed on the Township Planning Commission agenda for the first meeting that follows at least 24 calendar days from the submission date. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is required. The applicant or authorized agent must be prepared to:

(a)

Display a plan for public viewing which identifies at least the horizontal location of streets, parking, building, lot layout, stormwater detention/retention basin, water supply, sanitary sewage disposal, and other planning features.

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes.

(3)

The Township will prepare written minutes of the sketch plan review meeting. However, the submission of a sketch plan shall not, under any circumstances, be considered submission of a plan for the purpose of determining approval, nor is this filing subject to Section 508 of the Pennsylvania Municipalities Planning Code[2] or binding commitments from the Township or applicant.

[2]

Editor's Note: See 53 P.S. § 10508.

Board of Supervisors Review. The applicant will be advised of the scheduled meeting for review of the sketch plan. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is required.

(1)

The applicant or authorized agent must be prepared to:

(a)

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes.

(2)

Before acting on a sketch plan, the Board of Supervisors may hold a public hearing thereon after public notice.

(3)

The Township will prepare written minutes of the sketch plan review meeting. However, the submission of a sketch plan shall not, under any circumstances, be considered submission of a plan for the purpose of determining approval, nor is this filing subject to Section 508 of the Pennsylvania Municipalities Planning Code[3] or binding commitments from the Township or applicant.

[3]

Editor's Note: See 53 P.S. § 10508.

§ 135-11 Preliminary plan application.

Projects that require preliminary plan procedure.

(1)

A preliminary plan application is required for subdivisions and land developments, except as follows:

(a)

ECHO housing, as defined and regulated in § 135-13A.

(b)

Nonresidential building expansion, as defined and regulated in § 135-13B.

(c)

Minor subdivision, as defined and regulated in § 135-13C.

(d)

Annexation, as defined and regulated in § 135-13D.

(e)

Revised final plan, as defined and regulated in § 135-13E.

(f)

Minor land development, as defined and regulated in § 135-13F.

(2)

The following is a generalized graphic depiction of the Preliminary Plan Schedule.[1] Refer to the text of this chapter for the specific and detailed description.

[1]

Editor's Note: The Preliminary Plan Schedule is included at the end of this chapter.

Submission procedure.

(1)

Preliminary plans shall be submitted to the Township Manager, or designate, at the Township office on any business day. However, preliminary plans must be submitted no later than 12:00 noon on the 24th calendar day prior to a Township Planning Commission meeting in order to be placed on the agenda for that meeting.

(2)

The preliminary plan application shall not be available for revision or inclusion of additional information before the Planning Commission meeting at which the preliminary plan will be considered. This time is provided to allow an examination and study of the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date, unless the applicant authorizes a rescheduling of the preliminary plan and grants an extension of the review time provided to the Township.

(3)

Applicants are required to submit a sewer facilities plan revision or exemption in conjunction with the preliminary plan to avoid unnecessary delays in attaining revision or supplement approval before the final plan stage.

(4)

Applicants are required to submit the preliminary plan to the Municipal Authority, Adams County Planning Commission, PennDOT, Adams County Conservation District, and any other agency with jurisdiction. The Township will not schedule an application for approval until the receipt of the county report or the expiration of 31 calendar days from the date the application was forwarded to the county.

Application requirement.

(1)

All requests shall be made by submission of the preliminary plan application (See Appendix No. 5.[2]), filing fee (set by resolution of the Board of Supervisors), and 10 copies of plans, supplemental reports, and agreements and notifications, as specified in § 135-16, and proof of filing, by registered mail, of a notice of the preliminary plan to adjacent property owners and the School District Superintendent.

[Amended 7-16-2012 by Ord. No. 2012-J]

[2]

Editor's Note: Appendix No. 5 is on file in the Township offices.

(2)

The Township may require additional copies of the above-referenced material.

Distribution.

(1)

The Township staff shall distribute the preliminary plan to the Board of Supervisors, Township Planning Commission, and various Township staff. If deemed necessary, data will be submitted to other officials [e.g., adjacent municipality(ies), PennDOT, PA DEP].

(2)

Delivery of the application, plans, reports, and other material to the Adams County Planning Commission shall be the responsibility of the applicant.

Reviewing agencies. The preliminary plan is reviewed by the Township Zoning Officer, Township Engineer, Township Planning Commission, Municipal Authority or, in the case of on-site sewage disposal, Township Sewage Enforcement Officer, Adams County Planning Commission, and, if deemed necessary, other officials. These reviewers will report their findings to the Township Planning Commission and Board of Supervisors.

(1)

All preliminary plan reviews shall be based upon provisions of this chapter, as as other applicable ordinances. All review comments shall cite the provision of the ordinances relied upon or be specifically designated as a suggestion.

(2)

The preliminary plan will be placed on the Township Planning Commission agenda for the first meeting that follows at least 24 calendar days from the submission date. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is required. The applicant or authorized agent must be prepared to:

(a)

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes.

(c)

Establish the acceptance or rejection of any recommendations of the Township Planning Commission and other officials.

(d)

Establish the intent to avail the applicant to the procedure for complying with the recommendations of the Township Planning Commission as specified in § 135-11G.

Compliance with recommendations of the Township Planning Commission. In order to avoid the Township Planning Commission's recommendation for disapproval, the applicant is encouraged to comply with the recommendations of the Township Planning Commission prior to its report to the Board of Supervisors.

(1)

Should the applicant elect to revise the preliminary plan, 10 copies of the revised data and application (See Appendix No. 5.[3]) shall be submitted to the Township Manager, or designate, at the Township office on any business day. However, in order to be placed on the Township Planning Commission meeting agenda, the revised data must be submitted by 12:00 noon on the 24th day prior to the scheduled Planning Commission meeting.

[3]

Editor's Note: Appendix No. 5 is on file in the Township offices.

(2)

Revised plans will be distributed and reviewed in accordance with § 135-11E and F. The time for a Township ruling on the preliminary plan (§ 135-11H) shall be based upon the submission date of the revised data.

Ruling on the preliminary plan. The Board of Supervisors makes a ruling on the preliminary plan.

(1)

The Board of Supervisors will advise the applicant of the scheduled meeting for consideration of the preliminary plan. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is required.

(2)

The applicant or authorized agent must be prepared to:

(a)

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes.

(c)

Establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered into the minutes of the Board of Supervisors. The acceptance of conditions will also be acknowledged in writing. If the applicant does not accept the conditions of approval, the preliminary plan will be disapproved.

(3)

Before acting on a preliminary plan, the Board of Supervisors may hold a public hearing thereon after public notice.

(4)

The Board of Supervisors shall approve, conditionally approve, or disapprove the preliminary plan no later than the greater of the period of time required by the Pennsylvania Municipalities Planning Code.[4] Unless instructed otherwise, the ruling will transpire within 90 calendar days following the date of the regular meeting of the Planning Commission next following the date the application was filed or after a final order of court remanding an application. However, should said next regular meeting or remanding occur more than 30 calendar days following the filing of the application or remanding, the said ninety-calendar-day period shall be measured from the 30th calendar day following the date the application was filed.

[4]

Editor's Note: See 53 P.S. § 10101 et seq.

(5)

Should the applicant grant an extension of time within which the Board of Supervisors shall act upon the preliminary plan and/or render a written decision, the Board of Supervisors may act in accordance with such extension of time.

Notification of ruling. The ruling of the Board of Supervisors shall be in the form of a written notice. The written notice shall cite defects in the application and the specific sections of this chapter, any applicable statute, or applicable Township ordinance relied upon. The written notice shall be presented to the applicant personally or mailed to him at his last known address not later than 15 calendar days following the decision. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the preliminary plan.

(1)

In the event that the Board of Supervisors deems any waiver of requirements from this chapter necessary, the waiver and the reasons for its necessity shall be entered into the minutes of the Board of Supervisors.

(2)

Approval of the preliminary plan entitles the applicant to final plan approval, in accordance with the terms of the preliminary plan, conditions of preliminary plan approval, and final plan requirements.

(3)

Preliminary plan approval binds the applicant to the plan as approved. The final plan shall be substantially consistent with the approved preliminary plan. Preliminary plan approval does not authorize construction, sale or transfer of lots, nor shall this plan be recorded in the office of the Adams County Recorder of Deeds.

(4)

Unconditional preliminary plan approval shall expire within five years after being granted, unless an extension is requested by the applicant and approved by the Board of Supervisors. Requests for extensions shall be submitted to the Township 30 calendar days before any prevailing expiration date. The Township has no responsibility to inform the applicant of the termination or pending termination of an application.

Compliance with conditions of approval. If the Board of Supervisors conditions its preliminary plan approval upon receipt of additional information, alterations, changes, or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Township Manager, or designate, at the Township office on any business day. The applicant shall include a brief, written, descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain preliminary plan approval. Preliminary plan revisions must be included on or with the preliminary plan and not solely reflected on the final plan.

(1)

If the preliminary plan is approved subject to modifications or conditions, the applicant shall, within four weeks of the date of Township ruling, provide the Township with a written approval or reject such modifications or conditions.

(2)

Compliance with the conditions of preliminary plan approval must be attained within one year of the Board of Supervisors ruling on the preliminary plan (See § 135-11H.), unless an extension is requested, in writing, by the applicant and granted by the Board of Supervisors. Preliminary plans that have not complied with the conditions of approval within the above period are disapproved.

(3)

At the option of the applicant, and upon receipt of an unconditional preliminary plan approval, a preliminary plan may be presented to the Township for signature. (See Appendix No. 3.[5])

[5]

Editor's Note: Appendix No. 3 is on file in the Township offices.

§ 135-12 Final plan application.

Projects that require final plan procedure.

(1)

A final plan application is required for all subdivision and land development plans. When a preliminary plan application is required, in accordance with § 135-11A, an application for final plan approval can be submitted only after obtaining unconditional preliminary plan approval, except as follows:

(a)

ECHO housing, as defined and regulated in § 135-13A.

(b)

Nonresidential building expansion, as defined and regulated in § 135-13B.

(2)

The following is a generalized graphic depiction of the Final Plan Schedule.[1] Refer to the text of this chapter for the specific and detailed description.

[1]

Editor's Note: The Final Plan Schedule is included at the end of this chapter.

Consistency with preliminary plan. The final plan shall be substantially consistent with the preliminary plan. The final plan may include sections of an approved preliminary plan, provided each section:

(1)

In a residential subdivision or land development, except for the last section, contains a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Supervisors in its discretion.

(2)

Independently conforms to this chapter, regulations and other standards of the Township.

(3)

Results in a logical extension of streets, access drives, alleys, stormwater management facilities, sanitary sewer facilities, and water supply facilities.

Submission procedure.

(1)

Final plans shall be submitted to the Township Manager, or designate, at the Township office on any business day. However, final plans must be submitted no later than 12:00 noon on the 24th calendar day prior to a Township Planning Commission meeting in order to be placed on the Township Planning Commission agenda for that meeting.

(2)

The final plan application shall not be available for revision or inclusion of additional information before the Planning Commission meeting at which the final plan will be considered. This time is provided to allow an examination and study of the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date, unless the applicant authorizes a rescheduling of the final plan and grants an extension of the review time provided to the Township.

(3)

Applicants are required to submit a complete sewer facilities plan revision or exemption, and proof of publication when PA DEP requires public notice, in conjunction with the final plan to avoid unnecessary delays in attaining approval of the revisions or supplement.

(4)

Applicants are required to submit the final plan to the Municipal Authority, Adams County Planning Commission, PennDOT, Adams County Conservation District, and any other agency with jurisdiction. The Township will not schedule an application for approval until the receipt of the county report or the expiration of 30 days from the date the application was forwarded to the county.

Application requirement.

(1)

All requests shall be made by submission of the final plan application (See Appendix No. 5.[2]), filing fee (set by resolution of the Board of Supervisors), and 10 copies of plans, supplemental reports, and agreements and notifications, as specified in § 135-17, and proof of filing, by registered mail, of a notice of the final plan to adjacent property owners and the School District Superintendent.

[Amended 7-16-2012 by Ord. No. 2012-J]

[2]

Editor's Note: Appendix No. 5 is on file in the Township offices.

(2)

The Township may require additional copies of the above-referenced material.

Distribution.

(1)

The Township staff shall distribute the final plan to the Board of Supervisors, Township Planning Commission, and various Township staff. If deemed necessary, data will be submitted to other officials (e.g., adjacent municipality[ies], PennDOT, PA DEP).

(2)

Delivery of the application, plans, reports, and other material to the Adams County Planning Commission shall be the responsibility of the applicant.

Reviewing agencies. The final plan is reviewed by the Township Zoning Officer, Township Engineer, Township Planning Commission, Municipal Authority or, in the case of on-site sewage disposal, Township Sewage Enforcement Officer, Adams County Planning Commission, and, if deemed necessary, other officials. These reviewers will report their findings to the Township Planning Commission and Board of Supervisors.

(1)

All final plan reviews shall be based upon provisions of this chapter, as as other applicable ordinances. All review comments shall cite the provision of the ordinances relied upon or be specifically designated as a suggestion.

(2)

The final plan will be placed on the Township Planning Commission agenda for the first meeting that follows at least 24 calendar days from the submission date. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is required. The applicant or authorized agent must be prepared to:

(a)

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes.

(c)

Establish the acceptance or rejection of any recommendations of the Township Planning Commission and other officials. (See Appendix No. 3.[3])

[3]

Editor's Note: Appendix No. 3 is on file in the Township offices.

(d)

Establish the intent to avail the applicant to the below procedure for complying with the recommendations of the Township Planning Commission as specified in § 135-12H.

(3)

The governing body of the contiguous municipalities may appear and comment before the Board of Supervisors, Township Planning Commission, and all other review agencies that are considering proposed subdivision and land development plans.

(1)

Should the applicant elect to revise the final plan, 10 copies of the revised data and application (See Appendix No. 5.[4]) shall be submitted to the Township Manager, or designate, at the Township office on any business day. However, in order to be placed on the Township Planning Commission meeting agenda, the revised data must be submitted by 12:00 noon on the 24th calendar day prior to the Township Planning Commission meeting.

[4]

Editor's Note: Appendix No. 5 is on file in the Township offices.

(2)

Revised plans will be distributed and reviewed in accordance with § 135-12F and G. The time period for a Township ruling on the final plan (§ 135-12I) shall be based upon the submission date of the revised data.

Ruling on the final plan. The Board of Supervisors makes a ruling on the final plan.

(1)

The Board of Supervisors will advise the applicant of the scheduled meeting for consideration of the final plan. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is required.

(2)

The applicant or authorized agent must be prepared to:

(a)

Display a plan for public viewing that identifies at least the horizontal location of streets, parking, building, lot layout, stormwater detention/retention basin, water supply, sanitary sewage disposal, and other planned features.

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes.

(c)

(3)

Before acting on a final plan, the Board of Supervisors may hold a public hearing thereon after public notice.

(4)

The Board of Supervisors shall approve, conditionally approve, or disapprove the final plan no later than the greater of the period of time required by the Pennsylvania Municipalities Planning Code.[5] Unless instructed otherwise, the ruling will transpire within 90 calendar days following the date of the regular meeting of the Planning Commission next following the date the application was filed or after a final order of court remanding an application. However, should said next regular meeting or remanding occur more than 30 calendar days following the filing of the application or remanding, the said ninety-calendar-day period shall be measured from the 30th calendar day following the date the application was filed.

[5]

Editor's Note: See 53 P.S. § 10101 et seq.

(5)

Should the applicant grant an extension of time within which the Board of Supervisors shall act upon the final plan and/or render a written decision, the Board of Supervisors may act in accordance with the limits of such extension of time.

Notification of ruling. The ruling of the Board of Supervisors shall be in the form of a written notice. The written notice shall cite the defects in the application and the specific sections of this chapter, any applicable statute, or applicable Township ordinance relied upon. The written notice shall be presented to the applicant personally or mailed to him at his last known address not later that 15 calendar days following the decision. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the final plan.

(1)

(2)

When requested by the applicant, in order to facilitate financing, the Board of Supervisors shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan, contingent upon the applicant obtaining financial security in a form satisfactory to the Board of Supervisors. The resolution's contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 calendar days, unless an extension is requested, in writing, by the applicant and granted by the Board of Supervisors. Request for extensions shall be submitted to the Township 31 days before any prevailing expiration date. The Township has no responsibility to inform the applicant of termination or pending termination of an application.

Compliance with conditions of approval. If the Board of Supervisors conditions its final plan approval upon receipt of additional information, alterations, changes, or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Township Manager, or designate, at the Township office on any business day. The applicant shall include a brief, written, descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain final plan approval.

(1)

If the Board of Supervisors conditions its final plan approval upon installation of public improvements, the applicant shall comply with either the financial security provision in § 135-20 or the provision for installation of public improvements specified in § 135-21.

(2)

If the final plan is approved subject to modifications or conditions, the applicant shall, within four weeks of the date of Township ruling, provide the Township with a written approval or reject such modifications or conditions.

(3)

Compliance with the conditions of final plan approval and submission for plan certification must be attained within one year of the Board of Supervisors ruling on the final plan, or the Township action on the plan shall be considered a disapproval, unless the Board of Supervisors grants a waiver by extending the effective time period. Requests for extensions shall be submitted to the Township 30 days before any prevailing expiration date. The Township has no responsibility to inform the applicant of the termination or pending termination of an application.

Final plan certification. After all conditions of final plan approval are met, the applicant shall present to the Township one Mylar copy to scale, one Mylar copy at 18 inches by 24 inches, and six paper copies of the final plan. All copies of the final plan shall be in black ink and bear original signatures on each certificate.

(1)

Upon payment of any outstanding plan review fee or inspection fee, the Township Planning Commission and the Board of Supervisors (See Appendix Nos. 3 and 4.[6]) shall sign the final plan. The Township will retain one paper copy of the plan.

[6]

Editor's Note: Appendix Nos. 3 and 4 are on file in the Township offices.

(2)

Upon certification by the Township, the applicant shall submit the remaining plans to the Adams County Planning Commission for signatures and the office of the Adams County Recorder of Deeds for a certificate of recordation. The Adams County Planning Commission will retain one copy, and the Adams County Recorder of Deeds will retain two copies. One full-scale Mylar copy and three paper copies containing the completed certificates of the Adams County Planning Commission and Adams County Recorder of Deeds must be returned by the applicant to the Township.

(3)

The final plan shall be filed with the office of the Adams County Recorder of Deeds within 90 calendar days from the date of Board of Supervisors certification of approval. No lot may be sold and/or construction initiated until the final plan is filed with the office of the Adams County Recorder of Deeds. The Township will not issue further approvals or permits until the applicant provides the evidence of recordation.

(4)

Recording of the final plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use shown thereon, unless reserved by the landowner as hereinafter provided. The approval of the Board of Supervisors shall not impose any duty upon the Township concerning maintenance or improvement of any such dedicated street or public use until the Board of Supervisors shall have accepted the same by the prevailing procedures of the Township.

(5)

If the final plan includes a notation to the effect that there is no offer of dedication to the public of common use areas, the title to such areas shall remain with the owner, his heirs and assigns, and the Township shall assume no responsibility for improvements or maintenance thereof, which fact shall also be noted on the final plan.

§ 135-13 Alternative plan processing procedures.

Alternative plan processing procedures are provided below:

ECHO housing.

(1)

"ECHO housing" is defined as a temporary dwelling unit placed on a property with another single-family detached dwelling, for occupancy by either an elderly, handicapped, or disabled person(s) related by blood, marriage or adoption to the occupants of the principal dwelling or their caregiving family members.

(2)

ECHO housing is not required to comply with the preliminary plan or final plan processing procedures specified in §§ 135-11 and 135-12. In the alternative, ECHO housing is regulated under Chapter 155, Zoning. Interested parties shall contact the Township Zoning Officer for applicable regulations.

Nonresidential building expansion.

(1)

"Nonresidential building expansion" is defined as a one-time expansion of a nonresidential building that does not:

(a)

Exceed a gross floor area of 1,500 square feet of the building footprint.

(b)

Increase off-street parking by more than five parking spaces.

(c)

Include new or expanded loading areas.

(d)

Include new or expanded points of vehicle access.

(e)

Extend or change the public infrastructure.

(f)

Disturb important natural resources.

(g)

Alter a recorded plan.

(2)

A nonresidential building expansion is not required to comply with the plan processing procedures specified in §§ 135-11 and 135-12. In the alternative, the nonresidential building expansion shall comply with the following:

(a)

Application requirement. Submission of the following to the Township Manager, or designate, at the Township Municipal Office, at least 24 days prior to the date of the Township Planning Commission meeting:

[1]

Ten copies of a plan prepared to the requirements of § 135-15, plus a grading plan prepared to the requirements of § 135-16D(13).

[2]

Chapter 135, Subdivision and Land Development, application and building permit application.

[3]

All other necessary permits and approvals.

[4]

Filing fee, as set by resolution of the Board of Supervisors.

(b)

Distribution. The Township staff shall distribute the nonresidential building expansion plan to the Township Zoning Officer, Township Planning Commission, Township Engineer, and, if necessary, other officials.

(c)

Ruling on the nonresidential building expansion plan. The nonresidential building expansion plan will be placed on the Township Planning Commission agenda for the meeting that is at least 24 days following submission. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to:

[1]

[2]

Verbally describe the property location and planned features in a presentation of no more than five minutes.

[3]

Establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered into the minutes of the planning Commission. The acceptance of conditions will also be acknowledged in writing. If the applicant does not accept the conditions of approval, the nonresidential building expansion plan will be disapproved.

(d)

Notification of ruling. The ruling of the Planning Commission shall be in the form of a written notice. The written notice shall cite the defects in the application and the specific sections of this chapter, any applicable statute, or applicable Township ordinance relied upon. The written notice shall be presented to the applicant personally or mailed to him at his last known address not later than 15 calendar days following the decision. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the nonresidential building expansion plan.

(e)

Compliance with conditions of approval.

[1]

If the Planning Commission conditions its nonresidential building expansion plan approval upon receipt of additional information, alterations, changes, or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Township Manager, or designate, at the Township office on any business day. The applicant shall include a brief, written, descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain nonresidential building expansion plan approval.

[2]

If the nonresidential building expansion plan is approved subject to modifications or conditions, the applicant shall, within four weeks of the date of Township ruling, provide the Township with a written approval or reject such modifications or conditions.

[3]

Compliance with the conditions of final plan approval must be attained within one year of the ruling on the nonresidential building expansion plan, or the Township action on the plan shall be considered a disapproval.

Minor subdivision.

(1)

"Minor subdivision" is defined as a subdivision of land into no greater than three lots, plus the remaining parcel, as of the effective date of this chapter.

(2)

A minor subdivision is not required to comply with the preliminary plan application procedures stated in § 135-11. In the alternative, minor subdivisions shall be submitted according to the procedures for a final plan application, as stated in § 135-12.

(3)

The application for a minor subdivision is not required to include the information specified for a preliminary plan or final plan as stated in §§ 135-16 and 135-17. In the alternative, a minor subdivision shall include the information required for:

(a)

Sketch plans, as specified in § 135-15.

(b)

Proposed features, as specified in §§ 135-16D and 135-17D.

(c)

Applicable certification and notification, as specified in § 135-17F.

Annexation.

(1)

"Annexation" is defined as the subdivision of a property that has its sole purpose as an increase in lot area, and not for the establishment of a separate new lot or a land development.

(2)

An annexation is not required to comply with the preliminary plan application procedures stated in § 135-11. In the alternative, an annexation plan shall be submitted according to the procedures for a final plan application, as stated in § 135-12.

(3)

The application for an annexation is not required to include the information specified for a preliminary plan or final plan as stated in §§ 135-16 and 135-17. In the alternative, an annexation plan shall include the information required for:

(a)

Plan information specified in § 135-15.

(b)

Proposed features, as specified in §§ 135-16D and 135-17D.

(c)

Applicable certification and notification, as specified in § 135-17F.

Revised final plan.

(1)

"Revised final plan" is defined as a plan that solely revises the location of a property line from that established on a plan filed in the Subdivision Plan Book of the Adams County Recorder of Deeds. A revised final plan may not:

(a)

Increase the number of proposed lots or units of occupancy.

(b)

Establish a lot area less than permitted by Chapter 155, Zoning.

(c)

Alter the location of easements, rights-of-way, streets (horizontal or vertical), block areas, utilities (size or location), open spaces, recreation areas, or increase the number of lots.

(2)

A revised final plan is not required to comply with the preliminary plan application procedures stated in § 135-11. In the alternative, a revised final plan shall be submitted according to the procedures for a final plan application, as stated in § 135-12.

(3)

The application for a revised final plan is required to include the information specified for a final plan, as stated in § 135-17.

Minor land development.

(1)

"Minor land development" is defined as the development of a property that:

(a)

Establishes no more than 6,000 gross square feet of new impervious surface.

(b)

Is located on a lot with an area of at least one acre.

(c)

Increases off-street parking by more than five parking spaces.

(2)

A minor land development plan is not required to comply with the preliminary plan application procedures stated in § 135-11. In the alternative, a minor land development plan shall be submitted according to the procedures for a final plan application, as stated in § 135-12.

(3)

The application for a minor land development is required to include the information specified for a final plan, as stated in § 135-17.

§ 135-14 Waivers.

Purpose. A "waiver" is the process to receive a modification of an ordinance requirement as it applies to a specific application.

Standards for waiver. A waiver may be approved when the applicant demonstrates to the Board of Supervisors that all of the following is in existence:

(1)

The literal enforcement of the ordinance requirement is unreasonable and will exact undue hardship because of a peculiar condition that pertains to the specific proposal, or that an alternative standard will provide an equal or better result.

(2)

The waiver will not be contrary to the public interest.

(3)

The waiver is consistent with the intent of this chapter.

(4)

The waiver is consistent with § 135-2, Purpose.

Application requirement. All applications for waivers shall be submitted to the Township Manager, or designate, at the Township Municipal Office at least 24 days prior to the date of the Township Planning Commission meeting. A waiver request shall include 10 copies of all applicable plans and executive summary of reports and supplemental data, two copies of complete reports and supplemental data, and 10 application forms. (See Appendix No. 6.[1]) If any of this information was filed with a preliminary plan or final plan, the information may be referenced, and additional copies are not required.

[1]

Editor's Note: Appendix No. 6 is on file in the Township offices.

Distribution. One copy of the waiver request will be distributed by the Township Manager, or designate, to the Township Zoning Officer, Township Planning Commission, Township Engineer, Board of Supervisors, and, if necessary, other officials.

Reviewing agency. The waiver will be placed on the Township Planning Commission agenda for the meeting that is at least 24 days following submission. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to:

(1)

If applicable, display a plan for public viewing which identifies at least the horizontal location of streets, parking, building, lot layout, stormwater detention/retention basin, water supply, sanitary sewage disposal, and other planned features.

(2)

Verbally describe the property location and planned features in a presentation of no more than five minutes.

(3)

Present the waiver request and justifications.

(4)

Establish the acceptance or rejection of any recommendations of the Township Planning Commission and other officials.

Ruling on the waiver. The Board of Supervisors makes a ruling on the waiver.

(1)

The Township will advise the applicant of the scheduled meeting for consideration of the waiver. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to:

(a)

If applicable, display a plan for public viewing that identifies at least the horizontal location of streets, parking, building, lot layout, stormwater detention/retention basin, water supply, sanitary sewage disposal, and other planned features.

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes.

(c)

Present the waiver request and justifications.

(d)

Establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of the waiver will be entered into the minutes of the Board of Supervisors. The applicant shall also acknowledge the acceptance of conditions in writing. The waiver will be disapproved if the applicant does not accept the conditions of approval.

(2)

The Board of Supervisors shall have the authority to approve or disapprove the waiver. The Board of Supervisors may elect to consider a waiver independent of the Township Planning Commission review procedure.

(3)

In granting any waiver, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.

(4)

Action on the waiver shall be entered into the minutes of the Board of Supervisors and forwarded to the applicant. Failure of the Board of Supervisors to render a decision and communicate it to the applicant as described herein shall not be deemed approval of the waiver.