This article sets forth the application requirements for obtaining approval of subdivision and land developments. The form of the various plans referred to in this article and the information required to be furnished with such plans shall be as specified in Article VII.
A.
Developers are strongly urged, but not required, to submit a sketch
plan for a proposed land development. The sketch plan will be considered
an informal submission, for discussion purposes with Borough staff
and the Commission. A sketch plan shall show proposed streets, lots,
and other proposed improvements within the land development, including
any road and/or trail improvements indicated on the Official Map.
Submission of a sketch plan shall be on plan sheets that are 24 inches
by 36 inches. A total of eight paper copies of the sketch plan, two
copies of any supporting documents, and one electronic copy of the
plans and supporting documents shall be submitted to the Borough for
review. The submittal package shall be complete with any supplemental
documents, an application for sketch plan review, and the necessary
filing and review fees for a sketch plan submittal.
B.
Upon receiving the sketch plan, the Borough staff, including the
Borough Engineer and the Borough Solicitor, the Commission and the
Council may review the plan and advise in writing, at the sole cost
and expense to the applicant, how the proposed subdivision or land
development may conform or fail to conform to the requirements and
objectives of this chapter and other applicable plans and ordinances.
Said written comments shall not be deemed to be an approval or denial
of any application or to vest any rights in the applicant.
A.
All formal applications for approval of a subdivision plan or land
development plan shall be made by the developer filing an application
form, to be supplied by the Borough Secretary, together with the appropriate
plans, studies, reports, supporting data, and required filing fee.
B.
Multiple applications. The resources of the Borough and the orderly
administration of this chapter are unduly burdened by multiple and
conflicting applications. An applicant may not submit multiple applications
for approval of a subdivision or land development plan for the same
property or any portion thereof. If an applicant desires to submit
a new application, the applicant must withdraw in writing any pending
application. In the event the applicant fails or refuses to withdraw
a pending application, the Council may deny the new application for
the same tract or portion thereof due to noncompliance with this section.
C.
County Planning Commission procedures. Applicants shall comply with
all plan processing procedures of the County Planning Commission.
It is the responsibility of the applicant to determine the requirements
of the County Planning Commission, including, but not limited to,
the number of copies of the plan which must be submitted and the filing
fee.
A.
Initial application. The Borough Secretary shall have seven days from the date of submission of an application to check the plans and documents to determine if it is accepted for review. If defective, the application may be returned to the applicant with a statement of rejection, within the seven-day period; otherwise, it shall be deemed accepted for review as of the date of submission. Acceptance for review shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Borough Secretary under this section to the Council in accordance with Article IX of this chapter.
B.
Amendments or corrections to an application. The Borough Secretary
shall have seven days from the date of submission to examine an amended
or corrected application filed to determine whether such amended or
corrected application results in a substantial amendment to the plan
or in the filing of a plan so changed as to be considered a new plan.
If the Borough Secretary determines that the amended or corrected
application constitutes a substantial amendment, he shall so inform
the applicant and shall inform the applicant that the Borough shall
consider the ninety-day review procedure to have been restarted as
of the date of the filing of the substantial amendment. If the Borough
Secretary determines that the amended or corrected application constitutes
a new plan, he shall so inform the applicant and shall inform the
applicant that a new application and new fees are required. The applicant
may appeal a decision by the Borough Secretary under this section
to the Council.
A.
Purpose. The purpose of the preliminary plan is to require formal
preliminary approval in order to vest the plan from changes in Borough
ordinances, phase development, and provide additional time to complete
conditions of approval.
B.
Submission requirements. The following items are required in order
for a preliminary plan to be accepted for review:
(1)
Three copies of the preliminary plan, 24 inches by 36 inches;
(2)
Six copies of the preliminary plan, 11 inches by 17 inches;
(3)
Two copies of all reports, notifications and certifications that
are provided on the plan, including stormwater management plans and
calculations;
(4)
One copy of the application form completely and correctly executed,
with all information legible, and bearing all required signatures;
(5)
The required filing fee as established from time to time by resolution
by the Council;
(6)
An electronic copy of the plan and all supporting documents in PDF
format; and
C.
Types of plans. One of the following plans, as appropriate, shall
be filed with the application:
(1)
Preliminary subdivision plan. The preliminary subdivision plan is
to be filed whenever approval is sought to subdivide a parcel of land,
unless a lot-line change plan may be properly submitted.
(2)
Preliminary land development plan. The preliminary land development
plan is to be filed whenever land development approval is sought.
(3)
Lot-line change plan. The lot-line change plan is to be filed whenever
approval is sought to shift lot lines or to merge lots. A lot-line
change plan may be waived from review by the Lancaster County Planning
Commission (if the Borough and the Lancaster County Planning Commission
agree) if the applicant provides a Lancaster County Appendix 24 form
signed by the Borough Secretary.
D.
Procedure upon acceptance of submission. When an application is accepted
for review, the Borough Secretary shall forward complete sets of the
application, including plans and all appropriate documentation, to
the Commission, Zoning Officer, Borough Engineer, Borough Solicitor,
and other persons as the Borough may deem appropriate.
E.
Reviews.
(1)
Review by the Zoning Officer. The Zoning Officer shall review the application documents to determine if they are in compliance with Chapter 270, Zoning. He shall prepare a written report stating his findings and recommendations.
(2)
Review by the Borough Engineer. The Borough Engineer shall review the application documents to determine if they are in compliance with this chapter, Chapter 226, Stormwater Management, Chapter 232, Streets and Sidewalks, applicable state and federal statutes and regulations, other applicable Borough ordinances, Borough standards, and good engineering practices. He shall prepare a written report stating his findings and recommendations.
(3)
Review by Borough staff. Borough staff shall review the application
documents to determine if they are in compliance with this chapter,
the Comprehensive Plan, and any other planning documents that may
be adopted by Council. He shall prepare a written report stating his
findings and recommendations.
(4)
Review by Borough Solicitor. The Borough Solicitor shall review the
application documents to determine the legal documents and agreement(s),
and the terms and conditions to be contained therein, that should
be required as a condition of approval to ensure compliance with applicable
legal requirements and to legally protect the interests of the Borough
with respect to the completion of the proposed development in accordance
with the final plan. The Solicitor shall prepare a written report
stating his findings and recommendations.
F.
Submission of plan revisions. When any modifications to the preliminary
plans are requested by Borough staff or consultants, applicants shall
submit revised plans to the Borough Secretary not later than 14 days
prior to the date of the first meeting of the Council at which the
plan will be considered; provided, however, that if said modifications
result in a substantially different plan, a new formal application
process shall be required, which shall follow all of the procedures
and time requirements set forth herein.
G.
Closing of record and submission of additional plans.
(1)
Closing of record. The application record shall be closed 14 days
before the Council meeting at which the plan will be considered to
allow time to examine and study the plans and all appropriate documentation.
No changes or amendments to the application shall be received after
this date unless the applicant shall apply for a rescheduling of the
meeting at which the plan will be considered before the Council and
make suitable provision for an extension of the review time.
(2)
Submission of additional copies of plans. Prior to the date set forth in Subsection G(1) above, the applicant shall submit such additional copies of plans, together with all appropriate documentation, and electronic copies as set forth in § 240-25B, so that the Borough has the latest plans, supporting documents and reports on file, and the Council has reviewed the latest revised site plans.
H.
Commission review.
(1)
The Commission shall conduct reviews of plan submissions at the next
scheduled meeting which is at least three weeks following the date
of submission.
(2)
The Commission shall review the application to determine if it meets
the standards set forth in this chapter.
(3)
Following review at a public meeting, the Commission shall submit
the preliminary plan to the Council together with its analysis and
recommendations, including those of Borough staff, the Borough Engineer,
and the Borough Solicitor.
I.
Council review and action.
(1)
Council shall act upon the plan application not later than 90 days following the date of the next regular meeting of the Commission following the date on which the application is deemed accepted for filing under § 240-24 of this chapter, provided that should said next regular meeting of the Commission occur more than 30 days following the date the application is deemed accepted for review, said ninety-day period shall be measured from the 30th day following the day the application has been deemed accepted for review.
(2)
Plans shall be presented by the Borough staff at the regular meeting
of the Council following the first presentation of the plan to the
Commission. Following complete review by the Commission, including
its recommendations, the Council shall place the plan on its agenda
for review and action.
(3)
The Council shall conduct reviews of plan submissions at the next
scheduled meeting only if the plan and accompanying documents were
filed in full at least 14 days prior to that meeting.
(4)
The Council shall render its decision in accordance with applicable
requirements of the MPC.
(5)
The decision of the Council shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision.
J.
Approval subject to modification or condition. The Council may approve
the preliminary plan, in whole or in part, or may subject the plan
to modifications or conditions or may disapprove the plan.
(1)
If the preliminary plan is approved subject to conditions, the applicant
shall either personally at a public meeting or in writing approve
or reject such conditions within five days of receiving notice, either
personally or in writing, of such conditions. For purposes of this
subsection, notice to a person presenting the plan on behalf of the
applicant, whether such person is the applicant himself, a relative
of the applicant, an officer of the applicant, an attorney, a surveyor,
an engineer or otherwise, shall be notice to the applicant, and such
person presenting the plan on behalf of the applicant shall be deemed
to have authority to, on behalf of applicant, accept or reject such
conditions. The failure to accept or reject such conditions within
the five-day period shall be considered to be a rejection of the same,
and conditional approval by the Council shall be automatically revoked.
The applicant shall be notified in writing within 10 days following
the expiration of the five-day period of the plan rejection; provided,
however, that failure to notify the applicant of such plan rejection
shall not constitute a deemed approval.
(2)
If the application is disapproved, the Borough or the Borough Solicitor
shall notify the applicant, in writing, of the defects in the application
and shall identify requirements which have not been met, through citing
the provisions of the statute or ordinance relied upon.
K.
Satisfaction of conditions. Within one year after the meeting of
the Council at which a preliminary plan is conditionally approved,
the applicant shall submit to the Borough evidence that the applicant
has satisfied all conditions upon approval of the preliminary plan
together with an electronic file copy, one Mylar copy, 24 inches by
36 inches, and one paper copy, 24 inches by 36 inches, of the preliminary
plan revised to reflect compliance with all conditions. Such copies
shall have all pertinent signatures, seals and certifications. Failure
to satisfy conditions or submit the required copies shall result in
the expiration of preliminary plan approval.
L.
Effect of approval.
(1)
Approval of the preliminary plan shall constitute approval of the
subdivision as to the character and intensity of development and the
arrangement and approximate dimensions of streets, lots and other
planned features, but shall not authorize sale of lots or any construction.
To change, relocate or remove a street from an approved preliminary
plan, a new plan must be submitted by the owners of the land over
which the street was laid out and be approved by the Council.
(2)
Upon approval of the preliminary plan by the Council, the streets
shown thereon shall constitute easements over the property for the
purpose of construction.
(3)
Approval of the preliminary plan shall confer upon the applicant such rights as are set forth in Article V of the MPC.
(4)
In the case of a preliminary plan calling for the installation of
improvements beyond the five-year period, the applicant shall file
a schedule with the preliminary plan delineating all proposed sections,
as well as deadlines within which applications for final plan approval
of each section are intended to be filed.
(a)
The applicant shall update said schedule annually on or before
the anniversary of preliminary plan approval until final plan approval
of the final section has been granted.
(b)
Any modification in the aforesaid schedule shall be subject
to the approval of the Council in its discretion.
(c)
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units depicted on the preliminary plan, unless
a lesser percentage is approved by the Council.
A.
When required.
B.
C.
Satisfaction of conditions. If the Council conditions its final plan
approval upon receipt of additional information, changes, or notifications,
such data shall be submitted or plan alterations noted on two paper
copies of the plan submitted to the Council for approval. Such data
shall be submitted to the Council within 180 days of its conditional
approval, unless the Council grants a waiver by extending the effective
time period.
D.
Certification. After approval by the Council and satisfaction of
conditions, five reproducible copies of the sizes and type specified
by the Recorder of Deeds shall be submitted to the Borough Secretary,
accompanied by an application for signature. The developer shall also
provide one electronic copy of the final or preliminary/final plan
in the format specified by the Borough Engineer. Final and preliminary/final
plans shall not be signed by the Council if submitted more than 90
days from the Council's final approval action unless the Council
grants a waiver extending the effective time period for approval.
E.
The entire preliminary plan need not be submitted as a final plan.
The final plan may be submitted in sections, each covering a portion
of the entire proposed subdivision shown on the preliminary plan.
The Council may determine what constitutes a logical section in keeping
with the best interests of the Borough.
F.
If the entire preliminary plan is not submitted as a final plan and
thus not approved or recorded as a final plan within one year from
the approval of the preliminary plan, the Commission shall determine,
as final plans are submitted, that conditions have or have not changed
since the time of the preliminary plan approval to require the submission
of another preliminary plan before considering the final plan for
approval.
A.
Any applicant who elects to take advantage of the sketch plan process,
will, at the applicant's option, have the right to proceed to
a preliminary/final plan and forego the preliminary plan phase/processing
requirements. Any land development that is to be phased shall be required
to have a preliminary/final plan submitted for each phase. Additionally,
applicants for approval of a lot-line change plan shall be permitted
to file a single application for preliminary/final plan approval.
B.
All plans that are filed for expedited processing shall be processed in accordance with § 240-26 herein, but shall not be required to be submitted for review as required by § 240-25. All applicants who seek expedited processing for a lot-line change plan in accordance with this section shall submit plans and documentation in accordance with the requirements of § 240-66.
The procedures set forth in this section shall apply as an alternative
to the guaranteeing of improvements through a letter of credit or
other financial security. An applicant whose improvement construction
plan is approved under this section is permitted to install all or
part of the improvements required by this chapter prior to final plan
submission.
A.
Improvement construction plan application. After an applicant has
received official notification that the preliminary plan has been
approved and the required changes, if any, have been made, an application
may be processed for an improvement construction plan. The improvement
construction plan may be submitted in sections, each section covering
a reasonable portion of the entire proposed subdivision, as shown
on the approved preliminary plan.
A.
Within the required timeframe established by § 513 of the
MPC, the final plan or preliminary/final plan shall be recorded in
the office of the Recorder of Deeds in and for Lancaster County. If
the final plan or preliminary/final is not recorded within the specified
time, the approval shall become null and void, unless the applicant
shall have obtained an extension of time from the Council in which
to record the plan. The final plan or preliminary/final plan shall
be recorded as specified before proceeding with the construction of
improvements or the sale of lots.
(1)
If the applicant desires an extension of time in which to record
the approved final plan, the applicant shall submit a request for
such an extension of time in writing to the Borough Secretary. All
such requests shall be for a maximum time period of 90 days and shall
be submitted at least one week prior to the expiration of the period
within which the plan must be recorded.
(2)
The Council shall consider all requests for extensions of time to
record approved plans at a public meeting, and the applicant shall
be notified of the Council's action.
B.
Recording the final plan or preliminary/final shall have the effect
of an irrevocable offer to dedicate all streets and other public ways
to public use and to dedicate or reserve all park reservations and
school sites and other public areas to public use, unless reserved
by the developers as hereinafter provided. The approval and subsequent
recording of the plan shall not impose any duty upon the Borough concerning
maintenance or improvement of any such dedicated streets, parks, areas
or portions of same until the Council shall have accepted the same
by ordinance or resolution.
C.
The developer may place a notation on the final plan to the effect
that there is no offer of dedication to the public of certain designated
public areas or (in unusual circumstances) streets or alleys, in which
event the title to such areas shall remain with the owner, and the
Borough shall assume no responsibility for improvement or maintenance
thereof, which fact shall also be noted on the final plan.
A.
Any redevelopment or resubdivision, including changes to a recorded
plan, shall be considered as a new application and shall comply with
all requirements of this chapter, except that changes may be made
to a recorded plan, provided that, in making such changes:
(1)
The original application shall have been made for residential purposes,
and the residential character and use of the land shall be maintained.
(2)
No lot or tract of land shall be created that does not meet the minimum
design standards required by this chapter and other applicable Borough
ordinances.
(3)
No structure shall be relocated which does not meet the minimum design
standards required by this chapter and other applicable Borough ordinances.
(4)
No increase shall be made in overall density of the development.
(5)
No easements, access drives, rights-of-way or stormwater management
facilities shall be changed.
(6)
No street locations, block sizes, or point of access onto an existing
Borough or state street shall be changed.
B.
In every case where a plan alteration conforms to the above, the
applicant shall:
(1)
Submit to the Borough Secretary two paper copies of the revised final
plan, one electronic copy, and one application form. Upon review of
the revision, the Borough Secretary shall notify the applicant, in
writing, whether or not the revision complies with the above requirements.
(2)
If the revision complies, the applicant shall prepare two plans,
which shall specifically identify the alterations to the previously
recorded plan.
