Township of West Manheim, PA
York County
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Table of Contents
Table of Contents

§ 235-6 General procedures.

A. 
The procedures set forth in this article shall be followed for all subdivision and/or land development plans. All submissions made pursuant to this chapter shall be mailed or delivered to the Township Municipal Building unless this chapter directs that a submission be made to another entity or location. Copies of all Township forms may be obtained at the Township Municipal Building during normal business hours.
B. 
The Township Planning Commission, Township Engineer, Township staff, various Township officials, and York County Planning Commission are advisory to the Board of Supervisors.
C. 
The sketch plan review specified in § 235-9 is voluntary. Applicants are urged, but not required, to discuss possible development sites and plans with the Township Staff Review Committee and Planning Commission while the proposal is at an early stage.
D. 
The preliminary plan application specified in §§ 235-11 through 235-16 is mandatory for residential land development involving more than four units whether initially or cumulatively from September 5, 1996, and subdivision involving new streets, alleys, public or joint use sanitary sewer facilities, public or joint use water supply facilities, stormwater detention/retention basins. In general, the purpose of the preliminary plan is to review design and construction plans. Approval of the preliminary plan authorizes the preparation of final plans as stated in § 235-17B, and the construction of public/private improvements.
E. 
The final plan application specified in § 235-18 is mandatory for all subdivision and/or land development plans. In general, the purpose of the procedure is to review detailed design and construction plans, and receive assurance of public improvements. Approval of the final plan authorizes the recording of the plan, the construction of public/private improvements, and the selling of the land.
F. 
Preliminary and final plans shall be prepared by an engineer, surveyor, and/or a landscape architect registered in the Commonwealth of Pennsylvania to perform such duties. Metes and bounds descriptions shall be prepared by surveyors, and designs which entail engineering expertise shall be prepared by professional engineers.

§ 235-7 Conservation subdivision design option.

In addition to the standard subdivision design options described in this chapter, West Manheim Township has decided to implement the option of utilizing the Conservation Subdivision Overlay District to incorporate the methods that have recently been introduced to the land development industry. The ideas, concepts, regulations and guidelines for the Conservation Subdivision Overlay District are detailed in Part 6 of Chapter 270, Zoning, of the Code of the Township of West Manheim.
A. 
As stated in Part 6 of Chapter 270, Zoning, the Conservation Subdivision Overlay District requirements shall apply to all tracts of land consisting of 15 acres (gross) upon which new residential subdivisions are created after the effective date of this chapter in the following underlying zoning districts:
(1) 
Residential (R); and
(2) 
Rural Resource (RR).
B. 
For all tracts of land consisting of less than 15 acres (gross) upon which new residential subdivisions are created after the effective date of this chapter, the conservation subdivision design shall be optional.
C. 
The sections of this chapter regarding the plan submission process (Article III), the plan requirements (Article IV), and the construction standards (Article V), will address the conservation subdivision method by listing the additional requirements at the end of each article.

§ 235-8 Preapplication consultation.

Copies of this chapter shall be available on request for the use of any person who desires information concerning subdivision and land development standards and procedures in effect within the Township. Any prospective applicant may request a meeting with the Township staff and Planning Commission to discuss and review tentative plans and/or the provisions of this chapter.

§ 235-9 Sketch plan.

A. 
Where a land development plan includes improvements, the developer may submit a sketch plan to the Planning Commission in accordance with the provisions of Article IV, § 235-32.
B. 
A sketch plan will be considered as submitted for informal review and discussion and shall not constitute formal filing of the plan with the Township.
C. 
As far as may be practical on the basis of the sketch plan review and discussion, the Township will informally advise the developer as promptly as possible of the extent to which the proposed land development conforms to Article V, Design and Construction Standards, of this chapter, and will discuss possible plan modifications necessary to secure conformance.

§ 235-10 Minor subdivision or land development plans.

A. 
A subdivision or land development plan may be reviewed and acted upon as a final plan without the necessity of a prior preliminary plan approval if it contains no more than four lots or prospective dwelling units, and proposes no public improvements.
B. 
Such determination shall be made by the Township staff after receipt of a written request for waiver of the requirement for a preliminary plan and a meeting to review the proposed plan.

§ 235-11 Submission of plans.

The plan submission process shall be as follows:
A. 
Applications for approval of preliminary and final plans for all proposed land developments lying within the Township may be filed with the Township Secretary on any business day.
(1) 
However, to be reviewed by the Township that month, plans must be received by the first Thursday of every month. Such submission of plans shall be accompanied by a fee as specified in § 235-108.
(2) 
The applicant shall submit the following for all preliminary and final plans: two plans drawn on Mylar material; 10 copies of blue or black line paper prints; and two copies of the required supporting data. The plans shall also be submitted electronically on a CD in a form specified by the Township (PowerPoint, CAD, GIS, etc.). Preliminary or final plans shall comply with the requirements of Article IV.
(3) 
Any incomplete application submittal shall not be accepted. All applicants shall complete and submit the application contained in Appendix 1.[1]
[1]
Editor's Note: Appendix 1 is on file in the Township offices.
(4) 
The Township agent shall, within seven days from the date of submission of an application, determine if the application is complete in accordance with § 235-11. This determination shall not constitute approval or disapproval of the plan and application but is rather a determination of administrative completeness. If the application is found to be incomplete, the Township agent shall notify the applicant, in writing, that the submitted application is incomplete and does not constitute a formal application and shall note the deficiencies. The formal review period as specified by §§ 235-16 and 235-22 and the Pennsylvania Municipalities Planning Code[2] shall not begin until an administratively complete application has been received by the Township.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The applicant is responsible for providing the Township Engineer, by the first Thursday of every month, with one paper copy of the plan and all required supporting data. Documentation shall be provided to the Township which proves that the Engineer has received the plans.
C. 
The applicant is responsible for providing the York County Planning Commission, by the first Thursday of every month, with one paper copy of the plan, one copy of the traffic impact study and all required supporting data. All fees required by the YCPC, including traffic impact study fees, shall be paid at this time. Documentation shall be provided to the Township which proves that the YCPC has received the plans.
D. 
The applicant is responsible for providing the following agencies with plans if required by the West Manheim Township staff:
(1) 
One copy shall be transmitted to the local office of the Pennsylvania Department of Environmental Protection for review and comment.
(2) 
One copy shall be transmitted to the local office of the Pennsylvania Department of Transportation for review and comment and mapping of dedicated streets.
(3) 
One copy shall be transmitted to all affected public utilities that may be requested to make recommendations as to the suitability of installing underground services.
(4) 
One copy shall be transmitted to the Natural Resource Conservation Service of the United States Department of Agriculture and/or the York County Conservation District for review and comment.
E. 
The Township will hold an "in-house" review, at a time scheduled by the Township, during the month of the plan submission. During this meeting, the applicant will be able to review its plan with the Township Zoning Officer, the Township Engineer, the York County Planning Commission, and any other party that may have input on the layout of the plan. This review will allow for open conversation about Township comments and applicant concerns before the plan is to be reviewed by the West Manheim Township Planning Commission. The applicant or applicant's engineer must be present for the plan to be reviewed at this time.
F. 
Following the in-house review, the applicant will be able to revise its plan and address any comments or concerns that were discussed. The revised plan will be able to be reviewed by the Planning Commission the month following the in-house review or the first month after the applicant has addressed all of the comments to the satisfaction of the Township Engineer. In order to be on the agenda for the Planning Commission meeting, the revised plan shall be due to the Township by the first Thursday of that month.
G. 
The Planning Commission will conduct its review of the plan at its regularly scheduled meeting. The applicant or applicant's engineer must be present for the plan to be reviewed at this time.
H. 
The West Manheim Board of Supervisors will have the plan on the agenda for the first meeting following review and official recommendation of the plan by the Planning Commission. If all comments have been satisfactorily addressed at this time, the Township Board of Supervisors will take action on the plan.

§ 235-12 Supporting data required with preliminary plan. [1]

The following supporting data shall be submitted with the preliminary plan:
A. 
A feasibility report for sewer and water supply and facilities for the proposed land development as described in § 235-35, along with the recommendations of the local office of the Pennsylvania Department of Environmental Protection.
B. 
A hydrogeologic and groundwater assessment report as described in § 235-36.
C. 
An erosion and sedimentation control plan as described in § 235-37.
D. 
A traffic impact study as described in § 235-39.
E. 
An environmental impact assessment report as described in § 235-40.
F. 
A stormwater drainage report as described in § 235-41.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 235-13 Preliminary plan referrals.

The Township Manager shall distribute copies of the preliminary plan and supporting data to other official public agencies for review and recommendation as follows:
A. 
One copy shall be transmitted to the Township Planning Commission for review and comment. This copy shall be retained by the Secretary of the Planning Commission for record.
B. 
One copy shall be transmitted to the Emergency Management Committee for review and comment.

§ 235-14 Review of preliminary plan by Planning Commission.

All preliminary plans shall be subject to a recommendation for approval, modification or rejection by the Planning Commission prior to final action by the Board of Supervisors. Upon receipt of data required by this chapter, the Planning Commission shall, alone or jointly with the Board of Supervisors, review the preliminary plan with reference to the following:
A. 
The standards and requirements of this chapter.
B. 
Information received pursuant to plan referrals under § 235-13.
C. 
The requirements of Chapter 270, Zoning, the Official Map and other applicable ordinances.
D. 
Any proposals contained in the Township Comprehensive Plan, public improvements plans or other adopted plans.
E. 
Site suitability for the particular type of development proposed.
F. 
The availability of necessary services and public facilities.
G. 
Review comments by the Township Engineer, the York County Planning Commission, and the Emergency Management Committee.

§ 235-15 Planning Commission's action on preliminary plan.

A. 
Upon review, the Planning Commission shall make recommendations to the Board of Supervisors as to the approval, conditional approval or disapproval of said preliminary plan as submitted. Such action shall take place at a regularly scheduled meeting of the Planning Commission or at a special meeting.
B. 
The Township Manager and Board of Supervisors shall be notified within 15 days, in writing, as to the action of the Planning Commission.
C. 
If the plan is recommended for approval or disapproval, reasons for such action shall be noted in the letter to the Township Manager and Board of Supervisors, along with necessary changes and/or additions to the final plan.
D. 
If in the event that the Planning Commission fails to act on and make recommendations regarding the preliminary plan, such failure to act shall be interpreted by the Board of Supervisors as indicating a favorable review.

§ 235-16 Final review of preliminary plan.

A. 
Following formal action by the Planning Commission, the Board of Supervisors shall proceed alone or jointly with the Planning Commission with final review of the preliminary plan.
B. 
The Board of Supervisors may approve the plan in whole or in part or subject the plan to modifications or conditions or disapprove the plan.
C. 
When a preliminary plan is not approved in terms as filed, the decision shall specify the defects found in the plan and describe the requirements which have not been met and in each case cite the provisions of the statute or ordinance relied upon.
D. 
The Board of Supervisors shall render a decision concerning the preliminary plan and communicate it, in writing, to the applicant within the time limits established in the Pennsylvania Municipalities Planning Code, as amended.[1] If the approval of the plan is conditional, the applicant shall indicate his agreement to the conditions at the time of approval by signing a form, in the presence of the Board of Supervisors, prepared by the Township listing the conditions imposed. A copy of the applicant's acceptance of the conditions shall be attached to the written decision of the Board of Supervisors. The decision shall be transmitted to the applicant by hand or by mail to the applicant's last known address. Failure of the applicant to agree to the conditions imposed shall be a denial of the plan by the Board, and the decision shall comply with the requirements of Subsection C of this section.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and manner required shall be deemed as a final approval of the preliminary plan unless the applicant has agreed, in writing, to extend the time for approval, in which case failure to meet the extended deadline shall have like effect.
F. 
From the time a plan is submitted as provided in this chapter and while such plan is pending approval or disapproval, no change or amendment of Chapter 270, Zoning, or this chapter or other Township ordinance or plan shall affect the decision on such plan adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the Township ordinances or plans as they stood at the time the application was duly submitted.

§ 235-17 Approval of preliminary plan.

A. 
Approval of the preliminary plan by the Board of Supervisors constitutes conditional approval of the subdivision or land development as to the character and intensity of development, the general layout and the approximate dimensions of streets, lots and other planned features. This approval binds the applicant to the general scheme shown on the preliminary plan.
B. 
Approval of the preliminary plan shall not constitute approval of the final plan, nor does it authorize recording of the preliminary plan, the sale of any lots or agreements to sell lots; however, such approval does authorize the applicant to proceed with preparation of the final plan, installation and/or construction of improvements as specified in Article VI of this chapter.

§ 235-18 Submission of final plan.

A. 
The submission of the final plan shall follow all requirements of the preliminary plan submission as specified in § 235-11.
B. 
Submission of the final plan shall take place within five years after the approval of the preliminary plan by the Supervisors. If the applicant does not submit the final plan during that time, the approved preliminary plan becomes null and void. However, the applicant may, due to extenuating circumstances, apply for and receive a time extension from the Board of Supervisors upon recommendation of the Planning Commission.

§ 235-19 Final plan referrals.

The Township Manager shall distribute copies of the final plan and supporting data to other official public agencies for review and recommendation as follows:
A. 
One copy shall be transmitted to the Township Planning Commission for review and comment. This copy shall be retained by the Secretary of the Planning Commission for record.
B. 
One copy shall be transmitted to the Emergency Management Committee for review and comment.

§ 235-20 Review of final plan by Planning Commission.

The Planning Commission shall, alone or jointly with the Board of Supervisors, review the final plan with reference to the following:
A. 
The standards and requirements of this chapter.
B. 
Other pertinent data, including engineering plans, maps, profiles, documents and specifications and conditions which were agreed upon at the time of the preliminary plan review.
C. 
Any proposals contained in the West Manheim Township Comprehensive Plan, public improvement plans or other adopted plans.
D. 
Review comments by the Township Engineer, the York County Planning Commission, and the Emergency Management Committee.

§ 235-21 Planning Commission's action on final plan; submission of plan in stages.

A. 
Upon review, the Planning Commission shall make recommendation to the Board of Supervisors as to the approval, conditional approval or disapproval of said final plan as submitted. Such action shall take place at a regularly scheduled meeting of the Planning Commission or at a special meeting.
B. 
The Township Manager and Board of Supervisors shall be notified within 15 days, in writing, as to the action of the Planning Commission.
C. 
If the plan is recommended for approval or disapproval, reasons for such action shall be noted in the letter to the Township Manager and Board of Supervisors, along with necessary changes and/or additions to the final plan.
D. 
In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of the final plans by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

§ 235-22 Final review and determination of final plan.

A. 
Following formal action by the Planning Commission, the Board of Supervisors shall proceed alone or jointly with the Planning Commission with final review of the final plan.
B. 
The Board of Supervisors may approve the plan in whole or in part, or may disapprove the plan.
C. 
When a final plan is not approved in terms as filed, the decision shall specify the defects found in the plan and describe the requirements which have not been met and in each case cite the provisions of the statute or ordinance relied upon.
D. 
The Board of Supervisors shall render a decision concerning the final plan and communicate it, in writing, to the applicant within the time limits established in the Pennsylvania Municipalities Planning Code,[1] as amended. If the approval of the plan is conditional, the applicant shall indicate his agreement to the conditions at the time of approval by signing a form prepared by the Township listing the conditions imposed. A copy of the applicant's acceptance of the conditions shall be attached to the written decision of the Board of Supervisors. The decision shall be transmitted to the applicant by hand or by mail to the applicant's last known address. Failure of the applicant to agree to the conditions imposed shall be a denial of the plan by the Board, and the decision shall comply with the requirements of Subsection C of this section.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and manner required shall be deemed as a final approval of the final plan unless the applicant has agreed, in writing, to extend the time for approval, in which case failure to meet the extended deadline shall have like effect.

§ 235-23 Approval of final plan.

A. 
Approval of the final plan by the Board of Supervisors constitutes final approval of the subdivision or land development as to the character and intensity of development, the layout and the dimensions of streets, lots and other planned features. The approval binds the applicant to the scheme shown on the final plan and the conditions imposed by the Board of Supervisors if approval was conditional and the applicant has agreed to the conditions. The plan shall not be signed by the Board of Supervisors until all conditions are complied with.
B. 
Final plan approval authorizes the recording of the final plan. Final plan approval and recording authorizes the applicant to apply for permits and sell lots.

§ 235-24 Procedure after approval of final plan.

A. 
The Township will hold the approved tracing of the final plan until:
(1) 
All improvements shown on the final plan and supporting plans and documents have been certified by the Township Engineer as being completed in accordance with Township specifications; or
(2) 
A performance bond and guarantee has been satisfactorily provided in an amount determined by the Township Engineer to be adequate to complete specified improvements; and
(3) 
All required fees are paid by the developer.
B. 
The Township will obtain, at the owner's expense, three prints and two Mylars of the approved final plan.
C. 
Upon the approval of a final plat, the Township shall, within 90 days of such final approval or 90 days after the date of delivery of an approved plat signed by the Board of Supervisors, following completion of conditions imposed for such approval, whichever is later, record such plat in the office of the York County Recorder of Deeds. Whenever such plat approval is required by West Manheim Township, the York County Recorder of Deeds shall not accept any plat for recording, unless such plat officially notes the approval of the Board of Supervisors and review by the Township Planning Commission and York County Planning Agency, if one exists.
(1) 
All costs associated with the recording of the plans will be reimbursed to the Township by the applicant.
D. 
The recording of the final plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.

§ 235-25 Fees. [1]

The Township Board of Supervisors shall set fees, payable in advance, for review of plans.
A. 
Such review fees may include reasonable and necessary charges by the Township's professional consultants for review and report thereon to the Township.
B. 
Such review fees shall be reasonable and in accordance with the ordinary and customary for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the professional consultant for comparable services to the municipality for services which are not reimbursed or otherwise imposed on applicants.
C. 
Such fees shall be based upon a schedule adopted by resolution of the Township Board of Supervisors upon enactment of this chapter, or as such schedule may be amended. A copy of said fee schedule shall be available for review at the Township office.
D. 
Fees charged to the Township relating to any appeal of a decision on an application shall not be considered review fees and may not be charged to an applicant.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See also § 235-80, Fees for inspection of improvements, § 235-108, Fees.

§ 235-26 Disputes over fees. [1]

A. 
In the event the applicant disputes the amount of any such review fees, the applicant shall, no later than 100 days after the date of transmittal of the bill to the applicant, notify the Township and the Township's professional consultant of such fees that are disputed and shall explain the basis of their objections to the fees charged, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant’s dispute over fees. Failure of the applicant to dispute a bill within 100 days shall be a waiver of the applicant's right to arbitration of that bill under 53 P.S. § 10510(g).
B. 
In the event that the Township’s professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution as set forth in 53 P.S. § 10510(g), provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 235-27 Public hearings.

Before acting on any land development plan, the Board of Supervisors may hold a public hearing thereon pursuant to public notice.

§ 235-28 Changes in provisions.

A. 
From the time an application for approval of a plan, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of Chapter 270, Zoning, this chapter or other governing ordinance or plan shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
B. 
When an application for approval of a plan, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in this chapter or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
C. 
Where final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
D. 
Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid five-year limit, or any extension thereof as may be granted by the Township Board of Supervisors, no change of municipal ordinance or plan enacted subsequent to the date of filing of the preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to zoning classification or density, lot, building, street or utility location.
E. 
In the case of a preliminary plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plan delineating all proposed phases as well as deadlines within which applications for final plan approval of each phase are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plan approval, until final plan approval of the final phase has been granted. Any modification in the aforesaid schedule shall be subject to approval of the Township Board of Supervisors in its discretion.
F. 
Each phase in any residential subdivision or land development, except for the last phase, shall contain 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 Township Board of Supervisors in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plan approval, including compliance with the landowner's aforesaid schedule of submission of final plans for the various phases, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within five years shall apply. For any phase or phases, beyond the initial phase, in which the required improvements have not been substantially completed within said five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plan approval for each phase.
G. 
Failure of the landowner to adhere to the aforesaid schedule of submission of final plans for the various phases shall subject any such phase to any and all changes in Chapter 270, Zoning, this chapter and other governing ordinance enacted by the Township subsequent to the date of the initial preliminary plan submission.

§ 235-29 Waiver or modification of requirements.

A. 
When the literal compliance to the provisions of this chapter is demonstrated, to the satisfaction of the Township Board of Supervisors, to potentially be regarded as unreasonable, to cause undue hardship, or when an alternative standard can be demonstrated to provide an equal or better result, a modification or waiver may be granted.
(1) 
The applicant and the Board shall first attempt to seek a modification, rather than a complete waiver of the subject provision. A modification shall also be used when newer, more ingenious standards are available for the layout and design of subdivisions and land developments, or for encouraging other practices which are in accordance with modern and evolving principles of site planning and development. It is the applicant's responsibility to demonstrate that the requested modification or waiver is in fact the minimum relief necessary and appropriate.
(2) 
Generally, modifications or waivers should be requested at the initial time of plan submission to avoid the occurrence of having the Board grant conditional approval, and then having the applicant seek relief from having to adhere to those commitments and conditions.
B. 
A modification or waiver may be approved by the Board when the applicant is able to provide a clear, compelling and convincing basis that:
(1) 
The literal enforcement of a requirement is unreasonable due to the potential adverse impacts on the environment, public health, safety, welfare, or the costs are grossly disproportionate to the public benefit.
(2) 
The requirement will exact an undue hardship (not solely financial) by reason of a peculiar condition that pertains to a specific proposal or site, in that adherence will have a significant negative impact on the ability to develop and use the site.
(3) 
The existing standard is deemed outmoded or obsolete, and an alternative standard exists that is deemed equal or better.
(4) 
The modification or wavier will not be contrary to the public interest.
(5) 
The modification or waiver is consistent with the purpose and intent of this chapter.
(6) 
The modification or waiver is consistent with § 235-2 of this chapter.
C. 
Application requirements.
(1) 
All requests must be in writing, and shall be noted on the application form. A minimum of three copies per each section or specific relief sought shall be submitted. If any of this information was submitted with an approved preliminary plan, it need not be submitted with the application for final plan.
(2) 
One copy of each request shall be distributed to the Township Engineer, the Township Planning Commission, and the Board of Supervisors.
(3) 
Where necessary, a sketch plan, as well as any other supporting calculations, documents, examples, or studies, shall also be submitted.
D. 
Review of a waiver request.
(1) 
All requests shall first be reviewed by the Township staff and the Township Engineer. If necessary, other Township officials may be asked to review the request. Secondly, the Township Planning Commission shall review the request and make a recommendation to the Board of Supervisors.
(2) 
A review of the request shall determine its conformance with the standards contained in this chapter, as well as other applicable ordinances. Review comments shall cite any applicable ordinance regulations and include any suggestions. The review shall recommend to the Board of Supervisors whether the requested relief be approved, or disapproved.
E. 
Ruling on the waiver.
(1) 
The Township Board of Supervisors shall consider and act upon requests for relief at a regularly scheduled meeting of the Board.
(2) 
A formal hearing shall not be required. However, the applicant or any interested party may request a hearing upon agreement to pay for the public notice and stenographic costs thereof.
(3) 
At any meeting or hearing, the applicant or his representative shall present evidence in support of the request, assuming that the Township Engineer or staff has already had a reasonable opportunity to thoroughly review the request and supporting data.
(4) 
The Township Board of Supervisors, after hearing the evidence and considering the application, may grant or deny the relief.
(5) 
The Board shall also have the authority to attach such other reasonable conditions in granting the modification or waiver to ensure that the intent and purpose of this chapter, as well as other governing ordinances or laws, are maintained.
(6) 
A note shall be placed on the plan citing the approved modification or waiver, the date granted, and any associated conditions.

§ 235-30 Resubdivision.

For any replatting or resubdivision of land, the same procedures and regulations apply as prescribed for an original land development. The plan shall indicate by title that any change is a "revised final plan" and refer to the original final plan number and date of original approval.

§ 235-31 Conservation subdivision plan submission requirements.

In addition to the plan submission requirements described in Article III above, the following requirements shall be met when submitting a land development plan for a conservation subdivision as defined in § 235-7.
A. 
A diagrammatic sketch plan is strongly encouraged for all proposed subdivisions utilizing the Conservation Subdivision Overlay. (See Part 6, Article XII, of Chapter 270, Zoning.) The procedures for submission of a diagrammatic sketch plan are described in Subsection F, below, and may be altered only at the discretion of the Township.
B. 
A preapplication meeting is encouraged between the applicant, the site designer, and the Planning Commission (and/or its planning consultant), to introduce the applicant to the Township's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings and plan submissions as described below. Applicants are also encouraged to present the existing resources and site analysis plan at this meeting.
C. 
Applicants shall submit an existing resources and site analysis plan, in its context, prepared in accordance with the requirements contained in § 235-38C(2). The purpose of this key submission is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for them in making a site inspection. This plan shall be provided prior to or at the site inspection, and shall form the basis for the development design as shown on the diagrammatic sketch plan (or on the preliminary plan, if the optional sketch plan is not submitted).
D. 
After preparing the existing resources and site analysis plan, applicants may arrange for a site inspection of the property by the Planning Commission and other municipal officials, and shall distribute copies of said site analysis plan at that on-site meeting. Applicants, their site designers, and the landowner are encouraged to accompany the Planning Commission.
(1) 
The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated greenway lands (if applicable), and potential locations for proposed buildings and street alignments. Comments made by municipal officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made at the site inspection.
E. 
Following the site inspection and prior to the submission of a diagrammatic sketch plan, the applicant shall meet with the Planning Commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design procedure described in §§ 235-38D and 235-67B of this chapter, where applicable. At the discretion of the Commission, this conference may be combined with the site inspection.
F. 
The sketch plan shall be submitted in accordance with the requirements set forth in § 235-32 and based closely upon the information contained in the existing resources and site analysis plan. The sketch plan shall also be designed in accordance with the four-step design process described in § 235-38D and Article V.
G. 
The preliminary plan shall be submitted in accordance with the requirements set forth in § 235-11. The preliminary plan shall include all information listed in § 235-33, specifically including the existing resources and site analysis plan.
H. 
The existing resources and site analysis plan shall be presented at the preapplication meeting, and distributed to those municipal officials who attend the site inspection described in § 235-31D (which shall occur at the preliminary plan stage if it has not already occurred at the sketch plan stage).
I. 
A detailed final plan shall be submitted in accordance with § 235-18. The detailed final plan shall conform to the requirements set forth in § 235-34. It shall also conform to the conceptual preliminary plan as previously reviewed by the Planning Commission and the Board, and shall incorporate all conditions set by the municipality in its approval of the conceptual preliminary plan.