Township of Conewago, PA Background Provisions

The purpose of this chapter is to provide for the harmonious development of the Township by:

Assisting in the orderly and efficient integration of land developments within the Township.

Ensuring that the arrangement and design of subdivisions and land developments conform to the Comprehensive Plan, the Official Sewage Facilities Plan, Chapter 155, Zoning, and all other ordinances, codes, regulations, plans, and maps adopted in furtherance thereof.

Promoting and protecting the health, safety and welfare of the Township.

Assuring sites are suitable for construction purposes, human habitation and intended use.

Facilitating and accommodating prospective pedestrian and vehicular movement, fire protection, life safety, and other essential services through a coordinated system and design of streets.

Ensuring the coordination and conformity of subdivision and land development plans with the public improvement plans of the Township regarding such facilities as streets, utilities, and other facilities and improvements.

Establishing a uniform and equitable procedure for the review and processing of subdivision and/or land development plans.

Establishing standards to ensure that developments are environmentally sound, by requiring preservation of existing natural features to the greatest possible extent in areas affected by excavation, construction or other land development activities.

Establishing minimum standards for the design and construction of improvements which aid in the use and enjoyment of land, such as streets, sidewalks, adequate drainage, and water and sanitary sewer facilities, and which would aid in precluding adverse environmental effects, such as sedimentation, soil erosion, soil contamination, flooding, deforestation, water pollution, and air pollution.

Establishing standards for the administration of this chapter.

This chapter shall apply to all subdivision and land development plans submitted after the effective date of this chapter and to all subdivision and land development plans submitted before the effective date of this chapter which no longer have protection from the effect of changes in governing ordinances granted by Section 508(4) of the Pennsylvania Municipalities Planning Code.[1]

[1]

Editor's Note: See 53 P.S. § 10508(4).

From the time an application for approval, whether preliminary or final plan, is duly filed, as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of Chapter 155, Zoning, 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 plan application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary plan 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.

When an application for approval, whether preliminary or final plan, has been approved without conditions, or approved by the applicant's acceptance of conditions, no subsequent change or amendment in Chapter 155, Zoning, 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.

The five-year period shall be extended for the duration of any litigation, including appeals, which prevents the commencement or completion of the development and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary plan approval. In the event of an appeal filed by any party from the approval or disapproval of a plan, the five-year period shall be extended by the total time from the date the appeal was filed, until a final order in such matter has been entered and all appeals have been concluded, and any period for filing appeals or requests for reconsideration have expired; provided, however, no extension shall be based upon any water or sewer moratorium which was in effect as of the date of the filing of a preliminary plan application.

Where final plan approval is preceded by preliminary plan 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 plan approval, the terms shall be construed in the 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.

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 Board of Supervisors, no change of governing 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.

In the case of a preliminary plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed with the preliminary plan delineating all proposed sections, as as deadlines within which applications for final plan approval of each section are intended to be filed. Such schedule shall be updated annually on or before the anniversary of the preliminary plan approval, until final plan approval of the last section has been granted. Any modification in the aforesaid schedule shall be subject to approval by the Board of Supervisors in its discretion.

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, as depicted on the preliminary plan, unless a lesser percentage is approved by the 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 schedule for submission of final plans, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within five years shall apply, and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period. This extended protection shall apply for an additional term or terms of three years from the date of final plan approval for each section.

Failure to adhere to the aforesaid schedule of submission of final plans for sections of the development shall subject any such development section to changes in Chapter 155, Zoning, this chapter, and other governing ordinances or plans enacted by the Township subsequent to the date of the initial preliminary plan submission.

This chapter shall not affect any suit or prosecution pending or to be instituted to enforce any provision of previous subdivision and land development ordinances on an act done, contract executed, or liability incurred prior to the effective date of this chapter, nor shall any provisions of this chapter be construed to waive the obligations imposed upon an applicant to complete a previously approved preliminary or final plan, including the installation of all improvements required hereunder, in strict compliance with the requirements of this chapter.

No street, sanitary sewer, storm sewer, water main, or other facilities in connection therewith shall be laid out, constructed, opened, or dedicated for public use or travel, or for the common use of occupants of buildings thereon, unless and until authorized by this chapter.

No lot in a subdivision may be sold, no permit to erect or alter any building upon land in a subdivision or land development may be issued, and no building may be erected or altered in a subdivision or land development unless and until a final plan has been approved by the Board of Supervisors and recorded and until the improvements required in connection therewith have been either constructed or guaranteed in a manner prescribed herein. This chapter does not impose any requirements upon subdivision or land development plans for which the Township is the applicant.

All subdivision and land development plans are subject to all other applicable ordinances, regulations and requirements of the Township.