This article sets forth the application and processing requirements for obtaining approval of subdivision and land developments. The form of the various plans referred to in this article and information required to be forwarded with such plans shall be as specified in Article
IV.
Whenever Chapter
425, Zoning, provides that the use proposed by the applicant for subdivision or land development approval shall constitute a use by special exception or conditional use, or when a variance from the terms of Chapter
425, Zoning, is required to develop in accordance with the plan, the applicant shall obtain such special exception, variance or conditional use approval from the Township Zoning Hearing Board or Board of Supervisors, as applicable, prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception, variance or conditional use by the Township Zoning Hearing Board or Board of Supervisors, as applicable.
All applications, except sketch plans as provided hereafter,
shall follow these application and processing requirements:
A. Formal application/submission deadlines. All applications for approval
of a subdivision plan, land development plan or lot add-on plan shall
be made by the developer filing an application form, to be supplied
by the Township, together with the appropriate plans, studies, reports,
supporting data, and required filing fee, with the Township. Applications
may be filed with the Township on any business day; however, the Planning
Commission may review a plan at a particular meeting only if the plan
was filed at least 15 business days prior to that meeting.
B. Application requirements. All plan applications shall include the
following:
(1)Â Three copies of the plan(s). All plans shall be either black-on-white or blue-on-white paper prints and prepared in conformance with the provisions of Article
IV of this chapter.
(2)Â Three copies of all notifications and certifications required by Article
IV either by providing them on the preliminary plan or as separate documents.
(3)Â Three copies of the application form and three copies of the plan
content checklist as provided in the Appendix.
(4)Â Filing and review escrow fees in the amounts as specified on the
fee schedule adopted by resolution of the Board of Supervisors and
available at the Township Office.
(5)Â Three copies of any variance, special exception or conditional use
decisions applicable to the site.
(6)Â Three copies of all reports required by Article
IV.
(7)Â One electronic copy (PDF format) of the information required by the items in Subsection
B(1) through
(3),
(5) and
(6) of this section.
(8)Â Documentation that the plans have been properly filed with the Lancaster
County Planning Commission, as well as any and all other required
approving agencies (local, state, and federal agencies, water and
sewer authorities, utilities, etc.).
(9)Â The applicant shall provide the Township with 12Â half-size copies
of the most current plan at least 15 business days before the plan
is scheduled for the initial review by the Planning Commission or
the Board of Supervisors.
C. Initial application. The Township staff shall have seven business
days from the date of submission of an application to check the plans
and documents to determine if they are in proper form and contain
all information required by this chapter. If defective, the application
shall be returned to the applicant with a statement explaining the
reason(s) of rejection, within 12 business days following the date
of submission by the applicant; otherwise, it shall be deemed accepted
for filing as of the date of submission. Acceptance for filing shall
not, however, constitute a waiver of any deficiencies or irregularities.
Under this section, the applicant may appeal a decision by the Township
staff to the Board of Supervisors.
D. Amendments or corrections to an application. The Township staff shall
have seven business days from the date of submission of an amended
or corrected application or plan to determine whether such amended
or corrected application results in a substantial amendment to the
plan or if the application or plan filed changed so as to be considered
a new plan. If the Township staff determines that the amended or corrected
application constitutes a substantial amendment, the applicant shall
be informed of the determination within 12 business days from the
date of the submission of the amended or corrected application, and
the Township staff shall further inform the applicant that the Township
shall consider the ninety-day review procedure to have been restarted
as of the date of the filing of the substantial amendment. If the
Township staff determines that the amended or corrected application
constitutes a new plan, the Township shall so inform the applicant
and shall inform the applicant that a new application and new fees
are required. Under this section, the applicant may appeal a decision
by the Township staff to the Board of Supervisors.
E. Plan review process.
(1)Â Review by the Township staff and consultants.
(a)Â
The Township Zoning Officer and any Township personnel as directed by the Board of Supervisors shall review the application documents to determine if they are in compliance with this chapter, Chapter
425, Zoning, the Comprehensive Plan, the Township's planning objectives, and accepted planning standards. These personnel shall provide comments and recommendations, including written findings when directed by the Board.
(b)Â
The Township Engineer and/or other consultants designated by
the Board of Supervisors shall review the application documents to
determine compliance with this chapter, and any other applicable Township
ordinances, Township standards and good engineering practices. The
Engineer shall prepare a written report of findings and recommendations,
which shall be presented to the Township and the applicant.
(c)Â
Compliance submission. All resubmissions for approval of a subdivision
plan, land development plan or lot add-on plan shall be made by the
developer and supplied to the Township and the Township Engineer,
together with the appropriate plans, studies, reports, supporting
data (and required filing fee, if any). Resubmissions may be filed
with the Township on any business day; however, the Planning Commission
will review a plan at a particular meeting only if the plan was filed
with the Township and the Township Engineer at least eight business
days prior to that meeting. The resubmission shall include eight half-size
copies of the most current plan and one electronic copy (PDF format)
at least eight business days before the plan is scheduled for review
by the Planning Commission or the Board of Supervisors.
(2)Â Briefing item.
(a)Â
At the plan's first presentation to the Planning Commission,
no action will be taken on any application. The plan will be presented
by the Township staff as a briefing item for introduction to the Planning
Commission and for general comments. The applicant and or their representative
are not required to attend this meeting.
(b)Â
If recommended by the Planning Commission, plans will be presented
by the Township staff as a briefing item at the regular meeting of
the Board of Supervisors, following the first presentation of the
plan as a briefing item to the Planning Commission. The applicant
and or their representative are not required to attend this meeting.
(3)Â Planning Commission review. The Planning Commission will review the
application with the developer or his agent at a regular meeting following
the meeting where the application was introduced to the Planning Commission
as a briefing item, and after comments are received from the Lancaster
County Planning Commission. The Planning Commission will review the
application to determine if it meets the standards set forth in the
Township's ordinances. The application shall then be submitted
by the Planning Commission, together with its analysis and recommendations,
including those of the Township staff and Engineer, to the Board.
(4)Â Board review process.
(a)Â
Generally, following review and recommendation by the Planning
Commission, the Board of Supervisors will place the plan on its agenda
for review and action.
(b)Â
All applications for approval of a plan, whether preliminary
or final, shall be acted upon by the Board. The Board shall render
its decision and communicate it to the applicant not later than 90
days following the date of the regular meeting of the Planning Commission
next following the date the application is filed, provided that should
said next regular meeting of the Planning Commission occur more than
30 days following the filing of the application, said ninety-day period
shall be measured from the 30th day following the day the application
has been filed.
(c)Â
Notification of Board of Supervisors action. The decision of
the Board shall be in writing and shall be communicated to the applicant
personally or mailed to the applicant's last known address not later
than 15 days following the decision.
[1]Â
When the application is not approved in terms as filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the chapter relied upon.
[2]Â
Failure of the Board to render a decision and communicate it
to the applicant within the time and in the manner required herein,
unless a greater period of time has been authorized by the Municipalities
Planning Code, shall be deemed an approval of the application in terms
as presented, unless the applicant has agreed in writing to an extension
of time or change in the prescribed manner or presentation of communication
of the decision; in which case, failure to meet the extended time
or change in manner of presentation of communication shall have the
like effect.
(d)Â
Compliance with the Board of Supervisors action. If the Board
conditions its plan approval upon receipt of additional information,
changes and/or notifications, such data shall be submitted and/or
alterations noted on two copies of the plan to be submitted to the
Township for approval. Such data shall be submitted to the Board within
90 days of their conditional approval, unless the Board grants a modification
by extending the effective time period.
(e)Â
Board of Supervisors approval and certification. The Board will
acknowledge the satisfactory compliance with all conditions, if any,
of the plan approval at a regularly scheduled public meeting. After
receipt of plan approval and compliance with all conditions of approval,
a plan shall be presented to the Township for acknowledgement through
a formal approval certification statement on the plan as provided
in the Appendix. The applicant shall prepare and provide two sets of final
plans which shall be transparent reproductions of the original plan
with black line on stable plastic base film (Mylar or equal) for the
Board to sign the approval certificate. The applicant shall also provide
one set of the final plans which shall be a paper copy for the Township's
files.
Plans that meet the criteria as listed hereafter shall be exempt from the requirement to process a preliminary plan and may process a final plan prepared in accordance with Article
IV.
A. Lot add-on plans.
(1)Â Lot add-on plans shall meet the following criteria:
(a)Â
A lot add-on plan shall only be prepared for the conveyance
of land for the sole purpose of increasing the size of an existing
contiguous tract or lot.
(b)Â
A lot add-on plan shall not create any additional lot(s).
(c)Â
A lot add-on plan shall not result in any nonconformity with the design standards found in Article
V of this chapter.
(d)Â
A lot add-on plan shall not alter the site and/or existing stormwater
management facilities in a manner that affects the discharge of stormwater
to an adjacent property or significantly relocates a major stormwater
management facility within the project.
(e)Â
A lot add-on plan shall not alter a recorded plan or revise
any approved final plan which has not yet been recorded.
(f)Â
The alteration of a recorded plan or an approved final plan which has not been recorded shall be by a revised final plan. (See §Â
388-13D).
(2) In every case where a plan conforms to the above, the applicant shall follow the plan processing and recording procedures for a final plan as outlined in §Â
388-12 of this chapter. A lot add-on plan shall be filed with the Recorder of Deeds prior to the execution of a deed for the conveyance of land.
B. Separation subdivision.
(1)Â Separation subdivision plans may be used to divide one lot into two
lots whose common boundary is one of the following:
(a)Â
The center line of an existing street;
(b)Â
The center line of an existing creek or stream; or
(2)Â The proposed lots to be created by the separation subdivision plan
shall conform to all the following:
(a)Â
The proposed lots shall be separated by the common boundary
along its entire length through the parent tract;
(b)Â
The proposed lots shall conform to the design standards found in Article
V of this chapter; and
(c)Â
The proposed lots shall conform to requirements of Chapter
425, Zoning.
(3) In every case where a plan conforms to the above, the applicant shall follow the plan processing and recording procedures for a final plan as outlined in §Â
388-12 of this chapter.
C. Minor subdivision.
(1)Â In the case of a subdivision plan of four lots or less, either initially
or cumulatively from the effective date of this chapter, which does
not require provisions for a new street, the applicant may at his
discretion concurrently submit preliminary and final plans for action
at the Board meeting. For the purpose of interpreting this section,
a subdivision of not more than four lots shall include the remaining
tract.
(2)Â In the case of a land development plan proposing: the construction
of one nonresidential building not exceeding 10,000 square feet of
building area; or the construction of an addition to a nonresidential
building not exceeding 5,000 square feet of additional building area,
the applicant may at his discretion concurrently submit preliminary
and final plans for action by the Township.
(3) In every case where a plan conforms to the above, the applicant shall follow the plan processing and recording procedures for a final plan as outlined in §Â
388-12 of this chapter.
(4) All other plans shall be submitted in accordance with §Â
388-11 of this chapter.
D. Revised subdivision and/or land development plans. Any replatting,
revision, or resubdivision of recorded plans or any replatting, revision,
or resubdivision of any approved final plan which has not been recorded,
excluding lot grading plans in subdivisions, shall be considered as
a new application and shall comply with all requirements of this chapter,
except that plans may be changed, provided that in making such changes:
(1)Â No lot or tract of land shall be created that does not meet the minimum
design standards required by this chapter and existing Township regulations.
(2)Â No structure shall be relocated which does not meet the minimum design
standards required by this chapter and existing Township regulations.
(3)Â No increase is made in the overall density and no additional lots
are created.
(4)Â The site and/or stormwater management facilities are not altered
in a manner that affects the discharge of stormwater to an adjacent
property or significantly relocates a major stormwater management
facility within the project.
(5)Â Street locations and block sizes shall not be changed.
(6)Â The character and land use of the original application shall be maintained.
(7) In every case where a plan alteration conforms to the above, the applicant shall follow the plan processing and recording procedures for a final plan as outlined in §Â
388-12 of this chapter.
A plan for a building addition to an existing nonresidential
principal structure is exempt from preliminary or final plan procedures,
provided that:
A. The building addition exemption shall be based upon the cumulative
sum of all additions after the date of the effective date of this
chapter;
B. The addition does not create a need for any additional parking, per Chapter
425, Zoning;
C. The addition, does not, in accordance with the Pennsylvania Sewage
Facilities Act, Act 537 of 1966, as amended, create the need for a sewer facilities plan revision (plan
revision module for land development), or supplement;
D. The addition is not for the creation of additional units of occupancy;
E. The addition does not require approval from the Zoning Hearing Board;
and
F. The addition complies with all provisions of applicable Township
ordinances.