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)
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)
Three copies of all notifications and certifications required by Article IV either by providing them on the preliminary plan or as separate documents.
(4)
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)
Three copies of any variance, special exception or conditional use
decisions applicable to the site.
(8)
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)
The applicant shall provide the Township with 12 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)
Review by the Township staff and consultants.
(a)
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)
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)
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)
Briefing item.
(a)
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)
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)
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)
Board review process.
(a)
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)
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)
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]
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]
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,[2] 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.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(d)
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)
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.[3] 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.
[3]
Editor's Note: Refer to the attachments included with this
chapter.
A.
Prior to the preparation and filing of the preliminary plan for subdivision
or land development, applicants are strongly urged to discuss possible
development sites and plans with the Township prior to formal submission
of any plan. The purpose of the preapplication meeting or sketch plan
review is to afford the applicant an opportunity to receive the advice
and assistance of the Township Planning Commission, Park and Recreation
Board, Board of Supervisors, and staff. Submission of a sketch plan
is for the purpose of informal review and discussion and shall not
constitute formal filing of a plan with the Township.
B.
Submission of preapplication (sketch) plans. Prospective applicants submitting a preapplication plan for review by the Planning Commission, Park and Recreation Board, Board of Supervisors and Township staff shall include on the plan those items listed in § 388-17 of this chapter and any other elements that should be considered in the design of the subdivision or land development, including any modifications required for the plan(s) as presented. Three copies of plans and one electronic copy (PDF format) shall be submitted 15 business days prior to the regularly scheduled monthly meeting of the Planning Commission at which the preapplication review will be held. All plan submittals shall be accompanied by a completed application as provided in the Appendix[1] and a filing fee in an amount as specified on the fee
schedule adopted by resolution of the Board of Supervisors and available
at the Township Office. The applicant may proceed to the preliminary
plan process following the meeting with the Planning Commission, Park
and Recreation Board, Board of Supervisors and Township staff. The
applicant shall incorporate the comments or concerns of the Planning
Commission, Park and Recreation Board, Board of Supervisors, and Township
staff and make every effort to address these items in the preliminary
plan.
[1]
Editor's Note: Refer to the attachments included with this
chapter.
A.
Preliminary plan application. With the exceptions noted in § 388-13 of this chapter, a preliminary plan is required for all applications that propose new streets, all subdivision plans that create five or more new lots either initially or cumulatively as of the date of the adoption of this chapter, and any land development plans that propose: the construction of one nonresidential building exceeding 10,000 square feet of building area; or the construction of an addition to a nonresidential building exceeding 5,000 square feet of additional building area. All other plans may be submitted as final plans in accordance with § 388-12.
B.
Approval of a preliminary plan application. Approval of a preliminary
plan application shall constitute approval of the proposed subdivision
and/or land development as to the character and intensity of development
and the general arrangement of streets, lots, structures, and other
planned facilities, but shall not constitute final plan approval.
The preliminary plan may not be recorded in the office of the Recorder
of Deeds.
C.
Construction of improvements. As an alternative to processing a final
plan and guaranteeing the completion of required improvements by a
corporate bond or surety, and, after an applicant has received official
notification that the preliminary plan has been unconditionally approved,
the applicant may initiate the construction of required improvements
prior to approval of the final plan.
D.
Completion of improvements. Upon completion of the improvements required
by this chapter, the applicant may proceed to submit a final plan
and application, which shall include notice of approval of the improvements
by the Township Engineer or the authority which is to accept the improvements.
A.
Prerequisites to filing final plan application. An application for
final plan approval can be submitted only after one of the following,
when required, have been completed:
B.
Final plan applications.
(1)
The final plan may be submitted in sections, each section covering
a reasonable portion of the entire proposed subdivision as shown on
the approved preliminary plan; provided that each section, except
for the last section, shall contain a minimum of 25% of the total
number of units of occupancy as depicted on the approved preliminary
plan.
(2)
The Township may accept a final plan modified to reflect a change
to the site or its surroundings that occurs after the preliminary
plan review. The Board of Supervisors, with a recommendation from
the Township Planning Commission, shall determine whether a modified
final plan will be accepted or whether a new preliminary plan shall
be submitted.
C.
Application requirements. In addition to the application requirements of § 388-9, final plans which require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall include two copies of the plans prepared to support the application for a highway occupancy permit.
D.
Final plan certification.
(1)
After the Board's approval of the final plan and the required
changes, if any, are made, the applicant shall proceed to prepare
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) and one set of final plans, which shall be a paper copy
for the Township's files.
(2)
Upon compliance with all conditions of plan approval to the satisfaction of the Township and compliance with Article V of this chapter, two transparent copies of the final plan shall be certified in the following manner: both final plans shall be presented to the Planning Commission and the Board of Supervisors for the signature of the respective Chairman or Vice Chairman or their designees. Final plans will not be signed by the Board prior to certification by the Planning Commission or if submitted more than 90 days from the Board's final approval action unless the Board grants a modification by extending the effective time period of the approval.
E.
Final plan recordation. Upon approval and certification of a final
plan and payment of any and all outstanding fees, the applicant shall
record the plan in the office of the Recorder of Deeds. Should the
applicant fail to record the final plan within 90 days of the Board's
final plan approval action, the Board's action on the plan shall
be null and void unless the Board grants a modification by extending
the effective time period of the approval.
(1)
The final plan shall be filed with the Recorder of Deeds and proof
of such recording shall be provided to the Township before proceeding
with the sale of lots.
(2)
The final plan shall be filed with the Recorder of Deeds before proceeding with the construction of any improvement except as provided for in § 388-11 of this chapter.
(3)
No subdivision or land development plan may be recorded unless it
bears the endorsement of the Board.
F.
Effect of recording of final plan. Recording the final plan, after approval of the Board, shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use, unless reserved by the landowner as provided in Article IV of this chapter. However, the approval of the Board shall not impose any duty upon the commonwealth, county, or Township concerning acceptance, maintenance, or improvement of any such dedicated areas or portion of same until the proper authorities of the commonwealth, county, or Township actually accept same by ordinance or resolution, or by entry, use, or improvement.
G.
The landowner may place a notation on the final plan to the effect
that there is no offer of dedication to the public of certain designated
areas, in which event the title to such area shall remain with the
owner, and neither the commonwealth, county, Township, nor any applicable
authorities shall assume any right to accept ownership of such land
or right-of-way.
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)
Lot add-on plans shall meet the following criteria:
(a)
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)
A lot add-on plan shall not create any additional lot(s).
(c)
A lot add-on plan shall not result in any nonconformity with the design standards found in Article V of this chapter.
(d)
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)
A lot add-on plan shall not alter a recorded plan or revise
any approved final plan which has not yet been recorded.
(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 § 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.
C.
Minor subdivision.
(1)
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)
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.
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)
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)
No structure shall be relocated which does not meet the minimum design
standards required by this chapter and existing Township regulations.
(3)
No increase is made in the overall density and no additional lots
are created.
(4)
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)
Street locations and block sizes shall not be changed.
(6)
The character and land use of the original application shall be maintained.
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;
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.
A.
The provisions of these regulations are intended as a minimum standard
for the protection of the public health, safety and welfare. If the
literal compliance with any mandatory provision of these regulations
is shown by the applicant to the satisfaction of the Board present
at a public meeting to be unreasonable and to cause undue hardship
as it applies to the particular property, the Board may grant a modification
from such mandatory provision so that substantial justice may be done
and the public interest secured while permitting the reasonable utilization
of the property. However, the granting of a modification shall not
have the effect of making null and void the intent and purpose of
this chapter.
B.
Application requirements. A request for a modification is to be submitted
as part of a sketch, preliminary or final plan application, but may
be submitted to the Township at any time. All requests shall include
a completed application for consideration of a modification as provided
in the Appendix,[1] be in writing and accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 388-17). The written request shall identify:
(1)
The specific section of this chapter which is requested to be modified.
(2)
The provisions proposed as an alternate to the requirements. The
alternate provisions must be equal to or better than the requirements
of, and consistent with, the intents of this chapter and shall not
be contrary to the general public interest.
(3)
Justification for the modification. The request shall state in full
the grounds and facts of unreasonableness or hardship on which the
request is based.
[1]
Editor's Note: Refer to the attachments included with this
chapter.
C.
Action on modification requests.
(1)
At a public meeting, and after review and recommendation by the Planning
Commission, the Board shall review the request to determine if the
literal compliance with any mandatory provision of this chapter is
demonstrated by the applicant to exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and that
the purpose and intent of this chapter is observed.
(2)
The applicant shall demonstrate that an alternative proposal will
allow for equal or better results and represents the minimum modification
necessary. If the Board determines that the applicant has met his
burden, it may grant a modification from the literal compliance with
the terms of this chapter.
(3)
In granting modifications, the Board may impose such conditions as
will, in its judgment, secure the objectives and purposes of this
chapter.
(4)
When a modification is granted with conditions, a statement of the
approved modification including the imposed condition(s) shall be
provided on the final plan to be recorded.
