Historically, subdivision and land development plans have been submitted and processed in steps, i.e., preliminary plan followed by final plan. This Township believes that certain plans should be processed on an expedited basis without going through all of the traditional steps. This Township places great value on the open exchange of ideas between the applicant and the Township before the applicant invests considerable time and funds in the preparation and submittal of a subdivision and/or land development plan. The applicant is encouraged, but not required, to initiate the subdivision and land development process by initiating and completing the sketch plan process. The sketch plan shall be prepared in accordance with Article V and is a permissive and not a mandatory submission. The submission of the sketch plan will enable the Township to openly discuss the applicant's plans and project and to make recommendations for the applicant to consider in preparing the formal submission using such examples as Appendix G.[1] An 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. An applicant who obtains conditional use approval of
its project shall also have the right, at the applicant's option,
to proceed to a preliminary/final plan and forego the preliminary
plan phase/processing requirements. The sketch plan process is encouraged
in all situations, but is not mandatory and will not prevent the applicant
from submitting a modification request regarding preliminary plan
processing requirements as part of its submission. The Township has
prepared the following flow chart as a summary of the plan processing
procedures. The flow charts do not, nor shall be construed to, override
or supersede the processing requirements set forth in this chapter
but are provided as an additional aid to the applicant.
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A.
All applicants for subdivision or land development may submit a sketch
plan to the Township for review prior to submission of a formal application;
however, submission of a sketch plan is not mandatory. Submission
of a sketch plan is not mandatory and does not constitute a formal
subdivision or land development application.
B.
Plan information. Sketch plans prepared for review and discussion should include those items listed in § 160-42. If the site accesses a collector, arterial, or state road, the sketch plan shall depict the proposed access and frontage improvements.
C.
The applicant shall submit sufficient copies of the sketch plan,
along with any required supplemental data and an application form,
to the Township; the requisite number of copies shall be as determined
by the Board of Supervisors. The applicant may schedule a review meeting
with the Township staff which may include the Zoning Officer, Township
Engineer, or other person to be determined by the Township and/or
County Community Planner. The applicant may request that the Township
Engineer or Solicitor perform a written review of the sketch plan,
at the applicant's sole cost and expense. In such case, the written
review shall be provided to the applicant with copies to the Township
and the Planning Commission.
D.
Review by Planning Commission. The Planning Commission shall review
the sketch plan submission and, as applicable, consultant reviews,
and advise 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. The Planning
Commission may submit written comments and recommendations to the
applicant. Any comments shall not be deemed to be an approval of any
application or to vest any rights in the applicant.
E.
Review by Board of Supervisors. The applicant may, but need not,
request further review of the sketch plan submission by the Board
of Supervisors. The Board of Supervisors may provide written comments
to the applicant. Said comments shall not be deemed to be an approval
of any application or to vest any rights in the applicant.
F.
Completion of the sketch plan process. After completion of the sketch
plan process or conditional use process, the applicant is allowed
to do one of the following:
[1]
Editor's Note: This appendix is included in the online version
of the Code of the (Township of Elizabeth) (eCode360®). Said appendix
is also on file in the Township offices.
A.
Purpose. The purpose of the preliminary plan is to require formal
preliminary approval in order to vest the plan from changes in governing
ordinances, phase development, and provide additional time to complete
conditions of approval.
B.
Plan requirements. All preliminary plans shall be prepared in conformance with the provisions of § 160-42 and any other applicable requirements of law.
C.
Submission of preliminary plan. Official submission of the preliminary
plan application to the Township shall consist of:
(1)
Seven copies of the preliminary plan, plus one additional copy if
the subject site is within one mile of a municipal boundary and one
additional copy if the subject site abuts a state road.
(2)
Two copies of all reports, notifications and certifications that
are not provided on the preliminary plan, including stormwater management
plans and calculations.
(3)
One application form completely and correctly executed, with all
information legible, and bearing all required signatures.
(4)
Filing fee and escrow for expenses in accordance with the fee schedule
established by ordinance or resolution of the Board of Supervisors
consisting of a check or money order drawn to the Elizabeth Township.
D.
Application completeness review. The Township 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 Township Secretary under this section to the Board of Supervisors in accordance with Article III of this chapter.
E.
Planning Commission action. In general, the Planning Commission will
schedule the preliminary plan application for action at the first
Planning Commission meeting that is at least 30 days following the
date of filing. In considering the preliminary plan application, the
Planning Commission shall:
(1)
Review and evaluate the application and all reports received from
applicable reviewing agencies and Township consultants.
(2)
Determine whether the preliminary plan meets the requirements and
objectives of this chapter and other applicable ordinances.
(3)
If available, review County Planning Commission comments.
(4)
Following review at a public meeting, the Planning Commission shall
submit the preliminary plan to the Board of Supervisors together with
its analysis and recommendations, including those of Township staff,
the Township Engineer, and the Township Solicitor.
F.
Board of Supervisors action.
(1)
The Board of Supervisors shall act upon the preliminary plan application in accordance with the time limitations set forth in MPC Article V.
(2)
The Board of Supervisors shall render its decision and provide notice
of its decision in accordance with applicable requirements of the
MPC.
(3)
Approval subject to modification or condition. The Board of Supervisors
may approve the preliminary plan, in whole or in part, or may subject
the plan to modifications or conditions or may disapprove the plan.
(a)
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 Board of Supervisors 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.
(b)
If the application is disapproved, the Board of Supervisors
or the Township 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.
(4)
Satisfaction of conditions. Within one year after the date of the
written decision stating that the preliminary plan is conditionally
approved, the applicant shall submit to the Township evidence that
the applicant has satisfied all conditions upon approval of the preliminary
plan together with an electronic file copy 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.
G.
Board of Supervisors approval and certification.
(1)
Preliminary plan approval. 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.
(2)
Time period of approval. Preliminary plan approval will be effective
for a five-year period from the date of the conditional approval of
the preliminary plan application; therefore, construction of a project
must be substantially completed within five years of said date unless
the Board of Supervisors grants a waiver by extending the effective
time period of the approval.
In accordance with the option as set forth in Section 509 of
the MPC authorizing an applicant to complete construction of the subdivision/land
development improvements prior to approval and recording of a final
plan and, hence, avoiding the requirements for the deposit with the
Township of financial security to cover the costs of such improvements
an applicant electing to do so shall meet the following requirements.
A.
Requirements.
(1)
The applicant shall indicate in writing the intent to construct the
improvements prior to final plan approval to the Board of Supervisors
as part of the preliminary plan application process.
(2)
Plans must also receive approval when applicable from all authorities
having jurisdiction, including by way of example but not limited to,
highway occupancy permit, erosion and sedimentation control approval,
etc.
(3)
The applicant may, after receipt of acknowledgment from the Board
of Supervisors of the satisfactory completion of all conditions of
preliminary plan approval, proceed to construct the improvements required
by this chapter and shown on the approved preliminary plan.
(4)
The applicant shall complete and enter into the appropriate developer's
agreement. The applicant shall indicate the timetable for the construction
of the improvements including a schedule and plan of the proposed
phasing of sections of the plan.
(5)
An as-built plan will be required to be recorded as the final plan
after constructing improvements from each phase of a preliminary plan.
B.
Limitations. Construction and completion of the improvements shall
not constitute permission to sell lots or occupy proposed buildings
shown on the plan. Such permission shall occur concurrently with the
recordation of the final plan.
A.
General. Final plan submission. Applications for final plan approval
can be submitted only after the following, when required, have been
completed:
B.
Final plan submitted in phases. The final plan may be submitted in
phases, each phase covering a reasonable portion of the entire proposed
subdivision or land development as shown on the approved preliminary
plan; provided that each phase, except for the last, shall contain
a minimum of 25% of the total number of dwelling units as depicted
on the approved preliminary plan unless the Board of Supervisors specifically
approves a lesser percentage for one or more phases.
C.
Modified final plan. The Board of Supervisors 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
shall determine whether a modified final plan will be accepted or
whether a new preliminary plan shall be submitted.
D.
Purpose. The purpose of the final plan is to record the subdivision
and/or land development according to state law, insure formal approval
by the Board of Supervisors before plans are recorded, and to provide
sufficient information so that the Board of Supervisors can assure
construction according to the requirements of this chapter.
E.
Plan requirements. All final plans shall be prepared in conformance with the provisions of § 160-44 and any other applicable requirements of law.
F.
Submission of final plan. Official submission of the final plan application
to the Township shall consist of:
(1)
Seven copies of the final plan, plus one additional copy if the subject
site is within one mile of a municipal boundary and one additional
copy if the subject site abuts a state road.
(2)
Two copies of all reports, notifications and certifications that
are not provided on the final plan, including stormwater management
plans and calculations.
(3)
One application form completely and correctly executed, with all
information legible, and bearing all required signatures.
(4)
Filing fee and escrow for expenses in accordance with the fee schedule
established by ordinance or resolution of the Board of Supervisors
consisting of a check or money order drawn to the Elizabeth Township.
G.
Application completeness review. The Township 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 Township Secretary under this section to the Board of Supervisors in accordance with Article III of this chapter.
H.
Planning Commission action. In general, the Planning Commission will
schedule the final plan application for action at the first Planning
Commission meeting that is at least 30 days following the date of
filing. In considering the final plan application, the Planning Commission
shall:
(1)
Review and evaluate the application and all reports received from
applicable reviewing agencies and Township consultants.
(2)
Determine whether the final plan meets the requirements and objectives
of this chapter and other applicable ordinances.
(3)
If available, review County Planning Commission comments.
(4)
Following review at a public meeting, the Planning Commission shall
submit the final plan to the Board of Supervisors together with its
analysis and recommendations, including those of Township staff, the
Township Engineer, and the Township Solicitor.
I.
Board of Supervisors action.
(1)
The Board of Supervisors shall act upon the final plan application in accordance with the time limitations set forth in MPC Article V.
(2)
The Board of Supervisors shall render its decision and provide notice
of its decision in accordance with applicable requirements of the
MPC.
(3)
Approval subject to modification or condition. The Board of Supervisors
may approve the final plan, in whole or in part, or may subject the
plan to modifications or conditions or may disapprove the plan.
(a)
If the final 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 Board of Supervisors 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.
(b)
If the application is disapproved, the Board of Supervisors
or the Township 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.
(4)
Satisfaction of conditions. Within one year after the date of the
written decision stating that the final plan is conditionally approved,
the applicant shall submit to the Township evidence that the applicant
has satisfied all conditions upon approval of the final plan together
with an electronic file copy and one paper copy, 24 inches by 36 inches,
of the final 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 final plan approval.
J.
Final plan certification. After the final plan has been approved by the Board of Supervisors and the required changes, if any, are made, the applicant shall prepare two plan recording copies meeting all requirements of the Recorder of Deeds and two paper copies of the approved version of the final plan. One paper copy of the plan shall be kept in the Township files and one paper copy of the plan shall be provided to the Lancaster County Planning Commission. Both plan recording copies of the final plan shall be certified in accordance with the provisions of § 160-34M.
K.
Signatures. All copies of the approved version of the final plan
shall be presented to the Planning Commission and/or the Board of
Supervisors for signature.
L.
County Planning Commission signature. After obtaining the required
Township signatures, both plan recording copies and one paper copy
of the approved version of the final plan shall be presented to the
County Planning Commission for signature.
M.
Recording of final plan.
(1)
Upon approval and certification of a final plan, the applicant shall record the final plan in the office of the Recorder of Deeds. Unless all site improvements have been constructed and completed in accordance with § 160-33, the final plan shall not be released for recording until the applicant has provided financial security in accordance with Article VI.
(2)
The applicant shall record the plan within the time period established
by the MPC. In the event the final plan is not recorded as stated
above, the approval of the final plan is null and void unless the
Board of Supervisors has granted a waiver by extending the time period
to record the final plan.
(3)
The applicant shall provide the recording reference of the final
plan and a complete set of paper copies of the final plans with all
signatures, stamps and seals and a complete electronic copy of the
final plan in a form acceptable to the Township to the Township before
any permits are issued.
(4)
The applicant shall provide a compact disc in CAD or GIS format of
the approved final plan including parcel boundaries, roads, water,
sewer, utility, and building locations to Lancaster County at the
time of final plan recording.
N.
The final plan shall be recorded at the Recorder of Deeds before
proceeding with the conveyance of lots.
O.
Dedication. After approval of the final plan, the recording of the final plan 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 § 160-34P. Approval of the Board of Supervisors shall not impose any duty upon the Township to own, maintain, or improve any dedicated area or facility unless the Township formally accepts dedication. The Township shall have no obligation to accept any dedicated area, facility or improvement.
P.
Notice of reservation from public dedication. The applicant shall
place a notation on the final plan when there is no offer of dedication
to the public of certain designated areas, in which event the title
to such areas shall remain with the landowner, and the commonwealth,
county and Township shall assume no right to accept ownership or right-of-way.
A.
Historically, subdivision and land development plans have been submitted
and processed in steps, i.e., preliminary plan followed by final plan.
This Township believes that certain plans should be processed on an
expedited basis without going through all of the traditional steps.
An 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.
An applicant who obtains conditional use approval of its project shall
also have the right, at the applicant's option, to proceed to a preliminary/final
plan and forego the preliminary plan phase/processing requirements.
B.
All preliminary/final plans shall be prepared in conformance with
any other applicable requirements of law. Only the plan sheets relating
to the final plan are recorded. The entire set of plans is not recorded.
Plans shall only be permitted when all of the following criteria are
satisfied:
C.
Submission of preliminary/final plan. Official submission of the
preliminary/final plan application to the Township shall consist of:
(1)
Seven copies of the preliminary/final plan, plus one additional copy
if the subject site is within one mile of a municipal boundary and
one additional copy if the subject site abuts a state road.
(2)
Two copies of all reports, notifications and certifications that
are not provided on the preliminary/final plan, including stormwater
management plans and calculations.
(3)
One application form completely and correctly executed, with all
information legible, and bearing all required signatures.
(4)
Filing fee and escrow for expenses in accordance with the fee schedule
established by ordinance or resolution of the Board of Supervisors
consisting of a check or money order drawn to the Elizabeth Township.
D.
Application completeness review. The Township 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 Township Secretary under this section to the Board of Supervisors in accordance with Article III of this chapter.
E.
Planning Commission action. In general, the Planning Commission will
schedule the preliminary/final plan application for action at the
first Planning Commission meeting that is at least 30 days following
the date of filing. In considering the preliminary/final plan application,
the Planning Commission shall:
(1)
Review and evaluate the application and all reports received from
applicable reviewing agencies and Township consultants.
(2)
Determine whether the preliminary/final plan meets the requirements
and objectives of this chapter and other applicable ordinances.
(3)
If available, review County Planning Commission comments.
(4)
Following review at a public meeting, the Planning Commission shall
submit the preliminary/final plan to the Board of Supervisors together
with its analysis and recommendations, including those of Township
staff, the Township Engineer, and the Township Solicitor.
F.
Board of Supervisors action.
(1)
The Board of Supervisors shall act upon the preliminary/final plan application in accordance with the time limitations set forth in MPC Article V.
(2)
The Board of Supervisors shall render its decision and provide notice
of its decision in accordance with applicable requirements of the
MPC.
(3)
Approval subject to modification or condition. The Board of Supervisors
may approve the preliminary/final plan, in whole or in part, or may
subject the plan to modifications or conditions or may disapprove
the plan.
(a)
If the preliminary/final 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 Board of Supervisors 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.
(b)
If the application is disapproved, the Board of Supervisors
or the Township 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.
(4)
Satisfaction of conditions. Within one year after the date of the
written decision stating that the preliminary/final plan is conditionally
approved, the applicant shall submit to the Township evidence that
the applicant has satisfied all conditions upon approval of the preliminary/final
plan together with an electronic file copy and one paper copy, 24
inches by 36 inches, of the preliminary/final 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/final
plan approval.
G.
Preliminary/final plan certification. After the preliminary/final plan has been approved by the Board of Supervisors and the required changes, if any, are made, the applicant shall prepare two plan recording copies meeting all requirements of the Recorder of Deeds and two paper copies of the approved version of the preliminary/final plan. One paper copy of the plan shall be kept in the Township files and one paper copy of the plan shall be provided to the County Planning Commission. Both plan recording copies of the preliminary/final plan shall be certified in accordance with the provisions of § 160-35J.
H.
Signatures. Both plan recording copies and paper copies of the approved
version of the preliminary/final plan shall be presented to the Planning
Commission and/or the Board of Supervisors for signature.
I.
County Planning Commission signature. After obtaining the required
Township signatures, both plan recording copies and one paper copy
of the approved version of the preliminary/final plan shall be presented
to the County Planning Commission for signature.
J.
Recording of preliminary/final plan.
(1)
Upon approval and certification of a preliminary/final plan, the applicant shall record the preliminary/final plan in the office of the Recorder of Deeds. Unless all site improvements have been constructed and completed in accordance with § 160-33, the preliminary/final plan shall not be released for recording until the applicant has provided financial security in accordance with Article VI.
(2)
The applicant shall record the plan within the time period established
by the MPC. In the event the preliminary/final plan is not recorded
as stated above, the approval of the preliminary/final plan is null
and void unless the Board of Supervisors has granted a waiver by extending
the time period to record the preliminary/final plan.
(3)
The applicant shall provide the recording reference of the preliminary/final
plan and a complete paper copy set of the preliminary/final plans
with all signatures, stamps and seals and a complete electronic copy
of the preliminary/final plans in a form acceptable to the Township
to the Township before any permits are issued.
(4)
The applicant shall provide a compact disc in CAD or GIS format of
the approved preliminary/final plan including parcel boundaries, roads,
water, sewer, utility, and building locations to Lancaster County
at the time of final plan recording.
K.
The preliminary/final plan shall be recorded at the Recorder of Deeds
before proceeding with the conveyance of lots.
L.
Dedication. After approval of the preliminary/final plan, the recording of the preliminary/final plan 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 § 160-35M. Approval of the Board of Supervisors shall not impose any duty upon the Township to own, maintain, or improve any dedicated area or facility unless the Township formally accepts dedication. The Township shall have no obligation to accept any dedicated area, facility or improvement.
M.
Notice of reservation from public dedication. The applicant shall
place a notation on the preliminary/final plan when there is no offer
of dedication to the public of certain designated areas, in which
event the title to such areas shall remain with the landowner, and
the commonwealth, county and Township shall assume no right to accept
ownership or right-of-way.
A.
The following plans shall be processed as a single submission and
handled as a final plan: centerline separation plans, lot consolidation
plans, lot add-on plans, and revised subdivision plans.
(1)
Centerline separation plan. The division of an existing tract along the centerline of an existing road to create two lots whose common boundary is said centerline if it is in conformance with the criteria specified in § 160-36B.
(2)
Lot consolidation plan. The consolidation of two or more existing tracts to create one lot with revised lot lines if it is in conformance with the criteria specified in § 160-36B.
B.
Plan criteria. Plans shall only be permitted when all of the following
criteria are satisfied:
(1)
The resultant lots meet all requirements of the applicable zoning
district.
(2)
The resultant lots shall retain adequate access to accommodate potential
development in accordance with the current zoning district regulations.
(3)
Drainage easements or rights-of-way are not altered.
(4)
Access to the affected parcels is not altered or modified.
(5)
Street alignments are not changed.
(6)
The resultant lots meet all previously approved sewage module requirements,
including where applicable minimum lot size.
C.
Plan requirements. When all of the criteria in § 160-36B are satisfied, plans shall be prepared in conformance with the provisions of § 160-45 and any other applicable requirements of law. Where land will be transferred from one lot to another, a copy of the deed with a perimeter legal description for the lot as enlarged. The applicant shall present the Township with proof that the deed with the perimeter legal description has been recorded within 30 days after the release of the plan for recording.
D.
Submission of plan. Official submission of the plan application to
the Township shall consist of:
(1)
Seven copies of the plan sets.
(2)
One application form completely and correctly executed, with all
information legible, and bearing all required signatures.
(3)
Filing fee and escrow for expenses in accordance with the fee schedule
established by ordinance or resolution of the Board of Supervisors
consisting of a check or money order drawn to the Elizabeth Township.
(4)
A written review from the Township Zoning Officer shall accompany
the plan application.
E.
Planning Commission action. In general, the Planning Commission will
schedule the plan application for action at the first Planning Commission
meeting that is at least 30 days following the date of filing. In
considering the plan application, the Planning Commission shall:
(1)
Review and evaluate the application and all reports received from
applicable reviewing agencies and Township consultants.
(2)
Determine whether the plan meets the requirements and objectives
of this chapter and other applicable ordinances.
(3)
If available, review County Planning Commission comments.
(4)
Following review at a public meeting, the Planning Commission shall
submit the plan to the Board of Supervisors together with its analysis
and recommendations, including those of Township staff, the Township
Engineer, and the Township Solicitor.
F.
Board of Supervisors action.
(1)
The Board of Supervisors shall act upon the plan application in accordance with the time limitations set forth in MPC Article V.
(2)
The Board of Supervisors shall render its decision and provide notice
of its decision in accordance with applicable requirements of the
MPC.
(3)
Approval subject to modification or condition. The Board of Supervisors
may approve the plan, in whole or in part, or may subject the plan
to modifications or conditions or may disapprove the plan.
(a)
If the 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 Board of Supervisors 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.
(b)
If the application is disapproved, the Board of Supervisors
or the Township 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.
(4)
Satisfaction of conditions. Within one year after the date of the
written decision stating that the plan is conditionally approved,
the applicant shall submit to the Township evidence that the applicant
has satisfied all conditions upon approval of the plan together with
an electronic file copy and one paper copy, 24 inches by 36 inches,
of the 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 plan approval.
G.
Plan certification. After the plan has been approved by the Board of Supervisors and the required changes, if any, are made, the applicant shall prepare two plan recording copies meeting all requirements of the Recorder of Deeds and two paper copies of the approved version of the plan. One paper copy of the plan shall be kept in the Township files and one paper copy of the plan shall be provided to the Lancaster County Planning Commission. Both plan recording copies shall be certified in accordance with the provisions of § 160-36J.
H.
Signatures. Both plan recording copies and paper copies of the approved
version of the plan shall be presented to the Planning Commission
and/or the Board of Supervisors for signature.
I.
County Planning Commission signature. After obtaining the required
Township signatures, both plan recording copies and one paper copy
of the approved version of the plan shall be presented to the County
Planning Commission for signature.
J.
Recording of plan.
(1)
Upon approval and certification of a plan, the applicant shall record
the plan in the office of the Recorder of Deeds.
(2)
The applicant shall record the plan within the time period established
by the MPC. In the event the plan is not recorded as stated above,
the approval of the plan is null and void unless the Board of Supervisors
has granted a waiver by extending the time period to record the plan.
(3)
The applicant shall provide the recording reference of the plan and
a complete paper copy set of the plans with all signatures, stamps
and seals and a complete electronic copy of the plans in a form acceptable
to the Township to the Township before any permits are issued.
(4)
The applicant shall provide a compact disc in CAD or GIS format of
the approved plan including parcel boundaries, roads, water, sewer,
utility, and building locations to Lancaster County at the time of
final plan recording.
K.
The plan shall be recorded at the Recorder of Deeds before proceeding
with the conveyance of lots.
L.
Future development. Any development of the lots created through this
process must follow standard plan processing procedures as specified
in this article.
A.
Purpose. An expedited process when a subject tract development rights
have been specifically restricted and stormwater management and environmental
features of the subject tract is not affected. To expedite the process
when constructing a second residential dwelling unit on a subject
tract that does not utilize an existing structure.
B.
Minor plan criteria. Minor plans shall only be permitted when all
of the following criteria are satisfied:
(1)
Located in an Agriculture Zone, Conservation Zone, or Open Space
Zone which allows the creation of fewer than five lots.
(2)
Development of the proposed lots respects the particular topographic
and environmental features of the site and does not adversely impact
any environmentally sensitive areas such as floodplain, wetlands,
steep slopes, or sinkholes. It shall be the responsibility of the
professional certifying the accuracy of the plan that such features
are accurately identified and appropriately protected. However, if
determined by the Township that the protection of such features has
not been adequately demonstrated, the proposal shall be disapproved.
(3)
The proposed lots are designed in accordance with the provisions
of the applicable zoning district.
(4)
All lots shall front on a public or private street and shall provide
for vehicular access which does not interfere with the normal movement
of traffic.
(5)
No public sewer and water service is available to the site and the
site is not located in a present or future sewer service area as reflected
by the Act 537 Plan. All existing and proposed water and sewage systems
shall have received the necessary approvals from DEP.
D.
Submission of minor plan. Official submission of the minor plan application
to the Township shall consist of:
(1)
Seven copies of the minor plan sets.
(2)
One application form completely and correctly executed, with all
information legible, and bearing all required signatures.
(3)
Filing fee and escrow for expenses in accordance with the fee schedule
established by ordinance or resolution of the Board of Supervisors
consisting of a check or money order drawn to the Elizabeth Township.
(4)
A written review from the Township Zoning Officer shall accompany
the minor plan application.
(5)
Notification from the Conservation District which indicates that
an acceptable erosion and sedimentation control plan has been submitted
for the proposed project.
E.
Planning Commission action. In general, the Planning Commission will
schedule the minor plan application for action at the first Planning
Commission meeting that is at least 30 days following the date of
filing. In considering the plan application, the Planning Commission
shall:
(1)
Review and evaluate the application and all reports received from
applicable reviewing agencies and Township consultants.
(2)
Determine whether the plan meets the requirements and objectives
of this chapter and other applicable ordinances.
(3)
If available, review County Planning Commission comments.
(4)
Following review at a public meeting, the Planning Commission shall
submit the plan to the Board of Supervisors together with its analysis
and recommendations, including those of Township staff, the Township
Engineer, and the Township Solicitor.
F.
Board of Supervisors action.
(1)
The Board of Supervisors shall act upon the minor plan application in accordance with the time limitations set forth in MPC Article V.
(2)
The Board of Supervisors shall render its decision and provide notice
of its decision in accordance with applicable requirements of the
MPC.
(3)
Approval subject to modification or condition. The Board of Supervisors
may approve the minor plan, in whole or in part, or may subject the
plan to modifications or conditions or may disapprove the plan.
(a)
If the 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 Board of Supervisors 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.
(b)
If the application is disapproved, the Board of Supervisors
or the Township 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.
(4)
Satisfaction of conditions. Within one year after the date of the
written decision stating that the plan is conditionally approved,
the applicant shall submit to the Township evidence that the applicant
has satisfied all conditions upon approval of the plan together with
an electronic file copy and one paper copy, 24 inches by 36 inches,
of the 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 plan approval.
G.
Plan certification. After the minor plan has been approved by the Board of Supervisors and the required changes, if any, are made, the applicant shall prepare two plan recording copies meeting all requirements of the Recorder of Deeds and two paper copies of the approved version of the minor plan. One paper copy of the plan shall be kept in the Township files and one paper copy of the minor plan shall be provided to the County Planning Commission. Both plan recording copies of the minor plan shall be certified in accordance with the provisions of § 160-36J.
H.
Signatures. Both plan recording copies and paper copies of the approved
version of the minor plan shall be presented to the Planning Commission
and/or the Board of Supervisors for signature.
I.
County Planning Commission signature. After obtaining the required
Township signatures, both plan recording copies and one paper copy
of the approved version of the plan shall be presented to the County
Planning Commission for signature.
J.
Recording of minor plan.
(1)
Upon approval and certification of a minor plan, the applicant shall
record the plan in the office of the Recorder of Deeds.
(2)
The applicant shall record the minor plan within the time period
established by the MPC. In the event the plan is not recorded as stated
above, the approval of the minor plan is null and void unless the
Board of Supervisors has granted a waiver by extending the time period
to record the plan.
(3)
The applicant shall provide the recording reference of the minor
plan and a complete paper copy set of the minor plan with all signatures,
stamps and seals and one complete set of the plans in an electronic
format acceptable to the Township to the Township before any permits
are issued.
(4)
The applicant shall provide a compact disc in CAD or GIS format of
the approved plan including parcel boundaries, roads, water, sewer,
utility, and building locations to Lancaster County at the time of
final plan recording.
K.
The plan shall be recorded at the Recorder of Deeds before proceeding
with the conveyance of lots.
