A.
Purpose. This article of this chapter sets forth the application requirements for obtaining approval of subdivisions and land developments. The forms of the various plans referred to in this article of this chapter and information required to be forwarded with such plans shall be as specified in Article IV of this chapter.
B.
Zoning Ordinance compliance required. Whenever the most recent version
of the Lancaster Township Zoning Ordinance, as amended, 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 the most recent version
of the Lancaster Township Zoning Ordinance, as amended, 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.
A.
Applicants are strongly urged to discuss possible development sites
and plan with the Township staff, Township Engineer, and Lancaster
Township Planning Commission prior to 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 staff and Lancaster Township Planning Commission.
Submission of a sketch plan is optional and will not constitute formal
filing of a plan with the Township.
B.
Preapplication plans and data procedure. Prior to the preparation
and filing of a preliminary plan, the applicant may submit plans and
data, which shall be forwarded to the Lancaster Township Planning
Commission for consideration. The plans shall include those elements
that should be considered in the design of the subdivision or land
development.
C.
Submission of preapplication (sketch) plans. Prospective applicants submitting a preapplication plan for review by the Lancaster Township Planning Commission shall include those items listed in § 236-401 of this chapter. Plans shall be considered for informal review and discussion and shall not constitute formal filing of the plan with the Township. Plans shall be submitted at least 30 days prior to the regularly scheduled monthly meeting of the Lancaster Township Planning Commission in order to be considered at the next regular meeting of the Lancaster Township Planning Commission. All plan submittals shall be accompanied by a completed application (see Appendix No. 9) and the corresponding fees.[1] The applicant may proceed to the preliminary plan process
following the meeting with the Lancaster Township Planning Commission.
[1]
Editor's Note: Appendixes are included as attachments to this chapter.
All applications for approval of a subdivision plan, a land
development plan, or an improvement construction plan shall be made
by the developer filing a completed application (see Appendix No.
9 or 10), together with the appropriate plans, studies, reports, supporting
data, and required filing fee, with the Township.
A.
Initial application. The Township shall have seven days from the
date of submission of an application to check the plans and documents
to determine if, on their face, they are in proper form and contain
all information required by this chapter. If defective, the application
will be returned, within 15 days of the filing, to the applicant with
a statement of rejection; 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.
The applicant may appeal a decision by the Township under this section
to the Board of Supervisors.
B.
Amendments or corrections to an application.
(1)
The Township shall have seven days from the date of resubmission
to check an amended or corrected application's plans and documents
refiled by the applicant to determine if, on its face, the amended
or corrected application is in proper form and contains all information
required by this chapter, whether such amended or corrected application
results in a substantial amendment, or whether such amended or corrected
application constitutes a new plan.
(2)
If the Township determines that the amended or corrected application constitutes a substantial amendment, it shall so inform the applicant and shall inform the applicant that the Township shall consider the ninety-day review procedure as outlined in § 236-305C(3) of this chapter to have been restarted with the refiling of the substantial amendment.
(3)
If the Township 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 filing
fees are required. The applicant may appeal a decision by the Township
under this section to the Board of Supervisors.
A.
Preliminary plan application. A preliminary plan is required for applications that propose new streets, all land development plans, and subdivision plans of 10 or more lots. All other plans may be submitted as final plans in accordance with § 236-306 of this chapter.
(1)
Preliminary plans may be filed with the Township on any business
day; however, the Lancaster Township Planning Commission may review
a plan at a particular meeting only if the plan was filed at least
30 days prior to that meeting.
(2)
In addition to submitting the required material in accordance with § 236-305B of this chapter, the applicant shall file with the Township the required number of copies of plans, supporting information and all filing fees as required by the Township plus documentation that plans have been properly filed with the LCPC.
B.
Application requirements. All preliminary plan applications shall
include the following:
(1)
Five copies of the preliminary plan. All plans shall be either
black on white or blue on white paper prints.
(2)
Two copies of all reports, notifications and certifications
which are not provided on the preliminary plan.
(3)
Three copies of the application form (see Appendix No. 9).[1]
[1]
Editor's Note: Appendixes are included as attachments to this chapter.
(4)
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.
(5)
Two CDs, DVDs, or other digital recording media (format as specified
by the Township), each of which includes one computer-readable digital
file copy of the complete preliminary plan set (all sheets) and each
report, notification, and certification (format as specified by the
Township).
C.
Township action.
(1)
Review by the Township staff.
(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, the most
recent version of the Lancaster Township Zoning Ordinance, as amended,
the most recent version of the Lancaster Township Comprehensive Plan,
other Township ordinances, the Township's planning objectives
and accepted planning standards. These personnel shall provide comments
and recommendations, including written findings, when directed by
the Board of Supervisors.
(b)
When requested by the Township, the Township Engineer shall
review the application documents to determine compliance with this
chapter and any other applicable Township ordinances, Township standards
and good engineering practices. He shall prepare a written report
of his findings and recommendations.
(2)
Lancaster Township Planning Commission review process.
(a)
At the first meeting of the Lancaster Township Planning Commission
after the Township has determined that the plans and documents contain
all information required by this chapter, no action will be taken
on the plan. The plan will be considered a briefing item for the Lancaster
Township Planning Commission, which will receive a briefing of the
project limited to:
(b)
The Lancaster Township Planning Commission may discuss the preliminary
plan application with the developer or his agent at the next regular
meeting and will review the application to determine if it meets the
standards set forth in this chapter. The preliminary plan shall then
be submitted by the Lancaster Township Planning Commission, together
with its analysis and recommendations, including those of the Township
staff and Township Engineer, to the Board of Supervisors. Generally,
the plan will not be forwarded to the Board of Supervisors until it
has been recommended for unconditional approval.
(3)
Board of Supervisors review process. All applications for approval
of a plan shall be acted upon by the Board of Supervisors. Unless
a different schedule is required by the MPC, the Board of Supervisors
shall render its decision and communicate it to the applicant not
later than 90 days following the date of the regular meeting of the
Lancaster Township Planning Commission next following the date of
application provided. However, if the said next regular meeting of
the Lancaster Township Planning Commission should occur more than
30 days following the filing of the application, then the said ninety-day
period shall be measured from the 30th day following the day the application
has been filed.
(4)
Notification of Board of Supervisors action. The decision of
the Board of Supervisors shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision or such later date as
may be required by the MPC.
(a)
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 statute or ordinance that are not complied
with or are unsatisfied.
(b)
Failure of the Board of Supervisors 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 MPC, 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 like
effect.
D.
Compliance with the Board of Supervisors action. If the Board of
Supervisors conditions its preliminary 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 of Supervisors within 90 days of its conditional approval,
unless the Board of Supervisors grants a modification by extending
the effective time period. Failure of the applicant to submit the
data in the time prescribed shall render any and all approvals null
and void.
E.
Board of Supervisors approval and certification. The Board of Supervisors
will acknowledge the satisfactory compliance with all conditions,
if any, of the preliminary plan approval at a regularly scheduled
public meeting. 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 with the Lancaster County Recorder of Deeds.
A.
Prerequisites to filing final plan application. An application for
final plan approval can be submitted only after the following, when
required as noted, have been completed:
B.
Final plan applications.
(1)
Final plans may be filed with the Township on any business day;
however, the Lancaster Township Planning Commission will review a
plan at a particular meeting only if the plan was filed at least 30
days prior to that meeting.
(2)
In addition to submitting the required material in accordance with § 236-306C of this chapter, the applicant shall file with the Township the required number of copies of plans, supporting information and all filing fees required by the Township plus documentation that plans have been properly filed with the LCPC.
(3)
The final plan may be submitted in sections/phases, each section/phase
covering a portion of the entire proposed subdivision/land development
shown on the approved preliminary plan, provided that each section/phase,
except for the last section/phase, shall contain a minimum of 25%
of the total number of units of occupancy as depicted on the approved
preliminary plan.
(4)
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 shall determine whether a modified
final plan will be accepted or whether a new preliminary plan shall
be submitted.
C.
Application requirements. All final plan applications shall include
the following:
(1)
Five copies of the final plan. All plans shall be either black
on white or blue on white paper prints.
(2)
Two copies of all reports, notifications, and certificates which
are not provided on the final plan.
(3)
Three copies of the application form (see Appendix No. 9).[1]
[1]
Editor's Note: Appendixes are included as attachments to this chapter.
(4)
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.
(5)
In the case of a plan which requires access to a highway under
the jurisdiction of PennDOT, two copies of the plans and studies submitted
to support the application for an HOP.
(6)
Two CDs, DVDs, or other digital recording media (format as specified
by the Township), each of which includes one computer-readable digital
file copy of the complete final plan set (all sheets) and each report,
notification, and certification (format as specified by the Township).
D.
Township action.
(1)
Review by the Township staff.
(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, the most
recent version of the Lancaster Township Zoning Ordinance, as amended,
the most recent version of the Lancaster Township Comprehensive Plan,
other Township ordinances, the Township's planning objectives
and accepted planning standards. These personnel shall provide comments
and recommendations, including written findings, when directed by
the Board of Supervisors.
(b)
When requested by the Township, the Township Engineer shall
review the application documents to determine compliance with this
chapter and any other applicable Township ordinances, Township standards
and good engineering practices. He shall prepare a written report
of his findings and recommendations.
(2)
Lancaster Township Planning Commission review process.
(a)
At the first meeting of the Lancaster Township Planning Commission
after the Township has determined that the plans and documents contain
all information required by this chapter, no action will be taken
on the plan. The plan will be considered a briefing item for the Lancaster
Township Planning Commission which will receive a briefing of the
project limited to:
(b)
The Lancaster Township Planning Commission may discuss the final
plan application with the developer or his agent at the next regular
meeting and will review the application to determine if it meets the
standards set forth in this chapter. The final plan shall then be
submitted by the Lancaster Township Planning Commission, together
with its analysis and recommendations, including those of the Township
staff and Township Engineer, to the Board of Supervisors. Generally,
the plan will not be forwarded to the Board of Supervisors until it
has been recommended for unconditional approval.
(3)
Board of Supervisors review process.
(a)
All applications for approval of a plan shall be acted upon
by the Board of Supervisors. Unless a different schedule is required
by the MPC, the Board of Supervisors shall render its decision and
communicate it to the applicant not later than 90 days following the
date of the regular meeting of the Lancaster Township Planning Commission
next following the date of application provided. However, if the said
next regular meeting of the Lancaster Township Planning Commission
should occur more than 30 days following the filing of the application,
then the said ninety-day period shall be measured from the 30th day
following the day the application has been filed.
(b)
Final plan approval will be effective for 90 days from the date
of the Board of Supervisors' action on the final plan, unless
the Board of Supervisors grants a modification by extending the effective
time period of the approval. Within this time period, the applicant
must meet all conditions of approval, if any; certify plans as specified
in this chapter; and record plans as specified in this chapter.
(4)
Notification of Board of Supervisors action. The decision of
the Board of Supervisors shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision, or such later date
as may be allowed by the MPC.
(a)
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 statute or ordinance that are not complied
with or are unsatisfied.
(b)
Failure of the Board of Supervisors to render a decision and
communicate it to the applicant within the time and in the manner
required herein 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 of 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 like effect.
E.
Compliance with Board of Supervisors action. If the Board of Supervisors
conditions its final 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 of
Supervisors within 90 days of its conditional approval, unless the
Board of Supervisors grants a modification by extending the effective
time period. Failure of the applicant to submit the data in the time
prescribed shall render any and all approvals null and void.
F.
Final plan certification.
(1)
After the Board of Supervisors' 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 a stable plastic base film
(Mylar or equal) and one set of final plans which shall be a paper
copy for the Township's files. The two transparent copies of
the final plan shall be certified in the following manner: Both final
plans shall be presented to the Board of Supervisors for the signature
of the Chairman and Secretary or their designees (see Appendix No.
5).[2] Final plans will not be signed by the Board of Supervisors:
(a)
If submitted more than 90 days from the Board of Supervisors'
final plan approval action unless the Board of Supervisors grants
a modification by extending the effective time period of the approval;
and
(b)
Until payment of all outstanding plan review fees and inspection
fees.
[2]
Editor's Note: For the Board of Supervisors' final plan approval Certificate, see Appendix No. 7. Appendixes are included as attachments to this chapter.
(2)
At the time the applicant presents the final plan for certification,
the applicant shall submit:
(a)
Two CDs, DVDs, or other digital recording media (format as specified
by the Township), each of which includes one computer-readable digital
file copy of the complete stormwater management plan and all other
information contained on the approved final plan, in both the most
recent versions of AutoCAD and portable document format (*.pdf) and
unless otherwise specified by the Township. The file shall also be
submitted in a format and coordinate system in accordance with the
law and the requirements of the Lancaster County Recorder of Deeds.
(b)
A copy of all deeds to be recorded for the development shall
be submitted prior to the recording of the final plan.
G.
Final plan recordation. Upon approval and certification of a final
plan, the applicant shall record the final plan with the Lancaster
County Recorder of Deeds. Should the applicant fail to record the
final plan within 90 days of the Board of Supervisors' final
plan approval action, the Board of Supervisors' action on the
plan shall be null and void unless the Board of Supervisors grants
a modification by extending the effective time period of the approval.
(1)
All sheets of the final plan shall be recorded unless the Township
Engineer recommends and the Board of Supervisors approves recording
only specified sheets of the final plan. All final plan sheets which
are to be recorded shall be noted on the cover sheet as well as on
each plan sheet as applicable.
(2)
The final plan shall be filed with the Lancaster County Recorder
of Deeds before proceeding with the sale of lots and proof of such
recording provided to the Township.
(3)
The final plan shall be filed with the Lancaster County Recorder of Deeds before proceeding with the construction of any improvement except as provided for in § 236-307 of this chapter.
(4)
No subdivision or land development plan may be recorded unless
it bears the endorsement of the Board of Supervisors.
H.
Effect of recording of final plan.
(1)
Recording the final plan, after approval of the Board of Supervisors, 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 § 236-306H of this chapter. However, the approval of the Board of Supervisors 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.
(2)
Subject to approval by the Township, 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.
A.
The procedures set forth in this section shall apply as an alternative
to the guaranteeing of improvements through a financial security.
An applicant whose improvement construction plan is approved under
this section is permitted to install all or part of the improvements
required by this chapter prior to final plan submission.
B.
Prerequisites to filing improvement construction plan application.
An application for improvement construction plan approval can be submitted
only after the applicant has received official notification that the
preliminary plan has been unconditionally approved.
C.
Improvement construction plan application.
(1)
Improvement construction plans may be filed with the Township
on any business day; however, the Board of Supervisors will review
a plan at a particular meeting only if the plan was filed at least
30 days prior to that meeting.
(2)
In addition to submitting the required material in accordance with § 236-307D of this chapter, the applicant shall file with the Township the required number of copies of plans, supporting information and all filing fees required by the Township.
(3)
The improvement construction plan may be submitted in sections/phases,
each section/phase covering a portion of the entire proposed subdivision/land
development shown on the approved preliminary plan, provided that
each section/phase, except for the last section/phase, shall contain
a minimum of 25% of the total number of units of occupancy as depicted
on the approved preliminary plan.
(4)
The Township may accept an improvement construction 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 the modification of the improvement construction plan will
be accepted or where a revised preliminary plan shall be submitted.
D.
Application requirements. All improvement construction plan applications
shall include the following:
(1)
Five copies of the improvement construction plan. All plans
shall be either black on white or blue on white paper prints.
(2)
Two copies of all reports, notifications and certificates which
are not provided on the improvement construction plan.
(3)
Three copies of the application form (see Appendix No. 10).[1]
[1]
Editor's Note: Appendixes are included as attachments to this chapter.
(4)
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.
(5)
Two CDs, DVDs, or other digital recording media (format as specified
by the Township), each of which includes one computer-readable digital
file copy of the complete improvement construction plan set (all sheets)
and each report, notification, and certification (format as specified
by the Township).
E.
Plan requirements. All improvement construction plans shall be prepared in conformance with the provisions of § 236-403 of this chapter, with the exception of Subsection F(1)(f) and (2)(d), (e) and (h) of this chapter.
F.
Township action.
(1)
Board of Supervisors review process.
(a)
In general, the Board of Supervisors will receive the improvement
construction plan application for a brief review at its first regular
meeting which is at least 15 days following the filing of the application
by the applicant. The Board of Supervisors will discuss the improvement
construction plan application with the developer or his agent at its
regular meeting and will review the application to determine if it
meets the standards set forth in this chapter.
(b)
All applications for approval of a plan shall be acted upon
by the Board of Supervisors. Unless a different schedule is required
by the MPC, the Board of Supervisors shall render its decision and
communicate it to the applicant not later than 90 days following the
date of the regular meeting of the Lancaster Township Planning Commission
next following the date of application; provided, however, should
the said next regular meeting occur more than 30 days following the
filing of the application the said ninety-day period shall be measured
from the 30th day following the day the application has been filed.
(2)
Notification of the Board of Supervisors action. The decision
of the Board of Supervisors shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision, or such later date
as may be authorized by the MPC.
(a)
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 provision of the statute or ordinance(s) that are not complied
with or are unsatisfied.
(b)
Failure of the Board of Supervisors to render a decision and
communicate it to the applicant within the time and in the manner
required herein 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 of 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 like effect.
G.
Compliance with Board of Supervisors action. If the Board of Supervisors
conditions its improvement construction plan approval upon receipt
of additional information, changes and/or notification, 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 of Supervisors within 90 days of its conditional approval,
unless the Board of Supervisors grants a modification by extending
the effective time period. Failure of the applicant to submit the
data in the time prescribed shall render any and all approvals null
and void.
H.
Improvement construction plan certificate and authorization. After
the Board of Supervisors' approval of the improvement construction
plan and the required changes, if any, are made, the applicant shall
proceed to prepare two plans which shall be either a) black ink on
tracing cloth or b) transparent reproductions of the original plan
with black line on cloth or stable plastic base film (Mylar or equal).
These plans shall be certified in the following manner:
(1)
Improvement construction plans shall be presented to the Board
of Supervisors for the signature of the Chairman and Secretary or
their designees (see Appendix No. 5).[2] Improvement construction plans will not be signed by the
Township if submitted more than 90 days from the Board of Supervisors'
approval action unless the Board of Supervisors grants a modification
by extending the effective time period of the approval.
[2]
Editor's Note: Appendixes are included as attachments to this chapter.
(2)
Approval and certification of an improvement construction plan
shall not constitute final plan approval of the proposal, nor shall
this plan be recorded with the Lancaster County Recorder of Deeds,
but shall, when combined with the necessary municipal and/or commonwealth
approvals and permits, grant the authority to install the improvements
required as part of this chapter.
(3)
Following the Board of Supervisors' certification of the
improvement construction plan, one copy of the plan will be retained
by the Board of Supervisors and the remaining copy will be available
to the firm which prepared the plan.
(4)
Improvement construction plan approval will be effective for
a five-year period from the date of the Board of Supervisors'
approval action. Construction must be completed and a final plan application
must be submitted within five years of the improvement construction
plan approval, or else the plan approval will become null and void
unless the Board of Supervisors grants a modification by extending
the effective time period of the approval.
I.
Completion of improvements. Upon completion of the improvements required
by this chapter, the applicant may proceed to submit a final plan
and application that shall include notice of approval of the improvements
by the agency or authority which is to accept the improvements.
A.
Application requirements. A request for a modification may be submitted to the Township at any time. All requests shall be in writing and accompanied by a plan prepared at least to the minimum standards of a sketch plan in accordance with § 236-401 of this chapter. The written request shall identify:
B.
Township action.
(1)
In general, the Board of Supervisors will not act on a request
for a modification until the Lancaster Township Planning Commission
has had the opportunity to present its comments to the Board of Supervisors.
(2)
The Lancaster Township Planning Commission will schedule a request
for a modification for action at a regular meeting which is at least
30 days following the filing of the application by the applicant.
The Lancaster Township Planning Commission will review the request
to determine:
(a)
If compliance with the provisions of the Ordinance creates an
undue hardship or appears to be unreasonable as it applies to the
particular property; or
(b)
If the applicant demonstrates that an alternative proposal will
allow for equal or better results and take such action as it shall
deem necessary or advisable in the public interest.
(3)
The request for a modification and accompanying documentation
shall be submitted by the Lancaster Township Planning Commission,
together with its analysis and recommendations, to the Board of Supervisors
for consideration. All applications for approval of a modification
shall be acted upon by the Board of Supervisors, which shall render
its decision and communicate it to the applicant, in accordance with
the requirements of the MPC.
(4)
Notification of Board of Supervisors action. After the meeting
at which the modification was reviewed, the Board of Supervisors shall
send a written notice of the Board of Supervisors' action to
the applicant at his last known address not later than 15 days following
the decision or such later date as may be authorized by the MPC. If
the Board of Supervisors denies the request, the Board of Supervisors
will notify the above individual, in writing. If the Board of Supervisors
grants the requests, the final plan shall include a note that identifies
the specific modification as granted, including any conditions of
approval.
A.
Revised subdivision and/or land development plans. Any replatting
or resubdivision of recorded or unrecorded plans, 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)
The 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.
(4)
Street locations and block sizes shall not be changed.
(5)
The character and land use of the original application shall
be maintained.
(6)
In every case where a plan alteration conforms to the above,
the applicant shall:
(a)
Submit to the Board of Supervisors two black on white or blue
on white paper copies of the revised final plan and one application
form (see Appendix No. 9).[1] Upon review of the revision, the Board of Supervisors
will, in writing, advise the applicant whether or not the revision
complies with the above.
[1]
Editor's Note: Appendixes are included as attachments to this chapter.
(b)
If the revision complies, the applicant shall prepare two copies
of the plans, which shall be a transparent reproduction of the original
plan with black line on a stable plastic base film (Mylar or equal)
and which shall specifically identify the alteration(s) to the previously
recorded plan.
B.
Preliminary/final plans. In case of a subdivision plan of not more than 10 lots, including the remaining lands, none of which can be further subdivided, and which does not require provisions for a new street, the applicant may, at the discretion of the Board of Supervisors, concurrently submit a preliminary plan and final plan for processing by the Township in accordance with § 236-306 of this chapter. If the plan qualifies, all procedures for preliminary/final plans by the Township and applicant shall occur in accordance with § 236-306 of this chapter. All other plans shall be submitted in accordance with § 236-305 of this chapter. For the purpose of interpreting this section, a subdivision of not more than 10 lots shall not include the remaining tract if the remaining tract can be further subdivided.
C.
Lot add-on plans. The lease, conveyance, sale, or transfer of land
for the sole purpose of increasing the lot size of a contiguous lot
shall comply with the following lot add-on procedure, provided that
the proposal does not create additional lots or result in a nonconformity
with the area and design standards found in the most recent version
of the Lancaster Township Zoning Ordinance,[2] as amended, and Article VI of this chapter. In every case where a proposal conforms to the above, the application shall comply with the following procedures:
(1)
Plan requirements. All lot add-on plans shall be prepared in conformance with the provisions of § 236-404 of this chapter.
(2)
In addition to submitting the required material in accordance with § 236-306C of this chapter, with the exception of § 236-306C(2) and (5) of this chapter, the applicant shall provide documentation that plans have been properly submitted to the LCPC.
