The purpose of the preapplication meeting or
sketch plan review is to afford the applicant the opportunity to receive
the advice and assistance of the municipality's staff. Such meeting
and/or review shall be considered as confidential between the applicant
and staff.
A.
Required preapplication review. Proposals for possible
development of sites into subdivisions of more than 20 lots or which
involve the creation of new streets and plans for the development
of retail, industrial or office structures shall be discussed with
the staff of the municipality and sketch plans shall be submitted
for review prior to submission of preliminary plans. Submission of
a sketch plan shall not constitute a formal filing of a plan with
the municipality. However, the applicant may request, in writing,
a formal review by the Commission, in which case the Commission will
take action, discuss the plan at a public meeting and comment by letter.
Generally, staff reviews will be scheduled within 15 consecutive days
from the date of the municipality's receipt of the request, but shall
not exceed 30 days. If the applicant requests a formal review of a
sketch plan by the Commission, the plan shall be reviewed at a public
meeting within 90 days of the receipt by the Commission of the materials
for review. Generally, such plans will be scheduled for review within
30 days of the Commission's receipt of such materials.
B.
Optional preapplication review. Applicants are urged,
but not required, to discuss other types of proposals and submit sketch
plans for review.
With the exceptions specifically noted in this chapter, a preliminary plan is required for applications which propose new streets, all land development plans, as defined in § 137-16 and subdivision plans of 10 or more lots. All other plans may be submitted as final plans in accordance with § 137-17.
A.
Application requirements. All preliminary plans shall
include the following:
(1)
Ten copies of the preliminary plan, plus one additional
copy if the site is within 1,000 yards of a municipal boundary, plus
one additional copy if the site abuts a state road. 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, including stormwater
management plans and calculations.
(4)
Filing fee (see schedule of fees available at the
office of the municipality). Note: A separate filing fee must be submitted
with each application. If one check is issued for multiple plans,
a detailed breakdown of the individual fee assessment must accompany
the payment. In addition to the filing fees required hereunder, the
Commission and/or borough shall require a deposit from the applicant
in an amount it shall determine necessary for the costs incurred by
the Commission and/or borough on account of engineering fees, administrative
costs and legal review.
(5)
Notification signed by the zoning officer that the
proposal is generally in conformance with applicable zoning regulations
and that if any zoning variance, special exception or conditional
use is required that such approval has been granted or the status
of any such application which has not been granted. A copy of the
decision of the Zoning Hearing Board of Shippensburg, including all
conditions imposed, shall be submitted to the Commission as part of
the preliminary plan application.
(6)
Incomplete applications. A preliminary plan application shall be accompanied by all required plans and documents and the required filing fee. The Manager or the Manager's designee 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 the information required by this chapter. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Manager under this section to the Planning Commission in accordance with § 137-44 of this chapter.
B.
Plan requirements. All preliminary plans shall be prepared in conformance with the provisions of § 137-16 of this chapter and any other applicable requirement of law.
C.
Distribution.
(1)
The Commission shall distribute one copy of the preliminary
plan to each of the following individuals:
(a)
Municipal Secretary or Manager.
(b)
Municipal Planning Commission Secretary.
(c)
Fire company.
(d)
Electric company.
(e)
Telephone company.
(f)
Gas company.
(g)
Pennsylvania Department of Transportation (if
the subject site abuts a state road).
(h)
Pennsylvania Department of Environmental Resources.
(i)
Cumberland or Franklin County Planning Commission
(two copies).
(j)
Adjoining municipality (if site is located within
1,000 yards of a municipal boundary).
(2)
The Commission will also notify the landowner, applicant,
firm that prepared the plan, Municipal Solicitor, Municipal Engineer
and school district of the filing of the plan.
D.
Commission action.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
(1)
The Commission and Borough Council will schedule the
preliminary plan application for action at regularly scheduled public
meetings within 90 calendar days of the first public meeting of the
Commission after the date of filing; provided, however, that in the
event a regular meeting of the Commission does not occur within 30
calendar days from the application date, then the 90 calendar days
shall be measured from the 30th calendar day following the application
date.
(2)
In general, the Commission will schedule the preliminary
plan application for action at the first Commission meeting which
is at least 15 calendar days following filing.
E.
Notification of Commission action.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
(1)
Within 15 calendar days after the meeting at which
the preliminary plan is reviewed, the staff shall send written notice
of the Commission's action to the following individuals:
(2)
If the plan is recommended for disapproval, the Commission
will notify the above individuals, in writing, of the defects in the
application and will identify the requirements which have not been
met, citing the provisions of the statute or ordinance relied upon.
(3)
If the Commission recommends approval of the preliminary
plan, approval with modifications or disapproval, it shall notify
the Council of the Borough of Shippensburg within five calendar days
of its action.
(4)
Before acting on any subdivision or land development
plan, the Council of the Borough of Shippensburg may hold a public
hearing thereon after public notice, but not less than five calendar
days following notification of the Commission action.
(5)
The Council of the Borough of Shippensburg shall take
official action on a preliminary subdivision or land development plan
at a regularly scheduled meeting or work session of Council held within
90 calendar days following the application date of the plan.
(6)
When the application is not approved as filed, the
decision of the Council of the Borough of Shippensburg 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. Such decision shall be communicated to
the landowner or their agent, the applicant and the Commission, in
writing, within 15 calendar days following the decision.
(7)
Failure of the Council of the Borough of Shippensburg
to render a decision in the manner and within the time prescribed
by the Code shall be deemed an approval of the subdivision or land
development plan in terms as presented unless the applicant has agreed,
in advance, 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 the manner of
presentation of communication shall have a similar effect.
(8)
Before taking any final action on any submitted subdivision
or land development, the borough shall submit copies of the preliminary
plan and accompanying data to the Borough Engineer who shall advise
the Council as to the suitability of all engineering details and specifications;
to the local office of the Department of Environmental Protection;
to the county planning agency with the appropriate fees; and to all
affected public utilities who shall be requested to make recommendations
as to the suitability of the utility easements.
(9)
Approval of the preliminary plans shall not constitute
approval of the final plans.
F.
Compliance with borough action. If the borough 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
borough for approval by the staff. All correspondence and copies of
the plan shall reference the Planning Commission file number.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
G.
Borough approval and certification.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
(1)
The borough will acknowledge the satisfactory compliance
with all conditions, if any, of the preliminary plan approval at a
regularly scheduled public meeting. All materials to be considered
by the borough at such meeting shall be submitted by the applicant
to the borough's staff at least 14 calendar days prior to the meeting.
(2)
Approval of a preliminary 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. The preliminary
plan may not be recorded in the office of the Cumberland or Franklin
County Recorder of Deeds.
(3)
Preliminary plan approval will be effective for a
five-year period from the date of the Council of the Borough of Shippensburg's
approval of the preliminary plan application; therefore, final plan
applications for the entire project must be made within five years
of preliminary plan approval unless the borough grants a waiver by
extending the effective time period of the approval.
(4)
The applicant may, after receipt of acknowledgment from the borough of the satisfactory completion of any conditions of preliminary plan approval, proceed to construct the improvements or satisfactory assurance of the completion of the improvements in accordance with § 137-21 of this chapter as required by the ordinance and shown on the approved preliminary plan. The applicant shall indicate the intent to construct the improvements in writing to the borough prior to the start of construction. Additionally, the applicant shall complete and enter into the appropriate Memorandum of Understanding (see Appendix No. 34[2]). 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.
[2]
Editor's Note: All Appendix material is on
file in the borough offices.
(5)
Construction and completion of the improvements shall
not constitute permission to sell lots or occupy proposed buildings
shown on the plan.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
A.
An application for final plan approval can be submitted
only after the following, when required as noted, have been completed.
(1)
The receipt of an unconditional preliminary plan approval by the Council of the Borough of Shippensburg in accordance with § 137-9 of this chapter, when a preliminary plan approval is required; and the completion of the improvements required by this chapter when the improvements are not assured by the kind of guaranties provided in § 137-21 of this chapter.
(2)
Final plans may be filed with the Commission on any
business day; however, the Commission will officially review a plan
at a particular meeting only if the plan was filed at least 15 calendar
days prior to that meeting. A schedule of the Commission's meetings
for each calendar year and the corresponding dates for submission
of plans and applications shall be published as a public notice.
(3)
The final plan may be submitted in sections, each
section covering a reasonable portion of the entire proposed subdivision
or land development 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 unless the Commission specifically approves
a lesser percentage for one or more sections.
(4)
The Commission may accept a final plan modified to
reflect a change to the site or its surroundings which occurs after
the preliminary plan review. The Commission shall determine whether
a modified final plan will be accepted or whether a new preliminary
plan shall be submitted.
B.
Application requirements. All final plan applications
shall include the following:
(1)
Nine copies of the final plan, plus one additional
copy if the site is within 1,000 yards of a municipal boundary and
one additional copy if the site abuts a state road. 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, including stormwater management
plans and calculations.
(4)
A filing fee shall accompany the final plan, consisting
of a check or money order drawn to the Borough of Shippensburg Treasurer
(see fee schedule available at the Borough of Shippensburg). A separate
filing fee must be submitted for each application. If one check is
issued for multiple plans, a detailed breakdown of the individual
fee assessments must accompany the payment.
(5)
Notification signed by the municipal zoning officer
that the proposal is generally in conformance with applicable zoning
regulations and that if any zoning variance, special exception or
conditional use is required that such approval has been granted or
the status of any such application which has not been granted. A copy
of the zoning variance, including all conditions imposed, shall be
submitted to the Planning Commission of the Borough of Shippensburg
as part of any final plan application.
(8)
A final plan application shall be accompanied by all required plans and documents and the required filing fee. The Manager or the Manager's designee shall have seven calendar 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 the information required by this chapter. If defective, the application will be returned to the applicant with a statement that the application is incomplete within the seven-calendar-day period; otherwise the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Manager under this section to the Council of the Borough of Shippensburg in accordance with § 137-44 of this chapter.
C.
Plan requirements. All final plans shall be prepared in conformance with the provisions of § 137-17 of this chapter and any other applicable requirements of law.
D.
Distribution.
(1)
The Planning Commission of the Borough of Shippensburg
shall distribute one copy of the final plan to each of the following:
(a)
Municipal Secretary or Manager.
(b)
Fire company.
(c)
Electric company.
(d)
Telephone company.
(e)
Gas company.
(f)
Pennsylvania Department of Transportation (if
the subject site abuts a state road).
(g)
Pennsylvania Department of Environmental Protection.
(h)
Cumberland or Franklin County Planning Commissions
(two copies).
(i)
Adjoining municipality (if the site is located
within 1,000 yards of a municipal boundary).
(2)
The Planning Commission will also notify the landowner,
applicant, firm that prepared the plan, local Municipal Solicitor,
local Municipal Engineer and school district of the filing of the
plan.
E.
Review of plans by Commission.
(1)
The Commission and Borough Council will schedule the
final plan application for action at regularly scheduled public meetings
within 90 calendar days of the first public meeting of the Commission
after the date of filing, or if a meeting does not occur within 30
calendar days of the application date, the ninety-calendar-day period
shall be measured from the application date.
(2)
In general, the Commission will schedule the final
plan application for action at the first Commission meeting which
is at least 15 calendar days following filing. Before action on any
subdivision or land development plan, the Commission may hold a public
hearing thereon after public notice. 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.
F.
Notification of Council of the Borough of Shippensburg
Action.
(1)
Within 15 calendar days after the meeting at which
the final plan is reviewed, the staff of the Planning Commission shall
send written notice to the Council of the Borough of Shippensburg's
of the Commission's action either recommending approval of the final
plan or denial of the final plan. In the case of a denial the Commission
shall set forth in writing the specific reasons for the recommendation
that the plan be denied. In addition to the Council, the Commission
shall send written notification of its recommendation to the following:
(2)
If the final plan is recommended for disapproval,
the Commission will notify the above individuals, in writing, of the
defects in the application and will identify the requirements which
have not been met, citing the provisions of the statute or ordinance
relied upon.
(3)
If the Commission recommends approval of the final
plan, approval with modifications or disapproval, it shall notify
the Council of the Borough of Shippensburg within 15 calendar days
of its action.
(4)
Before acting on any final subdivision or land development
plan, the Council of the Borough of Shippensburg may hold a public
hearing thereon after public notice, but not less than five calendar
days following notification of the Commission action.
(5)
The Council of the Borough of Shippensburg shall take
official action on a final subdivision or land development plan at
a regularly scheduled meeting or work session of the Council held
within 90 calendar days following the application date of the plan.
(6)
When the application is not approved as filed, the
decision of the Council of the Borough of Shippensburg 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. Such decision shall be communicated to
the landowner or their agent, the applicant and the Commission, in
writing, within 15 calendar days following the decision.
(7)
Failure of the Council of the Borough of Shippensburg
to render a decision in the manner and within the time prescribed
by the Code shall be deemed an approval of the final plan in terms
as presented unless the applicant in terms as presented unless the
applicant has agreed in advance 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 the manner of presentation of communication shall have a
similar effect.
(8)
Before taking any final action on any submitted final
plan, the borough shall submit copies of the final plan and accompanying
data to the Borough Engineer who shall advise the Council as to the
suitability of all engineering details and specifications; to the
local office of the Department of Environmental Protection; to the
county planning agency with appropriate fees; and to all affected
public utilities who shall be requested to make recommendations as
to the suitability of the utility easements.
G.
Compliance with Council of the Borough of Shippensburg
action. If the Council of the Borough of Shippensburg 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 Council of
the Borough of Shippensburg for approval by the staff.
H.
Final plan certification.
(1)
After the Council of the Borough of Shippensburg'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, which shall
be black line on stable plastic base film, and one set of final plans,
which shall be a paper copy for the Council of the Borough of Shippensburg
files. The two transparent copies of the final plan shall be certified
in the following manner: signature of the developer or landowner and
signature of the engineer or surveyor who prepared the final plan.
(2)
Payment of costs of review. Prior to the recording
of a final plan, the developer shall pay to the Borough of Shippensburg
the costs incurred by the borough in the review of the plan, which
shall include but not be limited to engineering fees, attorney's fees,
environmental or historical reviews, traffic studies and so forth.
Said fees shall be billed in accordance with the schedule of fees
adopted by the Council of the Borough of Shippensburg from time to
time by resolution.
I.
Final plan recordation.
(1)
Upon approval and certification and payment of all
costs to the borough of a final plan, the applicant shall record the
plan in the office of the Cumberland or Franklin County Recorder of
Deeds.
(2)
Should the applicant fail to record the final plan
within 90 days of the Council of the Borough of Shippensburg's final
plan approval, the Council of the Borough of Shippensburg action on
the plan shall be null and void unless the Council of the Borough
of Shippensburg has granted a waiver by extending the effective time
period of the approval.
J.
Prior sale of lots prohibited. The final plan shall
be filed with the Cumberland or Franklin County Recorder of Deeds
before proceeding with the sale of lots.
K.
Approval signature required. No final plan for any
subdivision or land development may be recorded unless it bears the
signature of an authorized representative of the Council of the Borough
of Shippensburg and the Planning Commission of the Borough of Shippensburg
denoting approval of the plan by the Council of the Borough of Shippensburg
and the Planning Commission of the Borough of Shippensburg, as well
as review by the county planning agency.
L.
Dedication by recording the final plan. After approval
of the final plan by the Council of the Borough of Shippensburg, the
act of recording 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 below. However,
the approval of the Council of the Borough of Shippensburg shall not
impose any duty upon the commonwealth, county or municipality concerning
acceptance, maintenance or improvement of any such dedicated areas
or portion of same until proper authorities of the commonwealth, county
or municipality actually accept the same by ordinance or resolution
or by entry, use or improvement.
M.
Notice of reservation from public dedication. The
landowner 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 owner and
the commonwealth, county and local authorities shall assume no right
to accept ownership or right-of-way.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
A.
Any replotting or resubdivision of recorded plans
or revision of approved final plans which have not yet 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 survey corrections can be made.
B.
In every case where a plan alteration conforms to
the above, i.e., represents survey corrections, the applicant shall:
(1)
Submit to the Council of the Borough of Shippensburg
two black on white or blue on white paper copies of the revised final
plan, one application form and the appropriate filing fee. (See Appendix
24.[1]) Upon review by Council and staff of the revision, the applicant will be advised as to whether or not the revision complies with the standards of § 137-17D of this chapter.
[1]
Editor's Note: All Appendix material is on
file in the borough offices.
(2)
If the revision complies, the applicant shall prepare
two plans, which shall be transparent black line reproductions of
the original plan and one set of paper copies of the plan for the
borough's files and which shall specifically identify the alteration(s)
to the previously recorded plan.
(3)
The applicant shall then submit the plan to the Municipal Secretary or authorized municipal official for certification as specified in § 137-10H of this chapter and the Commission for signature as specified in § 137-10M of this chapter. (See Appendixes 22 and 19.[2])
[2]
Editor's Note: All Appendix material is on
file in the borough offices.
(5)
Prior to any rerecording, a note shall be placed on
the replat specifying the Record Plan Book number of the original
final plan.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
A.
Land developments which involve a single nonresidential
structure on a previously approved and recorded lot or the provision
of a second principal building on a tract or parcel which currently
contains a single principal building or development of a single tract
or parcel of land which involves a single building containing not
more than four units of occupancy may be submitted as final plans
in accordance with the provisions of this chapter.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]
A plan which proposes to alter the location
of lot lines between existing lots of separate ownership for the sole
purpose of increasing lot size.
A.
Lot add-on requirements. Lot add-on plans shall only
be permitted when:
(1)
No lot or tract of land is created which is smaller
than the minimum nor larger than the maximum lot size permitted by
the applicable zoning ordinance;
(2)
Drainage easements or rights-of-way are not altered;
(3)
Access to the affected parcels is not changed;
(4)
Street alignments are not changed; and
(5)
No new lots are created.
B.
Lot add-on plan required. Where the above conditions are satisfactorily proven to exist, a plan shall be prepared and submitted in accordance with the requirements of § 137-18 of this chapter.
C.
Deed required. A copy of the deed to be recorded for
the receiving tract shall be submitted prior to recording of the lot
add-on plan. The deed shall provide a description of the receiving
tract which reflects the proposal to join it in common with the acreage
to be conveyed.
D.
Lot add-on plan submission and recording procedures.
In every case where a proposal conforms to the requirements of this
section, the application shall comply with the following procedures:
(1)
Submit to the borough four black on white or blue on white paper copies of a lot add-on plan prepared to the standards specified in § 137-18 of this chapter and one correctly completed application form (see Appendix 24[1]). Upon review of the revision, the staff will, in writing,
advise the applicant whether or not the proposal qualifies as a lot
add-on.
[1]
Editor's Note: All Appendix material is on
file in the borough offices.
(2)
If the plan qualifies, the applicant shall prepare
two plans for recording, which shall be transparent reproductions
of the original plan with black line on stable plastic base film and
one set of paper copies of the plan for the borough's files. The two
transparent copies for the plan shall be certified by the borough
(see Appendix 20[2]). The applicant shall record the plans with the Cumberland
or Franklin County Recorder of Deeds. These plans shall be filed with
the County Recorder of Deeds prior to the execution of a deed for
the land.
[2]
Editor's Note: All Appendix material is on
file in the borough offices.
(3)
All plans approved under this subsection shall be
recorded as specified in this chapter.
A.
Application requirements. All requests for waivers
shall be made in accordance with the following procedure:
(1)
All requests for a waiver shall be made in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based or the alternative standard proposed to provide equal or better results, the section or sections of this chapter which are requested to be waived and the minimum modification necessary. The request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 137-15).
(2)
Should a revision to a submitted plan require a waiver which was not apparent at the time of initial plan submission, the request for a waiver shall be submitted in accordance with Subsection A(1) above at the time of submission of the revised plans.
(3)
Requests for waivers shall be considered by the Planning
Commission at a public meeting which is at least 14 days after the
submission of the waiver request.
B.
Commission action. At a scheduled public meeting,
the Commission 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 or to be unreasonable or
that an alternative standard has been demonstrated to provide equal
or better results, provided that such modification will not be contrary
to the public interest and that the purpose and intent of this chapter
is observed. The applicant shall demonstrate that the alternative
proposal represents the minimum modification necessary. If the Commission
determines that the applicant has met his burden, it may grant a waiver
from the literal compliance with the terms of this chapter.
C.
Notification of Commission action.
(1)
After the meeting at which the waiver was reviewed,
the Commission shall send notice of the Commission's action to the
following individuals:
(2)
If the Commission denies the request, the Commission
will notify the above individuals, in writing, of the justification
for denial. If the Commission grants the request, the final plan shall
include a note which identifies the specific waiver as granted.
