A.
Intent. It is the intention of East Hempfield Township to efficiently
process all subdivision and/or land development plans in accordance
with the PA MPC. Therefore, the Township encourages applicants to
meet with and discuss their projects with Township staff so as to
gain a complete understanding of the Township's review process
specific to each project.
C.
Overview of plan processing procedures. Applicants are encouraged
to meet with the Township's Director of Planning, Township Planning
Staff, and Township Engineer to discuss the plan processing requirements
for each project.
(1)
Sketch plans.
(a)
Sketch plans are optional and are not required to be submitted;
however, sketch plans are highly encouraged.
(2)
Preliminary plans.
(a)
Except as noted in § 265-4.1C(2)(b) and (c) below, preliminary plans are required to be submitted and processed in accordance with § 265-4.3.
(b)
The Township's Board of Supervisors has determined that some types of projects may be exempted from preliminary plan requirements (see § 265-4.3C below).
(c)
Based on the unique circumstances of each project, the Township's Board of Supervisors, at its discretion and upon consideration of the recommendations made by the Township Planning Commission, may waive/modify preliminary plan requirements and permit projects to proceed directly to final plan (see § 265-4.3D below).
The Township places great value on the open exchange of ideas between the applicant and Township before the applicant invests considerable time and funds in the preparation and submittal of the applicant's preliminary and/or final subdivision and/or land development plan. The applicant is encouraged, but not required, to initiate the subdivision and/or land development process by completing the sketch plan process. The sketch plan shall be prepared in accordance with Article 5 and is a permissive and not a mandatory submission. The submission of the sketch plan enables East Hempfield Township to openly discuss the applicant's project and to make recommendations for the applicant to consider in preparing the formal submission. In accordance with § 265-4.3D(1)(a), an applicant who elects to take advantage of the sketch plan process will, at the applicant's option, have the right to seek a modification of the preliminary plan process and, if approved, forego the preliminary plan processing requirements. Again, the sketch plan process is encouraged in all situations, but is not mandatory; however, an applicant cannot request a modification of the preliminary plan process unless he has submitted a sketch plan. In accordance with Section 265-4.3.D.(1)(b), an applicant who obtains conditional use approval of its project shall also have the right, at the applicant's option, to seek a modification of the preliminary plan process if a site plan was included with the conditional use application, said site plan must have illustrated all salient features of a sketch plan (§ 265-5.2). If approved, the applicant may forego the preliminary plan processing requirements.
A.
General. All applicants for subdivision and/or land development are
encouraged to submit a sketch plan to East Hempfield Township for
review prior to submission of a formal application; however, submission
of a sketch plan is not mandatory. Submission of a sketch plan does
not constitute a formal subdivision or land development application.
B.
Plan information. Sketch plan reviews are not required to be consistent with procedures of the PA MPC. Sketch plans prepared for review and discussion should include those items listed in § 265-5.2.
C.
Submission, meeting, and consultant review. Submission of the sketch
plan application to the Township shall consist of:
(1)
Sketch plan. Sufficient paper copies of the sketch plan as determined
by the Board of Supervisors, plus one additional copy if the subject
tract is within one mile of a Township boundary and one additional
copy if the subject tract abuts a state highway. In addition, two
CD/DVDs with PDFs of all submitted documents shall be required.
(2)
Supplemental data. Two paper copies of all reports, notifications
and certifications that are not provided on the sketch plan.
(3)
Zoning approval.
(a)
If the sketch plan has been the subject of a zoning approval
process (variance, special exception, and/or conditional use), this
zoning approval process should be decided by the Board of Supervisors
and/or the Zoning Hearing Board, as applicable, prior to submission
of the sketch plan. A paper copy of all prior, relevant zoning decisions
must be submitted with the sketch plan. A sketch plan may be submitted
prior to final resolution of zoning approvals when the Township's
recommendations on a sketch plan may influence the particular zoning
approval to be sought by a plan's applicant.
(b)
The applicant shall meet with the Township Zoning Officer prior
to submitting the sketch plan. The Township Zoning Officer shall review
the plan with the applicant and issue a letter identifying either
that the proposed activity/plan appears to generally comply with the
Township Zoning ordinance[1] or that the proposed activity/plan does not appear to
comply with the Township Zoning ordinance and that corrections will
be made prior to submitting the sketch plan or that zoning approval
will be sought in accordance with Subsection C(1)(a) above. Such letter,
as issued by the Zoning Officer, shall be submitted with the sketch
plan.
(4)
Application form. One application form completely and correctly
executed, with all information legible, and bearing all required signatures.
(5)
Filing fee. A filing fee in accordance with East Hempfield Township's
current fee schedule.
D.
Meeting and consultant review.
(1)
The applicant may schedule a review meeting with the Township
Staff which may include the Township Manager, Assistant Manager, Director
of Planning (or his designee), Zoning Officer, Township Engineer,
other appropriate Township staff, and/or County Community Planner.
The applicant shall be responsible for costs associated with this
meeting.
(2)
The Township Planning Commission, Township Engineer, and/or
legal consultant may perform a written review of the sketch plan,
at the applicant's sole cost and expense; however, such written
review is required if, following the sketch plan, a final plan will
be submitted in lieu of a preliminary plan. In such cases, the written
review shall be provided to the applicant with copies to Township
Staff, the Township Planning Commission, and the Lancaster County
Planning Commission.
E.
Review by Township Planning Commission.
(1)
The Township Planning Commission shall review the sketch plan
submission and, as applicable, the consultant reviews and advises
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 Township Planning
Commission may then submit its written comments and recommendations
to the applicant.
(2)
If the applicant has requested a modification of the preliminary
plan process as part of his sketch plan submission, the Township Planning
Commission shall recommend approval or denial of the waiver/modification
during its review of the sketch plan. The Planning Commission will
not make recommendations on any other modification requests during
the sketch plan process.
F.
Review by Board of Supervisors.
(1)
The applicant may, but need not, request further review of the
sketch plan submission by the Board of Supervisors at a regularly
scheduled meeting. 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.
(2)
At this time, the Board of Supervisors shall also take note
of the Township Planning Commission's recommendation for approval/denial
of a modification of the preliminary plan process and may approve/deny
such request as part of its review of the sketch plan. The Board of
Supervisors does not approve, deny, or act on a sketch plan request
and Board comments shall not be deemed to be an approval of any application
or to vest any rights in the applicant.
G.
Completion of the sketch plan process. After completion of the sketch
plan process or conditional use process (if required by the Zoning
ordinance), the applicant is allowed to do one of the following:
A.
Purpose. The purpose of the preliminary plan is to require formal
preliminary approval in order to vest the plan from changes in Township
ordinances, phase development, and provide additional time to complete
conditions of approval.
B.
Preliminary plans Required. Unless the plan is exempted from preliminary plan requirements (pursuant to § 265-4.3C below) or a modification of preliminary plan processing has been granted by the Board of Supervisors (pursuant to § 265-4.3D below), preliminary plans are required. Preliminary plans are also required when any of the following conditions exist:
(1)
The applicant proposes to establish an access which does not
meet the safety criteria of the Township's current ordinances.
(2)
The applicant proposes to phase construction of required infrastructure
improvements including, but not limited to, streets, sewer and water
facilities, and stormwater management facilities.
C.
Plans exempted from preliminary plan requirements. Preliminary plans
are not required in the following circumstances. Applicants for such
projects may submit final plans only; however, they are encouraged
to submit a sketch plan prior to submitting a final plan.
(1)
The construction of a new or expansion of an existing single,
nonresidential building of less than 1,000 square feet on a lot that
was approved for such nonresidential use. The proposed building shall
be on a lot of record for which all improvements associated with the
approval of such lot shall be completed and for which access to the
lot shall meet the standards of the current chapter and traffic generated
by the proposed use shall not exceed an additional 10% of the currently
generated average daily trips (ADT).
(2)
The construction of a new or expansion of a second principal
building of less than 1,000 square feet on a lot which contains an
existing principal building and for which traffic generated by the
new use shall not exceed an additional 10% of the currently generated
ADT.
(3)
The development of a residential building with less than three
units of occupancy that is served by public water and sewer facilities.
(4)
A subdivision plan of not more than nine residential lots served
by public water and sewer facilities and for which no new street provisions
are required.
D.
Modification of preliminary plan requirements.
(1)
In accordance with § 265-3.1E, applicants may request the Board of Supervisors' consideration of a modification of preliminary plan requirements. Upon consideration of the recommendation made by the Township Planning Commission, the Board of Supervisors may allow preliminary plan requirements to be waived. Such projects can include but are not limited to the following:
(2)
In so granting a modification of the preliminary plan process,
the Board of Supervisors is granting an expedited plan review process
to the applicant. However, if, at the discretion of the Township's
Director of Planning, and with Board of Supervisors' concurrence,
the subsequent final plan submission is substantially different than
the sketch plan or the representations made by the applicant at the
time that the sketch plan was submitted and reviewed and/or preliminary
plan modification was applied for and granted, the modification/waiver
of the preliminary plan processing requirements may be revoked by
the Board of Supervisors, causing the applicant to submit a preliminary
plan.
E.
Plan requirements. All preliminary plans shall be prepared in conformance with the provisions of § 265-5.3 and any other applicable requirements of law.
F.
Submission. Official submission of the preliminary plan application
to the Township shall consist of:
(1)
Preliminary plan. Sufficient paper copies of the preliminary
plan as determined by the Board of Supervisors, plus one additional
copy if the subject tract is within one mile of a Township boundary
and one additional copy if the subject tract abuts a state highway.
In addition, two CD/DVDs with PDFs of all submitted documents shall
be required.
(2)
Supplemental data. Two paper copies and two CD/DVDs with PDFs
of all reports, notifications and certifications that are not provided
on the preliminary plan, including stormwater management plans and
calculations.
(3)
Zoning approval.
(a)
If the preliminary plan has been the subject of a zoning approval
process (variance, special exception, and/or conditional use), this
zoning approval process must have been decided by the Board of Supervisors
and/or the Zoning Hearing Board, as applicable, prior to submission
of the preliminary plan. A paper copy of all prior, relevant zoning
decisions must be submitted with the preliminary plan.
(b)
The applicant shall meet with the Township Zoning Officer prior
to submitting the preliminary plan. The Township Zoning Officer shall
review the plan with the applicant and issue a letter identifying
either that the proposed development appears to generally comply with
the Township Zoning ordinance[1] or that the proposed development does not appear to comply with the Township Zoning ordinance and that corrections will be made prior to submitting the preliminary plan or zoning approval will be sought in accordance with Subsection F(3)(a) above. Such letter, as issued by the Zoning Officer shall be submitted with the preliminary plan.
(4)
Application form. One application form completely and correctly
executed, with all information legible, and bearing all required signatures.
(5)
Filing fee. A filing fee in accordance with East Hempfield Township's
current fee schedule.
(6)
Application completeness review. All required plans and documents
and the required filing fee shall accompany a preliminary plan application.
East Hempfield 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 the information
required by this chapter. Within these seven days, the Township may
reject an application as incomplete, in such case the required time
for Township action on a plan does not start and will not start until
a complete application is received by the Township. (Refer to checklists.)
(7)
Submission to the Lancaster County Planning Commission. Upon
receiving notice from the Township that the preliminary plan submission
is complete, or the passage of the above-referenced seven days, or
upon the Township's execution of necessary Lancaster County Planning
Commission (LCPC) applications, it is the responsibility of the applicant
to make a complete submission of plans, supplemental data, zoning
approval, application form, and filing fee to the LCPC, in accordance
with the requirements of the LCPC.
G.
Acknowledgement and referral/notification.
(1)
At the first Planning Commission meeting following the Township's
determination that the preliminary plan application is complete, the
Planning Commission shall acknowledge the preliminary plan.
(2)
The Township shall then notify the following of the preliminary
plan application, as deemed applicable by the Township, and provide
a copy of the plan and application if requested:
H.
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 the Planning Commission meeting at which time they acknowledged
the preliminary plan. The Planning Commission may schedule a preliminary
plan for action at an earlier meeting if the Commission believes that
the plan is ready for action. 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 Lancaster County Planning Commission comments.
(4)
Send meeting minutes or a written report recommending approval
or disapproval of the preliminary plan and the reasons therefor citing
the provisions of the statute or ordinance relied upon, to the following:
I.
Board of Supervisors action. Following receipt of the Planning Commission's
report and within 90 days following the date of the first regular
meeting of the Planning Commission next following the date the application
is filed, unless additional time has been granted in writing by the
applicant, the Board of Supervisors will schedule the preliminary
plan application for action at a regularly scheduled public meeting.
In considering the preliminary plan application, the Board of Supervisors
shall:
(1)
Review and evaluate the application and all reports received
from applicable reviewing agencies and consultants for compliance
with all Township ordinances.
(2)
Review comments from the Lancaster County Planning Commission
and Township Planning Commission.
(3)
Take formal action on the preliminary plan and any associated
modification requests.
J.
Notification of Board of Supervisors action.
(1)
Written notification. Within 15 days of the meeting at which
the preliminary plan application is acted upon by the Board of Supervisors,
written notice of the Board of Supervisors' action shall be sent
to the applicant. The Township may also send copies to the following
individuals:
(2)
Disapproval of application. If the preliminary plan application
is disapproved, the Board of Supervisors will notify the above individuals,
in writing, of the defects in the application and will identify the
requirements that have not been met, citing the provisions of the
statute or ordinance relied upon.
(3)
Failure of Board of Supervisors to act. Failure of the Board
of Supervisors to render a decision and communicate it to the applicant
within the time and 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 prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change will have a like
effect.
K.
Compliance with Board of Supervisors action.
(1)
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 paper
copies of the plan to be submitted to the Township for approval by
the Board of Supervisors.
(2)
Failure to reject the conditions in writing by the applicant
within 30 days after written notification by the filing of an appeal
shall constitute an acceptance of the conditions by the applicant.
L.
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 Lancaster County Recorder
of Deeds.
(2)
Time period of approval. Consistent with Section 508 of the
PA MPC, preliminary plan approval will be protected for a five-year
period from the date of the Board of Supervisors' approval of
the preliminary plan application; therefore, the subsequent final
plan or construction of the project must be substantially completed
within five years of said date unless the Board of Supervisors grants
a modification by extending the effective time period of the approval.
(3)
Submission of application Materials in Electronic Format to
the Township.
(a)
An electronic-format copy of all information submitted to the
Township that was considered in the course of the review and approval
of the preliminary plan shall be provided to the Township, including:
[1]
PDF submissions. Any hard copies of narratives, letters, plans,
drawings, sketches, details, maps, aerial photos, reports, studies,
or any other written and graphic representation submitted (as deemed
necessary by the Township) shall be submitted in an electronic media
version acceptable to the Township with all such information individually
recorded in a current ".pdf" format.
[2]
Other submissions. All projects which receive preliminary plan
approval shall be submitted in an electronic media version in accordance
with the Township's electronic media policy for subdivision and
land development projects.
(b)
For purposes of this section, such terms as "electronic media
version," "PDF," "GIS," and "AutoCAD" are not intended to limit the
use and application of future innovations in electronic formatting
systems and/or electronic drafting software as may be suitable to
the Township.
M.
Improvement construction from preliminary plan. In accordance with
the option as set forth in Section 509 of the PA 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.
(1)
Requirements.
(a)
At the time of submission of the sketch plan or preliminary
plan, the applicant shall indicate to the Township in writing his
intent to construct the improvements based on the preliminary plan.
As such, at its sole discretion, the Township may determine that additional
plan requirements be met that exceed the requirements of preliminary
plans but do not exceed the requirements of final plans.
(b)
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,
and the like.
(c)
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.
(d)
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.
(2)
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 and issuance of appropriate permits.
A.
General.
(1)
Final plan submission. Applications for final plan approval
can be submitted only after the following, when required, have been
completed:
(2)
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.
(a)
In the case of residential-only projects and mixed-use projects
that include residential, 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.
(b)
In the case of all other projects than those described in § 265-4.4A(2)(a) above, the project's phasing shall be as required by the applicant and as approved by the Board of Supervisors.
(3)
Modified final plan. The Board of Supervisors may accept a final
plan modified to reflect a change to the subject tract 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. The Board of Supervisors'
determination in this matter will be based upon, but not limited to,
the significance of:
B.
Purpose. The purpose of the final plan is to record the subdivision
and/or land development according to state law, ensure 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.
C.
Plan requirements. All final plans shall be prepared in conformance with the provisions of § 265-5.4 and any other applicable requirements of law.
D.
Submission. Official submission of the final plan application to
the Township shall consist of:
(1)
Final plan.
(a)
Sufficient paper copies of the final plan as determined by the
Board of Supervisors, plus one additional copy if the subject tract
is within one mile of a Township boundary and one additional copy
if the subject tract abuts a State highway. In addition, two CD/DVDs
with PDFs of all submitted documents shall be required.
(b)
The final plans shall be clearly marked, indicating which sheets
are to be recorded. It should be noted, however, that, at its discretion,
the Township may require more plan sheets and possibly all plan sheets
to be recorded or, in lieu of recording all plan sheets, require that
a plan note be added indicating that all plan sheets are recorded
by reference.
(2)
Supplemental data. Two paper copies and two CD/DVDs with PDFs
of all reports, notifications and certifications that are not provided
on the final plan, including Stormwater Management plans and calculations.
(3)
Zoning approval.
(a)
If the final plan has been the subject of a zoning approval
process (variance, special exception, and/or conditional use), this
zoning approval process must have been decided by the Board of Supervisors
and/or Zoning Hearing Board, as applicable, prior to submission of
the final plan. A paper copy of all prior, relevant zoning decisions
must be submitted with the final plan.
(b)
The applicant shall meet with the Township Zoning Officer prior
to submitting the final plan. The Township Zoning Officer shall review
the plan with the applicant and issue a letter identifying either
that the proposed activity/plan appears to generally comply with the
Township Zoning ordinance[1] or that the proposed activity/plan does not appear to comply with the Township Zoning ordinance and that corrections will be made prior to submitting the final plan or zoning approval will be sought in accordance with Subsection D(3)(a) above. Such letter, as issued by the Zoning Officer, shall be submitted with the final plan.
(4)
Application form. One application form completely and correctly
executed, with all information legible, and bearing all required signatures.
(5)
Filing fee. A filing fee in accordance with East Hempfield Township's
current fee schedule.
(6)
Application completeness review. All required plans and documents
and the required filing fee shall accompany a final plan 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 the information
required by this chapter. Within these seven days, the Township may
reject an application as incomplete, in such case the required time
for Township action on a plan does not start and will not start until
a complete application is received by the Township. (Refer to checklists.)
(7)
Submission to the Lancaster County Planning Commission. Upon
receiving notice from the Township that the final plan submission
is complete, or the passage of the above-referenced seven days, or
upon the Township's execution of necessary Lancaster County Planning
Commission (LCPC) applications; it is the responsibility of the applicant
to make a complete submission of plans, supplemental data, zoning
approval, application form, and filing fee to the LCPC, in accordance
with the requirements of the LCPC.
E.
Acknowledgement and referral/notification.
(1)
At the first Planning Commission meeting following the Township's
determination that the final plan application is complete, the Planning
Commission shall acknowledge the final plan.
(2)
The Township shall then notify the following of the final plan
application, as deemed applicable by the Township, and provide a copy
of the plan and application if requested:
F.
Planning Commission Action. In general, the Planning Commission will
schedule the final plan application for discussion at the first Planning
Commission meeting that is at least 30 days following the date of
the Planning Commission meeting at which time they acknowledged the
final plan. The Planning Commission may schedule a final plan for
action at an earlier meeting if the Commission believes that the plan
is ready for action. 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 Lancaster County Planning Commission Comments.
(4)
Send meeting minutes or a written report recommending approval
or disapproval of the final plan and the reasons therefor, citing
the provisions of the statute or ordinance relied upon, to the following:
G.
Board of Supervisors action. Following receipt of the Planning Commission's
report and within 90 days next following the date the application
is filed, unless additional time has been granted in writing by the
applicant, the Board of Supervisors will schedule the final plan application
for action at a regularly scheduled public meeting. In considering
the final plan application, the Board of Supervisors shall:
(1)
Review and evaluate the application and all reports received
from applicable reviewing agencies and consultants for compliance
with all Township ordinances.
(2)
Review comments from the Lancaster County Planning Commission
and Township Planning Commission.
(3)
Take formal action on the final plan and any associated modification
requests.
H.
Notification of Board of Supervisors action.
(1)
Written notification. Within 15 days of the meeting at which
the final plan application is acted upon by the Board of Supervisors,
written notice of the Board of Supervisors' action shall be sent
to the applicant. The Township may also send copies to the following
individuals:
(2)
Disapproval of application. If the final plan application is
disapproved, the Board of Supervisors will notify the above individuals,
in writing, of the defects in the application and will identify the
requirements that have not been met, citing the provisions of the
statute or ordinance relied upon, and/or where the final plan fails
to meet the terms and conditions of the approved preliminary plan,
if applicable.
(3)
Failure of Board of Supervisors to act. Failure of the Board
of Supervisors to render a decision and communicate it to the applicant
within the time and 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 prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change will have a like
effect.
I.
Compliance with Board of Supervisors action.
(1)
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 paper
copies of the plan to be submitted to the Township for approval by
the Board of Supervisors.
(2)
Failure to reject the conditions in writing by the applicant
within 30 days after written notification by the filing of an appeal
shall constitute an acceptance of the conditions by the applicant.
J.
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 Mylar copies 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 kept in the Lancaster County Planning Commission's files. Both Mylar copies of the plan shall be certified in accordance with the provisions of § 265-4.4M.
K.
Board of Supervisors signatures required. Both Mylar copies and one
paper copy of the approved version of the final plan shall be presented
to the Board of Supervisors for signature.
L.
Lancaster County Planning Commission signature required. After obtaining
the required Township signatures, both Mylar copies and one paper
copy of the approved version of the final plan shall be presented
by the applicant to the Lancaster County Planning Commission for signature.
M.
Recordation.
(1)
Recording of final plan. Upon approval and certification of a final plan, the applicant shall record the plan in the office of the Lancaster County Recorder of Deeds, in accordance with the procedures of the Lancaster County Recorder of Deeds. No final plan for any subdivision and/or land development may be recorded unless it bears the signature of an authorized representative of the Township denoting approval of the plan by the Board of Supervisors and the signature of two individuals authorized to sign for the Lancaster County Planning Commission per Section 513 of the PA MPC, as amended. Unless all site improvements have been constructed and completed in accordance with Section 265-4.3M above, the final plan shall not be released for recording until the applicant has provided an improvement construction guarantee in accordance with Article 6 hereof.
(2)
Time period of approval.
(a)
The developer shall within 90 days of such final approval or
90 days after the date of delivery of an approved plan signed by the
Township Board of Supervisors, following completion of conditions
imposed for such approval, whichever is later, record such plan in
the office of the recorder of deeds per Section 513 of the PA MPC,
as amended.
(b)
In the event the plan is not recorded as stated above, the Board
of Supervisors' action is null and void unless the Board of Supervisors
has granted a waiver by extending the effective time period of the
approval.
(3)
Recording number and complete sets of documents required. A recording number and a complete set of plans with all signatures, stamps and seals must be provided to East Hempfield Township before any permits are issued. A CD/DVD of all plans and documents shall be provided to East Hempfield Township before any permits are issued [see § 265-4.4M(5)].
(4)
Reporting to Lancaster County GIS. An electronic copy of the
approved final plan, including lot and tract boundaries, streets,
water, sewer, utility, and building locations, shall be provided to
the staff planner/reviewer at the Lancaster County Planning Commission
(LCPC) at the time of plan recording. The LCPC is responsible for
forwarding same to the Lancaster County GIS Department. Such electronic
copy shall comply with the requirements of the Lancaster County GIS
Department.
(5)
Submission of application materials in electronic format to
the Township.
(a)
An electronic-format copy of all information submitted to the
Township that was considered in the course of the review and approval
of the final plan shall be provided to the Township, including:
[1]
PDF submissions. Any hard copies of narratives, letters, plans,
drawings, sketches, details, maps, aerial photos, reports, studies,
or any other written and graphic representation submitted (as deemed
necessary by the Township) shall be submitted in an electronic media
version acceptable to the Township with all such information individually
recorded in a current ".pdf" format.
[2]
Other submissions. All projects which receive preliminary plan
approval shall be submitted in an electronic media version in accordance
with the Township's electronic media policy for subdivision and
land development projects.
(b)
For purposes of this section, such terms as "electronic media
version," "PDF," "GIS," and "AutoCAD" are not intended to limit the
use and application of future innovations in electronic formatting
systems and/or electronic drafting software as may be suitable to
the Township.
N.
Prior conveyance of lots prohibited. The final plan shall be filed
with the Lancaster County Recorder of Deeds before proceeding with
the conveyance of lots, condominiums, and/or leaseholds. Lots may
be placed under agreement of sale prior to plan recording but not
conveyed.
O.
Dedication by recording the final plan. After approval of the final plan by the Board of Supervisors, 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 in § 265-4.4P. 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 proper authorities of the commonwealth, county, or Township actually accept same by ordinance or resolution, or by entry, use or improvement.
P.
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 landowner, and the commonwealth,
county and local authorities shall assume no right to accept ownership
or right-of-way.
The following minor plans shall be processed as a single submission
and handled as a final plan: centerline separation plan, lot add-on
plan, lot consolidation plan, and revised subdivision and/or land
development plan.
A.
Plan types.
(1)
Centerline separation plan. The division of an existing tract along the centerline of an existing street to create two lots whose common boundary is said centerline if it is in conformance with the criteria specified in § 265-4.5B.
(2)
Lot add-on plan. The proposal to alter the location of lot lines between existing lots of separate ownership or under the same ownership with separate deeds for the sole purpose of increasing lot area if it is in conformance with the criteria specified in § 265-4.5B.
(3)
Lot consolidation plan. The consolidation of two or more existing lots to create one lot with revised lot lines if it is in conformance with the criteria specified in § 265-4.5B.
(4)
Revised subdivision and/or land development plan.
(a)
Revised subdivision and/or land development plans may include
one or more of the following circumstances:
[1]
Replatting of recorded plans due to survey corrections.
[2]
Revision due to survey corrections of approved final plans which
have not yet been recorded.
[3]
Redivision of leasehold space in multi-tenant, flexible-space
buildings, including but not limited to retail centers and light industrial
facilities, where the redivision of leasehold space will not negatively
impact available parking; existing water, sewer, and stormwater facilities;
and, traffic infrastructure.
[4]
Field changes made during construction of improvements as authorized under an approved preliminary or final plan. Such field changes shall, in the opinion of the Township's Director of Planning, be substantial enough to require further documentation and approval than would be satisfied by the as-built plan requirements found in § 265-6.9. Such changes include amending the location of easements and substantial changes to the physical location of improvements caused by unanticipated field conditions; in no way shall these changes impact the intended function of the easement and/or improvements.
[5]
Minor revisions to previously recorded plans not addressed by § 265-4.5A(4)(a)[1] through [4] above, where, in the opinion of the Township's Board of Supervisors, the revision will not negatively impact available parking; existing water, sewer, and stormwater facilities; traffic infrastructure; and the previously approved site design.
(b)
At the time of submittal of the revised subdivision and/or land
development plan, the applicant shall identify all such corrections,
changes, and/or amendments that are being addressed by the plan and
stipulate that all other features of the previous plans, as applicable,
remain unchanged.
B.
Plan criteria. Minor plans shall only be permitted when all of the
following criteria are satisfied, as applicable:
(1)
The resultant lots meet all dimensional, area, and bulk 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, except
as may be permitted via revised subdivision and/or land development
plans.
(4)
Access to the affected lots 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. Where the above conditions are satisfactorily proven to exist, a minor plan shall be prepared in conformance with the provisions of § 265-5.5 and any other applicable requirements of law.
D.
Submission. Official submission of the minor plan application to
the Township shall consist of:
(1)
Minor plan.
(a)
Sufficient paper copies of the minor plan as determined by the
Board of Supervisors. In addition, two CD/DVDs with PDFs of all submitted
documents shall be required.
(b)
The minor plans shall be clearly marked, indicating which sheets
are to be recorded. It should be noted, however, that, at its discretion,
the Township may require more plan sheets and possibly all plan sheets
to be recorded or, in lieu of recording all plan sheets, require that
a plan note be added indicating that all plan sheets are recorded
by reference.
(2)
Supplemental data. Two paper copies and two CD/DVDs with PDFs
of all reports, notifications and certifications that are not provided
on the minor plan, including Stormwater management plans and calculations.
(3)
Zoning approval.
(a)
If the minor plan has been the subject of a zoning approval
process (variance, special exception, and/or conditional use), this
zoning approval process must have been decided by the Board of Supervisors
and/or Zoning Hearing Board, as applicable, prior to submission of
the minor plan. A paper copy of all prior, relevant zoning decisions
must be submitted with the minor plan.
(b)
The applicant shall meet with the Township Zoning Officer prior
to submitting the minor plan. The Township Zoning Officer shall review
the plan with the applicant and issue a letter identifying either
that the proposed activity/plan appears to generally comply with the
Township Zoning ordinance[1] or that the proposed activity/plan does not appear to comply with the Township Zoning ordinance and that corrections will be made prior to submitting the minor plan or zoning approval will be sought in accordance with Subsection D(3)(a) above. Such letter, as issued by the Zoning Officer, shall be submitted with the minor plan.
(4)
Application form. One application form completely and correctly
executed, with all information legible, and bearing all required signatures.
(5)
Filing fee. A filing fee in accordance with East Hempfield Township's
current fee schedule.
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 minor plan application, the Planning Commission
shall:
(1)
Review and evaluate the application and all reports received
from applicable reviewing agencies (including LCPC action, if required)
and Township consultants. Determine whether the minor plan and reports
meet the requirements and objectives of this chapter and other applicable
ordinances.
(2)
Send meeting minutes or a written report recommending approval
or disapproval of the minor plan and the reasons therefor, citing
the provisions of the statute or ordinance relied upon, to the following:
F.
Board of Supervisors action. Following receipt of the Planning Commission's
report and within 90 days following the date of the first regular
meeting of the Planning Commission after the date the application
is filed, the Board of Supervisors will schedule the minor plan application
for action at a regularly scheduled public meeting. In considering
the minor plan application, the Board of Supervisors shall:
(1)
Review and evaluate the application and all reports received
from applicable reviewing agencies (including LCPC action, if required).
Determine whether the minor plan and reports meet the requirements
and objectives of this chapter and other applicable ordinances.
(2)
Take formal action on the minor plan and any associated modification
requests.
G.
Notification of Board of Supervisors action.
(1)
Written notification. Within 15 days of the meeting at which
the minor plan application is acted upon by the Board of Supervisors,
written notice of the Board of Supervisors' action shall be sent
to the applicant. The Township may also send copies to the following:
(2)
Disapproval of application. If the minor plan application is
disapproved, the Board of Supervisors will notify the above individuals,
in writing, of the defects in the application and will identify the
requirements that have not been met, citing the provisions of the
statute or ordinance relied upon.
(3)
Failure of Board of Supervisors to act. Failure of the Board
of Supervisors to render a decision and communicate it to the applicant
within the time and 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 prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change will have a like
effect.
H.
Compliance with Board of Supervisors action.
(1)
If the Board of Supervisors conditions its minor plan approval
upon receipt of additional information, changes and/or notifications,
such data shall be submitted and/or alterations noted on two paper
copies of the plan to be submitted to the Township for approval by
the Board of Supervisors.
(2)
Failure to reject the conditions in writing by the applicant
within 30 days after written notification by the filing of an appeal
shall constitute an acceptance of the conditions by the applicant.
I.
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 Mylar copies and two paper copies of the approved version of the minor plan. One paper copy of the minor plan shall be kept in the Township files and one paper copy of the minor plan shall be kept in the Lancaster County Planning Commission's files. Both Mylar copies of the minor plan shall be certified in accordance with the provisions of § 265-4.5L.
J.
Board of Supervisors signatures required. Both Mylar copies and one
paper copy of the approved version of the minor plan shall be presented
to the Board of Supervisors for signature.
K.
Lancaster County Planning Commission signature required. After obtaining
the required Township signatures, both Mylar copies and one paper
copy of the approved version of the minor plan shall be presented
by the applicant to the Lancaster County Planning Commission for signature.
L.
Recordation of plan and deed.
(1)
Recording of the minor plan. Upon approval and certification
of a minor plan, the applicant shall record the plan in the office
of the Lancaster County Recorder of Deeds, in accordance with the
procedures of the Lancaster County Recorder of Deeds. No minor plan
may be recorded unless it bears the signature of an authorized representative
of the Township denoting approval of the plan by the Board of Supervisors
and the signature of two individuals authorized to sign for the Lancaster
County Planning Commission per Section 513 of the PA MPC, as amended.
In the event that the plan requires the installation of subdivision/land
development improvements, then the minor plan shall not be released
for recording until the applicant has provided an improvement construction
guarantee in accordance with Article 6 hereof.
(2)
Deeds.
(a)
For those minor plans resulting in lot line revisions/corrections,
a copy of the deeds to be recorded for the subject tract or receiving
lot(s) shall be submitted prior to recording of the minor plan.
(b)
Recordation of such minor plans does not alone serve to join
the receiving lot with the acreage to be conveyed. To reflect the
descriptions as provided on the recorded plan, deeds must be recorded
for the receiving and conveying lots.
(3)
Time period of approval.
(a)
The developer shall, within 90 days of such final approval or
90 days after the date of delivery of an approved plan signed by the
Board of Supervisors, following completion of conditions imposed for
such approval, whichever is later, record such plan in the office
of the recorder of deeds per Section 513 of the PA MPC, as amended.
(b)
In the event the plan is not recorded as stated above, the Board
of Supervisors' action is null and void unless the Board of Supervisors
has granted a waiver by extending the effective time period of the
approval.
(4)
Recording number and complete sets of documents required. A recording number and a complete set of plans with all signatures, stamps and seals must be provided to East Hempfield Township before any permits are issued. A compact disc of all plans and documents shall be provided to East Hempfield Township before any permits are issued [see § 265-4.5L(6)].
(5)
Reporting to Lancaster County GIS. An electronic copy of the
approved minor plan, including lot and tract boundaries, streets,
water, sewer, utility, and building locations, shall be provided to
the staff planner/reviewer at the Lancaster County Planning Commission
(LCPC) at the time of plan recording. The LCPC is responsible for
forwarding same to the Lancaster County GIS Department. Such electronic
copy shall comply with the requirements of the Lancaster County GIS
Department.
(6)
Submission of application materials in electronic format.
(a)
An electronic-format copy of all information submitted to the
Township that was considered in the course of the review and approval
of the minor plan shall be provided to the Township, including:
[1]
PDF submissions. Any hard copies of narratives, letters, plans,
drawings, sketches, details, maps, aerial photos, reports, studies,
or any other written and graphic representation submitted (as deemed
necessary by the Township) shall be submitted in an electronic media
version acceptable to the Township with all such information individually
recorded in a current ".pdf" format.
[2]
Other submissions. All projects which receive preliminary plan
approval shall be submitted in an electronic media version in accordance
with the Township's electronic media policy for subdivision and
land development projects.
(b)
For purposes of this section, such terms as "electronic media
version," "PDF," "GIS," and "AutoCAD" are not intended to limit the
use and application of future innovations in electronic formatting
systems and/or electronic drafting software as may be suitable to
the Township.
M.
Future development. Any development of the lots created through this
process must follow standard plan processing procedures as specified
in this article.
