A subdivision or land development plan shall not be required where it can be demonstrated to the Planning Bureau that the initial or cumulative impact of the activity or improvement will not result in the need for plan approvals typically associated with a subdivision or land development plan approval process. Although a plan submission as per this chapter is not required, approvals under the Zoning Ordinance, Chapter 300, Stormwater Management Ordinance, Chapter 260, or other City ordinances may be applicable. In addition, a subdivision plan shall not be required for the joining of two or more contiguous lots of record into one lot where no site improvements are planned that would otherwise be cause for preparing a plan. Applicants undertaking projects not exceeding the thresholds below may request a waiver of preliminary and final plan filing requirements as per MPC Section 503(8) and in accordance with § 265-12.
A.
No-impact subdivision shall include, but not be limited to, the following:
(1)
Corrections to bearings and distances as a result of new survey data
or a boundary line agreement that corrects previous errors.
B.
No-impact land development shall include, but not be limited to,
the construction of accessory buildings and building additions with
footprints of not more than 400 square feet, whether initially or
cumulatively, and the division of land or space between or among two
or more existing or prospective occupants, provided that the construction
or division of land or space does not result in the following:
(1)
Installation of new access drives providing vehicular access to or
from a public right-of-way;
(2)
Activities that would require the submission of a stormwater management site plan, excluding small projects and very small projects, as defined in the Stormwater Management Ordinance, Chapter 260;
(3)
Development within flood-prone areas;
(4)
An increase in water consumption or sewage discharge exceeding 350
gallons per day;
(5)
Changes to utility services including new service laterals to increase
capacity or provide fire protection.
(6)
Vertical expansions of more than two stories above existing structures;
(7)
A requirement of additional parking;
(8)
Impacts of development meeting any of the thresholds set forth in § 265-26D(4).
A.
A minor plan shall be submitted for a proposed land development or subdivision following a pre-application conference with City staff, as per § 265-21B, and in accordance with the following requirements.
(1)
A minor plan shall have all of the required plan information of a
combined preliminary/final plan. In addition, the plan will contain
the appropriate recording certificates, including plan preparer certificates
of accuracy, property ownership certificate, Lancaster County Planning
Commission review certificate, and Planning Bureau approval certificate.
(2)
Minor plans shall be submitted to the Planning Bureau, which will
obtain review comments of other City staff as needed during a forty-five-day
review and comment period following plan submission.
(3)
Applicants submitting minor plans shall provide evidence of zoning
approval, or shall have filed an appeal to the Zoning Hearing Board
for any necessary approvals. Unconditional approval of a minor plan
shall not be granted prior to the issuance of zoning approvals.
(4)
At the discretion of the Lancaster County Planning Commission (hereinafter
"LCPC") minor plans will be reviewed administratively, as authorized
by Lancaster City Council with the adoption of Administration Resolution
No. 24 - 2008 and in accordance with procedures established by LCPC.
(5)
All accepted applications shall be reviewed and receive administrative approval, conditional approval or denial within 45 calendar days of plan submission. An exception to the forty-five-day stipulation for the City may occur only when the applicant has agreed in writing to an extension of time. Acceptance of conditions by applicants shall be in accordance with § 265-23B(4)(a) and (b). Plans receiving unconditional approval shall be recorded upon signing of the Planning Bureau certificate. No site improvements shall be installed prior to unconditional approval and recording of the plan.
(6)
The applicant shall have one year to meet any conditions of plan
approval. Failure to submit a revised plan which complies with all
conditions within the aforesaid time period shall serve as a rejection
of the conditions by the applicant and serve to automatically rescind
the plan approval.
(7)
Upon determination that all conditions of administrative conditional
approval have been met, the Chief Planner shall advise the applicant
that the minor plan conditions have been satisfied and that the plan
may be recorded.
B.
Minor plans will be processed by City staff and not the Commission.
In order for the City to accept an application as a minor plan, the
applicant must attend a pre-application conference with City staff.
For a plan to be considered "minor," it must meet one of the following
criteria:
(1)
The resubdivision of a lot for the purpose of correcting existing
errors associated with a legal description.
(2)
Changes to lot lines for the purpose of correcting existing encroachments
caused by fences, driveways, landscaping or buildings.
(3)
Creation of a subdivision/lot add-on plan where the change to a lot
line is in conformity with provisions of the City Zoning Ordinance,[1] or where Zoning Hearing Board approval has been granted
involving changes to a lot line and where no additional lot is being
created.
(4)
Minor adjustments to easements and street rights-of-way.
(5)
A minor amendment to a previously recorded plan prior to completion
of the project and/or release of any financial guarantee, where site
improvements have been or will be made, provided the amendment does
not cause the following:
(a)
An increase in building coverage, as defined by City Code Chapter 300, Zoning, greater than 400 square feet.
(b)
An increase in impervious surface, as defined by City Code Chapter 260, Stormwater Management, equal to or greater than 1,000 square feet.
(c)
Elimination of required landscaping.
(d)
Addition of an access drive.
(e)
A change in pedestrian and/or bicycle access to the site and
to building entrances within the development.
(f)
Elimination of any required improvement.
(6)
A land development consisting of the following:
(a)
Construction of a single nonresidential building or building
addition with a footprint no larger than 1,000 square feet.
(b)
A single new multifamily residential building on one lot containing
no more than 10 units and with a footprint no larger than 1,000 square
feet.
(c)
Conversion of an existing nonresidential building into no more
than 30 residential units, provided there is no increase in lot coverage,
no requirement for a traffic/transportation study, and no requirement
for a planning module.
(7)
Conversion of an accessory structure to a residential unit.
C.
The following plan processing requirements shall be followed when
submitting a minor plan:
(1)
The City submittal shall consist of one paper copy of the plan, which shall be signed by the landowner as per § 265-26D(3)(g), one copy of any reports or supplemental information, a completed City plan application and plan application fee. The Planning Bureau may request additional paper copies as needed. An electronic copy of all application and resubmission materials shall be submitted in a format acceptable to the Chief Planner.
[Amended 11-10-2020 by Ord. No. 12-2020]
(2)
The County submittal shall be in accordance with LCPC requirements.
(3)
Prior to submitting the plan to the LCPC, the applicant shall schedule
a meeting with the Planning Bureau, at which time the plan will receive
an initial technical review. City technical review comments will be
included in the applicant's submission to LCPC.
(4)
Upon satisfying any comments provided by the City, the applicant
shall provide signed and sealed drawings consisting of one mylar and
three paper sets of plans along with two copies of any documents which
are to be recorded. A digital copy of the plan shall be submitted
in a format acceptable to the LCPC. Two digital copies of the plan
and documents to be recorded shall also be provided to the City.
D.
The minor plan process shall not obligate the City to mail written
comments or notices as would be the case for plans reviewed by the
Planning Commission. The signing of the Planning Bureau certificate
on the approved plan will serve as notification of plan approval and
satisfaction of all conditions.
A.
Upon submission of a written request and/or sketch plan application, the Chief Planner shall have the authority to waive the requirement of a preliminary plan submission for subdivision or land development plans meeting criteria set forth below. The applicant shall provide written justification for the modification request and applicable fee in accordance with § 265-12 of this chapter. Upon determination that the purpose of the preliminary plan submission is not being circumvented, the Chief Planner, with the concurrence of the City Engineer, shall waive the preliminary plan submission requirement for the following:
(1)
Subdivisions containing 10 or fewer lots.
(2)
Land developments containing 10 or fewer nonresidential units of
occupancy.
(3)
Conversion of an existing nonresidential building into not more than
40 residential units. However, the preliminary plan submission requirement
shall not be waived by the Chief Planner if the subdivision or land
development will generate 50 or more added vehicle trips (inbound
plus outbound) during the site's peak traffic hour.
(4)
A plan where no change in the location of existing access drives
or the installation of new access drives is proposed unless the access
drive has first received approval of the Traffic Commission.
(5)
Projects that will not generate additional sewage flow requiring
approval of a planning module by the DEP.
(6)
Projects that will not cause a change to the City's Official Map
or require an action of the City Council concerning air rights, lease
or other agreements.
(9)
The project is not proposed to be developed in phases.
(10)
The project has received zoning approval.
B.
The final plan submission shall include all of the data and information
as required by this chapter.
A.
At the time of submission of a preliminary plan to the Commission,
the applicant shall submit the plan to LCPC with the required LCPC
application form and fee. The applicant shall also submit the plan
to other relevant regulatory agencies for review and comment. No action
on the preliminary plan shall be taken by the Commission until the
LCPC report has been received or until the expiration of 30 days from
the date the application was forwarded to the LCPC. All accepted applications
shall be reviewed and final action taken by the Commission within
90 calendar days of the Commission's next regularly scheduled public
meeting following the date the application was filed and accepted
or the final order of court remanding an application. An exception
to the ninety-day requirement for the Commission to take final action
occurs only when the applicant has agreed in writing to an extension
of time.
B.
The steps below shall be followed during the preliminary plan process:
[Amended 11-10-2020 by Ord. No. 12-2020]
(1)
Only applications consisting of the following shall be accepted:
(a)
City review: One paper copy of all application materials and reports shall be submitted to the Chief Planner, and the plan cover sheet shall be signed by the landowner as per § 265-26D(3)(g). In lieu of a plan cover sheet signed by the landowner in the initial submission, the owner of record may submit a letter of landowner acknowledgement. A completed application form, a narrative explaining the project and its significant features, a fee in accordance with the fee schedule adopted by resolution of City Council, and a completed LCPC request for review form shall be submitted. The Planning Bureau may request additional paper copies as needed.
[Amended 11-10-2020 by Ord. No. 12-2020]
(b)
An electronic copy of all application and resubmission materials
shall be submitted in a format acceptable to the Chief Planner.
[Amended 11-10-2020 by Ord. No. 12-2020]
(c)
LCPC review: Copies of the plan, reports and filing fee shall be
in accordance with LCPC requirements.
[Amended 11-10-2020 by Ord. No. 12-2020]
(2)
The final action of the Commission shall be in writing and shall
be communicated to the applicant and other known interested parties
personally or mailed to same at their last known address not later
than 15 days following the Commission's action. Failure to notify
the applicant within the prescribed time limit 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. The written
communication shall note one of the following actions:
(a)
Unconditional approval;
(b)
Conditional approval, including but not limited to required
changes pertaining to the plan and/or submission of additional technical
reports on impacts caused by the development, as required by the Commission,
the reason for the conditional approval, and the provisions of the
statute or ordinance relied upon; or
(c)
Disapproval, including the defects found in the application,
the requirements that have not been met, proposed mitigation measures
for negative impacts identified in impact studies or reports that
have been determined to be inadequate and changes in plans and specifications
that would cause the Commission to determine that mitigation measures
are adequate, and the provisions of the statute or ordinance relied
upon.
(3)
Unconditional approval authorizes the applicant to proceed with the
preparation of the final plan. All applicants are encouraged to submit
a preliminary Community Benefits Survey to the Chief Planner prior
to proceeding with the final plan; such survey to be promulgated from
time to time by the Director of Community Planning & Economic
Development.
[Amended 11-10-2020 by Ord. No. 12-2020]
(4)
When the Commission grants conditional approval of a plan, the following
procedure shall be applicable:
(a)
When a preliminary plan has been approved subject to conditions,
and when the applicant rejects one or more of the conditions, the
applicant shall so notify the Planning Commission in writing within
30 days of the Commission's action. Such notification of rejection
of one or more of the conditions of approval shall serve to automatically
rescind the conditional approval of the plan. Failure of the applicant
to notify the Planning Commission of rejection of one or more of the
conditions of approval within the time so specified shall serve as
notice of acceptance of the conditions of approval and that the applicant
intends to fully comply with the conditions unless such conditions
are invalidated by final order of court upon appeal thereto by the
applicant.
(b)
If the applicant and the Commission agree to additional conditions
of preliminary plan approval, all such conditions shall be embodied
in a developer's agreement entitled "Preliminary Plan Developer's
Agreement," which lists the agreed upon conditions (see Appendix B).[1] Acceptance or rejection of the preliminary plan agreement shall be done in accordance with the procedures set forth in § 265-23B(4)(a).
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c)
Upon receiving a conditional approval, the applicant shall have
one year from the date of the Commission's conditional approval to
submit two copies of a revised plan which complies with all conditions,
including compliance with all conditions agreed to by the applicant
in any agreement(s). The Commission may grant a modification to extend
the time period for plan approval upon written request by the applicant.
Failure to submit a revised plan which complies with all conditions
within the aforesaid time period shall serve as a rejection of the
conditions by the applicant and serve to automatically rescind the
plan approval.
(5)
Upon determination that all conditions of the Commission's conditional
approval have been met, the Chief Planner shall transmit a written
notification to the applicant indicating that the preliminary plan
conditions have been satisfied and that the applicant may proceed
with the final plan application.
(6)
Disapproval of the plan requires that the applicant resubmit the plan. A resubmitted plan shall be considered and reviewed as a new plan in accordance with this § 265-23.
(7)
A preliminary plan which has been tabled prior to final action shall
be reviewed in one of the following manners:
(a)
Any preliminary plan which, in the opinion of the Commission,
cannot be adequately reviewed due to, but not limited to, a lack of
information or nonconformity with existing federal, state or local
regulations, may be tabled. Any plan tabled during the Commission's
ninety-day review and approval period shall be rescheduled for final
action within the same aforementioned ninety-day period. If the applicant
must provide supplemental information for a tabled plan, this information
shall be provided to the Chief Planner no later than 10 days prior
to the Commission meeting when the plan will be reconsidered.
(b)
An applicant may request in writing to the Commission that the
plan be tabled. Plans which are tabled by the Commission shall be
rescheduled for final action within the Commission's ninety-day review
and approval period unless the applicant has agreed, in writing, to
an extension of time.
(8)
An applicant may withdraw a plan from the Commission's consideration by means of written communication to the Commission; however, fees for plans which are withdrawn shall not be returnable nor credited toward any resubmitted plans. An applicant desiring to resubmit a plan shall do so in accordance with this § 265-23B.
(9)
From the time an application for approval of a plan, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision or other governing ordinance or plan shall
affect the decision on such application adversely to the applicant,
and the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed. In addition, when a preliminary
application has been duly approved, the applicant shall be entitled
to final approval in accordance with the terms of the approved preliminary
application as hereinafter provided. However, if an application is
denied, any subsequent application shall be subject to the intervening
change in governing regulations.
(10)
When an application for approval of a plan, whether preliminary,
tentative, minor or final, has been approved without conditions, or
approved by the applicant's acceptance of conditions, no subsequent
change or amendment in the zoning, subdivision or other governing
ordinance or plan shall be applied to affect adversely the right of
the applicant to commence and to complete any aspect of the approved
development in accordance with the terms of such approval within five
years from such approval. The five-year period shall be extended for
the duration of any litigation, including appeals, which prevent the
commencement or completion of the development, and for the duration
of any sewer or utility moratorium or prohibition which was imposed
subsequent to the filing of an application for preliminary approval
of a plan. In the event of an appeal filed by any party from the approval
or disapproval of a plan, the five-year period shall be extended by
the total time from the date the appeal was filed until a final order
in such matter has been entered and all appeals have been concluded
and any period for filing appeals or requests for reconsideration
have expired; provided, however, no extension shall be based upon
any water or sewer moratorium which was in effect as of the date of
the filing of a preliminary application. Where final approval is preceded
by preliminary approval, the aforesaid five-year period shall be counted
from the date of the preliminary approval. In the case of any doubt
as to the terms of a preliminary approval, the terms shall be construed
in the light of the provisions of the governing ordinances or plans
as they stood at the time when the application for such approval was
duly filed.
(11)
Where the applicant has substantially completed the required
improvements as depicted upon the final plan within the aforesaid
five-year limit, or any extension thereof as may be granted by the
Commission, no change of municipal ordinance or plan enacted subsequent
to the date of filing of the preliminary plan shall modify or revoke
any aspect of the approved final plan pertaining to zoning classification
or density, lot, building, street or utility location.
(12)
In the case of a preliminary plan calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the applicant with the preliminary plan delineating all proposed
sections as well as deadlines within which applications for final
plan approval of each section are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
of the preliminary plan approval, until final plan approval of the
final section has been granted, and any modification in the aforesaid
schedule shall be subject to approval of the Commission in its discretion.
(13)
Each phase in any residential subdivision or land development,
except for the last phase, shall contain a minimum of 25% of the total
number of dwelling units as depicted on the preliminary plan, unless
a lesser percentage is approved by the Commission. Provided that the
applicant has not defaulted with regard to or violated any of the
conditions of the preliminary plan approval, including compliance
with applicant's aforesaid schedule of submission of final plans for
the various phases, then the aforesaid protection afforded by substantially
completing the improvements depicted upon the final plan within five
years shall apply and for any phase or phases, beyond the initial
phase, in which the required improvements have not been substantially
completed within the said five-year period, the aforesaid protection
shall apply for an additional term or terms of three years from the
date of final plan approval for each phase.
(14)
Failure of applicant to adhere to the aforesaid schedule of
submission of final plans for the various sections shall subject any
such section to any and all changes in zoning, subdivision and other
governing ordinance enacted by the municipality subsequent to the
date of the initial preliminary plan submission.
In an effort to streamline the plan approval process while recognizing the complexities and unique aspects of urban land development projects, the Commission has established optional plan filing requirements that will encourage better planning at the early stages of design while saving time during the plan review period. For projects exceeding the thresholds of § 265-22 for waiving preliminary plan filing requirements, a preliminary/final plan may be filed in lieu of a separate preliminary plan, provided that a sketch plan has first been submitted and reviewed by the City staff in accordance with § 265-17 or by the Commission in accordance with § 265-18. Nothing herein shall prevent applicants from submitting a preliminary plan followed by a final plan should they so choose. For minor plans, no sketch plan submission is required; however, the applicant shall consult with the Planning Bureau prior to a minor plan submission to determine the plan's eligibility for filing under the minor plan provisions.
The applicant shall have two years from the date of the Commission's conditional or unconditional approval of a preliminary plan in which to submit a final plan, unless the applicant requests in writing and the Commission approves an extension of time. In the case of phased projects, all plan submissions must occur within the five-year time period noted in § 265-23B(10) through (14). Failure by the applicant or developer to comply with all conditions that have been accepted by the applicant within one year of conditional approval of a final plan shall serve to rescind the approval of the plan, as set forth in § 265-29B(3)(c).
A.
The preliminary plan shall be drawn to a scale of one inch equals
10, 20, 30, 40 or 50 feet, and shall be easily read and suitable for
recording. In addition, for sites over 10 acres, an overall plan with
a plan index sheet at scale of one inch equals 100 feet shall be used,
unless otherwise approved by the City Engineer.
B.
Plans sheets shall be 18 inches by 22 inches or 24 inches by 36 inches.
Sets of plans shall contain sheets of the same size.
C.
The plan submission shall contain the number of drawings or reports as specified in § 265-23B. Plan sheets shall be black line on white print paper.
D.
The plan and supplemental information shall include the following
information:
(1)
Title block.
(a)
Proposed subdivision or land development name or identifying
title.
(b)
Municipality or municipalities in which the plan is situated.
(c)
Deed reference.
(d)
Name and address of record owner or owners.
(e)
Name and address of applicant.
(f)
Name and address of engineering, surveying, or landscape architectural
firm.
(g)
Date of preparation of plan.
(h)
Drawing number.
(i)
Parcel identification number.
(j)
Revision block for noting date of plan changes.
(2)
Site data.
(a)
Minimum lot area.
(b)
Number of lots or units of occupancy.
(c)
Number of acres.
(d)
Density of tract expressed in dwelling units or lots per acre,
or units of occupancy per acre.
(e)
Zoning of lots and zoning data including but not limited to
setbacks, building height, minimum lot area and lot dimensions, existing
and proposed building and lot coverage percentage, existing, proposed
and required parking/loading.
(f)
Existing land usage.
(g)
Proposed land usage.
(h)
Total area of proposed earth disturbance.
(i)
Drainage area to each BMP in square footage or acres.
(3)
General data.
(a)
Location map at a scale not to exceed one inch equals 2,000
feet, including a North arrow.
(b)
A North arrow for the land shown on the land development or
subdivision plan.
(c)
Certification, with seal, of the survey accuracy by a registered
Pennsylvania surveyor and date of survey (see Appendix A).[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(d)
Certification, with seal, of the plan accuracy by a registered
Pennsylvania engineer or landscape architect and date of plan preparation
(see Appendix A).[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(e)
Certification, with seal, of the accuracy of the accompanying
stormwater management site plan, traffic control plan or other proposed
improvements, if not covered by the certificate of plan accuracy,
by a registered Pennsylvania engineer, traffic engineer or other professional
and date of plan preparation (see Appendix A).[3]
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(f)
Graphic scale.
(g)
Ownership certificate, signed by the landowner of the subdivision
or land development and acknowledged by a notary public, including
seal (see Appendix A).[4]
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
(h)
Proposed lot lines, including block letters and lot numbers.
(i)
Tract and lot boundaries showing arcs, chords, bearings and
distances.
(j)
Existing and proposed survey monuments and markers.
(k)
Primary control points or descriptions and ties to such control
points, approved by the City Engineer, to which all dimensions, angles,
bearings and similar data on the plan shall be referred.
(l)
Existing topographic contours at intervals of two feet with
spot elevations at relevant points, based on the PA South Zone State
Plane Coordinate System (NAD83 for horizontal and NAVD88 for vertical),
except that the intervals shall be one foot in and within 50 feet
of special flood hazard areas. Prominent high points and depressions
shall be indicated by spot heights.
[Amended 11-10-2020 by Ord. No. 12-2020]
(m)
Adjacent owner or owners, including all applicable Recorder
of Deeds recording references for deeds and filed plans.
(o)
Zoning on and adjacent to the tract.
(p)
Location of utility/transportation/communication uses on or
adjacent to the tract: railroad rights-of-way, transmission power
lines, towers and other similar conditions.
(q)
Sites to be reserved or dedicated for parks, playgrounds or
other open space uses.
(r)
Off-site improvements to be undertaken as a result of project
impacts.
(s)
Traffic control devices.
(t)
Proposed street tree locations.
(u)
If modifications, waivers, variances, special exceptions or
special approvals are granted by boards or commissions of the City
for a plan or elements thereof, the aforementioned shall be noted
on the plan along with the date of the approval.
(v)
Proposed street name sign locations, with street names acceptable
to the Commission. New street names shall be approved, in writing,
by Lancaster County-Wide Communications prior to unconditional final
plan approval (see Appendix D).[5]
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
(w)
For proposed addresses of individual lots or units, the developer
shall request, in writing, the assignment of street numbers or addresses
from the City Engineer. Assigned addresses and unit numbers shall
be shown on the recorded plan.
(4)
Impact studies and reports.
(a)
Purpose. Projects which have the potential of affecting public
health, safety and welfare and impacting environmental resources may
require impact studies or reports. The intent of impact studies and
reports is to identify possible adverse effects of a subdivision or
land development, mitigate negative effects of development, and protect
the quality of life and the environment from degradation.
(b)
Thresholds for impact studies. The following impact studies
shall be required as part of the preliminary plan submission when
the stated thresholds are met:
[1]
Traffic impact study. The proposed project will generate 50 new vehicle trips in the peak direction (inbound or outbound) during the site's peak traffic hour, unless the project is exempt, as provided for in Article VIII, § 265-44A(1) and (2).
[2]
Floodplain impact study. The proposed project will cause or
require earth moving, any change in flood levels, paving or construction
within the one-hundred-year or approximate floodplain, as defined
by the current Federal Emergency Management Agency Flood Insurance
Rate Map.
[3]
Wetland impact study. The project site contains a wetland subject
to regulation by DEP or the United States Army Corps of Engineers
and proposed improvements would physically encroach upon the wetland
or discharge stormwater from parking and loading areas into the wetland.
[4]
Stormwater management site (SWM) plan. The proposed project will require submission of a SWM plan in accordance with Chapter 260, Stormwater Management.
[5]
Geology impact study. The project site exhibits evidence of
subgrade instability, such as sinkholes or other subsidence.
[6]
Environmental impact report. The project will have potential
negative environmental impacts, as reasonably determined by the City,
in regard to surface water, wildlife habitats, riparian vegetation,
hazardous material storage, noise, steep slopes of 10% or greater,
or other environmental qualities, including historical, cultural,
or archeological sites or areas recognized by the City, state, or
federal governments as significant.
[Amended 11-10-2020 by Ord. No. 12-2020]
(c)
Preparation of studies or reports. Impact studies or reports shall be performed by individuals with education and experience in the field of study. The study shall identify current conditions, effects of the proposed development, and recommended mitigation measures and their effects. Traffic/transportation impact studies shall be undertaken in accordance with Article VIII.
(d)
Mitigation measures. Impact studies or reports shall identify
improvements, facilities, activities or alternative measures to reduce
any identified detrimental impacts of the development and to satisfy
any requirements set forth in this chapter or in federal, state or
other local statutes, ordinances or regulations.
(e)
Responsibility. The applicant shall be responsible for conducting
and paying for all studies relative to the project. Improvements and
mitigation measures identified in the study, offered by the applicant
or required by the Commission, shall be the responsibility of the
applicant.
(5)
Streets, alleys, sidewalks, access drives and driveways based on
the PA South Zone State Plane Coordinate System (NAD83 for horizontal
and NAVD88 for vertical) as per the Bureau of Engineering.
[Amended 11-10-2020 by Ord. No. 12-2020]
(a)
Grades consistent with § 265-33D for all streets and alleys, and modified, if necessary, as per recommendations of the City Engineer.
(b)
Existing and proposed streets and alleys dimensioned to full
right-of-way width on and adjacent to the tract, street names, dimensioned
cartway widths, established centerline elevations, curbs, curb type,
sidewalks, curve data, access drives, driveways, culverts and associated
street improvements.
(c)
The horizontal scale shall match the plan scale. The vertical
scale shall be at 1/10 the horizontal scale. Profiles shall show existing
and proposed utility crossings. Centerline profiles of proposed streets
shall be drawn to a horizontal scale no smaller than one inch equals
50 feet and a vertical scale no smaller than one inch equals five
feet with profiles showing the following:
[1]
Vertical curve elevations at beginning of curve, end of curve,
intersection of tangent lines and intermediate points at intervals
of 25 feet.
[2]
Sanitary sewer facility profiles with elevations and slopes.
[3]
Storm sewer facility profiles with elevations and slopes.
[4]
Water facility profiles with elevations and slopes.
(d)
Cross-sections extending 50 feet on both sides of the street
centerline at one-hundred-foot intervals.
(e)
Typical cross-section detail of street and any other cross-section
of the street which may be required by the City Engineer.
(f)
Proposed highways or other improvements planned by public authorities
for future construction on or near the tract.
(6)
Utilities and easements.
(a)
Existing and proposed easements: location, width and purpose.
(b)
Existing and proposed utilities, where possible, on and adjacent
to the tract, including but not limited to: culverts; location, materials,
and size of sanitary sewer, sanitary laterals, storm sewer, and storm
laterals; invert elevation of sanitary, storm and combined sewer mains;
location and size of water mains, water laterals and appurtenances,
gas and fuel lines; and location of existing electric and telephone
poles, including streetlights, communication lines and geothermal
lines.
(c)
Evidence, via a water capacity letter, that public water shall
be provided to the subdivision or development by the appropriate municipal
agency or authority.
(d)
Evidence, via a sanitary sewer capacity letter, that public
sewer shall be provided to the subdivision or development by the appropriate
municipal agency or authority. Submission of a planning (sewer) module
or module exemption to DEP shall also be provided, if required.
[Amended 11-10-2020 by Ord. No. 12-2020]
(e)
The addition of a plan note evidencing a Pennsylvania One-Call
Act 50 Request, including the serial number.
[Amended 11-10-2020 by Ord. No. 12-2020]
(7)
Floodplains, wetlands and hydrology.
(a)
Hydraulic study showing complete drainage area in which the
plan is proposed, together with calculations upon which the storm
drainage system is based.
(b)
Representative cross-sections and profiles of all drainage ditches,
infiltration/detention/retention facilities.
(c)
Stormwater conveyance systems.
(d)
On all subdivisions and land developments located in or adjacent
to a flood-prone area, the plan shall show the one-hundred-year, and
if required, the five-hundred-year, floodplain as designated on the
Flood Insurance Rate Map for the City as prepared by the Federal Emergency
Management Agency. Should the Flood Insurance Rate Map not include
flood-prone area information for a site known to be susceptible to
flooding, the developer shall rely on local information acceptable
to the City Engineer and Chief Planner, or perform a separate hydrological/stormwater
management study.
(e)
Wetlands and watercourses.
(8)
Soils, geology and physical features.
(a)
Subsurface conditions on the tract if individual stormwater
or sewage disposal systems are proposed: location and results of percolation
tests; location and results of tests made to ascertain subsurface
soil, rock and ground, water conditions.
(b)
Existing conditions on the tract: all trees over six inches
DBH by species and size, rock outcrops; wooded areas; buildings; riparian
buffers; tree protection zones and related physical features.
[Amended 11-10-2020 by Ord. No. 12-2020]
(c)
Boring data and soil characteristics, if required.
(d)
Environmental data related to the possible presence of hazardous
material on or immediately adjacent to the site, if required.
(e)
Existing and proposed retaining walls; existing structures with
indication as to the proposed utilization or removal of the structures;
and identification of proposed structures.
(9)
Grading and earth moving.
(a)
Existing and proposed grades at two-foot contours or as otherwise
approved by the City Engineer and shall be based on the PA South Zone
State Plane Coordinate System (NAD83 for horizontal and NAVD88 for
vertical).
[Amended 11-10-2020 by Ord. No. 12-2020]
(b)
For projects one acre or greater of earth disturbance, a soil erosion
and sediment control (E&SC) plan as outlined in Title 25, Pennsylvania
Administrative Code, Chapter 102, Section 101.1, et seq., and administered
by DEP, or its designee, shall be prepared. Such plan shall be capable
of functioning independently or in conjunction with adjacent erosion
control measures and facilities. The E&SC Plan shall be approved
by the Lancaster County Conservation District prior to commencement
of any earth-moving activities. For projects involving earth disturbance
of less than one acre, a plan shall be prepared for City approval
in accordance with the PA DEP Erosion and Sediment Control Program
Manual Document 363-2134-008, dated March 2012, as amended, demonstrating
how sediment-laden water runoff will be controlled on site. Such plan
shall include location and type of control facilities, existing and
proposed grading, location of soil stockpile, construction entrance
and a sequencing narrative outlining specific measures to be taken
at each phase of site development.
[Amended 11-10-2020 by Ord. No. 12-2020]
(10)
Landscaping.
(a)
Landscape plans are required whenever there is proposed earth disturbance,
planting of any trees or vegetation, or removal of any trees or vegetation.
All landscape plans shall include a planting schedule and show locations,
size and name of all trees, shrubs, vegetative screens and ground
cover proposed to be installed in the development.
[Amended 11-10-2020 by Ord. No. 12-2020]
(b)
If any trees within the development site will be preserved, or if
any tree protection zones from an adjacent property lie within the
development site, then a tree protection plan shall be provided and
include the following information: trees to be preserved and/or removed,
tree protection zones, tree protection details, root protection details,
excavation methods within tree protection zones (if applicable), equipment
access routes, contractor parking, material storage, and any protective
devices or engineering techniques.
[Amended 11-10-2020 by Ord. No. 12-2020]
(11)
Street lighting and private property lighting.
(a)
Street lighting shall be provided by the developer along all
public streets and public alleys. The Commission may require that
private street or parking lot lighting be installed in the interest
of public safety. The developer shall prepare appropriate lighting
plans, which plans shall be approved by the electric utility company
(in the case of street lights), City Engineer and Planning Commission.
(b)
When outdoor lighting is proposed or required for streets, dwelling
units, commercial, industrial or recreational uses, the illumination
levels, fixture locations and shielding shall generally follow the
levels recommended in the City's Streetscape Design Guidelines, Illumination
Engineering Society of North America (IESNA) Lighting Handbook and
the Outdoor Lighting Code Handbook of the International Dark-Sky Association.
(c)
Lighting, when proposed, shall provide for the illumination
of outdoor public and private spaces where health, safety and welfare
are potential concerns. Lighting shall be placed, shielded and aimed
so as to avoid glare and protect the night sky from nuisance glare
and stray light.
(d)
All light sources shall have a correlated color temperature
that does not exceed 3000K unless otherwise approved by the City Engineer.
[Added 11-10-2020 by Ord.
No. 12-2020]
(e)
Directional fixtures, e.g., floodlights and spotlights, shall
be so shielded, installed and aimed that they do not project their
output into the windows of neighboring residences, adjacent uses,
past the object being illuminated, skyward or onto a public roadway
or pedestrianway, such that the lighting could become a nuisance.
[Added 11-10-2020 by Ord.
No. 12-2020]
A.
Upon unconditional approval of the preliminary plan or satisfaction
of all conditions of plan approval in accordance with this chapter,
the applicant may construct the required public or private improvements
shown on the plan. The applicant shall indicate the intent to construct
the required improvements by executing a preliminary plan developer's
agreement (see Appendix B[1]), which shall be submitted prior to approval of the preliminary
plan.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
No lots shall be occupied or sold nor any buildings constructed or
occupied without the unconditional approval and recording of the subdivision
and/or land development plan.
