Township of East Cocalico, PA Plan Processing Procedures

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Article II Plan Processing Procedures

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§ 194-7 General provisions.

§ 194-8 Optional plan review procedures.

§ 194-9 Preliminary plan application.

§ 194-10 Final plan application.

§ 194-11 Alternative plan processing procedure.

§ 194-12 Waivers.

§ 194-7 General provisions.

The procedures set forth in this article shall be followed for all subdivisions and/or land developments.

The official Township decision on any application filed under this chapter rests solely with the Board of Supervisors. The Township Planning Commission, Township Engineer, various Township officials, and Lancaster County Planning Commission are advisory to the Board of Supervisors.

The procedure for consideration of a subdivision and/or land development plan includes two optional procedures (preapplication review and sketch plan) and two mandatory plan processing procedures (preliminary plan and final plan). Section 194-11 provides an alternative procedure for certain specifically described land developments.

(1)

The preapplication review provides the applicant an opportunity to receive the recommendations and guidance from the Township staff, while the project is at an early stage.

(2)

The sketch plan review provides the applicant an opportunity to receive the recommendations and guidance from the Township Planning Commission and Board of Supervisors, before the project is formally submitted.

(3)

The preliminary plan procedure is mandatory for all subdivisions and land developments, except as follows:

(a)

ECHO housing and farm housing, as defined and regulated in § 194-11A;

(b)

Nonresidential building expansion, as defined and regulated in § 194-11B;

(c)

Minor subdivision, as defined and regulated in § 194-11C;

(d)

Annexation, as defined and regulated in § 194-11D;

(e)

Revised final plan, as defined and regulated in § 194-11E;

(f)

Abbreviated subdivision, as defined and regulated in § 194-11F; and

(g)

Minor land development, as defined and regulated in § 194-11G.

(4)

The final plan procedure is mandatory for all subdivision and land developments, except as follows:

(a)

ECHO housing and farm housing, as defined and regulated in § 194-11.1., and,

(b)

Nonresidential building expansion, as defined and regulated in § 194-11.2.

The preliminary plan and final plan procedures are sequential. Successful completion of the preliminary plan procedure must be obtained before submission under the final plan procedure.

The waiver procedure is provided to modify provisions of this chapter as they apply to a specific project. Procedures for waivers are in § 194-12.

Procedures described in this chapter that are not mandated by the provisions of the Pennsylvania Municipalities Planning Code, as amended, are discretionary as to the Township's obligation. Failure of the Township to abide by said permissive procedures shall not invalidate any action taken herein. However, all applicant procedures are mandatory, unless waived by the Board of Supervisors, according to § 194-12.

The applicant shall submit an application for a PennDOT highway occupancy permit and DEP permits. Evidence of such submission shall be provided to the Township.

§ 194-8 Optional plan review procedures.

Preapplication review.

(1)

Applicants are urged to discuss development sites and plans at a staff meeting prior to submission of a sketch plan, preliminary plan or final plan. The purpose of the preapplication review is to afford the applicant an opportunity to receive the recommendations and guidance from the Township staff, while the project is at an early stage and before the formal filing of a plan.

(2)

A request for a preapplication review shall be submitted to the Township Manager, or designate, at the Township office, on any business day. The request shall be made by submission of the application (see Appendix No. 6[1]) and filing fee, as set by resolution of the Board of Supervisors. The applicant may bring to the meeting a design plan and supplemental data. The design and supplemental data will not be retained by the Township.

[1]

Editor's Note: Appendix No. 6 is included at the end of this chapter.

(3)

The Township will advise the applicant of the meeting date at which the preapplication review is scheduled.

(4)

Attendance at the preapplication review meeting by the applicant or authorized agent is required. The applicant or authorized agent should be prepared to describe the property and planned features.

(5)

Following the preapplication staff meeting, the applicant shall prepare written minutes of the discussions. The minutes shall be submitted to the Township Manager or designate for review and approval. However, the submission for a preapplication review shall not, under any circumstances, be considered submission of a plan for the purpose of determining approval nor is this filing subject to Section 508 of the Pennsylvania Municipalities Planning Code.[2]

[2]

Editor's Note: See 53 P.S. § 10508.

(6)

The governing body of the contiguous municipalities may appear and comment before the Township staff review meeting.

Sketch plan application.

(1)

Sketch plan procedure.

(a)

Applicants are urged to discuss development sites and plans with the Township Planning Commission before submission of a preliminary plan or final plan. The purpose of the sketch plan review is to afford the applicant an opportunity to receive the recommendations and guidance from the Township, while the project is at an early stage, and before formal filing of a plan.

(b)

The following is a generalized graphic depiction of the sketch plan schedule. Refer to the text of the chapter for the specific and detailed description.

(2)

Submission procedure.

(a)

Sketch plans shall be submitted to the Township Manager, or designate, at the Township office on any business day. However, sketch plans must be submitted no later than 12:00 noon on the 31st day prior to a Township Planning Commission meeting in order to be placed on the agenda for that meeting.

(b)

The sketch plan application shall not be available for revision or inclusion of additional information before the Planning Commission meeting at which the sketch plan will be considered. This time is provided to allow an examination and study of the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date, unless the applicant authorizes a rescheduling of the sketch plan and grants an extension of the review time provided to the Township.

(3)

Application requirement. All sketch plan applications shall include a filing fee, as set by resolution of the Board of Supervisors, and 17 copies of plans and supplemental reports specified in § 194-13. The Township may require additional copies of the above-referenced material.

(4)

Review for completeness of application. The Township staff 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 sufficient information to perform the analysis required by this chapter. If defective, the application may be returned to the applicant with a statement of rejection, within the seven-day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Township staff to the Board of Supervisors.

(5)

Distribution. The Township staff shall distribute the sketch plan to the Board of Supervisors, Township Planning Commission, and various Township staff. If deemed necessary, data will be submitted to other officials [e.g., adjacent municipality(ies), PennDOT, PA DEP].

(6)

Reviewing agencies.

(a)

The sketch plan is reviewed by the Township Zoning Officer, Township Engineer, Township Planning Commission, East Cocalico Township Authority or, in the case of on-site sewage disposal, Township Sewage Enforcement Officer, Lancaster County Planning Commission, and, if deemed necessary, other officials. These reviewers will report their findings to the Township Planning Commission and Board of Supervisors.

(b)

All sketch plan reviews shall be based upon provisions of this chapter, as well as other applicable ordinances. All review comments shall cite the provision of the ordinances relied upon or be specifically designated as a suggestion.

(c)

The sketch plan will be placed on the Township Planning Commission agenda for the first meeting that follows at least 31 days from the submission date. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is required. The applicant or authorized agent must be prepared to:

[1]

Display a plan for public viewing which identifies at least the horizontal location of streets, parking, building, lot layout, stormwater detention/retention basin, water supply, sanitary sewage disposal, and other planning features; and

[2]

Verbally describe the property location and planned features in a presentation of no more than five minutes.

(d)

The governing body of the contiguous municipalities may appear and comment before the Board of Supervisors, Township Planning Commission, and all other review agencies that are considering proposed subdivision and land development plans.

(e)

The Township will prepare written minutes of the sketch plan review meeting. However, the submission of a sketch plan shall not, under any circumstances, be considered submission of a plan for the purpose of determining approval, nor is this filing subject to Section 508 of the Pennsylvania Municipalities Planning Code[3] or binding commitments from the Township or applicant.

[3]

Editor's Note: See 53 P.S. § 10508.

(7)

Board of Supervisors review.

(a)

The applicant will be advised of the scheduled meeting for review of the sketch plan. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is required. The applicant or authorized agent must be prepared to:

[1]

[2]

Verbally describe the property location and planned features in a presentation of no more than five minutes.

(b)

Before acting on a sketch plan, the Board of Supervisors may hold a public hearing thereon after public notice.

(c)

(d)

The Township will prepare written minutes of the sketch plan review meeting. However, the submission of a sketch plan shall not, under any circumstances, be considered submission of a plan for the purpose of determining approval, nor is this filing subject to Section 508 of the Pennsylvania Municipalities Planning Code or binding commitments from the Township or applicant.

§ 194-9 Preliminary plan application.

Projects that require preliminary plan procedure.

(1)

A preliminary plan application is required for subdivisions and land developments, except as follows:

(a)

ECHO housing and farm housing, as defined and regulated in § 194-11A;

(b)

Nonresidential building expansion, as defined and regulated in § 194-11B;

(c)

Minor subdivision, as defined and regulated in § 194-11C;

(d)

Annexation, as defined and regulated in § 194-11D;

(e)

Revised final plan, as defined and regulated in § 194-11E;

(f)

Abbreviated subdivision, as defined and regulated in § 194-11F; and

(g)

Minor land development, as defined and regulated in § 194-11G.

(2)

The following is a generalized graphic depiction of the preliminary plan schedule. Refer to the text of the chapter for the specific and detailed description.[1]

[1]

Editor's Note: The Preliminary Plan Schedule is included at the end of this chapter.

Submission procedure.

(1)

Preliminary plans shall be submitted to the Township Manager, or designate, at the Township office, on any business day. However, preliminary plans must be submitted no later than 12:00 noon on the 31st day prior to a Township Planning Commission meeting in order to be placed on the agenda for that meeting.

(2)

The preliminary plan application shall not be available for revision or inclusion of additional information before the Planning Commission meeting at which the preliminary plan will be considered. This time is provided to allow an examination and study of the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date, unless the applicant authorizes a rescheduling of the preliminary plan and grants an extension of the review time provided to the Township.

(3)

Applicants are required to submit a sewer facilities plan revision or exemption in conjunction with the preliminary plan to avoid unnecessary delays in attaining revision or supplement approval before the final plan stage.

(4)

Applicants are required to submit the preliminary plan to the East Cocalico Township Authority, Lancaster County Planning Commission, PennDOT, Lancaster County Conservation District, and any other agency with jurisdiction. The Township will not schedule an application for approval until the receipt of the county report, or the expiration of 31 days from the date the application was forwarded to the county.

Application requirement.

(1)

All preliminary plan applications shall include a filing fee, as set by resolution of the Board of Supervisors and the following minimum number of plans, supplemental reports, and agreements and notifications:

(2)

The Township may require additional copies of the above-referenced material.

Distribution. The Township staff shall distribute the preliminary plan to the Board of Supervisors, Township Planning Commission, and various Township staff. If deemed necessary, data will be submitted to other officials [e.g., adjacent municipality(ies), PennDOT, PA DEP].

Reviewing agencies.

(1)

The preliminary plan is reviewed by the Township Zoning Officer, Township Engineer, Township Planning Commission, East Cocalico Township Authority or in the case of on-site sewage disposal, Township Sewage Enforcement Officer, Lancaster County Planning Commission, and, if deemed necessary, other officials. These reviewers will report their findings to the Township Planning Commission and Board of Supervisors.

(2)

All preliminary plan reviews shall be based upon provisions of this chapter, as well as other applicable ordinances. All review comments shall cite the provision of the ordinances relied upon or be specifically designated as a suggestion.

(3)

The preliminary plan will be placed on the Township Planning Commission agenda for the first meeting that follows at least 31 days from the submission date. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is required. The applicant or authorized agent must be prepared to:

(a)

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes;

(c)

Establish the acceptance or rejection of any recommendations of the Township Planning Commission and other officials (see Appendix No. 8[2]); and

[2]

Editor's Note: Appendix No. 8 is included at the end of this chapter.

(d)

Establish the intent to avail the applicant to the procedure for complying with the recommendations of the Township Planning Commission as specified in § 194-9G.

(4)

Compliance with recommendations of the Township Planning Commission.

(1)

In order to avoid the Township Planning Commission's recommendation for disapproval, the applicant is encouraged to comply with the recommendations of the Township Planning Commission prior to its report to the Board of Supervisors.

(2)

Should the applicant elect to revise the preliminary plan, 10 copies of the revised data and application (see Appendix No. 6[3]) shall be submitted to the Township Manager, or designate, at the Township office, on any business day. However, in order to be placed on the Township Planning Commission meeting agenda, the revised data must be submitted by 12:00 noon on the 31st day prior to the scheduled Planning Commission meeting.

[3]

Editor's Note: Appendix No. 6 is included at the end of this chapter.

(3)

Revised plans will be distributed and reviewed in accordance with § 194-9E and F. The time for a Township ruling on the preliminary plan (§ 194-9H) shall be based upon the submission date of the revised data.

Ruling on the preliminary plan.

(1)

The Board of Supervisors makes a ruling on the preliminary plan. The Board of Supervisors will advise the applicant of the scheduled meeting for consideration of the preliminary plan. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is required. The applicant or authorized agent must be prepared to:

(a)

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes;

(c)

Establish the acceptance or rejection of any recommendations of the Township Planning Commission and other officials (see Appendix No. 8[4]); and

[4]

Editor's Note: Appendix No. 8 is included at the end of this chapter.

(d)

Establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered in the minutes of the Board of Supervisors. The acceptance of conditions will also be acknowledged in writing (see Appendix No. 8). If the applicant does not accept the conditions of approval, the preliminary plan will be disapproved.

(2)

Before acting on a preliminary plan, the Board of Supervisors may hold a public hearing thereon after public notice.

(3)

(4)

The Board of Supervisors shall approve, conditionally approve, or disapprove the preliminary plan no later than the greater of the period of time required by the Pennsylvania Municipalities Planning Code. Unless instructed otherwise, the ruling will transpire within 90 days following the date of the regular meeting of the Planning Commission next following the date the application was filed; or after a final order of court remanding an application. However, should said next regular meeting or remand occur more than 30 days following the filing of the application or remand, the said ninety-day period shall be measured from the 30th day following the date the application was filed.

(5)

Should the applicant grant an extension of time within which the Board of Supervisors shall act upon the preliminary plan and/or render a written decision, the Board of Supervisors may act in accordance with such extension of time.

Notification of ruling.

(1)

The ruling of the Board of Supervisors shall be in the form of a written notice. The written notice shall cite defects in the application and the specific sections of this chapter, any applicable statute, or applicable Township ordinance relied upon. The written notice shall be presented to the applicant personally or mailed to him at his last known address not later than 15 days following the decision. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the preliminary plan.

(2)

In the event that the Board of Supervisors deems any waiver of requirements from this chapter necessary, the waiver and the reasons for its necessity shall be entered in the minutes of the Board of Supervisors.

(3)

Approval of the preliminary plan entitles the applicant to final plan approval, in accordance with the terms of the preliminary plan, conditions of preliminary plan approval, and final plan requirements.

(4)

Preliminary plan approval binds the applicant to the plan as approved. The final plan shall be substantially consistent with the approved preliminary plan. Preliminary plan approval does not authorize construction, sale or transfer of lots, nor shall this plan be recorded in the office of the Lancaster County Recorder of Deeds.

(5)

Unconditional preliminary plan approval shall expire within one year after the date the applicant obtains unconditional preliminary approval unless the applicant has filed a final plan or unless applicant has requested and the Board of Supervisors has granted an extension of time. An applicant shall be required to submit a new preliminary plan in accordance with the § 194-9 if the applicant desires to proceed after the expiration of the unconditional preliminary plan approval. An applicant shall request an extension of time of an unconditional preliminary plan approval not less than 31 days before the date of expiration. The Township shall have no responsibility to inform the applicant of the expiration or pending expiration of unconditional preliminary plan approval.

[Amended 10-6-2010 by Ord. No. 2010-03]

Compliance with conditions of approval.

(1)

If the Board of Supervisors conditions its preliminary plan approval upon receipt of additional information, alterations, changes, or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Township Manager, or designate, at the Township office, on any business day. The applicant shall include a brief written descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain preliminary plan approval.

(2)

If the preliminary plan is approved, subject to modifications or conditions, the applicant shall, within four weeks of the date of Township ruling, provide the Township with a written approval, or reject such modifications or conditions (see Appendix No. 8[5]).

[5]

Editor's Note: Appendix No. 8 is included at the end of this chapter.

(3)

An applicant shall comply with all conditions on preliminary plan approval within one year of the date of the written decision of the Township granting conditional preliminary plan approval. If the applicant fails to comply with the conditions on preliminary plan approval within such one-year period, the conditional preliminary plan approval shall expire. An applicant shall be required to submit a new preliminary plan in accordance with the § 194-9 if the applicant desires to proceed after the expiration of the conditional preliminary plan approval. The applicant may request that the Board of Supervisors grant an extension of the time within which to satisfy conditions on preliminary plan approval. The applicant shall submit a request for an extension of time to the Township not less than 31 days prior to the date of expiration of conditional preliminary plan approval. The Township shall have no responsibility to inform the applicant of the expiration or pending expiration of conditional preliminary plan approval.

[Amended 10-6-2010 by Ord. No. 2010-03]

(4)

At the option of the applicant, and upon receipt of an unconditional preliminary plan approval, a preliminary plan may be presented to the Township for signature. (See Appendix Nos. 3 and 4[6] for certificate.)

[6]

Editor's Note: Appendix Nos. 3 and 4 are included at the end of this chapter.

§ 194-10 Final plan application.

Projects that require final plan procedure.

(1)

A final plan application is required for all subdivision and land development plans. When a preliminary plan application is required, in accordance with § 194-9, an application for final plan approval can be submitted only after obtaining unconditional preliminary plan approval, except as follows:

(a)

ECHO housing and farm housing, as defined and regulated in § 194-11A; and

(b)

Nonresidential building expansion, as defined and regulated in § 194-11B.

(2)

The following is a generalized graphic depiction of the final plan schedule. Refer to the text of the chapter for the specific and detailed description.[1]

[1]

Editor's Note: The Final Plan Schedule is included at the end of this chapter.

Consistency with preliminary plan. The final plan shall be substantially consistent with the preliminary plan. The final plan may include sections of an approved preliminary plan, provided each section:

(1)

In a residential subdivision or land development, except for the last section, contains 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 Board of Supervisors in its discretion.

(2)

Independently conforms to the chapter, regulations and other standards of the Township.

(3)

Results in a logical extension of streets, access drives, alleys, stormwater management facilities, sanitary sewer facilities, and water supply facilities.

Submission procedure.

(1)

An applicant shall submit final plans to the Township Manager, or to the designee of the Township Manager, at the Township office, on any business day. The applicant shall submit the final plan no later than noon on the 31st day prior to a Township Planning Commission meeting in order to be placed on the Township Planning Commission agenda for that meeting. If the applicant has submitted and obtained unconditional approval of a preliminary plan, the applicant shall submit the application for final approval of the first phase of such development within one year of the date of unconditional preliminary plan approval. The applicant shall submit final plans for subsequent phases of the development in accordance with the phasing schedule approved by the Board of Supervisors as part of the preliminary plan approval. If applicant does not submit final plans in accordance with the phasing schedule or a modified phasing schedule approved by the Board of Supervisors, the preliminary plan approval shall expire, and applicant shall be required to file a new preliminary plan in accordance with § 194-9.

[Amended 10-6-2010 by Ord. No. 2010-03]

(2)

The final plan application shall not be available for revision or inclusion of additional information before the Planning Commission meeting at which the final plan will be considered. This time is provided to allow an examination and study of the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date, unless the applicant authorizes a rescheduling of the final plan and grants an extension of the review time provided to the Township.

(3)

Applicants are required to submit a complete sewer facilities plan revision or exemption, and proof of publication when PA DEP requires public notice, in conjunction with the final plan to avoid unnecessary delays in attaining approval of the revisions or supplement.

(4)

Applicants are required to submit the final plan to the East Cocalico Township Authority, Lancaster County Planning Commission, PennDOT, Lancaster County Conservation District, and any other agency with jurisdiction. The Township will not schedule an application for approval until the receipt of the county report, or the expiration of 31 days from the date the application was forwarded to the county.

Application requirement.

(1)

All final plan applications shall include a filing fee, as set by resolution of the Board of Supervisors, and the following minimum number of plans, supplemental reports, and agreements and notifications:

(2)

The Township may require additional copies of the above-referenced material.

Distribution. The Township staff shall distribute the final plan to the Board of Supervisors, Township Planning Commission, and various Township staff. If deemed necessary, data will be submitted to other officials [e.g., adjacent municipality(ies), PennDOT, PA DEP].

Reviewing agencies.

(1)

The final plan is reviewed by the Township Zoning Officer, Township Engineer, Township Planning Commission, East Cocalico Township Authority or in the case of on-site sewage disposal, Township Sewage Enforcement Officer, Lancaster County Planning Commission, and, if deemed necessary, other officials. These reviewers will report their findings to the Township Planning Commission and Board of Supervisors.

(2)

All final plan reviews shall be based upon provisions of this chapter, as well as other applicable ordinances. All review comments shall cite the provision of the ordinances relied upon or be specifically designated as a suggestion.

(3)

The final plan will be placed on the Township Planning Commission agenda for the first meeting that follows at least 31 days from the submission date. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is required. The applicant or authorized agent must be prepared to:

(a)

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes;

(c)

Establish the acceptance or rejection of any recommendations of the Township Planning Commission, and other officials (see Appendix No. 8[2]); and

[2]

Editor's Note: Appendix No. 8 is included at the end of this chapter.

(d)

Establish the intent to avail the applicant to the below procedure for complying with the recommendations of the Township Planning Commission as specified in § 194-10H.

(4)

Compliance with recommendations of the Township Planning Commission.

(1)

(2)

Should the applicant elect to revise the final plan, 10 copies of the revised data and application (see Appendix No. 6[3]) shall be submitted to the Township Manager, or designate, at the Township office, on any business day. However, in order to be placed on the Township Planning Commission meeting agenda, the revised data must be submitted by 12:00 noon on the 31st day prior to the Township Planning Commission meeting.

[3]

Editor's Note: Appendix No. 6 is included at the end of this chapter.

(3)

Revised plans will be distributed and reviewed in accordance with § 194-10F and G. The time period for a Township ruling on the final plan (§ 194-10I) shall be based upon the submission date of the revised data.

Ruling on the final plan.

(1)

The Board of Supervisors makes a ruling on the final plan. The Board of Supervisors will advise the applicant of the scheduled meeting for consideration of the final plan. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is required. The applicant or authorized agent must be prepared to:

(a)

Display a plan for public viewing that identifies at least the horizontal location of streets, parking, building, lot layout, stormwater detention/retention basin, water supply, sanitary sewage disposal, and other planned features;

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes;

(c)

Establish the acceptance or rejection of any recommendation of the Township Planning Commission and other officials (see Appendix No. 8[4]); and

[4]

Editor's Note: Appendix No. 8 is included at the end of this chapter.

(d)

Establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered in the minutes of the Board of Supervisors. The acceptance of conditions will also be acknowledged in writing (see Appendix No. 8[5]). If the applicant does not accept the conditions of approval, the final plan will be disapproved.

[5]

Editor's Note: Appendix No. 8 is included at the end of this chapter.

(2)

Before acting on a final plan, the Board of Supervisors may hold a public hearing thereon after public notice.

(3)

(4)

The Board of Supervisors shall approve, conditionally approve, or disapprove the final plan no later than the greater of the period of time required by the Pennsylvania Municipalities Planning Code. Unless instructed otherwise, the ruling will transpire within 90 days following the date of the regular meeting of the Planning Commission next following the date the application was filed; or after a final order of court remanding an application. However, should said next regular meeting or remand occur more than 30 days following the filing of the application or remand, the said ninety-day period shall be measured from the 30th day following the date the application was filed.

(5)

Should the applicant grant an extension of time within which the Board of Supervisors shall act upon the final plan and/or render a written decision, the Board of Supervisors may act in accordance with the limits of such extension of time.

Notification of ruling.

(1)

The ruling of the Board of Supervisors shall be in the form of a written notice. The written notice shall cite the defects in the application and the specific sections of this chapter, any applicable statute, or applicable Township ordinance relied upon. The written notice shall be presented to the applicant personally or mailed to him at his last known address not later than 15 days following the decision. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the final plan.

(2)

(3)

When requested by the applicant, in order to facilitate financing, the Board of Supervisors shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan, contingent upon the applicant obtaining financial security in a form satisfactory to the Board of Supervisors. The resolution's contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless an extension is requested in writing by the applicant and granted by the Board of Supervisors. Request for extensions shall be submitted to the Township 31 days before any prevailing expiration date. The Township has no responsibility to inform the applicant of termination or pending termination of an application.

Compliance with conditions of approval.

(1)

If the Board of Supervisors conditions its final plan approval upon receipt of additional information, alterations, changes, or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Township Manager, or designate, at the Township office on any business day. The applicant shall include a brief written descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain final plan approval.

(2)

If the Board of Supervisors conditions its final plan approval upon installation of public improvements, the applicant shall comply with either the financial security provision in § 194-18, or the provision for installation of public improvements specified in § 194-19.

(3)

If the final plan is approved subject to modifications or conditions, the applicant shall, within four weeks of the date of Township ruling, provide the Township with a written approval, or reject such modifications or conditions (see Appendix No. 8[6]).

[6]

Editor's Note: Appendix No. 8 is included at the end of this chapter.

(4)

The applicant shall satisfy all conditions on final plan approval and submit the final plan for certification within one year from the date of the written decision granting conditional final approval. If an applicant does not satisfy all conditions imposed on final approval within such one-year period, the final approval shall expire. The applicant shall then be required to submit a new final plan which shall be processed in accordance with this § 194-10. The applicant may request an extension of the time period within which to satisfy conditions on final approval. The applicant shall submit a request for an extension not less than 31 days before the expiration of the one-year period. The Township shall have no responsibility to inform the applicant of the expiration or potential expiration of the one-year period within which to satisfy conditions on approval of the final plan.

[Amended 10-6-2010 by Ord. No. 2010-03]

Final plan certification. After all conditions of final plan approval are met, the applicant shall present to the Township two Mylar copies and eight paper copies of the final plan. All copies of the final plan shall be in black ink and bear original signatures on each certificate.

(1)

Upon payment of any outstanding plan review fee or inspection fee, the Township Planning Commission and the Board of Supervisors (see Appendix Nos. 3 and 5[7]) shall sign the final plan. The Township will retain seven paper copies of the plan.

[7]

Editor's Note: Appendix Nos. 3 and 5 are included at the end of this chapter.

(2)

Upon certification by the Township, the applicant shall submit the remaining plans to the Lancaster County Planning Commission for signatures and the office of the Lancaster County Recorder of Deeds for a certificate of recordation. The Lancaster County Planning Commission will retain one copy and the Recorder of Deeds will retain two copies. One copy containing the completed certificates of the Lancaster County Planning Commission and Lancaster County Recorder of Deeds must be returned by the applicant to the Township.

(3)

The final plan shall be filed with the office of the Lancaster County Recorder of Deeds within 90 days from the date of Board of Supervisors certification of approval. No lot may be sold and/or construction initiated until the final plan is filed with the office of the Lancaster County Recorder of Deeds. The Township will not issue further approvals or permits until the applicant provides the evidence of recordation.

(4)

Recording of the final plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use shown thereon, unless reserved by the landowner as hereinafter provided. The approval of the Board of Supervisors shall not impose any duty upon the Township concerning maintenance or improvement of any such dedicated street, or public use, until the Board of Supervisors shall have accepted the same by the prevailing procedures of the Township.

(5)

If the final plan includes a notation to the effect that there is no offer of dedication to the public of common use areas, the title to such areas shall remain with the owner, his heirs and assigns, and the Township shall assume no responsibility for improvements or maintenance thereof, which fact shall also be noted on the final plan.

§ 194-11 Alternative plan processing procedure.

Alternative plan processing procedures are provided below:

ECHO housing and farm housing. ECHO housing and farm housing, as defined in this § 194-11A, are not required to comply with the plan processing procedures specified in §§ 194-14 and 194-15. In the alternative, ECHO housing and farm housing are regulated under Chapter 220, Zoning, §§ 220-86 and 220-87. Interested parties shall contact the Township Zoning Officer for applicable regulations.

ECHO HOUSING

An additional, temporary dwelling unit placed on a property for occupancy by elderly or challenged (mentally, physically, emotionally) persons related by blood, marriage or adoption to the occupants of the principal dwelling.

FARM HOUSING

An additional, temporary dwelling placed on a property for one farm laborer and family members.

Nonresidential building expansion. Nonresidential building expansion that complies with § 194-11B(1) is not required to comply with the plan processing procedures specified in §§ 194-14 and 194-15. In the alternative, the nonresidential building expansion shall comply with § 194-11B(2), (3) and (4).

(1)

The nonresidential building expansion shall only apply one time per building and may not:

(a)

Exceed a gross floor area of 1,500 square feet of the building footprint since May 2, 1990;

(b)

Increase off-street parking by more than five spaces;

(c)

Include new loading area;

(d)

Include new vehicle access;

(e)

Extend or change the public infrastructure;

(f)

Disturb important natural resources; and

(g)

Alter a recorded plan.

(2)

Nonresidential building expansion that complies with § 194-11B(1) is required to submit the following to the Township Manager, or designate, at the Township office, on any business day:

(a)

Sketch plan;

(b)

Building permit application;

(c)

All other necessary permits and approvals; and

(d)

Filing fee, as set by resolution of the Board of Supervisors.

(3)

Township staff, including one member of the Township Planning Commission, shall review the request and transmit their recommendation to the Board of Supervisors. The Township will advise the applicant of the meeting date at which the review is scheduled. Attendance at the review meeting by the applicant or authorized agent is required. The applicant or authorized agent should be prepared to describe the property location and planned features.

(4)

The Board of Supervisors rules on the request for a nonresidential building expansion building permit without prior approval under this chapter. The Board of Supervisors will advise the applicant of the scheduled meeting for consideration of the request. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is required to describe the property location and planned features.

Minor subdivision.

(1)

Minor subdivisions, as defined in § 194-11C, are not required to comply with the preliminary plan application procedures stated in § 194-9. In the alternative, minor subdivisions shall be submitted according to the procedures for a final plan application, as stated in § 194-10.

(2)

The application for a minor subdivision is not required to include the information specified for a preliminary plan or final plan as stated in §§ 194-14 and 194-15. In the alternative, minor subdivision shall include the information required for:

(a)

Sketch plan specified in § 194-13;

(b)

Proposed features specified in § 194-15D(2) and (3); and

(c)

Applicable certification and notification specified in § 194-15F.

Annexation.

(1)

Annexations, as defined in § 194-11D(3), are not required to comply with the preliminary plan application procedures stated in § 194-9. In the alternative, annexations shall be submitted according to the procedures for a final plan application, as stated in § 194-10.

(2)

The application for an annexation is not required to include the information specified for a preliminary plan or final plan, as stated in §§ 194-14 and 194-15. In the alternative, annexation shall include the information required for:

(a)

Sketch plan specified in § 194-13;

(b)

Proposed features specified in §§ 194-15D(2) and (3); and

(c)

Applicable certification and notification specified in § 194-15F.

(3)

"Annexation" is defined as the subdivision of a property that:

(a)

Sole purpose is an increase in lot area, and not for the establishment of a separate new lot or a land development; and

(b)

Complies with the provisions of § 194-34E, Lot annexation.

Revised final plan.

(1)

Revised final plans, as defined in § 194-11E(3), are not required to comply with the preliminary plan application procedures stated in § 194-9. In the alternative, revised final plans shall be submitted according to the procedures for a final plan application, as stated in § 194-10.

(2)

The application for a revised final plan is required to include the information specified for a final plan, as stated in § 194-15. When the revised final plan relocates a driveway access point previously approved by PennDOT, the applicant shall provide the Township with evidence that the revised plan is approved by PennDOT.

(3)

Revised final plans are defined as a plan that solely revises the location of a property line from that established on a plan filed in the Subdivision Plan Book of the Lancaster County Recorder of Deeds. A revised final plan may not:

(a)

Establish a lot area less than permitted by Chapter 220, Zoning; and

(b)

Alter the location of easements, rights-of-way, streets (horizontal or vertical), block areas, utilities (size or location), open spaces, recreation areas, or increase the number of lots.

Abbreviated subdivision.

(1)

Abbreviated subdivisions, as defined in § 194-11F, are not required to comply with the preliminary plan application procedures stated in § 194-9. In the alternative, abbreviated subdivisions shall be submitted according to the procedures for a final plan application, as stated in § 194-10.

(2)

The application for an abbreviated subdivision is required to include the information specified for a final plan, as stated in § 194-15.

(a)

Establishes more than three lots, but not more than six lots;

(b)

Uses each lot exclusively for single-family detached dwellings; and

(c)

Provides each lot with frontage and direct vehicle access to an existing improved Township or state street.

Minor land development.

(1)

Minor land developments, as defined in § 194-11G(3), are not required to comply with the preliminary plan application procedures stated in § 194-9. In the alternative, minor land developments shall be submitted according to the procedures for a final plan application, as stated in § 194-10.

(2)

The application for a minor land development is required to include the information specified for a final plan, as stated in § 194-15.

(3)

Minor land development is defined as the development of a property that:

(a)

Establishes no more than 12,500 square foot of gross floor area, and is located on a lot that does not exceed an area of two acres; or

(b)

Two single-family detached dwellings on a single lot.

§ 194-12 Waivers.

Purpose. A waiver is the process to receive a modification of a chapter requirement as it applies to a specific project.

Standards for waiver. A waiver may be approved when the applicant demonstrates to the Board of Supervisors that all of the following is in existence:

(1)

The literal enforcement of the chapter requirement is unreasonable and will exact undue hardship because of a peculiar condition that pertains to the specific proposal, or that an alternative standard will provide an equal or better result.

(2)

The waiver will not be contrary to the public interest.

(3)

The waiver is consistent with intent of this chapter.

(4)

The waiver is consistent with § 194-2, Purpose.

Application requirement. All applications for waivers shall be submitted to the Township Manager, or designate, at the Township Municipal Office, at least 31 days prior to the date of the Township Planning Commission meeting. A waiver request shall include 10 copies of all applicable plans and executive summary of reports and supplemental data, two copies of complete reports and supplemental data, and 10 application forms (see Appendix No. 7[1]). If any of this information was filed with a preliminary plan or final plan, the information may be referenced and additional copies are not required.

[1]

Editor's Note: Appendix No. 7 is included at the end of this chapter.

Distribution. One copy of the waiver request will be distributed by the Township Manager, or designate, to the Township Zoning Officer, Township Planning Commission. Township Engineer, Board of Supervisors, and, if necessary, other officials.

Reviewing agency.

(1)

The waiver will be placed on the Township Planning Commission agenda for the meeting that is at least 31 days following submission. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to:

(a)

If applicable, display a plan for public viewing which identifies at least the horizontal location of streets, parking, building, lot layout, stormwater detention/retention basin, water supply, sanitary sewage disposal, and other planned features;

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes;

(c)

Present the waiver request and justifications; and

(d)

Establish the acceptance or rejection of any recommendations of the Township Planning Commission, and other officials (see Appendix No. 8[2]).

[2]

Editor's Note: Appendix No. 8 is included at the end of this chapter.

(2)

Ruling on the waiver.

(1)

The Board of Supervisors makes a ruling on the waiver. The Board of Supervisors will advise the applicant of the scheduled meeting for consideration of the waiver. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to:

(a)

If applicable, display a plan for public viewing that identifies at least the horizontal location of streets, parking, building, lot layout, stormwater detention/retention basin, water supply, sanitary sewage disposal, and other planned features;

(b)

Verbally describe the property location and planned features in a presentation of no more than five minutes;

(c)

Present the waiver request and justifications;

(d)

Establish the acceptance or rejection of any recommendations of the Township Planning Commission and other officials (see Appendix No. 8[3]); and

[3]

Editor's Note: Appendix No. 8 is included at the end of this chapter.

(e)

Establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of the waiver will be entered in the minutes of the Board of Supervisors. The applicant shall also acknowledge the acceptance of conditions in writing (see Appendix No. 8[4]). The waiver will be disapproved if the applicant does not accept the conditions of approval.

[4]

Editor's Note: Appendix No. 8 is included at the end of this chapter.

(2)

The Board of Supervisors shall have the authority to approve or disapprove the waiver. The Board of Supervisors may elect to consider a waiver independent of the Township Planning Commission review procedure.

(3)

In granting any waiver, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.

(4)

Action on the waiver shall be entered in the minutes of the Board of Supervisors and forwarded to the applicant. Failure of the Board of Supervisors to render a decision and communicate it to the applicant as described herein, shall not be deemed approval of the waiver.