Township of Mount Joy, PA Plan Processing Procedure

Six initial copies, 24 inches by 36 inches, of the plan are required.

Eight copies, 11 inches by 17 inches, of the plan are required.

Two copies of all reports, notifications and certifications that are not provided on the plan, including stormwater management plans and calculations.

One application form completely and correctly executed, with all information legible, and bearing all required signatures.

An electronic copy of the plans and all supporting documents. All plans and reports shall be provided in PDF.

(6)

The applicant shall provide copies of the preliminary plan, supporting documents, required reports and all applicable fees to the public water provider where public water service is proposed, the public sewer provider where public sewer service is proposed, the County Planning Commission, the Conservation District, Township Solicitor, the Township Engineer and, if the preliminary plan impacts any state highway, PennDOT. The applicant shall provide the Township with evidence that the applicant has provided all of these entities with copies of the preliminary plan.

(7)

Plan requirements are set forth in Article IV.

Types of plans. One of the following plans, as appropriate, shall be filed with the application:

Preliminary subdivision plan. The preliminary subdivision plan is to be filed whenever approval is sought to subdivide a parcel of land, unless a lot line change plan or a minor subdivision plan may be properly submitted.

Preliminary land development plan. The preliminary land development plan is to be filed whenever land development approval is sought unless a minor land development plan may be properly submitted.

Lot line change plan. The lot line change plan is to be filed whenever approval is sought to shift lot lines or to merge lots. A lot line change plan may be waived from review by the Lancaster County Planning Commission (if the Township and the Lancaster County Planning Commission agree) if the applicant provides a Lancaster County Appendix 24 form signed by a municipal official.

Minor subdivision plans.

A minor subdivision plan shall be filed whenever approval of a plan is sought that will:

[1]

Result in a subdivision of fewer than five single-family residential lots; or

[2]

Consist of a land development proposal which seeks to establish a second residential dwelling unit on a single lot.

A minor subdivision plan may be waived from review by the Lancaster County Planning Commission (if the Township and the Lancaster County Planning Commission agree) if the applicant provides a Lancaster County Appendix 24 form signed by a municipal official.

Minor land development plans.

A minor land development plan shall be filed whenever approval of a plan is sought that will:

[1]

Result in the construction of a single principal building with an area of 1,500 square feet or less on a lot, and which will generate 50 or fewer annual average daily trips (AADT); or

[2]

Result in the construction of a second principal building or building addition on a lot that is less than 10,000 square feet on a lot which contains an existing principal building, and which will generate no more than 200 AADT; or

[3]

Result in the construction of a principal agricultural use or agricultural accessory building that will result in additional housing space for poultry, livestock or other farm animals.

With the exception of plans that meet Subsection C(5)(a)[3] above, a minor land development plan may be waived from review by the Lancaster County Planning Commission (if the Township and the Lancaster County Planning Commission agree), provided the applicant provides a Lancaster County Appendix 24 form signed by a municipal official.

Information dissemination. When an application is accepted for filing, the Township Secretary shall forward complete sets of the application, including plans and all appropriate documentation, to the Planning Commission, Zoning Officer, and other persons as the Township may deem appropriate.

Review by Township staff.

Review by the Zoning Officer. The Zoning Officer shall review the application documents to determine if they are in compliance with this chapter, Chapter 135, Zoning, the Township planning objectives and accepted planning standards. He shall prepare a written report stating his findings and recommendations.

Review by the Township Engineer. The Township Engineer shall review the application documents to determine if they are in compliance with this chapter and Chapter 113, Stormwater Management, Chapter 116, Streets and Sidewalks, and Chapter 67, Driveways, applicable state and federal statutes and regulations, other applicable Township ordinances, Township standards and good engineering practices. He shall prepare a written report stating his findings and recommendations.

Review by the Land Development Committee. The Land Development Committee shall review the sketch plan submittals and formal application submittals, including associated plans, application, documents and reports prepared by the applicant and/or applicant's consultant(s). The applicant shall schedule a meeting with the Land Development Committee prior to a sketch plan and formal application submittal to review preliminary issues with the land development which may include, but not be limited to, traffic flow issues, off-site and internally in the land development, design requirements, zoning issues and stormwater management issues. The applicant shall schedule a second meeting with the Land Development Committee after formal application submittals and prior to a conditional plan approval by the Planning Commission. The second meeting shall be used to discuss Township staff review comments and discuss plan revisions as a result of the staff comment letters. The Land Development Committee shall thereafter forward the documents and reports to the Township Planning Commission along with the recommendation of the Committee relative to the approval or disapproval of the application. Subsequent meetings with the Land Development Committee may be scheduled if deemed necessary by the Township and/or the applicant or applicant's consultant(s) as a result of comments from the Township staff as a result of the submitted plan revisions.

Developments of a regional impact and significance (DRIS). DRIS subdivision and/or land development plans shall be subject to the additional requirements listed below. DRIS subdivisions and/or land developments shall include the following:

	Developments in the DGA
	Use	Threshold
	Airport	New or runway addition
	Commercial/retail	150,000 gross square feet or larger
	Entertainment, recreational facilities, gathering spaces, and/or attractions	100,000 gross square feet, seating capacity of 500, or 100 acres, or larger
	Hospital and/or health care facility	150 new beds or more
	Hotel/motel	200 rooms or 100,000 gross square feet, or larger
	Industrial, wholesale and/or distribution	200,000 gross square feet, 400 or more employees, or 100 acres, or larger
	Office	100,000 gross square feet or larger
	Quarries, asphalt and cement plants, mines	25 acres or greater
	Residential	100 or more new lots or units
	Schools	500 or more students
	Mixed uses	100,000 square feet or 100 acres, or larger
	Sanitary landfills, waste handling facilities, prisons, juvenile detention facilities	All new developments or expansions
	Other uses	Any development causing 100 acres or more of earth disturbance, projected to have more than 500 vehicle trips during a peak hour, projected to have more than 100 truck trips per day, and/or deemed by the host municipality to be a DRIS

	Developments Outside the DGA
	Use	Threshold
	All uses listed within developments inside the DGA	All requirements above, except those as listed below
	Residential	25 or more new lots or units
	Other uses	Any development with more than 25 acres, more than 25,000 gross square feet, more than 100 parking spaces, more than 100 vehicle trips during peak hour and/or deemed by the host municipality to be a DRIS

The applicant shall circulate a complete package of background documents and plans for the DRIS to the Regional Planning Agency for review and comment. The applicant shall provide proof of the submission required by this section to Mount Joy Township.

In considering and reviewing a proposed DRIS, the Planning Commission shall consider the comments of the Regional Planning Agency, adjoining municipalities, the county, as well as the general public. These comments shall merely be advisory, and in no way binding on the decision of the Planning Commission.

The Regional Planning Agency and agencies who receive the complete package of background documents and plans shall be afforded 30 days from receipt of the package to return comments to the Planning Commission in writing. The Planning Commission shall not officially approve a DRIS application until such comments have been received. If, however, comments are not returned within 30 days, the Planning Commission may take action.

If the Regional Planning Agency decides to make comments, those comments shall relate to the DRIS' general consistency with the Regional Comprehensive Plan, and to traffic/roadway improvements, utility locations and capacity, and other items to mitigate the impacts of the DRIS and to foster the use of neighboring lands in a manner that is consistent with the Regional Comprehensive Plan. In conducting its review, the Regional Planning Agency may consult with the Lancaster County Planning Commission or other parties with relevant expertise. The Regional Planning Agency shall be guided by the definitions of "general consistency" and "consistency" in the Pennsylvania Municipalities Planning Code.

The Planning Commission shall provide copies of any action taken to the Regional Planning Agency. The Regional Planning Agency shall provide copies of the action to the other municipalities.

Submission of plan revisions. When any modifications to the preliminary plans are requested by the Land Development Committee, the Township Engineer, the Township Solicitor and/or the Township Zoning Officer, applicants shall submit revised plans to the Township Secretary not later than 14 days prior to the date of the first meeting of the Planning Commission at which the plan will be considered; provided, however, that if said modifications result in a substantially different plan, a new formal application process shall be required which shall follow all of the procedures and time requirements set forth herein.

Closing of record and submission of additional plans.

Closing of record. The application record shall be closed 14 days before the Planning Commission meeting at which the plan will be considered to allow time to examine and study the plans and all appropriate documentation. No changes or amendments to the application shall be received after this date unless the applicant shall apply for a rescheduling of the meeting at which the plan will be considered before the Planning Commission and make suitable provision for an extension of the review time.

Submission of additional copies of plans. Prior to the date set forth in Subsection E(1) above, the applicant shall submit such additional copies of plans, together with all appropriate documentation, and electronic copies as set forth in § 119-10A, so that the Township has the latest plans, supporting documents and reports on file, and the Township Planning Commission has reviewed the latest revised site plans.

Planning Commission review and action.

The date set for the review shall be given to the applicant after consultation with the Township Secretary.

Building and driveway locations are a concern of the Planning Commission in the preservation of natural features. If these locations are not known at the time of application, the Planning Commission may approve the preliminary plan subject to the applicant's submitting a plan showing building and driveway locations at a future time. Such a plan must be submitted and approved before application for a zoning permit.

The Planning Commission shall act upon the plan application not later than 90 days following the date of the next regular meeting of the Planning Commission following the date on which the application is deemed accepted for filing under § 119-24 of this chapter, provided that should said next regular meeting of the Planning Commission occur more than 30 days following the date the application is deemed accepted for filing, said ninety-day period shall be measured from the 30th day following the day the application has been deemed accepted for filing.

The decision of the Planning Commission shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.

Approval subject to modification or condition. The Planning Commission may approve the preliminary plan, in whole or in part, or may subject the plan to modifications or conditions or may disapprove the plan.

If the plan is approved by the Planning Commission subject to modifications or conditions, the applicant shall either personally or in writing approve or reject such modifications or conditions within five days of receiving notice of such modifications or conditions. For purposes of this subsection, notice to an individual presenting the plan on behalf of the applicant (whether such individual is the applicant himself, a relative of the applicant, an officer of the applicant, an attorney, a surveyor, an engineer or otherwise) shall be notice to the applicant, and such person presenting the plan on behalf of the applicant shall be deemed to have authority to, on behalf of the applicant, accept or reject such modifications or conditions. The failure to accept or reject such modifications or conditions within the five-day period shall be considered to be a rejection of the same, and conditional approval by the Planning Commission shall be revoked, and the applicant shall be notified, in writing, within 10 days following the expiration of the five-day period of the plan rejection; provided, however, that failure to notify the applicant of such rejection shall not constitute a deemed approval.

When the plan is not approved in terms as filed or subject to modifications or conditions approved by the applicant, the decision shall specify the defects found in the plan and describe the requirements which have not been met and in each case cite the provisions of the regulations relied upon.

Satisfaction of conditions. Within one year after the meeting of the Planning Commission at which a preliminary plan is conditionally approved, the applicant shall submit to the Township evidence that the applicant has satisfied all conditions upon approval of the preliminary plan, together with an electronic file copy, one Mylar copy, 24 inches by 36 inches, and one paper copy, 24 inches by 36 inches, of the preliminary plan revised to reflect compliance with all conditions. Such copies shall have all pertinent signatures, seals and certifications. Failure to satisfy conditions or submit the required copies shall result in the expiration of preliminary plan approval.

Effect of approval.

Approval of the preliminary plan by the Planning Commission shall have the effect of adding the streets shown thereon to the Township plan of streets and alleys. To change, relocate or remove a street from an approved preliminary plan, a new plan must be submitted by the owners of the land over which the street was laid out and be approved by the Planning Commission.

Upon approval of the preliminary plan by the Planning Commission, the streets shown thereon shall constitute easements over the property for the purpose of construction.

Approval of the preliminary plan shall confer upon the applicant such rights as are set forth in Article V of the MPC.

In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, the applicant shall file a schedule with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed.

The applicant shall update said schedule annually on or before the anniversary of preliminary plat approval until final plat approval of the final section has been granted.

Any modification in the aforesaid schedule shall be subject to the approval of the Planning Commission in its discretion.

(c)

Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units depicted on the preliminary plan, unless a lesser percentage is approved by the Planning Commission.

Disapproval.

If the Planning Commission shall disapprove the plan, the reasons therefor will be set forth in writing.

The applicant may resubmit the preliminary plan for approval, in which case he shall do so in accordance with the requirements, including additional fees, of this chapter, after modifying the plan to conform to the requirements of the disapproval report and/or letter and all other requirements of this chapter and other applicable ordinances, statutes and regulations.

§ 119-26 Final plan review process.

When required. When all conditions of approval required by the preliminary plan approval have been obtained as required by this chapter, the developer may prepare a final plan in accordance with Article IV showing all lot lines, improvements and other features of the subdivision or land development and shall submit the same to the Township Secretary for review and confirmation of compliance with such conditions.

Submission and approval. The final plan, complying with all applicable requirements, shall be submitted to the Township Secretary with an application for final approval within one year from the date of the unconditional approval of the preliminary plan. The one-year period may be extended by the Planning Commission upon a showing by the developer that circumstances beyond his control have prevented submission of the final plan within the one-year period and that such circumstances have been overcome or will be overcome in the foreseeable future. Failure to submit the final plan within such period requires submission of a new preliminary plan. The Township will forward a copy of the final plan to the Lancaster County Planning Commission at the same time.

The final plan shall be reviewed in accordance with the procedure set forth in § 119-25D through L. The number of copies and the type of copies of a final plan to be submitted shall be in accordance with the requirements for plans in § 119-25B.

After approval by the Planning Commission, two reproducible matte drafting films of the sizes as specified by the Recorder of Deeds shall be submitted to the Township Secretary, together with five paper prints, accompanied by an application for signature. The developer shall also provide one electronic copy of the final plan in the format specified by the Township Engineer.

All final plans must conform to final approval and must be recorded with the Office of the Recorder of Deeds within the time limitations in the Municipalities Planning Code.