A.
The procedures set forth in this section shall be
followed for all applications. The Warwick Township Board of Supervisors
has established specific documentation requirements and deadlines
for sketch, preliminary or final plan review. These specifications
apply to both the Township Planning Commission and Board of Supervisors
before either body considers a plan.
(1)
Any and all documentation that is part of a plan submission
must be submitted in the following manner: any original material to
be reviewed by the Township Engineer must be submitted a minimum of
14 days prior to Planning Commission and Board of Supervisors meetings.
Any follow-up material or information submitted directly to the Planning
Commission or Board of Supervisors must be submitted seven days prior
to the meeting. Documentation submitted after this deadline will not
be considered until the next following meeting date. If plan documentation
is insufficient, or the Township Engineer review is not completed
as determined by the Township Manager, the plan will not be placed
on a meeting agenda for review.
(2)
The Board of Supervisors regularly amends the fee
schedule for submittals. A copy of the resolution containing the current
fee schedule is available from the Township.
(3)
The consultant is responsible to confirm the recording
of any approved plan to the Township. This should be done by submitting
a copy of the receipt from the Recorder of Deeds Office to the Township
Office. Until this submittal is received, the Township will not confirm
that the plan has been properly recorded.
(4)
The following documentation requirements are not to
be considered a complete list of the information that may be required
by plan submission. (The purpose of this list is to serve as a guideline
to some of the documentation requirements that may be required for
a plan review):
(a)
Planning Commission review:
[1]
Lancaster County Planning Commission review
comments.
[2]
Township Engineer review comments.
[3]
Authority review comments.
[4]
Lancaster County Conservation District review
comments.
[5]
Sewage facilities planning module approval.
[6]
Postmaster review comments.
[7]
Easement agreements.
[8]
Wetland study.
[9]
Historical study.
[10]
Stormwater management report.
[11]
Traffic study.
[12]
Developer's written response to any of the above
items.
(b)
Board of Supervisors review:
[1]
All documentation required by the Township Planning
Commission.
[2]
Favorable review by the Township Engineer indicating
that the plan meets the requirements established by this chapter and
the issues raised by the County Planning Commission have been addressed.
[3]
Any legal issues reviewed and approved by the
Township Solicitor.
[4]
Authority final plan approval and confirmation
that all guarantees have been established.
[5]
Construction cost estimates are to be submitted
for public improvements and must be approved by the Township Engineer
and Authority engineer prior to establishing the amount to be held
in a letter of credit.
[6]
Land development agreement is submitted.
[7]
Letter of credit is submitted.
[8]
Stormwater easement agreement is submitted for
recordation.
[9]
Park and recreation fees and any other fees
are paid.
[10]
Escrow amount is submitted.
(5)
Waiver requests will be considered as indicated herein.
(6)
Conditional approval will not generally be considered
by the Board of Supervisors.
(7)
Requests for an extension of time to complete plan
approval must be submitted on the Township's form.
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Any plan submission that does not follow this
policy or request appropriate extensions of time may result in disapproval
of the plan.
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B.
Sketch plans. It is recommended that applicants submit
sketch plans when the proposed subdivision or land development exceeds
20 residential lots or dwelling units or nonresidential subdivisions
or land developments proposing a building or buildings containing
in excess of 1,000 square feet of commercial or industrial space and
whenever a proposed street system layout may affect the future development
of adjoining lands. The Township encourages the submission of sketch
plans and promotes applicants to work with the Township in order to
achieve developments which are harmonious with the surrounding neighborhood
and with the Township's Comprehensive Plan and will enable the proper
coordination and provision of services and amenities within the Township.
(1)
Application requirements. Prior to formal application
for approval of a plan, an applicant may submit a sketch plan. Applicants
shall submit six copies of any sketch plan plus any applicable filing
fee.
(3)
Distribution. The Township shall distribute two copies
of the sketch plan to the Township Secretary and one copy to the Township
Planning Commission Secretary.
(4)
Township action. The Township Planning Commission
shall discuss sketch plans with the applicant and shall convey its
reactions and recommendations to the applicant. Sketch plans shall
not be subject to approval or disapproval of the Township Planning
Commission or Board of Supervisors as such plan submissions are optional
and are for the benefit of the applicant.
C.
Preliminary plan application. With the exceptions noted in Subsection H of this section, a preliminary plan is required for all applications which propose new streets, all land development plans, as defined in § 285-6, and subdivision plans of 10 or more lots. All other plans may be submitted as final plans in accordance with Subsection D, below. Preliminary plans may be filed with the Township on any business day. In addition to submission with the Township, it is required that a full set of plans be concurrently submitted by the applicant to the appropriate officials of the County Planning Commission for the information of such officials as provided in § 285-8 of this chapter. It shall be the applicant's responsibility to submit any subsequent sets of plans to the County Planning Commission if substantial revisions are made to the plans or any supportive information related to the plans.
(1)
Application requirements.
(a)
All preliminary plan applications shall include
the following:
[1]
Six copies of the preliminary plan. All plans
shall be either black on white or blue on white paper prints.
[2]
Two copies of all reports, notifications and
certifications which are not provided on the preliminary plan.
[5]
Authority's plan review fee if either public
sewer or public water are proposed.
(b)
A preliminary plan application shall be accompanied by all required plans and documents and the required filing fee. The Township Secretary shall have seven days from the date of submission of an application to check the plans and documents to determine if on their face they are in proper form and contain all of the information required by this chapter. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Township Secretary under this section to the Board of Supervisors in accordance with § 285-52B of this chapter.
(2)
Plan requirements. All preliminary plans shall be prepared in accordance with the requirements of Article IV of this chapter.
(3)
(4)
Township action. The Township Planning Commission shall review the preliminary plan application and make recommendations to the Board of Supervisors. Before making its recommendation, the Township Planning Commission shall consider the recommendations of the County Planning Commission and the Authority; provided, however, that if no written comments are received from the County Planning Commission or Authority within 30 days of the filing of the application, the Township Planning Commission may proceed without such recommendations. The Board of Supervisors shall schedule the preliminary plan application for action at a public meeting within such time limits as set forth in Article V of the Municipalities Planning Code or such written extensions of time in which to consider the plan as have been granted by the applicant.
(5)
Notification of Township action.
(a)
Within 15 days after the meeting at which the
preliminary plan is reviewed by the Board of Supervisors, the Township
Secretary shall send written notice of the Township's action to the
following individuals:
(b)
The Board of Supervisors may approve the preliminary
plan, in whole or in part, or may approve the preliminary plan subject
to conditions, or may disapprove the preliminary plan.
(c)
If the preliminary plan is approved subject
to conditions, the applicant shall either personally at a public meeting
or in writing approve or reject such conditions within five days of,
either personally or in writing, receiving notice of such conditions.
For purposes of this subsection, notice to a person presenting the
plan on behalf of the applicant, whether such person 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 applicant,
accept or reject such conditions. The failure to accept or reject
such conditions within the five-day period shall be considered to
be a rejection of the same and conditional approval by the Board of
Supervisors shall be automatically revoked. 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 plan rejection shall not constitute
a deemed approval.
(d)
If the application is disapproved, the Township
shall notify the applicant, in writing, of the defects in the application
and shall identify requirements which have not been met, through citing
the provisions of the statute or ordinance relied upon.
(6)
Compliance with Township action. If the Township conditions
its preliminary plan approval upon receipt of additional information,
changes and/or notifications, such data shall be submitted and/or
alterations noted on two copies of the plan to be submitted to the
Township for approval by the Township Planning Commission.
(7)
Township approval and certification.
(a)
The Township will acknowledge the satisfactory
compliance with all conditions, if any, of the preliminary plan approval
at a regularly scheduled public meeting. Additionally, at the option
of the applicant, after receipt of preliminary plan approval and compliance
with all conditions of approval, a preliminary plan, which shall be
a nontransparent paper print with blue or black lines, may be presented
to the Township for acknowledgment through a formal statement on the
plan. (See Appendix 6[2]).
[2]
Editor's Note: Appendix 6 is located at the
end of this chapter.
(b)
Approval of a preliminary application shall
constitute approval of the proposed subdivision and/or land development
as to the character and intensity of development and the general arrangement
of streets, lots, structures and other planned facilities, but shall
not constitute final plan approval. The preliminary plan may not be
recorded in the office of the Lancaster County Recorder of Deeds.
(c)
Preliminary plan approval will be effective
for a three-year period from the date of the Township's approval of
the preliminary plan application; therefore, final plan or improvement
construction plan applications for the entire project must be made
within three years of preliminary plan approval unless the Township
grants a waiver by extending the effective time period of the approval.
D.
Final plan application. An application for final plan
approval can be submitted only after the following, when required
as noted, have been completed:
(1)
The receipt of an unconditional preliminary plan approval in accordance with Subsection C of this section, when a preliminary plan approval is required.
(2)
The completion of the improvements required by this chapter in accordance with the improvement construction plan procedure stated in Subsection G of this section, when the improvements are not assured by the kind of guarantees provided in § 285-16 of this chapter.
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Final plans may be filed with the Township on any business day. In addition to the submission with the Township, it is required that a full set of plans be concurrently submitted by the applicant to the appropriate officials of the County Planning Commission for the information of such officials as provided in § 285-8 of this chapter. It shall be the applicant's responsibility to submit any subsequent sets of plans to the County Planning Commission if substantial revisions are made to the plans or any supportive information related to the plans. The final plan may be submitted in sections, each section covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plan. The Township may accept a final plan modified to reflect a change to the site or its surroundings which occurs after the preliminary plan review. The Township shall determine whether a modified final plan will be accepted or whether a new preliminary plan shall be submitted.
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(3)
Application requirements.
(a)
All final plan applications shall include the
following:
[1]
Six copies of the final plan. All plans shall
be either black on white or blue on white paper prints.
[2]
Two copies of all reports, notifications and
certifications which are not provided on the plan.
[5]
Authority's plan review fee if either public
sewer service or public water service is proposed and a preliminary
plan was not submitted.
[7]
Two copies of the Pennsylvania Department of
Transportation highway occupancy permit drawings where access to a
state street, road or highway is proposed.
(b)
A final plan application shall be accompanied by all required plans and documents and the required filing fee. The Township Secretary shall have seven days from the date of submission of an application to check the plans and documents to determine if on their face they are in proper form and contain all of the information required by this chapter. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal the decision by the Township Secretary under this section to the Board of Supervisors in accordance with § 285-52B of this chapter.
(4)
Plan requirements. All final plans shall be prepared in accordance with the requirements of Article IV of this chapter.
(5)
(6)
Township action. The Township Planning Commission shall review the final plan application and make recommendations to the Board of Supervisors. Before making its recommendations, the Township Planning Commission shall consider the recommendations of the County Planning Commission and the Authority; provided, however, that if no written comments are received from the County Planning Commission or Authority within 30 days of the filing of the application, the Township Planning Commission may proceed without such recommendations. The Board of Supervisors shall schedule the final plan application for action at a public meeting within such time limits as set forth in Article V of the Municipalities Planning Code or such written extensions of time in which to consider the plan as have been granted by the applicant.
(7)
Notification of Township action.
(a)
Within 15 days after the meeting at which the
final plan is reviewed by the Board of Supervisors, the Township Secretary
shall send written notice of the Township's action to the following
individuals:
(b)
The Board of Supervisors may approve the final
plan, in whole or in part, or may approve the final plan subject to
conditions, or may disapprove the final plan.
(c)
If the final plan is approved subject to conditions,
the applicant shall either personally at a public meeting or in writing
approve or reject such conditions within five days of, either personally
or in writing, receiving notice of such conditions. For purposes of
this subsection, notice to a person presenting the plan on behalf
of the applicant whether such person 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 applicant, accept or reject such
conditions. The failure to accept or reject such conditions within
the five-day period shall be considered to be a rejection of the same
and conditional approval by the Board of Supervisors shall be automatically
revoked. 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 plan
rejection shall not constitute a deemed approval.
(d)
If the application is disapproved, the Township
shall notify the applicant, in writing, of the defects in the application
and shall identify requirements which have not been met, through citing
the provisions of the statute or ordinance relied upon.
(8)
Compliance with Township action. If the Township conditions
its final plan approval upon receipt of additional information, changes
and/or notifications, such data shall be submitted and/or alterations
noted on two copies of the plan to be submitted to the Township for
approval by the Township Planning Commission.
E.
Final plan certification. After the Township's approval
of the final plan and the required changes, if any, are made, the
applicant shall proceed to prepare two sets of final plans which shall
be either: (A) black ink on tracing cloth; or (B) transparent reproductions
on plastic base film and one set of final plans which shall be a paper
copy for the Township's files. The two transparent copies of the final
plan shall be certified in the following manner:
(2)
Following the Lancaster County Planning Commission
and the Township Planning Commission signature, both final plans shall
be presented to the Township for the signature of the Chairman and
Secretary or their designees. (See Appendix 8[6].) Final plans will not be signed by the Township if submitted
more than 90 days from the Township's final approval action unless
the Township grants a waiver by extending the effective time period
of the approval.
[6]
Editor's Note: Appendix 8 is located at the
end of this chapter.
F.
Final plan recordation. Upon approval and certification
of a final plan, the applicant shall record the plan in the office
of the Lancaster County Recorder of Deeds. Should the applicant fail
to record the final plan within 90 days of the Township's final plan
approval, the Township action on the plan shall be null and void unless
the Township grants a waiver by extending the effective time period
of the approval.
(1)
The final plan shall be filed with the Lancaster County
Recorder of Deeds before proceeding with the sale of lots.
(2)
The final plan shall be filed with the Lancaster County Recorder of Deeds before proceeding with the construction of any improvement except as provided for in Subsection G of this section.
(3)
No subdivision or land development plan may be recorded
unless it bears the endorsement of this Township.
(4)
Recording the final plan, after approval of the Township, shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use, unless reserved by the landowner as provided in Subsection F(5), below, of this section. However, the approval of the Township shall not impose any duty upon the commonwealth, Lancaster County or the Township concerning acceptance, maintenance or improvement of any such dedicated areas or portion of same until the proper authorities of the commonwealth, Lancaster County or the Township actually accept same by ordinance or resolution or by entry, use or improvement.
(5)
The landowner may place a notation on the final plan
to the effect that there is no offer of dedication to the public of
certain designated areas, in which event the title to such areas shall
remain with the owner, and the commonwealth, Lancaster County and
the Township shall assume no right to accept ownership or right-of-way.
G.
Improvement construction plan. The procedures set
forth in this section shall apply as an alternative to the guaranteeing
of improvements through a corporate bond or other security. An applicant
whose improvement construction plan is approved under this section
is permitted to install all or part of the improvements required by
this chapter prior to final plan submission.
(1)
Improvement construction plan application. After an
applicant has received official notification that the preliminary
plan has been approved and the required changes, if any, have been
made, an application may be processed for an improvement construction
plan.
(a)
Improvement construction plans may be filed
with the Township on any working day.
(b)
The improvement construction plan may be submitted
in sections, each section covering a reasonable portion of the entire
proposed subdivision as shown on the approved preliminary plan.
(c)
The Township may accept an improvement construction
plan modified to reflect a change to the site or its surroundings
which occurs after the preliminary plan review. The Township shall
determine when a modification will require a revised preliminary plan.
(2)
Application requirements.
(a)
All improvement construction plan applications
shall include the following:
(b)
An improvement construction plan application shall be accompanied by all required plans and documents and the required filing fee. The Township Secretary shall have seven days from the date of submission of an application to check the plans and documents to determine if on their face they are in proper form and contain all of the information required by this chapter. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise, the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Township Secretary under this section to the Board of Supervisors in accordance with § 285-52B of this chapter.
(4)
(5)
Township action. The Township Planning Commission shall review the improvement construction plan application and make recommendations to the Board of Supervisors. Before making its recommendations, the Township Planning Commission shall consider the recommendations of the County Planning Commission and the Authority; provided, however, that if no written comments are received from the County Planning Commission or Authority within 30 days of the filing of the application, the Township Planning Commission may proceed without such recommendations. The Board of Supervisors shall schedule the improvement construction plan application for action within such time limits as set forth in Article V of the Municipalities Planning Code or such written extensions of time in which to consider the plan as have been granted by the applicant.
(6)
Notification of Township action.
(a)
Within 15 days after the meeting at which the
improvement construction plan is reviewed by the Board of Supervisors,
the Township Secretary shall send written notice of the Township's
action to the following individuals:
(b)
The Board of Supervisors may approve the improvement
construction plan, in whole or in part, or may approve the improvement
construction plan subject to conditions, or may disapprove the improvement
construction plan.
(c)
If the improvement construction plan is approved
subject to conditions, the applicant shall either personally at a
public meeting or in writing approve or reject such conditions within
five days of, either personally or in writing, receiving notice of
such conditions. For purposes of this subsection, notice to a person
presenting the plan on behalf of the applicant, whether such person
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 applicant, accept or reject such conditions. The failure
to accept or reject such conditions within the five-day period shall
be considered to be a rejection of the same and conditional approval
by the Board of Supervisors shall be automatically revoked. 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 plan rejection shall not constitute
a deemed approval.
(d)
If the application is disapproved, the Township
shall notify the applicant, in writing, of the defects in the application
and shall identify requirements which have been met, through citing
the provisions of the statute or ordinance relied upon.
(7)
Compliance with Township action. If the Township conditions
improvement construction plan approval upon receipt of additional
information, changes and/or notification, such data shall be submitted
and/or alterations noted on two copies of the plan to be submitted
to the Township for approval by the Township Planning Commission.
(8)
Improvement construction plan certification and construction
authorization.
(a)
After the Township's approval of the improvement
construction plan and the required changes, if any, are made, the
applicant shall proceed to prepare two plans which shall be nontransparent
paper prints with blue or black lines. These plans shall be presented
to the Township for the signature of the Chairman and Secretary or
their designees. (See Appendix 7[8].) Improvement construction plans will not be signed by
the Township if submitted more than 90 days from the Township's approval
action unless the Township grants a waiver by extending the effective
time period of the approval.
[8]
Editor's Note: Appendix 7 is located at the
end of this chapter.
(b)
Approval and certification of an improvement
construction plan shall not constitute final plan approval of the
proposal, nor shall this plan be recorded with the Lancaster County
Recorder of Deeds, but shall, when combined with the necessary Township
and/or commonwealth approvals and permits, grant the authority to
install the improvements required as part of this chapter.
(c)
Following the Township's certification of the
improvement construction plan, one copy of the plan shall be retained
by the Township and the remaining copy will be available to the firm
which prepared the plan.
(d)
Improvement construction plan approval will
be effective for a five-year period from the date of the Township's
approval action. Construction must be completed and a final plan application
must be submitted within five years of the improvement construction
plan approval, or else the plan approval will become null and void
unless the Township grants a waiver by extending the effective time
period of the approval.
(9)
Completion of improvements. Upon completion of the
improvements required by this chapter the applicant may proceed to
submit a final plan and application which shall include a notice of
approval of the improvements by the authority, if any, which is to
accept the improvement.
H.
Plans exempted from standard procedures.
(1)
Procedure for processing revised subdivision and/or
land development plans.
(a)
Any replatting or resubdivision, including changes
to a recorded plan, shall be considered as a new application and shall
comply with all requirements of this chapter, except that changes
may be made to a recorded plan provided that in making such changes:
[1]
The original application shall have been made
for residential purposes, and the residential character and use of
the land shall be maintained.
[2]
No lot or tract of land shall be created that
does not meet the minimum design standard required by this chapter
and other applicable Township ordinances.
[3]
No structure shall be relocated which does not
meet the minimum design standards required by this chapter and other
applicable Township ordinances.
[4]
No increase shall be made in overall density
of the development.
[5]
No easements, access drives, rights-of-way or
stormwater management facilities shall be changed.
[6]
No street locations, block sizes or point of
access onto an existing Township or state street shall be changed.
(b)
In every case where a plan alteration conforms
to the above, the applicant shall:
[1]
Submit to the Township two black on white or
blue on white paper copies of the revised final plan and one application
form (see Appendix 12[9]). Upon review of the revision, the Township Secretary
or the Township Zoning Officer shall notify the applicant in writing
whether or not the revision complies with the above requirements.
[9]
Editor's Note: Appendix 12 is located at the
end of this chapter.
[2]
If the revision complies, the applicant shall
prepare two plans, which shall be either black ink on tracing cloth
or a transparent reproduction of the original plan with black line
on cloth or stable plastic base film and which shall specifically
identify the alterations to the previously recorded plan.
[3]
The applicant shall submit the plan to the Lancaster County Planning Commission and the Township Planning Commission for certification as specified in Subsection E(1) of this section and to the Township for signature as specified in Subsection E(2) of this section. (See Appendices 8, 10 and 18.[10])
[10]
Editor's Note: Appendices 8, 10 and 18 are
located at the end of this chapter.
(2)
Minor preliminary plans. In the case of: (a) any proposed land development plan involving eight or fewer residential units housed in fewer than three principal structures; or (b) a subdivision plan of more than nine lots, neither of which requires provisions for a new street, the applicant may at his discretion concurrently submit preliminary and final plans for action at the same Township meeting. All other plans shall be submitted in accordance with Subsection C of this section.
(3)
Procedure for processing a lot add-on.
(a)
The lease, conveyance, sale or transfer of land for the sole purpose of increasing the lot size of an adjacent contiguous lot shall comply with the following lot add-on procedure; provided, that the proposal does not alter a subdivision plan of record, create additional lots or result in a nonconformity with the design standards found in Article VI of this chapter.
(b)
In every case where a proposal conforms to the
above, the application shall comply with the following procedures:
[1]
Submit to the Township two black on white or blue on white paper copies of a lot add-on plan prepared to the standards specified in § 285-13 of this chapter and one application form (see Appendix 12[11]). Upon review of the revision, the Township will, in writing,
advise the applicant whether or not the proposal qualifies as a lot
add-on.
[11]
Editor's Note: Appendix 12 is located at the
end of this chapter.
[2]
If the plan qualifies, the applicant shall prepare
two plans for recording, which shall be either: (1) black ink on tracing
cloth; or (2) a transparent reproduction of the original plan with
black line on cloth or stable plastic base film, and one set of paper
copies of the plan for the Township's files. The two transparent copies
of the plan shall be certified by the Township (see Appendix 9[12]). The applicant shall record the plans with the Lancaster
County Recorder of Deeds. These plans shall be filed with the County
Recorder of Deeds prior to the execution of a deed for the land.
[12]
Editor's Note: Appendix 9 is located at the
end of this chapter.
(4)
Lease, conveyance, sale or transfer of a parcel separated
by an existing Township or state street. The lease, conveyance, sale
or transfer of a parcel of land which is separated from the parent
tract by an existing Township or state street where the parcel is
described and divided along the existing property lines and the street
center line and where the parcels meet the minimum prevailing lot
area requirements shall comply with the following procedure:
(a)
The applicant shall submit to the Township two black on white or blue on white paper copies of a plan prepared to the standards specified in § 285-12 of this chapter, one application form (see Appendix 12[13]) and the required fee. Upon review of the plan, the Township
will, in writing, advise the applicant whether or not the proposal
qualifies for processing under this section.
[13]
Editor's Note: Appendix 12 is located at the
end of this chapter.
(b)
If the plan qualifies, the applicant shall prepare
two plans for recording, which shall be either (a) black ink on tracing
cloth; or (b) a transparent reproduction of the original plan with
black line on cloth or stable plastic base film and one set of paper
copies of the plan for the Township's files. The two transparent copies
of the plan shall be certified by the Township (see Appendix 9[14]). The applicant shall record the plans with the Lancaster
County Recorder of Deeds. These plans should be filed with the County
Recorder of Deeds prior to the execution of a deed for the land.
[14]
Editor's Note: Appendix 9 is located at the
end of this chapter.
(c)
Any plan that qualifies shall be permitted to
construct one single-family dwelling unit if none currently exists.
Any additional proposed dwelling units or development of the tract
shall result in the necessity to prepare and submit formal subdivision
and/or land development plans to the Township in accordance with this
chapter.
I.
Procedure for requesting consideration of waiver of
provisions of this chapter.
(1)
Application requirements. All requests for waivers
shall be made in accordance with the following procedure:
(a)
All requests for a waiver shall be made in writing and shall be made prior to or shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the section or sections of this chapter which are requested to be waived and the minimum modification necessary. The request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 285-10).
(b)
Should a revision to a submitted plan require a waiver which was not apparent at the time of initial plan submission, the request for a waiver shall be submitted in accordance with Subsection I(1)(a), above, at the time of submission of the revised plan.
(c)
Requests for waivers shall be considered by
the Board of Supervisors at a public meeting which is at least seven
days after the submission of the waiver request.
(2)
Township action. The Board of Supervisors shall review
the request to determine if the literal compliance with any mandatory
provision of this chapter is demonstrated by the applicant to exact
undue hardship because of peculiar conditions pertaining to the land
in question; provided, that such modification will not be contrary
to the public interest and that the purpose and intent of this chapter
is observed. The applicant shall demonstrate that an alternative proposal
will allow for equal or better results and represents the minimum
modification necessary. If the Board of Supervisors determines that
the applicant has met his burden, it may grant a waiver from the literal
compliance with the terms of this chapter.
(3)
Notification of Township action.
(a)
After the meeting at which the waiver was reviewed
by the Board of Supervisors, the Township shall send notice of the
Township's action to the following individuals:
(b)
If the Township denies the request, the Township
shall notify the applicant, in writing, of the reason for denial.
If the Township grants the request, the final plan shall include a
note which identifies the specific waiver as granted, including any
conditions attached thereto.
J.
Multiple applications. The resources of the Township
and the orderly administration of this chapter are unduly burdened
by multiple and conflicting applications. Therefore, the same applicant
may not submit multiple applications for approval of a subdivision
or land development plan for the same property or a portion thereof
involving the same land use. If an applicant desires to submit a new
application, then the applicant must withdraw in writing any pending
applications. In the event the applicant fails or refuses to withdraw
any pending applications, the Board of Supervisors may deny the new
application due to noncompliance with this section.
Applicants shall comply with all plan processing
procedures of the County Planning Commission. It is the responsibility
of the applicant to determine the requirements of the County Planning
Commission including, but not limited to, the number of copies of
the plan which must be submitted and the filing fee.
A.
Application requirements. All review requests shall
be submitted by the applicant to the Lancaster County Planning Commission
and shall be accompanied by the following:
(1)
Five copies of the plan and one additional copy for
the Pennsylvania Department of Transportation if the site abuts a
state road.
(2)
Two copies of all reports, notifications and certificates
which are not provided on the plan.
(4)
Filing fee (see fee schedule available at the Lancaster
County Planning Commission).
B.
C.
Plan requirements. All plans shall be prepared in
conformance with the prevailing regulations of the Township and the
legislation of the commonwealth.
D.
Commission action.
(1)
The Commission will evaluate the application based
upon the applicable regulations and legislation and sound planning
principles and forward a review within 30 days, to the following individuals:
(2)
The Commission may perform this review at a scheduled
public meeting or delegate to the staff the authority to perform the
evaluation and forward comments.
In the event the Township hereinafter enacts a Planned Residential Development Ordinance (PRD/PUD Ordinance) all applications shall be processed under the applicable Township PRD/PUD Ordinance and in accordance with Article VII of the Municipalities Planning Code.
