[Amended 4-14-1997 by Ord. No. 143]
A.
The procedures set forth in this article shall be
followed for all subdivision and/or land development plans.
B.
The Township Planning Commission, Park and Recreation
Board, Township Engineer, and County Planning Commission are advisory
to the Township Board of Supervisors.
C.
The preapplication review specified in § 240-9 is optional. The purpose of the procedure is to provide the developer with the advice and assistance of the Planning Commission, and the Park and Recreation Board.
D.
The preliminary plan application specified in § 240-10 is mandatory for all land developments, subdivision and/or land developments involving new streets, and subdivisions involving 10 or more lots. In general, the purpose of the preliminary plan is to review detailed design and construction plans. Approval of the preliminary plan authorizes the construction of public improvements and the preparation of final plans.
E.
The final plan application specified in § 240-11 is mandatory for all subdivision and/or land development plans. In general, the purpose of the procedure is to review detailed design and construction plans, and receive assurance of public improvements. Approval of the final plan authorizes the recording of the plan, the construction of buildings, and the selling of land.
[Amended 4-14-1997 by Ord. No. 143]
A.
Applicants are urged, but not required, to discuss
possible development sites and plans with the Planning Commission
and the Park and Recreation Board prior to submission of the preliminary
or final plans. The purpose of the preapplication meeting is to afford
the applicant in opportunity to receive the advice and assistance
of the Planning Commission and the Park and Recreation Board. Request
for a preapplication review shall not constitute formal filing of
a plan.
B.
A request for a preapplication review shall include 19 copies of a sketch plan which includes those items listed in § 240-14, one application form (see Appendix No. 6 [1]) and a filing fee as set by resolution of the Township
Board of Supervisors (see Fee Schedule available at the Township Building).
The request shall be submitted to the Township Secretary at the Township
Building, on any business day.
[1]
Editor's Note: Said Appendix is included at
the end of this chapter.
C.
The Township staff shall distribute the sketch plan
to the Township Planning Commission, Park and Recreation Board, Township
Engineer and Township Board of Supervisors.
D.
First, the sketch plan is reviewed by the Park and
Recreation Board and second, by the Township Planning Commission.
E.
The Park and Recreation Board will review a sketch
plan at a particular meeting only if the sketch plan was filed with
the Township at least 15 days prior to that meeting. The Park and
Recreation Board shall complete its review and provide written comments
to the Township Planning Commission and the Board of Supervisors within
12 days after the meeting.
F.
The Township Planning Commission will only review
the Sketch Plan at a meeting if:
[Amended 4-14-1997 by Ord. No. 143]
A.
Preliminary plan applications are required for all
land developments, subdivision and/or land developments involving
new streets, and subdivisions involving 10 or more lots.
B.
Subdivisions involving fewer than 10 lots and no new street may be submitted as final plans in accordance with § 240-11.
C.
Preliminary plans shall be submitted to the Township
Secretary at the Township Building, on any business day.
D.
First, the preliminary plan is reviewed by the Park
and Recreation Board and second, by the Township Planning Commission.
E.
The Park and Recreation Board will review a preliminary
plan at a particular meeting only if the preliminary plan was filed
with the Township at least 19 days prior to that meeting. The Park
and Recreation Board shall complete its review and provide written
comments to the Township Planning Commission and the Board of Supervisors
within 12 days after the meeting.
F.
The Township Planning Commission will only review
the preliminary plan at a meeting if:
G.
Applicants are urged to submit a sewer facilities
plan revision or supplement in conjunction with the preliminary plan
to avoid unnecessary delays at the final plan stage.
H.
Application requirements.
(1)
All preliminary plan applications shall include the
following:
(2)
The Township staff shall first determine that the preliminary plan application is substantially complete in accordance with Subsection H(1)(a), (b), and (c). This determination does not constitute approval or disapproval of the plan but is provided to assure the submission of sufficient data for the Township Board of Supervisors to make a formal action on the plan. If the application is found to be incomplete, the Township will notify the applicant in writing that the submitted data does not constitute a formal filing of the preliminary plan and specify the deficiencies.
I.
Distribution. The Township staff shall distribute
the preliminary plan to the Township Planning Commission, Park and
Recreation Board, Township Engineer, Township Zoning Officer, Board
of Supervisors and, if deemed necessary, Solicitor, or other officials.
J.
Review of the preliminary plan.
(1)
The preliminary plan is reviewed by the Township staff,
Township Engineer, County Planning Commission, Park and Recreation
Board, and Township Planning Commission.
(2)
Attendance at both the Township Park and Recreation
Board and the Planning Commission meetings by the applicant or authorized
agent is mandatory to answer technical questions and establish the
acceptance of any possible recommended conditions of approval. If
there exist uncertainty of the acceptance of conditions of approval,
the plan may be recommended for disapproval. The applicant will be
advised of the scheduled Township meeting dates.
(3)
The Park and Recreation Board review shall be based upon the provisions of §§ 240-15E(3)(h) and 240-36 of this chapter.
(4)
All plan reviews shall determine conformance with
the standards contained in this chapter as well as other applicable
ordinances, and recommend to the Board of Supervisors such changes
and modifications as it deems necessary.
(5)
Any recommendation which involves engineering consideration
shall be subject to review and comment by the Township Engineer, which
shall be incorporated and separately set forth with the recommendations
to the Board of Supervisors.
(6)
The Township staff, Township Engineer, County Planning
Commission, and Township Planning Commission shall render a decision
on the plan and submit copies of their recommendations to the Board
of Supervisors within 45 days of the required meeting of the Park
and Recreation Board. The Park and Recreation Board shall submit its
recommendations to the Township Planning Commission and the Board
of Supervisors within 12 days after its required meeting.
K.
Ruling on the preliminary plan.
(1)
The applicant will be advised of the scheduled meeting
date for consideration of the preliminary plan by the Board of Supervisors.
Attendance at this meeting by the applicant or authorized agent is
mandatory to establish the acceptance of any possible conditions of
approval. If there exist uncertainty of the acceptance of conditions
of approval, the plan may be disapproved.
(2)
The Board of Supervisors shall approve, conditionally
approve, or disapprove the preliminary plan and shall communicate
said decision to the applicant within 90 days following the date of
the regular meeting of the Board of Supervisors or the Planning Commission
(whichever first reviews the application), next following the date
the application is filed. Provided that should the said next regular
meeting occur more than 30 days following the filing of the application
the said ninety-day period shall be measured from the 30th day following
the day the application has been filed.
(3)
The ruling of the Board of Supervisors shall be in
writing, specifically cite any conditions of approval and/or any plan
defects, and shall be communicated in writing to the applicant not
later than 15 days following the decision. Refusal by the applicant
to accept conditions shall constitute disapproval of the plan.
(4)
In the event that any waiver of requirements from
this chapter is requested by the applicant or is deemed necessary
by the Board of Supervisors, the waiver and the reasons for its necessity
shall be entered in the minutes of the Board of Supervisors.
(5)
When the preliminary plan is not approved in terms
as presented to the Board of Supervisors, the decision shall specify
the defects found in the application and describe the requirements
which have not been met and shall, in each case, cite the provisions
of the ordinance.
(6)
Approval of the preliminary plan constitutes approval
of the design for streets, lots, structures and other planning facilities.
Preliminary approval binds the developer to the plan as approved.
Preliminary approval does not authorize the recording, sale or transfer
of lots, nor shall this plan be recorded with the Lancaster County
Recorder of Deeds, but shall, when combined with other necessary approvals
and permits, grant the authority to install the public improvements
required as part of this chapter.
(7)
Preliminary approval shall expire within five years
after being granted unless an extension is requested by the applicant
and approved by the Board of Supervisors. Requests for extensions
shall be submitted to the Township at least 30 days prior to any prevailing
expiration date.
L.
Approval subject to conditions.
(1)
If the Board of Supervisors approves the preliminary
plan subject to conditions, the applicant shall either personally
at a public meeting or in writing approve or reject such conditions
within 10 business days after the applicant has received notice of
such conditions. For purposes of this subsection, notice to a person
presenting the preliminary 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,
a landscape architect or otherwise, shall be notice to the applicant.
The person presenting the plan on behalf of the applicant shall be
deemed to have authority to, on behalf of applicant, accept or reject
the conditions. Rejection of the conditions of approval shall serve
to automatically rescind the approval of the preliminary plan. The
failure to accept or reject such conditions within the ten-business-day
period shall be considered to be a rejection of the conditions, and
the conditional approval of the preliminary plan shall be automatically
revoked. In that event the applicant shall be notified in writing
within 10 days following the expiration of the ten-business-day period
to accept or reject the conditions that the preliminary plan approval
has been deemed revoked; provided, however, that failure to notify
the applicant of such revocation shall not constitute a deemed approval.
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 three copies
to be submitted to the Township. The conditions of approval must be
satisfied to obtain preliminary plan approval. The Board of Supervisors
will acknowledge the satisfactory compliance with all conditions,
if any, of the preliminary plan approval at a public meeting.
[Amended 10-14-2002 by Ord. No. 170]
(2)
There is no time limitation on attaining compliance
with the conditions of approval; however, conditional approval does
not extend the five-year period stated above.
[Amended 10-14-2002 by Ord. No. 170]
[Amended 4-14-1997 by Ord. No. 143]
A.
A final plan application is required for all subdivisions and land development plans. When a preliminary plan is required in accordance with § 240-10, an application for final plan approval can be submitted only after obtaining an unconditional preliminary plan approval.
B.
Final plans shall be submitted to the Township Secretary
at the Township Building, on any business day.
C.
First, the final plan is reviewed by the Park and
Recreation Board and second, by the Township Planning Commission.
D.
The Park and Recreation Board will review a final
plan at a particular meeting only if the final plan was filed with
the Township at least 15 days prior to that meeting. The Park and
Recreation Board shall complete its review and provide written comments
to the Township Planning Commission and the Board of Supervisors within
12 days after the meeting.
E.
The Township Planning Commission will only review
the final plan at a meeting if:
F.
Application requirements.
(1)
All final plan applications shall include the following:
(2)
The Township staff shall first determine that the preliminary plan application is substantially complete in accordance with Subsection F(1)(a), (b) and (c). This determination does not constitute approval or disapproval of the plan but is provided to assure the submission of sufficient data for the Township Board of Supervisors to make a formal action on the plan. If the application is found to be incomplete, the Township will notify the applicant in writing that the submitted data does not constitute a formal filing of the final plan and specify the deficiencies.
G.
Distribution. The Township staff shall distribute
the final plan to the Township Planning Commission, Park and Recreation
Board, Township Engineer, Township Zoning Officer, Board of Supervisors
and, if deemed necessary, Solicitor, or other officials.
H.
Review of the final plan.
(1)
The final plan is reviewed by the Township staff,
Township Engineer, County Planning Commission, Park and Recreation
Board, and Township Planning Commission.
(2)
Attendance at both the Township Park and Recreation
Board and the Planning Commission meetings by the applicant or authorized
agent is mandatory to answer technical questions and establish the
acceptance of any possible recommended conditions of approval. If
there exist uncertainty of the acceptance of conditions of approval,
the final plan may be recommended for disapproval. The applicant will
be advised of the scheduled Township meeting dates.
(3)
The Park and Recreation Board review shall be based upon the provisions of §§ 240-15E(3)(h) and 240-36 of this chapter.
(4)
All plan reviews shall determine conformance with
the standards contained in this chapter as well as other applicable
ordinances, and recommend to the Board of Supervisors such changes
and modifications as it deems necessary.
(5)
Any recommendation which involves engineering consideration
shall be subject to review and comment by the Township Engineer, which
shall be incorporated and separately set forth with the recommendations
to the Board of Supervisors.
(6)
The Township staff, Township Engineer, County Planning
Commission, and Township Planning Commission shall render a decision
on the final plan and submit copies of their recommendations to the
Board of Supervisors within 45 days of the required meeting of the
Park and Recreation Board. The Park and Recreation Board shall submit
its recommendations to the Township Planning Commission and the Board
of Supervisors within 12 days after its required meeting.
I.
Ruling on the final plan.
(1)
The applicant will be advised of the scheduled meeting
date for consideration of the final plan by the Board of Supervisors.
Attendance at this meeting by the applicant or authorized agent is
mandatory to answer technical questions and establish the acceptance
of any possible conditions of approval. If there is uncertainty on
the acceptance of conditions of approval, the plan may be disapproved.
(2)
The Board of Supervisors shall approve, conditionally
approve, or disapprove the final plan and shall communicate said decision
to the applicant within 90 days following the date of the regular
meeting of the Board of Supervisors or the Planning Commission (whichever
first reviews the application), next following the date the application
is filed. Provided that should the said next regular meeting occur
more than 30 days following the filing of the application, the said
ninety-day period shall be measured from the 30th day following the
day the application has been filed.
(3)
The ruling of the Board of Supervisors shall be in
writing, specifically cite any conditions of approval and/or any plan
defects, and shall be communicated to the applicant not later than
15 days following the decision. Refusal by the applicant to accept
conditions shall constitute disapproval of the plan.
(4)
In the event that any waiver of requirements from
this chapter is requested by the applicant or is deemed necessary
by the Board of Supervisors, action on the waiver shall be entered
in the minutes of the Board of Supervisors.
(5)
When the final plan is not approved in terms as presented
to the Board of Supervisors, the decision shall specify the defects
found in the application and describe the requirements which have
not been met and shall, in each case, cite the provisions of the ordinance.
J.
Approval subject to conditions. If the Board of Supervisors
approves the final plan subject to conditions, the applicant shall
either personally at a public meeting or in writing approve or reject
such conditions within 10 business days after the applicant has received
notice of such conditions. For purposes of this subsection, notice
to a person presenting the final 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,
a landscape architect or otherwise, shall be notice to the applicant.
The person presenting the plan on behalf of the applicant shall be
deemed to have authority to, on behalf of applicant, accept or reject
the conditions. Rejection of the conditions of approval shall serve
to automatically rescind the approval of the preliminary plan. The
failure to accept or reject such conditions within the ten-business-day
period shall be considered to be a rejection of the conditions, and
the conditional approval of the final plan shall be automatically
revoked. In that event the applicant shall be notified in writing
within 10 days following the expiration of the ten-business-day period
to accept or reject the conditions that the final plan approval has
been deemed revoked; provided, however, that failure to notify the
applicant of such revocation shall not constitute a deemed approval.
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 three copies
to be submitted to the Township. The Board of Supervisors will acknowledge
the satisfactory compliance with all conditions, if any, of the final
plan approval at a public meeting. Conditional approval does not constitute
an extension of the ninety-day final plan certification period stated
below.
[Amended 10-14-2002 by Ord. No. 170]
K.
Final plan certification. After approval and/or conditional
approval of the final plan and the required changes, if any are made,
the applicant shall present to the Township two paper and two plastic
transparencies. All final plans shall bear original signatures in
black ink on each certificate. The final plans shall be signed by
the Township Planning Commission, Township Engineer and the Board
of Supervisors (see Appendix Nos. 3 and 5[2]).
(1)
Upon payment of any outstanding review, inspection
or other fees, and upon confirmation that all required changes have
been made to the plan, the Township may release the plan to the applicant
for recording. The applicant shall, within 90 days of final approval
or 90 days after the date of delivery of the plan executed on behalf
of the Township following completion of any conditions imposed upon
such approval, whichever is later, record the plan in the office of
the Recorder of Deeds in and for Lancaster County, Pennsylvania. If
the applicant fails to so record the final plan, the Township's approval
of the final plan shall be null and void.
[Amended 10-14-2002 by Ord. No. 170]
(2)
No subdivision or land development plan may be recorded
unless it bears the original endorsement of the Board of Supervisors.
(3)
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 developer 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 ordinance or resolution.
(4)
If the final plan includes a notation to the effect
that there is no offer of dedication to the public of certain designated
uses, areas or streets, the title to such areas shall remain with
the owner, their 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.
[2]
Editor's Note: Said Appendixes are included
at the end of this chapter.
A.
The Board of Supervisors may waive any mandatory provision
of these regulations to the benefit of the developer provided the
majority of the members of the Board of Supervisors present at a scheduled
public meeting, determines that the waiver:
(2)
Will remove or reduce an unreasonable or undue hardship,
as it applies to the particular property, which is grossly disproportionate
to any benefit derived from the standard.
(3)
Will result in an equal or better situation.
(4)
Provides for reasonable utilization of the property
while securing the public interest.
B.
Waiver application. Notwithstanding the ability of
the Board of Supervisors to consider a waiver in conjunction with
their ruling on a preliminary or final plan, a waiver request shall
be submitted to the Township Secretary at the Township Building, on
any business day. A waiver request shall include eight copies of all
applicable plans, reports, and supplementary data, one application
form (see Appendix No. 7 [1]) and a filing fee as set by resolution of the Township
Board of Supervisors (see fee schedule available at the Township Building).
If this information was filed with a preliminary plan or final plan,
additional copies need not be submitted.
[1]
Editor's Note: Said Appendix is included at
the end of this chapter.
C.
Distribution. The Township shall distribute one copy
of the waiver to the Township Planning Commission, the Township Engineer,
the Township Zoning Officer, Board of Supervisors and, if necessary,
Solicitor, or other officials.
D.
Review of the waiver. The waiver is reviewed by the
Township staff and Planning Commission.
E.
Execution of the waiver.
(1)
The Board of Supervisors shall have the authority
to approve or disapprove the waiver. 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.
(2)
Action on the waiver shall be entered in the minutes
of the Board of Supervisors and forwarded to the applicant.
(3)
Failure of the Board of Supervisors to render a decision
and communicate it to the applicant as described herein shall be deemed
a denial of the waiver.
A.
Procedures for processing revised subdivision and/or
land development plans.
[Amended 10-14-2002 by Ord. No. 170]
(1)
Any changes to or deviations from a recorded final
plan or an unrecorded final plan approved by the Board of Supervisors,
including but not limited to deviations reflected on as-built plans
required to be submitted pursuant to this chapter, shall be considered
a new application and shall comply with all requirements of this chapter;
except that recorded and approved unrecorded final plans may be changed
or deviations shall not be subject to full plan processing requirements,
provided that in making such changes or provided that the deviations
are such that:
(a)
No lot or tract of land shall be created that
does not meet the minimum design standards required by this chapter
and other existing Township regulations.
(b)
No structure shall be relocated which does not
meet the minimum design standards required by this chapter and other
existing Township regulations.
(c)
No increase is made in the overall density.
(d)
Stormwater management facilities shall not be
changed except for minor lot grading.
(e)
Street locations and block sizes shall not be
changed.
(f)
The character and land use of the original application
shall be maintained.
(2)
Where the Board of Supervisors determines that a revision to or deviation from the final plan conforms to all provisions of the exception provided for in Subsection A, the following procedures may be followed in lieu of compliance with the standard plan processing procedures required by this chapter:
(b)
The applicant shall also file with the Township
Secretary the number of plans and supporting information, including
a request for review, as the Lancaster County Planning Commission
requires. The Township Secretary or Secretary's designee shall submit
the required plans and supporting information to the Lancaster County
Planning Commission. The Board of Supervisors will not approve the
application until the Lancaster County Planning Commission report
is received or until the expiration of 45 days from the date the application
was forwarded to the County.
(c)
The Township shall act on the revised final plan and communicate its decision to the applicant in the same manner as required for a final plan application as specified in § 240-11 of this chapter.
(d)
After the Township's approval of the revised
final plan, the applicant shall prepare two sets of the revised final
plan on stable plastic base film and two sets of paper copies of the
revised final plan for the Township's files, all of which shall specifically
identify the alterations to the previously recorded or approved final
plan.
B.
Minor preliminary pans. Applicants may, at their discretion,
concurrently submit preliminary and final plans for land developments
involving no more than 10 residential units which require no new streets
or a single nonresidential building on one lot. Consideration of both
the preliminary and final plans will be scheduled at the same meetings.
C.
Auction sale. In the case of the proposed subdivision
of land by process of auction sale, the following procedure is recommended.
(2)
The sketch pan should be designed in accordance with the standards of Article VI, Design Standards, and shall be submitted to the Township staff for review. Additionally, the following notation should be included on the plan: "The property is intended to be sold by auction on or about _______________, 2___, in whole or in part according to this plan. Sale of lots at such auction shall be in the form of agreement to purchase, and no transfer of ownership or interest in such lots shall proceed until a final plan showing such division of property shall have been approved in accordance with the West Lampeter Township Subdivision and Land Development Ordinance and recorded in the office of the Lancaster County Recorder of Deeds."
(3)
The auction sale may then proceed in accordance with
the above notation, after which the applicant shall prepare and submit
plans in accordance with this chapter.
