All proposed subdivisions and/or land developments
shall be designed, laid out, arranged, constructed, and coordinated
with all presently existing facilities and improvements which serve
the tract proposed to be developed, including but not limited to the
a) transportation network, b) sewer collection, conveyance, and treatment
facilities, c) water supply and distribution facilities, and d) stormwater
management facilities, as necessary to accommodate prospective traffic,
provide adequate sewer and water service, promote proper stormwater
management, facilitate fire protection, prevent flooding, and conform
to the Comprehensive Plan, including any Urban Growth Boundary, the
Official Map, and any regulations or plans adopted in furtherance
thereof. All proposed subdivisions and/or land developments shall
also be designed, laid out, arranged, constructed, and coordinated
to insure that abutting properties will continue to have safe and
convenient access in accordance with the standards of this chapter
or, if such properties do not presently have such access, to have
access at least equal to the level existing prior to the proposed
subdivision and/or land development. The applicant shall submit studies
and reports with the preliminary plan and the final plan which shall
clearly identify any assumed, proposed, and required improvements
to existing facilities. If an applicant submits a study, report or
plan which contains improvements assumed to be installed by others
and compliance with the design standards in this chapter is based
upon the completion of such assumed improvements, the design standards
of this chapter shall not be considered as met unless the applicant
presents evidence that a governmental entity has budgeted funds and/or
has entered into contracts for the assumed improvements or unless
a plan for another development which proposes the installation of
such improvements has been approved and recorded.
(1) Whenever Chapter
285, Zoning, provides that the use proposed by the applicant for subdivision and/or land development approval shall constitute a use by special exception or a conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or the Board of Supervisors, as applicable, prior to the submission of the preliminary plan. The preliminary plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception or conditional use by the Zoning Hearing Board or the Board of Supervisors, as applicable.
(2) Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance or variances from any requirements of Chapter
285, Zoning, the applicant shall obtain such variance or variances from the Zoning Hearing Board prior to the submission of the preliminary plan. The preliminary plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such variance or variances by the Zoning Hearing Board.
(3) Whenever all or a portion of the land contained within
an application for subdivision or land development approval constitutes
all or a portion of land included in a prior subdivision or land development
plan approved by the Township or the Lancaster County Planning Commission
and recorded in the office of the Recorder of Deeds in and for Lancaster
County, Pennsylvania, the plan shall comply with all conditions, restrictions,
and notes imposed on the prior approval and/or included upon the recorded
subdivision or land development plan. The applicant shall identify
all prior recorded subdivision and/or land development plans of which
all or a portion of the land contained in the plan was a part and
all conditions, restrictions, and notes which affect the current application.
Failure to identify all applicable conditions, restrictions, and notes
of record on prior plans constitutes a violation of this chapter.
The applicant shall submit with the application for preliminary plan
approval (or final plan approval if a preliminary plan is not required)
a statement identifying the prior plans reviewed; the conditions,
restrictions, and notes which would impact development in accordance
with the plan for which approval has been requested; and an explanation
of the manner in which the proposed plan has been designed to comply
with such conditions, restrictions, and notes. This information shall
be signed by the applicant or the applicant's engineer, landscape
architect or other consultant.