[Amended 12-19-1989 by Ord. No. 80]
All plans for subdivisions or land developments within the Township of West Earl, except as specifically exempted herein, shall be submitted for the review of the Township Planning Commission and such other township, county and state agencies as may be required and shall be approved or disapproved by the Township Supervisors. No subdivision or land development plan may be recorded in the office of the Recorder of Deeds in and for Lancaster County unless approval has been granted in accordance with the requirements herein. Notwithstanding the foregoing, the developer of the following land developments shall not be required to apply for or obtain land development approval:
A. 
The erection of an accessory residential building or structure on an existing lot containing a residential dwelling or in conjunction with the erection of a residential dwelling.
B. 
The conversion of an existing single-family detached or single-family semidetached dwelling into not more than three residential dwelling units.
C. 
The erection of an accessory building for agricultural purposes on an existing farm. A farm dwelling shall not be considered an accessory building. This exemption shall not apply if the West Earl Township Zoning Hearing Board, as a condition on the grant of a variance or special exception, requires an applicant to obtain land development approval.
A. 
Plan to be filed with the Township Planning Commission. Developers are urged to submit a sketch plan for any proposed development to the Township Planning Commission for review and discussion prior to the submission of the preliminary plans. Sketch plans shall comply with the requirements of Article IV, § 155-19, of this chapter.
B. 
Number of copies. Two legible black-line or blue-line paper prints of the sketch plan should be submitted to the Township Planning Commission.
A. 
A sketch plan shall be considered as a submission for informal discussion and will be considered as confidential between the developer and the Township Planning Commission.
B. 
Review by the Township Planning Commission. The Township Planning Commission shall file one copy of the sketch plan with its comments attached. The other copy of the sketch plan shall be returned to the developer for his use.
A. 
Plan to be filed with township. Copies of the preliminary plan and all required supporting data shall be officially submitted to the Township Secretary by the developer or his agent at least seven calendar days in advance of the regular scheduled meeting of the Township Planning Commission.
B. 
Submission of plan.
(1) 
The official submission of a preliminary plan shall comprise:
(a) 
Three completed copies of the application for approval of a preliminary plan.
(b) 
Five legible black-line or blue-line paper prints of the preliminary plan which shall fully comply with the requirements of Article IV, § 155-20, of this chapter.
(c) 
Three completed copies of the subdivision and land development site survey and sewage disposal report of the West Earl Township Planning Commission whenever soil percolation tests are required.
(d) 
Three copies of all other required information.
(2) 
A preliminary plan application shall be accompanied by all required plans and documents set forth in Subsection B(1)(a) through (d) above 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 Township Supervisors in accordance with § 155-39 of this chapter.
[Added 12-19-1989 by Ord. No. 80]
C. 
Filing fee. The applicant shall pay to the Township Secretary the filing fee as established by the Township Supervisors by ordinance or resolution. The applicant shall also reimburse the township for review fees incurred by the township's consultants in accordance with the fee schedule established by ordinance or resolution of the Township Supervisors.[1]
[Amended 5-26-1992 by Ord. No. 93]
[1]
Editor's Note: See Ch. A190, Fees.
D. 
Distribution of preliminary plan by the township. After all required fees have been collected and the plan has been officially accepted, the Township Secretary shall refer the preliminary plan to the following:
(1) 
One copy to the Township Planning Commission, including one copy of the application form and other required reports.
(2) 
Two copies to the Township Supervisors, including one copy of the application form and other required reports.
(3) 
One copy to the Township Engineer, including copy of all required supporting documents.
(4) 
One copy to the Township Zoning Officer.
E. 
Supplemental distribution of preliminary plan by applicant.
(1) 
The applicant shall also submit the preliminary plan to the following agencies:
(a) 
Copies to the Lancaster County Planning Commission in compliance with the Lancaster County Subdivision and Land Development Ordinance, as amended.
(b) 
Two copies to the District Officer of the Pennsylvania Department of Transportation when the proposed development abuts or is traversed by a state road.
(2) 
Plans indicating public water service and/or public sewer service shall be submitted to the applicable municipal authority providing such public water service and/or public sewer service.
[Added 12-19-1989 by Ord. No. 80]
A. 
Review by the Township Engineer. The Township Engineer shall review the preliminary plan to determine its conformance with this chapter. The Township Engineer may recommend changes, alterations or modifications as he may deem necessary. The report of the Township Engineer shall be in writing and shall be submitted to the Township Planning Commission prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Township Planning Commission. The report shall include an estimate of the cost of construction of all improvements as required by this chapter.
B. 
Review by the Township Zoning Officer. The Township Zoning Officer shall review the preliminary plan to determine its conformance with Chapter 184, Zoning. The Zoning Officer shall check all zoning data as required to be shown under Article IV, § 155-20, of this chapter to determine if information shown is in accordance with the latest amendments to Chapter 184, Zoning. The report from the Township Zoning Officer as to the accuracy of the information shown shall be submitted to the Township Planning Commission prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Planning Commission.
C. 
Review by the Township Planning Commission.
(1) 
When a preliminary plan has been officially accepted for submittal, such plan shall be reviewed by the Township Planning Commission at a regularly scheduled meeting or, at the discretion of the Planning Commission, at a special meeting.
(2) 
No official action shall be taken by the Township Planning Commission with respect to a preliminary plan until the township has received the written report of the County Planning Commission. If the County Planning Commission report has not been received within 30 days from the date said preliminary plan was submitted to the county, then the Township Planning Commission may officially act without having received and considered such report.
(3) 
During review of the preliminary plan, the Township Planning Commission shall consider the written reports of the Township Engineer and the Township Zoning Officer before making its final decision.
(4) 
If review by the Township Planning Commission is favorable or unfavorable because the requirements of this chapter have not been met or the Township Planning Commission deems changes or modifications of the plan submitted are advisable or necessary, such decision and the reasons therefor shall be given in written form by the Secretary of the Township Planning Commission to the Township Supervisors. In addition, the Township Planning Commission shall forward to the Township Supervisors copies of all reports received from the Township Zoning Officer and the Township Engineer.
(5) 
The Township Planning Commission shall submit its report to the Township Supervisors at least seven days before the next regular meeting of the Supervisors or, at the discretion of the Township Supervisors, the next special meeting. Said submission shall give the Township Supervisors sufficient time to officially act on the preliminary plan and to notify the applicant of such action.
D. 
Review by the Township Supervisors.
(1) 
When a preliminary plan has been officially referred to the Township Supervisors by the Township Planning Commission, together with its recommendation, such plan shall be reviewed at a regularly scheduled meeting of the Supervisors or, at the discretion of the Township Supervisors, at a special meeting.
(2) 
The Township Supervisors shall render their decision and communicate it to the applicant in accordance with the time limits set forth in Article V of the Municipalities Planning Code.[1]
[Amended 12-19-1989 by Ord. No. 80]
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
(3) 
The Township Supervisors shall review the preliminary plan and the written reports and recommendations thereon of the Township Planning Commission, the County Planning Commission, the Township Engineer and any other official boards of the township to determine the preliminary plan conformance with the standards contained in this chapter. The Township Supervisors may require or recommend such changes and modifications as they shall deem necessary or advisable in the public interest.
(4) 
Notice; approval or disapproval.
[Amended 12-19-1989 by Ord. No. 80]
(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:
[1] 
The applicant.
[2] 
The Township Planning Commission Secretary.
[3] 
The County Planning Commission.
(b) 
The Township Supervisors may approve the preliminary plan, in whole or in part, 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 written 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 the 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 Township 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.
(5) 
Approval of a preliminary plan shall not constitute acceptance of the subdivision or land development for recording. Approval is only an expression of approval of a general plan to be used in preparing the final plan for final approval and recording upon fulfillment of all requirements of this chapter.
(6) 
When a preliminary plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within three years from such approval.
A. 
Within 12 months of the Township Supervisors' approval of the preliminary plan, a final plan shall be officially submitted to the township. However, an extension of time may be granted by the Township Supervisors upon written request. A final plan submitted after this expiration of time for which no time extension has been granted may be considered as a new preliminary plan.
B. 
The final plan shall conform in all important respects to the preliminary plan as previously approved by the Township Supervisors and shall incorporate all modifications required by the township in its approval of the preliminary plan.
C. 
The township may permit submission of the final plan in sections, each covering a reasonable portion of the entire proposed development as shown on the approved preliminary plan.
D. 
Plan to be filed with township. Copies of the final plan and all required supporting data shall be officially submitted to the Township Secretary by the developer or his agent at least seven calendar days in advance of the regular scheduled meeting of the Township Planning Commission.
E. 
Submission of plan.
(1) 
The official submission of a final plan shall comprise:
(a) 
Three complete copies of the application for approval of a final plan.
(b) 
Five legible black-line or blue-line paper prints and two prints on linen cloth or stable-plastic-base film reproductions of the final plan which shall fully comply with Article IV, § 155-21, of this chapter.
(c) 
Three copies of all other required information when applicable.
(2) 
A final plan application shall be accompanied by all required plans and documents set forth in Subsection E(1)(a) through (c) above 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 Township Supervisors in accordance with § 155-39 of this chapter.
[Added 12-19-1989 by Ord. No. 80]
F. 
Filing fee. The applicant shall pay to the Township Secretary the filing fee as established by the Township Supervisors by ordinance or resolution. The applicant shall also reimburse the township for review fees incurred by the township's consultants in accordance with the fee schedule established by ordinance or resolution of the Township Supervisors. The developer shall reimburse the township for all fees imposed by township consultants in the inspection of improvements installed in connection with an approved final plan in accordance with the fee schedule adopted by ordinance or resolution of the Township Supervisors.[1]
[Amended 5-26-1992 by Ord. No. 93]
[1]
Editor's Note: See Ch. A190, Fees.
G. 
Distribution of final plan by the township. The final plan shall be distributed in accordance with the requirements of Article III, § 155-9D, of this chapter for the preliminary plan. In addition, the Secretary shall forward the two linen prints or stable-plastic-base film reproductions of the final plan to the Township Planning Commission.
H. 
Supplemental distribution of final plan by applicant. The applicant shall also submit copies of the final plan to the Lancaster County Planning Commission in compliance with the Lancaster County Subdivision and Land Development Ordinance, as amended.
A. 
Review by the Township Engineer. The final plan shall be reviewed and a written report submitted as required under Article III, § 155-10A, of this chapter for preliminary plans.
B. 
Review by the Township Zoning Officer. The final plan shall be reviewed and a written report submitted as required under Article III, § 155-10B, of this chapter for preliminary plans.
C. 
Review by the Township Planning Commission. The final plan shall be reviewed in accordance with the procedure required under Article III, § 155-10C, of this chapter for preliminary plans, and in addition:
(1) 
If all the requirements of this chapter are met and the review is favorable, the Planning Commission shall authorize its Chairman, with the Secretary so attesting, to endorse the linen prints or stable-plastic-base film reproductions "Approved by the West Earl Township Planning Commission," together with the date of such action, on the copies which are intended to be recorded.
(2) 
At the discretion of the Township Planning Commission, the Township Engineer may be requested to endorse the linen prints or stable-plastic-base film reproductions "Approved by the Township Engineer," together with the date of such action, on the copies which are intended to be recorded.
(3) 
The linen print or stable-plastic-base film reproductions with the Township Planning Commission's endorsement and the Township Engineer's endorsement, when applicable, shall be forwarded to the Township Supervisors.
D. 
Review by the Township Supervisors. The final plan shall be reviewed in accordance with the procedures as required under Article III, § 155-10D, of this chapter for the preliminary plan, in addition to the following:
(1) 
Before acting on a final plan, the Supervisors may hold a public hearing on any development, giving such notice as defined by law. If a public hearing has been held upon a preliminary plan, no public hearing is required unless the final plan departs substantially from the preliminary plan.
(2) 
If the Township Supervisors approve the final plan, the linen prints or stable-plastic-base film reproductions shall be signed by the Chairman and the Secretary, together with the date of action.
(3) 
A performance guaranty or a certificate of satisfactory installation, as required under Article III, § 155-14, of this chapter, shall be required before the final plan is released for recording.
(4) 
The two linen prints or stable-plastic-base film reproductions of the final plan, with the Township Supervisors' approval and the Township Seal, shall be forwarded to the applicant.
A. 
After approval by the Township Supervisors and the Township Planning Commission and with all endorsements on the two linen prints or stable-plastic-base film reproductions of the final plan, the applicant shall obtain the endorsement of the County Planning Commission indicating the review of the final plan by said agency.
B. 
After the County Planning Commission has endorsed the linen prints or stable-plastic-base film reproductions of the final plan, the applicant shall take his plans to the County Recorder of Deeds.
C. 
When the linen prints or stable-plastic-base film reproductions of the final plan are fully endorsed as required by this chapter, said plans shall be known as the "record plan."
D. 
The applicant shall file the record plan with the Lancaster County Recorder of Deeds within 90 days of the date of final approval by the Township Supervisors. The Recorder's certificate that the record plan has been recorded with the deed book and page numbers indicated shall be submitted to the township.
E. 
If the applicant fails to record the record plan within 90 days of the date of final approval by the Township Supervisors, the action of said Supervisors shall be null and void unless an extension of time is granted, in writing, by the Township Supervisors after a written request to do so by the applicant.
F. 
After the final plan has been recorded with the Lancaster County Recorder of Deeds, the township and the County Planning Commission may require one reproducible copy of the record plan for their permanent files.
[Amended 12-19-1989 by Ord. No. 80]
A. 
No project shall be considered in compliance with this chapter until the streets, street signs, sidewalks and curbs within street rights-of-way, buffer planting, storm drainage facilities for dedication or which affect adjacent properties and/or streets, sanitary sewer facilities for dedication (exclusive of laterals), water supply facilities (exclusive of laterals), fire hydrants, lot line markers and survey monuments have been installed in accordance with this chapter. No final plan shall be signed by the township for recording in the office of the Recorder of Deeds in and for Lancaster County unless all improvements required by this chapter have been installed or a performance guaranty in accordance with Subsection B of this section is accepted by the township or the Authority, as applicable. The administration of performance guaranties shall comply with the provisions of this Article and other applicable laws of the commonwealth.
B. 
All guaranties shall be prepared by the developer in the form required by the township or by the Authority and acceptable to the Solicitor of the township or the Authority, as applicable. The amount of the guaranty shall be calculated in accordance with Article V of the Municipalities Planning Code.[1] The guaranty shall assure completion of all improvements within a time period as may be determined by the township. The following are acceptable forms of guaranties, and all other forms of guaranties shall be individually approved by the township or Authority:
(1) 
Surety performance bond: a security bond from a surety bonding company authorized to do business in the Commonwealth of Pennsylvania. The bond shall be payable to the township and/or the Authority, as applicable.
(2) 
Escrow account: a deposit of cash either with the township and/or the Authority, as applicable, or in escrow with a financial institution. The use of a financial institution for establishing an escrow account shall be subject to approval by the township or the Authority. In the case of an escrow account, the developer shall file with the township or the Authority an agreement between the financial institution and himself guaranteeing the following:
(a) 
That funds of said escrow account shall be held in trust until released by the township or the Authority and may not be used or pledged by the developer as security in any other matter during that period.
(b) 
In the case of a failure on the part of the developer to complete said improvements, that the institution shall immediately make the funds in said account available to the township or the Authority for use in the completion of those improvements.
(3) 
Letter of credit: a letter of credit provided by the developer from a financial institution or other reputable institution subject to the approval of the township or the Authority, as applicable. This letter shall be deposited with the township or the Authority and shall certify the following:
(a) 
That the creditor does guarantee funds in an amount equal to the cost of completing all required improvements.
(b) 
In case of failure on the part of the developer to complete the specified improvements within the required time period, that the creditor shall pay to the township or the Authority immediately and without further action such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.
(c) 
That the letter of credit may not be withdrawn or reduced in amount until released by the township or the Authority.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
C. 
Inspection during construction. The township and/or the Authority shall inspect the improvements during construction. The developer shall pay the costs of such inspection in accordance with the provisions of Article V of the Pennsylvania Municipalities Planning Code.[2] The developer shall provide at least 48 hours' notice prior to the start of construction of any improvements.
[2]
Editor's Note: See 53 P.S. § 10501 et seq.
D. 
The developer may request the Board of Supervisors to release or authorize the release, from time to time, of such portions of the performance guaranty necessary for payment to the contractor or contractors performing the work. Such requests shall be in writing addressed to the Township Supervisors, and the Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Township Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Township Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer as fairly representing the value of the improvements completed. If the Township Supervisors fail to act within the forty-five-day period, the Township Supervisors shall be deemed to have approved the release of funds as requested. The Township Supervisors may, prior to final release at the time of completion and certification by the Township Engineer, require the retention of 10% of the estimated cost of the completed improvements.
A. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Township Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Township Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall thereupon file a report, in writing, with the Supervisors and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Township Supervisors. Said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part; and if said improvements or any portion thereof shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
B. 
The Township Supervisors shall notify the developer within 15 days of receipt of the Township Engineer's report, in writing, by certified or registered mail, of the action of the Township Supervisors with relation thereto.
[Amended 12-19-1989 by Ord. No. 80]
C. 
If the Township Supervisors or the Township Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved, and the developer shall be released from all liability pursuant to his performance guaranty.
D. 
If any portion of said improvements shall not be approved or shall be rejected by the Township Supervisors, the developer shall proceed to complete the same, and upon completion, the same procedure of notification as outlined herein shall be followed.
Any revision or resubdivision of land which includes changes to a recorded plan shall be considered a subdivision and shall comply with all regulations of this chapter, except that:
A. 
Lot lines may be changed from those shown on a recorded plan, provided that, in making such changes:
(1) 
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 184, Zoning.
(2) 
Easements or rights-of-way reserved for drainage shall not be changed.
(3) 
Street locations and block sizes shall not be changed.
(4) 
No lot shall be created which does not abut an existing or a proposed street.
(5) 
Land being conveyed, sold or transferred to an adjoining lot for the purpose of increasing the lot size shall become a part of the whole of such lot and shall not be later subdivided from the lot.
B. 
In every case wherein lot lines are changed as permitted by the above, the subdivider shall prepare a new record plan and shall submit the record plan to the township for the endorsements of the Township Planning Commission and Township Supervisors (Township Supervisors shall specifically identify the previous record plan superseded) and to the County Planning Commission for that agency's endorsement. The subdivider shall then record the new plan in accordance with Article III, § 155-13, of this chapter.
[Amended 12-19-1989 by Ord. No. 80; 5-26-1992 by Ord. No. 93]
All improvements shall be deemed to be private improvements and only for the benefit of the specific subdivision or land development until such time as the same have been offered for dedication and formally accepted by the township or the Authority by ordinance, resolution, deed or other formal action or document. The developer shall submit as-built plans of all improvements which will be dedicated to the township or the Authority. Neither the township nor the Authority shall have any responsibility of any kind with respect to improvements shown on the final plan until the improvements have been formally accepted by the township or the Authority. Where the township or the Authority accepts dedication of an improvement, the developer shall post financial security, in a form acceptable to the township or the Authority, to secure the structural integrity of said improvement as well as the functioning of said improvement in accordance with the design and specifications as depicted upon the final plan. The term of such financial security shall be 18 months from the date of acceptance of dedication of the improvement, and the amount of said financial security shall be 15% of the actual cost of installation of such improvement.
[Added 12-19-1989 by Ord. No. 80]
A. 
Application requirements. All requests for waivers shall be made in accordance with the following procedure:
(1) 
All requests for a waiver shall be made in writing and shall be made prior to the filing of an application for development 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 § 155-19).
(2) 
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 A(1) above at the time of submission of the revised plans.
(3) 
Requests for waivers shall be considered by the Township Supervisors at a public meeting which is at least seven days after the submission of the waiver request.
B. 
Township action. The Township 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 Township Supervisors determine that the applicant has met his burden, they may grant a waiver from the literal compliance with the terms of this chapter.
C. 
Notification of township action.
(1) 
After the meeting at which the waiver was reviewed by the Township Supervisors, the township shall send notice of the township's action to the following individuals:
(a) 
The applicant.
(b) 
The Township Planning Commission Secretary.
(c) 
The Lancaster County Planning Commission.
(2) 
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.