A.
Presubmission consultation. As described in § 113-25, applicants are encouraged to informally discuss their proposals with applicable Township staff persons or other Township officials before preparing engineered plans.
B.
Site tour. Applicants are very strongly encouraged to cooperate in
an on-site tour of the property by Township officials. See the language
in the application form that requests permission for a site tour.
This site tour should be scheduled as soon as possible after the applicant
has provided copies of a map of existing conditions. At best, this
would occur after a sketch plan has been submitted but before preliminary
plans have been completed.
(1)
This site tour is intended to informally:
(a)
Familiarize Township officials with the property's existing
features, particularly including scenic views and the site's relationship
to surrounding areas;
(b)
Identify potential site design issues that will need to be addressed;
and
(c)
Discuss site design concepts, including the general layout of
proposed development and open spaces.
(2)
Comments made during the site visit shall not be binding upon the
Township, and no formal action or recommendation shall be made during
the site visit.
C.
Sketch plan. Prior to the submission of a preliminary plan, applicants
are very strongly encouraged to submit a sketch plan. A sketch plan
review often allows an applicant to save substantial time and engineering
costs, because many concerns about layout and issues concerning Township
ordinances can be resolved prior to detailed engineering. This can
often reduce the need for future redesign at a more-detailed stage,
thereby saving the applicant significant money and time.
(1)
No official action is required on a sketch plan, so it will not delay
the submittal of a preliminary plan.
A.
Preliminary plan submission required.
(1)
A preliminary plan submission for a major subdivision or land development [except as provided in Subsection A(2) below] meeting all of the requirements of this article shall be filed by the applicant and reviewed in accordance with the provisions of this article.
(2)
A preliminary plan submission is not required for the following applications, which instead shall meet the requirements in Article VII:
B.
Filing and distribution.
(1)
The applicant shall file with the Township staff, at least 25 calendar days prior to a regular Township Planning Commission meeting (not including a workshop meeting): the required fees and the information and plans required under § 113-30.
(a)
Any subsequent submittal of revised plans shall be submitted
at least seven calendar days before a Planning Commission meeting
where the plans are intended to be reviewed, unless permission is
granted for a later submittal by the Township Engineer, particularly
when a revision only involves minor technical changes or corrections.
(b)
If the Planning Commission determines that a submittal is significantly
incomplete, it may recommend to the Board of Supervisors that the
application be denied. An application may be denied if it is significantly
incomplete.
(2)
The Township staff shall forward applicable plans and documents to
the following persons or agencies to seek their comments prior to
preliminary plan approval:
(3)
Applicant's distribution. The applicant is fully responsible for
the following:
(a)
Contacting the appropriate utility authorities/companies, as
appropriate, including the water supplier, to determine availability
of service.
(b)
Seeking at least an informal review by PennDOT of any proposed
access onto a state road and providing PennDOT with sufficient information
for such a review.
(c)
Determining whether any permits or approvals are needed from
any agency outside of the Township, including the DEP (including any
obstruction to a waterway) and the Army Corps of Engineers (including
determining whether any wetland will be disturbed).
(d)
Providing a copy of the sedimentation and erosion control plans
to the York County Conservation District, together with its required
review fees, if any earth disturbance is proposed, unless the applicant
states, in writing, in a signed letter to the Township, that earth
disturbance will not occur until approval of the final plan (in which
case the erosion control plan may be submitted at the final plan stage).
(e)
Adjacent municipalities. If any portion of a major subdivision
or land development is proposed within 200 feet of the boundary of
another municipality or would clearly have a regional impact upon
another municipality, as determined by the Township Planning Commission,
then the applicant shall provide a copy of the layout plan to that
municipality for an advisory review.
(f)
Providing a copy of the plans and required fees to the York
County Planning Commission.
(g)
Providing copies and making submittals to the Township and review
agencies as required under the Pennsylvania DEP's sewage planning
module process, if applicable.
(h)
Providing materials needed by the Sewage Enforcement Officer,
if applicable.
(4)
Notice to adjacent landowners. At the time of initial submittal of
a preliminary plan for any land development or major subdivision,
the applicant shall mail written notice of the proposal to all owners
of property that is contiguous or directly across a road from the
subject property. Such notice shall include the date, time and place
of the first Planning Commission meeting at which the application
is expected to be reviewed, with the phone number of the Township
Building. Such notice shall include a brief description of the location
of the proposed subdivision or land development and state that copies
of the proposal may be reviewed at the Township Building. The notice
shall state that meetings of the Township on the proposal are open
to the public.
(a)
Such notices shall be mailed by United States mail with return
receipt requested at the applicant's expense. The applicant shall
furnish the Township with return receipts or other evidence of compliance
with this section prior to final plan approval.
(5)
Each preliminary plan and supporting documents should seek to incorporate
any revisions recommended by the Township and York County Planning
Commissions, the Township Engineer and other appropriate Township
officials during any sketch plan review.
(6)
Colored layout plan. It is suggested that the applicant provide one
copy of the layout plan that is lightly colored to highlight major
features (such as paving, trees, waterways, streets, wetlands and
building locations, if known) to allow clear understanding by the
general public at public meetings.
(7)
Revisions. A detailed list of revisions from a previously submitted
plan shall be provided whenever a revised plan is submitted. The developer's
plan preparer shall certify that the list of revisions is complete.
C.
Review by Township Engineer.
(1)
After the plans are duly submitted for review (unless the plans are
significantly incomplete), the Township Engineer should review the
engineering considerations of the preliminary plan and prepare a report
on such considerations to the Planning Commission.
(2)
The Township Engineer may make additional reports and recommendations
to the Commission and the Board of Supervisors during review of the
plan.
(3)
The applicant and/or his/her engineer should make reasonable efforts
to resolve technical engineering considerations outside of and prior
to Planning Commission meetings.
(4)
A copy of findings of the Township Engineer shall be sent or handed
in person to the applicant or his/her representative.
D.
Review by Commission. The Planning Commission shall accomplish the
following within the time limitations of the Pennsylvania Municipalities
Planning Code (unless the applicant grants a written time extension),
while allowing a sufficient number of days within this deadline for
a decision by the Board of Supervisors:
(1)
Review applicable reports received from any official reviewing agencies.
(2)
Provide a recommendation regarding whether the preliminary plan submission
meets the requirements of this chapter and other applicable ordinances.
(3)
Recommend any revisions to the submission that are needed to comply
with this chapter or that would generally improve the plan.
(4)
Recommend approval, conditional approval, or disapproval of the preliminary
plan submission in writing, via Commission minutes to the Board of
Supervisors, that should: specify any recommended conditions for approval,
identify defects found in the application, describe requirements which
have not been met, and cite the provisions of the ordinance relied
upon.
E.
Review and action by Board of Supervisors. The Board of Supervisors
shall:
(1)
Review the recommendation of the Commission and any reports that
have been received from reviewing agencies.
(2)
Determine whether the preliminary plan submission meets the requirements
of this chapter and other ordinances.
(3)
Approve, conditionally approve or disapprove the preliminary plan
submission within the time limits required by the Pennsylvania Municipalities
Planning Code. (As of adoption date of this chapter, this law requires:
(a)
The Board of Supervisors to act not later than 90 days following
the date of the first regular meeting of the Commission held after
the preliminary plan has been properly filed for review; but in no
case shall the Board of Supervisors' decision be made later than 90
days following the date the submission was accepted as being filed
for review, unless the applicant grants a written extension of time;
and
(b)
That no subdivision or land development shall be granted final
approval until a report is received from the County Planning Commission
or until the expiration of 30 days from the date the application was
forwarded to the County Planning Commission, whichever comes first.)
F.
Decision by Board of Supervisors.
(1)
The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant personally or by mail at his/her
last known address not later than 15 days following the decision.
(2)
Approval of the preliminary plan submission shall constitute approval
of the subdivision or land development as to the character and intensity
but shall not constitute approval of the final plan or authorize the
sale of lots or construction of buildings.
(3)
If the preliminary plan submission is disapproved, the decision shall:
specify defects found in the submission, describe requirements which
have not been met and cite the provisions of the statute or ordinance
relied upon in each case.
(4)
At the discretion of the Board of Supervisors, the Board may grant
combined preliminary/final plan approval if the preliminary plan submission
also meets all of the requirements of a final plan submission and
the Board determines that there are no significant outstanding matters
regarding the plan.
(5)
Acceptance of conditions. If conditions are placed upon an approval,
it shall be the responsibility of the applicant or his authorized
representative, in writing, to accept or reject the conditions within
a maximum of 30 days after the date of the decision. If the applicant
fails to accept or reject the conditions within such time period,
then it shall be presumed that the applicant has accepted all of the
conditions upon the approval. If the applicant rejects any condition
within such time period, then the approval shall be rescinded, unless
a decision of a court determines such condition was not valid.
(a)
The applicant shall be required to show compliance with all
the conditions upon the final plan approval within one year after
the date of the decision by the Board of Supervisors, unless a written
extension is granted by the Board of Supervisors.
G.
Final plan submission deadline.
(1)
An applicant shall file a final plan within five years from the date
of the approval of the preliminary plan by the Board of Supervisors.
(2)
Failure to comply with this requirement shall render the preliminary
plan null and void, and a new preliminary plan submission and approval
shall be required.
See § 113-29A regarding when a preliminary plan is required.
A.
All of the following information and materials listed in this section are required as part of all preliminary plan submissions for any land development and any major subdivision. This list of requirements shall serve both to establish the requirements and as a checklist for the applicant and the Township to use to ensure completeness of submissions. The applicant shall submit completed photocopies of the checklist in § 113-30C as part of the application.
B.
The required information listed in this section may be combined or
separated onto different sheets, provided that all information is
clearly readable.
C.
Checklist and List of Submittal Requirements.[1]
[1]
Editor's Note: The Checklist and List of Submittal Requirements is included at the end of this chapter.
All certifications shall comply with the state professional
licensing laws. All subdivisions of land shall be certified and stamped
by a registered land surveyor. At least one set of all plans provided
to the Township, including revisions, shall bear original signatures
and original seals of plan preparers, which shall be marked as a "Township
file copy."
As part of the submittal of a sketch plan or preliminary plan,
whichever comes first, for a major subdivision or land development
that involves over 10 acres of land for a nonresidential project or
20 or more dwelling units for a residential project, the applicant
shall provide the following mapping and prove to the Planning Commission
that the following process was followed in designing the proposed
development:
A.
Applicants are strongly encouraged to submit these sketches as part
of the sketch plan process, to avoid delays to the applicant in preliminary
plan approval. Submittal at the sketch plan stage will greatly increase
the likelihood that all issues will be able to be resolved in time
to meet the standard ninety-day time clock for approval of a preliminary
plan without needing time extensions.
B.
This process is intended to show everyone how the special features of the property relate to resource areas on adjacent lands and how the development will properly relate to the features of the land that are most worthy of conservation. See the "existing resources and site analysis map" provisions in § 113-30C, Part D. Existing conditions shall be accurately mapped. For the sole purposes of meeting this section, the mapping of proposed development may be at a sketch plan level of detail.
(1)
Delineation of open space. Using the map of existing resources and site analysis map, the applicant shall delineate areas that are proposed to be preserved as common open space (if required by § 113-65 of this chapter, in a cluster development or other sections of Chapter 133, Zoning) and/or otherwise through conservation easements.
(a)
If common open space in a development is proposed, then the applicant shall show compliance with the applicable requirements of Chapter 133, Zoning, including but not limited to the following:
[1]
Providing calculations of the minimum percent and acreage of
required common open space, which shall be submitted at the sketch
plan stage or the preliminary plan stage, whichever submission occurs
first.
[2]
Proposed common open space shall be designated using the existing resources and site analysis map as a base map. The applicant shall prove compliance with applicable provisions of Chapter 133, Zoning, and § 113-65 of this chapter. The following areas shall be shown: one-hundred-year floodplains, wetlands and slopes over 25%.
[3]
The proposed common open space shall maximize opportunities to interconnect open spaces with important natural features and common open space on neighboring properties (see the context map in § 113-30C, Part C). The applicant should consider the Future Greenways and Recreation System Map in the Joint Comprehensive Plan, unless or until a more-detailed map is prepared for Jackson Township.
[4]
The applicant shall then prioritize natural resources on the parcel in terms of highest to least suitabilities for inclusion in the proposed common open space in consultation with the Planning Commission and in accordance with § 113-71 of this chapter and applicable sections of Chapter 133, Zoning,.
[5]
On the basis of those priorities and practical considerations
given to the parcel's configuration, its context in relation to resource
areas on adjoining and neighboring properties, and the applicant's
subdivision objectives, priority areas for conservation shall be delineated
to meet at least the minimum area percentage requirements for common
open space and in a manner clearly indicating their boundaries as
well as the types of resources included within them.
(b)
If open space in a development is not proposed, the applicant
shall show measures that will be used to minimize impacts upon important
natural features. The applicant shall show that every reasonable effort
has been made to locate development to avoid the over-25% slopes and
one-hundred-year floodplain and wetlands and to minimize impact upon
other natural and historic resources. In addition to meeting any requirement
for common open space, important natural features should also be protected
as part of individual lots (such as large rear yards and/or through
conservation easements).
(2)
Potential development areas concept map. Based upon consideration
of the existing features map and the process described above, the
potential development areas shall be mapped. These Potential development
areas are areas that are best suited for the majority of the development
on the parcel.
(3)
Location of home sites. In respect of the process described above,
the approximate proposed locations of new homes/principal buildings
shall then be selected. It is recognized that on-lot septic system
suitability needs to influence these choices, when septic systems
are used. It is also recognized that some intrusions into the natural
and historic resources may be necessary to allow reasonable uses of
the land, provided that such development is carefully located and
designed to minimize impacts upon valuable resources and features.
(a)
While the mapping of existing features required by this section
is required to be accurate and to scale, the locations of proposed
home sites, lot lines, roads and trails may be at a sketch plan level
of detail for the purposes of complying with this section.
(b)
The applicant shall provide a written and graphic analysis of
how the proposed development will respect and incorporate the important
resources of the site and be coordinated with resources, open space/trail
corridors and views on surrounding properties. This may involve an
overlay map that shows important natural features and proposed development.
(4)
Layout of streets and trails. A sketch of the tentative street layout
shall then be designed to serve the appropriate building sites. Trails
should also be considered to link together common open spaces, clusters
of homes and other destinations (such as nearby stores, parks and
schools). Building sites should be clustered together to minimize
expensive wetland and creek crossings by roads.
(5)
Drawing the lot lines. Tentative lot lines should then be drawn on
the site to encompass the proposed building sites, to result in a
development concept plan. Once this sketch is prepared, then more-detailed
engineering may be completed.
