This article lists the requirements for final plans for a major subdivision or any land development, except that a land development that only involves the following may be submitted under the simplified requirements of Article VII:
A.
Final plan submission required.
(1)
A final plan submission for each major subdivision or land development must be filed by the applicant and reviewed in accordance with the provisions of this Article VI.
(2)
A final plan shall only be submitted after a preliminary plan has
been approved by the Board of Supervisors, if a preliminary plan is
required.
B.
Final plan submission deadline. An applicant shall file a final plan
submission within five years from the date of the approval of the
preliminary plan by the Board of Supervisors. Failure to comply with
this requirement shall render the preliminary plan submission null
and void, and a new preliminary plan submission must be filed under
any currently applicable ordinances.
C.
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 § 113-35. 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.
(2)
The Township staff shall forward applicable plans and documents to
the following persons or agencies to seek their comments prior to
final plan approval:
(3)
Applicant's distribution. It is the applicant's responsibility to:
(a)
Make agreements with the appropriate utility companies to guarantee
applicable provision of service.
(b)
Submit a complete application to PennDOT for any needed permit
for access to or work within a state road right-of-way.
(c)
Provide information to the DEP or other agencies for any permits
that might be required.
(d)
Submit a copy of the soil erosion and sedimentation plan to
the York County Conservation District, and pay its required review
fees, if earth disturbance is proposed and if such erosion control
plan was not approved at the preliminary plan level.
(e)
Provide a copy of the plans to the York County Planning Commission,
with any required fee.
(f)
If a sewage facility planning module is required by the DEP,
the applicant shall submit two complete copies for Township use plus
shall submit copies of the module and plans to various agencies as
required under state regulations. A sewage planning module shall be
completed and fully approved prior to final plan approval.
(g)
Provide information needed by the Sewage Enforcement Officer,
if applicable.
(4)
The filing of the final plan shall conform with the approved preliminary
plan and any conditions and changes recommended by the Township during
the preliminary plan review.
(5)
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.
D.
Review by Township Engineer.
(1)
The Township Engineer should review the submission and provide a
report to the Planning Commission and Board of Supervisors.
(2)
The applicant and/or his/her plan preparer should make reasonable
efforts to resolve technical engineering considerations outside of
and prior to Planning Commission meetings.
(3)
A copy of findings of the Township Engineer should be sent or handed
in person to the applicant or his/her representative.
E.
Review by Planning Commission. The Township 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 official review agencies.
(2)
Consider whether the final plan submission meets the requirements
of this chapter and other applicable ordinances.
(3)
Recommend some/all of any needed revisions needed for the submission
to conform to this chapter or that would generally improve the plan.
(4)
Recommend approval, conditional approval, or disapproval of the final
plan submission in writing via commission minutes to the Board of
Supervisors. The Planning Commission may recommend conditions for
approval or describe requirements which have not been met.
F.
Review by Board of Supervisors. The Board of Supervisors shall:
(1)
Review the recommendation of the Planning Commission and any reports
received from official reviewing agencies.
(2)
Determine whether the final plan submission meets the requirements
of this chapter and other applicable ordinances.
(3)
Approve, conditionally approve or disapprove the final plan submission
within the time limits established by the Pennsylvania Municipalities
Planning Code. (As of the adoption date of this chapter, state law
requires:
(a)
The Board of Supervisors to act on the application and render
its decision and communicate it to the applicant not later than 90
days following the date of the regular meeting of the Township Planning
Commission next following the date the application is filed, or after
a final order of the court remanding an application; provided that,
should the said next regular meeting occur more than 30 days following
the filing of the application or the final order of the court, the
said ninety-day period shall be measured from the 30th day following the day the application has been filed.
(b)
No subdivision or land development shall be granted final approval
until a report is received from the York County Planning Commission
or until the expiration of 30 days from the date the application was
forwarded to the York County Planning Commission, whichever comes
first.)
G.
Decision by Board of Supervisors.
(1)
Notice to applicant. The decision of the Board of Supervisors shall
be in writing and shall be communicated to the applicant personally
or mailed to him/her at his/her last known address not later than
15 days following the decision.
(2)
Dedications.
(a)
The approval of the final plan by the Board of Supervisors shall
not by itself constitute an acceptance of the dedication of any street
or other proposed public way, space, or area, unless such acceptance
is specified at such time.
(b)
Any such acceptance of dedication shall only occur after formal
action of the Township at such time.
(c)
As part of an improvements agreement, if the Board of Supervisors
elects to accept lands offered for dedication, the submission shall
be accompanied by duly executed instruments of conveyance to the Township.
Such instruments shall state that the title thereof is free and unencumbered.
(d)
The Board of Supervisors may require that a subdivider provide
title insurance.
(3)
Disapproval. When a final plan submission is disapproved, the decision
shall specify defects found in the submission, shall describe requirements
which have not been met, and shall cite the provisions of the statute
or ordinance relied upon in each case.
(4)
Conditions. The Board of Supervisors may attach reasonable conditions
to an approval to ensure the carrying out of this chapter, other Township
ordinances and state laws and regulations. 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
by the Board of Supervisors. 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, 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.
H.
Development in stages.
(1)
If requested by the applicant, the Board of Supervisors may permit
the undertaking of the required improvements and the preparation of
the final plan to be completed in a series of sections or stages,
each covering a portion of the proposed subdivision or land development
as shown on the preliminary plan.
(2)
If final plans are to be filed in sections or stages, each section
or stage shall provide sufficient access, utilities and amenities
to allow the development to properly function if future stages are
not built.
(3)
The boundaries of phases and the timing of related improvements shall
be subject to the approval of the Board of Supervisors.
I.
Statement of approval. At the request of the applicant, the Township
shall furnish the applicant with a signed copy of a resolution indicating
approval of the applicant's final plan, contingent upon the applicant
providing a satisfactory financial security. The final plan will not
be signed by Township officials until a satisfactory financial security
is presented. The resolution of contingent approval shall expire and
be deemed to be revoked if the financial security agreement is not
provided within 90 days, unless a written extension is granted by
the Township.
A.
All of the information and materials listed in this section are required
as part of all final plans for a major subdivision or a land development.
This list of requirements shall serve as both a list of requirements
and as a checklist for the applicant and the Township to ensure completion
of submissions. The applicant shall submit completed photocopies of
this section as part of the application.
B.
The required information listed in this section may be combined or
separated onto different sheets, provided that the plans will be clearly
readable. If a particular plan or item was submitted at the preliminary
plan stage and is still complete and accurate, then the applicant
may reference that submittal in the final plan submission instead
of providing additional copies.
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, as required by state law. At least
one set of plans provided to the Township (including revisions) shall
bear original signatures and original seals of plan preparers and
shall be marked as a "Township file copy."
