Copies of this chapter shall be available at reasonable charge on request for the use of any person who desires information concerning subdivision and land development standards and procedures in effect within Spring Garden Township. Any prospective developer may request a consultation with the Planning Commission at any regularly scheduled meeting to discuss and review tentative plans and discuss the applicability of the provisions of this chapter.
A. 
Where a land development plan includes improvements, the developer may submit a sketch plan to the Planning Commission in accordance with the provisions of § 275-20.
B. 
Such sketch plan will be considered as submitted for informal review and discussion and shall not constitute formal filing of the plan with the Township.
C. 
As far as may be practical on the basis of the sketch plan review and discussion, the Township will informally advise the developer as promptly as possible of the extent to which the proposed land development conforms to the design standards of this chapter (Article V) and will discuss possible plan modifications necessary to secure conformance.
A. 
Applications for approval of preliminary and final plans for all proposed land developments lying within the Township shall be submitted to the Township Manager who in turn shall initiate the review process and notify the Board of Commissioners. Such submission of plans shall be accompanied by a fee as specified in § 275-67.
B. 
The initial plan filed with the Board of Commissioners shall be considered as a preliminary plan. However, in the event that an initial land development is five lots or less and involving no new streets or other public improvements, the developer may proceed directly to final plan preparation in compliance with the requirements of § 275-24. A feasibility study as specified in § 275-22 shall accompany the plan submission. The processing of a minor land development shall be consistent with the procedures for processing a final plan as required in this article.
C. 
The developer shall submit the preliminary and final plans along with:
[Amended 12-14-2016 by Ord. No. 2016-03]
(1) 
At least five copies in blue or black line paper prints.
(2) 
Two copies of the required supporting data.
(3) 
A digital .pdf copy.
Preliminary and final plans shall comply with the requirements of Article IV.
A. 
All plans, whether preliminary or final, shall be forwarded by the Board of Commissioners or Township Manager to the Township Planning Commission for review and recommendation. If no report is received from the Township Planning Commission within 75 days, such plan shall be considered as receiving favorable review and recommendation from the Planning Commission.
B. 
The Board of Commissioners, Township Zoning Officer or developer, at the direction of Township, may also notify the following agencies as necessary for review and recommendations in writing that the plan, whether preliminary or final, has been received and will be considered at its meeting of specified date:
(1) 
Two copies of the plan, two copies of a feasibility report on water and sewer facilities and two copies of the plan module transmitted to the local office of the Pennsylvania Department of Environmental Protection for review and recommendations.
(2) 
One copy transmitted to the local office of the Natural Resources Conservation Service of the U.S. Department of Agriculture for review and recommendations concerning erosion, sediment and drainage control.
(3) 
One copy transmitted to the local office of the Pennsylvania Department of Transportation for review and recommendations where the land development will front on an existing or proposed state highway or has a proposed street entering on such a highway.
(4) 
One copy transmitted to the York County Planning Commission as required by § 275-3 of this chapter.
(5) 
One copy transmitted to each affected public utility who shall be requested to make recommendations as to the suitability of installing underground facilities.
(6) 
One copy transmitted to the Township Engineer or other authorized person for review of engineering requirements.
A. 
All plans, whether preliminary or final, shall be reviewed by the Township with reference to the following:
(1) 
The standards and requirements of this chapter.
(2) 
Any proposals contained in the Spring Garden Township Comprehensive Plan.
(3) 
Any proposals contained in the Spring Garden Township Comprehensive Sewage Plan.
(4) 
Site suitability for the particular type of development proposed.
(5) 
The availability for necessary services and facilities.
(6) 
The requirements of the Spring Garden Township Zoning Ordinance (Chapter 310).
(7) 
The requirements of any other applicable Township ordinances.
(8) 
The Official Map of the Township.
(9) 
The improvements, design and dedications or reservations required by this chapter.
B. 
In addition, any comments and recommendations from the following persons or agencies shall be given consideration:
(1) 
Township Engineer.
(2) 
York County Planning Commission.
(3) 
Pennsylvania Department of Environmental Protection.
(4) 
Natural Resources Conservation Service of the U.S. Department of Agriculture.
(5) 
Pennsylvania Department of Transportation.
(6) 
Affected public utilities.
(7) 
Interested citizens.
Before acting on any land development plan, the Board of Commissioners may hold a public hearing thereon pursuant to public notice.
A. 
At a scheduled public meeting, the Board of Commissioners shall render its decision on the plan, whether preliminary or final. The decision shall be rendered and communicated to the applicant not later than 90 days after the date of the regular meeting of the Board of Commissioners following the date the application is filed.
[Amended 12-14-2016 by Ord. No. 2016-03]
B. 
Final plan approval shall not be granted until such improvements as required by this chapter and shown on such final plan have been completed or guarantee posted as required in Article VI.
C. 
The decision of the Board of Commissioners concerning plan approval, whether preliminary or final, shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
[Amended 12-14-2016 by Ord. No. 2016-03]
D. 
When the plan is not approved in terms as filed, the decision shall specify the defects found in the plan and describe the requirements which have not been met and cite the provisions of this chapter relied upon.
E. 
Failure of the Board of Commissioners to render a decision and communicate it to the applicant within the time and in the manner herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
F. 
Final plan approval will be effective for 90 days from the date of the Board's action on the final plan, unless the Board grants a waiver by extending the effective time period of the approval. Within this time period, the applicant must meet all conditions of approval, if any, and record plans as specified in § 275-16 of this chapter.
G. 
If the Board conditions its final plan approval upon receipt of additional information, changes and/or notifications, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted to the Township for approval. Such data shall be submitted and approved by the Board within 90 days of its conditional approval, unless the Board grants a waiver by extending the effective time period. If the applicant finds the conditions unacceptable and/or fails to submit revised data within the specified time period, the plan will be automatically disapproved for the deficiencies outlined by the conditions of approval.
A. 
Approval of the preliminary plan by the Board of Commissioners constitutes conditional approval of the development as to the character and intensity of development, the general layout, and the approximate dimensions of streets, lots and other planned features. This approval binds the developer to the general scheme shown on the preliminary plan.
B. 
Approval of the preliminary plan shall not constitute approval of the final plan, nor does it authorize recording of the preliminary plan or the sale of any lots. However, such approval does authorize the developer to proceed with the preparation of the final plan, installation and construction of improvements and/or the posting of a bond or guarantee as specified in this chapter.
[Amended 7-8-1998 by Ord. No. 98-02]
A. 
Approval of the final plan by the Board of Commissioners constitutes final approval of the land development as to the character and intensity of development, the layout, and the dimensions of streets, lots and other planned features. This approval binds the developer to the scheme shown on the final plan.
B. 
Final plan approval authorizes the developer to proceed with the recording of the final plan, which must be accomplished before the developer can proceed with the sale of any lots or the construction of buildings or structures.
C. 
In the case of a "reverse subdivision" or combination of two or more properties into one parcel, a copy of the final recorded deed for said property must be submitted to the Township office for its files.
A. 
Upon approval of the final plan, the developer shall, within 90 days of such approval, record such plan in the office of the Recorder of Deeds of York County. Within 30 days after such recording, the developer shall furnish proof of recording, two copies of final plan with date, book and page number of recording in the Recorder of Deeds Office of York County to the Board of Commissioners. Should the developer fail to record the final plan within such period, the approval of the Board of Commissioners shall be null and void, unless an extension of time has been granted by the Board of Commissioners upon written request.
B. 
Recording of the final plan shall not constitute grounds for assessment increase until such time as lots are sold or improvements are installed on the land included within the subject plan.
For any replatting or resubdivision of land, the same procedures and regulations apply as prescribed for any original land development.
A. 
From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of this chapter, zoning or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly approved. The applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
B. 
When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in this chapter, zoning 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 five years from such approval.
C. 
Where final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of this chapter or the governing ordinance or plans as they stood at the time when the application for such approval was duly filed.
D. 
Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five-year limit, or any extension thereof as may be granted by the Board of Commissioners, no change of any ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.
E. 
In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted, and any modification in the aforesaid schedule shall be subject to approval of the Board of Commissioners in its discretion.
F. 
Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Commissioners in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with the landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within five years shall apply, and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.
G. 
Failure of the landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in this chapter, zoning and other governing ordinance enacted by the Township subsequent to the date of the initial preliminary plan submission.
After a plat has been approved and recorded as provided in this chapter, all streets and public grounds on such plat shall be and become a part of the Official Map of the Township without public hearing.