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]
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.
(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.
