A.
The procedures set forth in this article shall be followed for all
subdivision and/or land development plans.
B.
The Township Planning Commission and County Planning Commission are
advisory to the Township Board of Supervisors.
C.
The preapplication review specified in § 121-8 is optional. The purpose of the procedure is to provide the developer with the advice and assistance of the Planning Commission.
D.
The preliminary plan application specified in § 121-9 is mandatory for all land developments, subdivision and/or land developments involving new streets or other public improvements and subdivisions involving six or more lots. In general, the purpose of the procedure is to review detailed design and construction plans. Approval of the preliminary plan authorizes the construction of public improvements and the preparation of final plans.
E.
The final plan application specified in § 121-10 is mandatory for all subdivision and/or land development plans. In general, the purpose of the procedure is to review detailed design and construction plans and receive assurance of public improvements. Approval of the final plan authorizes the recording of the plan, the construction of buildings and the selling of land.
A.
Applicants are urged, but not required, to discuss possible development
sites and plans with the Planning Commission prior to submission of
the preliminary or final plans. The purpose of the preapplication
meeting is to afford the applicant an opportunity to receive the advice
and assistance of the Planning Commission. Request for a preapplication
review shall not constitute the formal filing of a plan.
B.
It is suggested that a sketch plan which includes those items listed in § 121-13 be prepared for a preapplication review. Such plans shall be submitted only to the Township staff at the Township Office on any business day; however, the Township Planning Commission will officially review a plan at a particular meeting only if the plan was filed at least 15 days prior to that meeting.
A.
General provisions.
(1)
Preliminary plan applications are required for all land developments,
subdivision and/or land developments involving new streets and subdivisions
involving six or more lots.
(2)
Subdivisions involving less than six lots and no new street or other public improvements may be submitted as final plans in accordance with § 121-10.
(3)
Preliminary plans shall be submitted only to the Township staff at
the Township Office, on any business day; however, the Township Planning
Commission will officially review a plan at a particular meeting only
if that plan was filed at least 15 days prior to that meeting.
(4)
Applicants are urged to submit a sewer facilities plan revision or
supplement in conjunction with the preliminary plan to avoid unnecessary
delays at the final plan stage.
B.
Application requirements.
(1)
All preliminary plan applications shall include the following:
(a)
Ten copies of the preliminary plan and all reports, notifications and certification which are specified in § 121-14.
(b)
One application form. (See Appendix No. 8.[1])
[1]
Editor's Note: Appendix 8 is included at the end of this chapter.
(c)
A filing fee as set by resolution of the Township Board of Supervisors.
(See the fee schedule available at the Township Office.)
(2)
The Township staff shall first determine that the preliminary plan application is substantially complete in accordance with Subsection B(1)(a), (b) and (c). This determination does not constitute approval or disapproval of the plan but is provided to assure the submission of sufficient data for the Township Board of Supervisors to make a formal action on the plan. If the application is found to be incomplete, the Township will notify the applicant in writing that the submitted data does not constitute a formal filing of the preliminary plan and specify the deficiencies.
C.
Distribution. The Township staff shall distribute the preliminary
plan to the Township Planning Commission, Township Engineer, Township
Zoning Officer, County Planning Commission and, if deemed necessary,
Solicitor or other officials.
D.
Review of the preliminary plan.
(1)
The preliminary plan will be reviewed by both the Township staff
and Township Planning Commission prior to consideration of the plan
by the Board of Supervisors. The applicant will be advised of both
scheduled meeting dates. Attendance at both meetings by the applicant
or authorized agent is mandatory to answer technical questions and
establish the acceptance of any possible recommended conditions of
approval.
(2)
The Township staff and Planning Commission shall review the plan
to determine its conformance with the standards contained in this
chapter and other applicable ordinances and shall recommend to the
Board of Supervisors such changes and modifications as they deem necessary.
(3)
Any recommendation which involves engineering consideration shall
be subject to review and comment by the Township Engineer, which shall
be incorporated and separately set forth with the recommendations
to the Board of Supervisors.
(4)
The Township staff and Planning Commission shall render a decision
on the plan within 60 days after the plan filing date and submit copies
of their recommendations to the Board of Supervisors.
E.
Ruling on the preliminary plan.
(1)
The applicant will be advised of the scheduled meeting date for consideration
of the preliminary plan. Attendance at this meeting by the applicant
or authorized agent is mandatory to establish the acceptance of any
possible conditions of approval. If there exists uncertainty of the
acceptance of conditions of approval, the plan may be disapproved.
(2)
The Board of Supervisors shall approve, conditionally approve or
disapprove the preliminary plan and shall communicate said decision
to the applicant within 90 days following the date of the next regular
meeting of the Planning Commission which follows the date of filing.
In no instance shall the official filing date be more than 30 days
after filing the plan. Said notice shall be in writing, specifically
cite any conditions of approval and/or any plan defects and shall
be communicated, in writing, to the applicant not later than 15 days
following the decision. Refusal by the applicant to accept conditions
shall constitute disapproval of the plan.
(3)
In the event that any waiver of requirements from this chapter is requested by the applicant in accordance with § 121-11A or is deemed necessary by the Board of Supervisors, the waiver and the reasons for its necessity shall be entered in the minutes of the Board of Supervisors.
(4)
When the preliminary plan is not approved in terms as presented to
the Board of Supervisors, the decision shall specify the defects found
in the application and describe the requirements which have not been
met and shall, in each case, cite the provisions of this chapter.
(5)
Failure of the Board of Supervisors to render a decision and communicate
it to the applicant within the time and in the manner required 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.
(6)
Approval of the preliminary plan constitutes approval of the design
for streets, lots, structures and other planning facilities. Preliminary
approval binds the developer to the plan as approved. Preliminary
approval does not authorize the recording, sale or transfer of lots,
nor shall this plan be recorded with the York County Recorder of Deeds
but shall, when combined with other necessary approvals and permits,
grant the authority to install the public improvements required as
part of this chapter.
(7)
Preliminary approval shall expire within five years after being granted
unless an extension is requested by the applicant and approved by
the Board of Supervisors. Requests for extensions shall be submitted
to the Township at least 30 days prior to any prevailing expiration
date.
F.
Compliance with conditions of approval. If the Board of Supervisors
conditions its preliminary plan approval upon receipt of additional
information, alterations, changes or notifications, such data shall
be submitted and/or alterations noted on three copies of the plan
to be submitted to the Township. Conditional approval does not constitute
an extension of the review period stated above. Refusal by the applicant
to accept and/or comply with the conditions specified shall constitute
disapproval of the plan.
G.
Preliminary plan certification. Upon receipt of an unconditional
preliminary plan approval or approval conditioned solely upon an approved
sewer facilities plan revision or supplement, two paper copies of
the preliminary plan shall be presented to the Township for signature
by the Township Planning Commission and the Township Secretary or
designee. (See Appendix Nos. 3 and 4[2] for statement.)
[2]
Editor's Note: Appendix Nos. 3 and 4 are included at
the end of this chapter.
A.
General provisions.
(1)
A final plan application is required for all subdivision and land development plans. When a preliminary plan is required, in accordance with § 121-9, an application for final plan approval can be submitted only after obtaining an unconditional preliminary plan approval or approval conditioned solely upon an approved sewer facilities plan revision or supplement.
(2)
Final plans shall be submitted only to the Township staff at the
Township Office, on any business day; however, the Township Planning
Commission will officially review a plan at a particular meeting only
if that plan was filed at least 15 days prior to that meeting.
(3)
In addition to the above, building construction plans, including
identification of unusual fire hazard potential and private hydrant/sprinkling
systems, shall be submitted to the appropriate fire company.
B.
Application requirements.
(1)
All final plan applications shall include the following:
(a)
Ten copies of the final plan and all reports, notifications and certificates which are specified in § 121-15.
(b)
One application form. (See Appendix No. 8.[1])
[1]
Editor's Note: Appendix No. 8 is included at the end of this chapter.
(c)
A filing fee as set by resolution of the Township Board of Supervisors.
(See the fee schedule available at the Township Office.)
(2)
The Township staff shall first determine that the final plan application is substantially complete in accordance with Subsection B(1)(a), (b) and (c). This determination does not constitute approval or disapproval of the plan but is provided to assure the submission of sufficient data for the Township Board of Supervisors to make a formal action on the plan. If the application is found to be incomplete, the Township will notify the applicant, in writing, that the submitted data does not constitute a formal filing of the final plan and specify the deficiencies.
C.
Distribution. The Township staff shall distribute one copy of the
final plan to the Township Planning Commission, Township Engineer,
Township Zoning Officer, County Planning Commission and, if deemed
necessary, Solicitor or other officials.
D.
Review of the final plan.
(1)
The final plan will be reviewed by both the Township staff and Township
Planning Commission prior to consideration of the plan by the Board
of Supervisors. The applicant will be advised of both scheduled meeting
dates. Attendance at both meetings by the applicant or authorized
agent is mandatory to answer technical questions and establish the
acceptance of any possible recommended conditions of approval.
(2)
The Township staff and Planning Commission shall review the plan
to determine its conformance with the standards contained in this
chapter and other applicable ordinances and shall recommend to the
Board of Supervisors such changes and modifications as they deem necessary.
(3)
Any recommendation which involves engineering consideration shall
be subject to review and comment by the Township Engineer, which shall
be incorporated and separately set forth with the recommendations
to the Board of Supervisors.
(4)
The Township staff and Planning Commission shall render a decision
on the plan within 60 days after the plan filing date and submit copies
of their recommendations to the Board of Supervisors.
(5)
After review of the final plan, the Planning Commission shall sign
a transparent copy of the plan. (See Appendix No. 3[2] for certificate.)
[2]
Editor's Note: Appendix No. 3 is included at the end of this chapter.
E.
Ruling on the final plan.
(1)
The applicant will be advised of the scheduled meeting date for consideration
of the final plan. Attendance at this meeting by the applicant or
authorized agent is mandatory to answer technical questions and establish
the acceptance of any possible conditions of approval. If there exists
uncertainty on the acceptance of conditions of approval, the plan
may be disapproved.
(2)
The Board of Supervisors shall approve, conditionally approve or
disapprove the final plan and shall communicate said decision to the
applicant within 90 days following the date of the next regular meeting
of the Planning Commission which follows the date of filing. In no
instance shall the official filing date be more than 30 days after
filing the plan. Said notice shall be in writing, specifically cite
any conditions of approval and/or any plan defects and shall be communicated
to the applicant not later than 15 days following the decision. Refusal
by the applicant to accept conditions shall constitute disapproval
of the plan.
(3)
In the event that any waiver of requirements from this chapter is
requested by the applicant or is deemed necessary by the Board of
Supervisors, action on the waiver shall be entered in the minutes
of the Board of Supervisors.
(4)
When the final plan is not approved in terms as presented to the
Board of Supervisors, the decision shall specify the defects found
in the application and describe the requirements which have not been
met and shall, in each case, cite the provisions of this chapter.
(5)
Failure of the Board of Supervisors to render a decision and communicate
it to the applicant within the time and in the manner required 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.
(6)
When requested by the applicant, in order to facilitate financing, the Board of Supervisors shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan contingent upon the applicant obtaining a satisfactory financial security. The resolution's contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless an extension is requested, in writing, by the applicant and a written extension is granted by the Board of Supervisors. No final plan will receive final approval by the Board of Supervisors unless the applicant has completed all required improvements, public and otherwise, as specified in this chapter, or has filed with the Board of Supervisors an improvement guarantee in the manner prescribed in Article V.
[Amended 6-14-1990 by Ord. No. 90-07]
F.
Compliance with conditions of approval. If the Board of Supervisors
conditions its final plan approval upon receipt of additional information,
alterations, changes or notifications, such data shall be submitted
and/or alterations noted on three copies of the plan to be submitted
to the Township. The Board of Supervisors will acknowledge the satisfactory
compliance with all conditions, if any, of the final plan approval
at a public meeting. Conditional approval does not constitute an extension
of the review period stated above. Refusal by the applicant to accept
and/or comply with the conditions specified shall constitute disapproval
of the plan.
G.
Final plan certification. After approval and/or conditional approval
of the final plan and the required changes, if any, are made, the
applicant shall present to the Township one set of final plans, which
shall be a transparent original or a transparent reproduction of the
plan, and three sets of final plans, which shall be paper copies.
All final plans shall bear original signatures on each certificate.
The final plans shall be signed by the Township Engineer and the Board
of Supervisors (see Appendix No. 5[3]).
(1)
Upon payment of any outstanding plan review fees or inspection fees,
the transparent copy of the plan will be returned to the applicant
for certification by the County Planning Commission and recordation.
The applicant shall prepare four paper copies of the plan and record
one of the paper copies of the plan in the office of the York County
Recorder of Deeds. The Recorder of Deeds certificate of recordation
shall be completed on the three remaining paper copies, and all three
plans submitted to the Township. The transparent copy is retained
by the applicant. Should the applicant fail to record the final plan
within 90 days of the Board of Supervisor's final plan approval,
the Township action on the plan shall be null and void unless the
Board of Supervisors grant a waiver by extending the effective time
period of the approval.
[Amended 6-14-1990 by Ord. No. 90-07]
(2)
The final plan shall be filed with the York County Recorder of Deeds
and the above-referenced paper copies of the plan submitted to the
Township before proceeding with the sale of lots and/or the construction
of units.
(3)
No subdivision or land development plan may be recorded unless it
bears the original signatures of the Board of Supervisors.
(4)
Recording of the final plan shall have the effect of an irrevocable
offer to dedicate all streets and other areas designated for public
use shown thereon unless reserved by the developer as hereinafter
provided. The approval of the Board of Supervisors shall not impose
any duty upon the Township concerning maintenance or improvement of
any such dedicated street or public use until the Board of Supervisors
shall have accepted the same by ordinance or resolution.
(5)
If the final plan includes a notation to the effect that there is
no offer of dedication to the public of certain designated uses, areas
or streets, the title to such areas shall remain with the owner, their
heirs and assigns, and the Township shall assume no responsibility
for improvements or maintenance thereof, which fact shall also be
noted on the final plan.
[3]
Editor's Note: Appendix No. 5 is included at the end of this chapter.
[Amended 6-14-1990 by Ord. No. 90-07]
If the literal compliance with any mandatory provision of these
regulations is shown by the applicant, to the satisfaction of the
majority of the members of the Board of Supervisors present at a scheduled
meeting, to be unreasonable or to cause undue hardship as it applies
to a particular property, or that an alternative proposal will allow
for equal or better results, the Board of Supervisors may grant a
waiver from such mandatory provision, so that substantial justice
may be done and the public interest secured while permitting the reasonable
utilization of the property. All requests for a waiver shall be in
writing and shall accompany and be a part of the application for development.
The request shall state in full the grounds of facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
A.
Waiver application. A waiver shall be submitted only to the Township
staff at the Township Office on any business day. A waiver request
shall include one application form (see Appendix No. 9[1]) and four copies of all applicable plans, reports and
supplementary data. If this information was filed with a preliminary
plan or final plan, additional copies need not be submitted.
[1]
Editor's Note: Appendix No. 9 is included at the end of this chapter.
B.
Distribution. The Township shall distribute one copy of the waiver
to the Township Planning Commission, the Township Engineer, the Township
Zoning Officer and, if necessary, Solicitor or other officials.
C.
Review of the waiver. When deemed appropriate by the Board of Supervisors,
the Township staff and Planning Commission shall review the waiver
and recommend to the Board of Supervisors such action as they deem
appropriate.
D.
Execution of the waiver.
(1)
The Board of Supervisors shall have the authority to approve or disapprove
the waiver. In granting any waiver, the Board of Supervisors may impose
such conditions as will, in its judgment, secure substantially the
objectives of the standards and requirements of this chapter.
(2)
Action on the waiver shall be entered in the minutes of the Board
of Supervisors and forwarded to the applicant.
(3)
Failure of the Board of Supervisors to render a decision and communicate
it to the applicant as described herein shall be deemed a denial of
the waiver.
A.
Procedure for processing revised subdivision and/or land development
plans.
(1)
Any replatting or resubdivision of recorded and/or approved plans
shall be considered as a new application and shall comply with all
requirements of this chapter, except that plans may be revised in
accordance with this procedure to correct an obvious error.
(2)
A revised subdivision and/or land development plan shall not alter
the number, location or configuration of lots, buildings or other
improvements beyond the original understanding of the Board of Supervisors.
(3)
All revised subdivision and/or land development plan applications
shall be submitted only to the Township staff at the Township Office.
Each application shall include two paper copies of the revised final
plan and one application form (see Appendix No. 8[1]). Upon review of the revision, the Township staff will,
in writing, advise the applicant whether or not the revision complies
with the above. The Township staff has the right to review any alteration
with the Township Board of Supervisors to determine conformity with
the above.
[1]
Editor's Note: Appendix No. 8 is included at the end of this chapter.
B.
Minor preliminary plans. Applicants may, at their discretion, concurrently
submit preliminary and final plans for land developments involving
no more than eight residential units housed in fewer than three principal
structures which require no new streets or other public improvements.
Consideration of both the preliminary and final plans will be scheduled
at the same meetings.
C.
Auction sale. In the case of the proposed subdivision of land by
process of auction sale, the following procedure is recommended.
(2)
The sketch plan should be designed in accordance with the standards of Article VI, Design Standards, and shall be submitted to the Township staff for review. Additionally, the following notation should be included on the plan: "The property is intended to be sold by auction on or about ____________, 20____, in whole or in part, according to this plan. Sale of lots at such auction shall be in the form of agreement to purchase, and no transfer of ownership or interest in such lots shall proceed until a final plan showing such division of property shall have been approved in accordance with the West Manchester Township Subdivision and Land Development Ordinance and recorded in the office of the York County Recorder of Deeds."
(3)
The auction sale may then proceed in accordance with the above notation,
after which the applicant shall prepare and submit plans in accordance
with this chapter.
