[Ord. 2002-02, 2/7/2002]
This Part sets forth the application requirements for obtaining
approval of subdivision and land developments. The form of the various
plans referred to in this Part and information required to be forwarded
with such plans shall be as specified in Part 4.
[Ord. 2002-02, 2/7/2002]
Whenever the Zoning Ordinance [Chapter
27] provides that the use proposed by the applicant for subdivision or land development approval shall constitute a use by special exception or conditional use, or when a variance from the terms of the Zoning Ordinance [Chapter
27] is required to develop in accordance with the plan, the applicant shall obtain such special exception, variance or conditional use approval from the Township Zoning Hearing Board or Board of Supervisors, as applicable, prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception, variance or conditional use by the Township Zoning Hearing Board or Board of Supervisors, as applicable.
[Ord. 2002-02, 2/7/2002]
All applications shall follow these application and processing
requirements (except sketch plans as provided hereafter). All plans
shall be received by the Board of Supervisors at their regularly scheduled
business meeting.
A. Formal Application/Submission Deadlines. All applications for approval
of a subdivision plan, land development plan, lot add-on plan or improvement
construction plan shall be made by the developer filing an application
form, to be supplied by the Township, together with the appropriate
plans, studies, reports, supporting data and required filing fee,
with the Township. Applications may be filed with the Township on
any business day; however, the Board of Supervisors will only act
to accept a submission at a particular meeting if the plan was filed
at least seven business days prior to that meeting.
B. Application Requirements. All plan applications shall include the
following:
(1)
Two copies of the plan(s). All plans shall be either black on white or blue on white paper prints and prepared in conformance with the provisions of Part
4 of this chapter.
(2)
Two copies of all reports, notifications and certifications
which are not provided on the preliminary plan.
(3)
Two copies of the application form as provided in the Appendix.
(4)
Filing and review escrow fees in the amounts as specified on
the fee schedule adopted by resolution of the Board of Supervisors
and available at the Township Office.
(5)
Two copies of all reports required by Part 4.
(6)
Documentation that the plans have been properly filed with the
York County Planning Commission, as well as any and all other required
approving agencies (local, state, and federal agencies, water and
sewer authorities, utilities, etc.)
(7)
The applicant shall provide the Township with seven copies of
the most current plan at least seven business days before the plan
is scheduled to be reviewed by the Planning Commission or the Board
of Supervisors.
C. Initial Application. The Township staff, as designated by the Board,
shall have seven business days from the date of submission of an application
to check the plans and documents to determine if on their face they
are in proper form and contain all information required by this Part.
The initial application shall only be received by the Board of Supervisors
at its regularly scheduled business meeting if the Township staff
determines that the plans and documents, on their face, are in proper
form and contain all information required by this Part. If the Township
staff determines the application is defective, the Board of Supervisors
shall return the application to the applicant with a statement explaining
the reason(s) of rejection, within 12 business days following the
date of submission by the applicant; otherwise, it shall be deemed
accepted for filing as of the date of submission. Acceptance for filing
shall not, however, constitute a waiver of any deficiencies or irregularities.
Under this section, the applicant may appeal a decision by the Township
staff to the Board.
D. Amendments or Corrections to an Application. The Township staff shall
have seven business days from the date of submission of an amended
or corrected application or plan to determine whether such amended
or corrected application results in a substantial amendment to the
plan or if the application or plan filed changed so as to be considered
a new plan. If the Township staff determines that the amended or corrected
application constitutes a substantial amendment, the applicant shall
be informed of the determination within 12 business days from the
date of the submission of the amended or corrected application and
the Township staff shall further inform the applicant that the Township
shall consider the ninety-day review procedure to have been restarted
as of the date of the filing of the substantial amendment. If the
Township staff determines that the amended or corrected application
constitutes a new plan, he shall so inform the applicant and shall
inform the applicant that a new application and new fees are required.
Under this section, the applicant may appeal a decision by the Township
staff to the Board.
E. Distribution. The applicant shall, after acceptance of the application
by the Board of Supervisors, submit one copy of the above-required
information to the Township Planning Commission, one copy to the Township
Engineer and the required number of copies to any other applicable
approval agencies for their respective reviews. Township staff, as
designated by the Board of Supervisors, shall coordinate the review
of the application with the Planning Commission and Board of Supervisors.
F. Plan Review Process.
(1)
Review by the Township Staff and Consultants.
(a)
The Township Zoning Officer and any Township personnel as directed by the Board shall review the application documents to determine if they are in compliance with this chapter, the Zoning Ordinance [Chapter
27], the Comprehensive Plan, the Township's planning objectives and accepted planning standards. These personnel shall provide comments and recommendations, including written findings when directed by the Board.
(b)
The Township Engineer and/or other consultants designated by
the Board of Supervisors shall review the application documents to
determine compliance with this chapter, and any other applicable Township
ordinances, Township standards and good engineering practices. He
shall prepare a written report of his findings and recommendations,
which shall be presented to the Township and the applicant.
(2)
Planning Commission Review. The Planning Commission will review
the application with the developer or his agent at a regular meeting
following the Board of Supervisors' meeting where the application
was accepted. The Planning Commission will review the application
to determine if it meets the standards set forth in the Township's
ordinances. The application shall then be submitted by the Planning
Commission, together with its analysis and recommendations, including
those of the Township staff and Engineer, to the Board. Generally,
the plan will not be forwarded to the Board until it has been recommended
for approval or disapproval.
(3)
Board Review Process.
(a)
Generally, following review and recommendation by the Planning
Commission, the Board of Supervisors will place the plan on its agenda
for review and action.
(b)
All applications for approval of a plan shall be acted upon
by the Board. The Board shall render its decision and communicate
it to the applicant not later than 90 days following the date of the
regular meeting of the Board of Supervisors next following the date
the application is filed or after a final order of 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.
(c)
Notification of Board of Supervisors Action. The decision of
the Board 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.
1)
When the application is not approved in terms as filed, 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 the ordinance relied upon.
2)
Failure of the Board to render a decision and communicate it
to the applicant within the time and in the manner required herein,
unless a greater period of time has been authorized by the Municipalities
Planning Code, 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 or 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.
(d)
Compliance with the Board of Supervisors Action. If the Board
conditions its 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 to the Board within
90 days of their conditional approval, unless the Board grants a modification
by extending the effective time period.
(e)
Board of Supervisors Approval and Certification. The Board will
acknowledge the satisfactory compliance with all conditions, if any,
of the plan approval at a regularly scheduled public meeting. After
receipt of plan approval and compliance with all conditions of approval,
a plan shall be presented to the Township for acknowledgement through
a formal approval certification statement on the plan as provided
in the Appendix. Two copies (one for the Township and one for the
applicant) of the plan shall be provided for the Board to sign the
approval certificate.
[Ord. 2002-02, 2/7/2002]
Applicants are strongly urged to discuss possible development
sites and plan with the staff of the Township prior to formal submission
of any plan. The purpose of the preapplication meeting or sketch plan
review is to afford the applicant an opportunity to receive the advice
and assistance of the Township Planning Commission, Board of Supervisors,
and staff. Submission of a sketch plan is optional and will not constitute
formal filing of a plan with the Township.
A. Preapplication Plans and Data Procedure. Prior to the preparation
and filing of the preliminary plan for subdivision or land development,
the applicant may submit to the Township the following plans and data,
which shall be forwarded to the Planning Commission and Board of Supervisors
for consideration. The plans should include those elements that should
be considered in the design of the subdivision or land development.
B. Submission of Preapplication (Sketch) Plans. Prospective applicants
submitting a preapplication plan for review by the Planning Commission
shall include those items listed in § 402 of this chapter.
Plans shall be considered for informal review and discussion and shall
not constitute formal filing of the plan with the Township. Plans
shall be submitted seven business days prior to the regularly scheduled
monthly meeting of the Planning Commission. All plan submittals shall
be accompanied by a completed application as provided in the Appendix
and a filing fee in an amount as specified on the fee schedule adopted
by resolution of the Board of Supervisors and available at the Township
Office. The applicant may proceed to the preliminary plan process
following the meeting with the Planning Commission and Board of Supervisors.
The applicant shall incorporate the comments or concerns of the Planning
Commission, Board of Supervisors and staff and make every effort to
address these items in the preliminary plan.
[Ord. 2002-02, 2/7/2002]
Plans that meet the criteria as listed hereafter shall be exempt
from the requirement to process a preliminary plan and may process
a final plan prepared in accordance with Part 4.
A. Lot Add-On Plans.
(1)
Lot add-on plans shall meet the following criteria:
(a)
A lot add-on plan shall only be prepared for the conveyance
of land for the sole purpose of increasing the size of a contiguous
parcel.
(b)
A lot add-on plan shall not create any additional lot(s).
(c)
A lot add-on plan shall not result in any nonconformity with the design standards found in Part
6 of this chapter.
(d)
A lot add-on plan shall not alter the site and/or existing stormwater
management facilities in a manner that affects the discharge of stormwater
to an adjacent property or significantly relocates a major stormwater
management facility within the project.
(e)
A lot add-on plan shall not alter a recorded plan or revise
any approved final plan that has not yet been recorded. The alteration
of a recorded plan or an approved final plan, which has not been recorded,
shall be by a revised final plan (See § 308D).
(2)
In every case where a proposal conforms to the above, the application
shall comply with the following procedures:
(a)
The applicant shall submit to the Township two black on white
or blue on white paper copies of a lot add-on plan prepared to the
standards specified in § 406 of this chapter and one application
form as provided in the Appendix. In addition to submitting the required
material, the applicant shall provide all filing fees as required
by the Township plus documentation that plans have been properly submitted
to the County Planning Commission.
(b)
The applicant shall prepare two plans for recording, which shall
be a transparent reproduction of the original plan with black line
on stable plastic base film, one set of paper copies of the plan and
a copy of the revised metes and bounds description of the proposed
lot add-on for the Board's files. The two transparent copies
of the plan shall be certified by the Board. The applicant shall record
the plans with the Recorder of Deeds. These plans shall be filed with
the Recorder of Deeds prior to the execution of a deed for the land.
(3)
In every case where a plan conforms to the above, the applicant
shall follow the plan processing and recording procedures for a final
plan as outlined in § 306 of this chapter.
B. Separation Subdivision.
(1)
Separation subdivision plans may be used to divide one lot into
two lots whose common boundary is one of the following:
(a)
The center line of an existing street; or
(b)
The center line of an existing creek or stream; or
(2)
The proposed lots to be created by the separation subdivision
plan shall conform to all the following:
(a)
The proposed lots shall be separated by the common boundary
along its entire length through the parent tract.
(b)
The proposed lots shall conform to the design standards found in Part
6 of this chapter.
(c)
The proposed lots shall conform to requirements of the Zoning Ordinance [Chapter
27].
(3)
In every case where a plan conforms to the above, the applicant
shall follow the plan processing and recording procedures for a final
plan as outlined in § 306 of this chapter.
C. Minor Subdivision.
(1)
In the case of a subdivision plan of five lots or fewer, either
initially or cumulatively from the effective date of February 7, 2002,
which does not require provisions for a new street, the applicant
may at his discretion concurrently submit preliminary/final plans
for action at the Board meeting. For the purpose of interpreting this
section of the Chapter, a subdivision of not more than five lots shall
include the remaining tract.
[Amended by Ord. 2012-1, 10/15/2012]
(2)
In the case of a land development plan proposing (a) the construction
of one nonresidential building not exceeding 10,000 square feet of
building area; or (b) the construction of an addition to a nonresidential
building not exceeding 5,000 square feet of additional building area,
the applicant may at his discretion concurrently submit preliminary
and final plans for action by the Township.
(3)
In every case where a plan conforms to the above, the applicant
shall follow the plan processing and recording procedures for a final
plan as outlined in § 306 of this chapter.
(4)
All other plans shall be submitted in accordance with § 305
of this chapter.
D. Revised Subdivision and/or Land Development Plans. Any replatting,
revision or resubdivision of recorded plans or any replatting, revision
or resubdivision of any approved final plan which has not been recorded,
excluding lot grading plans in subdivisions, shall be considered as
a new application and shall comply with all requirements of this chapter,
except that plans may be changed, provided that in making such changes:
(1)
No lot or tract of land shall be created that does not meet
the minimum design standards required by this chapter and existing
Township regulations.
(2)
No structure shall be relocated which does not meet the minimum
design standards required by this chapter and existing Township regulations.
(3)
No increase is made in the overall density and no additional
lots are created.
(4)
The site and/or stormwater management facilities are not altered
in a manner that affects the discharge of stormwater to an adjacent
property or significantly relocates a major stormwater management
facility within the project.
(5)
Street locations and block sizes shall not be changed.
(6)
The character and land use of the original application shall
be maintained.
(7)
In every case where a plan alteration conforms to the above,
the applicant shall follow the plan processing and recording procedures
for a final plan as outlined in § 306 of this chapter.
E. Accessory Dwelling Plans. Accessory dwelling plans shall be processed
in accordance with the Accessory Dwelling Policy and Guidelines as
provided in the Appendix.
[Ord. 2002-02, 2/7/2002; as amended by Ord. 2008-01, 10/20/2008]
1. When a stormwater management plan is required as part of a subdivision
and/or land development plan, the stormwater management plan will
be an integral part of the subdivision and/or land development plan,
and those plan processing procedures, as outlined in this chapter,
shall apply. The procedures set forth in this section shall be adhered
to for regulated activities identified as major land disturbances,
which require the submittal of a stormwater management plan.
A. An application for consideration of a stormwater management plan
and four copies of the stormwater management plan, calculations and
report shall be submitted to the Township.
B. The Township shall submit a copy of the complete plan submission
to the Township Planning Commission and the Township Engineer for
their respective reviews and recommendations.
C. All applications for approval of a plan shall be acted upon by the
Board of Supervisors, which shall render its decision and communicate
it to the applicant not later than 90 days following the date the
application is filed.
(1)
The decision of the Board of Supervisors shall be in writing
and shall be communicated to the developer personally or mailed to
him at his last known address not later than 15 days following the
decision.
(2)
When the application is not approved in terms as filed, 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 the ordinance(s) relied upon.
(3)
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 prescribed manner of presentation
or communication of the decision; in which case, failure to meet the
extended time or change in manner of presentation or communication
shall have like effect.
(4)
Approval of a stormwater management plan by the Township shall be obtained by the applicant/developer prior to the issuance of a zoning permit by the Township. No construction of stormwater management facilities may begin until proof of recording of the required ownership and maintenance program is presented and a zoning permit is obtained by the applicant in accordance with the Township Zoning Ordinance [Chapter
27], as amended.
2. The procedures set forth in this section shall be adhered to for
regulated activities identified as minor land disturbances, which
require the submittal of a stormwater management plan.
A. An application for consideration of a stormwater management plan and four copies of the stormwater management plan and supporting documentation required in § 408, Subsection
1, shall be submitted to the Township.
B. The Township may submit a copy of the complete plan submission to
the Township Engineer for review.
C. All applications for approval of a plan shall be acted upon by the
designated Township official, who shall render his/her decision and
communicate it to the applicant not later than 30 days following the
date the application is filed.
(1)
The decision of the designated Township official shall be in
writing and shall be communicated to the developer personally or mailed
to him at his last known address not later than 15 days following
the decision.
(2)
When the application is not approved in terms as filed, 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 the ordinance(s) relied upon.
(3)
Failure of the designated Township official 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 prescribed manner of presentation
or communication of the decision; in which case, failure to meet the
extended time or change in manner of presentation or communication
shall have like effect.
(4)
Approval of a stormwater management plan by the Township shall be obtained by the applicant/developer prior to the issuance of a zoning permit by the Township. No construction of stormwater management facilities may begin until proof of recording of the required ownership and maintenance program is presented and a zoning permit is obtained by the applicant in accordance with the Township Zoning Ordinance [Chapter
27], as amended.
3. Any regulated
activity that meets the following exemption criteria is exempt from
the part(s) of this Chapter as specified herein. However, the requirements
of the Chapter shall otherwise remain in effect. The criteria for
exemption in this Section apply to the total development proposed,
including instances in which the development is proposed to take place
in phases. February 7, 2002, shall be the starting point from which
future development and the respective proposed impervious surface
computations shall be cumulatively considered and regulated. Exemption
shall not relieve an applicant from implementing such measures as
necessary to meet the intent of this Chapter, or compliance with any
NPDES permit requirements.
[Added by Ord. 2012-1, 10/15/2012]
A. Lands
improved with existing structures may be exempted from the requirements
of this Chapter for an additional 500 square feet of impervious surface,
initially or cumulatively from the effective date of February 7, 2002,
in all zones, provided that flows from the site after development
leave the site in the same manner as the predevelopment condition;
B. Activities
on lands which have an approved stormwater management plan which was
approved prior to the adoption of this Chapter and which, in the opinion
of the Township, adequately manages stormwater flows resulting from
the proposed activities are exempt from the requirements of this Chapter;
C. Agricultural
activity is exempt from the rate control and SWM plan preparation
requirements of this Chapter, provided the activities are performed
according to the requirements of 25 Pa. Code Chapter 102; and
D. Forest
management and timber operations are exempt from the rate control
and SWM plan preparation requirements of this Chapter, provided the
activities are performed according to the requirements of 25 Pa. Code
Chapter 102.