[Ord. 663, 6/20/1985, § 301]
Whenever a subdivision or land development is desired to be
effected in the Borough of Elizabethtown, Lancaster County, Pennsylvania,
a plan of the layout of such proposal shall be prepared, filed and
processed with the Borough Planning Commission and Borough Council
in compliance with the requirements of this Chapter.
[Ord. 663, 6/20/1985, § 302]
1.
Prior to the filing of a subdivision or land development plan for
review and approval, the applicant is encouraged to submit a sketch
plan to the Planning Commission for advice on the requirements necessary
to achieve conformity with the standards of this and other applicable
Borough ordinances, as well as, to alert the applicant to other factors
which must be considered in the design of the subdivision or land
development.
2.
The plan shall be clearly labeled "SKETCH PLAN" and should include
sufficient information to clearly indicate the character and extent
of the proposed subdivision or land development and its relationship
to existing conditions and facilities within the area in which it
is to be located. It is recommended that sketch plan submissions include
a map covering sufficient area to establish the location of the site
and an informal plan of any existing or proposed streets, buildings,
lot arrangement, utilities, significant natural features and other
elements within the subdivision or land development including topographic
contours.
3.
At this stage, the Commission shall assist the applicant in determining
whether or not the site is located in an identified flood hazard area,
in which case, applicable floodplain management regulations shall
be complied with. The applicant shall also be advised of the accessibility
of public sewerage and public water to the development site.
4.
Such discussions and sketch plan review will be considered as confidential
between the developer and Commission. Submission of a sketch plan
shall not constitute formal filing of a plan with the Commission.
[Ord. 663, 6/20/1985, § 303; as amended by Ord.
829, 11/15/2001; and by Ord. 897, 7/17/2008]
A preliminary plan is required for applications which propose
new streets, all land development plans, and subdivision plans of
seven or more lots. All other plans may be submitted as final plans
as required herein.
A.
Submission of Preliminary Plan.
(1)
The applicant, at least 14 calendar days prior to the meeting
of the Planning Commission at which consideration is desired, shall
file with the Borough Manager nine paper copies and one electronic
copy of the preliminary plan containing the data required by this
chapter.
(2)
In addition to filing with the Borough Planning Commission,
the applicant shall concurrently submit such plans to the Lancaster
County Planning Commission for review and report and to the Borough
Engineer for review and comment. The Planning Commission will not
make a recommendation and the Borough Council will not act on the
preliminary plan until the County report is received or until the
time period for receiving such report has expired.
B.
C.
Review of the Preliminary Plan.
(1)
At their next regularly scheduled meeting, the Planning Commission
shall review the plan content in respect to completeness. If the plan
submission is found to be complete in accordance with the requirements
of this Chapter, the submission shall be accepted with said acceptance
to constitute official plan filing by the applicant as of that meeting
date, and the Commission may proceed with plan review.
(2)
If the plan documentation is found to be incomplete in respect
to the requirements of this Chapter, the Planning Commission shall
suspend review and the plan shall not be considered as being officially
filed. Within five business days thereafter, the applicant shall be
notified of the additional information required.
(3)
The Planning Commission shall review the preliminary plan to
determine its conformance with the standards contained in this Chapter
and other applicable Borough ordinances, and shall require or recommend
such changes and modifications as it deems necessary.
(4)
Act or recommendation of the Planning Commission which involves
engineering consideration shall be subject to review and comment by
the Borough Engineer, which shall be incorporated and separately set
forth with the analysis and recommendations of the Commission to the
Borough Council.
D.
Planning Commission Action. The Planning Commission shall render
a decision on the preliminary plan within 60 days after the plan filing
date and submit copies of the plan documents and their recommendations
to the Borough Council for action.
E.
Borough Council Action. The Borough Council will act upon preliminary
plans and render decisions within the time limits and in the manner
required by the MPC.
F.
Preliminary Approval.
(1)
Approval of the preliminary plan constitutes approval of the
proposed subdivision of land development in respect to the general
design, the approximate dimensions, and other planned features. Preliminary
approval binds the developer to the general scheme of the plan as
approved. Preliminary approval does not authorize the recording, sale
or transfer of lots or the installation of improvements.
(2)
Preliminary approval shall expire within five years after being
granted unless, due to extenuating circumstances an extension is requested
by the applicant and approved by the Borough Council. Requests for
extensions shall be submitted to the Borough Manager 30 days prior
to any prevailing expiration date.
(3)
Following preliminary plan approval, the applicant shall submit
to the Borough Office two final paper copies and one final electronic
copy of the approved preliminary plan documenting any and all revisions.
[Ord. 663, 6/20/1985, § 304; as amended by Ord.
829, 11/15/2001; and by Ord. 897, 7/17/2008]
The following procedure shall be followed in the submission
and processing of final plans for proposed subdivisions and land developments.
A.
Submission of the Final Plan.
(1)
The applicant shall, not later than five years after the date
of approval of the preliminary plan, submit nine paper copies and
one electronic copy of the required final plan documentation to the
Borough Manager at least 14 calendar days prior to the meeting of
the Planning Commission at which consideration is desired. Such documentation
shall include all specifications and data required under this Chapter.
(2)
In addition to filing with the Borough Planning Commission,
the applicant shall concurrently submit such plans to the Lancaster
County Planning Commission for review and report and to the Borough
Engineer for review and comment; provided, however, that if the procedures
of the Lancaster County Planning Commission require any certification
from the Borough as part of this submission, the applicant may submit
such plan to the Lancaster County Planning Commission after receipt
of the certification from the Borough. The Planning Commission will
not make a recommendation and the Borough Council will not act on
the final plan until the County report is received or until the time
period for receiving such report has expired or until the Borough
has been provided with confirmation that the applicant has submitted
the plan to the Lancaster County Planning Commission if the applicant
requires a certification from the Borough and cannot submit the plan
concurrently to the Lancaster County Planning Commission.
(3)
All final plans shall be prepared in accordance with the provisions of Part 4 of this Chapter. Final plan submission may constitute only that portion of the approved preliminary plan which the applicant proposes to record and develop at the time, provided that such portion conforms with all of the requirements of this Chapter. In such cases, the applicant shall submit a tentative schedule for the development of the balance of the tract.
B.
Distribution. The final plan copies shall be distributed in the manner set forth in § 303B of this Part 3.
C.
Review of the final plan. The Borough Planning Commission shall review
the final plan in the same manner as set forth for review of preliminary
plans in § 303.
D.
Planning Commission action. The Planning Commission shall submit
its recommendations and copies of the final plan to Borough Council
for action within the time periods required by the MPC.
E.
Borough Council action. The Borough Council will act upon final plans
and render decisions within the time limits and in the manner required
by the MPC.
[Ord. 663, 6/20/1985, § 305; as amended by Ord.
897, 7/17/2008]
1.
Upon approval and certification of a final plan, the applicant shall
record the plan in the office of the Lancaster County Recorder of
Deeds. Should the applicant fail to record the final plan within 90
days of the Borough Council's final plan approval, the Council
action on the plan shall be null and void unless the Council grants
a waiver by extending the effective time period of the approval.
2.
The final plan shall be filed with the Lancaster County Recorder
of Deeds before proceeding with the sale of lots.
3.
The final plan shall be recorded with the Lancaster County Recorder of Deeds before proceeding with construction of any improvements and before issuance of any permits under the Zoning Ordinance [Chapter 27] or the Uniform Construction Code.
4.
No subdivision or land development plan may be recorded unless it
bears the endorsement of the Borough Planning Commission and Borough
Council.
5.
Recording of the final plan, after approval of the Borough Council,
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 Council
shall not impose any duty upon the Borough concerning maintenance
or improvement of any such dedicated street, or public use, until
the Council shall have accepted the same by ordinance or resolution.
6.
The developer may place a notation on the final plan to the effect
that there is no offer of dedication to the public of certain designated
uses, areas or streets, in which event the title to such areas shall
remain with the owner, and the Borough Council shall assume no responsibility
for improvements or maintenance thereof, which fact shall also be
noted on the final plan.
[Ord. 663, 6/20/1985, § 306]
In the case where six or fewer lots are proposed to be subdivided
from a tract of land, the Borough Council, in response to a written
request by the applicant, may waive the submission of a preliminary
plan provided such proposal abuts an existing street and no new streets
are involved. In such case, the applicant shall submit a final plan
as detailed in this Chapter.
[Ord. 663, 6/20/1985, § 307]
In the case where land is being transferred to be combined with
an adjacent parcel involving fewer than three principal structures,
for the sole purpose of increasing the lot size of an adjacent contiguous
lot, the Borough Council, in response to a written request by the
applicant, may waive the submission of a preliminary plan provided
such proposal abuts an existing street and no new streets are involved.
In such case, the applicant shall submit a final plan as detailed
in this Chapter.
[Ord. 663, 6/20/1985, § 308; as amended by Ord.
829, 11/15/2001]
1.
The Borough Council may grant a modification of the requirements
of one or more provisions of this Chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of this Chapter is observed.
2.
All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this
Chapter involved and the minimum modification necessary.
3.
The request for modification shall be referred to the Planning Commission
for advisory comments.
4.
The Borough Council shall keep a written record of all action on
all requests for modifications.
