For the purpose of this chapter, the following classifications
of plans are established: (Note: Appendix 15 outlines the plan processing
procedures.[1])
[1]
Editor's Note: Appendix 15 is included as an attachment
to this chapter.
[Amended 8-10-1998 by Ord. No. 98-7]
Prior to the filing of a subdivision or land development plan
for review and approval, applicants are invited 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
Township ordinances. Such sketch plans will be considered as submitted
for informal discussion between the applicant and the Planning Commission.
A.
Application requirements. Sketch plans shall be submitted to the
Township Codes Enforcement Office 30 days prior to the regularly scheduled
Planning Commission meeting at which consideration is desired and
shall include the following:
(1)
Appropriate filing fee.
(2)
Eight copies of the sketch plan on sheets 22 inches by 34 inches.
[Amended 1-25-2016 by Ord. No. 2016-1]
(a)
Digital copy of plan. In addition to the twenty-four-inch-by-thirty-six-inch
plan sheets, the applicant shall also submit a computer-readable file
in the form specified by the Township, which shall provide a true
and complete display of the plan including all information contained
on the twenty-four-inch-by-thirty-six-inch plan sheets, except for
the surveyor's seal or signature. The complete-readable file
shall be submitted at the same time the plan is submitted to the Township.
The digitized complete readable file shall be resubmitted containing
all amendments or amended plans at the same time that these amendments
and amended plans are submitted to the Township.
(3)
Three copies of the Township application form to permit adequate
distribution and review by the Planning Commission.
B.
Preapplication meeting.
(1)
The purpose of the preapplication meeting is to foster informal plan
review between the applicant and the Township, reduce subdivision
site plan design and development costs for the applicant and expedite
the Township's review and approval process.
(2)
Generally, an informal review will be scheduled for the next meeting
of the Township Planning Commission after plan submission.
(3)
Due to the informal nature of the preapplication meeting, the applicant
or the Township shall not be bound by the determination of the preapplication
meeting.
C.
Other plan considerations.
(1)
Prior to preparation of any plans, the applicant should consult:
(a)
York County Conservation District representative concerning
requirements for erosion and sedimentation control.
(b)
Codes Enforcement Officer concerning applicable zoning requirements
such as minimum building setback requirements, performance standards,
off-street parking, etc.
(c)
Capital City Airport/PA Bureau of Aviation concerning height
and other restrictions, if applicable.
(d)
Department of Environmental Protection (DEP) concerning sewage
model requirements, if applicable.
[Amended 8-10-1998 by Ord. No. 98-7; 7-26-2004 by Ord. No. 2004-4]
With exceptions specifically noted in this chapter, a preliminary
plan is required for applications which propose new streets or access
easements, all land development plans and subdivisions plans of five
or more lots.
A.
Application requirements. Preliminary plans shall be submitted to
the Township Codes Enforcement Officer 30 days prior to the regularly
scheduled Planning Commission meeting at which consideration is desired
and shall include the following:
(1)
Appropriate filing fees and 15 copies and one Mylar of the preliminary
plan of the subdivision or land development prepared by a registered
surveyor or engineer on sheets 22 inches by 34 inches, clearly labeled
"PRELIMINARY PLAN" and required data and maps.
[Amended 1-25-2016 by Ord. No. 2016-1]
(a)
Digital copy of plan. In addition to the twenty-two-inch-by-thirty-four-inch
plan sheets, the applicant shall also submit a computer-readable file
in the form specified by the Township which shall provide a true and
complete display of the plan including all information contained on
the twenty-two-inch-by-thirty-four-inch plan sheets except for the
surveyor's seal or signature. The complete readable file shall
be submitted at the same time the plan is submitted to the Township.
The digitized complete readable file shall be resubmitted containing
all amendments or amended plans at the same time that these amendments
and amended plans are submitted to the Township.
(2)
Three copies of a sewage planning module for land development, if
applicable.
(4)
York County Planning Commission filing fee, if applicable.
(5)
Notification signed by the Codes Enforcement Officer that the plan
proposal is generally in conformance with applicable zoning requirements,
and that if any zoning variance, special exception or conditional
use is required that such approval has been granted or the status
of any such application which has not been granted. A copy of the
Township decision, including all conditions imposed, shall be submitted
as part of any preliminary plan application.
B.
Application distribution. Upon filing of the preliminary plan, the
Codes Enforcement Officer shall, within seven working days, forward
one copy of the preliminary plan and supporting documentation to:
(1)
The York County Planning Commission along with the appropriate review
fee.
(2)
The Township Engineer.
(3)
As appropriate, the York County Conservation District, fire departments,
affected utilities, school district, emergency response agencies and
other public agencies for review and report to the Township.
C.
Official filing date. The Board of Supervisors shall act on the preliminary
plan not later than 90 days following the date of the next regular
meeting of the Planning Commission following the date the application
is filed. Should the next regular meeting of the Planning Commission
occur more than 30 days following the date the application is filed,
said ninety-day period shall be measured from the 30th day following
the day the application was filed.
D.
Modifications noted with application. In the event that any modification of requirements from this chapter is requested by the applicant or is deemed necessary for approval in accordance with § 260-11, the modification, the provision(s) involved, hardship upon which the requirement is based and the minimum modification necessary shall be entered into the records of the Planning Commission at preliminary plan review.
E.
Plan requirements. All preliminary plans shall be prepared in conformance with the provisions of Article IV, Plan Specifications, of this chapter and any other applicable requirements of law.
F.
Review by York County Planning Commission. The York County Planning
Commission shall review the preliminary plan and data and shall return
a copy of a written report indicating their recommendations to the
Board of Supervisors within 30 days from the date the plan was forwarded
to the County or forfeit their right to review. No formal action shall
be taken by the Board of Supervisors with respect to the preliminary
plan until the county report is received or until the expiration of
30 days from the date the application was forwarded to the county.
G.
Review by the Township Engineer. The Township Engineer shall review
the plan and supporting documentation and submit a report to the Planning
Commission at its next regularly scheduled meeting.
H.
Review by the Township Planning Commission.
(1)
The Township Planning Commission shall review and make recommendations
on the preliminary plan following the submission of the written review
and recommendations of the Township Engineer and the York County Planning
Commission no later than its second regularly scheduled meeting following
the formal filing of the plan and shall:
(2)
Following the completion of the review by the Planning Commission,
the Commission shall submit a copy of its review and recommendations
in writing to the Board of Supervisors for its consideration.
I.
Review by the Board of Supervisors. The Board of Supervisors shall
review the preliminary plan at its next regularly scheduled public
meeting following the submission of the written review and recommendations
of the Township Planning Commission, Township Engineer and County
Planning Commission, or at some other public meeting or meetings of
the Board prior to the end of the statutory ninety-day review period,
unless the applicant has been granted a time extension.
J.
Extension of statutory review period. The statutory review period
for the disposition of any preliminary plan may be extended for any
reason if an agreement in writing to such an extension is received
from the applicant prior to the public meeting at which action is
to be taken (see Appendix 2, Time Extension Agreement).[2]
[2]
Editor's Note: Appendix 2 is included as an attachment
to this chapter.
K.
Action by the Board of Supervisors.
(1)
Upon completion of the its review, the Board shall determine whether
the plan shall be approved, approved with conditions acceptable to
the applicant, or disapproved.
(a)
The decision shall be made 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.
(b)
If the plan is approved with conditions, the applicant shall
respond to the Board of Supervisors indicating acceptance or rejection
of such conditions. Such response shall be made in writing, signed
by the applicant and received by the Township Codes Enforcement Officer
within 10 calendar days of receipt by the applicant of the Board of
Supervisors decision to approve the plan with conditions. Approval
of the plan shall be rescinded automatically upon the applicant's
failure to accept or reject such conditions in the manner and within
the time frame noted above.
(2)
Approval of the preliminary plan constitutes approval of the proposed
subdivision or land development with respect to the general design,
the approximate dimensions and other planned features. Preliminary
plan 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. The preliminary plan shall not be recorded
in the Office of the York County Recorder of Deeds.
(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 applicant 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 (see Appendix 2, Time Extension Agreement[3]).
[3]
Editor's Note: Appendix 2 is included as an attachment
to this chapter.
[Amended 8-10-1998 by Ord. No. 98-7; 7-26-2004 by Ord. No. 2004-4]
A.
Application submission.
(1)
The applicant shall not later than five years after the date of approval of the preliminary plan by the Board of Supervisors, file with the Codes Enforcement Officer a final plan. Such filing shall include, as part of the formal submission, all material and other ancillary data required under the final plan specifications as listed in Article IV, § 260-15, of this chapter. Failure to comply with this time limitation shall make the approval of the preliminary plan null and void unless an extension of time is requested by the applicant and for good cause granted by the Board of Supervisors.
(2)
The final plan shall incorporate all the changes and modifications
required by the Board of Supervisors; otherwise, it shall conform
to the approved preliminary plan, and it 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 requirements of this chapter and the phasing requirements
of the MPC, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Application requirements. Final plans shall be submitted to the Township
Codes Enforcement Officer 30 days prior to the regularly scheduled
Planning Commission meeting at which consideration is desired and
shall include the following:
(1)
Appropriate filing fees and 15 copies and one Mylar of the final
plan of the subdivision or land development prepared by a registered
surveyor or engineer on sheets 22 inches by 34 inches clearly labeled
"FINAL PLAN" and required data and maps.
[Amended 1-25-2016 by Ord. No. 2016-1]
(a)
Digital copy of plan. In addition to the twenty-two-inch-by-thirty-four-inch
plan sheets, the applicant shall also submit a computer-readable file
in the form specified by the Township which shall provide a true and
complete display of the plan including all information contained on
the twenty-two-inch-by-thirty-four-inch plan sheets except for the
surveyor's seal or signature. The complete readable file shall
be submitted at the same time the plan is submitted to the Township.
The digitized complete readable file shall be resubmitted containing
all amendments or amended plans at the same time that these amendments
and amended plans are submitted to the Township.
(2)
Three copies of an approved sewage planning module for land development,
if applicable.
(4)
York County Planning Commission filing fee, if applicable.
C.
Application distribution. Upon receipt of the final plan, the Codes
Enforcement Officer shall, within seven working days, forward one
copy of the final plan and supporting documentation to:
(1)
The York County Planning Commission, along with the appropriate review
fee.
(2)
The Township Engineer.
(3)
As appropriate, the York County Conservation District, fire departments,
affected utilities, school district, emergency response agencies and
other public agencies for review and report to the Township.
D.
Official filing date. The Board of Supervisors shall act on any such
final plan and communicate their decision to the applicant not later
than 90 days following the date of the regular meeting of the Planning
Commission following the date the application is filed. Should the
next regular meeting of the Planning Commission occur more than 30
days following the submission of the plan and appropriate forms and
fees with the Codes Enforcement Officer, the official filing date
shall be noted at the 30th day following submission.
E.
Plan requirements. All final plans shall be prepared in conformance with the provisions of Article IV, Plan Specifications, of this chapter and any other applicable requirements of law.
F.
Review by York County Planning Commission. The York County Planning
Commission shall review the final plan and data and shall return a
copy of a written report indicating their recommendations to the Board
of Supervisors within 30 days from the date the plan was forwarded
to the county or forfeit their right to review. No formal action shall
be taken by the Board of Supervisors with respect to the final plan
until the county report is received or until the expiration of 30
days form the date the application was forwarded to the county.
G.
Review by the Township Engineer. The Township Engineer shall review
the plan and supporting documentation and submit a report to the Planning
Commission at its next regularly scheduled meeting.
H.
Review by the Township Planning Commission.
(1)
The Township Planning Commission shall review and make recommendations
on the final plan following the submission of the written review and
recommendations of the Township Engineer and the York County Planning
Commission no later than its second regularly scheduled meeting after
the formal filing of the plan and shall:
(2)
Following the completion of the review by the Planning Commission,
the Commission shall submit a copy of its review and recommendations
in writing to the Board of Supervisors for its consideration.
I.
Review by the Board of Supervisors. The Board of Supervisors shall
review the final plan at its next regularly scheduled public meeting
following the submission of the written review and recommendations
of the Township Planning Commission, Township Engineer and County
Planning Commission, or at some other public meeting or meetings of
the Board prior to the end of the statutory ninety-day review period.
J.
Extension of statutory review period. The statutory review period
for the disposition of any final plan may be extended for any reason
if an agreement in writing to such an extension is received from the
applicant prior to the public meeting at which action is to be taken
(see Appendix 2, Time Extension Agreement[3]).
[3]
Editor's Note: Appendix 2 is included as an attachment
to this chapter.
K.
Action by the Board of Supervisors.
(1)
Upon completion of its review, the Board shall determine whether
the plan shall be approved, approved with conditions acceptable to
the applicant, or disapproved.
(a)
The decision shall be made 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.
(b)
If the plan is approved with conditions, the applicant shall
respond to the Board of Supervisors indicating acceptance or rejection
of such conditions. Such response shall be made in writing, signed
by the applicant, and received by the Township Codes Enforcement Officer
within 10 calendar days of receipt by the applicant of the Board of
Supervisors decision to approve the plan with conditions. Approval
of the plan shall be rescinded automatically upon the applicant's
failure to accept or reject such conditions in the manner and within
the time frame noted above.
L.
No changes, erasures, modifications or revisions shall be made on
any final plan or a subdivision or land development after approval
has been given by the Board of Supervisors, and endorsed in writing
on the plan, unless the plan is first resubmitted to the Board of
Supervisors.
M.
Within 90 days after the date of approval of a final plan by the
Board of Supervisors, and upon all conditions being met, the Township's
assigned personnel shall record the approved subdivision or land development
plan in the Office of the Recorder of Deeds of York County, retain
the signed Mylar and a copy for the Township records.
N.
Whenever plan approval by the Board of Supervisors is required, the
York County Recorded of Deeds shall not accept any plan for recording
unless such plan officially notes the approval of the Board of Supervisors
and review by the York County Planning Commission.
O.
Substantially complete. Failure to substantially complete or begin
construction of public improvements (as herein said term includes,
but is not limited to, streets, curbs, sidewalks, sanitary sewage
systems, storm drains, gutters, fire hydrants, streetlights, street
signs, street trees and any other improvements required by this chapter)
as shown on the approved final plan within five years after approval
shall make the final plan null and void, unless an extension of time
is requested by the applicant and, for good cause, is granted by the
Board of Supervisors.
A.
Minor subdivision plan.
(1)
No preliminary plan shall be required in cases where a proposed subdivision
involves five or fewer lots or where land is being transferred to
be combined with an existing lot if each of the following conditions
is met:
(a)
For the purpose of this section, the tract of land being subdivided
on or after July 5, 2004, shall be considered as one parent tract.
(b)
The application is not a land development plan.
(c)
The lots are subdivided on an existing street and no new streets
are proposed.
(d)
No extensions to existing public utilities are proposed.
(e)
Installation of public infrastructure improvements is not proposed
by the applicant or required by this chapter.
B.
Minor land development plan.
(1)
Land developments which involve a single, nonresidential structure on a previously approved and recorded lot or, the provision of a second principal building on a tract or parcel which currently contains a single principal building, or development of a single tract or parcel of land which involves a single building containing not more than four units of occupancy, may be submitted as final plans in accordance with § 260-11, Final plan procedures, and § 260-15, Final plan specifications.
C.
Resubdivision.
(1)
Where, for any valid reason, it becomes necessary to adjust or make minor changes in the lot lines of an approved subdivision plan, it shall not be necessary to submit a preliminary plan. In every case, however, a final plan in accordance with § 260-11 must be prepared for approval by the Board of Supervisors and recorded. Such resubdivisions are permitted if:
D.
Lot add-on plan. A plan which proposes to alter the location of the lot lines between existing lots of separate ownership for the sole purpose of increasing lot area between existing lots (through lease, conveyance, sale or transfer) shall comply with the lot add-on application requirements; provided, that the proposal does not create additional lots, or result in a nonconformity with the design standards found in Article VI of this chapter.
(1)
Lot add-on plans shall only be permitted when:
(a)
No lot or tract of land is created which is smaller than the
minimum nor larger than the maximum lot size permitted by the applicable
zoning district.
(b)
Drainage easements or rights-of-way are not altered.
(c)
Access to the affected parcels is not changed.
(d)
Street alignments are not changed.
(e)
No new lots are created.
(3)
Recording. The Township or assigned personnel shall record the approved
lot add-on plan in the Office of the Recorder of Deeds of York County,
retain the signed Mylar and a copy for the Township records and return
remaining recorded copies to the applicant with the plan book and
page numbers indicated on the plan. The lot add-on plans shall be
filed with the York County Recorder of Deeds prior to the execution
of a deed for land.[1]
[1]
Editor's Note: Original § 22-306 of the 1991
Code of Ordinances, which immediately followed this section, as amended
10-11-2000 by Ord. No. 2000-6; was repealed 7-26-2004 by Ord. No.
2004-4.
