All subdivisions and land developments shall comply with the
following general standards:
A. Land subject to flooding, wetlands, or other land which is unsuitable
for development shall not be separately subdivided from a tract unless
such land shall be designed as a recreation area, nature preserve,
common open space or other use which will not lead to development
of the area in a manner prohibited by any applicable regulations.
Such land may be included within the limits of lots that contain sufficient
buildable area in accordance with the requirements of applicable standards
as yard area, landscaping, and other areas which shall not be improved
with structures or impervious surfaces.
B. Future rights-of-way (i.e., rights-of-way reserved for future street
improvements) shall be designed in conformance with the design requirements
of a street, and the contiguous parcels must contain proper setbacks
and sight distances. The area within the future right-of-way shall
be included within the deeds to the abutting lots with an easement
in favor of the Borough and landowners of the land into which the
future right-of-way will extend to permit the use of the future right-of-way
for public street purposes should the adjoining lands be developed.
The landowners of the lots in which the future right-of-way is included
shall have the duty to maintain the area included within the future
right-of-way, and this duty shall be indicated in a note on the final
plan and in all deeds to such lots. The landowners of the lots in
which the future right-of-way is included shall have no obligation
concerning the improvement of such future right-of-way for street
purposes.
C. Compliance with zoning decisions required.
(1) Whenever Chapter
270, Zoning, provides that the use proposed by the applicant for subdivision or land development approval shall constitute a use by special exception or conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or Council, as applicable, prior to the submission of the preliminary plan; however, a developer may submit an informal sketch plan for comment by Borough staff, consultants, and the Commission concurrently with an application for special exceptional or conditional use approval.
(2) Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of Chapter
270, Zoning, the applicant shall obtain such variance from the Zoning Hearing Board prior to the submission of a formal subdivision and/or land development plan; however, a developer may submit an informal sketch plan for comment by Borough staff, consultants, and the Commission concurrently with an application for variance approval.
(3) The submission of a formal subdivision and/or land development plan
shall be designed and developed in accordance with any conditions
which have been imposed upon the grant of such variance, special exception
or conditional use by the Zoning Hearing Board or Council, as applicable.
D. Compliance with prior plans required. Whenever all or a portion of
the land contained within an application for subdivision or land development
approval constitutes all or a portion of land included in a prior
subdivision or land development plan approved by the Borough and recorded
in the Office of the Recorder of Deeds in and for Lancaster County,
Pennsylvania, the plan shall comply with all conditions, restrictions
and notes imposed on the prior approval and/or included upon the recorded
subdivision or land development plan. The applicant shall identify
all prior recorded subdivision and/or land development plans of which
all or a portion of the land contained in the plan was a part and
all conditions, restrictions and notes which affect the current application.
Failure to identify all applicable conditions, restrictions and notes
of record on prior plans constitutes a violation of this chapter.
The applicant shall submit with the application for preliminary plan
approval a statement identifying the prior plans reviewed; the conditions,
restrictions and notes which would impact development in accordance
with the plan for which approval has been requested; and an explanation
of the manner in which the proposed plan has been designed to comply
with such conditions, restrictions and notes. This information shall
be signed by the applicant or the applicant's engineer or landscape
architect.