[Ord. 2011-03, 6/27/2011, § 22-101]
The Board of Supervisors of Penn Township, pursuant to the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended and reenacted
by Act 170 of 1988, 53 P.S. § 10101 et seq., and as subsequently
amended, hereby enacts and ordains the following chapter governing
subdivisions and land developments within the limits of Penn Township,
Lancaster County, Pennsylvania.
[Ord. 2011-03, 6/27/2011, § 22-102]
This chapter shall be known and may be cited as the "Penn Township
Subdivision and Land Development Ordinance of 2011."
[Ord. 2011-03, 6/27/2011, § 22-103]
1.
This chapter is adopted for the following purposes:
A.
To promote and protect the public health, safety, morals and welfare.
B.
To promote orderly, efficient, integrated and harmonious development
in the Township.
C.
To require sites suitable for building purposes and human habitation
in keeping with the standards of quality existing in the Township
and to alleviate peril from fire, flood, soil erosion, excessive noise,
smoke or other menace.
D.
To coordinate proposed streets and other improvements with existing
or proposed streets, parks or other features of any applicable Township
comprehensive plan and to provide for stormwater management facilities,
water supply, sewage disposal and other appropriate utility services.
E.
To encourage excellence in the design and maintenance of open spaces
for recreation, light and air, and the preservation and conservation
of the natural amenities characteristic of the Township and its residential,
commercial, industrial and public areas.
F.
To secure the protection of water resources and watercourses.
G.
To ensure that developments are environmentally sound, by requiring
preservation of the natural and historically significant features
of the areas to be developed to the greatest extent practicable, to
maintain the economic well being of the Township, and to prevent blight,
runoff and pollution.
H.
To ensure conformance of subdivision and land development plans with the Manheim Central Region Comprehensive Plan 2010, with the Township Zoning Ordinance [Chapter 27], and with public improvement plans, and to ensure coordination of intergovernmental improvement plans and programs.
I.
To promote excellence in the planning and design of buildings, streetscapes,
parks, and other components of the public realm.
J.
To secure equitable treatment of all subdivision and land development
plans by providing uniform procedures and standards.
K.
To establish provisions governing the standards by which streets
shall be designed and improved, and walkways, curbs, street lights,
fire hydrants, water and sewage facilities and other improvements
shall be installed as a condition precedent to final approval of plans.
[Ord. 2011-03, 6/27/2011, § 22-104]
Subject to the provisions of § 22-106 of this chapter, no subdivision or land development of any lot shall be made, and no street, sanitary sewer, stormwater management facility, water main, or other improvement or facilities in connection therewith shall be laid out, constructed, installed, opened or dedicated for public use or travel, or for the common use of the occupants of buildings abutting thereon, except in accordance with the provisions of this chapter.
[Ord. 2011-03, 6/27/2011, § 22-105]
1.
Review by the Township Planning Commission. In order that the actions
of the Board of Supervisors under this chapter may be correlated with
all relevant dates and procedures, the Board of Supervisors hereby
designates the Township Planning Commission as the agency of the Township:
A.
To which all applications relating to pre-application review and
site analysis studies of subdivision and land development plans shall
be reviewed for comment.
B.
To which all applications relating to either preliminary or final
approval of subdivision and land development plans shall be submitted.
C.
Which shall make recommendations to the Board of Supervisors concerning
approval, disapproval, modification and conditions of approval of
such plans.
D.
Which shall make recommendations to the Board of Supervisors concerning
the interpretation of and the granting of modifications to provisions
and standards of this chapter.
2.
Review by the County Planning Commission. Plans for subdivisions
and land developments located within the Township shall be submitted
to the County Planning Commission for review and report. Said submission
shall take place before approval of any plans by the Board of Supervisors.
However, if a report is not received from the County Planning Commission
within 30 days after submission, the Board of Supervisors may proceed
without the report.
3.
Approval by Board of Supervisors. The Board of Supervisors shall
have jurisdiction to finally approve or disapprove subdivision and
land development applications. Action by the Board of Supervisors
shall be taken in accordance with the requirements of the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
[Ord. 2011-03, 6/27/2011, § 22-106]
1.
Changes in this chapter, the Township Zoning Ordinance [Chapter 27], and any other governing ordinance or plan shall affect plans as follows:
A.
From the time an application for approval of a plan, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of this chapter, the Township Zoning Ordinance [Chapter 27], or any other governing ordinance or plan shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary plan application has been duly approved, the applicant shall be entitled to final plan approval in accordance with the terms of the approved preliminary plan application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
B.
When an application for approval of a plan, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in this chapter, the Township Zoning Ordinance [Chapter 27], or any other governing complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
C.
Where final plan approval is preceded by preliminary plan approval,
the aforesaid five-year period shall be counted from the date of the
preliminary plan approval. In the case of any doubt as to the terms
of a preliminary plan approval, the terms shall be construed in the
light of the provisions of the governing ordinances or plans as they
stood at the time when the application for such approval was duly
filed.
D.
Where the landowner has substantially completed the required improvements
as depicted upon the final plan within the aforesaid five-year limit,
or any extension thereof as may be granted by the Board of Supervisors,
no change of any governing ordinance or plan enacted subsequent to
the date of filing of the preliminary plan application shall modify
or revoke any aspect of the approved final plan pertaining to zoning
classification or density, lot, building, street or utility location.
E.
In the case of a preliminary plan calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plan application delineating
all proposed sections as well as deadlines within which applications
for final plan approval of each section are intended to be filed.
Such schedule shall be updated annually by the applicant on or before
the anniversary of the preliminary plan approval, until final plan
approval of the final section has been granted and any modification
in the aforesaid schedule shall be subject to approval of the Board
of Supervisors in its discretion.
F.
Provided the landowner has not defaulted with regard to or violated
any of the conditions of the preliminary plan approval, including
compliance with landowner's aforesaid schedule of submission
of final plan applications for the various sections, then the aforesaid
protections afforded by substantially completing the improvements
depicted upon the final plan within five years shall apply, and for
any section or sections, beyond the initial section, in which the
required improvements have not been substantially completed within
said five-year period, the aforesaid protections shall apply for an
additional term or terms of three years from the date of final plan
approval for each section.
G.
Failure of landowner to adhere to the aforesaid schedule of submission of final plan applications for the various sections shall subject any such section to any and all changes in this chapter, the Township Zoning Ordinance [Chapter 27] and all other governing ordinances enacted by the Board of Supervisors subsequent to the date of the initial preliminary plan application.
