Township of Penn, PA PLAN PROCESSING PROCEDURES

[Ord. 2011-03, 6/27/2011, § 22-301]

The purpose of the pre-application meeting or sketch plan review is to afford the applicant the opportunity to receive the advice and assistance of the Township staff. Such meeting or review shall be considered as confidential between the applicant and the Township staff.

Pre-Application Review Process. The Township strongly encourages proposals for possible development of sites into subdivisions of more than 20 lots, or that involve traditional neighborhood development (TNDs), the creation of new streets, or that involve plans for the development of retail and office structures, be discussed with the Township staff, and sketch plans be submitted for informal review prior to submission of preliminary plans. Submission of a sketch plan shall not constitute formal filing of a plan with the Township. However, the applicant may request, by letter, a formal review by the Planning Commission, in which case the Planning Commission shall take action, discuss the plan at a public meeting, and comment by letter. Generally, Township staff reviews will be scheduled within 15 consecutive days from the date of the receipt of the request by the Township Secretary. If the applicant requests a formal review of a sketch plan by the Planning Commission, the plan shall be reviewed at a public meeting within 90 days of the receipt of the request by the Township Secretary. Sketch plans should include those items listed in § 22-401 of this chapter.

§ 22-302 Preliminary Plan Application.

[Ord. 2011-03, 6/27/2011, § 22-302]

Preliminary Plan Application. With the exceptions noted in § 22-307 of this chapter, a preliminary plan is required for applications that propose new streets, all land development plans, and subdivision plans of 10 or more lots. All other plans may be submitted as final plans in accordance with § 22-303 of this chapter.

Preliminary plans may be filed at the Township Office on any business day.

In addition to submitting the required material in accordance with Subsection 2 of this section, the applicant shall file with the Township Secretary documentation that plans have been properly filed with the County Planning Commission. In the event the application is revised after initial submission, it shall be the responsibility of the applicant to submit the revised plans and support material to the County Planning Commission for further review.

A preliminary plan application shall be accompanied by all required plans and documents and the required filing fee. The Township Secretary shall have seven 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 of the information required by this chapter. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise, the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Township Secretary under this section to the Board of Supervisors in accordance with Part 9 of this chapter.

Application Requirements. All preliminary plan applications shall include the following:

One full set of the preliminary plans, with all accompanying forms, reports, notifications and certifications that are not otherwise included on the preliminary plan shall be filed at the Township Office.

One full set of the preliminary plans, with all accompanying forms, reports, notifications and certifications that are not otherwise included on the preliminary plans shall be filed at the office of the Township Engineer.

Additional preliminary plan sets, and/or components of the submission not otherwise included on the preliminary plans, shall be submitted if requested by the Township.

With each submission or resubmission of preliminary plans, all plan sheets and accompanying documents shall be submitted to the Township Office on a transportable digital/electronic medium. Digital or electronic files shall be in a standard, reproducible and printable format, for use by the Township. Costs incurred by the Township for printing and/or media duplication may be charged to the applicant.

Three copies of the application form (see Appendix 22-1).

Filing fee. (See current Township Fee Resolution or Ordinance).

Plan Requirements. All preliminary plans shall be prepared in conformance with the provisions of § 22-402 of this chapter.

Distribution. Once an application has been accepted as complete the Township Secretary shall distribute the copies to the appropriate Township staff and officials.

Review by the Township Staff. The Township staff shall review the application documents to determine if they are in compliance with this chapter, the Township Zoning Ordinance [Chapter 27], the Comprehensive Plan and any Township planning objectives and accepted planning standards. The Township staff shall provide comments and recommendations, including written findings when directed by the Board of Supervisors.

Planning Commission Review Process. The Planning Commission shall conduct reviews of plan submissions at the next scheduled meeting only if the plan and accompanying documents, including the digital or electronic version thereof, was filed in full at least: (A) Seven consecutive days prior to that meeting if such submission is subject to Subsection 6A below; or (B) Twenty-one consecutive days prior to that meeting where subject to Subsection 6B below.

At the first meeting of the Planning Commission, no action shall be taken for most applications. The plan shall be considered as a briefing item for general comments and introduction by the Township staff. The Planning Commission may elect to take action on any subdivision or land development if deemed to be in order and all review comments from the Township staff are available.

The Planning Commission may discuss the preliminary plan application with the developer or his agent at the next regular meeting and shall review the application to determine if it meets the standards set forth in this chapter. The preliminary plan shall then be submitted by the Planning Commission, together with its analysis and recommendations, including those of the Township staff, to the Board of Supervisors.

If an application is being processed under the LCPC Memorandum of Understanding, such applications may be exempt from this requirement.

Board of Supervisors Review Process. 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 the greater of the period of time required by the Municipalities Planning Code, 53 P.S. § 10101 et seq., or 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed; provided, that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed.

Plans shall be presented by the Township staff at the regular meeting of the Board of Supervisors following the first presentation of the plan to the Planning Commission. Following complete review of the Planning Commission, including its recommendations, the Board of Supervisors shall place the plan on its agenda for review and action.

The Board of Supervisors shall conduct reviews of plan submissions at the next scheduled meeting only if the plan and accompanying documents, including the digital or electronic version thereof, was filed in full at least 14 consecutive days prior to that meeting.

Notification of Board of Supervisors Action.

The Board of Supervisors shall render its decision in accordance with applicable requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq. The Board of Supervisors may approve the preliminary plan application, in whole or in part, or may approve the preliminary plan application subject to conditions, or may disapprove the preliminary plan application.

If the Board of Supervisors approves the preliminary plan application subject to conditions, the applicant shall either personally at a public meeting or in writing approve or reject such conditions within five days of receiving notice of such conditions. For purposes of this subsection, notice to a person presenting the application on behalf of the applicant whether such person is the applicant himself, a relative of the applicant, an officer of the applicant, an attorney, a land surveyor, a landscape architect, an engineer or otherwise, shall be considered notice to the applicant; and, such person presenting the application on behalf of the applicant shall be deemed to have authority to, on behalf of applicant, accept or reject such conditions. The applicant's failure to accept or reject such conditions within the five-day period shall be considered to be a rejection of the same and conditional approval by the Board of Supervisors shall be automatically revoked. The applicant shall be notified in writing within 10 days following the expiration of the five-day period of the application rejection; provided, however, that failure to notify the applicant of such application rejection shall not constitute a deemed approval.

If the application is disapproved, the Township shall notify the applicant, in writing, of the defects in the application and shall identify requirements, which have not been met, through citing the provisions of the statute or ordinance relied upon.

Compliance with Board of Supervisors Action. If the Board of Supervisors conditions its preliminary plan approval upon receipt of additional information, changes, or notifications, such data shall be submitted or plan alterations noted on two copies of the plan to be submitted to the Board of Supervisors for approval. Such data shall be submitted to the Board of Supervisors within 90 days of its conditioned approval, unless the Board of Supervisors grants a waiver by extending the effective time period.

10.

Board of Supervisors Approval and Certification. The Board of Supervisors will acknowledge the satisfactory compliance with all conditions, if any, of the preliminary plan approval at a regularly scheduled public meeting. Additionally, at the option of the applicant, after receipt of preliminary plan approval and compliance with all conditions of approval, a preliminary plan may be presented to the Board of Supervisors for acknowledgment through a formal statement on the plan (see Appendix 22-5).

11.

Effect of Preliminary Plan Approval. Approval of a preliminary plan application shall constitute approval of the proposed subdivision or land development as to the character and intensity of development and the general arrangement of streets, lots, structures, and other planned facilities, but shall not constitute final plan approval. The preliminary plan may not be recorded in the office of the Lancaster County Recorder of Deeds. The preliminary plan approval shall expire if the applicant does not file a final plan or improvement construction plan within one year after the date of unconditional preliminary plan approval.

§ 22-303 Final Plan Application.

[Ord. 2011-03, 6/27/2011, § 22-303]

Prerequisites to Filing Final Plan Application. An application for final plan approval can be submitted only after the following, when required as noted, have been completed:

The receipt of preliminary plan approval in accordance with § 22-302 of this chapter, where a preliminary plan approval is required.

The completion of the improvements required by this chapter in accordance with the improvement construction plan procedure stated in § 22-304 of this chapter, when the improvements are not intended to be assured by the posting of financial security as provided in Part 5 of this chapter.

Final Plan Applications.

Final plans may be filed with the Township on any business day.

In addition to submitting the required material in accordance with Subsection 3 of this section, the applicant shall file with the Township Secretary documentation that plans have been properly filed with the County Planning Commission. In the event the application is revised after initial submission, it shall be the responsibility of the applicant to submit the revised plans and support material to the County Planning Commission for further review.

The final plan may be submitted in sections, each section covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plan.

The Board of Supervisors may accept a final plan modified to reflect a change to the site or its surroundings, which occurs after the preliminary plan review. The Board of Supervisors shall determine whether a modified final plan shall be accepted or whether a new preliminary plan shall be submitted.

Application Requirements. All final plan applications shall include the following:

One full set of the final plans, with all accompanying forms, reports, notifications and certifications that are not otherwise included on the final plan shall be filed at the Township Office.

One full set of the final plans, with all accompanying forms, reports, notifications and certifications that are not otherwise included on the final plans shall be filed at the Office of the Township Engineer.

Additional final plan sets, and/or components of the submission not otherwise included on the final plans, shall be submitted if requested by the Township.

Three copies of the application form (see Appendix 22-1).

Filing fee. (See current Township Fee Resolution or Ordinance).

With each submission or resubmission of final plans, all plan sheets and accompanying documents shall be submitted to the Township Office on a transportable digital/electronic medium. Digital or electronic files shall be in a standard, reproducible and printable format, for use by the Township. Costs incurred by the Township for printing and/or media duplication may be charged to the applicant.

Plan Requirements. All final plans shall be prepared in conformance with the provisions of § 22-403 of this chapter.

Distribution.

A final plan application shall be accompanied by all required plans and documents and the required filing fee. The Township Secretary shall have seven 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 of the information required by this chapter. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal the decision by the Township Secretary under this section to the Board of Supervisors in accordance with Part 9 of this chapter.

Once an application has been accepted as complete the Township Secretary shall distribute the copies to the appropriate Township staff and officials.

Review by Township Staff. The Township staff shall review the application documents to determine if they are in compliance with this chapter, the Township Zoning Ordinance [Chapter 27], the Comprehensive Plan and any Township planning objectives and accepted planning standards. The Township staff shall provide comments and recommendations, including written findings when directed by the Board of Supervisors.

Planning Commission Review Process. The Planning Commission shall review plan submissions at the next scheduled meeting only if the plan and accompanying documents, including the digital or electronic version thereof, was filed in full at least 21 consecutive days prior to that meeting. The Planning Commission shall discuss the final plan application with the developer or his agent at a regular meeting and shall review the application to determine if it meets the standards set forth in this chapter. The final plan application shall then be submitted by the Planning Commission, together with its analysis and recommendations, including those of the Township staff, to the Board of Supervisors.

Board of Supervisors Review Process.

All applications for approval of a plan shall be acted upon by the Board of Supervisors which that shall render its decision and communicate it to the applicant not later than the greater of the period of time required by the Municipalities Planning Code, 53 P.S. § 10101 et seq., or 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed; provided, that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed.

Effect of Final Plan Approval. The applicant shall satisfy all conditions the Board of Supervisors imposed on approval of the final plan within 90 days from the date of the decision of the Board of Supervisors granting conditional final plan approval, unless the Board of Supervisors grants a waiver to extend this time period. Within this time period, the applicant shall meet all conditions of approval and present plans for execution on behalf of the Township in accordance with the procedure set forth in Subsections 11 and 12. At the time the applicant presents the final plan for execution on behalf of the Township, the applicant shall provide the Township with a copy of all sheets of the final plan to be recorded and all other portions of the final plan set in an electronic format acceptable to the Township Engineer for the Township's record.

10.

Notification of Board of Supervisors Action.

The Board of Supervisors shall render its decision in accordance with applicable requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq. The Board of Supervisors may approve the final plan application, in whole or in part, or may approve the final plan application subject to conditions, or may disapprove the final plan application.

If the Board of Supervisors approves the final plan application subject to conditions, the applicant shall either personally at a public meeting or in writing approve or reject such conditions within five days of receiving notice of such conditions. For purposes of this subsection, notice to a person presenting the application on behalf of the applicant whether such person is the applicant himself, a relative of the applicant, an officer of the applicant, an attorney, a land surveyor, a landscape architect, an engineer or otherwise, shall be notice to the applicant; and, such person presenting the application on behalf of the applicant shall be deemed to have authority to, on behalf of applicant, accept or reject such conditions. The applicant's failure to accept or reject such conditions within the five-day period shall be considered to be a rejection of the same and conditional approval by the Board of Supervisors shall be automatically revoked. The applicant shall be notified in writing within 10 days following the expiration of the five-day period of the application rejection; provided, however, that failure to notify the applicant of such application rejection shall not constitute a deemed approval.

11.

Compliance with Board of Supervisors Action. If the Board of Supervisors conditions its final plan approval upon receipt of additional information, changes, or notifications, such data shall be submitted or plan alterations noted on two copies of the plan to be submitted to the Board of Supervisors for approval. Such data shall be submitted to the Board of Supervisors within 90 days of its conditional approval, unless the Board of Supervisors grants a waiver by extending the effective time period.

12.

Final Plan Certification. After the Board of Supervisors' approval of the final plan and the required changes, if any, are made, the applicant shall proceed to prepare two sets of final plans that shall be transparent reproductions of the original plan with black line on stable plastic base film and one set of final plans that shall be a paper copy for the Township's files. The two transparent copies of the final plan shall be certified in the following manner: both final plans shall be presented to the Board of Supervisors for the signature of the Chairperson and the Vice-Chairperson or their designees (see Appendix 22-7). Final plans shall not be signed by the Board of Supervisors if submitted more than 90 days from the Board of Supervisors' final approval action unless the Board of Supervisors grants a waiver by extending the effective time period of the approval.

13.

Final Plan Recordation. Upon approval and certification of a final plan, the applicant shall record the plan in the office of the Lancaster County Recorder of Deeds, per the requirements of that office. Should the applicant fail to record the final plan within the time limitation established in § 513 of the Municipalities Planning Code, 53 P.S. § 10513, the Board of Supervisors' action on the plan shall be null and void unless the Board of Supervisors grants a waiver by extending the effective time period of the approval.

The final plan shall be filed with the Lancaster County Recorder of Deeds before proceeding with the sale of lots. Proof of such recording shall be provided to the Zoning Officer.

The final plan shall be filed with the Lancaster County Recorder of Deeds before proceeding with the construction of any improvement except as provided for in § 22-304 of this chapter.

No subdivision or land development plan may be recorded unless it bears the endorsement of the Board of Supervisors.

14.

Effect of Recording of Final Plan.

Recording the final plan after approval of the Board of Supervisors shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use. However, the approval of the Board of Supervisors shall not impose any duty upon the Commonwealth of Pennsylvania, Lancaster County, the sewer authority, the relevant water authority or the Township concerning acceptance, maintenance or improvement of any such dedicated areas or portion of same until the proper authorities of the Commonwealth of Pennsylvania, Lancaster County, the sewer authority, the relevant water authority or the Township actually accept same by ordinance or resolution, or by entry, use or improvement.

The landowner may place a notation on the final plan to the effect that there is no offer of dedication to the public of certain designated areas, in which event the title to such area shall remain with the landowner, and neither the Commonwealth of Pennsylvania, Lancaster County, the sewer authority, the relevant water authority, the Township, nor any other applicable authorities shall assume any right to accept ownership of such land or right-of-way.

§ 22-304 Improvement Construction Plan.

[Ord. 2011-03, 6/27/2011, § 22-304; as amended by Ord. 2014-03, 4/14/2014, § 1]

Improvement Construction Plan Application. After an applicant has received official notification that the preliminary plan has been approved and the required changes, if any, have been made, an application may be processed for an improvement construction plan.

Improvement construction plans may be filed with the Township on any business day; however, the Board of Supervisors shall review a plan at a particular meeting only if the plan was filed at least 14 consecutive days prior to that meeting.

The improvement construction plan may be submitted in sections, each section covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plan.

The Board of Supervisors may accept an improvement construction plan modified to reflect a change to the site or its surroundings, which occurs after the preliminary plan review. The Board of Supervisors shall determine whether a modified improvement construction plan shall be accepted or whether a new preliminary plan shall be submitted.

Application Requirements. All improvement construction plan applications shall include the following:

One full set of the improvement construction plans, with all accompanying forms, reports, notifications and certifications that are not otherwise included on the improvement construction plan shall be filed at the Township Office.

Additional improvement construction plan sets, and/or components of the submission not otherwise included on the improvement construction plans, shall be submitted if requested by the Township.

With each submission or resubmission of improvement construction plans, all plan sheets and accompanying documents shall be submitted to the Township Office on a transportable digital/electronic medium. Digital or electronic files shall be in a standard, reproducible and printable format, for use by the Township. Costs incurred by the Township for printing and/or media duplication may be charged to the applicant.

Three copies of the application form (see Appendix 22-1).

Filing fee. (See current Township Fee Resolution or Ordinance).

An improvement construction plan application shall be accompanied by all required plans and documents and the required filing fee. The Township Secretary shall have seven 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 of the information required by this chapter. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal the decision by the Township Secretary under this section to the Board of Supervisors in accordance with Part 9 of this chapter.

Plan Requirements. All improvement construction plans shall be prepared in conformance with the provisions of § 22-406 of this chapter.

Distribution. Once an application has been accepted as complete the Township Secretary shall distribute the copies to the appropriate Township staff and officials.

Planning Commission Review Process. In general, the Planning Commission shall schedule the improvement construction plan application for action at a regular meeting, which is at least 15 consecutive days following the filing of the application by the applicant. The Planning Commission shall discuss the improvement construction plan application with the developer or his agent at a regular meeting and shall review the application to determine if it meets the standards set forth in this chapter. The improvement construction plan application shall then be submitted by the Planning Commission, together with its analysis and recommendations, including those of the Township staff, to the Board of Supervisors.

Board of Supervisors Review Process.

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 the greater of the period of time required by the Municipalities Planning Code, 53 P.S. § 10101 et seq., or 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that, should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed.

Notification of Board of Supervisors Action.

The Board of Supervisors shall render its decision in accordance with applicable requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq. The Board of Supervisors may approve the improvement construction plan application, in whole or in part, or may approve the improvement construction plan application subject to conditions, or may disapprove the improvement construction plan application.

If the Board of Supervisors approves the improvement construction plan application subject to conditions, the applicant shall either personally at a public meeting or in writing approve or reject such conditions within five days of, either personally or in writing, receiving notice of such conditions. For purposes of this subsection, notice to a person presenting the application on behalf of the applicant whether such person is the applicant himself, a relative of the applicant, an officer of the applicant, an attorney, a land surveyor, a landscape architect, an engineer or otherwise, shall be notice to the applicant; and, such person presenting the application on behalf of the applicant shall be deemed to have authority to, on behalf of applicant, accept or reject such conditions. The applicant's failure to accept or reject such conditions within the five-day period shall be considered to be a rejection of the same and conditional approval by the Board of Supervisors shall be automatically revoked. The applicant shall be notified in writing within 10 days following the expiration of the five-day period of the application rejection; provided, however, that failure to notify the applicant of such application rejection shall not constitute a deemed approval.

Compliance with Board of Supervisors Action. If the Board of Supervisors conditions its improvement construction plan approval upon receipt of additional information, changes or notifications, such data shall be submitted or plan alterations noted on two copies of the plan to be submitted to the Board of Supervisors for approval. Such data shall be submitted to the Board of Supervisors within 90 days of its conditional approval, unless the Board of Supervisors grants a waiver by extending the effective time period.

10.

Improvement Construction Plan Certification and Construction Authorization. After the Board of Supervisors' approval of the improvement construction plan and the required changes, if any, are made, the applicant shall proceed to prepare two sets of plans that shall be transparent reproductions of the original plan with black line on stable plastic base film. These plans shall be certified in the following manner:

Both improvement construction plans shall be presented to the Board of Supervisors for the signature of the Chairperson and the Secretary or their designees (see Appendix 22-6). Improvement construction plans shall not be signed by the Board of Supervisors if submitted more than 90 days from the Board of Supervisors' approval action unless the Board of Supervisors grants a waiver by extending the effective time period of the approval.

Approval and certification of an improvement construction plan shall not constitute final plan approval of the proposal, nor shall this plan be recorded with the Lancaster County Recorder of Deeds, but shall, when combined with the necessary Township and Commonwealth approvals and permits, grant the authority to install the improvements required as part of this chapter.

Following the Board of Supervisors' certification of the improvement construction plan, one copy of the plan shall be retained by the Board of Supervisors and the remaining copy shall be available to the firm, which prepared the plan.

Improvement construction plan approval shall be effective for a five-year period from the date of the Board of Supervisors' approval action. Construction shall be completed and a final plan application shall be submitted within five years of the improvement construction plan approval, or else the plan approval shall become null and void unless the Board of Supervisors grants a waiver by extending the effective time period of the approval.

11.

Submission of Final Plan. The applicant may submit a final plan application at any time after approval of an improvement construction plan. Before any such final plan will be released for recording, the applicant shall provide financial security to secure completion of any required improvements which have not been completed.

§ 22-305 Revised Subdivision and/or Land Development Plans.

[Ord. 2011-03, 6/27/2011, § 22-305]

Applicability of Revised Subdivision and/or Land Development Plans. Any replatting or resubdivision of recorded or unrecorded plans, 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:

No lot shall be created that does not meet the minimum design standards required by this chapter and existing Township regulations.

No structure shall be relocated that does not meet the minimum design standards required by this chapter and existing Township regulations.

No increase is made in the overall density of the development.

The stormwater management facilities are not altered in a manner that significantly affects the discharge of stormwater to an adjacent lot or significantly relocates a major stormwater management facility within the development.

Street locations and block sizes shall not be changed.

The character and land use of the original application shall be maintained.

Application Requirements. In every case where a plan alteration conforms to the above, the applicant shall:

Submit to the Board of Supervisors two black on white or blue on white paper copies of the revised final plan, one application form (see Appendix 22-1), and the required filing fee (see current Township Fee Resolution or Ordinance). Upon review of the revision at its next regular meeting if the plan was filed at least 14 consecutive days prior to that meeting, the Board of Supervisors shall, in writing, advise the applicant whether or not the revision complies with the above and with the final plan requirements of § 22-403 of this chapter.

If the revision complies, the applicant shall prepare two plans for recording, which shall be either (1) black ink on tracing cloth; or, (2) a transparent reproduction of the original plan with black line on cloth or stable plastic base film, and which shall specifically identify the alterations to the previously recorded plan.

The applicant shall then submit the plan to the Board of Supervisors for certification as specified in § 22-303.12 of this chapter (see Appendix 22-7).

The plans shall then be recorded as specified in § 22-303.13 of this chapter.

Submission to County Planning Commission. In addition to submitting the required material in accordance with Subsection 2 of this section, the applicant shall file with the Township Secretary documentation that plans have been properly filed with the County Planning Commission. In the event the application is revised after initial submission, it shall be the responsibility of the applicant to submit the revised plans and support material to the County Planning Commission for further review.

§ 22-306 Lot Add-On Plans.

[Ord. 2011-03, 6/27/2011, § 22-306]

Applicability of Lot Add-On Plans. The lease, conveyance, sale or transfer of land for the sole purpose of increasing the lot size of an adjacent contiguous lot shall comply with the following lot add-on procedure, provided:

No lot shall be created that does not meet the minimum design standards required by this chapter and existing Township regulations.

The stormwater management facilities are not altered in any manner.

Street locations and block sizes shall not be changed.

Access to all affected lots is not changed.

No new lots are created.

Application Requirements. In every case where a proposal conforms to the above, the application shall comply with the following procedures:

The applicant shall file at the Township Office one black on white or blue on white paper copies of the lot add-on plan prepared to the standards specified in § 22-404 of this chapter, one application form (see Appendix 22-1), and the required filing fee (see current Township Fee Resolution or Ordinance). The applicant shall also provide all plan and accompanying documents on a transportable digital/electronic medium. Digital or electronic files shall be in a standard, reproducible and printable format, for use by the Township. Costs incurred by the Township for printing and/or media duplication may be charged to the applicant.

Upon review of the lot add-on plan at its next regular meeting if the plan was filed at least 15 days prior to that meeting, the Board of Supervisors shall, in writing, advise the applicant whether or not the proposal qualifies as a lot add-on.

If the plan qualifies, the applicant shall prepare two plans for recording, which shall be either (1) black ink on tracing cloth; or, (2) a transparent reproduction of the original plan with black line on cloth or stable plastic base film, and one set of paper copies of the plan for the Board of Supervisors' files.

Within 14 days after the recording of the lot add-on plan, proof that the deeds for all lots being revised by the lot add-on plan have been recorded shall be submitted by the applicant to the Township for its files.

The applicant shall then submit the plan to the Board of Supervisors for certification as specified in § 22-303.12 of this chapter (see Appendix 22-7).

The plans shall then be recorded as specified in § 22-303.13 of this chapter.

Submission to County Planning Commission. In addition to submitting the required material, in accordance with Subsection 2 of this section, the applicant shall file with the Township Secretary documentation that plans have been properly filed with the County Planning Commission. In the event the application is revised after initial submission, it shall be the responsibility of the applicant to submit the revised plans and support material to the County Planning Commission for further review.

§ 22-307 Minor Land Development Plans.

[Ord. 2011-03, 6/27/2011, § 22-307]

Land development plans may be submitted as final plans in accordance with the provisions of § 22-303 of this chapter provided the proposal meets one of the following conditions:

The development of a single, nonresidential building of less than 30,000 gross square feet located on a lot that was approved for such nonresidential use by a recorded plan prepared in accordance with this chapter. The installation of all improvements associated with the approval of such plan shall have been completed. Further, access to the lot shall meet the standards of the current ordinance and traffic generated by the proposed use shall not exceed 300 AADT.

The development of a second principal building of less than 10,000 gross square feet on a lot that contains an existing principal building. Traffic generated by the new use shall not exceed 200 AADT.

The development of a single principal building with an area of 1,500 gross square feet or less and that will generate 50 or fewer AADT.

The development of a residential building with less than five units of occupancy.

All land development plans that do not meet one of these conditions or that propose to either establish an access that does not meet the safety criteria of this chapter, or to phase construction of required improvements, including, but not limited to, streets, sewer and water facilities, and stormwater management facilities, shall be submitted as a preliminary plan in accordance with the requirements of § 22-302 of this chapter.

§ 22-308 Procedure for Requesting Consideration of a Waiver of Provisions of This Chapter.

[Ord. 2011-03, 6/27/2011, § 22-308]

Application Requirements. A request for a waiver may be submitted to the Board of Supervisors at any time. All requests shall be made in accordance with the following:

All requests shall be made in writing and shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, or the alternative standard proposed to provide equal or better results, the section or sections of this chapter that are requested to be waived, and the minimum modification necessary.

The request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 22-401).

Board of Supervisors Action.

In general, the Planning Commission shall schedule a request for a waiver for action at a regular meeting, which is at least 21 consecutive days following the filing of the request by the applicant. The Planning Commission shall review the request to determine (1) if compliance with the provisions of the chapter creates an undue hardship or appears to be unreasonable as it applies to the particular property, or (2) if the applicant demonstrates that an alternative proposal will allow for equal or better results. The Planning Commission shall take such action as it shall deem necessary or advisable in the public interest.

The request for a waiver and accompanying documentation shall be submitted by the Planning Commission, together with its analysis and recommendations, to the Board of Supervisors for consideration. All applications for approval of a waiver shall be acted upon by Board of Supervisors who shall render its decision and communicate it to the Applicant in accordance with the requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq.

Notification of Action of Board of Supervisors. After the meeting at which the waiver was reviewed, the Board of Supervisors shall send a written notice of its action to the applicant at his last known address within such time periods as may be established by the Municipalities Planning Code, 53 P.S. § 10101 et seq. If the Board of Supervisors denies the request, it shall notify the applicant in writing of the justifications for the denial. If the Board of Supervisors grants the request, the final plan shall include a note that identifies the specific waiver granted. If the Board of Supervisors imposes conditions upon the granting of a waiver, the applicant shall notify the Township in writing within five days of the date the Township mailed notification whether the applicant shall comply with all conditions imposed on the granting of the waiver. If the applicant does not agree to the imposition of all of the conditions, the requested waiver shall be deemed denied.

§ 22-309 Multiple Applications.

[Ord. 2011-03, 6/27/2011, § 22-309]

The resources of the Township and the orderly administration of this chapter are unduly burdened by multiple and conflicting applications. Therefore, the same applicant may not submit multiple applications for approval of a subdivision or land development plan for the same property or a portion thereof involving the same land use. If an applicant desires to submit a new application, then the applicant shall withdraw in writing any pending applications. In the event the applicant fails or refuses to withdraw any pending applications, the Board of Supervisors may deny the new application due to noncompliance with this section.

§ 22-310 Reviews by Non-Township Entities.

[Ord. 2011-03, 6/27/2011, § 22-310]

The sewer authority shall review the final design of sewerage facilities to determine compliance with standards established for acceptance of such systems by the Board. They shall authorize the application for such permits as are required by federal, state or local authorities. Final approval of plans by the sewer authority shall be a condition precedent to the Board's final action on the application.

The relevant water authority shall review the final design of the water supply facilities to determine compliance with standards established for acceptance of such systems by the Board. They shall authorize the application for such permits as are required by federal, state or local authorities. Final approval of plans by the relevant water authority shall be a condition precedent to the Board's final action on the application.