[Ord. 287, 3/28/2016]
This article sets forth the application and processing requirements for obtaining approval of subdivision and land developments. The form of the various plans referred to in this Part and information required to be forwarded with such plans shall be as specified in Part 4.
[Ord. 287, 3/28/2016]
Whenever the Zoning Ordinance provides that the use proposed
by the applicant for subdivision or land development approval shall
constitute a use by special exception or conditional use, or when
a variance from the terms of the Zoning Ordinance is required to develop
in accordance with the plan, the applicant shall obtain such special
exception, variance or conditional use approval from the Borough Zoning
Hearing Board or Council, as applicable, prior to the submission of
the preliminary plan. The plan shall be designed and developed in
accordance with any conditions which have been imposed upon the granting
of such special exception, variance or conditional use by the Borough
Zoning Hearing Board or Council, as applicable.
[Ord. 287, 3/28/2016]
1.
All applications, except sketch plans as provided hereafter, shall
follow these application and processing requirements:
A.
Formal Application/Submission Deadlines. All applications for approval
of a subdivision plan, land development plan or lot add-on plan shall
be made by the developer filing an application form, to be supplied
by the Borough, together with the appropriate plans, studies, reports,
supporting data, and required filing fee, with the Borough. Applications
may be filed with the Borough on any business day; however, the Borough
Planning Commission or Council will review a plan at a particular
meeting only if the plan was filed at least 15 business days prior
to that meeting.
B.
Application Requirements. All plan applications shall include the
following:
(1)
Two copies of the plan(s). All plans shall be either black on white or blue on white paper prints and prepared in conformance with the provisions of Part 4 of this chapter.
(2)
Two copies of all notifications and certifications required by Part 4 either by providing them on the preliminary plan or as separate documents.
(3)
Two copies of the application form and two copies of the plan
content checklist as provided in the Appendix.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(4)
Filing and review escrow fees in the amounts as specified on
the fee schedule adopted by resolution of Council and available at
the Borough office.
(5)
Two copies of any variance, special exception or conditional
use decisions applicable to the site.
(8)
Documentation that the plans have been properly filed with the
Lancaster County Planning Commission, as well as any and all other
required approving agencies (local, state, and federal agencies, water
and sewer authorities, utilities, etc.).
(9)
The applicant shall provide the Borough with five copies of
the most current plan at least five business days before the plan
is scheduled for the initial review by the Planning Commission or
Council.
C.
Distribution. The applicant shall submit one copy of the above required
information to the Borough and one copy to the Borough Engineer. All
other materials shall be submitted to the Borough.
D.
Initial Application. The Borough staff shall have seven business
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 information required by this chapter. If defective,
the application shall be returned to the applicant with a statement
explaining the reason(s) of rejection, within 12 business days following
the date of submission by the applicant; otherwise, it shall be deemed
accepted for filing as of the date of submission. Acceptance for filing
shall not, however, constitute a waiver of any deficiencies or irregularities.
Under this section, the applicant may appeal a decision by the Borough
staff to Council.
E.
Amendments or Corrections to an Application. The Borough staff shall
have seven business days from the date of submission of an amended
or corrected application or plan to determine whether such amended
or corrected application results in a substantial amendment to the
plan or if the application or plan filed changed so as to be considered
a new plan. If the Borough staff determines that the amended or corrected
application constitutes a substantial amendment, the applicant shall
be informed of the determination within 12 business days from the
date of the submission of the amended or corrected application and
the Borough staff shall further inform the applicant that the Borough
shall consider the ninety-day review procedure to have been restarted
as of the date of the filing of the substantial amendment. If the
Borough staff determines that the amended or corrected application
constitutes a new plan, he shall so inform the applicant and shall
inform the applicant that a new application and new fees are required.
Under this section, the applicant may appeal a decision by the Borough
staff to Council.
F.
Plan Review Process.
(1)
Review by the Borough Staff and Consultants.
(a)
The Borough Zoning Officer and any Borough personnel as directed
by Council shall review the application documents to determine if
they are in compliance with this chapter, the Zoning Ordinance, the
Comprehensive Plan, the Borough's planning objectives, and accepted
planning standards. These personnel shall provide comments and recommendations,
including written findings when directed by Council.
(b)
The Borough Engineer and/or other consultants designated by
Council shall review the application documents to determine compliance
with this chapter, and any other applicable Borough Ordinances, Borough
standards and good engineering practices. The Engineer shall prepare
a written report of findings and recommendations which shall be presented
to the Borough and the applicant.
(c)
Compliance Submission. All resubmissions for approval of a subdivision
plan, land development plan or lot add-on plan shall be made by the
developer and supplied to the Borough and the Borough Engineer, together
with the appropriate plans, studies, reports, supporting data (and
required filing fee, if any). Resubmissions may be filed with the
Borough on any business day; however, the Planning Commission will
review a plan at a particular meeting only if the plan was filed with
the Borough and the Borough Engineer at least 15 business days prior
to that meeting. The resubmission shall include five copies of the
most current plan at least 15 business days before the plan is scheduled
for review by the Planning Commission or Council.
(2)
Briefing Item.
(a)
At the plan's first presentation to the Planning Commission,
no action will be taken on any application. The plan will be presented
by the Borough staff as a briefing item for introduction to the Planning
Commission and for general comments. The applicant and/or their representative
are not required to attend this meeting.
(b)
If recommended by the Planning Commission, plans will be presented
by the Borough staff as a briefing item at the regular meeting of
Council, following the first presentation of the plan as a briefing
item to the Planning Commission. The applicant and/or their representative
are not required to attend this meeting.
(3)
Planning Commission Review. The Planning Commission will review
the application with the developer or his agent at a regular meeting
following the meeting where the application was introduced to the
Planning Commission as a briefing item, and after comments are received
from the Lancaster County Planning Commission. The Planning Commission
will review the application to determine if it meets the standards
set forth in the Borough's Ordinances. The application shall
then be submitted by the Planning Commission, together with its analysis
and recommendations, including those of the Borough staff and Engineer,
to Council.
(4)
Council Review Process.
(a)
Following review and recommendation by the Planning Commission,
Council will place the plan on its agenda for review and action.
(b)
All applications for approval of a plan, whether preliminary
or final, shall be acted upon by Council. Council shall render its
decision and communicate it to the applicant not later than 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 of the Planning Commission 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.
(c)
Notification of Council Action. The decision of Council shall
be 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.
(i)
When the application is not approved in terms as filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the ordinance relied upon.
(ii)
Failure of Council to render a decision and communicate
it to the applicant within the time and in the manner required herein,
unless a greater period of time has been authorized by the Municipalities
Planning Code, shall be deemed an approval of the application in terms
as presented, unless the applicant has agreed in writing to an extension
of time or change in the prescribed manner or 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 the
like effect.
(d)
Compliance with Council Action. If Council conditions its plan
approval upon receipt of additional information, changes and/or notifications,
such data shall be submitted and/or alterations noted on two copies
of the plan to be submitted to the Borough for approval. Such data
shall be submitted to Council within 90 days of their conditional
approval, unless Council grants a modification by extending the effective
time period.
(e)
Council Approval and Certification. Council will acknowledge
the satisfactory compliance with all conditions, if any, of the plan
approval at a regularly scheduled public meeting. After receipt of
plan approval and compliance with all conditions of approval, a plan
shall be presented to the Borough for acknowledgement through a formal
approval certification statement on the plan as provided in the Appendix.[2] The applicant shall prepare and provide two sets of final
plans which shall be transparent reproductions of the original plan
with black line on stable plastic base film (Mylar or equal) for Council
to sign the approval certificate. The applicant shall also provide
one set of the final plans which shall be a paper copy for the Borough's
files.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Ord. 287, 3/28/2016]
1.
Prior to the preparation and filing of the preliminary plan for subdivision
or land development, applicants are strongly urged to discuss possible
development sites and plans with the Borough prior to formal submission
of any plan. The purpose of the pre-application meeting or sketch
plan review is to afford the applicant an opportunity to receive the
advice and assistance of the Borough Planning Commission, Borough
Council, and staff. Submission of a sketch plan is for the purpose
of informal review and discussion and shall not constitute formal
filing of a plan with the Borough.
2.
Submission of Pre-Application (Sketch) Plans. Prospective applicants
submitting a pre-application plan for review by the Planning Commission,
Council and Borough staff shall include on the plan those items listed
in § 402 of this chapter and any other elements that should
be considered in the design of the subdivision or land development
including any modifications required for the plan(s) as presented.
Five copies of plans shall be submitted 15 business days prior to
the regularly scheduled monthly meeting of the Planning Commission
at which the pre-application review will be held. All plan submittals
shall be accompanied by a completed application as provided in the
Appendix[1] and a filing fee in an amount as specified on the fee
schedule adopted by resolution of Council and available at the Borough
office. The applicant may proceed to the preliminary plan process
following the meeting with the Planning Commission, Council and Borough
staff. The applicant shall incorporate the comments or concerns of
the Planning Commission, Council, and Borough staff and make every
effort to address these items in the preliminary plan.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Ord. 287, 3/28/2016]
1.
Preliminary Plan Application. With the exceptions noted in § 307
of this chapter, a preliminary plan is required for all applications
that propose new streets, all subdivision plans that create five or
more new lots either initially or cumulatively as of the date of the
adoption of this chapter and any land development plans that propose:
1) the construction of one nonresidential building exceeding 10,000
square feet of building area; or 2) the construction of an addition
to a nonresidential building exceeding 5,000 square feet of additional
building area. All other plans may be submitted as final plans in
accordance with § 306.
2.
Approval of a Preliminary Plan Application. Approval of a preliminary
plan application shall constitute approval of the proposed subdivision
and/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 Recorder
of Deeds.
3.
Construction of Improvements. As an alternative to processing a final
plan and guaranteeing the completion of required improvements by a
corporate bond or surety, and after an applicant has received official
notification that the preliminary plan has been unconditionally approved,
the applicant may initiate the construction of required improvements
prior to approval of the final plan.
4.
Completion of Improvements. Upon completion of the improvements required
by this chapter, the applicant may proceed to submit a final plan
and application which shall include notice of approval of the improvements
by the Borough Engineer or the authority which is to accept the improvements.
[Ord. 287, 3/28/2016]
1.
Prerequisites to Filing Final Plan Application. An application for
final plan approval can be submitted only after one of the following,
when required, have been completed:
A.
The receipt of an unconditional preliminary plan approval in accordance
with § 305 of this chapter, when a preliminary plan approval
is required; and/or
2.
Final Plan Application.
A.
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; provided that each section, except
for the last section, shall contain a minimum of 25% of the total
number of units of occupancy as depicted on the approved preliminary
plan.
B.
The Borough may accept a final plan modified to reflect a change
to the site or its surroundings that occurs after the preliminary
plan review. The Borough Council, with a recommendation from the Borough
Planning Commission, shall determine whether a modified final plan
will be accepted or whether a new preliminary plan shall be submitted.
3.
Application Requirements. In addition to the application requirements
of § 303, final plans which require access to a highway
under the jurisdiction of the PA Department of Transportation shall
include two copies of the plans prepared to support the application
for a highway occupancy permit.
4.
Final Plan Certification. After Council's approval of the final
plan and the required changes, if any, are made, the applicant shall
proceed to prepare two sets of final plans, which shall be transparent
reproductions of the original plan with black line on stable plastic
base film (Mylar or equal), and one set of final plans which shall
be a paper copy for the Borough's files.
A.
Upon compliance with all conditions of plan approval to the satisfaction of the Borough and compliance with Part 7 of this chapter, two transparent copies of the final plan shall be certified in the following manner: both final plans shall be presented to the Planning Commission and Council for the signature of the respective Chair/President or Vice Chair/Vice President or their designees. Final plans will not be signed by Council prior to certification by the Planning Commission or if submitted more than 90 days from Council's final approval action unless Council grants a modification by extending the effective time period of the approval.
5.
Final Plan Recordation. Upon approval and certification of a final
plan and payment of any and all outstanding fees, the applicant shall
record the plan in the office of the Recorder of Deeds. Should the
applicant fail to record the final plan within 90 days of Council's
final plan approval action, Council's action on the plan shall
be null and void unless Council grants a modification by extending
the effective time period of the approval.
A.
The final plan shall be filed with the Recorder of Deeds and proof
of such recording shall be provided to the Borough before proceeding
with the sale of lots.
B.
The final plan shall be filed with the Recorder of Deeds before proceeding
with the construction of any improvement except as provided for in
§ 305 of this chapter.
C.
No subdivision or land development plan may be recorded unless it
bears the endorsement of Council.
6.
Effect of Recording of Final Plan. Recording the final plan, after approval of Council, shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use, unless reserved by the landowner as provided in Part 4 of this chapter. However, the approval of Council shall not impose any duty upon the commonwealth, county, or Borough concerning acceptance, maintenance, or improvement of any such dedicated areas or portion of same until the proper authorities of the commonwealth, county, or Borough actually accept same by ordinance or resolution, or by entry, use, or improvement.
7.
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
owner, and neither the commonwealth, county, Borough, nor any applicable
authorities shall assume any right to accept ownership of such land
or right-of-way.
[Ord. 287, 3/28/2016]
1.
Plans that meet the criteria as listed hereafter shall be exempt from the requirement to process a preliminary plan and may process a final plan prepared in accordance with Part 4.
A.
Lot Add-On Plans.
(1)
Lot add-on plans shall meet the following criteria:
(a)
A lot add-on plan shall only be prepared for the conveyance
of land for the sole purpose of increasing the size of an existing
contiguous tract or lot.
(b)
A lot add-on plan shall not create any additional lot(s).
(c)
A lot add-on plan shall not result in any nonconformity with the design standards found in Part 5 of this chapter.
(d)
A lot add-on plan shall not alter the site and/or existing stormwater
management facilities in a manner that affects the discharge of stormwater
to an adjacent property or significantly relocates a major stormwater
management facility within the project.
(e)
A lot add-on plan shall not alter a recorded plan or revise
any approved final plan which has not yet been recorded.
(f)
The alteration of a recorded plan or an approved final plan
which has not been recorded shall be by a revised final plan (see
§ 307D).
(2)
In every case where a plan conforms to the above, the applicant
shall follow the plan processing and recording procedures for a final
plan as outlined in § 306 of this chapter. A lot add-on
plan shall be filed with the Recorder of Deeds prior to the execution
of a deed for the conveyance of land.
B.
Separation Subdivision.
C.
Minor Subdivision.
(1)
In the case of a subdivision plan of four lots or fewer, either
initially or cumulatively from the effective date of this chapter,
which does not require provisions for a new street, the applicant
may at his discretion concurrently submit preliminary and final plans
for action at the Council meeting. For the purpose of interpreting
this section of this chapter, a subdivision of not more than four
lots shall include the remaining tract.
(2)
In the case of a land development plan proposing: 1) the construction
of one nonresidential building not exceeding 10,000 square feet of
building area; or 2) the construction of an addition to a nonresidential
building not exceeding 5,000 square feet of additional building area,
the applicant may at his discretion concurrently submit preliminary
and final plans for action by the Borough.
(3)
In every case where a plan conforms to the above, the applicant
shall follow the plan processing and recording procedures for a final
plan as outlined in § 306 of this chapter.
(4)
All other plans shall be submitted in accordance with § 305
of this chapter.
D.
Revised Subdivision and/or Land Development Plans. Any replatting,
revision, or resubdivision of recorded plans or any replatting, revision,
or resubdivision of any approved final plan which has not been recorded,
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:
(1)
No lot or tract of land shall be created that does not meet
the minimum design standards required by this chapter and existing
Borough regulations.
(2)
No structure shall be relocated which does not meet the minimum
design standards required by this chapter and existing Borough regulations.
(3)
No increase is made in the overall density and no additional
lots are created.
(4)
The site and/or stormwater management facilities are not altered
in a manner that affects the discharge of stormwater to an adjacent
property or significantly relocates a major stormwater management
facility within the project.
(5)
Street locations and block sizes shall not be changed.
(6)
The character and land use of the original application shall
be maintained.
(7)
In every case where a plan alteration conforms to the above,
the applicant shall follow the plan processing and recording procedures
for a final plan as outlined in § 306 of this chapter.
[Ord. 287, 3/28/2016]
1.
The provisions of these regulations are intended as a minimum standard
for the protection of the public health, safety and welfare. If the
literal compliance with any mandatory provision of these regulations
is shown by the applicant to the satisfaction of Council present at
a public meeting to be unreasonable and to cause undue hardship as
it applies to the particular property, Council may grant a modification
from such mandatory provision so that substantial justice may be done
and the public interest secured while permitting the reasonable utilization
of the property. However, the granting of a modification shall not
have the effect of making null and void the intent and purpose of
this chapter.
2.
Application Requirements. A request for a modification is to be submitted
as part of a sketch, preliminary or final plan application but may
be submitted to the Borough at any time. All requests shall include
a completed application for consideration of a modification as provided
in the Appendix,[1] be in writing and accompanied by a plan prepared at least
to the minimum standards of a sketch plan (see § 402). The
written request shall identify:
A.
The specific section of this chapter which is requested to be modified.
B.
The provisions proposed as an alternate to the requirements. The
alternate provisions must be equal to or better than the requirements
of, and consistent with, the intents of this chapter and shall not
be contrary to the general public interest.
C.
Justification for the modification. The request shall state in full
the grounds and facts of unreasonableness or hardship on which the
request is based.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
3.
Action on Modification Requests.
A.
At a public meeting, and after review and recommendation by the Planning
Commission, Council shall review the request to determine if the literal
compliance with any mandatory provision of this chapter is demonstrated
by the applicant to 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.
B.
The applicant shall demonstrate that an alternative proposal will
allow for equal or better results and represents the minimum modification
necessary. If Council determines that the applicant has met his burden,
it may grant a modification from the literal compliance with the terms
of this chapter.
C.
In granting modifications, Council may impose such conditions as
will, in its judgment, secure the objectives and purposes of this
chapter.
D.
When a modification is granted with conditions, a statement of the
approved modification including the imposed condition(s) shall be
provided on the final plan to be recorded.
