A.
The purpose of the preapplication meeting or sketch plan review is
to afford the applicant the opportunity to receive the advice and
assistance of the staff prior to formal application for approval.
Such meeting and/or review shall be considered as confidential between
the applicant and staff.
B.
Applicants for proposals which require a preliminary plan approval,
plans which involve the creation of new streets or community stormwater
detention or retention facilities, and plans for the development of
nonresidential structures are strongly urged to discuss such proposals
with the staff and to prepare and submit sketch plans for review prior
to submission of the application for approval. Submission of a sketch
plan, even though strongly recommended, is not mandatory and shall
not constitute formal filing of a plan with the municipality.
C.
Sketch plan reviews are not required to be consistent with procedures
of Section 508 of the Pennsylvania Municipalities Planning Code, as
amended.[1] Sketch plans prepared for review and discussion should include those items listed in § 110-401 of this chapter.
[1]
Editor's Note: See 53 P.S. § 10508.
D.
Applicants for proposals other than those described in Subsection B are still encouraged to discuss such proposals and submit sketch plans for review.
E.
The applicant may request that the municipality provide written comments on submitted sketch plans as a follow-up to any meetings held to discuss the plan. As stated in Subsection B, submission of a sketch plan, even though strongly recommended, is not mandatory and shall not constitute formal filing of a plan with the municipality.
With the exceptions specifically noted in this chapter, a preliminary plan is required for applications which propose new streets; all land development plans, as defined in § 110-203; and subdivision plans of 10 or more lots. All other plans may be submitted as final plans in accordance with § 110-303. Preliminary plans may be filed with East Petersburg Borough on any business day. The Commission will officially review a plan at a particular meeting in accordance with a schedule which shall be published as a public notice.
A.
Application requirements. All preliminary plan applications shall
include the following:
(1)
Five copies of full-size final plan sheet(s) and seven copies
of half-size sheet(s). All plans shall be either black on white, blue
on white, or color on white paper prints.
(2)
Two copies of all reports, notifications and certifications
which are not provided on the preliminary plan.
(3)
Two copies of the application form (see Appendix 15[1]) completely and correctly executed, with all information
legible, and bearing all required signatures.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(4)
Two copies of a completed fee schedule and a filing fee and
escrow fee (in accordance with the municipality's current fee
schedule).
(5)
When connection to an existing sanitary sewer system is proposed,
written notice from the authority providing sanitary sewer service
indicating that sufficient capacity to service the proposed development
is available shall be provided. Such notice shall:
(6)
Incomplete applications. Incomplete submissions as determined
by the governing body, or its designee, shall be returned to the applicant
within seven days, along with a statement that the submission is incomplete,
and stating the deficiencies found. Otherwise, the application shall
be deemed accepted for filing as of the date of submission. Acceptance
of the application shall not, however, constitute an approval of the
plan nor a waiver of any deficiencies or irregularities. The applicant
may appeal the municipality's decision not to accept a particular
application.
B.
Plan requirements. All preliminary plans shall be prepared in conformance with the provisions of § 110-402 of this chapter and any other applicable requirement of law.
C.
Municipal action.
(1)
East Petersburg Borough will schedule the preliminary plan application
for action at a regularly scheduled public meeting within 90 days
of the first public meeting of the Commission after the date of filing.
(2)
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.
D.
Notification of municipal action.
E.
At its sole discretion and in accordance with this article, when
a subdivision and/or land development plan is found to be deficient,
East Petersburg Borough may either disapprove the submission and require
a resubmission or, in the case of minor deficiencies, accept submission
of revisions.
F.
Municipal approval and certification.
(1)
East Petersburg Borough will acknowledge the satisfactory compliance
with all conditions, if any, of the preliminary plan approval at a
regularly scheduled public meeting. All materials to be considered
by East Petersburg Borough at such meeting shall be submitted by the
applicant to East Petersburg Borough at least 14 business days prior
to the 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 East Petersburg
Borough for acknowledgment through a formal statement on the plan.
(See Appendix 17.)[2]
[2]
Editor's Note: Said appendix, as originally numbered,
is on file in the Borough offices.
(2)
Approval of a preliminary 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 Lancaster County Recorder of Deeds.
(3)
Preliminary plan approval will be effective for a five-year
period, or as otherwise provided for by state law, from the date of
the Commission's approval of the preliminary plan application;
therefore, final plan applications for the entire project must be
made within five years of preliminary plan approval unless East Petersburg
Borough grants a waiver by extending the effective time period of
the approval.
(4)
The applicant may, after receipt of acknowledgment from East
Petersburg Borough of the satisfactory completion of any conditions
of preliminary plan approval, proceed to construct the improvements
required by this chapter and shown on the approved preliminary plan.
The applicant shall indicate the intent to construct the improvements
in writing to the Commission prior to the start of construction. Additionally,
the applicant shall complete and enter into the appropriate memorandum
of understanding. The applicant shall indicate the timetable for the
construction of the improvements, including a schedule and plan of
the proposed phasing of sections of the plan.
(5)
Construction and completion of the improvements shall not constitute
permission to sell lots or occupy proposed buildings shown on the
plan.
A.
Submittal of final plan.
(1)
(2)
Final plans may be filed with East Petersburg Borough on any
business day; however, the municipality will officially review a plan
at a particular meeting only if the plan was filed at least 15 business
days prior to that meeting. A schedule of the municipality's
meetings for each calendar year and the corresponding dates for submission
of plans and applications shall be published as a public notice.
(3)
The final plan may be submitted in sections, each section covering
a reasonable portion of the entire proposed subdivision or land development
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 unless East Petersburg Borough specifically approves a lesser
percentage for one or more sections.
(4)
East Petersburg Borough may accept a final plan modified to
reflect a change to the site or its surroundings which occurs after
the preliminary plan review. The municipality shall determine whether
a modified final plan will be accepted or whether a new preliminary
plan shall be submitted.
B.
Application requirements. All final plan applications shall include
the following:
(1)
Five copies of the full-size final plan sheet(s) and seven of
the half-size plan sheet(s). All plans shall be either black on white,
blue on white, or color on white paper prints.
(2)
Two copies of all reports, notifications and certificates which
are not provided on the final plan.
(3)
Two copies of the correct and complete application form. (See
Appendix 15.[1])
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(4)
Two copies of a completed fee schedule and a filing fee and
escrow fee (in accordance with the municipality's current fee
schedule).
(6)
Two copies of the verification form (see Appendix 19[2]).
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(7)
Incomplete submissions as determined by the governing body,
or its designee, shall be returned to the applicant within seven days,
along with a statement that the submission is incomplete, and stating
the deficiencies found. Otherwise, the application shall be deemed
accepted for filing as of the date of submission. Acceptance of the
application shall not, however, constitute an approval of the plan
nor a waiver of any deficiencies or irregularities. The applicant
may appeal the municipality's decision not to accept a particular
application.
(8)
Written notice from the authority providing sanitary sewer service
indicating that sufficient capacity to service the proposed development
has been reserved.
C.
Plan requirements. All final plans shall be prepared in conformance with the provisions of § 110-403 of this chapter and any other applicable requirements of law.
D.
Municipal action.
(1)
The municipality will schedule the final plan application for
action at a regularly scheduled public meeting within 90 days of the
first public meeting of the municipality after the date of filing.
(2)
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.
(3)
Final plan approval will be effective for 90 days from the date
of the municipality's action on the final plan, or as otherwise
provided for by state law, unless the municipality grants a waiver
by extending the effective time period of the approval. Within this
time period, the applicant must meet all conditions of approval, if
any; certify plans as specified in this chapter; and record plans
as specified in this chapter.
E.
Notification of municipal action. Within 15 consecutive days after
the meeting at which the final plan is reviewed, the staff shall send
written notice of the municipality's action to the following:
F.
Final plan certification.
(1)
After the municipality'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 acceptable for recording at the
Lancaster County Recorder of Deeds Office, two full sets of final
plans which shall be a paper copy for the municipality's files,
one full set of final plans which shall be a paper copy for the Lancaster
County Planning Commission, and two electronic copies in CAD or GIS
format of the complete set of plans: one for the municipality, one
for the county.
(2)
A recording number and a complete set of plans with all signatures,
stamps, and seals must be provided to the Borough before any permits
are issued.
G.
At its sole discretion and in accordance with this article, when
a subdivision and/or land development plan is found to be deficient,
East Petersburg Borough may either disapprove the submission and require
a resubmission, or in the case of minor deficiencies, East Petersburg
Borough may accept submission of revisions.
H.
Municipal signature required. Upon meeting any and all conditions
of the plan approval, both final plans shall be presented to the municipality
for the signature of the Borough Council president and vice president
or their designees. (See Appendix 13.[3]) Final plans will not be signed by the municipality if
submitted more than 90 days from the municipality's final approval
action unless the municipality grants a waiver by extending the effective
time period of the approval.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
I.
Final plan recordation.
(1)
Upon approval and certification of a final plan, the applicant
shall record the plan in the office of the Lancaster County Recorder
of Deeds within 90 days of such final approval or 90 days after the
date of delivery of an approved plan signed by the governing body,
following completion of conditions imposed for such approval, whichever
is later.
(2)
Should the applicant fail to record the final plan within 90
days of the municipality's final plan approval, the municipality's
action on the plan shall be null and void unless the municipality
has granted a waiver by extending the effective time period of the
approval.
J.
Prior sale of lots prohibited. The final plan shall be filed with
the Lancaster County Recorder of Deeds before proceeding with the
sale of lots.
K.
Dedication by recording the final plan. After approval of the final
plan by the municipality, the act of recording the final plan 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 below. However, the approval of the municipality shall
not impose any duty upon the commonwealth, county, or municipality
concerning acceptance, maintenance, or improvement of any such dedicated
areas or portion of same until proper authorities of the commonwealth,
county, or municipality actually accept same by ordinance or resolution
or by entry, use, or improvement.
L.
Notice of reservation from public dedication. The landowner shall
place a notation on the final plan when there is no offer of dedication
to the public of certain designated areas, in which event the title
to such areas shall remain with the owner, and the commonwealth, county,
and local authorities shall assume no right to accept ownership or
right-of-way.
A.
Any replatting or resubdivision of recorded plans or revision of
approved final plans which has not yet 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
survey corrections can be made.
B.
In every case where a plan alteration conforms to the above, the
applicant shall:
(1)
Submit to the municipality two black on white or blue on white
paper copies of the revised final plan, one application form and the
appropriate filing fee. (See Appendix 15.[1]) Upon review of the revision, the municipality will, in writing, advise the applicant whether or not the revision complies with the standards of § 110-403D of this chapter.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
If the revision complies, the applicant shall prepare two plans,
which shall be transparent black line reproductions of the original
plan and two sets of paper copies of the plan for the municipality's
files and which shall specifically identify the alteration(s) to the
previously recorded plan.
(3)
The applicant shall then submit the plan to the Municipal Secretary or authorized municipal official for certification as specified in § 110-303H of this chapter and the Lancaster County Planning Commission for signature as specified in § 110-303F of this chapter. (See Appendixes 13 and 14.[2])
[2]
Editor's Note: Said appendixes are included as attachments to this chapter.
(5)
Prior to any rerecording, a note shall be placed on the replat
specifying the Record Plan Book number of the original final plan.
A.
Plan requirements. Plans shall only be permitted when:
(1)
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 ordinance; and
(2)
Drainage easements or rights-of-way are not altered; and
(3)
Access to the affected parcels is not changed;
(4)
Street alignments are not changed;
(5)
Except for center-line separation plans, no new lots are created;
(6)
Any on-lot facility (well, septic systems, stormwater management
controls) and their associated lot line setbacks and isolation distances
shall not be impacted;
(7)
In the case of lot line change plans, both impacted tracts of
land shall be resultant from the same original recorded subdivision
plan.
B.
Plan required. Where the above conditions are satisfactorily proven to exist, a plan shall be prepared and submitted in accordance with the requirements of § 110-404 of this chapter.
C.
Deed required. A copy of the deed(s) to be recorded for the impacted
tracts of land shall be submitted prior to recording of the plan.
The deed shall provide a description of the impacted tracts which
reflects the proposed changes to the tracts.
A.
Application requirements. All requests for waivers shall be made
in accordance with the following procedure:
(1)
All requests for a waiver shall be made in writing and shall accompany and be a part of the application for development. The request 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 which 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 § 110-401).
(2)
Should a revision to a submitted plan require a waiver which was not apparent at the time of initial plan submission, the request for a waiver shall be submitted in accordance with Subsection A(1) above at the time of submission of the revised plans.
(3)
Requests for waivers shall be considered by the municipality
at a public meeting which is at least 15 days after the submission
of the waiver request.
B.
Municipal Commission action. At a scheduled public meeting, the municipality
shall review the request to determine if the literal compliance with
any mandatory provision of the chapter is demonstrated by the applicant
to exact undue hardship or to be unreasonable or that an alternative
standard has been demonstrated to provide equal or better results,
provided that such modification will not be contrary to the public
interest and that the purpose and intent of this chapter are observed.
The applicant shall demonstrate that the alternative proposal represents
the minimum modification necessary. If the municipality determines
that the applicant has met his burden, it may grant a waiver from
the literal compliance with the terms of this chapter.
C.
Notification of Municipal Commission action.
