This article sets forth the application requirements for obtaining approval of subdivision and land developments. The form of the various plans referred to in this article and information required to be forwarded with such plans shall be as specified in Article IV.
Applicants are urged to discuss possible development sites and plans with the staff of the Township prior to 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 Township staff. Submission of a sketch plan is optional and will not constitute formal filing of a plan with the Township.
A. 
Pre-application plans and data procedure. Prior to the preparation and filing of the preliminary plan for subdivision or land development, the applicant may submit to the Township Manager the following plans and data, which shall be forwarded to the planning Commission for consideration. The plans shall include those elements which should be considered in the design of the subdivision or land development. These shall include any features of the Township's future land use plan, thoroughfares plan, community facilities plan, or of any plans of the Township, including, but not limited to, proposed streets, recreation areas, drainage reservation, future school sites and public areas. A specific site analysis shall be provided which highlights man-made and natural features. The analysis should include information pertaining to soil types and stability, wetlands, scenic vistas, watercourses, drainage patterns, slope, transportation patterns and systems, including deficiencies of existing roadways, public utilities, recreational facilities, and any other features of the site and nearby areas which may be interlaced or impacted by the proposed development and land use.
B. 
Submission of pre-application (sketch) plans. Prospective applicants submitting a pre-application plan for review by the Planning Commission shall include those items listed in § 401 of this ordinance. Plans shall be considered for informal review and discussion and shall not constitute formal filing of the plan with the Township. Plans shall be submitted 10 days prior to the regularly scheduled monthly meeting of the Planning Commission. The applicant may proceed to the preliminary plan process following the meeting with the Planning Commission. The applicant shall attempt to follow any comments or concerns of the Planning Commission and staff and attempt to address these items in the preliminary plan.
All applications for approval of a subdivision plan, land development plan, or improvement construction plan shall be made by the developer filing an application form, to be supplied by the Township Manager, together with the appropriate plans, studies, reports, supporting data and required filing fee, with the Township Manager.
A. 
Initial application. The Township Manager 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 information required by this ordinance. If defective, the application may be returned to the applicant with a statement of rejection within the seven-day period; 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. The applicant may appeal a decision by the Township Manager under this section to the Board.
B. 
Amendments or corrections to an application. The Township Manager shall have seven days from the date of submission to examine amended or corrected applications filed to determine whether such amended or corrected application results in a substantial amendment to the plan or in the filing of a plan so changed as to be considered a new plan. If the Township Manager determines that the amended or corrected application constitutes a substantial amendment, he/she shall so inform, the applicant and shall inform the applicant that the Township shall consider the ninety-day review procedure to have been restarted as of the date of the filing of the substantial amendment. If the Township Manager determines that the amended or corrected application constitutes a new plan, he/she shall so inform the applicant and shall inform the applicant that a new application and new fees are required. The applicant may appeal a decision by the Township Manager under this section to the Board.
A. 
Preliminary plan application. With the exceptions noted in § 308 of this ordinance, a preliminary plan is required for applications which propose new streets, all land development plans, and subdivision plans of three or more lots. All other plans may be submitted as final plans in accordance with § 306.
1. 
Preliminary plans may be filed with the Township Manager on any business day; however, the Planning Commission may review a plan at a particular meeting only if the plan was filed at least 15 calendar days prior to that meeting.
2. 
In addition to submitting the required material in accordance with § 305(B), the applicant shall file with the Township Manager the required number of copies of plans, supporting information, and all filing fees as required by the Township, plus documentation that plans have been properly filed with the County Planning Commission.
B. 
Application requirements. All preliminary plan applications shall include the following:
1. 
Five copies of the preliminary plan. All plans shall be either black-on-white or blue-on-white paper prints.
2. 
Five copies of all reports, notification and certifications which are not provided on preliminary plan.
3. 
Five copies of the application form (see Appendix No. 10).[1]
[1]
Editor's Note: Appendix 10 is included as an attachment to this chapter.
4. 
Filing fee (see schedule available at the Township Office).
5. 
All reports and plans required by the Township Stormwater Management Ordinance.[2]
[2]
Editor's Note: See Ch. 122, Stormwater Management.
C. 
Planning Commission review process.
1. 
At the first meeting of the Planning Commission no action will be taken for most applications. The plan will 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 and Township engineer are available.
2. 
The Planning Commission may discuss the preliminary plan application with the developer or his agent at the next regular meeting and will review the application to determine if it meets the standards set forth in the Ordinance. The preliminary plan shall then be submitted by the Planning Commission together with its analysis and recommendations, including those of the Township staff and engineer to the Board.
D. 
Review by the Township staff.
1. 
The Zoning Officer, Township Manager, and any Township personnel as directed by the Board shall review the application documents to determine if they are in compliance with this ordinance, the Zoning Ordinance,[3] Comprehensive Plan and the Township planning objectives and accepted planning standards. These personnel shall provide comments and recommendations, including written findings when directed by the Board.
[3]
Editor's Note: See Ch. 145, Zoning.
2. 
The Township Engineer shall review the application documents to determine compliance with this ordinance, Township Stormwater Management Ordinance;[4] and any other applicable Township Ordinances, Township standards and good engineering practices. He/she shall prepare a written report of his findings and recommendations.
[4]
Editor's Note: See Ch. 122, Stormwater Management.
E. 
Board review process.
1. 
All applications for approval of a plan shall be acted upon by the Board. The Board 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 or 90 days following the date of the regular meeting of the Planning Commission next following the application filing; provided, however, 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.
2. 
Plans will be presented by the Township staff at the regular meeting of the Board following the first presentation of the plan to the Planning Commission. Following complete review of the Planning Commission, including its recommendations, the Board will place the plan on its agenda for review and action.
F. 
Notification of Board of Supervisors action. The decision of the Board 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, or such later date as may be required by the Municipalities Planning Code.
1. 
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.
2. 
Failure of the Board 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 like effect.
G. 
Compliance with the Board of Supervisors action. If the Board conditions its preliminary 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 Township for approval. Such data shall be submitted to the Board within 90 days of their conditioned approval, unless the Board grants a waiver by extending the effective time period.
H. 
Board of Supervisors approval and certification. The Board 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 Township for acknowledgement through a formal statement on the plan (See Appendix No. 4).[5]
1. 
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.
[5]
Editor's Note: Appendix 4 is included as an attachment to this chapter.
A. 
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:
1. 
The receipt of an unconditional preliminary plan approval in accordance with § 305 of this ordinance, when a preliminary plan approval is required.
2. 
The completion of the improvements required by this ordinance in accordance with the improvement construction plan procedure stated in § 307 of the Ordinance, when the improvements are not assured by the posting of financial security as provided in Article V of this ordinance.
B. 
Final plan applications.
1. 
Final plans may be filed with the Township Manager on any business day; however, the Planning Commission will review a plan at a particular meeting only if the plan was filed at least 15 business days prior to that meeting.
2. 
In addition to submitting the required material in accordance with Subsection C of this section, the applicant shall file with the Township Manager the required number of copies of plans, supporting information and all filing fees required by the Township plus documentation that plans have been properly filed with the County Planning Commission.
3. 
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.
4. 
The Board 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 shall determine whether a modified final plan will be accepted or whether a new preliminary plan shall be submitted.
C. 
Application requirements. All final plan applications shall include the following:
1. 
Five copies of the final plan. All plans shall be either black-on-white or blue-on-white paper prints.
2. 
Five copies of all reports, notifications and certificates which are not provided on the final plan.
3. 
Five copies of the application form (see Appendix No. 10).[1]
[1]
Editor's Note: Appendix 10 is included as an attachment to this chapter.
4. 
Filing fee (see schedule available at the Township).
5. 
One copy of all applicable supplementary data, notices and certifications required in § 405E of this ordinance.
D. 
Plan requirements. All final plans shall be prepared in conformance with the provisions of § 405 of this ordinance.
E. 
Township action.
1. 
In general, the Planning Commission will schedule the final plan application for action at a regular meeting which is at least 15 calendar days following the filing of the application by the applicant. The Planning Commission will discuss the final plan application with the developer or his agent at a regular meeting and will review the application to determine if it meets the standards set forth in this ordinance. The final plan application shall be submitted by the Planning Commission, together with its analysis and recommendations, to the Board for consideration.
2. 
All applications for approval of a plan shall be acted upon by the Board who 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 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.
3. 
Final plan approval will be effective for 90 days from the date of the Board's action on the final plan, unless the Board 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 § 306H of this ordinance; and record plans as specified in § 306I of this ordinance.
F. 
Notification of Board of Supervisors action. The decision of the Board 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, or such later date as may be required by the Municipalities Planning Code. 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. Failure of the Board to render a decision and communicate it to the applicant within the time and in the manner required herein 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 of 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 like effect.
G. 
Compliance with Board of Supervisors action. If the Board conditions its final 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 Township for approval. Such data shall be submitted to the Board within 90 days of their conditional approval, unless the Board grants a waiver by extending the effective time period.
H. 
Final plan certification. After the Board'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 either black ink on tracing cloth or transparent reproductions of the original plan with black line on cloth or stable plastic base film and one set of final plans which 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 for the signature of the Chairman and Vice Chairman or their designees (See Appendix No. 6)[2] Final plans will not be signed by the Board if submitted more than 90 days from the Board's final approval action unless the Board grants a waiver by extending the effective time period of the approval.
[2]
Editor's Note: Appendix 6 is included as an attachment to this chapter.
I. 
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. Should the applicant fail to record the final plan within 90 days of the Board's final plan approval, the Board's action on the plan shall be null and void unless the Board grants a waiver by extending the effective time period of the approval.
1. 
The final plan shall be filed with the Lancaster County Recorder of Deeds before proceeding with the sale of lots, and proof of such recording provided to the Township.
2. 
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 § 307 of this ordinance.
3. 
No subdivision or land development plan may be recorded unless it bears the endorsement of the Board.
J. 
Effect of recording of final plan. Recording the final plan, after approval of the Board, 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 § 405E(12) of this ordinance. However, the approval of the Board shall not impose any duty upon the Commonwealth, County, or Township concerning acceptance, maintenance, or improvement of any such dedicated areas or portion of same until the proper authorities of the Commonwealth, County, or Township actually accept same by ordinance or resolution, or by entry, use, or improvement.
1. 
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, Township nor any applicable authorities shall assume any right to accept ownership of such land or right-of-way.
A. 
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.
1. 
Improvement construction plans may be filed with the Township Manager on any business day; however, the Board will review a plan at a particular meeting only if the plan was filed at least 15 calendar days prior to that meeting.
2. 
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.
3. 
The Board 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 shall determine when a modification will require a revised preliminary plan.
B. 
Application requirements. All improvement construction plan applications shall include the following:
1. 
Five copies of the improvement construction plan. All plans shall be either black-on-white or blue-on-white paper prints.
2. 
Five copies of all reports, notifications, and certificates which are not provided on the improvement construction plan.
3. 
Five copies of the application form (see Appendix No. 11).[1]
[1]
Editor's Note: Appendix 11 is included as an attachment to this chapter.
4. 
Filing fee (see fee schedule available at the Township).
5. 
One copy of all applicable supplementary data, notices, and certificates required in § 405 of this ordinance.
C. 
Plan requirements. All improvement construction plans shall be prepared in conformance with the provisions of § 405 of this ordinance, with the exception of § 405E(3), (7), and (11).
D. 
Township action. In general, the Board will schedule the improvement construction plan application for action at its first regular meeting which is at least 15 calendar days following the filing of the application by the applicant. The Board will discuss the improvement construction plan application with the developer or his agent at its regular meeting and will review the application to determine if it meets the standards set forth in this ordinance. All applications for approval of a plan shall be acted upon by the Board who shall render its decision and communicate it to the applicant not later than the greater of the period of time authorized by the Municipalities Planning Code or 90 days following the date of the regular meeting of the Board 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.
E. 
Notification of the Board of Supervisors action. The decision of the Board 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, or such later date as may be authorized by the Municipalities Planning Code.
1. 
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.
2. 
Failure of the Board to render a decision and communicate it to the applicant within the time and in the manner required herein 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 of 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 like effect.
3. 
If the application is disapproved, the Board will notify the above individuals, in writing, of the defects in the application and will identify the requirements which have not been met, through citing provisions of the statute or ordinance relied upon.
F. 
Compliance with the Board of Supervisors action. If the Board conditions improvement construction plan approval upon receipt of additional information, changes and/or notification, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted to the Board for approval. Such data shall be submitted to the Board within 90 days of their conditional approval, unless the Board grants a waiver by extending the effective time period.
G. 
Improvement construction plan certification and construction authorization. After the Board's approval of the improvement construction plan and the required changes, if any, are made, the applicant shall proceed to prepare two plans which shall be either black ink on tracing cloth or transparent reproductions of the original plan with black line on cloth or stable plastic base film. These plans shall be certified in the following manner:
1. 
Both improvement construction plans shall be presented to the Board for the signature of the Chairman and Vice-Chairman or their designees (See Appendix No. 5).[2] Improvement construction plans will not be signed by the Township if submitted more than 90 days from the Board's approval action unless the Board grants a waiver by extending the effective time period of the approval.
[2]
Editor's Note: Appendix 5 is included as an attachment to this chapter.
2. 
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 municipal and/or Commonwealth approvals and permits, grant the authority to install the improvements required as part of this ordinance.
3. 
Following the Board's certification of the improvement construction plan, one copy of the plan will be retained by the Board and the remaining copy will be available to the firm which prepared the plan.
4. 
Improvement construction plan approval will be effective for a five-year period from the date of the Board's approval action. Construction must be completed and a final plan application must be submitted within five years of the improvement construction plan approval, or else the plan approval will become null and void unless the Board grants a waiver by extending the effective time period of the approval.
H. 
Completion of improvements. Upon completion of the improvements required by this ordinance, the applicant may proceed to submit a final plan and application, which shall include a notice of approval of the improvements by the authority which is to accept the improvement. (See Appendix No. 13.)[3]
[3]
Editor's Note: Appendix 13 is included as an attachment to this chapter.
A. 
Procedure for processing 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 ordinance, 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 ordinance and existing Township regulations.
2. 
No structure shall be relocated which does not meet the minimum design standards required by this ordinance and existing Township regulations.
3. 
No increase is made in the overall density.
4. 
The stormwater management facilities are not altered in a manner which significantly 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.
B. 
In every case where a plan alteration conforms to the above, the applicant shall:
1. 
Submit to the Board two black-on-white or blue-on-white paper copies of the revised final plan and one application form (see Appendix No. 10).[1] Upon review of the revision, the Board will, in writing, advise the applicant whether or not the revision complies with the above.
[1]
Editor's Note: Appendix 10 is included as an attachment to this chapter.
2. 
If the revision complies, the applicant shall prepare two plans which shall be either black ink on tracing cloth or a transparent reproduction of the original plan with black line on cloth or stable plastic base film, and which shall specifically identify the alteration(s) to the previously recorded plan.
3. 
The applicant shall then submit the plan to the Board for signature as specified in § 306 of this ordinance. (See Appendix No. 6[2].)
[2]
Editor's Note: Appendix 6 is included as an attachment to this chapter.
4. 
The plans shall then be recorded as specified in § 306I of this ordinance.
C. 
In addition to submitting the required material, in accordance with Subsection 308B of this section, the applicant shall file with the Township Manager the required number of copies of plans, supporting information and all filling fees required by the Township plus documentation that plans have been properly submitted to the County Planning Commission.
D. 
Preliminary/final plans. In case of a subdivision plan of not more than three lots, neither of which requires provisions for a new street, the applicant may, at his discretion, concurrently submit preliminary and final plans for action at the Board meeting. All other plans shall be submitted in accordance with § 305 of this ordinance.
E. 
Procedure for processing a lot add-on. 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 that the proposal does not alter a subdivision plan of record, create additional lots, or result in a nonconformity with the design standards found in Article VI of this ordinance. In every case where a proposal conforms to the above, the application shall comply with the following procedures:
1. 
The applicant shall submit to the Township two black-on-white or blue-on-white paper copies of a lot add-on plan prepared to the standards specified in § 404 of this ordinance and one application form (see Appendix No. 10).[3] Upon review of the revision, the Board will, in writing, advise the applicant whether or not the proposal qualifies as a lot add-on.
[3]
Editor's Note: Appendix 10 is included as an attachment to this chapter.
2. 
If the plan qualifies, the applicant shall prepare two plans for recording, which shall be either black ink on tracing cloth or 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's files. The two transparent copies of the plan shall be certified by the Board (see Appendix No. 7).[4] The applicant shall record the plans with the Lancaster County Recorder of Deeds. These plans shall be filed with the Lancaster County Recorder of Deeds prior to the execution of a deed for the land.
[4]
Editor's Note: Appendix 7 is included as an attachment to this chapter.
3. 
In addition to submitting the required material in a accordance with Subsection 308E of this section, the applicant shall file with the Township Manager the required number of copies of plans, supporting information and all filling fees required by the Township plus documentation that plans have been properly submitted to the County Planning Commission.
A. 
Application requirements. A request for a waiver may be submitted to the Township at any time. All requests shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 401) and a statement which may be included on the plan and shall identify:
1. 
The specific section of this ordinance which is requested to be waived.
2. 
Provisions proposed as an alternate to the requirements.
3. 
Justification for the waiver.
B. 
Township action.
1. 
In general, the Planning Commission will schedule a request for a waiver for action at a regular meeting which is at least 15 calendar days following the filing of the application by the applicant. The Planning Commission will review the request to determine if compliance with the provisions of the Ordinance creates an undue hardship or appears to be unreasonable as it applies to the particular property or if the applicant demonstrates that an alternative proposal will allow for equal or better results, and take such action as it shall deem necessary or advisable in the public interest.
2. 
The request for a waiver and accompanying documentation shall be submitted by the Planning Commission, together with its analysis and recommendations, to the Board for consideration. All applications for approval of a waiver shall be acted upon by the Board who shall render its decision and communicate it to the applicant in accordance with the requirements of the Municipalities Planning Code.
C. 
Notification of action of Board of Supervisors. After the meeting at which the waiver was reviewed, the Board shall send a written notice of the Board's action to the applicant at his last known address not later than 15 days following the decision, or such later date as may be authorized by the Municipalities Planning Code. If the Board denies the request, the Board will notify the above individual, in writing, of the justification for denial. If the Board grants the request, the final plan shall include a note which identifies the specific waiver as granted.