A chapter setting forth requirements, standards and procedures concerning the subdivision of land and land development within the Township of East Earl, Lancaster County, pursuant to the authority granted by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, and reenacted by Act 170 of 1988, and subsequent amendments.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter shall be known and may be cited as the "East Earl Township Subdivision and Land Development Ordinance."
The purpose of this chapter is to help protect and promote the health, safety and general welfare of the citizens of East Earl Township. The chapter has been enacted in conjunction with an overall-planning program in order to coordinate the development of the Township. In addition, this chapter is intended to establish guidelines for development, the type and location of streets, public grounds and other facilities; and to anticipate future construction needs and development trends.
The authority of the Board of Supervisors to adopt this chapter regulating subdivision and land development within East Earl Township is granted by Article V of the Pennsylvania Municipalities Planning Code of July 31, 1968, General Assembly Act No. 247 as reenacted and amended, by, Act 170 of 1988, and as subsequently amended, 53 P.S. 10101 et seq., hereinafter referred to as the Act, hereby enacts and ordains the following chapter governing subdivisions and land developments within the limits of East Earl Township.
A. 
This chapter shall apply to all subdivision and land development plans submitted after the effective date of this chapter.
B. 
From the time an application for approval, whether preliminary or final, is duly filed, as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of the zoning, other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application, as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
C. 
When an application for approval, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in the zoning, or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspects of the approved development in accordance with the terms of such approval within five years from such approval.
D. 
Where final plan approval is preceded by preliminary plan approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
E. 
Where the landowner has substantially completed the required improvements, as depicted upon the final plan within the aforesaid five-year limit, or any extension thereof as may be granted by the Board of Supervisors, no change of governing ordinance or plan enacted subsequent to the date of filing of the preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to zoning classification or density, lot, building, street or utility location.
F. 
In the case of a preliminary plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed with the preliminary plan delineating all proposed sections, as well as deadlines within which applications for final plan approval of each section are intended to be filed. Such schedule shall be updated annually on or before the anniversary of the preliminary plan approval, until final plan approval of the last section has been granted. Any modification in the aforesaid schedule shall be subject to approval of the Board of Supervisors in its discretion.
G. 
Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plan approval, including compliance with the schedule for submission of final plans, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period. This extended protection shall apply for an additional term or terms of three years from the date of final plan approval for each section.
H. 
Failure to adhere to the aforesaid schedule of submission of final plans for the various sections shall subject any such section to changes in zoning, subdivision and other governing ordinance enacted by the Township, subsequent to the date of the initial preliminary plan submission.
I. 
This chapter shall not affect any suit or prosecution pending or to be instituted, to enforce any provision of previous ordinances of East Earl Township, on an act done, contract executed or liability incurred prior to the effective date of this chapter, nor shall any provisions of this chapter be construed to waive the obligations imposed upon an applicant to complete a previously approved preliminary or final plan, including the installation of all improvements required hereunder, in strict compliance with the requirements of the Lancaster County Subdivision and Land Development Ordinance of 1991, or any applicable predecessor regulation.
J. 
No subdivision or land development of any lot, tract, or parcel of land in East Earl Township shall be affected; no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings thereon unless and until authorized by this chapter.
K. 
No lot in a subdivision may be sold, no permit to erect or alter any building upon land in a subdivision or land development may be issued; and no building may be erected or altered in a subdivision or land development, unless and until a final subdivision or land development plan has been approved by the Board of Supervisors and recorded, and until the improvements required in connection therewith have been either constructed or guaranteed in a manner prescribed herein.
L. 
All subdivision and land development plans are subject to the prevailing Township Zoning Ordinance,[1] and all other applicable ordinances, regulations and requirements of the Township.
[1]
Editor's Note: See Ch. 450, Zoning.
The provisions of this chapter shall be interpreted to be the minimum requirements to meet the purposes of this chapter. Where the provisions of this chapter conflict or are inconsistent with the provisions of any other chapter, regulation or requirements, the more restrictive provisions in question shall apply.