It is the intention of the Supervisors in enacting the regulations of this chapter to provide the applicant with a timely and comprehensive review of the plans submitted for subdivision and/or land development. No street, alleyway or other thoroughfare shall be affected or constructed, and no related facilities such as water mains, storm sewers or sanitary sewers shall be constructed, opened or dedicated for public or private use except in strict conformance with this chapter. No lot may be altered or further subdivided without a final subdivision plan being duly approved in accordance with the chapter, and recorded with the Lancaster County Recorder of Deeds. Furthermore, no land development can occur without a final land development plan being duly approved in accordance with this chapter and recorded with the Lancaster County Recorder of Deeds.
A.
Prior to the alteration of any lot and prior to any subdivision or land development, the applicant seeking said alteration, subdivision or land development, or an authorized agent of same shall apply for and secure approval of a final subdivision or land development plan. The procedure of such approval shall conform to the following steps:
(1)
Any applicant may request a preapplication meeting and submit a sketch plan to the Township. Applicants proposing four or more lots are highly encouraged to submit a sketch plan and arrange a preapplication meeting.
(2)
A preliminary plan shall be submitted to and approved by the Board of Supervisors for all subdivisions and/or land developments, except where noted in this chapter.
(3)
A final plan shall be submitted to and approved by the Board of Supervisors for all subdivision and/or land developments.
(4)
A lot add-on plan shall be submitted to and approved by the Board of Supervisors.
B.
Preliminary and final subdivision or land development plan submittals shall be made to the Township Secretary who shall make the appropriate distributions. All plans shall be submitted with necessary application forms and fees as determined by the Board of Supervisors of East Earl Township.
For the purpose of these regulations, the date of the next regularly scheduled meeting of the Planning Commission following the submission of preliminary or final plans and appropriate application forms and fees to the Township Secretary shall constitute the official filing date of the plan, pending placement on the meeting agenda and acceptance of the plan by the Township Secretary. It is at this time that the statutory period for the disposition of the plan, as stated in § 10508 of the Act, shall commence. In the event that the next regular meeting of the Planning Commission occurs more than 30 days following submission of the plan and application forms and fees, the official filing date shall be noted as the 13th day following submission.
A.
Initial application. The Township Secretary shall have seven days from the date of receipt 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 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 official filing date. Acceptance for filing 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.
B.
Amendments or corrections to an application. The Township Secretary shall have seven days from the date of receipt 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 Secretary determines that the amended or corrected application constitutes a substantial amendment, such as the relocation for any street or a change in the overall density of the site, the Township Secretary 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 in accordance with § 380-12 of this chapter. If the Township Secretary determines that the amended or corrected application constitutes a new plan, the Township Secretary 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 Secretary under this section to the Board of Supervisors.
The statutory review period for the disposition of any preliminary or final plan may be extended for any reason if an agreement, in writing, to such an extension is received from the applicant prior to the public meeting at which action is to be taken.
The purpose of the preapplication review and sketch plan submission is to provide the Township and the applicant the opportunity to review and discuss a proposal for a subdivision and/or land development prior to a formal submission.
A.
Preapplication meeting. Applicants are encouraged to meet with the Township Planning Commission to discuss their proposal. Any comments from the Commission shall be informal and shall not constitute approval or rejection of the plan.
B.
Sketch plan submission.
(1)
If a preapplication meeting is arranged, the applicant shall submit to the Township a sketch plan of the proposed project 10 days prior to the meeting in accordance with § 380-21 of this chapter, but shall not constitute an application for preliminary or final approval. Generally, an informal review will be scheduled for the next regular meeting of the Township Planning Commission. It is requested that the applicant be present at this meeting to discuss the plan with the Commission.
(2)
Eleven copies of the sketch plan and two copies of the Township application form shall be supplied to the Township Secretary to permit adequate distribution to other Township agencies. The Township Secretary may require additional copies if deemed necessary.
A.
Procedure. A preliminary plan for subdivision or land development as further described in § 380-22 shall be submitted to the Township Secretary along with appropriate fees, and applications as specified below:
B.
Preliminary plan applications. A preliminary plan is required for applications that propose new streets or access easements, all land development plans, and subdivision plans of four or more lots. This section shall not apply if it is determined by the Board of Supervisors that the remaining lands or any of the proposed lots are capable of being further subdivided. A preliminary plan shall not be required for additions to existing buildings where such addition will occupy less than 5,000 square feet and expansions to existing parking lots that will add 25 or fewer parking spaces. This shall apply to only one such addition or expansion per tract occurring after the effective date of this chapter.
C.
Review by the County Planning Commission. As soon as possible following the submission of the preliminary plan and accompanying Township forms and fees to the Township Secretary, the applicant shall submit one copy of the plan along with the County application (Appendix 15)[2] and fee to the Lancaster County Planning Commission for its review. No formal action shall be taken by the Board of Supervisors with respect to the preliminary plan until it has received and considered the comments of the County Planning Commission. In the event that these comments are not forthcoming within 30 days of the receipt of the plan by the County, as required by the Act, the Board of Supervisors may take action without having considered the review.
[2]
Editor's Note: Said appendix is on file in the Township offices.
D.
Review by the Township Planning Commission. The Township Planning Commission shall review the preliminary plan at the first regularly scheduled public meeting of the Commission following submission of the written review and recommendations of the Township Engineer and County Planning Commission within 45 days of the formal filing of the plan. Following completion of the review and formal action by the Township Planning Commission, the Commission shall submit a copy of its review and recommendations in writing to the Supervisors for its consideration.
E.
Review by the Board of Supervisors.
(1)
The Supervisors shall review the preliminary plan at its next regularly scheduled public meeting following the submission of the written review and recommendations of the Township Planning Commission, Township Engineer and County Planning Commission, or at some other public meeting or meetings of the Supervisors prior to the end of the statutory review period. Upon completion of its review, the Supervisors shall take one of two courses of action:
(2)
The decision of the Supervisors and a listing of plan deficiencies shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
A.
Procedure. Within five years of the approval of a preliminary plan, a final plan shall be submitted to the Township Secretary unless an extension of time may be granted by the Supervisors upon request by the applicant, in writing. Otherwise, the plan thereafter shall be considered as a new preliminary plan. Copies of the final plan, as further described in § 380-23, shall be submitted to the Township Secretary along with appropriate fees and applications as specified by the Supervisors. Each submission shall include the following:
B.
Review by the County Planning Commission. As soon as possible following the submission of the final plan and accompanying Township forms and fees to the Township Secretary, the applicant shall submit one copy of the plan along with a County application (Appendix 15)[2] and fee to the Lancaster County Planning Commission for its review. No formal action shall be taken by the Board of Supervisors with respect to the final plan until it has received and considered the comments of the County Planning Commission, in the event that these comments are not forthcoming within 30 days of the receipt of the plan by the County, as required by the Act, the Board of Supervisors may take action without having considered the review.
[2]
Editor's Note: Said appendix is on file in the Township offices.
C.
Review by the Township Planning Commission. Review of the final plans by the Township Planning Commission shall be in accordance with the procedures outlined for the review of preliminary plans in this chapter.
D.
Review and action by the Board of Supervisors. Upon receipt of the recommendations of the Township Planning Commission, Township Engineer and County Planning Commission, the Supervisors shall review the final plan at its next regularly scheduled public meeting, or at a special meeting called for that purpose and then shall approve or disapprove the plan. Formal action shall occur before the end of the statutory review period. The decision of the Supervisors and a listing of plan, deficiencies shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
E.
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 plans which shall be transparent reproductions of the original plan with black line on stable plastic base film and one set of final plans which shall be a paper copy for the Townships files. The two transparent copies of the final plan shall be certified in the following manner: Both final plans shall be presented to the Supervisors for the signature of the Chairman and the Vice Chairman or their designees. (See Appendix 6.[3]) Final plan will not be signed by the Supervisors if submitted more than 90 days from the Supervisors' final approval action unless the Supervisors grant a waiver by extending the effective time period of the approval.
[3]
Editor's Note: Said appendix is on file in the Township offices.
F.
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. No plan shall be recorded unless it has been signed by the Chairman of the Board of Supervisors and bears the stamp of the Lancaster County Planning Commission.
(2)
Should the applicant fail to record the final plan within 90 days of the Supervisors' final plan approval, the Supervisors' action on the plan shall be null and void unless the Supervisors have granted a waiver by extending the effective time period of the approval.
In the event that a subdivision or land development is to be constructed in phases, the final plan requirements shall apply only to those phases for which final approval is being sought.
A.
Procedure for processing revised subdivision and/or land development plans. Any replatting or resubdivision of recorded or unrecorded plans, without a waiver, 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 Township regulations.
(2)
No structure shall be relocated which does not meet the minimum design standards required by this chapter 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 Township Secretary two black on white or blue on white paper copies of the revised final plan and one application form (Appendix 11[1]). Upon review of the revision, the Township Planning Commission will, in writing, advise the applicant whether or not the revision complies with the above.
[1]
Editor's Note: Said appendix is on file in the Township offices.
(2)
If the revision complies, the applicant shall prepare two plans for recording, and which shall specifically identify the alteration(s) to the previously recorded plan.
(3)
The applicant shall then submit the plan to the Township Board of Supervisors for review and signatures, if found to be in conformance with the provisions of this chapter.
C.
In addition to submitting the required material in accordance with this chapter, the applicant shall file with the Township Secretary required number of copies of plans, supporting information and all filing fees required by the Township. The applicant shall complete Appendix 15[2] of this chapter, obtain the signature of the Township Secretary, and submit one copy of the plan and the fee, paid by the developer, to the Lancaster County Planning Commission. The Township shall not take formal action on the plan until comments have been received from the County or the County's thirty-day review period has expired.
[2]
Editor's Note: Said appendix is on file in the Township offices.
D.
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 chapter. 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 § 380-24 of this chapter and one application form. (See Appendix 11.[3]) Upon review of the revision, the Township Planning Commission will, in writing, advise the applicant whether or not the proposal qualifies as a lot add-on.
[3]
Editor's Note: Appendices mentioned herein are on file in the Township offices.
(2)
If the plan qualifies, the applicant shall prepare two plans for recording and one set of paper copies of the plan for the Board of Supervisors files. The two Mylar copies of the plan shall be certified by the Township. (See Appendix 7.) 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.
E.
Procedure for processing a minor residential subdivision plan. An applicant may at his discretion concurrently submit preliminary and final plans to the Board of Supervisors for residential subdivision plans proposing fewer than four lots, which do not propose new streets or access easements. This section shall not apply if it is determined by Board of Supervisors that the remaining lands or any of the proposed lots are capable of being further subdivided.
F.
In addition to submitting the required material, in accordance with § 380-17A of this chapter, the applicant shall file with the Township Secretary the required number of copies of plans, supporting information and all filing fees required by the Township. The applicant shall complete Appendix 15[4] of this chapter, obtain the signature of the Township Secretary, and submit one copy of the plan and the fee, paid by the developer, to the Lancaster County Planning Commission. The Township shall not take any formal action until comments have been received from the County or the County's thirty-day review period has expired.
[4]
Editor's Note: Said appendix is on file in the Township offices.
G.
Auction sale. In the case of the proposed subdivision of land by process of auction sale, the following procedure is recommended:
(2)
The sketch plan should be designed in accordance with the standards of Article VI, Design Standards, of this chapter and shall be submitted to the Township for review. Additionally, the following notation should be included on the plan:
"The property is intended to be sold by auction on or about __________, 20_____, in whole or in part according to this plan. Sale of lots at such auction shall be in the form of agreement to purchase, and no transfer of ownership or interest in such lots shall proceed until a final plan showing such division of property shall have been approved in accordance with this chapter and recorded in the office of the Lancaster County Recorder of Deeds."
(3)
The auction sale may then proceed in accordance with the above notation, after which the applicant shall prepare and submit plans in accordance with this chapter.
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 be made prior to or 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, 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 § 380-21.)
(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 plan.
(3)
Requests for waivers shall be considered by the Board of Supervisors at a public meeting which is at least seven days after the submission of the waiver request.
B.
Township action. The Board of Supervisors 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. The applicant shall demonstrate that an alternative proposal will allow for equal or better results and represents the minimum modification necessary. If the Board of Supervisors 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 Township action.
(1)
After the meeting at which the waiver was reviewed by the Board of Supervisors, the Township shall send notice of the Township's action to the following individuals:
(2)
If the Township denies the request, the Township shall notify the applicant, in writing, of the reason for denial. If the Township grants the request, the final plan shall include a note that identifies the specific waiver as granted, including any conditions attached thereto.