Hereafter, tentative subdivision and land development plans
shall be reviewed by the Borough Planning Commission and the County
Planning Commission and shall be approved or disapproved by the Borough
Council in accordance with the procedure specified in this article
and in other sections of this chapter. Any approval not processed
as required shall hereafter be null and void unless it was made prior
to the adoption of these regulations.
A.
It is the intent of these regulations to provide for a complete and
thorough review of all proposed subdivisions, as such review is deemed
essential to the community interest.
B.
An extension of time may be requested in writing by any developer
and shall be given serious consideration by Council. All requests
for extensions shall list a date certain for the expiration of time
limitation.
A.
A sketch plan for all proposed subdivisions of land located within
the Borough may be submitted by the applicant to the Borough Planning
Commission for review. The application shall be filed with the inspector
designated by the Borough Council, and such application shall be filed
no earlier than 10 days before the next regular meeting of the Planning
Commission. Upon receipt of application, the inspector shall immediately
send one copy to the Lancaster County Planning Commission.
C.
The Borough Secretary shall give notice in a newspaper of general
circulation in the Borough that the Borough Council will review this
subdivision proposal at their next meeting and give the date of that
meeting.
D.
Upon submission of a sketch plan, the Planning Commission shall classify
the proposed subdivision as a minor subdivision and land development,
hereinafter referred to as a "minor subdivision," or a major subdivision
and land development, hereinafter referred to as a "major subdivision,"
as defined in these regulations.
E.
In the case of a minor subdivision, the applicant shall follow the procedures specified in § 355-411, Plans exempted from standard procedures.
F.
In the case of a major subdivision, the standard procedures shall
be followed.
A.
Review of sketch plan by Lancaster County Planning Commission. The
Lancaster County Planning Commission shall review the sketch plan
and forward their written comments to the Borough's Planning
Commission and Council, as provided in the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
By Borough Planning Commission.
(1)
At a meeting of the Planning Commission held within 10 days
of the submission of the sketch plan, the Commission shall:
(2)
Within 10 days of said meeting, or at said meeting, the Planning
Commission shall evaluate the applicant's submission and determine
whether or not the submission meets the objectives and requirements
of these regulations. A report shall be prepared for use by Borough
Council. Copies of the report shall be distributed as follows:
C.
By the Borough Council.
(1)
At the regularly scheduled meeting, the Borough Council shall
review the plan and the written report of the Borough Planning Commission.
The Borough Council shall also review the report of the County Planning
Commission, and shall not make any decision on the application until
the County's report is received or until the expiration of the
time limitations for receipt of comments from the County as provided
in the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
A written report shall be prepared specifying the reasons for
rejection or the required modifications should either be the case,
and citing the relevant parts of the regulations and statutes.
(5)
The Borough Council shall designate a copy of the sketch plan
as the official copy. This copy shall include all necessary corrections
as required by the Borough Council. It shall be retained in the Borough
files.
A.
The preliminary plan shall conform to the most recent administrative
regulations adopted by the Borough Council for such purposes.
C.
The submission shall be filed 25 days prior to the regularly scheduled
meeting of the Borough Council at which the applicant wishes consideration.
D.
The submission shall be made to the Zoning Officer no earlier than
10 days before the regular meeting of the Planning Commission. The
Inspector shall check for quantitative compliance with these regulations.
If the submission complies, required fees shall be collected and a
receipt issued. Copies of the plan shall then be distributed as follows:
(1)
To the Borough Planning Commission. Two copies of the plan,
one copy of the "Application for Review," and one copy of all other
required information.
(2)
To the County Planning Commission. Seven copies of the plan,
seven copies of the "Application for Review," and seven copies of
all other required information.
(3)
To the Borough Engineer. One copy of the plan and one copy of
all other required information.
(4)
To the Borough Council. Two copies of the plan and one copy
of the "Application for Review."
E.
The Secretary shall give notice in a newspaper of general circulation
in the Borough that the Borough Council will review this subdivision
proposal at their meeting and give the date of that meeting.
A.
By the County Planning Commission. The County Planning Commission shall review the Preliminary Plan in accordance with the procedure established in § 355-405.
C.
By Borough Planning Commission.
(1)
Within 10 days of their receipt of the plan, the Borough Planning
Commission shall meet to review the plan. At that meeting, the Planning
Commission shall:
(2)
At the above meeting, or at the next Planning Commission meeting
following the review by the engineer, the Planning Commission shall
evaluate the plan and prepare a written report for use of the Borough
Council in reviewing the plan.
(3)
In addition, the Planning Commission shall transmit the Borough
Council one copy of the plan showing all suggested modifications or
changes and one copy of the required additional information and plans.
D.
By the Borough Council.
(1)
At a meeting of the Borough Council, Council shall review the
plan and the written reports of the Lancaster County Planning Commission,
the Borough's Planning Commission and the Borough Engineer. Council
shall not make any decision on the application until the County's
report is received or until the expiration of time limits set forth
in the Pennsylvania Municipalities Planning Code[1] for action on said submittal by the County. The Council
shall then, within the time limits set forth in the Pennsylvania Municipalities
Planning Code, determine whether the plan meets the objectives and
requirements of the regulations and:
(a)
Approve the plan as submitted;
(b)
Approve the plan subject to required modifications as provided
in the Pennsylvania Municipalities Planning Code, or
(c)
Reject the plan.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
A written report shall be prepared specifying the reasons for
rejection or the required modifications should either be the case,
and citing the relevant parts of the regulations and statutes.
(3)
Within 15 days such report shall be forwarded to:
Applicant
County Planning Commission
Borough Planning Commission
Other interested parties
(4)
The Borough Council shall designate a copy of the preliminary
plan as the official copy. This copy shall include all necessary corrections
as required by the Borough Council. It shall be retained in the Borough
files.
A.
Within five years after approval of the preliminary plan, a final
plan and all necessary supplementary data shall be officially submitted
to the Borough Secretary. However, an extension of time may be granted.
B.
The final plan shall conform to the most recent administrative regulations
adopted by the Borough Council for such purposes.
C.
The Borough Council may permit submission of the final plan in sections,
each covering a reasonable portion of the entire proposed subdivision
as shown on the approved preliminary plan.
D.
E.
The Zoning Officer shall insure that all fees have been paid, that
necessary performance bonds have been received, and shall check the
plan for quantitative compliance with these regulations. A receipt
shall then be issued for the plan. The Zoning Officer shall then forward
all final plan documentation to the Planning Commission except one
copy of the "Application for Review" and one print of the final plan.
F.
The Secretary of the Borough Planning Commission and Zoning Officer
shall check the final plan to insure that required changes have been
made and shall then distribute copies of the plan as follows:
(1)
To the Quarryville Borough Planning Commission. Two copies of
the plan, one copy of the "Application for Review," and one copy of
all other required information.
(2)
To the Lancaster County Planning Commission. Four copies of
sheet one of the plans, unless sheet one does not by itself identify
the entire site. One more copy of sheet one if the proposal abuts
a State Road. One set of the plans. One copy of all reports, notifications
and certificates not provided on the plans that have been submitted
to the Borough. One review request (as identified in Appendix 21 of
the Lancaster County Subdivision and Land Development Ordinance, as
amended) signed by the Borough Secretary or other authorized Borough
Official. Filing fee (see schedule available from the County Planning
Commission).
(3)
To the Borough Engineer. One copy of the plan and one copy of
all other required information.
(4)
To the Borough Council. Two copies of the plan and one copy
of the "Application for Review."
A.
By the County Planning Commission. The County Planning Commission shall review the final plan in accordance with the procedure established in § 355-405.
C.
By Borough Planning Commission. At the above meeting, or at the next
Planning Commission meeting following the review by the engineer,
the Planning Commission shall evaluate the plan and prepare a written
report for use of the Borough Council in reviewing the plan.
D.
By the Borough Council.
(1)
At the meeting of the Borough Council, Council shall review
the plan and the written reports of the Lancaster County Planning
Commission, the Borough's Planning Commission and the Borough
Engineer. Council shall not make any decision on the application until
the county's report is received or until the expiration of time
limits set forth in the Pennsylvania Municipalities Planning Code[1] for action on said submittal by the county. The Council
shall then, within the time limits set forth in the Pennsylvania Municipalities
Planning Code, determine whether the plan meets the objectives and
requirements of the regulations and:
(a)
Approve the plan as submitted;
(b)
Approve the plan subject to modifications as provided in the
Pennsylvania Municipalities Planning Code; or
(c)
Reject the plan.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
A written report shall be prepared specifying the reasons for
rejection or the required modifications should either be the case,
and citing the relevant parts of the regulations and statutes.
(3)
Within 15 days, such report shall be forwarded to:
Applicant
County Planning Commission
Borough Planning Commission
Other interested parties
(4)
The Borough Council shall designate one print and one tracing
of the final plan as the official copy. This copy shall include all
necessary corrections required by the Borough Council. It shall be
retained in the Borough files.
(5)
Copies of the final plan as finally approved with the appropriate
endorsement of the Borough Council and the Borough Planning Commission
shall be distributed as follows:
E.
Completion of improvements or guarantee.
(1)
No plat shall be finally approved unless the streets shown on
such plat have been improved to a mud-free or otherwise permanently
passable condition, or improved as may be required by this chapter
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with this chapter.
(2)
In lieu of the completion of any improvements required as a
condition for the final approval of a plat, including improvements
or fees required pursuant to Section 509(i) of the Pennsylvania Municipalities
Planning Code,[2] developer shall deposit with the Borough financial security
in an amount sufficient to cover the costs of such improvements or
common amenities including, but not limited to roads, stormwater detention
and/or retention basins and other related drainage facilities, open
space improvements, or buffer or screen plantings which may be required.
[2]
Editor's Note: See 53 P.S. § 10509(i).
(3)
When requested by the developer, in order to facilitate financing,
Council shall furnish the developer with a signed copy of a resolution
indicating approval of the final plat contingent upon the developer
obtaining a satisfactory financial security. The final plat or record
plan shall not be signed nor recorded until the financial improvement
agreement is executed. The resolution or letter of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days unless a written extension
is granted by the Council; such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the developer.
(4)
Financial security.
(a)
The form of security acceptable to Council shall be federal-
or commonwealth-charted lending institution unconditional irrevocable
letters of credit in the form attached hereto as Appendix I or in
such form as shall be approved by the Borough's solicitor or
escrow accounts in such lending institutions. Each developer shall
enter into an Improvement Agreement on the form attached as Appendix
II or on such form as the Borough Solicitor shall direct.[3]
[3]
Editor's Note: Said appendixes are included as attachments
to this chapter.
(b)
A developer may submit other forms of financial security to
Council and the Borough's Solicitor for review at the sole expense
of developer, but Council shall have no duty to accept said forms
of security until Council and its Solicitor, in their sole and uncontrolled
discretion, believe that said security provides at least as much protection
to the Borough as a federally or commonwealth-chartered lending institution's
irrevocable letter of credit.
(5)
Such financial security shall be posted with a bonding company
or federal- or commonwealth-chartered lending institution chosen by
the party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
(6)
Such bond or other security shall provide for and secure to
the public the completion of any improvements which may be required
on or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
(7)
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the Borough shall adjust the
amount of the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost of the
improvements as of the expiration of the 90th day after either the
original date scheduled for completion or a rescheduled date of completion.
Subsequent to said adjustment, the Borough may require the developer
to post additional security in order to assure that the financial
security equals said 110%. Any additional security shall be posted
by the developer in accordance with this subsection.
(8)
The amount of financial security required shall be based upon
an estimate of the cost of completion of the required improvements,
submitted by an applicant or developer and prepared by a professional
engineer licensed as such in this commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The Borough,
upon the recommendation of the Borough Engineer, may refuse to accept
such estimate for good cause shown, if the applicant or the developer
and the Borough are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this commonwealth and chosen mutually by the Borough
and the applicant or developer. The estimate certified by the third
engineer shall be presumed fair and reasonable and shall be the final
estimate. In the event that a third engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Borough
and the applicant or developer.
(9)
If the party posting the financial security requires more than
one year from the date of posting of the financial security to complete
the required improvements, the amount of financial security shall
be increased by an additional 10% for each one-year period beyond
the first anniversary date from posting of financial security or to
an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
one-year period by using the above bidding procedure.
(10)
Where the Council accepts dedication of all or some of the required
improvements following completion, Council shall require the posting
of financial security to secure structural integrity of said improvements
as well as the functioning of said improvements in accordance with
the design and specifications as depicted on the final plat for a
term not to exceed 10 months from the date of the acceptance of dedication.
Said financial security shall be of the same type as otherwise required
in this section with regard to installation of such improvements,
and the amount of the financial security shall not exceed 15% of the
actual cost of the installation of said improvements.
(11)
If water mains or sanitary sewer lines, or both, along with
apparatus or facilities related thereto, are to be installed under
the jurisdiction and pursuant to the rules and regulations of a public
utility or municipal authority separate and distinct from the Borough,
financial security to assure proper completion and maintenance thereof
shall be posted in accordance with the regulations of the controlling
public utility or municipal authority and shall not be included within
the financial security as otherwise required by this section.
A.
After completion of these procedures, all endorsements shall be indicated
on the record plan and on as many other copies of the final plan as
may be desired. No subdivision plan may be legally recorded unless
it bears the seal of the municipality.
B.
The record plan shall be a clear and legible reproducible tracing
on linen or dimensionally stable film.
C.
After endorsement by the Borough, the subdivider shall file the record
plan with the County Recorder of Deeds within 90 days of the date
of final approval by the Borough. If the subdivider fails to record
the final plan within such period, the action of the Borough shall
be null and void, unless an extension of time is granted in writing
by the Borough upon written request by the subdivider.
A.
In the case of any new proposed subdivision which has been classified
as a minor subdivision, the following procedure may be followed.
(1)
The subdivider shall follow the procedure for approval of a
sketch plan, except that drawings submitted for review shall contain
the necessary spaces for signature endorsements.
(2)
Following receipt of notification that the sketch plan has been
reviewed by the Borough Planning Commission, including any recommended
or required changes or modifications, the subdivider shall deliver
to the Borough a performance bond as required for a preliminary plan.
(3)
Following the sketch plan approval, the subdivider may then
prepare a final plan sufficient to meet the requirements of this chapter.
B.
In the case of proposed subdivision of land by process of auction
sale, the following procedure may be used by the subdivider.
The subdivider shall prepare and submit a preliminary plan,
which, in addition, shall contain the following notation:
This 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 actual transfer of ownership or interest in such lots shall
proceed until a final plan showing such division of property shall
have been approved by the Borough Council in accordance with its regulations,
and recorded in the office of the County Recorder of Deeds.
The auction shall then proceed in accordance with the above
notation, after which the subdivider shall prepare and submit a final
plan in accordance with these regulations.
A.
These regulations shall not be construed to require an applicant
to comply with subdivision procedures in each and every case for minor
shifts in lot lines because of excessive topography or similar types
of development problems. For purposes of review, however, the Borough
Council shall be solely responsible for review and approval of resubmissions
involving lot line changes. If major street changes or other modifications
to easements or rights-of-way are involved, the County Planning Commission
shall be notified and its recommendations considered.
B.
In making any alterations, the following shall be observed:
(1)
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by the Chapter 420, Zoning;
(2)
Easements reserved for drainage shall not be changed;
(3)
No lot shall be created which does not abut a street;
(4)
The character of the area shall be maintained.
C.
In every case, the applicant shall prepare a plan for recordation
and submit said plan for the review of the Lancaster County Planning
Commission, and Borough Council, which plan shall identify the previous
recorded plan. Applicant shall, upon approval by Borough Council,
thereafter, record this plan.
