The procedures set forth in this article shall be followed for all subdivision and/or land development plans. The official Township determination on any application submitted under this chapter rests solely with the Board of Supervisors. The Township Planning Commission, Township Engineer, various Township officials, and York County Planning Commission are advisory to the Board of Supervisors. The procedure for consideration of a subdivision and/or land development plan may include three stages. The preapplication review (sketch plan) specified in § 435-12 is voluntary. Applicants are urged, but not required, to discuss possible development sites and plans with the Township Planning Commission while the project is at an early stage.
A. 
A preliminary plan application is required for any of the following: land development; subdivision of residential land into five or greater lots from the effective date of this chapter; subdivision of land that is designated commercial or industrial use in Chapter 450, Zoning, as amended; subdivision that includes construction of streets, alleys, public or joint use sanitary sewer facilities, public or joint use water supply facilities, or stormwater detention/retention basins.
(1) 
The preliminary plan contains detailed design data. Approval of the preliminary plan entitles the applicant to submit final plans in accordance with the terms of the preliminary plan. Procedures for a preliminary plan are in § 435-13.
B. 
A final plan application is required for all subdivision and land development plans. The final plan contains detailed design data and guarantees the construction of certain improvements. Approval of the final plan concludes with the recording of the plan which authorizes the construction of public/private improvements and the selling of land.
(1) 
Procedures for a final plan are in § 435-14.
(2) 
Procedures are provided for a modification of the provisions of this chapter as they apply to a specific project. Modifications are referred to as "waivers."
(3) 
Procedures for waivers are in § 435-16.
(4) 
Abbreviated procedures are provided for Minor Plans in § 435-15.
C. 
No submittal for land development shall be considered a valid submittal if a variance or special exception is required from the Zoning Hearing Board, or if a rezoning is required in order for said land development submittal to comply with Chapter 450, Zoning. In other words, land development submittals must comply with Chapter 450, Zoning, prior to land development plan submittal. If, due to the complex nature of Chapter 450, Zoning, requirements, it is not recognized that the land development plan submittal does not comply with Chapter 450, Zoning, until after the submittal has been accepted by the Township, then the applicant shall withdraw the land development plan submittal. If the applicant refuses to withdraw the land development plan submittal, then the Board of Supervisors shall have the right to reject the land development plan submittal.
D. 
Common ownership merger plan (lot consolidations).
[Added 11-8-2021 by Ord. No. 2021-249]
(1) 
Adjacent lots of common ownership may be consolidated in accordance with the following provisions:
(a) 
There are no land development or other improvement proposed that would prompt a submission of a land development plan.
(b) 
Provide fully executed deed of consolidation (four copies).
(c) 
Provide plot plan showing involved lots and lot line(s) to be extinguished (four copies).
(d) 
The plan shall contain the note: "This plan is for consolidation of lots only and shall not change the conditions of any previous approved plan for these lots."
(e) 
The applicant must submit the merger plan to York County Planning Commission along with the correct fee and provide the Township with any YCPC review comments.
(f) 
Provide filing fee as set by resolution of the Board of Supervisors (see Fee Schedule available at the Township Municipal Office).
(2) 
Upon certification by the Township, the Township shall submit the common ownership merger plan to the York County Planning Commission for signatures and the Office of the York County Recorder of Deeds for a certification of recordation. Two paper copies will be retained by the Recorder of Deeds, and one paper copy shall be returned to the applicant. The applicant will be responsible for paying all recording fees incurred.
E. 
Corrective action plan process.
[Added 11-8-2021 by Ord. No. 2021-249]
(1) 
Corrective action plans shall be in accordance with the following provisions:
(a) 
There are no revisions to the previously approved plan except to correct an obvious error and all items that were contained on the original approved plan shall be included in the plan.
(b) 
Provide executed revised plans (four copies).
(c) 
The applicant must submit the corrective action plan to York County Planning Commission along with the correct fee and provide the Township with any YCPC review comments.
(d) 
Provide filing fee as set by resolution of the Board of Supervisors (see Fee Schedule available at the Township Municipal Office).
(2) 
Upon certification by the Township, the Township shall submit the corrective action plan to the York County Planning Commission for signatures and the Office of the York County Recorder of Deeds for a certificate of recordation. Two paper copies will be retained by the Recorder of Deeds, and one paper copy shall be returned to the applicant. The applicant will be responsible for paying all recording fees incurred.
A. 
Applicants are urged, but not required, to discuss possible development sites and plans with the Township Planning Commission prior to submission of a preliminary or final plan. The purpose of the sketch plan meeting is to afford the applicant and opportunity to receive the recommendations of the Township while the project is at an early stage. Request for a sketch plan review shall not constitute a formal filing of a plan.
B. 
A request for sketch plan review shall be submitted to the Township Secretary, or designee, at the Township Municipal Office at least 14 working days prior to the Township Planning Commission meeting in order to be placed on the agenda. The request shall include one application form (see Appendix No. 5).[1] To aid in the effectiveness of the sketch plan review, it is recommended that the application include at least 11 paper copies of the design plan to provide Township officials with the opportunity to prepare comments. When submitted, the design plan information should include the data required in § 435-20, for a sketch plan.
[1]
Editor's Note: Appendix No. 5 is included as an attachment to this chapter.
C. 
Individuals are welcome to discuss proposals at the Township Planning Commission meeting without the submission of an application or the benefit of a plan; however, the Planning Commission's ability to assist the applicant with be greatly limited.
D. 
In addition to the above, applicants may request that a sketch plan review be submitted to Board of Supervisors for comments following the Township Planning Commission review. When requested, the Township Secretary, or designee, will advise the applicant of the meeting date at which the sketch plan review is scheduled.
A. 
Projects that require preliminary plan procedure. A preliminary plan application is required for any of the following: land development; subdivision of residential land into five or greater lots; subdivision of land that is designated commercial or industrial use in Chapter 450, Zoning, as amended, or proposes any nonresidential use; subdivision that includes construction of streets, alleys, public or joint use sanitary sewer facilities, public or joint use water supply facilities, or stormwater detention/retention basins.
B. 
Consistency with sketch plan. The preliminary plan shall be substantially consistent with the sketch plan. The preliminary plan may include sections of an approved sketch plan, provided each section independently conforms to the chapter, regulations and other standards of the Township, and includes a reasonable portion of the sketch plan.
C. 
Submission procedure.
(1) 
Preliminary plans shall be submitted to the Township Secretary, or designee, at the Township Municipal Office, on any business day. However, preliminary plans must be submitted 30 calendar days prior to the Township Planning Commission meeting in order to be placed on the agenda.
(2) 
The preliminary plan application shall not be available for revision or inclusion of additional information for 14 working days before the Planning Commission meeting at which the plan will be considered. This time is to provide an examination of the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date, unless the applicant authorizes a rescheduling of the preliminary plan and grants an extension of the review time provided to the Township.
(3) 
Applicants are required to submit four additional sets of plans with sewer facilities planning in conjunction with the preliminary plan to avoid unnecessary delays in attaining revision or supplement approval prior to the final plan stage.
D. 
Application requirement. All preliminary plan applications shall include the following:
(1) 
A minimum of 11 copies of the preliminary plan, reports, notifications and certification that are specified in § 435-27. Additional copies of the preliminary plan and reports may be required by the Township.
(2) 
One application form (see Appendix No. 5).[1]
[1]
Editor's Note: Appendix No. 5 is included as an attachment to this chapter.
(3) 
Filing fee as set by resolution of the Board of Supervisors (see Fee Schedule available at Township Municipal Office), and the filing fee set forth by the York County Planning Commission for review of the plan.
(4) 
All information shall also be submitted in digital electronic format.
(5) 
Notification to surrounding property owners.
[Added 1-8-2024 by Ord. No. 2023-255]
(a) 
Mailing. An applicant proposing any plan other than a minor plan (§ 435-15) shall notify all owners and tenants of properties abutting the site's boundaries, including parcels across public roadways, via United States mail, and provide proof of mailing. The notice shall state that a subdivision and/or land development plan has been filed for the site; provide the street address(es) and Tax Map parcel number(s) for the site; state that the Township will review the plans at public meetings; and instruct all interested parties to contact the Township regarding the date of such meetings. Such notification shall be sent within five days of the submission of the plan application to the Township. A list of the names and addresses to which notices have been sent, along with proof of mailing, shall be supplied to the Township at least 10 days prior to the first meeting of the Planning Commission at which the plans are to be discussed.
(b) 
Posting. An applicant proposing any plan other than a minor plan (§ 435-15) shall conspicuously post a notice on the site at point(s) approved by the Township. Such posting shall be at least nine square feet in size and designed to inform potentially interested citizens of the proposed subdivision/land development. Each posting shall contain a copy of the notice mailed to the neighboring property owners. The site shall be posted within seven days of the plan submission of the application to the Township.
E. 
Distribution. The Township Secretary, or designee, shall distribute the preliminary plan to the Board of Supervisors, Township Planning Commission, Township Zoning Officer, Township Engineer and Township Solicitor. The applicant shall distribute the preliminary plan to the York County Planning Commission, and York County Conservation District. If deemed necessary, data will be submitted to other officials (e.g., Water Supply Company/Authority, School District, Park Board, adjacent municipality, Emergency Management Coordinator, Pennsylvania Department of Transportation, and Pennsylvania Department of Environmental Protection).
F. 
Reviewing agencies.
(1) 
The preliminary plan is reviewed by the Township Secretary, Township Zoning Officer, Township Engineer, York County Planning Commission, York County Conservation District, and, if deemed necessary, other officials. These reviewers will report their findings to the Township Planning Commission and Board of Supervisors.
(2) 
All plan reviews shall be based upon provisions of this chapter, as well as other applicable ordinances. All review comments to the Township Planning Commission, Township Board of Supervisors and applicant shall cite the provision of the ordinances relied upon or be specifically designated as a suggestion.
(3) 
The preliminary plan will be placed on the Township Planning Commission agenda for a meeting which is a least 14 working days following submission. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to:
(a) 
Display for public viewing a plan which identifies at least the horizontal location of streets, parking, building, lot layout, stormwater facilities, water supply, sanitary sewage disposal, and other planned features;
(b) 
Verbally describe the property location and planned features in a presentation of no more than five minutes;
(c) 
Establish the acceptance or rejection of any recommendation of the Township Planning Commission and other officials; and
(d) 
Establish the intent to avail the application to the procedure for complying with recommendations of the Township Planning Commission as specified in Subsection G.
G. 
Compliance with recommendations of the Township Planning Commission.
(1) 
In order to avoid the Township Planning Commission's recommendation for disapproval, the applicant is encouraged to comply with the recommendations of the Township Planning Commission prior to their report to the Board of Supervisors. Should the applicant elect to revise the preliminary plan, 11 copies of the revised data and one application form shall be submitted to the Township Secretary, or designee, at the Township Municipal Office. The revised data shall be submitted on any business day, at least 14 working days prior to the Township Planning Commission meeting in order to be placed on the agenda. Revised plans will be distributed and reviewed in accordance with Subsections E and F.
(2) 
Inherent in the submission of revised plans is granting of a revision to the time period for a Township ruling on the preliminary plan (Subsection H). The revised time period shall be based upon the submission date of the revised data.
H. 
Ruling on the preliminary plan.
(1) 
A ruling on the preliminary plan is made by the Board of Supervisors. The applicant will be advised of the scheduled meeting for consideration of the preliminary plan by the Board of Supervisors. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to:
(a) 
Display a plan which identifies at least the horizontal location of streets, parking, building, lot layout, stormwater facilities, water supply, sanitary sewage disposal and other planned features;
(b) 
Verbally describe the property location and planned features in a presentation of no more than five minutes;
(c) 
Establish the acceptance or rejection of any recommendation of the Township Planning Commission or other officials; and
(d) 
Establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered in the minutes of the Board of Supervisors. The acceptance of conditions will also be acknowledged in writing (see Appendix No. 7).[2] If the applicant does not accept the conditions of approval, the plan will be disapproved.
[2]
Editor's Note: Said appendix is on file in the Township offices.
(2) 
The Board of Supervisors shall approve, conditionally approve, or disapprove the preliminary plan no later than the greater of the period of time required by the Municipalities Planning Code[3] or 90 days following the date of the regular meeting of the Planning Commission next following the date the application was filed; provided, however, should 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 date the application was filed.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
Should the applicant grant an extension of time within which the Board of Supervisors shall act upon the preliminary plan and/or render a written decision, the Board of Supervisors may act in accordance with such extension of time.
I. 
Notification of ruling.
(1) 
The ruling of the Board of Supervisors shall be in the form of a written notice. The written notice shall cite defects in the application and the specific sections of this chapter, any applicable statue, or applicable Township ordinance relied upon. The written notice shall be presented to the applicant personally or mailed to him at his last known address not later than 15 days following the decision. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the plan.
(2) 
In the event that any waiver of requirements from this chapter is deemed necessary by the Board of Supervisors, the waiver and reasons for its necessity shall be entered in the minutes of the Board of Supervisors.
(3) 
Approval of the preliminary plan entitles the applicant to final plan approval, in accordance with the terms of the preliminary plan conditions of preliminary plan approval and final plan requirements.
(4) 
Preliminary approval binds the applicant to the plan as approved. The final plan shall be substantially consistent with the approved preliminary plan. Preliminary approval does not authorize construction, sale or transfer of lots, nor shall this plan be recorded in the office of the York County Recorder of Deeds.
(5) 
Unconditional preliminary plan approval shall expire within five years after being granted, unless an extension is requested by the applicant and approved by the Board of Supervisors. Requests for extensions shall be submitted to the Township 30 days prior to any prevailing expiration date. The Township has no responsibility to inform the applicant of the termination or pending termination of an application.
J. 
Compliance with conditions of approval.
(1) 
If the Board of Supervisors conditions its preliminary plan approval upon receipt of additional information, alterations, changes or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Township Secretary, or designee. The applicant shall include a brief written descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain preliminary plan approval.
(2) 
Compliance with the conditions of preliminary plan approval must be attained within one year of the Board of Supervisors' ruling on the plan (see Subsection H), unless an extension is requested in writing by the applicant and granted by the Board of Supervisors. Preliminary plans which have not complied with the conditions of approval within the above time frame are disapproved.
(3) 
At the option of the applicant, and upon receipt of an unconditional preliminary plan approval, a preliminary plan may be presented to the Township for signature. (See Appendix Nos. 3 and 4 for certificate.[4])
[4]
Editor's Note: Said appendixes are on file in the Township offices.
A. 
Projects that require final plan procedure. A final plan application is required for all subdivision and land development plans. When a sketch plan or preliminary plan application is required in accordance with §§ 435-12 and 435-13, an application for final plan approval can be submitted only after obtaining preliminary plan approval.
B. 
Consistency with preliminary plans. The final plan shall be substantially consistent with the preliminary plan. The final plan may include sections of an approved preliminary plan, provided each section independently conforms to the chapter, regulations and other standards of the Township, and includes a reasonable portion of the preliminary plan.
C. 
Submission procedure.
(1) 
Final plans shall be submitted to the designated Township Secretary, or designee, at the Township Municipal Office, on any business day. However, final plans must be submitted 30 days prior to the Township Planning Commission meeting in order to be placed on the agenda.
(2) 
The final plan application shall not be available for revision or inclusion of additional information for 14 working days before the Planning Commission meeting at which the plan will be considered. This time is provided to allow an examination and study the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date, unless the applicant authorizes a rescheduling of the final plan and grants an extension of the review time provided to the Township.
(3) 
Applicants are required to submit four additional copies of plan with sewer facilities planning in conjunction with the final plan, if not submitted and approved as a part of preliminary plan, to avoid unnecessary delays in attaining revisions or supplement approval.
D. 
Application requirement. All final plan application shall include the following:
(1) 
A minimum of 11 copies of the final plan, reports, notifications and certificates which are specified in § 435-36. Additional copies of the final plan and reports may be required by the Township.
(2) 
One application form (see Appendix No. 5).[1]
[1]
Editor's Note: Appendix No. 5 is included as an attachment to this chapter.
(3) 
Filing fee as set by resolution of the Board of Supervisors (see Fee Schedule available at the Township Municipal Office), and the filing fee set forth by the York County Planning Department for review of the plan.
(4) 
All information shall be submitted in digital electronic format.
E. 
Distribution. The Township Secretary, or designee, shall distribute the final plan to the Board of Supervisors, Township Planning Commission, Township Zoning Officer, Township Engineer and Township Solicitor. The applicant shall distribute the final plan to the York County Planning Commission, and York County Conservation District. If deemed necessary, data will be submitted to other officials (e.g., water supply or sanitary sewer company/authority, school board, adjacent municipality, emergency management council).
F. 
Reviewing agencies.
(1) 
The final plan is reviewed by the Township Secretary, Township Zoning Officer, Township Engineer, York County Planning Commission, York County Conservation District, and, if deemed necessary, other officials. These reviewers will report their findings to the Township Planning Commission and Board of Supervisors.
(2) 
All plan reviews shall be based upon provisions of this chapter, as well as other applicable ordinances. All review comments to the applicant and Board of Supervisors shall cite the provision of the ordinances relied upon or be specifically designated as a suggestion.
(3) 
The final plan will be placed on the Township Planning Commission agenda for a meeting which is at least 14 working days following submission. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is mandatory, for the applicant or authorized agent must be prepared to:
(a) 
Display for public view a plan which identifies at least the horizontal location of streets, parking, building, lot layout, stormwater facilities, water supply, sanitary sewage disposal, and other planned features;
(b) 
Verbally describe the property location and planned features in a presentation of no more than five minutes;
(c) 
Establish the acceptance or rejection of any recommendations of the Township Planning Commission, and other official; and
(d) 
Establish the intent to avail the application to the below procedure for complying with the recommendation of the Township Planning Commission as specified in Subsection G.
G. 
Compliance with recommendations of the Township Planning Commission. In order to avoid the Township Planning Commission's recommendation for disapproval, the applicant is encouraged to comply with the recommendations of the Township Planning Commission prior to their report to the Board of Supervisors. Should the applicant elect to revise the final plan, 11 copies of the revised data and one application form shall be submitted to the Township Secretary, at the Township Municipal Office. The revised data shall be submitted on any business day, at lease 14 working days prior to the Township Planning Commission meeting in order to be placed on the agenda. Revised plans will be distributed and reviewed in accordance with Subsections E and F.
H. 
Ruling on the final plan.
(1) 
A ruling on the final plan is made by the Board of Supervisors. The applicant will be advised of the scheduled meeting for consideration of the final plan by the Board of Supervisors. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to:
(a) 
Display a plan which identifies at least the horizontal location of streets, parking, building, lot layout, stormwater facilities, water supply, sanitary sewage disposal and other planned features.
(b) 
Verbally describe the property location and planned features in a presentation of no more than five minutes.
(c) 
Establish the acceptance or rejection of any recommendation of the Township Planning Commission or other officials.
(d) 
Establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions or approval will be entered in the minutes of the Board of Supervisors. The acceptance of conditions will also be acknowledged in writing (see Appendix No. 7).[2] If the applicant does not accept the conditions of approval, the plan will be disapproved.
[2]
Editor's Note: Said appendix is on file in the Township offices.
(2) 
The Board of Supervisors shall approve, conditionally approve, or disapprove the final plan no 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 of the application was filed; provided, however, should 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 date the application was filed.
(3) 
Should the applicant grant an extension of time within which the Board of Supervisors shall act upon the final plan and/or render a written decision, the Board of Supervisors may act in accordance with the limits of such extension of time.
I. 
Notification of ruling.
(1) 
The ruling of the Board of Supervisors shall be in the form of a written notice. The written notice shall cite the defects in the application and the specific sections of this chapter, any applicable statue, or applicable Township ordinance relied upon. The written notice shall be presented to the applicant personally or mailed to him at his last known address not later than 15 days following the decision. Refusal by the applicant to accept conditional of approval shall constitute disapproval of the plan.
(2) 
When requested by the applicant, in order to facilitate financing, the Board of Supervisors shall furnish the applicant with a signed copy of the resolution indicating approval of the final plan contingent upon the applicant obtaining financial security in a form satisfactory to the Board of Supervisors. The resolution's contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless an extension is requested in writing by the applicant and granted by the Board of Supervisors.
J. 
Compliance with conditions of approval.
(1) 
If the Board of Supervisors conditions its final plan approval upon receipt of additional information, alterations, changes or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Township Secretary, or designee. The applicant shall include a brief written descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain final plan approval.
(2) 
If the Board of Supervisors conditions its final plan approval upon installation of public improvements, the applicant shall comply with either the financial security provision in § 435-72, or the provision for installation of public improvements specified in § 435-75.
(3) 
Compliance with the conditions of final plan approval and submission for plan certification must be attained within one year of the Board of Supervisors' ruling on the plan, or the Township action on the plan shall be considered a disapproval unless the Board of Supervisors grant a waiver by extending the effective time period. Request for extensions shall be submitted to the Township 30 days prior to any prevailing expiration date. The Township has not responsibility to inform the applicant of the termination or pending termination of an application.
K. 
Final plan certification. After approval of the final plan, the applicant shall present to the Township six paper copies of the final plan set and two digital copies on a CD/DVD or other digital physical storage of the plan set to be recorded (in PDF and AutoCAD format or approved alternative). All six copies of the final plan shall bear original signatures on each certificate.
(1) 
Upon payment of any outstanding plan review fee or inspection fee, the final plans shall be signed by the Township Planning Commission and the Board of Supervisors (see Appendix Nos. 3 and 4).[3] One paper copy of the plan will be retained by the Township.
[3]
Editor's Note: Said appendixes are on file in the Township offices.
(2) 
Upon certification by the Township, the Township shall submit the remaining plans to the York County Planning Commission for signatures and the Office of the York County Recorder of Deeds for a certificate of recordation. Two paper copies will be retained by the Recorder of Deeds, and one paper copy shall be returned to the applicant.
(3) 
The final plan shall be filed with the York County Recorder of Deeds within 90 days of the Board of Supervisors' certification of approval. No lot may be sold and/or construction initiated until the final plan is filed with the York County Recorder of Deeds. The Township will not issue further approvals or permits until the evidence of recordation is provided by the applicant.
(4) 
Recording of the final plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use shown thereon unless reserved by the landowner as hereinafter provided. The approval of the Board of Supervisors shall not impose any duty upon the Township concerning maintenance or improvement of any such dedicated street, or public use, until the Board of Supervisors shall have accepted the same by the prevailing procedures of the Township.
(5) 
If the final plan includes a notation to the effect that there is no offer of dedication to the public of common use areas, the title to such areas shall remain with the owner, their heirs and assigns, and the Township shall assume no responsibility for improvements or maintenance thereof, which fact shall also be noted on the final plan.
A. 
Projects exempt from standard procedures. A previously approved subdivision and/or land development plan that is revised to correct an obvious error is exempt from the standard procedures and a single lot addition of less than five acres which require no public improvements.
B. 
Plan revision requirements. The plan shall comply with all design requirements of this chapter. Revised plans shall not alter the number, location or configuration of lots, buildings or other aspects of the plan beyond the original understanding of the Board of Supervisors. Revised plans shall comply with all plan requirements and note the specific revision to indicate that the plan supersedes the previous plan solely as it applies to the revision.
C. 
Minor plan applications. Minor plan applications shall follow the same requirements as final plan application as provided in § 435-14 of this chapter.
A. 
Purpose. A waiver is the process to receive a modification of a chapter requirement as it applies to a specific project.
B. 
Standards for waiver. A waiver may be approved when the applicant demonstrates to the Board of Supervisors that all of the following is in existence:
(1) 
The literal enforcement of the chapter requirement will exact undue hardship by reason of a peculiar condition that pertains to the specific proposal.
(2) 
The waiver will not be contrary to the public interest.
(3) 
The waiver is consistent with intent of this chapter.
(4) 
The waiver is consistent with Subsection A, Purpose.
C. 
Application requirement. All applications for waivers shall be submitted to the Township Secretary, or designee, at the Township Municipal Office, on any business day. A waiver request shall include 11 copies of all applicable plans, reports, and supplementary data, and one application form (see Appendix No. 6).[1] If any of this information was filed with a preliminary plan or final plan, additional copies need not be submitted. The Township reserves the right to consider verbal request for waivers at a meeting, provided the verbal request includes the justifications and a written request is submitted at the meeting.
[1]
Editor's Note: Appendix No. 6 is included as an attachment to this chapter.
D. 
Distribution. One copy of the waiver request will be distributed by the Township Secretary, or designee, to the Township Zoning Officer, Township Planning Commission, Township Engineer, Board of Supervisors, and, if necessary, other officials.
E. 
Reviewing agency. The waiver will be placed on the Township Planning Commission agenda for a meeting which is at least 14 working days following submission. Attendance at the Township Planning Commission meeting is necessary to present the justifications for the waiver. All waiver review comments shall be based upon the proposal's compliance with the standards stated in Subsection B.
F. 
Ruling on the waiver. The Board of Supervisors shall have the authority to approve the waiver.
G. 
In granting any waiver, the Board of Supervisors may impose such conditions as will, in its judgement, secure substantially the objectives of the standards and requirements of this chapter.
H. 
The acceptance or rejection of the conditions of waiver will be entered in the minutes of the Board of Supervisors. The acceptance of conditions shall also be acknowledged in writing by the applicant. It there is no acceptance of conditions of approval, the waiver is deemed denied.
I. 
Action on the waiver shall be entered in the minutes of the Board of Supervisors and forwarded to the applicant. Failure of the Board of Supervisors to render a decision and communicate it to the applicant as described herein, shall not be deemed approval of the waiver.
A. 
All applications for highway occupancy permit are subject to Township review. HOP applications must be submitted to PennDOT (after Township review) during the preliminary plan review process.
B. 
No plan which will require access to a highway under the jurisdiction of the Department of Transportation shall be finally approved unless the plan obtains a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law."[1]
[1]
Editor's Note: See 36 P.S. § 670-420.
C. 
The plan shall be marked to indicate that access to the state highway shall be only as authorized by a highway occupancy permit number.
D. 
Neither the Department nor any municipality to which permit-issuing authority has been delegated under the State Highway Law shall be liable in damages for any injury to persons or property arising out of the issuance or denial of a driveway permit, or for failure to regulate any driveway. Furthermore, the Township shall not be held liable for damages to persons or property arising out of the issuance or denial of a highway occupancy permit by the Department.
The Board of Supervisors shall set fees, payable in advance for review of plans. Such review fees may include reasonable and necessary charges by the Township's professional consultants or engineer for review and report thereon to the Township. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or consultants for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants. Such fees shall be based upon a schedule adopted by resolution of the Board of Supervisors upon enactment of this chapter, or as such schedule may be amended. A copy of said fee schedule shall be available for review at the Township office.
A. 
In the event the applicant disputes the amount of any such review fees, the applicant shall, within 14 working days of the applicant's receipt of the bill, notify the Township that such fees are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
B. 
In the event that the Township and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution as set forth below:
(1) 
If within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Township shall jointly, by mutual agreement, appoint another professional of the same profession or discipline as the consultant whose fees are being disputed, licensed as such in the Commonwealth of Pennsylvania to review such expenses and make a determination as to the amount thereof which is reasonable and necessary.
(2) 
The professional engineer or consultant so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(3) 
In the event that the Township and the applicant cannot agree upon the professional engineer or consultant to be appointed within 20 days of the billing date, then upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Township is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer or consultant, who, in that case, shall be neither the Township Engineer nor any professional engineer or consultant who has been retained by, or performed services for, the Township or the applicant within the preceding five years.
(4) 
The fee of the appointed professional engineer or consultant for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Township shall pay the fee of the professional engineer or consultant; otherwise, the municipality and the applicant shall each pay 1/2 of the fee of the appointed professional engineer or consultant.