[Ord. No. 135, 11/18/1992]
(a)
This Part provides an overview of the general procedures for the
application, submission, review and approval of proposed subdivision
plans or land development plans within Amity Township.
(b)
All subdivision and land development plans within the corporate limits
of Amity Township shall be reviewed by the Amity Township Planning
Commission, the Berks County Planning Commission and other Township,
state and county officials as deemed necessary, and shall be approved
or disapproved by the Amity Township Board of Supervisors in accordance
with the procedures specified within this Part and within other sections
of this chapter.
(c)
For all proposed subdivision and land development plans, except those exempted from standard procedures, a sketch plan, preliminary plan, and final plan must be submitted to the Township for review and approval. Those plans exempted from this standard procedure shall comply with the procedures identified under § 27-306 of this chapter.
[Ord. No. 135, 11/18/1992]
(a)
The Board of Supervisors shall have jurisdiction of subdivision and
land development within the Township limits. In order to assist the
Board of Supervisors in its consideration of subdivisions and land
developments, the Board of Supervisors hereby decrees that the Township
Planning Commission shall serve the following functions:
(1)
All plans proposing subdivision or land development, upon submission
to the Township, shall be referred to the Planning Commission for
review.
(2)
The Planning Commission shall make recommendations to the Board
of Supervisors concerning approval, conditional approval or disapproval
of such plans.
(b)
The Board of Supervisors shall consider the recommendations offered
by the Planning Commission prior to taking action on any proposed
subdivision or land development plan.
[Ord. No. 135, 11/18/1992]
(a)
Sketch Plan Submission.
(1)
A sketch plan shall be considered as an unofficial submission
to the Township for the purposes of informal review and discussion
between the applicant and the Township.
(b)
Sketch Plan Review.
(1)
The Planning Commission shall meet with the applicant and informally
discuss the conceptual suitability of the proposed development, its
relationship to existing streets and utilities, the proposed arrangement
and density of the development, and the compatibility of the proposed
plan with the Comprehensive Plan. Such meeting may be part of the
regular monthly meeting of the Planning Commission or at a special
public meeting.
(2)
Based upon this meeting, the Planning Commission shall approve,
approve with certain conditions or disapprove the sketch plan. If
approved, the applicant may submit a preliminary plan to the Township
for review and comment. If disapproved by the Planning Commission,
the applicant should consider revising the sketch plan prior to the
submission of a preliminary plan.
[Ord. No. 135, 11/18/1992]
(a)
Preliminary Plan Submission.
(1)
When filing for preliminary plan approval, the applicant shall submit to the Township Code Enforcement Officer one complete copy of the proposed plan and all data specified under § 27-402 of this chapter at least seven days prior to the regularly scheduled monthly meeting of the Township Planning Commission.
(2)
The applicant shall submit six complete copies plus one electronic
(PDF) copy of the proposed preliminary plan to the Township Planning
Commission. Submissions will be accepted for review by the Township
only at the regularly scheduled monthly meeting of the Township Planning
Commission.
[Amended by Ord. No. 314, 3/6/2019]
(3)
All submissions shall be accompanied by six copies of proper
application forms, letter(s) of transmittal and review fees as determined
by the Township.
[Amended by Ord. No. 314, 3/6/2019]
(4)
[1] No application shall be deemed filed and accepted for
review until all supplementary data, reports and studies as may be
required under Parts 4 and 5 of this chapter have been received, application
fees have been fully paid, and any other requirements for submission
specified herein have been met.
[1]
Editor's Note: Former Subsection (a)(4), regarding submission
and distribution of plan, was repealed by Ord. No. 314, 3/6/2019. This ordinance also renumbered former Subsection (a)(5) and (6)
as Subsection (a)(4) and (5), respectively.
(5)
At the discretion of the Township, the applicant shall submit
and distribute the proposed preliminary plan to any of the following
agencies or authorities for review and comment:
|
Pennsylvania Department of Environmental Protection
|
|
Pennsylvania Department of Transportation
|
|
Regional Water Authority/Company
|
|
Township Sewage Enforcement Officer
|
|
Township Parks and Recreation Board
|
|
Township Police Department
|
|
Regional Fire Company
|
|
Daniel Boone Area School District
|
(b)
Preliminary Plan Review.
(1)
The Township Engineer and the Township Solicitor shall review the preliminary plan to determine its conformance to the Township Zoning Ordinance (see Chapter 32 of the Township Code of Ordinances) and this chapter. The Township Engineer and the Township Solicitor may recommend changes, alterations or modifications, as they may deem necessary. The report of the Township Engineer and the Township Solicitor shall be in writing and shall be submitted to the Township Planning Commission prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Township Planning Commission.
(2)
The Township Zoning Officer and Code Enforcement Officer shall review the preliminary plan to determine its conformance to the Township Zoning Ordinance (see Chapter 32 of the Township Code of Ordinances). The Zoning Officer and Code Enforcement Officer shall check all zoning data to determine if the information shown on the proposed preliminary plan is in accordance with the latest amendments to the Zoning Ordinance (see Chapter 32 of the Township Code of Ordinances). The report from the Township Zoning Officer and the Code Enforcement Officer shall be in writing and shall be submitted to the Township Planning Commission prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Planning Commission.
(3)
If required by the Township, the applicant shall forward the
required number of complete copies of the proposed preliminary plan
to the Berks County Planning Commission for their review and comment.
Failure of the Berks County Planning Commission to act within 30 days
shall constitute a waiver of its right to review the plan as submitted,
and the Township may officially act on the basis of such a waiver.
[Amended by Ord. No. 314, 3/6/2019]
(4)
When a preliminary plan has been officially accepted for review
by the Township, such plan shall be reviewed by the Township Planning
Commission at its next regularly scheduled meeting, or at the discretion
of the Planning Commission, at a special meeting. During the review
of the preliminary plan, the Township Planning Commission shall consider
the written reports of the Township Engineer, the Township Solicitor,
the Township Zoning Officer, the Township Code Enforcement Officer,
the Berks County Planning Commission and other designated agencies
or authorities before rendering its decision on the proposed preliminary
plan.
(5)
Upon completion of its review, the Planning Commission shall
promptly submit its recommendations to the Board of Supervisors for
their consideration. This recommendation shall be forwarded to the
Board of Supervisors within 90 days from the date the preliminary
plan was officially accepted for review by the Township.
(6)
During the course of the Planning Commission's review of the
preliminary plan and prior to any action by the Board of Supervisors
within the required ninety-day period, the proposed preliminary plan
may be revised by the applicant. Upon submission of a revised plan,
all previously submitted plans shall automatically be considered withdrawn,
and the time period for formal review and notification shall continue.
Four copies of the revised plans, three copies of any revised supplemental
reports and one electronic (PDF) file of all documents shall be submitted
to the Planning Commission not later than 10 working days prior to
a regularly scheduled meeting of the Planning Commission.
[Amended by Ord. No. 314, 3/6/2019]
(c)
Preliminary Plan Approval.
(1)
Following the review of the preliminary plan and the accompanying
data by the Township Engineer, the Township Solicitor, the Township
Zoning Officer, the Township Code Enforcement Officer, the Township
Planning Commission, and the Berks County Planning Commission, the
Board of Supervisors shall approve, approve with conditions, or reject
the proposed preliminary plan. Conditions for approval must be clearly
stated in writing. If rejected, the Township Board of Supervisors
shall specify the reasons for rejection, including citation of or
reference to the pertinent sections of this chapter and/or any other
Township ordinances.
(2)
The decision of the Board of Supervisors shall be rendered no
later than 90 days after the date of the regular Planning Commission
meeting next following the date upon which the applicant has made
a complete submission to the Township Code Enforcement Officer. However,
if the next regular meeting of the Planning Commission is more than
30 days after the submission date, the first day of the ninety-day
review period shall commence on the 30th day after a complete submission
has been given by the applicant. This review period may be extended
by mutual agreement of the applicant and the Township.
(3)
Approval or approval with conditions of a preliminary plan shall not constitute approval of the final plan. Rather, it shall be deemed an expression of approval of the layout shown on the preliminary plan as a guide to the preparation of the final plan. The final plan must also be reviewed and approved by the Township as outlined under § 27-305 of this chapter.
[Ord. No. 135, 11/18/1992]
(a)
Final Plan Submission.
(1)
Within 12 months of receiving approval or approval with conditions
of a preliminary plan, the applicant shall submit to the Township
Code Enforcement Officer one complete copy of the final plan and all
supplementary data as required within this chapter at least seven
days prior to the regularly scheduled monthly meeting of the Township
Planning Commission.
(2)
The applicant shall submit six complete copies plus one electronic
(PDF) copy of the proposed final plan to the Township Planning Commission.
Submissions will be accepted for review by the Township only at the
regularly scheduled monthly meeting of the Township Planning Commission.
[Amended by Ord. No. 314, 3/6/2019]
(3)
All submissions shall be accompanied by six copies of proper
application forms, letter(s) of transmittal and review fees as determined
by the Township.
[Amended by Ord. No. 314, 3/6/2019]
(4)
[1]No application shall be deemed filed and accepted for review
until any supplementary data, reports and studies as may be required
under Parts 4 through 7 of this chapter (including revisions required
during the preliminary plan review) have been received, application
fees have been fully paid, and any other requirements for submission
specified herein have been met.
[1]
Editor's Note: Former Subsection (a)(4), regarding the submission
and distribution of plans, was repealed by Ord. No. 314, 3/6/2019. This ordinance also renumbered former Subsection (a)(5) and (6)
as Subsection (a)(4) and (5), respectively.
(5)
At the discretion of the Township, additional copies of the
proposed final plan may be requested from the applicant for review
and comment.
(b)
Final Plan Review.
(1)
The Township Engineer and the Township Solicitor shall review the proposed final plan to determine its conformance to the Township Zoning Ordinance (see Chapter 32 of the Township Code of Ordinances) and this chapter. The Township Engineer and the Township Solicitor may recommend changes, alterations or modifications, as they may deem necessary. The reports of the Township Engineer and the Township Solicitor shall be in writing and shall be submitted to the Township Planning Commission prior to the regularly scheduled or special meeting at which the final plan is to be considered by the Township Planning Commission.
(2)
The Township Zoning Officer and the Code Enforcement Officer shall review the final plan to determine its conformance to the Township Zoning Ordinance (see Chapter 32 of the Township Code of Ordinances). The Zoning Officer and the Code Enforcement Officer shall check all zoning data to determine if the information shown on the proposed final plan is in accordance with the latest amendments to the Zoning Ordinance (see Chapter 32 of the Township Code of Ordinances). The reports from the Township Zoning Officer and the Code Enforcement Officer shall be in writing and shall be submitted to the Township Planning Commission prior to the scheduled meeting at which the final plan is to be considered by the Township Planning Commission.
(3)
If required by the Township, the applicant shall forward the
required number of complete copies of the proposed Final Plan to the
Berks County Planning Commission for their review and comment. Failure
of the Berks County Planning Commission to act within 30 days shall
constitute a waiver of its right to review the plan as submitted,
and the Township may officially act on the basis of such a waiver.
[Amended by Ord. No. 314, 3/6/2019]
(4)
When a final plan has been officially accepted for review by
the Township, such plan shall be reviewed by the Township Planning
Commission at its next regularly scheduled meeting. During the review
of the final plan, the Township Planning Commission shall consider
the written reports of the Township Engineer, the Township Solicitor,
the Township Zoning Officer, the Township Code Enforcement Officer,
the Berks County Planning Commission and other designated agencies
or authorities before rendering its final decision on the proposed
final plan.
(5)
Upon completion of its review, the Planning Commission shall
promptly submit its recommendations to the Board of Supervisors for
its consideration. This recommendation shall be forwarded to the Board
of Supervisors within 90 days from the date the final plan was officially
accepted for review by the Township.
(6)
During the course of the Planning Commission's review of the
final plan and prior to any action by the Board of Supervisors within
the required ninety-day period, the proposed final plan may be revised
by the applicant. Upon submission of a revised plan, all previously
submitted plans shall automatically be considered withdrawn, and the
time period for formal review and notification shall continue. Four
copies of the revised plans, three copies of any revised supplemental
reports and one electronic (PDF) file of all documents shall be submitted
to the Planning Commission not later than 10 working days prior to
a regularly scheduled meeting of the Planning Commission.
[Amended by Ord. No. 314, 3/6/2019]
(c)
Final Plan Approval.
(1)
Following review of the proposed final plan and the accompanying
data by the Township Engineer, the Township Solicitor, the Township
Planning Commission, and the Berks County Planning Commission, the
Board of Supervisors shall approve, approve with conditions, or reject
the final plan.
(2)
Any conditions for approval must be clearly stated in writing.
If the plan is rejected, the Board of Supervisors shall specify the
reasons for rejection, including citation of or reference to the pertinent
sections of this chapter and other Township ordinances. Copies of
the statement shall be forwarded to the applicant and all concerned
parties no more than 15 days following the decision.
(3)
The decision of the Board of Supervisors shall be rendered no
later than 90 days after the date of the regular Planning Commission
meeting next following the date upon which the applicant has made
a complete submission to the Township Code Enforcement Officer. However,
if the next regular meeting of the Planning Commission is more than
30 days after the submission date, the first day of the ninety-day
review period shall commence on the 30th day after a complete submission
has been given by the applicant. This review period may be extended
by mutual agreement of the applicant and the Township.
(4)
All pertinent agreements, contracts, fees and contributions
shall be satisfactorily completed and/or executed by the applicant
prior to municipal approval.
[Ord. No. 135, 11/18/1992]
(a)
Annexation Plans.
(1)
Where the sole purpose of the proposed plan is to annex a lot
or parcel to an adjacent lot or parcel, the applicant may submit a
final plan to the Township Planning Commission for review, comment
and approval.
(2)
The proposed plan shall indicate that the purpose of the plan
is for annexation purposes only. No new building lots are proposed
as a result of this plan.
(b)
Minor Subdivisions.
(1)
Where the sole purpose of the proposed plan is to create two
and only two parcels, lots or tracts of land from the original tract
of land, and has adequate frontage on an improved public road, the
applicant may submit a final plan to the Township for review, comment
and approval.
(2)
The applicant shall express in writing that the property in
question has not been subdivided after September 16, 1966. The proposed
plan shall reflect this statement and shall also indicate that further
subdivision of the tract will require a review of plans in accordance
with the standard review procedures of this chapter.
(c)
Auction Sales.
(1)
Where a property owner proposed to offer his land for sale at
auction in two or more parts, the owner shall prepare and submit a
preliminary plan to the Township.
(2)
The preliminary plan shall be prepared in accordance with §§ 27-304 and 27-402 of this chapter. In addition, the preliminary plan shall contain the following notation:
"This property is intended to be sold by auction on or about
(month - day - year), 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 has been approved by Amity Township
in accordance with these regulations."
(3)
The auction sale may then proceed in accordance with the above
notation, after which the subdivider shall prepare and submit a final
plan to the Township for review, comment and approval. The final plan
shall be prepared in accordance with §§ 27- 305 and
27-403 of this chapter.
(d)
Revised Plan of Record. Any revision, replatting or resubdivision
of land which includes changes to a recorded plan shall be considered
a subdivision and shall comply with all regulations within this chapter,
except that:
(1)
Lot lines may be changed from those on a recorded plan, provided
that in making such changes:
(i)
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by the Township Zoning Ordinance (see Chapter 32 of the Township Code of Ordinances).
(ii)
Easements or rights-of-way shall not be changed.
(iii)
Street locations and block sizes shall not be
changed.
(iv)
No lot shall be created which does not abut an existing or proposed
street.
(v)
Open space and recreational areas shall not be reduced.
(2)
In every case wherein lot lines are changed as permitted above,
the applicant shall:
(ii)
The revised plan of record shall specifically identify the previous
plan of record superseded and shall also contain the record references.
(iii)
After the revised plan of record has been approved
by the Township, the applicant shall then record the new plan in accordance
with this chapter.
[Ord. No. 135, 11/18/1992]
Unless specifically stated within this chapter, a "land development
plan" shall comply with the standard review procedures of this chapter.
[Ord. No. 135, 11/18/1992;
as amended by Ord. No. 157, 10/6/1997]
An applicant submitting a plan for subdivision and/or land development
shall tender the following fees made payable to the Township of Amity
at the time of application and plan submission:
(a)
Residential.
(1)
One to 25 dwelling units or lots: an application fee of $250
plus $25 per dwelling unit or lot.
(2)
Twenty-six to 75 dwelling units or lots: an application fee
of $350 plus $20 per dwelling unit or lot.
(3)
Seventy-six to 150 dwelling units or lots: an application fee
of $450 plus $17 per dwelling unit or lot.
(4)
One hundred fifty plus dwelling units or lots: an application
fee of $550 plus $15 per dwelling unit or lot.
(b)
Non-residential/Mixed Uses.
(1)
Zero to 25,000 gross square feet of floor space: an application
fee of $1,000 plus $25 per 1,000 gross square feet of floor space.
(2)
Twenty-five thousand one to 50,000 gross square feet of floor
space: an application fee of $2,000 plus $20 per 1,000 gross square
feet of floor space.
(3)
Fifty thousand one to 100,000 gross square feet of floor space:
an application fee of $3,000 plus $17 per 1,000 gross square feet
of floor space.
(4)
One hundred thousand one plus gross square feet of floor space:
an application fee of $4,000 plus $15 per 1,000 gross square feet
of floor space.
(c)
Any submission of revised plans will bear a $25 administrative fee.
(d)
The applicant is also required to pay any review fees required by
the Berks County Planning Commission, the Berks County Conservation
Service, and any other reviewing authority or agency.
(e)
The proposed application shall not be considered by the Township
until all pertinent fees are paid in full.
(f)
If the expenses of the Township for reviews of a subdivision or land
development exceed the total fees that have been paid by the applicant,
such excess expenses shall be paid by the applicant prior to the release
of the final plan by the Township.
[Ord. No. 157, 10/6/1997;
as amended by Ord. No. 314, 3/6/2019]
The Board of Supervisors hereby directs that review fees for
consultants engaged by the Township to review, comment upon or address
such application shall be chargeable to and payable by the applicant,
in addition to the aforesaid application fees, at such rates as established
by resolution of the Board of Supervisors from time to time. Said
rates having been determined to be reasonable and in accordance with
the ordinary and customary charges by the municipal consultant for
similar service in the community and do not exceed the rate or cost
charged by the same when fees are not reimbursed or otherwise imposed
on applicants.
[Ord. No. 157, 10/7/1997]
The applicant shall, upon submission of the application, be
required to tender, in accordance with the following schedule, certain
monies to be placed in an escrow fund to be applied to satisfy professional
and consultants fees and/or other costs incurred by the Township in
reviewing said plans:
(a)
Residential Subdivision and/or Land Development.
|
Type
|
Amount
|
|---|---|
|
Annexation
|
$500
|
|
0 to 10 lots
|
$1,000 + $100/lot
|
|
11 to 50 lots
|
$1,500 + $100/lot
|
|
51 or more lots
|
$5,000 + $50/lot
|
(b)
Nonresidential.
|
Type
|
Amount
| |
|---|---|---|
|
Subdivision only
|
$1,000 + $200 per acre
| |
|
Land Development (Note: mfs is 1,000 square feet of floor space)
| ||
|
No Buildings
|
$1,000 + $50 per acre
| |
|
Up to 25,000 square feet of floor space
|
$3,000
| |
|
25,001 to 50,000 square feet of floor space
|
$3,000 + $100 per msf
| |
|
50,001 to 100,000 square feet of floor space
|
$4,000 + $100 per msf
| |
|
100,001 square feet or more floor space
|
$5,000 + $100 per msf
| |
|
Said monies shall be placed in an escrow fund at the time of
submission of said plans and/or applications and shall be applied
to fees as they are accrued and billed to the Township. In the event
that the actual cost for professional and consultant review fees do
not exhaust said escrow fund, the balance thereof shall be refundable
to the applicant. Said funds shall be maintained to insure satisfaction
of all such fees, and in the event that such escrow fund shall be
reduced by payment of such fees to an amount equal to or less than
20% of the original escrow deposit, applicant shall post additional
monies, as may be directed by the Township, to renew such fund, which
additional monies shall be tendered and paid to the Township within
10 days of a written request by the Township. In the event that applicant
fails to post said additional monies as directed by the Township,
the review, comment or approval of said plan shall be withheld until
and unless applicant furnishes such additional monies. Applicant shall
retain all of the benefits and entitlements of review of such fees
in accordance with the terms of the Pennsylvania Municipalities Planning
Code now in effect, or as hereinafter amended.
|
[Ord. No. 157, 10/7/1997]
The Board of Supervisors hereby reserves the right and entitlement
to revise, modify, adjust or change the schedule of fees, costs or
expenses as may be necessary from time to time.
[Ord. No. 135, 11/18/1992]
(a)
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety, convenience and general
welfare of the residents of the Township. The Township may waive or
modify these provisions in individual cases as may be deemed necessary
in the public interest, provided that such modification shall not
have the effect of nullifying the purpose and intent of this chapter.
(b)
If the literal compliance with any mandatory provision of this chapter
is shown by the applicant to be unreasonable and causes undue hardship
to his property, the Township may grant a waiver of such mandatory
provision.
(c)
The applicant shall submit a written waiver request to the Planning
Commission for review and comment. The waiver request shall reference
the applicable section of this chapter and indicate the reason or
purpose for such a request. The Planning Commission shall provide
a recommendation to the Board of Supervisors for each waiver requested
by the applicant. The Board of Supervisors shall consider all waiver
requests at a regularly scheduled meeting.
(d)
The list of such modifications shall be entered in the minutes of
the Township Planning Commission and/or Board of Supervisors. In addition,
the waiver shall be clearly identified on the proposed plan.
[Ord. No. 135, 11/18/1992]
[Ord. No. 135, 11/18/1992]
(a)
After the completion of the procedures required within this chapter,
the Township Planning Commission shall place its endorsement on at
least five copies of the plan which is to be recorded. The plans shall
be dated and signed by at least a majority of the members on the Planning
Commission.
(b)
After the completion of the procedures required within this chapter,
the Board of Supervisors shall place its endorsement on at least five
copies of the plan which is to be recorded. The plans shall be dated,
sealed and signed by at least a majority of the Township Supervisors.
(c)
No changes, erasures, modifications or revisions shall be made to
any subdivision or land development plan after the plan has been endorsed
by the Township, unless the plan has been resubmitted to the Township
for review as required within this chapter.
(d)
After the plan has been properly endorsed by the Township, the applicant
shall submit the plans to the Berks County Planning Commission for
their endorsement. No plan may be legally recorded unless it has been
properly endorsed by the Township and the Berks County Planning Commission.
(e)
After the plan has been properly endorsed by the Township and the
Berks County Planning Commission, the applicant shall record the plans
with the Berks County Recorder of Deeds within 90 days of the date
the plan was endorsed by the Township. If the applicant fails to record
the plan within said ninety-day time period, the action of the Township
will become null and void.
(f)
After the plan has been recorded, the applicant shall provide the
Township with one certified copy and one electronic (PDF) file of
the recorded plan.
[Amended by Ord. No. 314, 3/6/2019]
[Ord. No. 135, 11/18/1992]
Decisions of the Board of Supervisors may be appealed in accordance
with the Pennsylvania Municipalities Planning Code (Act 247, as amended).
[Ord. No. 171, 4/3/2000]
(a)
All plans submitted to the Township shall be available for public
inspection during normal business hours. Requests by any member of
the public to view plans outside of the Township Municipal Building
shall be denied, except as stated below. Citizens may request any
developer for a copy of a proposed plan.
(b)
All plans submitted to the Township for review in accordance with the Township Zoning Ordinance (see Chapter 32 of the Township Code of Ordinances) and this chapter shall be made available for copying provided that the citizen so requesting pays a fee equal to the costs of copying and all related costs of the Township in arranging for the copying (i.e. personnel's hourly rate, mileage allowance, courier fees, etc.).
(c)
Additionally, citizens may request the use of a Township office copy
for personal copying themselves provided that a deposit equal to the
cost of copying as determined by the Township Manager plus a fee of
$10 (to cover incidental costs) is deposited with the Township. This
deposit shall be returned provided that the plan is returned in the
exact condition that it was originally loaned. The time of loaning
the plan for copying shall not exceed 24 hours or the entire deposit
shall be forfeited. All fees must be paid prior to copying.
(d)
Developers, by applying for subdivision, land development, zoning,
planned residential development, cluster use or any other type of
application, hereby waive any and all rights as they relate to copying
and distribution of plan copy issues.
