A.
Where a land development plan includes improvements, the developer may submit a sketch plan to the Board of Supervisors in accordance with the provisions of § 410-17.
B.
Such sketch plan will be considered as submitted for informal review
and discussion and shall not constitute formal filing of the plan
with the Township.
C.
As far as may be practical on the basis of the sketch plan review and discussion, the Township will informally advise the developer as promptly as possible of the extent to which the proposed land development conforms to the Article V, Design Standards, of this chapter and will discuss possible plan modifications necessary to secure conformance.
D.
Submission of a sketch plan is not mandatory, but all applicants for subdivision or land development approval are strongly encouraged to submit a sketch plan to the Planning Commission for review prior to submission of a formal application. The sketch plan phase provides the applicant with an opportunity to ask questions about such topics as interpretation of ordinance language and conceptual design issues. This plan also provides the Township with an opportunity to become acquainted with the project and to express concerns that may surface about such issues as ordinance compliance and community impact. The chief value of the sketch plan is that important design issues can be considered and clarified at a conceptual design stage before significant drafting, design, engineering and review funds are expended. The provision of a sketch plan is particularly critical for conservation by design (CBD) subdivisions that designate open space and greenway land in accordance with the four-step design process described in § 410-22. Submission of a sketch plan does not constitute formal filing of a plan with the Township Supervisors or the Planning Commission, and shall not commence the statutory review period as required by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Applications for approval of preliminary and final plans for all proposed subdivision and land developments shall be submitted to the Township Zoning Officer by the established deadline who in turn shall initiate the review process and notify the Board of Supervisors. Submissions of plans shall be accompanied by a fee as specified in § 410-83. The deadline for the initial submission of any plan shall be the first Monday of the month, no later than 12:00 p.m. All revised plans shall be submitted no later than 10 days prior to the next meeting at which time tentative action is scheduled.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The initial plan filed with the Board of Supervisors shall be considered as a preliminary plan. However, in the event that an initial land development is five lots or less and involving no new streets or other public improvements, the plan shall be considered minor and the developer may proceed directly to final plan preparation in compliance with the requirements of § 410-24. A feasibility study for sewer and water facilities as specified in § 410-19 shall accompany the initial plan submission. The processing of a minor plan shall be consistent with the procedures for processing a final plan as required in this article.
C.
The developer shall submit the preliminary and final plans drawn on paper, linen or Mylar material along with the required number of copies, blue or black line paper prints or copies on bond paper, as well as two copies of the required supporting data. Preliminary and final plans shall comply with the requirements of Article IV.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Board of Supervisors may notify the following agencies requesting
review and recommendations in writing and that the plan, whether preliminary
or final, has been received and will be considered at its meeting
of specified date:
A.
Four copies of the plan, one copy of a feasibility report on water
and sewer facilities and three copies of the planning Module to be
transmitted to the local office of the Pennsylvania Department of
Environmental Protection for review and recommendations.
B.
One copy shall be transmitted to the local office of the York County
Conservation District by the developer, together with required fees
for review and recommendations concerning erosion, sedimentation and
drainage control.
C.
One copy transmitted to the local office of the Pennsylvania Department
of Transportation for review and recommendations where the land development
will front on an existing or proposed state highway or has a proposed
street entering on such a highway.
D.
One copy transmitted by the developer to the York County Planning Commission with required fees as required by Article I of this chapter.
E.
One copy transmitted to all affected public utilities who shall be
requested to make recommendations as to the suitability of installing
underground utility lines.
F.
One copy transmitted to the Township Engineer or other authorized
person for review of engineering requirements.
H.
One copy transmitted to the Board of Supervisors including copies
of the Planning Modules.
A.
All plans, whether preliminary or final, shall be reviewed by the
Township with reference to the following:
(1)
The
provisions of the Township Comprehensive Plan.
(2)
The
Township Official Map.
(4)
The
standards and requirements of this chapter.
(5)
The
provisions of the Township Act 537 Plan.
(6)
Site
suitability for the particular type of development proposed.
(7)
The
availability of necessary services and facilities.
(8)
The
requirements of any other applicable Township ordinance.
(9)
The
improvements, design and dedications of reservations required by this
chapter.
B.
In addition, any comments and recommendations from the following
persons, or agencies shall be given consideration:
C.
(1)
Township
Engineer.
(2)
Township
Planning Commission.
(3)
Township
Solicitor.
(4)
York
County Planning Commission.
(5)
Pennsylvania
Department of Environmental Protection.
(6)
York
County Conservation District.
(7)
Pennsylvania
Department of Transportation.
(8)
Affected
public utilities.
(9)
Interested
citizens.
Before acting on any land development plan, the Board of Supervisors
may hold a public hearing thereon pursuant to public notice.
A.
Plan approval.
(1)
Prior to proposed action for plan approval by the Board of Supervisors,
the applicant shall have secured all regulatory permits and approvals
including approval of planning modules, stormwater management plans,
and soil erosion and sedimentation control plans.
(2)
At a scheduled public meeting the Board of Supervisors shall render
and communicate its decision on the plan whether preliminary or final,
not later than 90 days following the date of the Township Planning
Commission meeting next following the date the complete application
is filed or after a final order of court remanding on application,
provided that should the 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 day the complete
application has been filed.
(3)
Final plan approval shall not be granted until such improvements as required by this chapter and shown on such final plan have been completed or guarantee posted as required in Article VI.
(4)
The Board of Supervisors may approve a preliminary plan or a final
plan with conditions. If approval of the plan is conditional, the
applicant shall indicate his agreement with the conditions at the
time of approval by signing either in person or by an authorized agent,
a form in the presence of the Board of Supervisors prepared by the
Township listing the conditions imposed. A copy of the applicant's
acceptance of the conditions imposed shall be attached to and become
a part of the written decision of the Board of Supervisor. Failure
of the applicant to agree to the conditions imposed shall be a denial
of the plan by the Board of Supervisors, and the decision of the Board
shall comply with the requirements of this section regarding plans
for which approval is not given.
B.
Notification.
(1)
The decision of the Board of Supervisors concerning plan approval,
whether preliminary or final, shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision.
(2)
When the plan is not approved in terms as filed, the decision shall
specify the defects found in the plan and describe the requirements
which have not been met and cite the provisions of these regulations
relied upon.
(3)
Failure of the Board of Supervisors to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed as approval of the application in terms as presented
unless the applicant as agreed in writing to an extension of time
or change in the prescribed manner of presentation of communication
of the decision, in which case, failure to meet the extended time
of change in manner of presentation of communication shall have like
effect.
C.
Effect of ordinance amendment.
(1)
From the time a plan, whether preliminary or final, is submitted
as provided in this chapter and while such plan is pending approval
or disapproval, no change or amendment of the Subdivision and Land
Development or other Township ordinance or plan shall affect the decision
on such plan adversely to the applicant and the applicant shall be
entitled to a decision in accordance with the provisions of the Township
ordinances or plans as they stood at the time the application was
duly submitted. In addition, when a preliminary plan has been duly
approved, the applicant shall be entitled to final approval in accordance
with the terms of the approved preliminary plan as hereinafter provided.
However, if a plan is properly and finally denied, any subsequent
plan shall be subject to the intervening change in Township regulations.
(2)
No subsequent change or amendment in the Subdivision and Land Development
or other Township ordinance shall be applied to affect adversely the
right of the applicant to commence and to complete any aspect of an
approved development in accordance with the terms of such approval
within five years from the date of such approval. The five-year period
shall be extended for the duration of litigation, including appeals,
which prevent the commencement or completion of the development, and
for the duration of any sewer or utility moratorium or prohibition
which was imposed subsequent to the filing of an application for preliminary
approval of a plat. In the event of an appeal filed by any party from
the approval or disapproval of a plat, the five-year period shall
be extended by the total time from the date the appeal was filed until
a final order in such matter has been entered and all appeals have
been concluded and any period for filing appeals or requests for reconsideration
have expired. Provided, however, no extension shall be based upon
any water or sewer moratorium which was in effect as of the date of
the filing or a preliminary application. Where final approval is preceded
by preliminary approval, the five-year period shall be counted from
the date of the preliminary approval. The terms of preliminary approval
shall be construed in the light of the provisions of the applicable
ordinances as they stand at the time when the plan was submitted for
approval.
A.
Approval of the preliminary plan by the Board of Supervisors constitutes
conditional approval of the development as to the character and intensity
of development, the general layout, and the approximate dimensions
of streets, utilities, lots, and other planned features and public
improvements. The approval binds the developer to the general scheme
shown on the preliminary plan and the conditions imposed by the Board
of Supervisors if approval was conditional and the developer has agreed
to the conditions. The plan shall not be signed by the Board of Supervisors
until all conditions are complied with.
B.
Approval of the preliminary plan shall not constitute approval of
the final plan, nor does it authorize recording of the preliminary
plan or the sale of any lots. However, such approval does authorize
the developer to proceed with the preparation of the final plan, installation
and construction of improvements, and/or the posting of a public improvements
guarantee as specified in this chapter.
A.
Approval of the final plan by the Board of Supervisors constitutes
final approval of the land development as to the character and intensity
of development, the layout, and the dimensions of streets, lots and
other planned features. This approval binds the developer to the scheme
shown on the final plan and the conditions imposed by the Board of
Supervisors if approval was conditional and the developer has agreed
to the conditions. The plan shall not be signed by the Board of Supervisors
until all conditions are complied with.
B.
Final plan approval and compliance with all conditions if any are
imposed authorizes recording of the final plan which must be accomplished
before the developer can proceed with the sale of any lots or the
construction of buildings or structures.
A.
Upon the approval of a final plat, the developer shall within 90
days of such final approval or 90 days after the date of delivery
of an approved plat signed by the governing body following completion
of conditions imposed for such approval, whichever is later, record
such plat in the office of the Recorder of Deeds of the county in
which the municipality is located. Whenever such plat approval is
required by a municipality, the Recorder of Deeds of the county shall
not accept any plat for recording, unless such plat officially notes
the approval of the governing body and review by the county planning
agency, if one exists.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Recording of the final plan shall not constitute grounds for assessment
increase until such time as lots are sold or improvements are installed
on the land included within the subject plan.
For any replatting or resubdivision of land, the same procedures
and regulations apply as prescribed for any original land development.
