Final authority for the approval or denial of approval for all preliminary
and final subdivision and land development plans shall be vested in Borough
Council. However, prior to action by Borough Council, all such plans shall
be referred to the Borough Planning Commission for its review and recommendation;
provided, however, that the failure to make such referral and/or failure of
the Planning Commission to review and/or make a recommendation with respect
to any such plan shall not affect the validity of any action taken by Borough
Council with respect to any such plan. In addition, the Borough Council and/or
the Borough Planning Commission may solicit reviews and reports from adjacent
municipalities, other governmental agencies and other persons or entities
that may be affected by the plan.
A.
All subdivision and land development applications shall
be classified as either major or minor:
B.
Major applications shall be subject to all review procedures
specified in this article which relate to preliminary and final plans.
C.
Where an application qualifies as a minor subdivision
or land development under the terms of this section, the applicant may seek
approval in accordance with the preliminary and final plan submission and
review provisions of this chapter or may elect to seek approval according
to the following procedures:
(1)
A sketch plan shall be submitted and reviewed in accordance with §§ 281-12 and 281-13 of this chapter; the requirements and procedures of §§ 281-14 and 281-15 regarding preliminary plans shall be waived, except that written comments on the sketch plan shall be presented by the Planning Commission to the applicant within the time period specified in § 281-15B(3) of this chapter.
(2)
A final plan, prepared in accordance with § 281-26A, B(2) through (10) and D shall be submitted and reviewed in accordance with the applicable provisions of §§ 281-16 and 281-17. As part of the final plan review process, copies shall be sent to the relevant county agencies applicable to preliminary plans in § 281-14D of this chapter.
A.
All applicants for subdivision or land development may submit a sketch plan to the Borough Planning Commission for review prior to submission of a formal application; except under the procedure for minor plans, however, submission of a sketch plan is not mandatory. Except as provided in § 281-11C(1), relating to minor subdivisions and land developments, the submission of a sketch plan does not constitute a formal subdivision or land development application.
B.
Sufficient copies of the sketch plan may be submitted
to the Codes Enforcement Office for distribution to the Planning Commission
and Borough Engineer prior to the Planning Commission meeting at which the
sketch plan is to be discussed. The requisite number of copies shall be as
determined by Borough Council.
A.
Borough Council shall, at a meeting with the applicant,
consider the suitability of the sketch plan for the development of the land
and its relationship to the harmonious extension of streets and utilities,
arrangement and density of housing and compatibility of the plan with the
Comprehensive Plan for the borough. Based on this meeting, Borough Council
shall submit its written comments to the applicant; provided, however, that
the failure of Borough Council to submit comments in writing shall not be
deemed to be an approval of any application or to vest any rights in the applicant.
B.
The applicant may, but need not, request further review
of the sketch plan by the Borough Council. If further review is requested,
Borough Council may consider the sketch plan, may consider the written or
other comments of the Planning Commission, may meet with the applicant and
may advise the applicant as to the Borough Council's or Planning Commission's
comments with respect to the sketch plan; provided, however, that Borough
Council is not required to review the sketch plan nor submit comments to the
applicant if Borough Council does review the sketch plan.
C.
Where the submission of a sketch plan is optional, nothing
herein contained, nor the failure of the Planning Commission or Borough Council,
or both, to proceed or act in accordance with this section shall be deemed
to be a decision with respect to any such subdivision or land development
plan or to vest any rights in the applicant.
D.
All sketch plans required to be submitted pursuant to the provisions of § 281-11C(1) relating to minor subdivisions and land developments shall be reviewed in accordance with the provisions of § 281-15 herein, and all references to "preliminary plan" shall be deemed to refer to "sketch plan."
A.
All preliminary plans submitted pursuant to this chapter
shall conform to the requirements of this chapter and shall, in addition,
conform to such administrative regulations of the borough as may have been
adopted by Borough Council at any time or from time to time and as shall be
in effect and applicable to the submission at the time such submission is
initiated. All submissions shall be on the form promulgated by the borough
for the submission of subdivision or land development plans.
B.
Official submission of a preliminary plan to the Codes
Enforcement Office shall consist of:
(1)
The application for review of preliminary subdivision
or land development plan on the form promulgated by the borough for this purpose.
(2)
A sufficient number of copies (as specified on the application
form) of the preliminary plan and all supporting plans and information to
enable proper distribution and review, as required.
(3)
Payment of application fees and deposit of escrow for
plan review cost as prescribed in the applicable fee schedule.
C.
The applicant shall submit all copies of the preliminary
plan in addition to all required supplemental data to the Borough Codes Enforcement
Office, together with the required fees and escrow deposit established in
accordance with the terms of this chapter. The Borough Codes Enforcement Office
shall note the date of receipt of the application fees and escrow deposit.
(1)
The application shall not be deemed to have been submitted
until a complete application together with the required fees and the required
escrow deposit have been submitted.
(2)
The Borough Codes Enforcement Office shall make a preliminary
review of the application. If the Borough Codes Enforcement Officer determines
that the application is defective on its face, that officer shall notify the
applicant, who may request the return of all submissions for the purposes
of correction and resubmission. A request for the return of all submissions
shall be in writing and shall be deemed to be a withdrawal of the application.
D.
Upon submission of a complete application, together with
all required fees and escrow deposits, the Borough Codes Enforcement Officer
shall accept the application, plans and other required materials as filed
and shall transmit the requisite number of copies of the plans and other required
materials to the Borough Planning Commission and the Borough Engineer. In
addition, the applicant shall transmit copies together with all required review
fees to:
(1)
The Lancaster County Planning Commission (1 copy and
referral letter).
(2)
The Lancaster County Soil and Water Conservation District
(one copy) for review of matters relating to drainage and abatement of soil
erosion. The applicant shall pay any costs for such review.
(3)
Such additional persons or agencies as the borough shall
determine.
A.
Borough Planning Commission.
(1)
The Borough Planning Commission shall review all plans
referred to it and shall consider any recommendation made by any county agency,
the Borough Engineer and any other persons or entity who shall have submitted
comments with respect to any such application.
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of the action of the Planning Commission and the
reasons therefor, citing specific sections of statutes or ordinances relied
upon, to the following:
B.
Borough Council.
(1)
When the Planning Commission has officially submitted
a preliminary plan to Borough Council, such plan shall be placed on its agenda
for review and action.
(2)
In acting on the preliminary subdivision or land development plan, Borough Council shall review the plan and the written comments of the Planning Commission, Borough Engineer, County Planning Commission and all other review agencies and comments from public hearings, if any, to determine conformity of the application to the standards of this and any other applicable ordinance. Borough Council may specify conditions, changes, modifications or additions to the application which Borough Council deems necessary and may make a decision to grant preliminary approval subject to such conditions, changes, modifications or additions, citing appropriate ordinance provisions as prescribed in Subsection B(5) below.
(3)
For the purposes of § 508 of the Municipalities
Planning Code,[1] the Borough Planning Commission is the body which first reviews
any application. All applications for preliminary approval of a plan shall
be acted upon by Borough Council and communicated to the applicant within
90 days following the date of the regular meeting of the Planning Commission
next following the date the application is filed, provided that should the
next regular meeting of the Planning Commission occur more than 30 days following
the filing of the application, the ninety-day period shall be measured from
the 30th day following the day the application is filed.
[1]
Editor's Note: See 53 P.S. § 10508.
(4)
The decision of Borough Council shall be in writing and
shall be communicated to the applicant personally or mailed to the applicant
not later than 15 days following the decision or by the end of said ninety-day
period, whichever shall first occur. The form and content of the decision
shall comply with applicable requirements or the Municipalities Planning Code,
§ 508.[2]
[2]
Editor's Note: See 53 P.S. § 10508.
(5)
Whenever the approval of a preliminary plan is subject
to conditions, the written action of Borough Council as prescribed herein
shall specify each condition of approval, citing relevant ordinance provisions
in each case, and require the applicant's written agreement to the conditions.
Where the applicant's written concurrence is not received within the time
allotted, Borough Council shall be deemed to have denied approval.
A.
The final plan shall conform to the terms of approval
of the preliminary plan and to the most recent administrative regulations
adopted by the borough.
C.
Official submission of a final plan to the Codes Enforcement
Office shall consist of:
(1)
The application for review of the final subdivision or
land development plan on the form promulgated by the borough for this purpose.
(2)
A sufficient number of copies (as specified on the application
form) of the final plan and all supporting plans and information to enable
proper distribution and review, as required by the Board.
(3)
Payment of application fees and deposit of escrow for
plan review costs.
D.
The applicant shall submit all copies of the final plan
in addition to all required supplemental data to the Borough Codes Enforcement
Office, together with the required fees and escrow deposit established in
accordance with the terms of this chapter. The Borough Codes Enforcement Office
shall note the date of receipt of the application, fees and escrow deposit.
(1)
The application shall not be deemed to be submitted until
a complete application together with the required fees and the required escrow
deposit have been submitted.
(2)
The Borough Codes Enforcement Office shall make a preliminary
review of the application. If the Borough Codes Enforcement Office determines
that the application is defective on its face, it shall notify the applicant,
who may request the return of all submissions for the purpose of correction
and resubmission. A request for the return of all submissions shall be in
writing and shall be deemed to be a withdrawal of the application.
E.
Upon submission of a complete application, together with
all required fees and escrow deposits, the Borough Codes Enforcement Office
shall accept the application, plans and other required materials and shall
transmit the requisite number of copies of the plans and other required materials
to the Borough Planning Commission and the Borough Engineer. In addition,
copies shall be transmitted to such additional persons or agencies as the
borough shall determine.
A.
Borough Planning Commission.
(1)
The Planning Commission shall review the final plan submitted
and shall consider any recommendations of the Borough Engineer and any other
reviewing agency submitting comments.
(2)
After such review, the Secretary of the Planning Commission
shall send written notice of action of the Planning Commission and the reasons
therefor, citing specific sections of the statutes or ordinances relied upon,
to Borough Council, the applicant and the governing body of any adjacent municipality
if the proposed project includes land in that municipality or directly on
its boundaries.
B.
Borough Council.
(1)
When the Planning Commission has officially returned
a written report on a final plan to Borough Council, such plan shall be placed
on the agenda of Borough Council for review.
(2)
Upon receipt of the Planning Commission's recommendation
and other supporting information, Borough Council shall, at one or more regular
or special public meetings, review the final plan and shall, within the time
limitations set forth hereinbelow, either approve or disapprove the plan.
Borough Council shall render a decision on all final plans and communicate
it to the applicant not later than 90 days following the date of the regular
meeting of the Planning Commission next following the date the application
is filed, provided that should the next regular meeting occur more than 30
days following the filing of the application, the ninety-day period shall
be measured from the 30th day following the day the application has been filed.
(3)
The decision of Borough Council 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 or by the
end of the said ninety-day period, whichever shall first occur. The form and
content of the decision shall comply with applicable requirements of § 508
of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(4)
The applicant may agree, in writing, to an extension
of time beyond the ninety-day period prescribed by this section in which a
decision concerning the status of an application for approval of a plan is
to be rendered. Upon receipt of the applicant's written agreement, Borough
Council shall render a decision and communicate it, in the prescribed manner,
to the applicant before the termination of the extended time period.
(5)
In addition to the provisions of Subsection C, Borough Council may specify conditions, changes, modification or additions to the application which it deems necessary and may decide to grant final approval subject to such conditions, changes, modification or additions. Whenever the approval of a final plan is subject to conditions, the written action of Borough Council as prescribed herein shall specify each condition of approval, citing relevant ordinance provisions in each case and require the applicant's written agreement to accept the conditions. Where the applicant's written agreement to accept all the conditions is not received within the time allotted, Borough Council shall be deemed to have denied approval.
(6)
Copies of the final plan as finally approved, with the
appropriate signature blocks for Borough Council and Borough Planning Commission
endorsements, shall be distributed by the applicant as follows:
C.
No final plan shall be approved unless:
(1)
All improvements have been satisfactorily completed and
installed as required by this chapter.
(2)
In lieu of the completion and installation of any improvements required as a condition of final plan approval, the applicant shall provide financial security in accordance with the provisions of § 281-19 herein.
(3)
The applicant shall execute a subdivision and land development agreement in accordance with § 281-18.
(4)
If requested, the applicant shall tender a deed of dedication
to the borough for such streets, any and all easements for sanitary sewers,
water lines or storm sewers, and improvements thereto, including street paving,
sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers,
manholes, inlets, pumping stations and other appurtenances as shall be constructed
as public improvements and as are required for the promotion of public welfare,
after all streets, sidewalks, sewers and the like are completed and such completion
is certified as satisfactory by the Borough Engineer. Borough Council may
require that the applicant supply a title insurance certificate from a reputable
company before any property is accepted by the borough.
(5)
Whenever the applicant is providing open space as part
of the development, an easement in perpetuity restricting such open space
against further subdivision or development shall be executed between the applicant
and the borough or an organization acceptable to the borough and shall run
to the benefit of the borough and lot purchasers in the subdivision or land
development. A recorded copy of the deed of easement shall be presented prior
to the issuance of any building permit within the subdivision or land development.
(6)
The applicant shall have applied for all required permits
from agencies having jurisdiction over ancillary matters necessary to effect
the subdivision or land development, such as the Pennsylvania Departments
of Transportation and Environmental Protection, and Public Utility Commission.
The applicant shall execute an agreement, to be approved by the borough,
before the final plan is approved by Borough Council and filed on record.
Said agreement shall specify the following, where applicable:
A.
The applicant shall agree to lay out and construct all
streets and other improvements, including grading, paving, curbs, gutters,
sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees,
storm and sanitary sewers, landscaping, traffic control devices, open space
areas and erosion and sediment control measures in accordance with the final
plan as approved, where any or all of these improvements are required as conditions
of approval.
B.
The applicant shall guarantee the completion and maintenance of all improvements by means of a type of financial security acceptable to the borough, as specified in § 281-19B of this chapter.
C.
The applicant shall agree to tender a deed or deeds of
dedication to the borough for such streets and for such easements for sanitary
and storm sewers, sidewalks, manholes, inlets, pumping stations and other
appurtenances as shall be constructed as public improvements, provided that
the borough shall not accept dedication of such improvements until their completion
is certified as satisfactory by the Borough Engineer.
D.
Whenever an applicant proposes to establish or continue
a street which is not offered for dedication to public use, the applicant
shall submit, and record with the plan, a copy of an agreement made with Borough
Council on behalf of himself, his heirs, assigns and successors in interest,
and signed by him, and which agreement shall establish the conditions under
which the street may later be offered for dedication and shall stipulate,
among other things, that:
(1)
An offer to dedicate the street shall be made only for
the street as a whole.
(2)
The borough shall not be responsible for repairing or
maintaining any undedicated streets.
(3)
The method of assessing snow plowing, repair and maintenance
costs of undedicated streets shall be stipulated and maintenance and repair
schedules established and shall be set forth in a recorded road maintenance
agreement and deed covenants for all properties so as to be binding on all
successors or assigns.
(4)
If dedication is sought, the street shall conform to
borough specifications or the owners of the abutting lots shall, at their
own expense, restore the street to conformance with borough specifications.
A.
The applicant shall deposit with the borough financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including but not limited to streets, walkways, curbs, gutters, streetlights, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in Subsection G hereof, water mains and other water supply facilities, fire hydrants and sanitary sewage disposal facilities. In addition, the applicant shall deposit with the borough financial security in an amount sufficient to cover the cost of meeting the requirements of geodetic control as set forth in § 281-25 herein.
B.
When requested by the developer, in order to facilitate
financing, the borough shall furnish the developer with a signed copy of a
resolution indicating approval of the final plan contingent upon the developer
obtaining a satisfactory financial security. The final plan shall neither
be signed nor recorded until the financial improvements 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 from the date of said resolution or letter of contingent approval unless
a written extension is granted by the borough; such extension shall not be
unreasonably withheld and shall be placed in writing at the request of the
developer.
C.
Financial security required herein shall be in the form
of a federal- or commonwealth-chartered lending institution irrevocable letter
of credit, a restrictive or escrow account in such institution or with a financially
responsible bonding company or such other type of financial security which
the borough may, in its reasonable discretion, approve.
D.
The financial security shall provide for and secure to
the public the completion of all subdivision improvements for which such security
is being posted within one year of the date fixed in the subdivision plan
and subdivision agreement for completion of such improvements. 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 Pennsylvania,
and certified by such engineer to be a fair and reasonable estimate of such
cost. Borough Council, upon the recommendation of the Borough Engineer, may
refuse to accept such estimate for good cause shown. If the applicant or developer
and the borough are unable to agree upon an estimate, the estimate shall be
determined in accordance with the terms of § 509(g) of the Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509(g).
E.
The amount of financial security shall be equal to 110%
of the cost of completion of the required improvements (including landscaping
stormwater management, trails and any improvement to private properties which
are required by the approved plan), for which financial security is to be
posted, in accordance with the terms of § 509(f) of the Municipalities
Planning Code.[2] 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 procedure
for estimating cost.
[2]
Editor's Note: See 53 P.S. § 10509(f).
F.
Where development is projected over a period of years,
Borough Council may authorize submission of final plans by section or stage
of development, subject to such requirements or guarantees as to improvements
in the future sections or stages of development as it finds essential for
the protection of any finally approved section of the development and consistent
with the terms of § 508(4) of the Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10508(4).
G.
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.
H.
As the work of installing the required improvements proceeds, the party posting the financial security may request Borough Council to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to Borough Council, and Borough Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer that fairly represents the value of the improvements completed. The Borough Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant but shall certify to Borough Council his independent evaluation of the proper amount of partial releases. Borough Council may, prior to final release at the time of completion and certification by the Borough Engineer, require retention of 10% of the estimated cost of the aforesaid improvement in accordance with the provisions of Subsection E of this section.
Within 90 days of the date of final plan approval, the final plan shall
be recorded by the applicant in the office of the Recorder of Deeds of Lancaster
County, and a copy of the recorded plan shall be furnished to the Borough
Engineer. If such plan should fail to be recorded within the specified period
of time, and the time for recording has not been extended by the written action
of Borough Council, then the approval thereof shall be considered null and
void. Borough Council may reinstate approval of the plan and authorize its
recording where, following expiration of the ninety-day period or any approved
extension thereof, no significant changes to relevant ordinance provisions
or to other circumstances relevant to the proposed plan have been made. Conversely,
in the event that such changes to the proposed plan have occurred, the original
plan approval shall continue to be null and void.
A.
Except in accordance with the completion of improvements
pursuant to preliminary plan approval and as a condition to final plan approval,
no construction or land disturbance activities (not including soil or percolation
testing, well drilling or similar engineering or surveying activities) shall
be commenced until the applicant submits to the Borough Secretary a copy of
the Lancaster County Recorder of Deeds' receipt for the recording of the final
plan.
B.
No application for a permit under the Borough Zoning
Ordinance[1] shall be submitted and no permit under the Borough Zoning Ordinance shall be issued for any building in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for said subdivision or land development have been approved and recorded as provided for and until the terms of Subsection A hereof have been satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been satisfied.
C.
No water system or sewer system, including extensions
to existing or proposed borough systems or new systems employing sewage treatment
plants, shall be constructed prior to the issuance of appropriate permits
from the Pennsylvania Department of Environmental Protection or from federal
or local agencies, as required.
The approval of any subdivision or land development plan shall be effective
for the five-year period established by § 508(4) of the Municipalities
Planning Code.[1] The aforementioned section of the Municipalities Planning Code
shall control any phased submission and any vested rights which may accrue
from the date of preliminary plan approval.
[1]
Editor's Note: See 53 P.S. § 10508(4).
Major modifications of the approval plan, as determined by the borough,
shall be resubmitted and reprocessed in the same manner as the original plan.
All site disturbance activities shall cease pending approval of modified plans.
