Any prospective subdivider or land developer is encouraged to
meet with the Township staff to discuss and review tentative plans
and/or the provisions of this chapter prior to officially submitting
a plan. A pre-application meeting with the County Conservation District
may also be advisable.
Preliminary and final plans shall be prepared by an engineer,
surveyor, and/or a landscape architect registered in the Commonwealth
of Pennsylvania to perform such duties. Any application involving
a new lot or a revised lot line shall be stamped and signed by a registered
surveyor. Aspects that require civil engineering expertise shall be
stamped and signed by a professional engineer.
A.
Applicants are strongly encouraged to submit an informal sketch plan for Township review, prior to submitting detailed preliminary or final plans. A sketch plan submittal can often save an applicant time and expense by allowing the discussion of layout matters prior to completing detailed engineering of a project. See Article IV.
B.
A 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.
Comments provided by Township officials on a sketch plan shall not
be considered binding upon the Township, and shall not be considered
a comprehensive review of all potential concerns or ordinance compliance
issues.
Any subdivision or land development which contains no more than
five total residential or agricultural lots or prospective dwelling
units shall be considered a minor subdivision or a minor land development
and shall be submitted and acted upon as a final plan, without the
necessity of a prior preliminary plan approval. However, a preliminary
plan shall first be required if the application will involve the construction
of a new street.
A.
Submission procedure:
(1)
Required plans may be submitted to the Township Administrator at
the Township Municipal Office on any business day. However, to be
placed on the Planning Commission agenda for that month, plans must
be received by 12:00 noon of the first Township business day of every
month.
(2)
If applicable, applicants shall submit a completed sewage facilities
plan (Act 537) revision or supplement application in conjunction with
the preliminary plan application, in order to avoid unnecessary delays.
(3)
See the provisions of Section 508.1 of the MPC (as amended in 2012),
which requires that the Township staff regularly report applications
for new subdivisions and land developments to the School District.
B.
Application requirements. All plan applications shall include:
(1)
A minimum of 10 copies of the preliminary and/or final plan and three
sets of supporting documents, completed checklist, notifications,
and certifications as required by this chapter. In addition, two additional
copies of the plan that show (at a minimum) the proposed layout, any
road improvements, fire hydrants and water lines shall be provided
for review by the Police Chief and Fire Chief. Additional copies may
be required by the Township.
(2)
One signed copy of the completed application form (on the application
form found in Appendix No. 4).[1]
[1]
Editor's Note: Appendix Nos. 1 through 6 are included as an attachment to this chapter.
(3)
Two copies of any waiver/modification requests (on the waiver/modification
request form found in Appendix No. 5).[2]
[2]
Editor's Note: Appendix Nos. 1 through 6 are included as an attachment to this chapter.
(4)
All required Township fees and escrow amounts, including as described in § 165-23, and as set by the Township Board of Supervisors by ordinances or resolutions, as amended.
(5)
If any materials are submitted to the Township with a claim of a
copyright, such copyright shall not prevent the distribution or reproduction
of materials for the purposes of official reviews or actions or to
comply with the State Right-to-Know/Open Records Laws.
C.
Township Administrator's permanent record. The Township Administrator
shall maintain a log containing the following information:
(1)
The title of the plan.
(2)
The name of the owner or developer of the plan.
(3)
The name of the professional preparing the plan.
(4)
The name, address, telephone number, and relationship to the owner
or developer of the plan of the person filing the plan.
(5)
The date and time of the filing.
(6)
County tax parcel numbers and/or parcel identification numbers.
(7)
Description of materials received.
A.
The Township Administrator shall, within seven days from the date of submission of an application, determine if the application is complete in accordance with § 165-11. This determination shall not constitute approval or disapproval of the plan and application but is rather a determination of administrative completeness.
B.
If the application is found to be incomplete, the Township Administrator shall notify the applicant, in writing, that the submitted application is incomplete and does not constitute a formal application and shall note the deficiencies. The formal review period as specified by § 165-16B and the MPC shall not begin until an administratively complete application has been received by the Township.
A.
The Township Administrator shall forward one copy of the plans and
applicable official reviews to each member of the Township Planning
Commission for their review and recommendation.
B.
Additional copies of the plans and reports shall be distributed to
the York County Planning Commission (YCPC) and Township Engineer,
unless the Township directs the applicant to deliver a copy to YCPC.
The Township Administrator should forward copies to the Public Works
Coordinator, Fire Chief and Police Chief and other officials who are
deemed appropriate.
C.
No official action shall be taken by the Township to approve or reject
an application until the YCPC has been provided at least 30 days of
review time, unless such comments are provided sooner.
D.
The comments from the Township staff and YCPC shall be forwarded
to the Township Planning Commission and Board of Supervisors. After
its review, the Township Planning Commission shall submit its recommendations
to the Board of Supervisors.
E.
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 MPC review period, the preliminary plan may be revised by
the applicant. The required number of copies of the revised plan shall
be submitted, which shall note the dates of any and all revisions
and a summary of the nature thereof. One of the copies submitted shall
be clearly highlighted (preferably in color) to identify the revisions.
(1)
If it is determined that the revision(s) are of a substantial nature,
the applicant shall sign a statement stipulating that a new ninety-day
time period shall commence from the date of the Planning Commission's
meeting next following the filing of the revised preliminary plan.
Or, in the alternative, the applicant shall sign a statement granting
an extension of time for a lesser period to be concurred with by the
Planning Commission. The additional reviews required for revised plans
may require the payment of additional fees by the applicant.
F.
The applicant shall submit additional copies of all plans and reports
to the York County Conservation District, PennDOT and/or PADEP, if
required by the regulations of such agencies. The Township may also
require that a copy of the layout and grading plan be submitted to
the Township Recreation Board for review.
A.
All plans and reports shall be reviewed by the Township for compliance
with:
(1)
The standards, requirements, improvements, design and dedications,
or reservations required by this chapter.
(2)
The Official North Codorus Township Sewage Facilities Plan (537 Plan).
(3)
Site suitability for the particular type of development proposed.
(4)
The availability of necessary services and facilities.
(6)
The requirements of any other applicable Township ordinance, unless
compliance will be determined later as part of a separate application.
(7)
The North Codorus Township Construction Specifications.
B.
The Board of Supervisors shall consider any comments received from
the following, at a minimum, in addition to reviewing public comments
as the Board deems appropriate:
(1)
Township Planning Commission.
(2)
Township Engineer and/or planning consultant.
(3)
Any Township Environmental Advisory Committee.
(4)
Township Zoning Officer and other staff.
(5)
Any Township or Intermunicipal Recreation Board or Parks Commission.
(6)
Police Chief or Township Fire Chief.
(7)
York County Planning Commission.
(8)
State agencies, such as DEP or PennDOT.
(9)
York County Conservation District.
A.
Applicability. This section provides a process allowing an applicant
to request a waiver or modification of a specific section(s) of this
chapter for a particular application. Such waiver or modification
shall not be approved unless it meets the standards of this section.
The waiver or modification shall require the written approval of the
Board of Supervisors.
B.
Standards. Wherever the term "waiver" is used, it shall also be interpreted
to mean "and/or a modification." A waiver or modification may be approved
by the Board of Supervisors when the applicant is able to demonstrate
that one or both of the following conditions apply:
C.
Application requirements.
(1)
All waiver/modification requests must be completed in writing on
the waiver application form as found in Appendix No. 5.[1]
[1]
Editor's Note: Appendix Nos. 1 through 6 are included as an attachment to this chapter.
(2)
Waiver/modification requests shall be submitted in writing by the
applicant. Two copies of each waiver request shall be submitted. However,
if any of this information was submitted with an approved preliminary
plan, it need not be submitted with the application for final plan.
(3)
The Township staff, Planning Commission, and Board of Supervisors may consider a verbal waiver/modification request at their respective meetings provided this request meets the standards contained in Subsection B of this section and a formal written request is completed at the meeting.
(4)
The appropriate fee shall be submitted with each waiver/modification
request.
D.
Distribution. One copy of the waiver/modification request shall be
distributed by the Township Administrator to the Township Engineer,
Township Planning Commission, and the Board of Supervisors.
E.
Review of a waiver/modification request.
(1)
All waiver requests shall first be offered for review by Township
staff and the Township Engineer. If necessary, other Township officials
may be requested to review the request. Secondly, the Township Planning
Commission shall be offered an opportunity to review the request.
(2)
A review of the waiver request should determine its conformance with
the standards contained in this chapter. The review should recommend
to the Board of Supervisors whether the waiver request be approved
or disapproved.
F.
Ruling on the waiver or modification.
(1)
The Township Board of Supervisors shall consider and act upon requests
for waiver or modification at a legally advertised meeting of the
Board that is open to the public.
(2)
A formal hearing shall not be required.
(3)
The applicant or his representative shall present written and/or
verbal justification for the request.
(4)
The Township Board of Supervisors, after considering the application,
may grant or deny the waiver or modification.
(5)
The Township Board of Supervisors shall record its action and at
least one reason for the approval. A note should be placed on the
plan by the applicant stating the modification and date granted.
(6)
Whenever a request for the waiver or modification is denied, the
Township Board of Supervisors shall record its action in its minutes,
and shall notify the applicant or the applicant's representative.
A.
After receipt of the Township Planning Commission's recommendations,
the Township Board of Supervisors shall:
(1)
Evaluate the applicant's submission and presentation, the report
of the Township Planning Commission and review comments of the County
Planning Commission and Township Engineer and/or other reviews and
comments they deem appropriate;
(2)
Determine whether the plan meets the requirements of this chapter;
and
(3)
Either approve, conditionally approve, or disapprove the plan.
B.
The Township Board of Supervisors shall render its decision 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 was properly filed as a complete application. However,
should the said next regular Planning Commission 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 application
was filed. These time limits may be extended in writing by an applicant
or as otherwise provided under this chapter.
(1)
The decision of the Board shall be in writing and shall be communicated
to the applicant personally or mailed to the applicant at the last
known address not later than 15 days following the decision.
(2)
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the chapter relied upon.
(3)
The Board of Supervisors shall not approve any plan until the County
Planning Commission report is received or until the expiration of
30 days from the date the application was forwarded to the county.
C.
In the event that the Board of Supervisors shall approve a plan subject
to conditions, the applicant shall indicate, in writing, his/her acceptance
or rejection of any conditions which may be imposed. Approval of the
plan may be rescinded upon the applicant's failure to accept or reject
such conditions within 30 days of the date of the Board's written
communication of its decision.
D.
Before acting on an application, the Board of Supervisors may hold
a public hearing thereon after public notice, given that it is done
within the allowed review period.
Changes to Township ordinances after a preliminary plan is submitted.
See Section 508(4) of the MPC.
Where a final plan is required, a final plan shall be submitted
to the Township within a maximum of five years after the date of the
preliminary plan approval, and be subsequently approved, or else the
preliminary plan approval shall become null and void.
A.
Approval of the preliminary plan constitutes approval of the proposed
subdivision or land development with respect to general design, the
approximate dimensions and other planned features.
B.
Preliminary plan approval binds the applicant to the general scheme
of the plan as approved, unless a new preliminary plan is submitted
and approved.
C.
Preliminary plan approval does not authorize the recording, sale,
or transfer of lots.
A.
Upon the approval of a final plan, the applicant shall, within 90
days of such approval, record such plan in the office of the Recorder
of Deeds of York County. The Recorder of Deeds shall not accept any
plan for recording unless such plan officially notes the approval
of the Board of Supervisors and review by the York County Planning
Commission. The applicant shall bear any costs required to provide
the Recorder of Deeds with a recordable plan in the required format.
(1)
The Township Administrator may allow a plan to be signed by the Township
with new dates prior to recording if the delay in recording was caused
by an applicant actively working to comply with Township conditions
upon approval and/or actively working to obtain necessary state or
federal approvals or permits.
B.
Within 10 days after recording, the applicant shall furnish to the
Township Administrator two Mylar copies of the plan bearing the Recorder's
certificate certifying that said plan is properly recorded. Additionally,
two Mylar copies of all plans required to show any dedicated rights-of-way,
public improvements, and the overall scope of the project shall be
provided to the Township. The Township Administrator may pre-approve
the substitution of other materials or formats. An electronic copy
of the recorded plan in a standard format shall also be submitted
to the Township.
C.
The record plan shall clearly state which streets, public grounds,
easements, and other public improvements are intended to be offered
for dedication to the Township.
D.
Streets, public grounds and other improvements shall be deemed private
until they may be accepted by ordinance or resolution.
A parcel of land may be added to an existing recorded lot for
the sole purpose of increasing the lot size provided that:
A.
No plan which will require access to a highway under the jurisdiction
of the PennDOT shall be finally approved unless the plan contains
a notice that a highway occupancy permit is required pursuant to Section
420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the
"State Highway Law," or any amendments thereof,[1] before driveway or utility access to a state highway is
permitted.
[1]
Editor's Note: See 36 P.S. § 670-101 et seq.
B.
The plan shall be marked to indicate that access to the state highway
shall be only as authorized by a highway occupancy permit.
C.
Neither PennDOT nor the Township 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 driveway
permit by PennDOT.
D.
The applicant is urged to discuss the placement and dimensions of
all proposed driveways with Township officials prior to application
for a highway occupancy permit in order to ensure the safety and efficiency
of the proposal.
A.
The Board of Supervisors shall establish a schedule of various fees,
payable in advance, for review of all subdivision or land development
plans. The Township may require the payment of funds into an escrow
account to cover review fees and other authorized costs. Such fees
shall be set by resolution of the Board of Supervisors, a copy of
which shall be available for review at the Township office. Such fees
shall be intended to compensate the Township for administrative costs,
as well as to cover costs of professional reviews and other authorized
purposes.
(1)
Review fees shall be reasonable and in accordance with the ordinary
and customary charges by the Township's Engineer or professional consultant
for similar service in the community, but in no event shall the fees
exceed the rate or costs charged by the Engineer or professional consultant
to the Township when the fees are not reimbursed or otherwise imposed
on developer or subdivider.
(2)
Note: The MPC includes a procedure for disputes involving review
fees, in Section 510.
B.
All required fees and other charges shall be paid by the developer
or subdivider to the Township at the time of submission of the plan,
whether preliminary or final. Payments shall be by check or money
order or other mechanism acceptable to the Township, payable to North
Codorus Township, and shall be in addition to any fee required by
the County Planning Commission, the Conservation District or other
reviewing agency.
C.
No preliminary or final subdivision or land development plan shall
be accepted for filing by the Township staff or acted upon unless
and until payment of the required fees and any escrow account are
made to the Township and the appropriate reviewing agencies. Failure
to pay such fees shall constitute an incomplete filing, and such filing
shall be rejected by the Township staff.
D.
The Township shall have the right to require a developer or subdivider to prepay into an escrow account in an amount reasonably designed to cover any and all costs required in this § 165-23 or elsewhere in this chapter, as determined by the Township staff. In the event the reasonable costs incurred by the Township, on account of the items set forth below, and/or the reasonable costs as estimated by the Township's Engineer and/or Solicitor to be incurred on account of the items set forth below, exceed or are expected to exceed the Township's initial fees, the developer or subdivider shall be required to immediately pay such additional sums to the Township. The Township may withhold final approval of the preliminary or final plan or approval of the plan for recording if required fees have not been paid. Authorized items for Township fees and reimbursements include, but are not necessarily limited to:
(1)
Plan review or other document review or preparation by the Township
Engineer and/or planner.
(2)
Plan or other document review or preparation, if and as necessary,
by the Township Solicitor.
(3)
Any legal advertising costs.
(4)
Inspections by Codes Enforcement Staff, Zoning Officer, Sewage Enforcement
Officer, or any other professionals by whom inspections are required
by this chapter, or any other Township or county ordinance, rule,
regulation, or specification, or state or federal statute, rule or
regulation.
(5)
Any inspections required pursuant to this chapter.
(6)
Preparation or review of cost estimates of required improvements,
review of requests for reduction of a performance or maintenance guaranty
bond or other security agreement upon partial or total completion
of required improvements, or determination of required amounts of
performance or maintenance guaranty bond or other security agreement.
(7)
Inspection of required improvements during installation or construction.
(8)
Final inspection on completion of installation or construction of
improvements.
(9)
The costs of all street signs and traffic control signs or devices on streets to be constructed by the developer or subdivider which are dedicated to and/or intended to be adopted by the Township. These costs can, at the discretion of the Board of Supervisors, be included in the cost of public improvements, if any, and regulated by Article X of this chapter.
E.
By filing for subdivision or land development plan approval, whether preliminary or final, the developer or subdivider agrees to and shall be obligated to pay all costs provided or required by this § 165-23 or elsewhere in this chapter. Payment of such costs shall be promptly submitted to the Township, as applicable, by the developer or subdivider upon submission by the Township of invoices from time to time.
F.
The Township shall keep track of the expenses incurred for the plan pursuant to this § 165-23. Upon the completion of Township activity on the proposed application, the Township shall refund to the developer or subdivider any and all unused portions of said funds. Separate provisions of this chapter address funds posted as financial security for improvements pursuant to Article X of this chapter, which article shall control the distribution and disbursement of those funds.
G.
No preliminary or final subdivision or land development plans shall be approved by the Board of Supervisors and no zoning permit or other permit required by this chapter or any other Township ordinance, code, or regulation shall be issued by the Township or the Township Zoning or Codes Enforcement Officer until all such fees and costs have been paid in full by the developer or subdivider, unless such fees or costs are disputed, which disputes shall be resolved pursuant to Subsection A(1).
See the provisions of the MPC (such as Section 510) that address
disputes over fees charged by the Township.
The Township may offer a mediation option as an aid in completing
proceedings required by this article. In exercising such an option,
the Township and mediating parties shall meet the stipulations and
follow the procedures set forth in applicable provisions of the MPC.
For any replatting or resubdivision of land, the same procedures
and regulations apply as prescribed for an original application. The
plan shall indicate by title that any change is a "revised final plan"
and refer to the original final plan number and date of original approval.
