No building/demolition permit or building certificate of occupancy shall be issued prior to the unconditional approval of a final land development or subdivision plan or a minor plan processed in accordance with § 265-21 and the satisfaction of all conditions of plan approval in accordance with this chapter. In addition, copies of the plan and related documents to be recorded by the applicant shall first be signed by the appropriate City staff or approval body prior to receiving any permits to commence work as proposed on the plan.
A. 
At the time of submission of a final plan, the applicant shall submit the plan to the Lancaster County Planning Commission (LCPC) with the required LCPC application form and fee. The applicant shall also submit the plan to other relevant agencies for review and comment. No action on the final plan shall be taken by the Commission until the LCPC report has been received or until the expiration of 30 days from the date the application was forwarded to the LCPC. All accepted applications shall be reviewed and final action taken by the Commission within 90 days of the Commission's next regularly scheduled public meeting following the date the application was filed and accepted or after a final order of court remanding an application. An exception to the ninety-day stipulation for the Commission to take final action occurs only when the applicant has agreed, in writing, to an extension of time.
B. 
The following steps shall be followed during the final plan process:
(1) 
Applications shall consist of the following:
(a) 
City review: One paper copy of all application materials and reports shall be submitted to the Chief Planner. An electronic copy of all application and resubmission materials shall be submitted in a format acceptable to the Chief Planner. A completed application form, a fee in accordance with the fee schedule adopted by resolution of City Council, and a completed LCPC plan processing application shall be submitted. If the subdivision or land development involves the construction, modification or vacation of a street, one additional copy of the plan shall be submitted. The Planning Bureau may request additional paper copies as needed.
[Amended 11-10-2020 by Ord. No. 12-2020]
(b) 
LCPC review: Copies of the plan, reports and filing fee shall be in accordance with LCPC filing requirements.
(2) 
The final action of the Commission shall be in writing and shall be communicated to the applicant personally or mailed to same at their last known address not later than 15 calendar days following the Commission's action. The written communication shall note one of the following actions:
(a) 
Unconditional approval;
(b) 
Conditional approval requiring changes pertaining to the plan, submission of revised technical reports, the reason for the conditional approval, the provisions of the statute or ordinance relied upon, or conditions agreed to by the applicant; or
(c) 
Disapproval, including the defects found in the application, the requirements that have not been met, proposed mitigation measures for negative impacts identified in impact studies or reports that have been determined to be inadequate and changes in plans and specifications that would cause the Commission to determine that mitigation measures are adequate, and the provisions of the statute or ordinance relied upon.
(3) 
When the Commission grants conditional approval of a plan, the following procedure shall be applicable:
(a) 
When a final plan has been approved subject to conditions, and when the applicant rejects one or more of the conditions, the applicant shall so notify the Planning Commission in writing within 30 days of the Commission's action. Such notification of rejection of one or more of the conditions of approval shall serve to automatically rescind the conditional approval of the plan. Failure of the applicant to notify the Commission of rejection of one or more of the conditions of approval within the time so specified shall serve as notice of acceptance of the conditions of approval and that the applicant intends to fully comply with the conditions unless such conditions are invalidated by final order of court upon appeal thereto by the applicant.
(b) 
If the applicant and the Commission agree to additional conditions of final plan approval that are not otherwise enforceable under statute or ordinance, all such conditions shall be embodied in a developer's agreement entitled "Final Plan Developer's Agreement," which lists the agreed upon conditions (see Appendix C).[1] Acceptance or rejection of the final plan agreement shall be done in accordance with the procedures set forth in § 265-29B(3)(a).
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c) 
Upon receiving a conditional approval, the applicant shall have one year from the date of the Commission's conditional approval to submit two copies of a revised final plan which complies with all conditions, including compliance with all conditions agreed to by the applicant in any final plan developer's agreement. The Commission may grant an extension of the time period for final plan approval upon written request by the applicant. Failure to submit a revised final plan which complies with all conditions within the aforesaid time period shall serve as a rejection of the conditions by the applicant and serve to automatically rescind the plan approval.
(4) 
Upon determination that all conditions of the Commission's conditional approval have been met, the Chief Planner shall transmit a written notification to the applicant indicating that the final plan conditions have been satisfied. The applicant shall submit one mylar and three paper sets of plans along with a digital file of all documents to be recorded in a format acceptable to the Chief Planner.
[Amended 11-10-2020 by Ord. No. 12-2020]
(5) 
Disapproval of the plan requires that the applicant resubmit the plan. A resubmitted plan shall be considered and reviewed as a new plan in accordance with this § 265-29.
(6) 
After the Commission grants unconditional approval or the conditions of approval have been satisfied, but prior to recordation of the plan, the applicant shall submit a Community Benefits Survey to the Chief Planner; such survey to be promulgated from time to time by the Director of Community Planning & Economic Development. The final plan shall be signed by the City Engineer and the Commission Chairperson or Vice Chairperson, and the applicant shall present the plans to the LCPC for approval signatures. Upon securing all approvals, the applicant shall, within 90 days of such final approval or 90 days after the date of delivery of an approved plan signed by the Commission following completion of conditions imposed for such approval, whichever is later, record such plan in the office of the Lancaster County Recorder of Deeds. Failure to record the plan within this time period shall cause the Commission's approval to become null and void, unless an extension of time has been requested by the applicant in writing and granted by the Commission.
[Amended 11-10-2020 by Ord. No. 12-2020]
(7) 
Plans which are tabled prior to final action shall be reviewed in one of the following manners:
(a) 
Any plan which, in the opinion of the Commission, cannot be adequately reviewed due to, but not limited to, a lack of information or nonconformity with existing federal, state or local regulations, may be tabled. Written notice of the tabling action shall be mailed to the applicant no later than 15 days following the tabling action. Any plan tabled during the Commission's ninety-day review and approval period shall be rescheduled for final action within the same aforementioned ninety-day period. If the applicant must provide supplemental information for a tabled plan, this information shall be provided to the Chief Planner at least 21 days prior to the Commission meeting when the plan will be reconsidered.
(b) 
An applicant may request in writing to the Commission that the plan be tabled. Plans which are tabled by the Commission shall be rescheduled for final action within the Commission's ninety-day review period unless the applicant has agreed, in writing, to an extension of time.
(8) 
An applicant may withdraw a plan from the Commission's consideration by means of written communication to the Commission or Chief Planner; however, fees for plans which are withdrawn shall not be returnable nor credited toward any resubmitted plans. A resubmitted plan shall be considered and reviewed as a new final plan in accordance with procedures and requirements set forth in this article.
(9) 
From the time an application is duly filed until the completion of required improvements, the application shall have those protections from change or amendment of zoning, subdivision, stormwater or other governing ordinance or plan set forth in § 265-23B(9) through (14).
A. 
Recording of the final plan, after approval by the City Engineer and Commission, shall have the effect of an irrevocable offer to dedicate all streets and other areas designated in the final plan for public use, unless reserved by the applicant as provided for in § 265-30B of this chapter. However, the approval of the Commission shall not impose any duty upon the City, county or Commonwealth of Pennsylvania concerning acceptance, maintenance or improvement of any such dedicated areas or portions of same until the proper authorities of the City, county or commonwealth actually accept same by ordinance or resolution.
B. 
The applicant may place a notation on the final plan to the effect that there is no offer of dedication to the public of certain designated areas, in which event the title to such areas shall remain with the applicant or shall be transferred to adjacent owner/owners or approved homeowners association; and the Commonwealth of Pennsylvania, County of Lancaster or City shall assume no right to accept ownership, maintenance or improvement thereof.
A. 
The final plan shall meet all of the requirements of Article V, § 265-26, Minor and preliminary plan specifications and data, and shall be accompanied by the following certificates, which shall be signed after all conditions have been satisfied:
(1) 
Certificate for approval by the Commission (see Appendix A).[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Certificate for approval by the City Engineer (see Appendix A).[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3) 
Certificate of review by the Lancaster County Planning Commission, as stipulated by LCPC.
(4) 
Certificate for the dedication of streets, alleys or other land for public use (see Appendix A).[3]
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
The final plan also shall show or include the following additional information:
(1) 
A plan note indicating dates and action taken by other City boards and commissions and of other approvals or permits received from federal, state or local agencies.
(2) 
Plan notes describing any existing deed restrictions or easements affecting the site, proposed deed restrictions or covenants, and a source reference for any condominium declaration.
(3) 
Notice from Lancaster County-Wide Communications stating that the proposed street names are acceptable.
(4) 
Evidence of review and/or action taken on the plan by an adjacent municipality, if applicable.
(5) 
If covenants are to be placed upon the use of the land in a subdivision or land development, said covenants shall be submitted to the Chief Planner for review and comment and shall be recorded at the time of plan recording. Evidence of such recordation shall be provided to the Chief Planner.
C. 
For condominium plans, the full set of plans and documents shall be provided, including but not limited to, the declaration, declaration plan unit boundaries, floor plans, proposed use of each unit, description of common elements, easements, and other features as required by Title 68, Real and Personal Property, Part II, Real Property, Subpart B, Condominiums, as amended by Senate Bill 65, 1979, or other applicable laws of the commonwealth for proposed condominiums.
All required improvements shall be installed by the applicant and approved by the City prior to the Commission signing the final plan. In lieu of having completed the improvements, the applicant shall post an improvement construction guaranty, as specified in Article X, Improvement Construction Assurances. If required by the Commission, the applicant shall indicate the intent to construct the required improvements by executing a final plan developer's agreement (see Appendix C),[1] which shall be submitted prior to approval of the final plan.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.