Copies of this chapter shall be available on
request for the use of any person who desires information concerning
subdivision and land development standards and procedures in effect
within the Borough. Any prospective subdivider or land developer may
meet with the Borough Council and Planning Commission to discuss and
review tentative plans and/or the provisions of this chapter.
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. Metes and
bounds descriptions shall be prepared by surveyors, and designs which
entail engineering expertise shall be prepared by professional engineers.
A.
Where a land development plan includes improvements, the developer may submit a sketch plan to the Planning Commission in accordance with the provisions of Article III.
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 Borough.
C.
As far as may be practical on the basis of the sketch
plan review and discussion, the Borough will informally advise the
developer as promptly as possible of the extent to which the proposed
land development conforms to both the Borough's Subdivision and Land
Development and Zoning Ordinances[1] and will discuss possible plan modifications necessary
to secure conformance.
A.
Any subdivision or land development which contains
no more than four lots or prospective dwelling units may be reviewed
and acted upon as a final plan without the necessity of a prior preliminary
plan approval.
B.
Such determination shall be made by the Borough Engineer
after receipt of a written request for waiver of the requirement for
a preliminary plan and a meeting to review the proposed plan. However,
preliminary plans are required for any of the following:
(1)
Residential land development involving more than four
units and requiring public improvements.
(2)
Residential subdivision involving more than four lots,
whether initially or cumulatively.
(3)
Subdivision and land development involving new streets,
alleys, public or joint-use sanitary sewer facilities, public or joint-use
water supplies or stormwater management facilities.
A.
Submission procedure:
(1)
Preliminary plans may be submitted to the Borough
Zoning Officer at the office of the Zoning Officer on any business
day. However, to be placed on the agenda for that month, plans must
be received 10 days prior to the monthly meeting.
(2)
Applicants shall submit a sewer facilities plan revision
or supplement in conjunction with the preliminary plan application
in order to avoid unnecessary delays.
B.
Application requirements. All plan applications shall
include:
(1)
A minimum of seven copies of the preliminary and/or
final plan and supporting documents, as required by this chapter.
Additional copies may be required by the Borough.
(2)
One copy of the application form (on the application
form available from the Borough Zoning Officer).
(3)
Two copies of any waiver requests (on the waiver request
form available from the Borough Zoning Officer).
C.
The Borough Zoning Officer 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 surveyor or engineer 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, time and place of the filing.
(6)
Tax parcel numbers.
(7)
Description of materials received.
D.
All plans shall be stamped by the Borough Zoning Officer
with the time and date when they are received.
The Borough Zoning Officer, within seven days from the date of submission of an application, shall determine if the application is complete in accordance with § 158-9. This determination shall not constitute approval or disapproval of the plan and application but is rather a determination of administrative completeness. If the application is found to be incomplete, the Borough Zoning Officer 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 § 158-14B and the Pennsylvania Municipalities Planning Code shall not begin until an administratively complete application has been received by the Borough.
B.
The applicant shall submit additional copies of the plans and reports to the York County Planning Commission and Borough Engineer on the same date as required in § 158-9A(1) of this chapter.
C.
The York County Planning Commission shall review the
plans and reports and forward its comments to the Planning Commission
within 30 days from the date the application was forwarded to it.
D.
The comments from the Borough Engineer and the York
County Planning Commission shall be forwarded to the Planning Commission
and Borough Council. After its review, the Planning Commission shall
submit its recommendations to the Borough Council.
E.
During the course of the Planning Commission's review
of the preliminary plan and prior to any action by the Borough Council,
within the required ninety-day 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 color coded to identify the revisions.
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, Pennsylvania
Department of Transportation, Pennsylvania Department of Environmental
Protection and the Borough Recreation Board, as required by the proposed
subdivision and/or land development and applicable regulations.
A.
All plans and reports shall be reviewed by the Borough
for compliance with:
(1)
The standards, requirements, improvements, design
and dedications or reservations required by this chapter.
(2)
The Jefferson Borough Comprehensive Plan, as amended
and supplemented.
(3)
The Official Jefferson Borough Sewage Facilities Plan
(537 Plan).
(4)
Site suitability for the particular type of development
proposed.
(5)
The availability of necessary services and facilities.
(7)
The requirements of any other applicable Borough chapter.
(8)
Any state highway, either existing or proposed by
the Pennsylvania Department of Transportation.
B.
The Borough Council shall consider the comments and
recommendations from the following:
(1)
Planning Commission.
(2)
Borough Engineer and/or Planning Consultant.
(3)
Jefferson Borough Historical Commission.
(4)
Codorus Valley Historical Society.
(5)
Zoning Officer.
(6)
Zoning Hearing Board.
(7)
Jefferson Borough Recreation Board.
(8)
Jefferson Borough Fire Chief.
(9)
York County Planning Commission.
(10)
Pennsylvania Department of Environmental Protection.
(11)
Pennsylvania Department of Transportation.
(12)
York County Conservation District.
(13)
Any interested citizen.
A.
Purpose. Where the literal enforcement of the provisions
of these regulations will exact an undue hardship upon an applicant,
a waiver may be requested of the Borough Council. A waiver is the
process to receive a modification of a requirement as it applies to
a specific application.
B.
Standards. A waiver may be approved by the Borough
Council when the applicant is able to demonstrate that:
(1)
The literal enforcement of a requirement of this chapter
will exact an undue hardship (not solely financial) by reason of a
peculiar condition (to the land) that pertains to a specific proposal.
(2)
An alternative standard is equal or better.
(3)
The waiver will not be contrary to the public interest.
(4)
The waiver is consistent with the intent of this chapter.
(5)
The waiver is consistent with the purpose of this
chapter.
C.
Application requirements:[1]
(1)
All waiver requests must be completed, in writing,
on the waiver application form as available from the Borough Zoning
Officer.
(2)
Waiver requests shall be submitted, in writing, by
the applicant to the Borough Zoning Officer concurrently with the
application for a subdivision and/or land development plan. 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.
E.
Review of a waiver request:
(1)
All waiver requests shall first be reviewed by the
Borough Engineer. If necessary, other Borough officials may be requested
to review the request. Secondly, the Planning Commission shall review
the request.
(2)
A review of the waiver request shall determine its
conformance with the standards contained in this chapter as well as
other applicable ordinances. Review comments shall cite any applicable
ordinance regulations and include any suggestions. The review shall
recommend to the Borough Council whether the waiver request be approved
or disapproved.
F.
Ruling on the waiver:
(1)
The Borough Council shall consider and act upon requests
for modification at a regularly scheduled meeting of the Council.
(2)
A formal hearing shall not be required. However, the
applicant or any interested party may request a hearing upon agreement
to pay for the public notice and stenographic costs thereof.
(3)
At any meeting or hearing, the applicant or his representative
shall present evidence in support of the request.
(4)
The Borough Council, after hearing said evidence and
considering the application, may grant or deny said modification.
(5)
In modifying any requirements, the Borough Council
shall record its action and the grounds for the modification of a
requirement and transmit a copy of the action and grounds for such
modification to the applicant applying for the modification. A note
should be placed on the plan stating the modification and date granted.
(6)
Whenever a request for the modification of a requirement
is denied, the Borough Council shall record its action and the grounds
for such denial in its minutes. The Borough Council shall transmit
a copy of the action and the grounds for such denial of any alteration
to the applicant applying for the modification.
A.
After receipt of the Planning Commission's recommendations,
the Borough Council shall:
(1)
Evaluate the applicant's submission and presentation,
the report of the Planning Commission and review the comments of the
County Planning Commission and Borough Engineer and/or Planning Consultant
and other reports deemed necessary.
(2)
Determine whether the plan meets the objectives and
requirements of this chapter and other ordinances of the Borough.
(3)
Either approve, conditionally approve or disapprove
the plan.
B.
The Borough Council 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 filed or after a final order of court
remanding an application, provided that, should the said next regular
meeting occur more than 30 days following the filing of the application
or the final order of the court, the said ninety-day period shall
be measured from the 30th day following the day the application was
filed:[1]
(1)
The decision of the Borough Council 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 ordinance relied upon.
(3)
Failure of the Borough Council to render a decision
and communicate it to the applicant within the time and in the manner
required herein shall be deemed an approval of the application in
terms as presented unless the applicant has agreed, in writing, to
an extension of time or change in the prescribed manner of presentation
of communication of the decision. In this case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
(4)
The Borough Council 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 Borough Council shall approve
a plan subject to conditions, the applicant shall indicate, in writing,
his acceptance or rejection of any conditions which may be imposed.
Approval of the plan shall be automatically rescinded upon the applicant's
failure to accept or reject such conditions within 30 days of the
date of the Borough Council's written communication of its decision.
D.
Before acting on an application, the Borough Council
may hold a public hearing thereon after public notice, given that
it is done within the ninety-day period.
A.
From the time an application for approval of a plan,
whether preliminary or final, is duly filed as provided in this chapter
and while such application is pending approval or disapproval, no
change or amendment of the zoning, subdivision or other governing
ordinance or plan shall affect the decision on such application adversely
to the applicant, and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed. In addition,
when a preliminary application has been duly approved, the applicant
shall be entitled to final approval in accordance with the terms of
the approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
B.
When an application for approval of a plan, whether
preliminary or final, has been approved without conditions or approved
by the applicant's acceptance of conditions, no subsequent change
or amendment in the subdivision or other governing ordinance or plan
shall be applied to affect adversely the right of the applicant to
commence and to complete any aspect of the approved development in
accordance with the terms of such approval within five years from
such approval. The five-year period shall be extended for the duration
of any 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 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 of the preliminary
application.[1]
C.
Where final approval is preceded by preliminary approval,
the aforesaid five-year period shall be counted from the date of the
preliminary approval. In the case of any doubt as to the terms of
a preliminary approval, the terms shall be construed in light of the
provisions of the governing ordinances or plans as they stood at the
time when the application for such approval was duly filed.
D.
Where the landowner has substantially completed the
required improvements as depicted upon the final plan within the aforesaid
five-year limit, or any extension thereof as may be granted by the
Borough Council, no change of municipal ordinance or plan enacted
subsequent to the date of filing of the preliminary plan shall modify
or revoke any aspect of the approved final plan pertaining to zoning
classification or density, lot, building, street or utility location.
E.
In the case of a preliminary plan calling for the
installation of improvements beyond the five-year period, a schedule
shall be filed by the landowner with the preliminary plan delineating
all proposed phases as well as deadlines within which applications
for final plan approval of each phase are intended to be filed. Such
schedule shall be updated annually by the applicant on or before the
anniversary of the preliminary plan approval until final plan approval
of the final phase has been granted, and any modification in the aforesaid
schedule shall be subject to approval of the Borough Council in its
discretion.
F.
Each phase in any residential subdivision or land
development, except for the last phase, shall contain a minimum of
25% of the total number of dwelling units as depicted on the preliminary
plan, unless a lesser percentage is approved by the Borough Council
in its discretion. Provided the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plan approval,
including compliance with the landowner's aforesaid schedule of submission
of final plans for the various phases, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plan within five years shall apply, and for any phase or
phases beyond the initial phase in which the required improvements
have not been substantially completed within said five-year period,
the aforesaid protections shall apply for an additional term or terms
of five years from the date of final plan approval for each phase.
G.
Failure of the landowner to adhere to the aforesaid
schedule of submission of final plans for the various phases shall
subject any such phase to any and all changes in zoning, subdivision
and other governing ordinance enacted by the Borough subsequent to
the date of the initial preliminary plan submission.
Preliminary plan approval shall expire upon
the passage of five years after grant of such approval.
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 and permits the applicant to
begin preparation of the final plan.
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 final approval or 90 days after the date of
delivery of an approved plan signed by the governing body following
completion of conditions imposed for such approval, whichever is later,
record such plan in the Office of the Recorder of Deeds of York County.
The applicant shall bear any costs required to provide the Recorder
of Deeds with a recordable plan in the required format.[1]
B.
Within 10 days after recording, the applicant shall
furnish the Borough Council 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 Borough.
C.
Streets, public grounds, easements and other public
improvements may be offered for dedication to the Borough by formal
notation on the final plan, or the applicant shall note that any such
improvements have not been offered for dedication to the Borough.
D.
Streets and public grounds shown on a recorded final
plan shall be deemed private until accepted by ordinance or resolution.
E.
The recording of the plan shall not constitute grounds
for tax assessment increases until such time as lots are sold or improvements
are installed on the land included with the subject plan.
A parcel of land may be added to an existing
recorded lot for the sole purpose of increasing the lot size, provided
that:
A.
The parcel to be added must be contiguous to the existing
lot and should maintain or improve the overall straightness of lot
line.
B.
The plan prepared for the addition of such parcel
shall follow the procedures outlined in this chapter, except that
a preliminary plan need not be filed.
A.
No plan which will require access to a highway under
the jurisdiction of the Pennsylvania Department of Transportation
(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, before driveway or utility
access to a state highway is permitted.
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 the Department nor the Borough 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 Borough shall not be held liable for
damages to persons or property arising out of the issuance or denial
of a driveway permit by the Department.
D.
The applicant is urged to discuss the placement and
dimensions of all proposed driveways with the Borough Council prior
to application for a highway occupancy permit in order to ensure the
safety and efficiency of the proposal.
The Borough Council shall set fees, payable
in advance, for review of plans:
A.
Such review fees may include reasonable and necessary
charges by the Borough's professional consultants or Engineer for
review and report thereon to the Borough.
B.
Such review fees shall be reasonable and in accordance
with the ordinary and customary charges by the Borough Engineer or
consultants for similar service in the community, but in no event
shall the fees exceed the rate or cost charged by the Engineer or
consultant to the Borough when fees are not reimbursed or otherwise
imposed on applicants.
C.
Such fees shall be based upon a schedule adopted by
resolution of the Borough Council upon enactment of this chapter or
as such schedule may be amended. A copy of said fee schedule shall
be available for review at the Borough office.
A.
In the event the applicant disputes the amount of
any such review fees, the applicant shall, within 10 days of the billing
date, pay any undisputed amount and notify the Borough of any such
fees that are disputed, in which case, the Borough shall not delay
or disapprove a subdivision or land development application due to
the applicant's request over disputed fees.
B.
In the event that the Borough and the applicant cannot
agree on the amount of review fees which are reasonable and necessary,
then the applicant and the Borough shall follow the procedure for
dispute resolution as set forth below:
(1)
If within 20 days from the date of billing the Borough
and the applicant cannot agree on the amount of expenses which are
reasonable and necessary, then the applicant and Borough shall jointly,
by mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review such expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(2)
The professional engineer so appointed shall hear
such evidence and review such documentation as the professional engineer
in his or her sole opinion deems necessary and render a decision within
50 days of the billing date. The applicant shall be required to pay
the entire amount determined in the decision immediately.
(3)
In the event that the Borough and the applicant cannot
agree upon the professional engineer to be appointed within 20 days
of the billing date, then upon application of either party the President
Judge of the Court of Common Pleas of York County (or if at the time
there be no President Judge, then the senior active judge then sitting)
shall appoint such engineer, who, in that case, shall be neither the
Borough Engineer nor any professional engineer who has been retained
by or performed services for the Borough or the applicant within the
preceding five years.
(4)
The fee of the appointed professional engineer for
determining the reasonable and necessary expenses shall be paid by
the applicant if the amount of payment required in the decision is
equal to or greater than the original bill. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the Borough shall pay the fee of the professional engineer,
but otherwise the Borough and the applicant shall each pay 1/2 of
the fee of the appointed professional engineer.
For any replatting or resubdivision of land,
the same procedures and regulations apply as prescribed for an original
land development. 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.
