A. 
The procedures set forth in this article shall be followed for all subdivision and/or land development plans. All submissions made pursuant to this chapter shall be mailed or delivered to the Township Municipal Building unless this chapter directs that a submission be made to another entity or location. Copies of all Township forms may be obtained at the Township Municipal Building during normal business hours.
B. 
The Township Planning Commission, Township Engineer, Township Staff Review Committee, various Township officials, and York County Planning Commission are advisory to the Board of Supervisors.
C. 
The sketch plan review specified in § 430-11 is voluntary. Applicants are urged, but not required, to discuss possible development sites and plans with the Township Staff Review Committee and Planning Commission, while the proposal is at an early stage.
D. 
The preliminary plan application specified in § 430-12 is mandatory for: all nonresidential land development; residential land development involving more than five units whether initially or cumulatively from September 5, 1996; subdivision involving new streets, alleys, public or joint use sanitary sewer facilities, public or joint use water supply facilities, stormwater detention/retention basins; and subdivision involving more than five lots whether initially or cumulatively from September 5, 1996. In general, the purpose of the preliminary plan is to review design and construction plans. Approval of the preliminary plan authorizes the preparation of final plans.
E. 
The final plan application specified in § 430-13 is mandatory for all subdivision and/or land development plans. In general, the purpose of the procedure is to review detailed design and construction plans, and receive assurance of public improvements. Approval of the final plan authorizes the recording of the plan, the construction of public/private improvements, and the selling of land.
F. 
The waiver provision in § 430-14 allows the Board of Supervisors to modify provisions of this chapter as they apply to a specific proposal.
A. 
Applicants are urged, but not required, to discuss possible development sites and plans with the Township Planning Commission prior to submission of the preliminary or final plans. The purpose of the sketch plan meeting is to afford the applicant an opportunity to receive the recommendations of the Township, while the proposal is at an early stage. Request for a sketch plan review shall not constitute formal filing of a plan.
B. 
A request for a sketch plan review shall be submitted to the Zoning Officer at least 15 days prior to the Township Planning Commission meeting in order to be placed on the agenda. The request shall include one application form and a filing fee as set by resolution of the Board of Supervisors. To aid in the effectiveness of the sketch plan review, it is recommended that the application include at least eight paper copies of a plan.
C. 
Individuals are permitted to discuss proposals at a Township Planning Commission meeting without the submission of an application or the benefit of a plan; however, the Planning Commission's ability to assist the applicant will be greatly limited. In all cases, the application form described above must be submitted.
D. 
In addition to the above, applicants may request that the sketch plan review be submitted to the Board of Supervisors for comments following the Township Planning Commission meeting. When requested, the Zoning Officer will advise the applicant of the meeting date at which the sketch plan review is scheduled.
A. 
Proposals that require preliminary plan procedure. Preliminary plan applications are required for any of the following:
(1) 
All nonresidential land development.
(2) 
Residential land development involving more than five units whether initially or cumulatively from September 5, 1996.
(3) 
Subdivision involving new streets, alleys, public or joint use sanitary sewer facilities, public or joint use water supply facilities, or stormwater management facilities whether structural or nonstructural.
(4) 
Subdivision involving more than five lots whether initially or cumulatively from September 5, 1996.
B. 
Submission procedure.
(1) 
Preliminary plans shall be submitted to the Zoning Officer on any business day. However, preliminary plans must be submitted 15 days prior to the Township Staff Review Committee meeting in order to be placed on the agenda.
(2) 
Applicants shall submit a sewer facilities plan revision or supplement in conjunction with the preliminary plan.
C. 
Application requirements. All preliminary plan applications shall include the following:
(1) 
A minimum of three copies of the preliminary plan and all reports, notifications and certifications which are specified in § 430-17. Additional copies of the preliminary plan and reports may be required by the Township.
(2) 
Nine completed application forms and waiver requests.
(3) 
Filing fee as set by resolution of the Board of Supervisors. No application is complete without the required fee.
D. 
Review for completeness of application. The Zoning Officer shall have 10 working days from the date of submission of an application to determine if the preliminary plan application is substantially complete. This determination does not constitute approval or disapproval of the plan, but is provided to assure the submission of sufficient data for the Board of Supervisors to make a formal action on the plan. If the application is found to be incomplete, the Zoning Officer will notify the applicant in writing that the submitted data does not constitute a formal filing of the preliminary plan and specify the deficiencies. Acceptance of the filed material does not constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Township staff to the Board of Supervisors.
[Amended 1-17-2008 by Ord. No. 2008-03]
E. 
Distribution. The Zoning Officer shall distribute the preliminary plan to the Township Staff Review Committee, and inform the Township Planning Commission and Board of Supervisors of the submission. The applicant shall distribute the preliminary plan to the York County Planning Commission, York County Soil Conservation District, School Board and fire department, and other officials when deemed appropriate. It is the applicant's responsibility to ensure submittals are distributed for review.
F. 
Reviewing agencies.
(1) 
First, the preliminary plan is reviewed by the Township Staff Review Committee and, second, by the Township Planning Commission. Upon completion of the Staff Review Committee's review, nine copies of the preliminary plan shall be submitted. These plans must be received at least 15 days prior to the scheduled Planning Commission meeting. When deemed necessary, other officials may be requested to review the preliminary plan.
(2) 
A review of the preliminary plan shall determine its conformance with the standards contained in this chapter, as well as other applicable ordinances. All review comments shall cite the provision of the ordinance or regulation that is relied upon or be specifically designated as a suggestion. The review shall conclude with a recommendation to the Board of Supervisors for plan approval, disapproval or such changes and modifications as it deems necessary as a condition of approval.
(3) 
The Township Staff Review Committee shall submit copies of their review to the Township Planning Commission and Board of Supervisors. The Township Planning Commission shall submit copies of its review to the Board of Supervisors.
(4) 
Attendance at the Township Staff Review Committee and Planning Commission meeting by the applicant or authorized agent is mandatory to answer technical questions and establish the acceptance of any possible recommended conditions of approval. If there exists uncertainty of the acceptance of conditions of approval, the plan may be recommended for disapproval. The applicant will be advised of the scheduled Township Staff Review Committee and Planning Commission meeting dates.
G. 
Compliance with recommendations of the Township staff review committee or Planning Commission. In order to avoid the Township Staff Review Committee or Township Planning Commission recommendation for disapproval, the applicant is encouraged to comply with their recommendations prior to their report to the Board of Supervisors. Should the applicant elect to revise the preliminary plan in accordance with the recommendations of either of these bodies, nine copies of the preliminary plan and additional waiver requests shall be submitted to the Zoning Officer. The applicant shall submit the revised data at least 15 days prior to the relevant Township Planning Commission and/or Board of Supervisors meeting in order to be placed on the agenda.
H. 
Ruling on the preliminary plan. The Board of Supervisors shall act upon the preliminary plan within the time limits and in the manner required in the MPC.
I. 
Notification of ruling.
(1) 
The Board of Supervisors shall provide written notice to the applicant in accordance with MPC requirements. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the plan.
(2) 
In the event that any waiver of requirements from this chapter is requested by the applicant or is deemed necessary by the Board of Supervisors, the waiver and the reasons for its necessity shall be entered in the minutes of the Board of Supervisors.
J. 
Approval of preliminary plan subject to conditions. If the Board of Supervisors approves the preliminary plan subject to conditions, the applicant shall either personally at a public meeting or in writing approve or reject such conditions within 10 business days after the applicant has received notice of such conditions. For purposes of this subsection, notice to a person presenting the preliminary plan on behalf of the applicant, whether such person is the applicant himself, a relative of the applicant, an officer of the applicant, an attorney, a surveyor, an engineer, a landscape architect or otherwise, shall be notice to the applicant. The person presenting the plan on behalf of the applicant shall be deemed to have authority to, on behalf of applicant, accept or reject the conditions. Rejection of the conditions of approval shall serve to automatically rescind the approval of the preliminary plan. The failure to accept or reject such conditions within the ten-business-day period shall be considered to be a rejection of the conditions, and the conditional approval of the preliminary plan shall be automatically revoked. In that event the applicant shall be notified in writing within 10 days following the expiration of the ten-business-day period to accept or reject the conditions that the preliminary plan approval has been deemed revoked; provided, however, that failure to notify the applicant of such revocation shall not constitute a deemed approval.
K. 
Effect of preliminary plan approval. Approval of the preliminary plan entitles the applicant to final plan submission, in accordance with the terms of the preliminary plan, conditions of preliminary plan approval, and final plan requirements. Preliminary plan approval does not authorize the recording, sale or transfer of lots, nor the construction of improvements. This plan shall not be recorded with the Recorder of Deeds.
L. 
Compliance with conditions of approval. The applicant shall comply with all conditions of preliminary plan approval within one year of the Board of Supervisors' action on the plan. If the applicant fails to obtain unconditional preliminary plan approval within one year, the preliminary plan approval shall expire, and the applicant shall be required to file a new preliminary plan.
M. 
Preliminary plan certification. Upon approval and/or conditional approval of the preliminary plan, the applicant shall present to the Township one Mylar copy of the preliminary plan for completion of the Township approval certification (see Appendixes 3 and 4[1]).
[1]
Editor's Note: Appendixes 3 and 4 are included at the end of this chapter.
N. 
Expiration of preliminary plan approval. The applicant shall submit a final plan to the Township with an application for final approval within two years from the date of the conditional approval of the preliminary plan. The two-year period may be extended by the Board of Supervisors upon a showing by the applicant that circumstances beyond his control have prevented submission of the final plan within the two-year period and that such circumstances have been overcome or will be overcome in the foreseeable future. Failure to submit the final plan within such period requires submission of a new preliminary plan.
A. 
Proposals that require final plan procedure. A final plan application is required for all subdivision and land development plans. When a preliminary plan is required, in accordance with § 430-12, an application for final plan approval can be submitted only after obtaining preliminary plan approval and satisfying any conditions thereof.
B. 
Consistency with preliminary plan. The final plan shall be substantially consistent with the preliminary plan. The final plan may include sections of an approved preliminary plan, provided each section independently conforms to the ordinance, regulations and other standards of the Township, and includes a reasonable portion of the preliminary plan.
C. 
Submission procedure. Final plans shall be submitted to the Zoning Officer on any business day. However, final plans must be submitted 15 days prior to the Township Staff Review Committee meeting in order to be placed on the agenda.
D. 
Application requirements. All final plan applications shall include the following:
(1) 
A minimum of three copies of the final plan and all reports, notifications and certifications which are specified in § 430-18. Additional copies of the final plan and reports may be required by the Township.
(2) 
One application form.
(3) 
Filing fee as set by resolution of the Board of Supervisors. (See Fee Schedule.[1])
[1]
Editor's Note: Current Fee Schedule is on file in the Township offices.
E. 
Review for completeness of application. The Zoning Officer shall have 10 working days from the date of submission of an application to check the application to determine if the final plan application is substantially complete in accordance with this section. This determination does not constitute approval or disapproval of the plan, but is provided to assure the submission of sufficient data for the Board of Supervisors to make a formal action on the plan. If the application is found to be incomplete, the Zoning Officer will notify the applicant in writing that the submitted data does not constitute a formal filing of the final plan and specify the deficiencies. Acceptance for filing does not constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Zoning Officer to the Board of Supervisors.
[Amended 1-17-2008 by Ord. No. 2008-03]
F. 
Distribution. The Zoning Officer shall distribute the final plan to the Township Staff Review Committee, and inform the Township Planning Commission and Board of Supervisors of the submission. The applicant shall distribute the final plan to the York County Planning Commission, York County Soil Conservation District, School Board, fire department, and other officials when deemed appropriate. It is the applicant's responsibility to ensure submittals are distributed for review.
G. 
Reviewing agencies.
(1) 
First, the final plan is reviewed by the Township Staff Review Committee and, second, by the Township Planning Commission. Upon completion of the Staff Review Committee's review, nine copies of the final plan shall be submitted. These plans must be received at least 15 days prior to the scheduled Planning Commission meeting. When deemed necessary, other officials may be requested to review the final plan.
(2) 
A review of the plan shall determine its conformance with the standards contained in this chapter, as well as other applicable ordinances. All review comments shall cite the provision of the ordinance or regulation that is relied upon or be specifically designated as a suggestion. The review shall conclude with a recommendation to the Board of Supervisors for final plan approval, disapproval or such changes and modifications as it deems necessary as a condition of approval.
(3) 
The Township Staff Review Committee shall submit copies of their review to the Township Planning Commission and Board of Supervisors. The Township Planning Commission shall submit copies of its review to the Board of Supervisors.
(4) 
Attendance at the Township Staff Review Committee and Planning Commission meetings by the applicant or authorized agent is mandatory to answer technical questions and establish the acceptance of any possible recommended conditions of approval. If there exists uncertainty of the acceptance of conditions of approval, the final plan may be recommended for disapproval. The applicant will be advised of the scheduled Township Staff Review Committee and Planning Commission meeting dates.
H. 
Compliance with recommendations of the Township Staff Review Committee or Planning Commission.
(1) 
In order to avoid the Township Staff Review Committee or Township Planning Commission recommendation for disapproval, the applicant is encouraged to comply with their recommendations prior to their report to the Board of Supervisors. Should the applicant elect to revise the final plan in accordance with the recommendations of either of these bodies, nine copies of the final plan and additional waiver requests shall be submitted to the Zoning Officer. The revised data shall be submitted at least 15 days prior to the relevant Township Planning Commission and/or Board of Supervisors meeting in order to be placed on the agenda.
(2) 
Upon review of the final plan by the Township Planning Commission, a plan review certificate (see Appendix 3[2]) will be signed by the Planning Commission.
I. 
Ruling on the final plan. The Board of Supervisors shall act upon the final plan within the time limits and in the manner required in the MPC.
J. 
Notification of ruling. The Board of Supervisors shall provide written notice to the applicant in accordance with MPC requirements.
K. 
Approval of final plan subject to conditions. If the Board of Supervisors approves the final plan subject to conditions, the applicant shall either personally at a public meeting or in writing approve or reject such conditions within 10 business days after the applicant has received notice of such conditions. For purposes of this subsection, notice to a person presenting the final plan on behalf of the applicant, whether such person is the applicant himself, a relative of the applicant, an officer of the applicant, an attorney, a surveyor, an engineer, a landscape architect or otherwise, shall be notice to the applicant. The person presenting the plan on behalf of the applicant shall be deemed to have authority to, on behalf of applicant, accept or reject the conditions. Rejection of the conditions of approval shall serve to automatically rescind the approval of the final plan. The failure to accept or reject such conditions within the ten-business-day period shall be considered to be a rejection of the conditions, and the conditional approval of the final plan shall be automatically revoked. In that event the applicant shall be notified in writing within 10 days following the expiration of the ten-business-day period to accept or reject the conditions that the final plan approval has been deemed revoked; provided, however, that failure to notify the applicant of such revocation shall not constitute a deemed approval.
L. 
Compliance with conditions of approval.
(1) 
If the Board of Supervisors conditions its final plan approval upon receipt of additional information, alterations, changes, or notifications, such data shall be submitted and/or alterations noted on three copies to be submitted to the Zoning Officer. The applicant shall include a brief written descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain final plan approval.
(2) 
Compliance with the conditions of final plan approval and submission for final plan certification must be attained within six months of the Board of Supervisors' ruling on the final plan or the Township action on the final plan shall be considered a disapproval. The Township has no responsibility to inform the applicant of the termination or pending termination of an application.
M. 
Final plan certification. After approval of the final plan and satisfaction of all conditions, the applicant shall present to the Township one Mylar set copy of the final plans. One copy shall be reduced to fit on a eleven-inch-by-seventeen-inch sheet.
(1) 
Upon payment of any outstanding plan review fees or inspection fees, the final plans shall be released for recordation.
(2) 
Upon certification by the Township, the applicant shall submit the remaining plans to the York County Planning Commission for signatures and the Recorder of Deeds for a certificate of recordation. One Mylar copy with recordation information shall be returned by the applicant to the Township for verification of recording.
(3) 
The final plan shall be recorded with the Recorder of Deeds within the time limit set forth in the MPC. No lot may be sold and/or construction initiated until the final plan is recorded with the Recorder of Deeds. The Township will not issue further approvals or permits until the evidence of recordation is provided by the applicant.
(4) 
Recording of the final plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use shown thereon unless reserved by the developer as hereinafter provided. The approval of the Board of Supervisors shall not impose any duty upon the Township concerning maintenance, improvement, or acceptance of any such dedicated street, or public use, until the Board of Supervisors shall have accepted the same by the prevailing procedures of the Township.
(5) 
If the final plan includes a notation to the effect that there is no offer of dedication to the public of certain designated uses, areas or streets, the title to such areas shall remain with the owner, his heirs and assigns, and the Township shall assume no responsibility for improvements or maintenance thereof, which fact shall also be noted on the final plan.
A. 
Purpose. A waiver is the process to receive a modification of an ordinance requirement as it applies to a specific application. Any request for a waiver shall be in writing and shall set forth all of the grounds for the waiver and all alternate standards the applicant proposes.
B. 
Standards for waiver. A waiver may be approved when the applicant demonstrates to the Board of Supervisors that all of the following are in existence:
(1) 
The literal enforcement of the ordinance requirement will exact undue hardship (not solely financial) by reason of a peculiar condition that pertains to the 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.
C. 
Application requirement. All applications for waivers shall be submitted to the Zoning Officer on any business day. A waiver request shall include nine copies of all applicable plans, reports, and supplementary data, and nine application forms. If any of this information was filed with a preliminary plan or final plan, additional copies need not be submitted.
D. 
Distribution. One copy of the waiver request will be distributed by the Zoning Officer to the Township Staff Review Committee, Township Planning Commission, Board of Supervisors, and, if necessary, other officials.
E. 
Reviewing agency.
(1) 
Township reserves the right to have the waiver reviewed by the Township Staff Review Committee and, second, by the Township Planning Commission. When deemed necessary, other officials may be requested to review the waiver.
(2) 
The review shall conclude with a recommendation to the Board of Supervisors for waiver approval, disapproval, or such changes and modifications as it deems necessary as a condition of approval.
(3) 
Attendance at the Township Staff Review Committee and Planning Commission meeting by the applicant or authorized agent is mandatory to answer technical questions and establish the acceptance of any possible recommended conditions of approval. If there exists uncertainty of the acceptance of conditions of approval, the waiver may be recommended for disapproval. The applicant will be advised of the scheduled Township Staff Review Committee and Planning Commission meeting dates.
F. 
Ruling on the waiver.
(1) 
The Board of Supervisors shall have the authority to approve or disapprove the waiver.
(2) 
In granting any waiver, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter. The acceptance or rejection of the conditions of waiver will be entered in the minutes of the Board of Supervisors. The acceptance of conditions shall also be acknowledged in writing by the applicant. If there is no acceptance of conditions of approval, the waiver will be disapproved.
(3) 
Action on the waiver shall be entered in the minutes of the Board of Supervisors and forwarded to the applicant. Failure of the Board of Supervisors to render a decision and communicate it to the applicant as described herein, shall not be deemed approval of the waiver.
The resources of the Township and the orderly administration of this chapter are unduly burdened by multiple and conflicting applications. Therefore, the same applicant may not submit multiple applications for approval of a subdivision or land development plan for the same property or a portion thereof involving the same land use. If an applicant desires to submit a new application, then the applicant must withdraw in writing any pending applications. In the event the applicant fails or refuses to withdraw any pending applications, the Board of Supervisors may deny the new application due to noncompliance with this section.