[Amended 4-14-1997 by Ord. No. 143]
A. 
The procedures set forth in this article shall be followed for all subdivision and/or land development plans.
B. 
The Township Planning Commission, Park and Recreation Board, Township Engineer, and County Planning Commission are advisory to the Township Board of Supervisors.
C. 
The preapplication review specified in § 240-9 is optional. The purpose of the procedure is to provide the developer with the advice and assistance of the Planning Commission, and the Park and Recreation Board.
D. 
The preliminary plan application specified in § 240-10 is mandatory for all land developments, subdivision and/or land developments involving new streets, and subdivisions involving 10 or more lots. In general, the purpose of the preliminary plan is to review detailed design and construction plans. Approval of the preliminary plan authorizes the construction of public improvements and the preparation of final plans.
E. 
The final plan application specified in § 240-11 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 buildings, and the selling of land.
[Amended 4-14-1997 by Ord. No. 143]
A. 
Applicants are urged, but not required, to discuss possible development sites and plans with the Planning Commission and the Park and Recreation Board prior to submission of the preliminary or final plans. The purpose of the preapplication meeting is to afford the applicant in opportunity to receive the advice and assistance of the Planning Commission and the Park and Recreation Board. Request for a preapplication review shall not constitute formal filing of a plan.
B. 
A request for a preapplication review shall include 19 copies of a sketch plan which includes those items listed in § 240-14, one application form (see Appendix No. 6 [1]) and a filing fee as set by resolution of the Township Board of Supervisors (see Fee Schedule available at the Township Building). The request shall be submitted to the Township Secretary at the Township Building, on any business day.
[1]
Editor's Note: Said Appendix is included at the end of this chapter.
C. 
The Township staff shall distribute the sketch plan to the Township Planning Commission, Park and Recreation Board, Township Engineer and Township Board of Supervisors.
D. 
First, the sketch plan is reviewed by the Park and Recreation Board and second, by the Township Planning Commission.
E. 
The Park and Recreation Board will review a sketch plan at a particular meeting only if the sketch plan was filed with the Township at least 15 days prior to that meeting. The Park and Recreation Board shall complete its review and provide written comments to the Township Planning Commission and the Board of Supervisors within 12 days after the meeting.
F. 
The Township Planning Commission will only review the Sketch Plan at a meeting if:
(1) 
It has received written comments from the Park and Recreation Board at least seven days prior to that meeting; or
(2) 
The Park and Recreation Board has failed to provide written comments on the sketch plan within the time frame specified within this section.
[Amended 4-14-1997 by Ord. No. 143]
A. 
Preliminary plan applications are required for all land developments, subdivision and/or land developments involving new streets, and subdivisions involving 10 or more lots.
B. 
Subdivisions involving fewer than 10 lots and no new street may be submitted as final plans in accordance with § 240-11.
C. 
Preliminary plans shall be submitted to the Township Secretary at the Township Building, on any business day.
D. 
First, the preliminary plan is reviewed by the Park and Recreation Board and second, by the Township Planning Commission.
E. 
The Park and Recreation Board will review a preliminary plan at a particular meeting only if the preliminary plan was filed with the Township at least 19 days prior to that meeting. The Park and Recreation Board shall complete its review and provide written comments to the Township Planning Commission and the Board of Supervisors within 12 days after the meeting.
F. 
The Township Planning Commission will only review the preliminary plan at a meeting if:
(1) 
It has received written comments from the Park and Recreation Board at least seven days prior to that meeting; or
(2) 
The Park and Recreation Board has failed to provide written comments on the preliminary plan within the time frame specified within this section.
G. 
Applicants are urged to submit a sewer facilities plan revision or supplement in conjunction with the preliminary plan to avoid unnecessary delays at the final plan stage.
H. 
Application requirements.
(1) 
All preliminary plan applications shall include the following:
(a) 
Nineteen copies of the preliminary plan and all reports, notifications and certification which are specified in § 240-15.
(b) 
One application form (see Appendix No. 6 [1]).
[1]
Editor's Note: Said Appendix is included at the end of this chapter.
(c) 
Filing fee as set by resolution of the Township Board of Supervisors (see Fee Schedule available at the Township Building).
(2) 
The Township staff shall first determine that the preliminary plan application is substantially complete in accordance with Subsection H(1)(a), (b), and (c). This determination does not constitute approval or disapproval of the plan but is provided to assure the submission of sufficient data for the Township Board of Supervisors to make a formal action on the plan. If the application is found to be incomplete, the Township will notify the applicant in writing that the submitted data does not constitute a formal filing of the preliminary plan and specify the deficiencies.
I. 
Distribution. The Township staff shall distribute the preliminary plan to the Township Planning Commission, Park and Recreation Board, Township Engineer, Township Zoning Officer, Board of Supervisors and, if deemed necessary, Solicitor, or other officials.
J. 
Review of the preliminary plan.
(1) 
The preliminary plan is reviewed by the Township staff, Township Engineer, County Planning Commission, Park and Recreation Board, and Township Planning Commission.
(2) 
Attendance at both the Township Park and Recreation Board and the 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 exist uncertainty of the acceptance of conditions of approval, the plan may be recommended for disapproval. The applicant will be advised of the scheduled Township meeting dates.
(3) 
The Park and Recreation Board review shall be based upon the provisions of §§ 240-15E(3)(h) and 240-36 of this chapter.
(4) 
All plan reviews shall determine conformance with the standards contained in this chapter as well as other applicable ordinances, and recommend to the Board of Supervisors such changes and modifications as it deems necessary.
(5) 
Any recommendation which involves engineering consideration shall be subject to review and comment by the Township Engineer, which shall be incorporated and separately set forth with the recommendations to the Board of Supervisors.
(6) 
The Township staff, Township Engineer, County Planning Commission, and Township Planning Commission shall render a decision on the plan and submit copies of their recommendations to the Board of Supervisors within 45 days of the required meeting of the Park and Recreation Board. The Park and Recreation Board shall submit its recommendations to the Township Planning Commission and the Board of Supervisors within 12 days after its required meeting.
K. 
Ruling on the preliminary plan.
(1) 
The applicant will be advised of the scheduled meeting date for consideration of the preliminary plan by the Board of Supervisors. Attendance at this meeting by the applicant or authorized agent is mandatory to establish the acceptance of any possible conditions of approval. If there exist uncertainty of the acceptance of conditions of approval, the plan may be disapproved.
(2) 
The Board of Supervisors shall approve, conditionally approve, or disapprove the preliminary plan and shall communicate said decision to the applicant within 90 days following the date of the regular meeting of the Board of Supervisors or the Planning Commission (whichever first reviews the application), next following the date the application is filed. Provided that should the said next regular 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 has been filed.
(3) 
The ruling of the Board of Supervisors shall be in writing, specifically cite any conditions of approval and/or any plan defects, and shall be communicated in writing to the applicant not later than 15 days following the decision. Refusal by the applicant to accept conditions shall constitute disapproval of the plan.
(4) 
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.
(5) 
When the preliminary plan is not approved in terms as presented to the Board of Supervisors, 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.
(6) 
Approval of the preliminary plan constitutes approval of the design for streets, lots, structures and other planning facilities. Preliminary approval binds the developer to the plan as approved. Preliminary approval does not authorize the recording, sale or transfer of lots, nor shall this plan be recorded with the Lancaster County Recorder of Deeds, but shall, when combined with other necessary approvals and permits, grant the authority to install the public improvements required as part of this chapter.
(7) 
Preliminary approval shall expire within five years after being granted unless an extension is requested by the applicant and approved by the Board of Supervisors. Requests for extensions shall be submitted to the Township at least 30 days prior to any prevailing expiration date.
L. 
Approval subject to conditions.
(1) 
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. If the Board of Supervisors conditions its preliminary 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 Township. The conditions of approval must be satisfied to obtain preliminary plan approval. The Board of Supervisors will acknowledge the satisfactory compliance with all conditions, if any, of the preliminary plan approval at a public meeting.
[Amended 10-14-2002 by Ord. No. 170]
(2) 
There is no time limitation on attaining compliance with the conditions of approval; however, conditional approval does not extend the five-year period stated above.
[Amended 10-14-2002 by Ord. No. 170]
(3) 
At the option of the applicant, and upon receipt of an unconditional preliminary plan approval, a preliminary plan may be presented to the Township for signature. (See Appendix Nos. 3 and 4 for certificate.[2])
[2]
Editor's Note: Said Appendixes are included at the end of this chapter.
[Amended 4-14-1997 by Ord. No. 143]
A. 
A final plan application is required for all subdivisions and land development plans. When a preliminary plan is required in accordance with § 240-10, an application for final plan approval can be submitted only after obtaining an unconditional preliminary plan approval.
B. 
Final plans shall be submitted to the Township Secretary at the Township Building, on any business day.
C. 
First, the final plan is reviewed by the Park and Recreation Board and second, by the Township Planning Commission.
D. 
The Park and Recreation Board will review a final plan at a particular meeting only if the final plan was filed with the Township at least 15 days prior to that meeting. The Park and Recreation Board shall complete its review and provide written comments to the Township Planning Commission and the Board of Supervisors within 12 days after the meeting.
E. 
The Township Planning Commission will only review the final plan at a meeting if:
(1) 
It has received written comments from the Park and Recreation Board at least seven days prior to that meeting; or
(2) 
The Park and Recreation Board has failed to provide written comments on the final plan within the time frame specified within this section.
F. 
Application requirements.
(1) 
All final plan applications shall include the following:
(a) 
Nineteen copies of the final plan and all reports, notifications and certificates which are specified in § 240-16.
(b) 
One application form (see Appendix No. 6 [1]).
[1]
Editor's Note: Said Appendix is included at the end of this chapter.
(c) 
Filing fee as set by resolution of the Township Board of Supervisors (see Fee Schedule available at the Township Building).
(2) 
The Township staff shall first determine that the preliminary plan application is substantially complete in accordance with Subsection F(1)(a), (b) and (c). This determination does not constitute approval or disapproval of the plan but is provided to assure the submission of sufficient data for the Township Board of Supervisors to make a formal action on the plan. If the application is found to be incomplete, the Township will notify the applicant in writing that the submitted data does not constitute a formal filing of the final plan and specify the deficiencies.
G. 
Distribution. The Township staff shall distribute the final plan to the Township Planning Commission, Park and Recreation Board, Township Engineer, Township Zoning Officer, Board of Supervisors and, if deemed necessary, Solicitor, or other officials.
H. 
Review of the final plan.
(1) 
The final plan is reviewed by the Township staff, Township Engineer, County Planning Commission, Park and Recreation Board, and Township Planning Commission.
(2) 
Attendance at both the Township Park and Recreation Board and the 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 exist 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 meeting dates.
(3) 
The Park and Recreation Board review shall be based upon the provisions of §§ 240-15E(3)(h) and 240-36 of this chapter.
(4) 
All plan reviews shall determine conformance with the standards contained in this chapter as well as other applicable ordinances, and recommend to the Board of Supervisors such changes and modifications as it deems necessary.
(5) 
Any recommendation which involves engineering consideration shall be subject to review and comment by the Township Engineer, which shall be incorporated and separately set forth with the recommendations to the Board of Supervisors.
(6) 
The Township staff, Township Engineer, County Planning Commission, and Township Planning Commission shall render a decision on the final plan and submit copies of their recommendations to the Board of Supervisors within 45 days of the required meeting of the Park and Recreation Board. The Park and Recreation Board shall submit its recommendations to the Township Planning Commission and the Board of Supervisors within 12 days after its required meeting.
I. 
Ruling on the final plan.
(1) 
The applicant will be advised of the scheduled meeting date for consideration of the final plan by the Board of Supervisors. Attendance at this meeting by the applicant or authorized agent is mandatory to answer technical questions and establish the acceptance of any possible conditions of approval. If there is uncertainty on the acceptance of conditions of approval, the plan may be disapproved.
(2) 
The Board of Supervisors shall approve, conditionally approve, or disapprove the final plan and shall communicate said decision to the applicant within 90 days following the date of the regular meeting of the Board of Supervisors or the Planning Commission (whichever first reviews the application), next following the date the application is filed. Provided that should the said next regular 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 has been filed.
(3) 
The ruling of the Board of Supervisors shall be in writing, specifically cite any conditions of approval and/or any plan defects, and shall be communicated to the applicant not later than 15 days following the decision. Refusal by the applicant to accept conditions shall constitute disapproval of the plan.
(4) 
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, action on the waiver shall be entered in the minutes of the Board of Supervisors.
(5) 
When the final plan is not approved in terms as presented to the Board of Supervisors, 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.
(6) 
No final plan will receive approval by the Board of Supervisors unless the applicant has completed all required public improvements, as specified in this chapter, or has filed with the Board of Supervisors an improvements guarantee in the manner prescribed in Article V.
J. 
Approval 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 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 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. 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 Township. The Board of Supervisors will acknowledge the satisfactory compliance with all conditions, if any, of the final plan approval at a public meeting. Conditional approval does not constitute an extension of the ninety-day final plan certification period stated below.
[Amended 10-14-2002 by Ord. No. 170]
K. 
Final plan certification. After approval and/or conditional approval of the final plan and the required changes, if any are made, the applicant shall present to the Township two paper and two plastic transparencies. All final plans shall bear original signatures in black ink on each certificate. The final plans shall be signed by the Township Planning Commission, Township Engineer and the Board of Supervisors (see Appendix Nos. 3 and 5[2]).
(1) 
Upon payment of any outstanding review, inspection or other fees, and upon confirmation that all required changes have been made to the plan, the Township may release the plan to the applicant for recording. The applicant shall, within 90 days of final approval or 90 days after the date of delivery of the plan executed on behalf of the Township following completion of any conditions imposed upon such approval, whichever is later, record the plan in the office of the Recorder of Deeds in and for Lancaster County, Pennsylvania. If the applicant fails to so record the final plan, the Township's approval of the final plan shall be null and void.
[Amended 10-14-2002 by Ord. No. 170]
(2) 
No subdivision or land development plan may be recorded unless it bears the original endorsement of the Board of Supervisors.
(3) 
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 or improvement of any such dedicated street, or public use, until the Board of Supervisors shall have accepted the same by ordinance or resolution.
(4) 
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, their 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.
[2]
Editor's Note: Said Appendixes are included at the end of this chapter.
A. 
The Board of Supervisors may waive any mandatory provision of these regulations to the benefit of the developer provided the majority of the members of the Board of Supervisors present at a scheduled public meeting, determines that the waiver:
(1) 
Is consistent with the purpose of this chapter as described in § 240-2.
(2) 
Will remove or reduce an unreasonable or undue hardship, as it applies to the particular property, which is grossly disproportionate to any benefit derived from the standard.
(3) 
Will result in an equal or better situation.
(4) 
Provides for reasonable utilization of the property while securing the public interest.
B. 
Waiver application. Notwithstanding the ability of the Board of Supervisors to consider a waiver in conjunction with their ruling on a preliminary or final plan, a waiver request shall be submitted to the Township Secretary at the Township Building, on any business day. A waiver request shall include eight copies of all applicable plans, reports, and supplementary data, one application form (see Appendix No. 7 [1]) and a filing fee as set by resolution of the Township Board of Supervisors (see fee schedule available at the Township Building). If this information was filed with a preliminary plan or final plan, additional copies need not be submitted.
[1]
Editor's Note: Said Appendix is included at the end of this chapter.
C. 
Distribution. The Township shall distribute one copy of the waiver to the Township Planning Commission, the Township Engineer, the Township Zoning Officer, Board of Supervisors and, if necessary, Solicitor, or other officials.
D. 
Review of the waiver. The waiver is reviewed by the Township staff and Planning Commission.
E. 
Execution of the waiver.
(1) 
The Board of Supervisors shall have the authority to approve or disapprove the waiver. 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.
(2) 
Action on the waiver shall be entered in the minutes of the Board of Supervisors and forwarded to the applicant.
(3) 
Failure of the Board of Supervisors to render a decision and communicate it to the applicant as described herein shall be deemed a denial of the waiver.
A. 
Procedures for processing revised subdivision and/or land development plans.
[Amended 10-14-2002 by Ord. No. 170]
(1) 
Any changes to or deviations from a recorded final plan or an unrecorded final plan approved by the Board of Supervisors, including but not limited to deviations reflected on as-built plans required to be submitted pursuant to this chapter, shall be considered a new application and shall comply with all requirements of this chapter; except that recorded and approved unrecorded final plans may be changed or deviations shall not be subject to full plan processing requirements, provided that in making such changes or provided that the deviations are such that:
(a) 
No lot or tract of land shall be created that does not meet the minimum design standards required by this chapter and other existing Township regulations.
(b) 
No structure shall be relocated which does not meet the minimum design standards required by this chapter and other existing Township regulations.
(c) 
No increase is made in the overall density.
(d) 
Stormwater management facilities shall not be changed except for minor lot grading.
(e) 
Street locations and block sizes shall not be changed.
(f) 
The character and land use of the original application shall be maintained.
(2) 
Where the Board of Supervisors determines that a revision to or deviation from the final plan conforms to all provisions of the exception provided for in Subsection A, the following procedures may be followed in lieu of compliance with the standard plan processing procedures required by this chapter:
(a) 
The applicant shall submit to the Township two black-on-white or blue-on-white paper copies of the revised final plan and one application form (see Appendix No. 6[1]).
[1]
Editor's Note: Said Appendix is included at the end of this chapter.
(b) 
The applicant shall also file with the Township Secretary the number of plans and supporting information, including a request for review, as the Lancaster County Planning Commission requires. The Township Secretary or Secretary's designee shall submit the required plans and supporting information to the Lancaster County Planning Commission. The Board of Supervisors will not approve the application until the Lancaster County Planning Commission report is received or until the expiration of 45 days from the date the application was forwarded to the County.
(c) 
The Township shall act on the revised final plan and communicate its decision to the applicant in the same manner as required for a final plan application as specified in § 240-11 of this chapter.
(d) 
After the Township's approval of the revised final plan, the applicant shall prepare two sets of the revised final plan on stable plastic base film and two sets of paper copies of the revised final plan for the Township's files, all of which shall specifically identify the alterations to the previously recorded or approved final plan.
(e) 
The applicant shall submit the revised final plan to the Township Engineer and the Board of Supervisors for certification and to the Lancaster County Planning Commission, if required, as specified in § 240-11K of this chapter.
(f) 
The revised final plan shall then be recorded as specified in § 240-11K of this chapter.
B. 
Minor preliminary pans. Applicants may, at their discretion, concurrently submit preliminary and final plans for land developments involving no more than 10 residential units which require no new streets or a single nonresidential building on one lot. Consideration of both the preliminary and final plans will be scheduled at the same meetings.
C. 
Auction sale. In the case of the proposed subdivision of land by process of auction sale, the following procedure is recommended.
(1) 
The applicant should prepare a sketch pan in accordance with § 240-14.
(2) 
The sketch pan should be designed in accordance with the standards of Article VI, Design Standards, and shall be submitted to the Township staff for review. Additionally, the following notation should be included on the plan: "The property is intended to be sold by auction on or about _______________, 2___, in whole or in part according to this plan. Sale of lots at such auction shall be in the form of agreement to purchase, and no transfer of ownership or interest in such lots shall proceed until a final plan showing such division of property shall have been approved in accordance with the West Lampeter Township Subdivision and Land Development Ordinance and recorded in the office of the Lancaster County Recorder of Deeds."
(3) 
The auction sale may then proceed in accordance with the above notation, after which the applicant shall prepare and submit plans in accordance with this chapter.