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1. 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.
2. 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 5 years from such approval.
3. Where final approval is preceded by preliminary approval, the aforesaid 5-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.
4. Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid 5-year limit, or any extension thereof as may be granted by the Board of Township Supervisors, 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.
5. In the case of a preliminary plan calling for the installation of improvements beyond the 5-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 Board of Township Supervisors in its discretion.
6. 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 Board of Township Supervisors 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 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 5 years shall apply and for any phases or phases, beyond the initial phase, in which the required improvements have not been substantially completed within said 5-year period the aforesaid protections shall apply for an additional term or terms of 3 years from the date of final plan approval for each phase.
7. Failure of 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 Township subsequent to the date of the initial preliminary plan submission.
(Ord. 2011-05, 3/14/2011, § 310)
1. Approval of the preliminary plan constitutes approval of the proposed subdivision or land development in respect to general design, the approximate dimensions and other planned features.
2. 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.
3. Preliminary plan approval does not authorize the recording, sale or transfer of lots.
(Ord. 2011-05, 3/14/2011, § 312)
1. Upon the approval of a final plan, the applicant shall, within 90 days of such approval, record such plan in the Office of Recorder of Deeds of York County. The Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the Board of Township Supervisors and review by the York County Planning Commission. The applicant shall bear any costs required to provide the Recorder of Deeds with a recordable plan. No plan shall be released by the Township for recording until all fees have been paid in full.
2. Within 10 days of recording the plan, the applicant shall furnish the Township two paper copies of the plan, with recorder’s certificate certifying that the plan is properly recorded and one mylar copy.
3. Streets, public grounds, easements and other public improvements may be offered for dedication to the Township by formal notation on the final plan, or the applicant shall note that any such improvements have not been offered for dedication to the Township.
4. Streets and public grounds shown on a recorded final plan shall be deemed private until accepted by ordinance or resolution.
(Ord. 2011-05, 3/14/2011, § 313)
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 lines.
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.
C. The resulting lots must conform to all current applicable zoning requirements.
(Ord. 2011-05, 3/14/2011, § 314)
1. 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 § 420 of the Act of June 1, 1945 (P.L.1242, No. 428), known as the “State Highway Law,” or any amendments thereof, 36 P.S. § 670.101 et seq., before driveway access to a State highway is permitted.
2. The plan shall be marked to indicate that access to the State highway shall be only as authorized by a highway occupancy permit.
3. Neither the Department nor the Township to which permit-issuing authority has been delegated under the State Highway Law, 36 P.S. § 670.101 et seq., shall be liable in damages for any injury to persons or property arising out of the issuance or denial of a driveway permit, or for failure to regulate any driveway. Furthermore, the Township shall not be held liable for damages to persons or property arising out of the issuance or denial of a driveway permit by the Department.
(Ord. 2011-05, 3/14/2011, § 315)
The Board of Township Supervisors shall set fees, payable in advance, for review of plans.
A. Such review fees may include reasonable and necessary charges by the Township’s professional consultants or engineer for review and report thereon to the Township.
B. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township 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 Township when fees are not reimbursed or otherwise imposed on applicants.
C. Such fees shall be based upon a schedule adopted by resolution of the Board of Township Supervisors 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 Township office.
(Ord. 2011-05, 3/14/2011, § 316)
1. In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, pay the undisputed amount and notify the Township of such fees that are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant’s request over disputed fees.
2. In the event that the Township and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution as set forth below:
A. If within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Township 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.
B. 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.
C. In the event that the Township 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 Township engineer nor any professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding 5 years.
D. 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 Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay one-half of the fee of the appointed professional engineer.
(Ord. 2011-05, 3/14/2011, § 317)
The Township may offer a mediation option as an aid in completing proceedings required by this Section. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in Part 14 of this Chapter.
(Ord. 2011-05, 3/14/2011, § 318)
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