ARTICLE II

DEFINITIONS

SECTION 201INTENT

Unless otherwise expressly stated, the following terms shall, for the purpose of this Ordinance, have the meaning given herein:

SECTION 202GENERAL USAGE

a)Words used in the present tense imply also the future tense.

b)Words used in the singular imply also the plural.

c)The words "person," "subdivider," "landowner," "developer," and "applicant" include a partnership or corporation as well as an individual.

d)The words "should" and "may" are permissive; the words "shall" and "will" are mandatory and directive.

SECTION 203SPECIFIC WORDS AND PHRASES

AGENT ‑ Any person other than the developer, who acting for the developer submits land development plans to the Borough Council for the purpose of obtaining approval thereof.

APPLICANT ‑ A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT ‑ Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development including but not limited to, an application for a building permit, for the approval of a subdivision plot or plan or for the approval of a development plan.

BLOCK ‑ An area bounded by streets.

BUILDING ‑ Any structure or edifice designed or intended for use as an enclosure, a shelter, or for protection of persons, animals, or property.

BUILDING COVERAGE (PROPOSED) ‑ The portion of a lot which is proposed to be covered by buildings.

CLEAR SIGHT TRIANGLE ‑ An area of unobstructed vision at street intersections defined by the centerlines of the streets and by a line of sight between points on their centerlines at a given distance from the intersection of the centerlines.

COMPREHENSIVE PLAN ‑ The plan, or parts thereof, which have been adopted by the Borough Council, showing its recommendations for such systems as: land uses, parks and recreation facilities, water supply, sewerage and sewage disposal, garbage disposal, transportation, highways, civic centers and other public improvements which affect the development of the Borough.

CORNER LOT ‑ A lot abutting upon two streets at their intersection.

CROSSWALK ‑ A right‑of‑way, municipally or privately owned, at least ten (10) feet wide, which cuts across a block to furnish access for pedestrians to adjacent streets or properties.

CURB ‑ The raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.

CURB LINE ‑ The outside edge of the roadway.

DETENTION FACILITY - A reservoir, formed from soil or other material, to temporarily contain excess stormwater runoff and release it gradually into a watercourse or stormwater drainage system.

DEVELOPER ‑ Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

DOUBLE FRONTAGE LOT ‑ A lot fronting on two streets other than a corner lot.

DRAINAGE FACILITY ‑ Any ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended, or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public rights‑of‑way, parks, recreational areas, or any part of any land development or contiguous land areas.

DRIVEWAY ‑ A minor vehicular right‑of‑way providing access between a street(s) and a parking area or garage within a lot or property.

DWELLING - A building or structure designed for living quarters for one or more families, including mobile homes, but not including rooming houses, convalescent homes, motels, hotels, and tourist homes or other accommodations used for transient occupancy.

DWELLING UNIT ‑ A building or portion thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.

Single-Family - A building designed and occupied exclusively as a residence for one family.

Two-Family - A building designed and occupied exclusively as a residence for two families.

Multi-Family - A building designed and occupied exclusively as a residence for three or more families.

EASEMENT ‑ A limited right‑of‑use granted in private land for public or quasi‑public purpose.

ENGINEER ‑ A professional Engineer licensed as such in the Commonwealth of Pennsylvania.

FRONTAGE ‑ The horizontal or curvilinear distance along the street line upon which a lot abuts.

FUTURE RIGHT‑OF‑WAY ‑ (1) The right of way width required for the expansion of existing streets to accommodate anticipated future traffic loads, (2) a right‑of‑way;

established to provide future access to or through undeveloped land.

GRADE ‑ The slope expressed in a percent which indicates the rate of change of elevation in feet per hundred feet.

GUTTER ‑ That portion of a right‑of‑way carrying surface drainage.

IMPERVIOUS SURFACE COVERAGE (PROPOSED) ‑ The portion of a lot which is proposed to be covered by impervious surfaces such as, but not limited to, buildings, parking areas, driveways, sidewalks, etc.

IMPROVEMENTS ‑ Pavements, curbs, gutters, sidewalks, water mains, fire hydrants, sanitary sewers, storm sewers, grading, street signs and plantings, and other items required for the welfare of the property owners and the public.

LAND DEVELOPMENT ‑ Any of the following activities: (1) the improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (i) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure or (ii) the division of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; (2) a subdivision of land.

LANDOWNER ‑ The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LOCATION MAP ‑ A map showing the site with relation to adjoining areas.

LOT ‑ A designated parcel, tract or area of land established by a plot or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA ‑ The area contained within the property lines of an individual lot, excluding any area within a street right‑of‑way, but including the area of any easement.

LOT WIDTH ‑ The distance between the side property lines measured along the street right‑of‑way line.

MAJOR SUBDIVISION ‑ A subdivision involving six (6) or more lots or a subdivision involving five (5) lots or less and requiring new streets or other public improvements.

MINOR SUBDIVISION - A subdivision involving five (5) lots or less and involving no new streets or other public improvements.

MOBILE HOME ‑ A transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT ‑ A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK ‑ A parcel or contiguous parcels of land which has been so designed and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

OWNER ‑ The owner of record of a lot or parcel of land.

PERFORMANCE BOND ‑ Any security in an amount and form satisfactory to Borough Council which may be accepted in lieu of a requirement that certain improvements be made prior to Final Plan approval as provided in s.611.

PLAN ‑ The map or plan of a land development, whether sketch, preliminary or final.

Plan, Sketch ‑ An informal land development plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed land development prepared in accordance with s.401 of this Ordinance.

Plan, Preliminary ‑ A tentative land development plan prepared in accordance with s.402 of this Ordinance.

Plan, Final ‑ A complete and exact land development plan prepared in accordance with s.405 of this Ordinance.

PUBLIC GROUNDS ‑ Includes (1) parks, playgrounds and other public areas; and (2) sites for school, sewage treatment, refuse disposal and other public owned or operated facilities.

RETENTION FACILITY - A reservoir, formed from soil or other material, to contain excess stormwater runoff and to allow it to gradually infiltrate into the underlying soil.

RESUBDIVISION ‑ Any subdivision or land development which changes, or proposes to change property lines and/or public rights‑of‑way not in strict accordance with a land development plan previously approved.

REVERSE FRONTAGE LOT ‑ A lot extending between and having frontage on a minor street and either an arterial street or collector street with vehicular access solely from the minor street.

RIGHT‑OF‑WAY ‑ Land opened for use as a street, alley or crosswalk.

ROADWAY ‑ The portion of a street right‑of‑way which is paved, improved, designated or intended for vehicular traffic. Sometimes referred to as cartway.

SCREEN OR BUFFER PLANTING ‑ A vegetative material of sufficient height and density to conceal from the view of adjacent property owners the structures and uses on the premises on which the screen planting is located.

SETBACK ‑ The required horizontal distance between a setback line and a property or street line.

Setback, Front ‑ The distance between the street line and the front setback line projected the full width of the lot. Commonly called "front yard."

Setback, Rear ‑ The distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "rear yard."

Setback, Side ‑ The distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "side yard."

SETBACK LINE ‑ A line within a property and parallel to a property or street line which delineates the required minimum distance between a structure and that property or street line.

STREET ‑ Street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. Streets are further classified as follows:

Arterial Street ‑ A street or road which is used primarily for fast or heavy traffic. Arterial streets include all streets identified as arterials in the Borough Comprehensive Plan.

Collector Street ‑ A street which carries traffic from minor streets to the major system of arterial streets. Collector streets include all streets identified as collectors in the Borough Comprehensive Plan.

Cul‑de‑sac Street ‑ A street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.

Half or Partial Street ‑ A street parallel and adjacent to a property line having a lesser right‑of‑way width than required for the satisfactory improvement and use of the street.

Minor Street ‑ a street which is used primarily for access to the abutting properties.

Service Street or Alley ‑ A public thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation, heavy trucks or heavy equipment.

STREET GRADE ‑ The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts at the midpoint to the frontage to the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

STREET LINE ‑ A line defining the edge of a street right‑of‑way and separating the street from abutting property or lots, commonly known as the "right‑of‑way line."

SUBDIVISION ‑ The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including

changes in existing lot lines for the purpose, whether immediate or future of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres not involving any new street or easement of access or any residential dwelling, shall be exempted.

UNDEVELOPED LAND ‑ Land in parcels sufficiently large for future land development which is presently in agriculture, woodland or lying fallow.

ARTICLE III

PROCEDURE

SECTION 301PREAPPLICATION CONSULTATION

Copies of this Ordinance shall be available at reasonable charge on request for the use of any person who desires information concerning subdivision and land development standards and procedures in effect within Shrewsbury Borough. Any prospective developer may request a consultation with the Planning Commission at its next regularly scheduled meeting to discuss and review tentative plans and discuss the applicability of the provisions of this Ordinance. The Planning Commission will conduct a preapplication consultation at a particular meeting only if such a request was made at least ten (10) days prior to that meeting.

SECTION 302 SUBMISSION OF SKETCH PLANS

Prospective applicants are urged, but not required, to submit a Sketch Plan for review by the Planning Commission. Sketch Plans, if submitted, shall include at least those items listed in s.401. Such plans shall be submitted to the Borough Secretary. The Planning Commission will review a Sketch Plan at a particular meeting only if the Plan was submitted to the Borough Secretary at least ten (10) days prior to that meeting.

Sketch Plans will be as considered submitted for informal review and discussion and shall not constitute formal filing of the Plan with the Borough.

As far as may be practical on the basis of the Sketch Plan review and discussion, the Planning Commission will informally advise the prospective applicant of the extent to which the proposed land development conforms to the applicable provisions of this Ordinance and will discuss possible Plan modifications necessary to secure conformance.

SECTION 303 SUBMISSION OF PRELIMINARY AND FINAL PLANS

Applications for approval of Preliminary and Final Plans for all proposed subdivisions and land developments lying within the Borough shall be filed with the Borough Secretary. The Planning Commission will officially review an application for a Preliminary or Final Plan at a particular meeting only if comments have been received from the York County Planning Commission and the Borough Engineer and if the application was filed at least fifteen (15) days prior to that meeting.

The initial plan filed with the Borough Secretary for formal review and approval shall be considered as a Preliminary Plan. However, in the event that the initial Plan is for a subdivision involving five (5) lots or less and involving no new streets or other public improvements, the developer may proceed directly to Final Plan preparation in compliance with the requirements of s.405. The processing of a minor subdivision plan shall be consistent with the procedures for processing a Final Plan as required in this Article.

The developer shall submit the Preliminary and Final Plans drawn on linen or mylar material along with six (6) copies, blue or black line paper prints, as well as two (2) copies of the required supporting data. Preliminary and Final Plans shall comply with the requirements of Article IV.

An application for Final approval may be for all land included in the Preliminary Plan approval or for a section thereof. When Preliminary Plan Approval, either with or without conditions, has been granted by the Borough Council, the developer shall have a maximum of twelve (12) months after the Preliminary Plan Approval date to submit an Application for Final Approval. In the event the land development is to be constructed in stages or phases, the Application for Final Approval of the first stage or phase must be submitted within Twelve (12) months from the date of Preliminary Plan Approval and each successive stage or phase must be submitted within twelve (12) months of the preceding stage or phase. Failure to submit any Application for Final Approval of any stage or phase within the specified time period will void the approval of the Application for Preliminary Approval if a one (1) stage or phase development is being carried out, or will void the approval of the remaining stages or phases of the Application for Preliminary Approval on which applications for Final Approval have not yet been submitted in the case of a multiple stage or phase development. However, if the developer due to extenuating circumstances, cannot submit an Application for Final Approval of any stage or phase within the specified time period, he may apply to Borough Council for a time extension, prior to the expiration of such time period.

SECTION 304 REFERRAL OF PLANS

All Plans, whether Preliminary or Final, shall be forwarded by the Borough Secretary to the Borough Planning Commission for review and recommendation. If no report is received from the Borough Planning Commission within seventy‑five (75) days, such Plan shall be considered as receiving favorable review and recommendation from the Planning Commission. The Borough Secretary shall also transmit one (1) copy of all Plans to the York County Planning Commission as required by s.103 of this Ordinance.

The developer shall also notify the following agencies as appropriate for review and written recommendations that the Preliminary or Final Plan has been submitted to the Shrewsbury Borough Planning Commission for review:

-One copy transmitted to the local office of the Pennsylvania Department of Environmental Resources for review and recommendations.

-One copy transmitted to the local office of the Soil Conservation Service of the U.S. Department of Agriculture for review and recommendations concerning erosion, sediment and drainage control.

-One copy transmitted to the local office of the Pennsylvania Department of Transportation for review and recommendations where the land development will front on an existing or proposed State Highway or has a proposed street entering on such a Highway.

-One copy transmitted to all affected public utilities who shall be requested to make recommendations as to the suitability of installing underground telephone and electric lines.

-One copy transmitted to the appropriate fire company officials for their review and comments.

-One copy transmitted to the Borough Engineer or other authorized person for review of engineering requirements.

SECTION 305 REVIEW OF PLANS

All Plans, whether Preliminary or Final, shall be reviewed by the Borough Planning Commission and Borough Council with reference to the following:

- The standards and requirements of this Ordinance.

- Any proposals contained in the Shrewsbury Borough Comprehensive Plan.

- Any proposals contained in the Shrewsbury Borough Comprehensive Sewage Plan.

- Site suitability for the particular type of development proposed.

- The availability for necessary services and facilities.

‑ The requirements of the Shrewsbury Borough Zoning Ordinance.

- The requirements of any other applicable Borough Ordinance.

- The Official Map of the Borough.

- The improvements, design and dedications or reservation required by this

Ordinance.

In addition, any comments and recommendations from the following persons or agencies shall be given consideration:

- Borough Engineer.

‑ York County Planning Commission.

- Pennsylvania Department of Environmental Resources.

- Soil Conservation Service of the U.S. Department of Agriculture.

- Pennsylvania Department of Transportation.

- Affected Public Utilities.

- Local fire company officials.

- Interested citizens.

SECTION 306 PUBLIC HEARINGS

Before acting on any land development plan, the Borough Council may hold a public hearing thereon pursuant to public notice.

SECTION 307APPROVAL OF PLANS

At a scheduled public meeting the Borough Council shall render its decision on the Plan, whether Preliminary or Final, and communicate its decision to the applicant not later than ninety (90) days following the date of the regular meeting of the Borough Planning Commission next following the date the application is filed with the Borough Secretary, provided that should the said next regular meeting occur more than thirty days following the filing of the application, the said ninety (90) day period shall be measured from the thirtieth day following the day the application has been filed.

Final Plan approval shall not be granted until such improvements as required by this Ordinance and shown on such Final Plan have been completed or guarantee posted as required in Article VI.

The decision of the Borough Council concerning Plan approval, whether Preliminary or Final, shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than five (5) days following the decision.

Borough Council may approve a Preliminary Plan or a Final Plan with conditions. If approval of the Plan is conditional, the applicant shall indicate his agreement of the conditions at the time of approval by signing either in person or by an authorized agent, a form in the presence of Borough Council prepared by the Borough listing the conditions imposed. A copy of the applicant's acceptance of the conditions imposed shall be attached to and become a part of the written decision of Borough Council. Failure of the applicant to agree to the conditions imposed shall be a denial of the Plan by Borough Council, and the decision of Council shall comply with the requirements of this section regarding plans for which approval is not given.

When the Plan is not approved in terms as filed the decision shall specify the defects found in the Plan and describe the requirements which have not been met and cite the provisions of these regulations relied upon.

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 as 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 which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.

From the time a Plan, whether Preliminary or Final, is submitted as provided in this Ordinance and while such Plan is pending approval or disapproval, no change or amendment of the Zoning, Subdivision and Land Development or other Borough Ordinance or Plan shall affect the decision on such Plan adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the Borough Ordinances or Plans as they stood at the time the application was duly submitted. In addition, when a Preliminary Plan has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved Preliminary Plan as hereinafter provided.

However, if a Plan is properly and finally denied, any subsequent Plan shall be subject to any intervening change in Borough ordinance or plans. When an application for approval of a Plan, whether Preliminary or Final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the Zoning, Subdivision and Land Development or other Borough 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 three years from such approval. Where final approval is preceded by preliminary approval, the three‑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 the light of the provisions of the Borough Ordinances or Plans as they stood at the time when the Plan for such approval was duly submitted.

SECTION 308 EFFECT OF PRELIMINARY PLAN APPROVAL

Approval of the Preliminary Plan by the Borough Council constitutes approval of the development as to the character and intensity of development, the general layout, and the approximate dimensions of streets, lots, and other planned features. The approval binds the developer to the general scheme shown on the Preliminary Plan and the conditions imposed by Borough Council if approval was conditional and the developer has agreed to the conditions. The plan shall not be signed by Borough Council until all conditions are complied with.

Approval of the Preliminary Plan shall not constitute approval of the Final Plan, nor does it authorize recording of the Preliminary Plan or the sale of any lots or the construction of any buildings. However, such approval does authorize the developer to proceed with the preparation of the Final Plan, installation and construction of improvements subject to obtaining work permits from the Borough and/or the posting of a bond or guarantee as specified in this Ordinance.

SECTION 309 EFFECT OF FINAL PLAN APPROVAL

Approval of the Final Plan by the Borough Council constitutes final approval of the land development as to the character and intensity of development, the layout, and the dimensions of streets, lots and other planned features. This approval binds the developer to the scheme shown on the Final Plan and the conditions imposed by Borough Council if approval was conditional and the developer has agreed to the conditions. The plan shall not be signed by Borough Council until all conditions are complied with.

Final Plan approval and compliance with all conditions if any are imposed authorizes recording of the Final Plan which must be accomplished before the developer can proceed with the sale of any lots or the construction of buildings or structures.

SECTION 310 RECORDING OF FINAL PLAN

Upon approval of the Final Plan and compliance with all conditions if approval of the Plan was conditional, the Borough shall within ninety (90) days of such approval or compliance with conditions record such Plan in the Office of Recorder of Deeds of York County. Developer shall secure the notation of review by the York County Planning Commission prior to recording of the Plan. Within thirty (30) days after such recording, the Borough shall furnish proof of recording to the developer.

The Recording of the Final Plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject Plan.

SECTION 311RESUBDIVISION

For any replatting or resubdivision of land, the same procedures and regulations apply as prescribed for any original land development.

ARTICLE IV

PLAN REQUIREMENTS

SECTION 401SKETCH PLAN REQUIREMENTS

a)General Requirements for Sketch Plans: The Sketch Plan may be a free‑hand drawing and should be accompanied by an application for Subdivision or Land Development Approval. A Sketch Plan need not be drawn to exact scale nor are precise dimensions required.

b)Sketch Plan Requirements for a Subdivision or a Mobile Home Park: The Sketch Plan for either a subdivision or a mobile home park shall show the following:

1.Name and address of developer, name of municipality, title, north arrow, date and approximate scale.

2.Existing tract boundaries.

3.Location map showing relation of the development to the surrounding area and community.

4.Existing and proposed streets, easements and rights‑of‑way.

5.Proposed general lot layout.

6.Number of acres in tract, average lot size, approximate number of lots, anticipated type of development.

7.All public reservations such as schools, parks, etc.

8.Topography of tract or sketch showing existing drainage patterns and slope directions.

c)Sketch Plan Requirements for a Land Development Other than a Subdivision or a Mobile Home Park: The Sketch Plan for a land development involving either multi‑family dwellings, or commercial, industrial or other nonresidential uses shall show the following:

1.Name and address of developer, name of municipality, title, north arrow and date.

2.Tract boundaries and tract size.

3.Location map showing the relation of the development to the surrounding area and community.

4.Existing easements and rights‑of‑way.

5.The approximate size, location and configuration of proposed buildings, vehicular entrances and exits, vehicular drives, parking areas, truck loading and unloading areas, unenclosed storage areas, screens and buffers, landscaped areas, and all other significant proposed facilities.

6.Topography of tract or sketch showing existing drainage patterns and slope directions.

SECTION 402 PRELIMINARY PLAN REQUIREMENTS

The Preliminary Plan shall be clearly and legibly drawn on a single sheet of either linen or mylar material to a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, 60 feet or 100 feet to the inch. Sheet size should be 22" x 36". However, if this sheet size is found to be insufficient, a larger sheet size may be used.

a)General Preliminary Plan Requirements: All Preliminary Plans shall show the following:

1.Title block containing the name of the land development, name of the municipality, name and address of the record owner of the property or of his authorized agent, name of the person or firm responsible for preparing the Plan, graphic scale, written scale, the Plan date and the date(s) of all Plan revisions.

2.North point.

3.A location map, at a scale of not less than one thousand (1,000) feet to the inch, showing the proposed development and adjoining areas.

4.The entire existing tract boundaries with bearings and distances.

5.The names of owners of immediately adjacent unplatted land and the names of proposed or existing land developments immediately adjacent.

6.Existing contours at vertical intervals of at least two (2) feet for land with average natural slope of four (4) percent or less and at vertical intervals of at least five (5) feet for land with average natural slope exceeding four (4) percent. Contours shall be accompanied by a notation indicating the datum to which contour elevations refer. The engineer or surveyor preparing the Plan shall consult with the Borough Engineer to determine the availability of Borough datum in the project area.

7.Location of all existing watercourses, flood hazard areas, tree masses, rock outcrops and other significant natural features within or adjacent to the tract.

8.Location of all existing streets and also those streets that are preliminary approved or recorded but unimproved within or adjacent to the tract, including names, right‑of‑way width and roadway width.

9.Location of all existing buildings, sewers, water mains, culverts, petroleum lines, gas lines, electric transmission lines, fire hydrants and other significant man-made features within or adjacent to the tract.

10.Location of existing and proposed street lights and fire hydrants.

11.Location and width of all existing easements and rights‑of‑way within or adjacent to the tract and the purpose for which the easements or rights‑of‑way have been established.

12.The stages, if any, to be followed in the construction of the land development.

13.An indication of the size and general location of proposed water mains and sanitary sewers. For on‑lot septic systems, the location of perc tests must be shown.

14.Certification, with seal, by a registered professional engineer or surveyor to the effect that the survey and plan are correct.

15.Provision for signatures by Borough Council indicating Council's approval of the plan (3 spaces for signatures and 1 space for approval date).

16.Provision for signatures by the Borough Planning Commission and the Borough Engineer indicating their review of the plan (5 spaces for Planning Commission signatures and 1 space for review date and 1 space for Engineer's signature, 1 space for review date).

b)Preliminary Plan Requirements for a Subdivision or a Mobile Home Park: In addition to the requirements of s.402 (a), the Preliminary Plan for either a subdivision or a mobile home park shall show the following:

1.Layout of proposed lots, approximate dimensions of lot lines, approximate size of each lot, proposed building setback lines and number to identify each lot.

2.Location, names, roadway width, and right‑of‑way width of all proposed streets and location and width of the future right‑of‑way required for the expansion of existing streets.

3.Typical cross‑sections for proposed streets.

4.Clear sight triangles at each street intersection.

5.Location, width and purpose of all proposed easements and rights‑of‑way.

6.Location, approximate dimensions, and purpose of areas to be dedicated or reserved for public and semi‑public uses or to be reserved for common use of all property owners and/or tenants in the land development.

7.Table of site and development data including statements of total acreage of the entire existing tract, proposed use of the property, existing zoning classification, number of proposed lots, proposed minimum lot size, number of proposed dwelling units, lineal feet of new streets proposed and proposed type of sewage disposal and water supply.

c)Preliminary Plan Requirements for a Land Development Other Than a Subdivision or a Mobile Home Park: In addition to the requirements of s.402(a), the Preliminary Plan for a land development involving either multi‑family dwellings, or commercial, industrial or other nonresidential uses shall show the following:

1.Location and general exterior dimensions of principal and accessory buildings.

2.Location and dimensions of vehicular drives, entrances and exits.

3.Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays, angle of parking.

4.Location and dimensions of pedestrian entrances, exits and walks.

5.Locations, arrangement and dimensions of truck loading and unloading spaces and docks.

6.Location, dimensions and materials of walls, fences, buffers, screen plantings and landscaped areas.

7.Location and dimensions of unenclosed storage areas.

8.Location, size, height and orientation of all signs other than signs flat on building facades.

9.Location and appropriate dimensions of all other significant proposed facilities and structures.

10.Finished grades, slopes and banks.

11.Table of site and development data including statements of total acreage of the property, proposed use of the property, existing zoning classification, proposed building coverage, proposed impervious surface coverage, proposed type of sewage disposal and water supply, number of off‑street parking spaces required, and number of off‑street parking spaces proposed. Such table shall also list the criteria needed to calculate the number of off‑ street parking spaces required by the parking provisions of the Borough Zoning Ordinance (e.g., gross floor area, number of seats, number of employees, number of dwelling units, etc.).

d)Preliminary Plan Accompanying Certificates and Data: All Preliminary Plans shall be accompanied by the following:

1.Application for Subdivision or Land Development approval

2.Filing fee (s.804).

3.Feasibility Study on sewer and water facilities for the tract (s.403).

4.Planning module for land development as required by the Pennsylvania Department of Environmental Resources.

5.If public sewage disposal is proposed, a letter from the appropriate sewer authority stating that sewage treatment capacity is available to serve the land development.

6.If a public water supply is proposed, a letter from the appropriate water supplier stating that public water facilities are available to serve the land development.

7.If the developer proposes to impose restrictions on either tenants or future lot owners by means of lease provisions, deed restrictions, or covenants, the text of such provisions.

8.Proof of any variances or special exceptions which may have been granted.

9.Where proposed development covers only a part of the developer's entire tract, a Sketch Plan shall be submitted of the prospective development for the remainder of the tract. Such Sketch Plan shall be prepared in accordance with s.401 of this Ordinance.

10.Centerline profiles for each proposed street.

11.Preliminary engineering designs of any proposed bridges or culverts.

12.A plan for the surface drainage of the land development. Such plan shall include storm water run‑off calculations and a drawing of present and proposed grades and facilities for accommodating the anticipated run‑off.

13.Where the land included in the proposed development plan has an electric transmission line, a gas pipeline, or a petroleum or petroleum product transmission line located within the tract, the plan shall be accompanied by a letter from the owner or lessee of such right‑of‑way stating any conditions on the use of the land and the minimum building setback and/or right‑of‑way lines. This requirement may also be satisfied by submitting a copy of the recorded agreement which shall contain the above data.

14.Whenever a land development proposes to dispose of storm water runoff to an adjacent property not within a natural watercourse or in a manner which exceeds the capability of a natural watercourse, approval of the affected owners shall be obtained and submitted with the land development plan.

15.Plan for Control of Erosion and Sedimentation (s.404).

16.Other certificates or data as may be required by this Ordinance or any other Borough ordinance or regulations must be submitted prior to Preliminary Plan approval if requested by the Borough Council.

SECTION 403 FEASIBILITY REPORT ON SEWER AND WATER FACILITIES

The developer shall submit a Feasibility Report in duplicate concerning the availability and/or adaptability of sewer and water facilities in or near a proposed land development. Said report shall be prepared by a Registered Professional Engineer and be submitted in conjunction with the Preliminary Plan (or Final Plan if a minor subdivision) for review and recommendations by the Borough and the local office of the Pennsylvania Department of Environmental Resources.

The Feasibility Report shall consist of an examination of possible connection to an existing sewerage system and water supply system. The study shall include the distance from the nearest public sewer and public water and the capacity of the existing system to accommodate the proposed land development.

If connection to an existing public sewerage system is found to be feasible, formal application shall be made to the Commonwealth of Pennsylvania, Department of Environmental Resources and a permit obtained from the Bureau of Water Quality Management prior to the construction of sewers or treatment facilities.

The Borough Council will approve on‑site sewage disposal systems only when the Feasibility Study indicates:

-Justification of the project necessitates consideration of this method.

‑The soil absorption is satisfactory for this type of system.

-Such systems will not endanger groundwater supplies below the level of the absorption system.

-The systems will not be installed in creviced rocks or limestone formations.

-The use of such systems conforms to the Borough Comprehensive (Act 537) Sewage Facilities Plan or an amendment thereto.

The soil absorption tests called for above shall be performed in accordance with the regulations of the Pennsylvania Department of Environmental Resources and shall be observed by the Borough sewage enforcement officer and/or a sanitarian of the Pennsylvania Department of Environmental Resources.

SECTION 404 PLAN FOR CONTROL OF EROSION AND SEDIMENTATION

The applicant shall submit a Plan in duplicate concerning the control of erosion and sedimentation on or nearby a proposed land development. Said plan shall be prepared by a person trained and experienced in erosion and sedimentation control methods and techniques and be submitted in conjunction with the Preliminary Plan (Final Plan if a minor subdivision) for review and recommendations by the local office of the Pennsylvania Department of Environmental Resources.

The Plan shall be designed to prevent accelerated erosion and sedimentation and shall consider all factors which may contribute to erosion and sedimentation, in connection with the land development. The Plan shall also contain any additional information as required by Chapter 102 of Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Resources.

The applicant shall submit an approval letter from Soil Conservation Service indicating that the Plan meets the requirements of Chapter 102 of Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Resources.

SECTION 405 FINAL PLAN REQUIREMENTS

The Final Plan shall conform in all important details with Preliminary Plans as previously approved, and any conditions specified in the approval of Preliminary Plans shall be incorporated in the Final Plan.

The Final Plan shall be clearly and legibly drawn on linen or mylar material to a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, 60 feet or 100 feet to the inch. Sheet size should be 22" x 36". However, if this sheet size is found to be insufficient, a larger sheet size may be used.

If the Final Plan requires more than one sheet, a key diagram showing the relative location of the several sections shall be drawn on each sheet and appropriately labeled with match lines.

a) General Final Plan Requirements: All Final Plans shall show the following:

1. Title block containing the name of the land development, name of the municipality, name and address of the record owner of the property or of his authorized agent, name of the person or firm responsible for preparing the plan, written scale, graphic scale, the plan date and the date(s) of all plan revisions.

2.North point.

3.A location map, at a scale of not less than one thousand (1,000) feet to the inch, showing the proposed development and adjoining areas.

4.The entire existing tract boundaries with bearings to the nearest second and distances to the nearest one hundredth (.01) of a foot.

5.The names of owners of immediately adjacent unplatted land and the names of proposed or existing land developments immediately adjacent.

6.Existing significant natural or manmade features within or adjacent to the tract. Significant natural or man‑made features includes watercourses, flood hazard areas, tree masses, buildings, sewer mains, water mains, culverts, gas lines, petroleum lines, electric transmission lines, etc.

7.Location, width and purpose of all existing and proposed rights‑of‑way and easements.

8.Location of existing and proposed street lights and fire hydrants.

9.For all street rights‑of‑way and property lines, dimensions, bearings or deflection angles of all straight lines. Dimensions shall be in feet and hundredths of a foot. Bearings shall be in degrees, minutes and seconds.

10.For all street rights‑of‑way and property lines, radii, arcs and central angles of all curves.

11.Primary control points, or descriptions and ties to such control points to which all dimensions, angles, bearings, and similar data on the plan are referred.

12.Location of permanent reference monuments.

13.Certification, with seal, by a registered professional engineer or surveyor to the effect that the survey and plan are correct.

14.A notarized statement to the effect that the applicant is the owner of the land proposed to be developed and that the land development shown on the Final Plan is made with his or their free consent and that it is desired to record the same.

15.Provision for signatures of Borough Council indicating Council's approval of the Plan (3 spaces for signatures and 1 space for approval date).

16.Provision for signatures by the Borough Planning Commission and the Borough Engineer indicating their review of the Plan (5 spaces for Planning Commission signatures, 1 space for review date and 1 space for Engineer's signature, 1 space for review date).

b)Final Plan Requirements for a Major Subdivision or a Mobile Home Park: In addition to the requirements of s.405.(a), the Final Plan for a major subdivision or a mobile home park shall show the following:

1.Layout of proposed lots, size of each lot, building setback lines on all lots and number to identify each lot.

2.Location and width of all proposed street right‑of‑way and roadways and names of all streets.

3.Typical cross‑sections for proposed streets.

4.Clear sight triangles at each street intersection.

5.Location, dimensions, and purpose of areas to be dedicated or reserved for common use of all property owners and/or tenants in the land development.

6.If streets, parks or other areas or portions of them are to be dedicated to the Borough, a note stipulating that the legal means of conveyance shall be by dedication.

7.Table of site and development data including statements of total acreage of the entire existing tract, proposed use of the property, existing zoning classification, number of proposed lots, proposed minimum lot size, lineal feet of new streets proposed and proposed type of sewage disposal and water supply. If the property is proposed to be used for residential purposes, the number of proposed dwelling units shall also be listed.

c)Final Plan Requirements for a Minor Subdivision: In addition to the requirements of s.405(a), the Final Plan for a minor subdivision shall show the following:

1.Existing contours at vertical intervals of at least two (2) feet for land with average natural slope of four (4) percent or less and, at vertical intervals of at least five (5) feet for land with average natural slope exceeding four (4) percent. Contours shall be accompanied by a notation indicating the datum to which contour elevations refer.

2.Layout of proposed lots, size of each lot, building setback lines on all lots, and number to identify each lot.

3.Offers of dedication of land for the widening of existing streets, names of existing streets and the location of the future right‑of‑way line for existing streets.

4.Exact location of perc tests for subsurface sewage disposal systems.

5.Table of site and development data including statements of total acreage of the entire existing tract, proposed use of the property, existing zoning classification, number of proposed lots and proposed minimum lot size and proposed type of sewage disposal and water supply. If the property is proposed to be used for residential purposes, the number of proposed dwelling units shall also be listed.

6.Horizontal and vertical alignment for each proposed sanitary sewer, storm sewer and water distribution system. Information on manhole locations and size and type of material shall be provided. Calculations for storm sewer design must also be submitted.

d)Final Plan Requirements for a Land Development Other Than a Subdivision or a Mobile Home Park: In addition to the requirements of s. 405(a), the Final Plan for a land development involving either multi‑family dwellings, or commercial, industrial or other nonresidential uses shall show the following:

1.Location and general exterior dimensions of principal and accessory buildings.

2.Location and dimensions of vehicular drives, entrances and exits.

3.Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays, angle of parking.

4.Location and dimensions of pedestrian entrances, exits, and walks.

5.Locations, arrangement and dimensions of truck loading and unloading spaces and docks.

6.Location, dimensions and materials of walls, fences, buffers, screen plantings and landscaped areas.

7.Location and dimensions of unenclosed storage areas.

8.Location, size, height and orientation of all signs other than signs flat on building facades.

9.Location and appropriate dimensions of all other significant proposed facilities and structures.

10.Finished grades, slopes and banks.

11.Table of site and development data including statements of total acreage of the property, proposed use of the property, existing zoning classification, proposed building coverage, proposed impervious surface coverage, proposed type of sewage disposal and water supply, number of off‑street parking spaces required and number of off‑street parking spaces proposed. Such Table shall also list the criteria needed to calculate the number of off‑street parking spaces required by the parking provisions of the Borough Zoning Ordinance (e.g., gross floor area, number of employees, number of seats, or number of dwelling units, etc.).

e)Final Plans Accompanying Certificates and Data: All Final Plans shall be accompanied by the following:

1.Application for Subdivision or Land Development Approval (see pages IV‑13 thru IV‑16).

2.All required fees and charges (s.804).

3.If the developer proposes to impose restrictions on either merchants, tenants or future lot owners by means of lease provisions, deed restrictions, or covenants, the text of such provisions.

4.Proof of any variances or special exceptions which may have been granted.

5.Profiles for all proposed streets. Such profiles shall show the existing (natural) and proposed grades along the centerline of the proposed street and the length of all proposed vertical curves.

6.Horizontal and vertical alignment for each proposed sanitary sewer, storm sewer and water distribution system. Information on manhole locations and size and type of material shall be provided. Drainage calculations for storm sewer design must also be submitted.

7.Unless submitted with the Preliminary Plan, where the land included in the Plan has an electric transmission line, a gas pipeline, or a petroleum or petroleum product transmission line located within the tract, the Plan shall be accompanied by a letter from the owner or lessee of such right‑of‑way stating any conditions on the use of the land and the minimum building setback and/or right‑of‑way lines. This requirement may also be satisfied by submitting a copy of the recorded agreement which shall contain the above data.

8.Whenever a land development plan proposes to dispose of storm water runoff to an adjacent property not within a natural watercourse or in a manner which exceeds the capability of a natural watercourse, a letter from the affected property owners stating their approval of the proposal.

9.Certification from the Borough Engineer that the developer has installed all improvements to the specifications of this Ordinance and any conditions attached by Borough Council or, in lieu thereof, an improvement bond or other satisfactory security in an amount sufficient to assure completion of all improvements as provided in s.611.

10.If a minor subdivision, a feasibility study on sewer and water facilities for the tract as required by s.403 and planning module for land development as required by the Pennsylvania Department of Environmental Resources.

11.Unless submitted with the Preliminary Plan, a plan for control of erosion and sedimentation.

12.Other certificates or data as may be required by this Ordinance or any other Borough ordinance or regulations must be submitted prior to Final Plan Approval if requested by the Borough Council.

APPLICATION FOR LAND SUBDIVISION OR MOBILE HOME PARK APPROVAL

Name of Development

Sketch Plan Preliminary Plan Final Plan

General Information

Owner

Address Telephone No.

Applicant

Address Telephone No.

Surveyor or Engineer

Address Telephone No.

Development Data

Location

Total Acreage of Tract

Existing Zoning Classification

Proposed Use

Number of Lots Proposed

Number of Dwelling Units Proposed

Minimum Lot Size Proposed

Lineal Feet of New Streets Proposed

Proposed Water Supply: Public System Individual On-Lot Well(s)

Proposed Sewerage System: Public System On-Lot Sewage Disposal

System(s)

Number of Street Lights Proposed

Number of Fire Hydrants Proposed

DO NOT WRITE ON THIS SIDE ‑ FOR BOROUGH USE ONLY

Exhibits Submitted Date

Filing Fee

Sketch Design Plan

Preliminary Plan

Final Plan

Street Profiles

Drainage Plan

Performance Bond

Deed Restrictions

Sewer and Water Feasibility Study

Other

Date Reply

Distribution of Plan Sent Received

Borough Planning Commission

Borough Engineer

York County Planning Commission

Pa. Dept. of Environmental Resources

Pa. Dept. of Transportation

Public Utility Company

Soil Conservation Service

Other

Action Taken