Planning: FAQs Lancaster County Planning Commission Planning: FAQs

 

Frequently Asked Questions (FAQs)

 

1. What is a subdivision?
2. What is a land development?
3. Why do we have subdivision and land development ordinances?
4. What’s the legal basis for the county’s subdivision and land development ordinance?
5. In which municipalities is the Lancaster County Subdivision and Land Development Ordinance in effect?
6. What’s the difference between subdivision and zoning development regulations?
7. What’s the first thing I should consider when developing or subdividing my land?
8. I know how my land is zoned. Now I want to move ahead with a subdivision (or land development). What should I do next?
9. How do I choose a professional to prepare and present my plan?
10. What happens to my plan after it’s submitted to the Lancaster County Planning Commission for approval?
11. My plan was conditionally approved. What happens next?
12. How long will it take to get my plan recorded?
13. What does it mean to have my plan recorded?
14.  What is a Comprehensive Plan?
15.  What is a Heritage Park?
16.  What are Community Indicators?
17.  What is a CPI?
18.  What is Heritage Tourism?
19.  What is Economic Development?
20.  What are the benefits of economic development?

 

1.   What is a subdivision?

A subdivision is the division of a tract of land into two or more lots.

 

2.   What is a land development?

 

Generally, a land development is the improvement of a tract of land involving a non-residential building or a group of two or more residential units on a single lot.  For example, the construction of a new convenience store would be considered a land development.  The construction of one single-family detached house on a lot is not considered a land development.  However, the construction of two single-family houses on one lot would be considered a land development.

 

3.   What is the purpose of a subdivision and land development ordinance?

 

First, the regulations help to make sure that development activity does not have detrimental impacts upon the surrounding community.  For example, the ordinance requires that rain water from the developed lot does not run off at a rate that exceeds the rate from the lot prior to development.  Such runoff could cause erosion on neighboring properties and flooding of adjacent roads. 

The ordinance also assures the orderly provision of services and infrastructure needed to support development.  Streets, for example, are required for new lots in order to provide adequate access to the property now and in the future.  Wastewater treatment facilities are another example of improvements required for new lots and developments.

Finally, the ordinance requires that the plan be recorded in the Office of the Recorder of Deeds to become part of the land records system.  This helps current and future landowners understand where their property lines are located.  This is a source of title information in addition to the deed for the property.

 

4.   What is the legal basis for the county subdivision and land development ordinance?

 

The Lancaster County Subdivision and Land Development Ordinance was adopted under the terms of the Pennsylvania Municipalities Planning Code.  The current ordinance is officially titled The Lancaster County Subdivision and Land Development Ordinance of 1991.  It was adopted by the Lancaster County Board of Commissioners on 25 September 1991.

 

5.   Where is the Lancaster County Subdivision and Land Development Ordinance in effect?

 

Presently, the ordinance is effective in thirty-two of the sixty municipalities in Lancaster County.  The remaining twenty-eight municipalities have adopted separate subdivision ordinances.  See the following list for those municipalities where the Lancaster County Subdivision and Land Development Ordinance is in effect.

                                                             

Bart Township                                                                         

BrecknockTownship                                                                           

Caernarvon Township                                                  

Christiana Borough                                                                  

ColerainTownship                                                                               

Conestoga Township                                                               

Conoy Township                                                                      

DrumoreTownship                                                                              

East PetersburgBorough                                                                     

Eden Township                                                            

ElizabethTownship                                                                                                                                                                 

Little Britain Township                                                 

ManheimBorough                                                                                                                                                               

Marietta Borough                                                                    

Martic Township                                                                     

Mountville Borough

Pequea Township                                                                  

Sadsbury Township                                                                 

Strasburg Township                                                     

       

6.   What is the difference between subdivision regulations and zoning regulations?

Zoning ordinances regulate the types of uses that are permitted on a specific tract of land - commercial, residential, or industrial, for example. Subdivision and land development ordinances regulate how the land is improved in order to accommodate the uses permitted.  For example, the zoning may allow land to be subdivided to provide a building lot for a residence.  The zoning ordinance would also tell you the minimum size required for the lot which is being created.  The land development regulations would determine how storm water runoff is handled, the safest place for driveways to be located, and whether or not sidewalks are needed for the new lot.

 

7.   What should I do if I am considering developing or subdividing my land?

 

The first thing you need to do is determine how your land is zoned.  This information will tell you what uses are permitted to be developed on your property.  It is highly recommended that you contact the municipal zoning officer for this information.  The zoning officer is appointed by the township or borough to administer the zoning ordinance.  The zoning officer can help you understand what is required by the zoning ordinance.

 

8.   I have determined the zoning and want to move ahead with a subdivision (or land development).  What should I do next?

 

At this point,  you should contact a surveying and engineering firm to prepare a plan for you.  Surveyors, engineers, and landscape architects are licensed by the Commonwealth of Pennsylvania to prepare and certify development plans.  As licensed professionals, they are charged with designing,  preparing,  and submitting plans that conform to the applicable regulations.

It is a good idea to discuss with your design professional how you want to develop your land.  You should discuss where you want to place new lots and the location of the buildings, driveways, streets, etc. 

If you or your design professional have any questions you should call or meet with the commission staff to discuss your proposal.  If you are confident that you are prepared to proceed, you should have your surveyor or engineer prepare a formal plan and application for approval.  The plan should then be submitted along with application fees, forms, and other documentation for approval by the commission.

 

9.   How do I choose the professional to prepare and present my plan?

Choose your consultant based upon their his/her experience with the Lancaster County Subdivision and Land Development Ordinance.  Read this document so that you have a basic understanding of the process.  Ask questions.  In general, you should choose a design consultant the same way you would choose any professional.  The consultant=s success in working for you is a function of price, knowledge of the county procedures and regulations, and ability to communicate.

Your design professional should be familiar with the Lancaster County Subdivision and Land Development Ordinance so that he/she can advise you about the technical aspects of your development.  It is a good idea to ask them if they have had experience with designing developments to meet the county=s regulations.  Have they done work for other landowners in your community?  What types of plans have they submittedBone lot subdivisions, large residential developments, commercial land development?  Can they provide you with references?

For ethical and legal reasons, the commission cannot recommend a design consultant for you to use.

 

10.   What happens to my plan after it is submitted for approval?

The commission staff will check to see that the application is complete.  All sets of plans and documentation, as required by the ordinance, must accompany the application when it is submitted.  If the application is accepted, the plan is then scheduled for action by the commission.  (Generally, the plan will be acted upon within 45 days of receipt. The commission has a maximum of 90 days to act on the plan.)

After the plan is scheduled, copies of the plan are distributed for review by the local municipality, the county engineer, and the commission staff planner assigned to the project.  The municipal review assures conformance with local regulations and general comments.  The county engineer reviews the plans for technical conformance with the storm water management requirements.  The planner reviews the plan for conformance with the site design and procedural requirements of the ordinance.

All of these reviews are considered and compiled in a report for the commission=s consideration.  The report tells the commission members how the plan conforms to the ordinance and makes a recommendation about the action to be taken.  The recommendation will be either approval, conditional approval, or disapproval.  An approval recommendation indicates that the plan meets all the requirements of the subdivision and land development ordinance.   A recommendation for a conditional approval means that the plan is not fully in compliance with the ordinance, but can be brought into compliance if it is revised to meet the specified conditions.  Before the plan can be recorded the deficiencies must be corrected and approved by the commission staff.  A disapproval recommendation means that the plan is not able to be approved as submitted because it departs substantially from the ordinance requirements.  A disapproved plan cannot be recorded, and no building or sale of lots may commence.  A new plan must be submitted if the intention is to proceed with the development. 

Most plans receive a conditional approval.

 

11.   My plan was conditionally approved.  What happens next?

 

You should contact your design consultant to discuss how to meet the conditions and how soon the compliance items can be submitted for review by the commission staff.  By law, you have 90 days to meet all conditions and record the plan.  However, the commission is authorized to extend this time and therefore to grant an additional 90 days.  Therefore, plans approved by the commission have a total of six months to meet conditions and to be recorded.

After receiving a conditional approval, your design consultant must submit information that corrects the plan to meet the conditions.  The commission staff will review the information to make sure that it is in conformance with the requirements of the ordinance.  It is sometimes necessary for the design consultant to submit additional information in order to fully comply with the conditions of approval. You should make sure that your consultant understands the conditions and knows how to comply.  This helps to eliminate confusion as to how to meet the conditions and reduces the amount of time it takes until your plan can be recorded.  If you or your consultant are not sure how to meet the conditions of approval, call the planner that reviewed your plan.

 

12.   How long will it take to get my plan recorded?

 

The plan will usually be scheduled for action within 45 days of receipt.  If your plan is conditionally approved, you have six months to meet the conditions of approval and to record the plan.  The six months starts with the action by the commission to conditionally approve your plan.  It is up to you and to your design consultant to respond within that six month period in a timely manner.  In most cases, the commission staff responds to plan compliance submissions within two weeks.   Most plans are recorded within 6 to 7 months from the date of submission to the county for approval.

 

13.   What does it mean to have my plan recorded?

 

Under Pennsylvania law, no new lots can be sold until the subdivision plan is recorded in the Lancaster County Office of the Recorder of Deeds.  This puts the lot or lots Aon record@, meaning that they can legally be divided from the larger tract of land.  This division is legally and formally accomplished by recording a deed which is the legal document used to transfer title in land.

 

14.  What is a Comprehensive Plan?

A comprehensive plan is an official document that contains the collective expression of community values that form the character the community hopes to achieve. It is also a general policy guide for the physical development of a municipality and it serves as the framework upon which all administrative and regulatory documents are based. The Pennsylvania Municipalities Planning Code (MPC) requires that a comprehensive plan consider many factors which influence a community such as location, character and timing of future development, as well as the infrastructure and services needed to accommodate new residents.      (back to top)

15.  What is a Heritage Park?

A heritage park (or area) is both a place and a concept. Physically, heritage areas are regions with concentrations of important historic, cultural, natural, and recreational resources. These are places known for their unique culture and identity, as well as being good places to live and visit. As a concept, a heritage area combines resource conservation and education with economic development, typically in the form of tourism. In partnership with landowners, local governments, and state and federal agencies, communities across the country have developed heritage areas with the goal of creating more livable and economically vital regions.      
(back to top)

16.  What are Community Indicators?

Indicators are numeric measures of community health and well being. They are small windows that provide a glimpse of a big picture. Indicators show data that reflect trends in critical aspects of life, economy, or environment.

Sets of Indicators are often compared to the dashboard of a car. By checking the gauges on the dashboard, most people can quickly determine if the vehicle is in good operating order and make appropriate decisions. Sometimes those readings may lead the driver to check with experts and get more information about what's going on. The mechanic can pop the hood and examine with greater expertise the detailed mechanics of the operating systems. Indicators may not tell everything, but they provide enough information to make informed decisions.      
(back to top)

17.  What is a CPI?

CPI (The Community Parks Initiative Grants Program) provides matching grants to local municipalities and non-profits for the acquisition and development of local park facilities. The objectives of this grant program are to provide public parkland and open space areas in Lancaster County for the enjoyment of Lancaster County's present and future citizens. To meet this objective, the Lancaster County Board of Commissioners provides financial assistance, in the form of matching cash grants, to municipalities, and non-profit organizations. These cash grants will be utilized to acquire lands for local, close-to-home parks, greenways, natural areas and conservation areas.      (back to top)

18.  What is Heritage Tourism?

A community-based approach to sustainable tourism development which is:

  • Founded on the preservation and authentic interpretation of important natural, cultural, and historical heritage.
  • Directly beneficial to local residents, the place, and the visitor.      (back to top)

19.  What is a sustainable economy?

An economy that:

  • is diverse.
  • grows sufficiently to create jobs that offer family supporting wages.
  • reduces poverty.
  • meets the needs of its present population without compromising the ability of future generations to meet their own needs.
  • increases the opportunity for a high quality of life for all, without degrading the natural and cultural heritage of the community.
  • has a tax base that matches or exceeds community needs and services.
  • continues to support business start-ups, business expansions, and business growth.
    (back to top)

20.  What is urban revitalization?

It is targeting resources and funds to urban neighborhoods, downtowns, and Main Streets to:

  • pump new vitality into urban communities.
  • attract new businesses.
  • promote cultural and historical attractions.
that not only benefit the local economy but that enhance community pride.

Benefits of urban revitalization include the reduction of sprawl and the problems associated with sprawl by:

  • reducing consumption of land
  • easing traffic congestion
  • retaining of sense of community
  • keeping existing communities financially healthy
  • preventing blight and urban decline




Content Last Modified on 2/1/2008 3:14:06 PM