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HomeMy WebLinkAbout97-01457 ~, (I . ~ ~i o ~ \! . :-- ~~ ~ ....v o ...{ .~ 4 \I) .J. / / III " t- ~ J t" \. ~ " . . ~ . , 'J ) , I t', trl I ~' 4. The Borough Council is the governing body of the borough and the Shippensburg Borough Planning Commission ("Commission") is an appointed body to which the Borough Council has delegated the review and approval of preliminary subdivision and land development plans. 5. Appellant, Senior Cottages, is the legal title holder to certain real estate comprised of approximately 17 acres located along Baltimore Road, Shippensburg, Cumberland County, Pennsylvania by deed dated March 29,1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on December 23, 1996 (the "Property"). 6. On or about late September, 1996, Senior Cottages' engineer, Frederick Seibert and Associates, Inc. met with Borough stalT to discuss a sketch plan for the Property pursuant to Section 501.01 of the Subdivision and Land Development Ordinance of the Borough of Shippensburg (herein the "Subdivision Ordinance"), which showed the site layout for 120 one- story residential units for senior citizens, 7. On or about October 9, 1997, Senior Cottages' engineer attended a meeting of Borough Council and stalTto discuss the sketch plan. 8. On or about November IS, 1996 the Shippensburg Borough Authority ("Authority") provided notice to Senior Cottages that pursuant to its meeting of November 12, 1996 the sewage module was approved for the Property. A copy of the correspondence -2- 22. At its regularly scheduled mecting on March 12, 1997, the Commission acknowledged that the conditions set forth in the February 12, 1997 decision had been fully and finally satisfied by Senior Cottages. 23. As the Preliminary Plan approval was granted by the Commission and the conditions set forth by the Commission were satisfied by Senior Cottages, the Preliminary Plan as filed is approved pursuant to the requirements of the Subdivision Ordinance. WHEREFORE, Appellant requests this Honorable Court to issue an Order affinning approval of the Preliminary Plan of Appellant. COUNT II-IMPROPER DENIAL 24. Paragraphs I through 23 are hereby incorporated by reference as though fully set forth at length herein. 25. The decision of the Borough Council was arbitrary, capricious and an abuse of discretion, in that it has no authority under the Pennsylvania Municipalities Planning Code or its own Ordinance to deny a Preliminary Plan. -7- 26. Article V of the Ordinance clearly and unambiguously delegates all powers as to the review and approval of preliminary subdivision and land development plans to the Commission. 27. Moreover, the notice of denial provided by Borough Council is deficient as noted in Count III below for failure to meet the requirements of 53 P .S. ~ I 0508 as nowhere in the notice of decision does the Borough Council specify the deficiencies in the Preliminary Plan or cite to provisions of the Subdivision Ordinance as the basis for the denial. WHEREFORE, Appellant requests this Honorable Court to issue an Order affinning approval of the Preliminary Plan as filed. COUNT 1/1- DEEMED APPROVAL PURSUANT TO 53 P.S. f10508 28. Paragraphs 1 through 27 are hereby incorporated by reference as though fully set forth at length herein. 29. The Planning Code provides that "[w]hen the application is not approved in tenns as filed 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 to the provisions of the statute or ordinance relied upon." 53 P.S. ~ 10508(2). -8- WHEREFORE, Appellant requests this Honorable Court to issue an Order affinning approval of the Preliminary Plan of Appellant. Respectfully submitted, MElTE, EVANS & WOODSIDE By: y~~~.e Paula J. LeiC' t, E quire Sup. Ct. I.D. No. 42585 Daniel M. Cwnpbcll, Esquire Sup. ClI.D. No. 72689 340 I North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 DATED: March 20, 1997 Attorneys for Appellant Senior Cottages of America, LLC 96023 I I 1\ , FEB-26-97 WED 3: 5D PM :. 10 " " SHIPPENSBURG WIllIAM W, WOlII Io<ougn 101_' W, DWAYNI DflGAANDI,"', DlrlCtor 01 h1b1O"_ ROIEAI C, WEAVER C_ EnlooellMllt OIIIC.' OA/oCI.... Kt~IA _110... A&IIllant lj ICROUGH OF 'III'PENSlURG ~W,I~dSIr", P.O. lox 129 IIl/ppenIllwg. PA 17257.0129 (717) M2-21.7 FAX . (717) 632-6'1'. November 15, 1996 Frederic M. Frederick, R.L.S., P.!. Frederiok, Seibert and Associates, Inc. 128 South Potomac street Hagerstown, Maryland 21740 Re: Senior cottages of America Dear Mr. Frederick: I am writing to inform you that the Sllippensburg Borough Authority, at its NOVOlllber 12, 1996, meeting, took action to allow the signinq of the sewago Module for the abovo-referenced project. Please, at your convenience, llIa)(e arrangeDients with me to sign the module. Should you have any questions, please don't hesitate to contact me. sincerely, 1At- :#' ~ william W. Wolfe seoretary liWW:))lv .' ARTICLE V PJ,AN PROCESSING PROCEDURES Section 501 Pre-Appllcntlon Review. The purpose of the pre-application meeting or sketch plan review is to affordlhe applicant the opportunity to receive the advice and assistance of lhe Municipality's staff. Such meeting and/or review shall be considered as confidential between the applicant and slaff. 501.01 Required Pre.Applicntlon Review. Proposals for possible development of sites into subdivisions of more lhan twenty (20) lots or which involve the crealion of new slreelS and plans for the development of retail, industrial or office slnlclures shall be discussed with the staff of the Municipality and sketch plans shall be submilled for review prior to submission of Preliminary Plans, Submission of a Sketch Plan shall not constilUle a formal filing of a plan with the Municipality. However, the applicant may request, in writing, a formal review by the Commission, in which case the Commission will take action, discuss the plan at a public meeting, and comment by leller. Generally, staff reviews will be scheduled within fifleen (15) consecutive days from the date of the Municipality's receipt of the request, but shall not exceed 30 days. If the applicant requesls a formal review of a Sketch Plan by the Commission, the plan shall be reviewed at a public meeting within ninety (90) days of the receipt hy the Commission of the malerials for review. Generally, such plans will be schcduled for review within thirly (30) days of lhe Commission'.s receipt of such malerials. 501.02 Optional Pre-Application Review. Applicanls are urged, but not required, to discuss olher lypes of proposals and submit Skelch Plans for review. Section 502 Preliminary Plan Applications. With the exceptions specifically noted in this Ordinance, a Preliminary Plan is required for applicalions which propose new streets, all land development plans, as defined in Section 602, and subdivision plans of len (10) or more lots. All other plans may be suhmilled as Final Plans in accordance with Seclion 603. 502.01 Application Reqnil'ements. All Preliminary Plans shall include the following: ',' A. Ten (10) copies of the Preliniinary Plan, plus one (1) additional copy if Ihe sile is within 1000 yards of a municipal boundary, plus one (I) additional copy if lhe site abuls a Slale Road. All plans shall be eilher black on white or blue on white paper prints. 18 502.02 B. Two. (2) copies of all reports, notificalions and'certlficatlons which arc not provided on the Preliminary Plan, including storm water management plans and calculations. C. One' Application Form (see Appendix 24.) completely and correctly executed with all information legible, and bearing the required signatures. D. Filing fee (see schedule of fees available at the office of the Municipality). Note: A separate filing fee must be submitted with each application. If one check Is Issued for multiple plans, a detailed breakdown of the individual fee assessment must accompany Ihe payment. In addition to the filing fees required hereunder, Ihe Commission and/or Borough shall require a deposit from the applicant in an amount It shall determine necessary for the cosls Incured by the Commission and/or Borough on account of engineering fees, administrative cosls and legal review. E. Notification signed by Ihe zoning officer thatlhe proposal Is generally in conformance with applicable zoning regulations, and Ihat If any zoning variance, special exceplion, or conditional use Is required that such approval has been granted or the slatus of any such application which has not been granted. A copy of the decision of Ihe Zoning Hearing Doard of Shlppcnsburg, including all conditions imposed. shall be submitledlo Ihe Commission as pari of thc Preliminary Plan Application. F. Incomplete Applications. A preliminary plan application shall be accompanied by all required plans and documents and the required filing fee. The Manager or Ihe Manager's designee shall have seven (7) days from tbe dale of submission of an application to check the plans and documents to determine if on their face they arc In proper form and contain all the information required by this Ordinance. If defeclive, the application may be returned to the applicant with a stalement' Ihat the application is incomplete within the seven (7) day period: otherwise Ihe applicalion shall be deemed accepted for filing as of Ihe date of submission. Acceptance shall not.. however. constitute a waiver of any deficicncies or irregularilles. The applicant may appeal a decision by Ihe Manager under this Section to the Planning Commission in accordance wilh Section 1105 of Ihis O.rdlnance. Plan Requiremcnts. All Preliminary Plans shall be prepared in conformance with Ihc provisions of Seclion 602 of Ihis Ordinance and any other applicable requiremcnt or law. 19 502.03 Distribution, The Commission shall distribute one (I) copy of the Preliminary Plan to each of the following individuals: A. Municipal secretary or manager. n. Municipal planning commission secretary. C. Fire company. D. Electric company. E. Telephone company. F. Gas Company. G. Pennsylvania Department of Transportation (if the subject site abuts a State road). H. Pennsylvania Department of Environmental Resources. I. Cumberland or Franklin County Planning Commission (two [2] copies). J. Adjoining municipality (if site is located within one thousand [1000] yards of a municipal boundary). The Commission will also notify the landowner, applicant, finn that prepared the Plan, municipal solicitor, municipal engineer, and school district of the filing of the Plan. 502.04 Commission Action. The Commission will schedule the Preliminary Plan applicalion for action at a regularly scheduled public meeting within ninety (90) days of the first public meeting of the' Commission after the date of filing. In general. the Commission will schedule the Preliminary Plan application for action at the first Commission meeting which is at least sixteen (16) business days following filing. 502.05 Notification of Commission Action. Within fifteen (15) consecutive days after lhe meeting al which the Preliminary Plan is reviewed, the staff shall send wrillen notice of the Commission's IIction to the following individuals: A. Landowner or his ngen!. n. Applicant. C. Finn that prepared lhe plan. D. Municipal secretary (jr manager. E. Municipal planning commission secretary. F. Municipal engincer (only at the request of the municipality), G. Municipal solicitor (only at the request of the municipality). " 20 l' 1 If the application is disapproved, the Commission will notify the above individuals, in writing, of the defects in the application and will identify the requirements which have not been met, citing the provisions of the statute or ordinance relied upon. 502.06 Compliance with Commission Action. If the Commission conditions its Preliminary Plan approval upon receipt of additional information, changes, and/or notifications, such data shall be submitted and/or allerations noted on two (2) copies of the Plan to be submitted to the Commission for approval by the staff. All correspondence and copies of the plan shall reference the PlaMlng Commissions file number. 502.07 Commission Apllroval and Certification. The Commission will acknowledge the satisfactory compliance wilh all conditions, If any, of the Preliminary Plan approval at a regularly scheduled public meeting. All materials to be considered by the Commission at such meeting shall be submitted by the applicant to the Commission's staff atlesl fourteen (14) days prior to the meeting. Addilionally, at the option of the applicanl, after receipt of Preliminary Plan approval and compliance with all conditions of approval, a Preliminary Plan may he presented to the Commission for acknowledgementlhrollgh a formal slatement on the Plan. (See Appendix 17.) Approval of a preliminary application shall constitute approval of the proposed suhdivision and/or land development as to the character and intensity of development and the general arrangement of streels, lOIS, SlmclUres, and other planned facilities, but shall not constitute Final Plan approval. The Preliminary Plan may not be recorded In the office of the Cumberlaml or Franklin County Recorder of Deeds. . ' Preliminary Plnn approval will be effective for a five-year period from the dale of lhe Commission's approval of the Preliminary Plan application; lherefore, Final Plan applications for the entire project must be made wilhin five (5) years of Preliminary Plnn approval unless the Commission grants a waiver by extending the effective time period bf the approval. The Applicanl may, arler receipt of ncknowledgment from the Commission of Ihe satisfaclory completion of any conditions of Preliminary Plan approval, proceed to conslmctthe Improvemenll required by the Ordinance and shown on the approved Preliminary '. t I 21 . " Preliminary Plan shall be submitled. 503.01 Application Requirements.. All Final Plan applications shall include the following: A. Nine (9) copies of Ihe Final plan, plus one (1) addlllonal copy If lhe slle is wilhln one Ihousand (1000) yards of a municipal boundary and one (1) addllional copy If Ihe sile abulS a Slale road. All plans shall be ellher black on while or blue on while paper prinls. B. Two (2) copies of all reports. nOlificalions and certificales which are nol provided on Ihe Final Plan, including slonn waler managemenl plans and calculalions. C. One (1) correcl and complele application fonn. (See Appendix 24.) D. A filing fce shall accompany Ihe Final Plan, consisling of a check or money order drawn 10 Ihe Borough of Shippensburg Treasurer (See fee schedule available al the Commission). Nole: A separale filing fee musl be sub milled for each applicalion. If one check is issued for mulliple plans. a delailed breakdown of Ihe individual fee . assessments musl accompany the paymen!. E. Nolificalion signed by Ihe municipal zoning officer Ihat Ihe proposal is generally In conformance wilh applicable zoning regulations, and Ihal if any zoning variance, special exception, or conditional use is required Ihat such approval has been granled or Ihe slatus of any such applicallon which has nol been granled. A ,copy of the zoning variance, including all conditions imposed. shall be submllled 10 Ihe Planning Commission as part of any Preliminary Plan application. P. One (1) copy 'Cfall applicable supplemenlary dala, nolices and cerlificales required in Seclions 603.04 and 603.05 of lhis Ordinance. G. One (1) verificalion form (see Appendix 33). n, A Final Plan application shall be accompanied by.. all 23 public meellng wilhin ninety (90) 'days of lhe first public meeling of Ihc Commission after the dale of filing. In genernl, lhe Commission will schedule the Flnal Plan applicntion for nClion at lhe first Commission meeting which is alleast sixteen (16) business days following filing. However, a municipality may request the Commission to delay action on the application up to ninety (90) days from the dale of filing to allow for the submission of lIS comments 10 the Commission. Final Plan approval will be effeclive for ninety (90) days from the date of the Commission's nClion on the Final Plan, unless the Commission granls a waiver by extending the effeclive time period of lhe approval. Wilhin this time period the applicaat; must meet all conditions of approval, if any; certify plans as specified in this Ordinance; and record plans as speci fied in this Ordinance. 503.05 Notification of Commission Action. Within fifteen (IS) consecutive days after the meeting at which the Final Plan is reviewed, the slaff shall send wrillen nOlice of the Commissioa's aClion to the following: A, L1ndowner or his agent. n, Applicant. C. Firm Ihat prepared the plan. 0, Municipal secretary or manager. E. Municipal planning commission secretary. F. Municipal engineer (only atlhe request of the municipality). G, Municipal solicitor (only at the request of the municipality). II. Cumberland or Franklin County Recorder of Deeds. 503.06 Compliance wilh Commission Action. If the Commission conditions its Final Plan approval upon receipt ofaddltional informal ion, changes, andlor notifications, such data shall be submilled andlor alteralions noted on two (2) copies of the plan to be'submiued to the Commission for approval by the slaff. 503.07 Final I'lall Certification. After the Commission's approval of lhe Final Plan and the required changes, if any, are made. lhe applicant shall proceed to prepare two (2) 25 . ._._---~'''''''' : " , , reVISion, the slaff will, in wriling, advise the applicant whelher or not the revision complies with Ihe slandards of Seclion 603.04 of this Ordinance. B. If the revision complies, the applicant shall prepare IWO (2) Plans, which shall be transparent black line reproductions of the original plan and one (1) set of paper copies of the Plan for the Commission's files, and which shall specifically identify the alteration(s) to lhe previously recorded plan. C. The applicant shall lhen submit lhe Plan to the municipal secrelary or authorized municipal official for certification as specified in Section 503.08 of this Ordinance and the Commission for signature as specified in Section 503.09 of this Ordinance. (See Appendices 22 and 19). D. The Plans shall lhen be recorded as specified in Seclion 503.10 of Ihis Ordinance. E. Prior to any rerecording, a note shall be placed on the replat specifying the Record Plan Book number ' of the original final plan, SECTION 505 , Minor Land Dcvclopment Plans. Land developments which involve a single, nonresidential structure on a previously approved and recorded lot or, Ihe provision of a second principal building on a lract or parcel which currently conlains a single principal building, or development of a single tract or parcel of land which involves a single building containing nol more than four (4) units of occupancy may be submitted as final plans in accordance with the provisions of this Ordinance. All land development plans which do not meel the above criteria shall be submitted in accordance with Section S02 of this ordinance. SECTION 506 Lot Add-On Plans.A plan which proposes 10 alter Ihe local ion uf lot lines belween existing lots of separale ownership for the sole purposc of increasing 101 size. 506.01 Lot Add-On Requlrcments. Lot Add-on Plans shall only 28 -'''~' ., . I .' . Commission shall review the request ~o detennine if the Iiteml compliance with any mandatory provision of the Ordinance is demonstrated by Ihe applicant to exact undue hardship or to be unreasonable, or that an alternative standard has been demonstrated to provide equal or beller resulls, provided that such modification will not be contrary to lhe public inlerest and that the purpose and intent of this Ordinance is observed. The applicant shall demonstrate that the alternative proposal represents the minimum modification necessary. If the Commission detennlnes that the applicant has met his burden, it may grant a waiver from lhe literal compliance with the tenns of this Ordinance. 507.03 Notification of Commission Action. After the meeling at which the waiver was reviewed, lhe Commission shall send notice of the Commission's action to the following individuals: A. Landowner or his agent. n. Applicant. C. Finn lhat prepared the plan. D. Municipal secrelary. E. Municipal planning commission secrelary. F. Municipal solicitor (only atlhe request of lhe municipality). G. Municipal engineer (only at the request of the municipality.) If lhe Commission denies lhe request, The Commission will notify the above individuals, in writing, of the justification for denial. If the Commission grants the request, the Final Plan shall include a note which identifies the specific waiver as granled. 31 " . I . . .' I . I . CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Forest Myers, Solicitor Borough of Shippensburg P.O. Box 129 Shippensburg, PA 17257-0129 METrE, EVANS & WOODSIDE By: ~~9'~ Paula J. Icht, squire Sup. Ct. I.D. No. 42585 3401 N. Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Appellant Senior Cottages of America, LLC DATED: March 20, 1997 III" I n V) 0 c. -oJ -If .' ~ -",' --:1 '4{, c:: T:n gH" :..c .~~~ 0;..-, (/J 0"\ 'J f-i: "')0 -rJ ',. .~... I.. -R ,-;..... ' ~ , )-. :t; (, ""~ r.:: r.- ~~) .. -, ~, '" ---.1 CXl ~ -. ,- ;-.....