A.
Copies of this chapter shall be available for use
by any person seeking information concerning land development and
subdivision standards and procedures in effect within the Township.
Any prospective developer or subdivider may meet with the Township
Planning Commission to discuss and review tentative plans and any
provisions of this chapter.
B.
Prior to the final plan submission, the prospective
developer must have complied with all planning requirements of the
Pennsylvania Sewage Facilities Act[1] as administered by the Pennsylvania Department of Environmental
Protection. It is suggested that the prospective developer consult
the Township Sewage Enforcement Officer and the York County Office
of the Pennsylvania Department of Environmental Protection as to the
requirements of that Act.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
C.
Prospective developers shall consult the York County
Conservation District representative concerning erosion and sediment
control, wetlands and the effect of geologic conditions on the proposed
development. At the same time, a determination should be made as to
whether or not any flood hazards either exist or will be created as
a result of the subdivision or development. Land that is subject to
flooding shall not be platted for residential occupancy or for any
other use that may endanger health, life, or property. Such land within
a subdivision shall be set aside for such uses as shall not be endangered
by periodic or occasional flooding and shall not produce unsatisfactory
living conditions.
All plans are to be prepared in accordance with
the specifications set forth by the "Professional Engineers Registration
Law" (P.L. 913, No. 367)[1]. All plans shall bear a certification as defined by Article II of this chapter.
[1]
Editor's Note: See now "Engineer, Land Surveyor and Geologist
Registration Law, " 63 P.S. § 148 et seq.
A.
No plans except sketch plans will be considered by
the Planning Commission unless the applicant submits said plans, along
with all required supporting documentation and the required fees to
the Township Secretary not later than the last business day of the
calendar month prior to the next month's regularly scheduled meeting
of the Planning Commission. No application shall be deemed filed unless
all requirements have been met and all fees therefor paid in full.
Incomplete submissions shall not be distributed for review.
B.
The applicant shall submit an application for subdivision
and land development and copies of proposed preliminary plan to the
Township Secretary. If the applicant makes substantial revisions in
his plans after they have been approved in preliminary form, such
revised plans shall be treated as new preliminary plans when resubmitted.
[Amended 11-10-2009 by Ord. No. 2009-3]
C.
The Township Secretary shall receive all fees on behalf
of the Township.
D.
The Township Secretary shall maintain a permanent
log which shall indicate the following:
(1)
The title of the plan.
(2)
The name of the owner or developer of the plan.
(3)
The name of the surveyor or engineer preparing the
plan.
(4)
The name, address, telephone number and relationship
to the owner or developer of the plan of the person filing the plan.
(5)
The date, time and place of the filing.
E.
The applicant shall distribute the required number
of copies to the agencies concerned as provided in submission procedures
as adopted by the Township from time to time and available at the
Township Office.
[Amended 11-10-2009 by Ord. No. 2009-3]
F.
Upon approval of the preliminary plan, the applicant
shall submit a final plan to the Township Secretary and the applicant
shall distribute the required number of copies to the Township agencies
concerned as provided in submission procedures as adopted by the Township
from time to time and available at the Township Office.
[Amended 11-10-2009 by Ord. No. 2009-3]
G.
Mobile home park plans shall be reviewed in the same
manner as subdivision and land development plans.
H.
A copy of the application for subdivision and land
development and accompanying plan(s) shall be forwarded by the applicant
to the County Planning Commission for review and report together with
the County's established fee, which fee shall be paid by the applicant.
[Amended 11-10-2009 by Ord. No. 2009-3]
I.
All approvals of final subdivision and land development plans, and of any preliminary plans which are to be recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, shall be conditional approvals. In addition to any other conditions of approval, such approval shall be conditioned on the developer obtaining the uniform parcel identifier number for each lot to be created by or identified on that subdivision or land development plan. At the time of the conditional approval by the Board of Supervisors, the Chairman, or in his or her absence, the Vice Chairman, shall sign the letter to the Tax Map Office, in a form to be approved by the Board of Supervisors, noting the approval of the plan conditioned on the placement of uniform parcel identifier numbers on the plan. The developer shall then take a notarized copy of the plan, which copy is intended to be recorded in the Office of the Recorder of Deeds, together with the letter executed by the Township, to the Tax Map Office of York County, for the assignment of uniform parcel identifier numbers, which numbers shall be placed on the appropriate table on the plan, as required in § 208-34B(24). After those numbers are assigned, the developer shall return the copy of the plan on which those numbers are originally affixed, together with one identical copy (complete with uniform parcel identifier numbers), and a check made out to the "York County Recorder of Deeds" in the amount determined by the Tax Map Office to be due for the assignment of the uniform parcel identifier numbers, to the Township, after which, upon the meeting of all conditions of the approval, the Board of Supervisors shall sign the plan and cause it to be recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania.
A.
No plan will be considered by the Board of Township
Supervisors for approval or disapproval unless all of the following
have been received:
(1)
Township Planning Commission report;
(2)
County Planning Commission report; and
(3)
Engineer's report.
(4)
No sooner than 30 days nor later than 60 days after
the applicant submits the subdivision or land development plan, the
applicant shall file with the Pennsylvania Department of Transportation
(PennDOT) an application for a highway occupancy permit, if any shall
be required for the particular subdivision or land development, and
shall at the same time submit a complete copy of the highway occupancy
permit application to the Township and the York County Planning Commission.
B.
After receipt of the Township Planning Commission's
recommendations, the Board of Township Supervisors shall:
(1)
Evaluate the applicant's submission and presentation,
the report of the Township Planning Commission and review comments
of the County Planning Commission and Township Engineer and/or Planning
Consultant.
(2)
Determine whether the plan meets the objectives and
requirements of this chapter and other ordinances of the Township.
(3)
Either approve, conditionally approve, or disapprove
the plan.
C.
The Board of Township Supervisors shall render its
decision and communicate it to the applicant not later than 90 days
following the date of the regular meeting of the Board or Planning
Commission (whichever first reviews the application) next following
the date the application was filed. Provided, that should the said
next regular meeting occur more than 30 days following the filing
of the application, the said ninety-day period shall be measured from
the 30th day following the day the application was filed.
(1)
The decision of the Board shall be in writing and
shall be communicated to the applicant personally or mailed to him/her
at his last known address not later than 15 days following the decision.
(2)
When the application is not approved in terms 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 the provisions of this chapter relied upon.
(3)
Failure of the Board of Township Supervisors to render
a decision and communicate it to the applicant within the time and
in the manner required herein shall be deemed an 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.
(4)
The Board of Township Supervisors shall not approve
any plan until the County Planning Commission report is received or
until the expiration of 30 days from the date the application was
forwarded to the county.
D.
In the event that the Board of Township Supervisors
shall approve a plan subject to conditions, the applicant shall indicate,
in writing, his acceptance or rejection of any conditions which may
be imposed. Approval of the plan shall be automatically rescinded
upon the applicant's failure to accept or reject such conditions within
30 days of the date of the Board's written communication of its decision.
E.
Effects of changes in the ordinance.
(1)
From the time an application for approval of a plan,
whether preliminary or final, is duly filed as provided in this chapter,
and while such application is pending approval or disapproval, no
change or amendment of the zoning, subdivision or other governing
ordinance or plan shall affect the decision on such application adversely
to the applicant and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed. In addition,
when a preliminary application has been duly approved, the applicant
shall be entitled to final approval in accordance with the terms of
the approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
(2)
When an application for approval of a plan, whether
preliminary or final, has been approved without conditions or approved
by the applicant's acceptance of conditions, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval.
[Amended 11-10-2009 by Ord. No. 2009-3]
(3)
Where final approval is preceded by preliminary approval,
the aforesaid five-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 governing ordinances or plans as they stood
at the time when the application for such approval was duly filed.
(4)
Where the landowner has substantially completed the
required improvements as depicted upon the final plan within the aforesaid
five-year limit, or any extension thereof as may be granted by the
Board of Township Supervisors no change of municipal ordinance or
plan enacted subsequent to the date of filing of the preliminary plan
shall modify or revoke any aspect of the approved final plan pertaining
to zoning classification or density, lot, building, street or utility
location.
(5)
In the case of a preliminary plan calling for the
installation of improvements beyond the five-year period, a schedule
shall be filed by the landowner with the preliminary plan delineating
all proposed phases as well as deadlines within which applications
for final plan approval of each phase are intended to be filed. Such
schedule shall be updated annually by the applicant on or before the
anniversary of the preliminary plan approval, until final plan approval
of the final phase has been granted and any modification in the aforesaid
schedule shall be subject to approval of the Board of Township Supervisors
in its discretion.
(6)
Each phase in any residential subdivision or land
development, except for the last phase shall contain a minimum of
25% of the total number of dwelling units as depicted on the preliminary
plan, unless a lesser percentage is approved by the Board of Township
Supervisors in its discretion. Provided the landowner has not defaulted
with regard to or violated any of the conditions of the preliminary
plan approval, including compliance with landowner's aforesaid schedule
of submission of final plans for the various phases, then the aforesaid
protections afforded by substantially completing the improvements
depicted upon the final plan within five years shall apply and for
any phase or phases, beyond the initial phase, in which the required
improvements have not been substantially completed within said five-year
period the aforesaid protections shall apply for an additional term
or terms of three years from the date of final plan approval for each
phase.
(7)
Failure of landowner to adhere to the aforesaid schedule
of submission of final plans for the various phases shall subject
any such phase to any and all changes in zoning, subdivision and other
governing ordinance enacted by the Township subsequent to the date
of the initial preliminary plan submission.
F.
Before acting on an application, the Board of Township
Supervisors may hold a public hearing thereon after public notice.
G.
Expiration of preliminary plan approval. Preliminary
plan approval shall expire upon the expiration of five years after
being granted.
H.
Effect of preliminary plan approval. Approval of the
preliminary plan constitutes approval of the proposed subdivision
or land development in respect to general design, the approximate
dimensions and other planned features. Preliminary plan approval binds
the applicant to the general scheme of the plan as approved and permits
the applicant to begin preparation of the final plan. Preliminary
plan approval does not authorize the recording, sale or transfer of
lots.
A.
Any subdivision or land development which contains
no more than four lots or prospective occupants, may be reviewed and
acted upon as a final plan without the necessity of a prior preliminary
plan approval. Such determination shall be made by the Board of Township
Supervisors after receipt of a written request for waiver of the requirement
for a preliminary plan and upon recommendation of the Township Planning
Commission based upon the following considerations:
(1)
The proposed subdivision or land development does
not involve site and related improvements to the extent that a detailed
review by the Township necessitates initial processing as a preliminary
plan.
(2)
The tract of land has frontage on a public street
of sufficient width.
(3)
The proposed subdivision or land development complies
with the applicable provisions of this chapter.
B.
After one minor subdivision has taken place within
any given tract, the applicant shall be required to submit a complete
preliminary plan for the entire tract on the next subsequent application,
unless the size, frequency and interrelationship of the prior subdivision
clearly does not warrant such as determined by the Board of Township
Supervisors.
C.
Proof shall be provided to the Board of Township Supervisors
in a form satisfactory to them evidencing the issuance by PennDOT
of a highway occupancy permit if required for the subdivision or land
development before the Board of Township Supervisors.
A parcel of land may be added to an existing
recorded lot for the sole purpose of increasing the lot size, provided
that:
A.
The parcel to be added must be contiguous to the existing
lot and must maintain or improve the overall straightness of lot lines.
B.
The plan prepared for the addition of this parcel
shall follow the procedures outlined in this chapter except that a
preliminary plan need not be filed.
C.
The owner shall specify on the plan that the parcel
is for the sole purpose of enlarging an existing lot and shall be
merged into the existing recorded lot. The combined tracts shall then
be treated as one lot for all purposes under this and all other ordinances
of East Manchester Township, existing or future.
Any replatting or resubdivision, including changes
to a recorded plan, shall be considered as a new application, and
shall comply with all requirements of this chapter.
A.
The Board of Township Supervisors shall set fees,
payable in advance, for review of plans. Such review fees may include
reasonable and necessary charges by the Township's professional consultants
or engineer for review and report thereon to the Township. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Township engineer or consultants for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the engineer or consultant to the Township when fees
are not reimbursed or otherwise imposed on applicants. Such fees shall
be based upon a schedule adopted by resolution of the Board of Township
Supervisors upon enactment of this chapter, or as such schedule may
be amended. A copy of said fee schedule shall be available for review
at the Township office.
B.
All fees and other charges shall be paid by the subdivider
or developer to the Township Secretary. Payment shall be by check
or money order made payable to East Manchester Township except that
the requisite fee for County Planning Commission review shall be made
payable to York County. All fees and other charges shall be due and
payable at the time of invoice. Invoices that are more than 20 days
past due shall be assessed interest at the annual rate of 10%. The
Township shall be entitled to take any action allowed at law to enforce
past due payments, including the assertion of a municipal lien against
the property. The Township shall be entitled to all costs, including
reasonable attorneys' fees, in the collection of any past due payments.
[Amended 11-10-2009 by Ord. No. 2009-3]
C.
Filing fee. A filing fee shall accompany all preliminary
and final subdivision and land development plans. No application shall
be accepted by the Township Secretary or acted upon unless payment
is made to the Township. The Board of Supervisors shall by resolution
create a schedule of fees to defray the cost of administering and
processing plans. The schedule of fees may be changed from time to
time by resolution of the Board of Supervisors.
D.
Other costs. In addition to the requisite filing fees,
the subdivider or developer shall reimburse the Township for the following
costs:
(1)
Plan and associated document review by the Township
Engineer and/or Planner and the Township Solicitor.
(2)
Any
public hearing required by the Board of Supervisors.
(4)
Site
and layout inspection.
(5)
Preparing
or reviewing cost estimates of required improvements, review of requests
for reduction of a performance or maintenance guaranty bond or other
security agreement upon partial or total completion of required improvements,
or determination of required amounts of performance or maintenance
guaranty bond or other security agreement.
(6)
Inspecting
required improvements during installation.
(7)
Final
inspection on completion of installation of improvements.
(8)
The costs of all traffic studies and street signs, and the labor
to install all street signs and traffic control signs on streets to
be constructed by the subdivider or developer, which are dedicated
to and/or intended to be adopted by the Township. All street signs
and traffic control signs shall be installed by the Township.
[Amended 12-9-2014 by Ord. No. 2014-6]
E.
An applicant by filing for a subdivision or land development
plan approval shall then be obligated to pay all costs hereinabove
provided. Payment of such costs shall be promptly submitted to the
Township Zoning Officer by the applicant upon submission of bills
therefore from time to time.
F.
No final subdivision or land development plan shall
be approved by the Board of Supervisors, and no building permit or
other permit required by this chapter or any other Township ordinance,
code or regulation shall be issued by the Township Zoning Officer
until all such fees and costs have been paid in full by the applicant.
[Amended 11-10-2009 by Ord. No. 2009-3]
A.
In the event the applicant disputes the amount of
any such review fees, the applicant shall, no later than 45 days after
the date of transmittal of the bill to the applicant, pay the undisputed
amount and notify the Township and the Township’s professional
consultant that such fees are disputed and shall explain the basis
of their objections to the fees charged, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's dispute over fees. Failure of the applicant
to dispute a bill within 45 days shall be a waiver of the applicant’s
right to arbitration of that bill under 53 P.S. § 10510(g).
B.
In the event that the Township’s professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution as set forth in § 208-73, provided that the arbitrator resolving such dispute shall be of the same profession as the professional consultant whose fees are being disputed.
The Township may offer a mediation option as an aid in completing proceedings required by this article. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in Article XI of this chapter.
A.
No plan which will require access to a highway under
the jurisdiction of the Pennsylvania Department of Transportation
(PennDOT) shall be finally approved unless the plan contains a notice
that a highway occupancy permit is required pursuant to Section 420
of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State
Highway Law,"[1] before driveway access to a state highway is permitted.
[1]
Editor's Note: See 36 P.S. § 670-101 et seq.
B.
The Department shall, within 60 days of the date of
receipt of an application for a highway occupancy permit:
(1)
Approve the permit, which shall be valid thereafter
unless, prior to commencement of construction thereunder, the geographic,
physical or other conditions under which the permit is approved change,
requiring modification or denial of the permit, in which event the
Department shall give notice thereof in accordance with regulations;
(2)
Deny the permit;
(3)
Return the application for additional information
or correction to conform with Department regulations; or
(4)
Determine that no permit is required in which case
the Department shall notify the Township and the applicant in writing.
C.
If the Department shall fail to take any action within
the sixty-day period, the permit will be deemed to be issued.
D.
The plan shall be marked to indicate that access to
the state highway shall be only as authorized by a highway occupancy
permit.
E.
Neither the Department nor any municipality to which
permit-issuing authority has been delegated under the "State Highway
Law" shall be liable in damages for any injury to persons or property
arising out of the issuance or denial of a driveway permit, or for
failure to regulate any driveway. Furthermore, the Township shall
not be held liable for damages to persons or property arising out
of the issuance or denial of a driveway permit by the Department.
