[Ord. 2002-02, 2/7/2002]
This chapter shall be known as "The Manheim Township Subdivision,
Land Development and Stormwater Management Ordinance of 2002."
[Ord. 2002-02, 2/7/2002]
This Subdivision, Land Development and Stormwater Management
Ordinance is adopted for the following purposes:
A.
To promote and protect the public health, safety, morals and welfare.
B.
To promote orderly, efficient, integrated and harmonious development
in the Township.
C.
To ensure conformance of subdivision and land development plans with the Manheim Township Comprehensive Plan, the Manheim Township Zoning Ordinance [Chapter 27], and public improvements plans and to ensure coordination of intergovernmental improvement plans and programs.
D.
To accommodate the Township's "fair share" of growth within
York County by encouraging such growth to occur within the Rural Residential
and General Commerce Zones and to encourage efficient and dense development
within the Village Zone.
E.
To protect sensitive and important natural features (e.g., floodplains,
wetlands, prime farmlands, unique geologic features, steep slopes,
woodlands, gamelands, wildlife habitats, etc.) from indiscriminate
development.
F.
To coordinate proposed streets and other improvements with existing
or proposed streets, parks or other features of the comprehensive
plan and to provide for drainage, water supply, sewage disposal and
other appropriate utility services.
G.
To require sites for building purposes and human habitation to be
suitably improved for their intended use and to minimize the peril
from fire, flood, erosion, excessive noise, smoke or other menace.
H.
To encourage preservation of adequate open spaces for recreation,
light, air and maintenance of the natural amenities characteristic
of the Township and its residential, commercial, agricultural, industrial
and public areas.
I.
To secure equitable treatment of all subdivision and land development
plans by providing uniform procedures and standards.
J.
To ensure that developments are environmentally sound by requiring
preservation of the natural features of the areas to be developed
to the greatest extent practicable.
K.
To maintain the economic well being of the Township and to prevent
unnecessary or undesirable blight, runoff and pollution.
L.
To secure the protection of water resources and drainageways.
M.
To establish provisions governing the standards by which streets
shall be designed and improved, and by which walkways, curbs, gutters,
streetlights, fire hydrants, water and sewage facilities and other
improvements shall be installed as a condition precedent to final
approval of plans.
[Ord. 2002-02, 2/7/2002]
1.
The Board of Supervisors of Manheim Township, pursuant to the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S.
§ 10101 et seq., and pursuant to the Storm Water Management
Act, Act 167 of October 4, 1978, P.L. 864, 32 P.S. § 680.1
et seq., as amended, and Act 166, the Floodplain Management Act, as
amended, hereby enacts and ordains the following chapter governing
subdivisions, land developments and regulated activities as defined
herein, within the limits of Manheim Township.
2.
No land development or subdivision of any lot, tract or parcel of
land shall be made, and no street, sanitary sewer, storm sewer, water
main or other improvements in connection therewith shall be laid out,
constructed, opened or dedicated for public use or travel, or for
the common use of occupants of buildings abutting thereon, except
in accordance with the provisions of this chapter.
3.
The authority for the control and regulation of subdivision and land
development within the Township shall be as follows:
A.
The Manheim Township Board of Supervisors shall be vested with the
authority to approve or disapprove all subdivision and land development
plans.
B.
Plans for subdivision and land development shall be submitted to
the Manheim Township Planning Commission for their review. The Planning
Commission will provide the Board of Supervisors with a recommendation
for plan approval, disapproval or conditional approval. Said submission
shall take place before approval of any plans by the Township Supervisors.
If a report is not received from the Manheim Township Planning Commission
within 30 days after submission, the Board of Supervisors may proceed
without the report.
C.
Plans for subdivision and land development located within Manheim
Township shall be submitted to the York County Planning Commission
for review and report. Said submission shall take place before approval
of any plans by the Township. However, if a report is not received
from the York County Planning Commission within 45 days after submission,
the Board of Supervisors may proceed without the report.
4.
In addition to all other requirements of this chapter, the following
regulated activities further defined as major or minor land disturbance
activities, shall require the submittal of a Stormwater Management
Plan in accordance with §§ 309, 408, and 510 of this
chapter, as amended:
A.
Major Land Disturbance Activity.
(1)
Any use requiring the submission of a subdivision or land development
plan as herein defined;
(2)
Any land disturbance not defined as a minor land disturbance
activity or deemed to qualify as a minor land disturbance activity
by the Township.
(3)
Any use involving the diversion or piping of any natural or
man-made watercourse or existing drainage pattern.
(4)
Any use involving the installation of ground cover, grading,
filling, excavation or disturbance of woodland in excess of one acre
except for the use of land for agricultural plowing and tilling and
the science of forestry when operated in accordance with approved
conservation and erosion control practices.
B.
Minor Land Disturbance Activity.
(1)
The use of land on an existing lot of record, including subdivided
lots or land developments approved under a major land disturbance
activity, provided that:
(a)
The use is not within a floodplain area.
(b)
No diversion or piping of any natural or man-made watercourse
or existing drainage pattern is involved.
(c)
A residential use that does not involve the construction of
a building or building addition, or other DIA in excess of 1,200 square
feet, or involve the removal of ground cover, grading, filling, or
excavation of more than one acre.
[Amended by Ord. 2012-1, 10/15/2012]
(d)
A nonresidential use that does not involve the construction
of a building or building addition, or other DIA in excess of 1,500
square feet, or involve the removal of ground cover, filling, or excavation
of more than one acre.
[Amended by Ord. 2012-1, 10/15/2012]
(e)
The use does not require the submission of a subdivision or
land development plan as herein defined.
(2)
Any use of the land, which in the opinion of the Township, represents
minimal ground disturbance or impact to the environment.
5.
Except as specifically provided by the Pennsylvania Storm Water Management
Act of October 4, 1978, P.L. 864, Act No. 167, as amended, 32 P.S.
§ 608.1 et seq., the making of any administrative decision
by the Township or any of its officials or employees shall not constitute
a representation, guarantee or warranty of any kind of the Township
of the practicability or safety of any proposed structure of use with
respect to damage from erosion, sedimentation, stormwater runoff,
flood or any other matter, and shall create no liability upon or give
rise to any cause of action against the Township and its officials
and employees. The Board of Supervisors, by enacting and amending
this chapter, does not waive or limit any immunity granted to the
Township and its officials and employees by the Governmental Immunity
Act, 42 Pa.C.S.A. § 8541 et seq., and does not assume any
liabilities or obligations.
[Ord. 2002-02, 2/7/2002]
It is not intended by this chapter to repeal, abrogate, annul
or interfere with any existing ordinances or enactment, or with any
rule, regulation or permit adopted or issued thereunder, except insofar
as the same may be inconsistent or in conflict with any of the provisions
of this chapter, provided that where this chapter imposes greater
restrictions upon the use of buildings or land, or upon the height
and bulk of buildings, or prescribed larger open spaces than are required
by the provisions of other such ordinance, enactment, rule, regulation
or permit, then the provisions of this chapter shall control. Furthermore,
if a discrepancy exists between any regulations contained within this
chapter, that regulation which imposes the greater restriction shall
apply.
