A. 
Final plan application for the entire project shall be submitted within five years after the Board of Commissioners has approved the preliminary plan application. Final plan applications may either be submitted in sections, each section covering a portion of the entire development shown on the preliminary plan application if the relationship of the part to the whole is clearly shown, or the final plan can be for the entire project.
B. 
Unless an extension of time has been granted by the Board of Commissioners upon written request, a final plan application submitted after the five-year period shall be considered a new preliminary plan and shall be required to comply with the plan application requirements listed in Article V, Preliminary Plans.
C. 
The final plan application shall conform in all important respects with the preliminary plan application previously approved by the Township and shall incorporate modifications and revisions specified by the Board of Commissioners in its conditional approval of the preliminary plan application. If the final plan does not so conform, the developer may in a written request have the application be considered as a revised preliminary plan application, in which case it shall be required to comply with the plan application requirements listed in Article V, Preliminary Plans.
D. 
Eight copies of the final plan application, including the final plan, all supporting information required in § 440-18 of this chapter, and an 11-inch by 17-inch copy of the site plan and a filing fee shall be submitted to the Planning Commission staff. The Planning Commission staff shall submit all applications to the Planning Commission and Township Engineer for their review and recommendations to the Board of Commissioners.
(1) 
In the event the applicant disputes the amount of any such review fees, the applicant shall within 10 days of the billing date, notify Manheim Township that such fees are disputed, in which case the Township shall not delay or disapprove an applicant's request over disputed fees.
(2) 
In the event that Manheim Township and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and Manheim Township shall follow the procedure for dispute resolution set forth in Section 503 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10503.
E. 
A final plan application shall be accompanied by all required plans and documents and the required filing fee. The Planning Commission staff shall have seven days from the date of submission of an application to check the plans and documents to determine if on their face they are in proper form and contain all the information required by this chapter, thereby establishing the official filing date, or incomplete and rejected. Within said time, the Township shall notify the applicant in writing that the final plan application is essentially complete and accepted including the official filing date and date of review the Planning Commission, if applicable, or that the final application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant can reapply, submitting the fee and missing material at any time.
F. 
Failure of the Township to make a determination of acceptance/rejection shall result in deemed acceptance of the final plan application for processing. However, deemed acceptance for processing shall not constitute a waiver of any deficiencies in the final plan application or approval of the final plan application.
G. 
In addition to submitting the required material in accordance with Subsection D of this section, the applicant shall file with the Lancaster County Planning Commission, the required number of copies of plans and supporting information, including a filing fee, as determined by the County. The Board of Commissioners will not approve the final plan application until the Board receives County review comments or until the expiration of 30 days from the date the application was forwarded to the County.
H. 
In general, the Planning Commission will schedule the final plan application for the action at its first regular meeting which is at least 21 calendar days following the filing of the application by the applicant. The Township Engineer shall also submit his report to the Planning Commission for action at the meeting scheduled by the Planning Commission to review that particular application.
I. 
The Planning Commission will discuss the final plan application with the applicant or his agent at its regular meeting and will review the application to determine if it meets the standards set forth in this chapter. The final plan application shall be submitted by the Planning Commission, together with its analysis and recommendations, to the Board of Commissioners for consideration.
J. 
Any Act or recommendation of the Planning Commission which involves engineering consideration may be subject to review and comment by the Township Engineer, whose comments shall be incorporated and separately set forth with analysis and recommendations of the Planning Commission to the Board of Commissioners.
K. 
All applications for approval of a plan shall be acted upon by the Board of Commissioners which shall render its decision and communicate it to the applicant within the time periods specified in § 440-15J of this chapter. The decision shall be communicated to the applicant in the same manner as directed in § 440-15J.
L. 
Multiple applications. The resources of the Township and the orderly administration of this chapter are unduly burdened by multiple and conflicting applications. Therefore, the same applicant may not submit multiple applications for approval of a subdivision or land development plan for the same property or a portion thereof involving the same land use. If an applicant desires to submit a new application, then the applicant must withdraw in writing any pending applications. In the event the applicant fails or refuses to withdraw any pending applications, the Board of Commissioners may deny the new application due non-compliance with this section.
A. 
The copies of all plans submitted with the application for final plan approval can be either black and white or blue and white prints, however, the final plan to be submitted for signatures and subsequent recording (two required) shall either be drawn with India ink on tracing cloth or be a transparent reproduction of the final plan with black line on cloth or stable plastic base film. The sheet size for final plans shall not be larger than 24 inches by 36 inches.
B. 
The final plan shall be at a scale of 20 feet, 30 feet, 40 feet, or 50 feet to the inch. If the final plan is drawn in two or more sections, a key map showing the locations of the several sections shall be placed on each sheet. The plan shall show the following information and shall conform to any other specifications, documents, codes or regulations adopted by the Township Commissioners:
(1) 
Name or identifying title of the subdivision or land development and the location in the Township and any other municipality.
(2) 
Name and address of the landowner of the tract and of the developer.
(3) 
North point, written scale, graphic scale, plan date and the date of all revisions to the plan.
(4) 
. Block and lot numbers in consecutive order; lot areas for each lot with the area being calculated to the existing and/or proposed right-of-way.
(5) 
A list of site data including: minimum lot area or average area per dwelling unit; total number of lots or dwelling units; total acreage of the development; density in units per acre or lots per acre; zoning district; and proposed use of land.
(6) 
Source of title to the land of the subdivision or land development as shown upon the records of the Lancaster County Recorder of Deeds.
(7) 
Tax assessment map number, block number, and the lot number.
(8) 
Names of the owners of all adjoining undeveloped land, and the names of all existing developments immediately adjacent to the property.
(9) 
A location map of the development at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all streets and municipal boundaries existing within 1,000 feet of any part of the property proposed to be subdivided or developed.
(10) 
. Lot lines with accurate bearings and distances. Distances shall be to the nearest 100th of a foot, and shall exclude areas within any existing or proposed street right-of-way.
(11) 
Pedestrian ways, including all sidewalks, crosswalks, walkways, bikeways and pedestrian rights-of-way to be used for general public use.
(12) 
Accurate dimensions of existing public land and of any property to be dedicated or reserved for public, semi-public, or community use along with exact content of street construction and dedication; all areas to which title is reserved by owner.
(13) 
Accurate boundary lines, with dimensions and bearings, which provide a survey of the tract, closing with an error of not more than one foot in 10,000 feet.
(14) 
Approximate distances to the intersection of the center lines of the nearest established street intersection.
(15) 
Accurate locations of all existing and recorded streets intersecting and/or adjoining the boundaries of the tract.
(16) 
Complete curve data for all street center line and street right-of-way line curves included in the plan, including radius, delta angle, tangent, arc, and chord bearing and distance. Curve segments included in lot descriptions shall be comprised of arc and chord bearing and distances. At street intersections, tangent distance shall be included.
(17) 
Street center lines and street right-of-way lines with accurate dimensions in feet and hundredths of feet, with bearing of such street lines.
(18) 
Street names.
(19) 
Location and material of all permanent monuments and lot markers including a note that all monuments and lot markers are set or indicating when they will be set.
(20) 
Easements for utilities and any limitations on easements.
(21) 
Building setback lines not less than the greater of:
(a) 
The minimum setback lines fixed by Chapter 500, Zoning, of this Code;
(b) 
Any setback lines required under the provisions of this chapter;
(c) 
Any setback lines required by other public authority or utility provider;
(d) 
Any setback lines which the developer intends to provide by deed restriction.
(22) 
Clear sight triangles at all street intersections.
(23) 
Typical street cross-sections for each proposed street shown on the final plan and for each existing street which will be improved as part of the application.
(24) 
Location of all buildings, private streets, and parking compounds on land development plans.
(25) 
The following notes shall be shown on the plan where applicable:
(a) 
A note indicating the type of sewer and water facilities to be provided for the development.
(b) 
A note to be placed on the plan indicating any area, park, improvements, plantings, street or alley that is not to be offered for dedication, and referring to any deed restrictions or agreement of upkeep or maintenance which shall be included in the deed or deeds of such area and recorded with Lancaster County Recorder of Deeds.
(c) 
A note indicating the Township is not responsible for construction or maintenance of any area, park, improvement, plantings, street or alley not dedicated for public use.
(d) 
A note indicating that the proper number of parking spaces, as required by Chapter 500, Zoning, of this Code, shall be located on each lot.
(e) 
In the case of a plan which requires access to a highway under the jurisdiction of the Pennsylvania Department of Transportation, the inclusion of the following plan note: "A Highway Occupancy Permit is required pursuant to Section 420 of the Act of June 1, 1945 before driveway access to a State Highway is permitted (P.L. 1242, No. 428), known as the "State Highway Law." access to the State Highway shall only be as authorized by the Highway Occupancy Permit, and the Board of Commissioners' approval of this plan in no way implies that such permit can be acquired. The Township upon approving the building permit requested 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.
(26) 
The following certificates shall be shown on the plan:
(a) 
On subdivision and land development plans, a certification with seal and signature of the registered professional land surveyor to the effect that the survey is correct, and a certification with seal and signature of an individual registered in the Commonwealth of Pennsylvania and qualified to make such certification to the effect that the plan is correct. See forms of certificate in the Appendix.
(b) 
A statement, duly acknowledged before an officer authorized to take acknowledgement of deeds and signed by the landowner of the property, to the effect that the subdivision or land development shown on the final plan is the Act and deed of the landowner, that he/she is the owner of the property shown on the survey and plan, and that he/she desires the same to be recorded as such. Said statement shall be dated following the last change or revision to the final plan. See form of certificate in the Appendix.
(c) 
Certificate of dedication of streets, improvements and other public property to the Township or other appropriate municipal or governmental authority. See form of certificate in the Appendix.[1]
[1]
Editor's Note: Said Appendix is included as an attachment to this chapter.
(d) 
Certificate for approval by the Board of Commissioners. See form of certificate in the Appendix.
(e) 
Certificate for review by the Planning Commission. See form of certificate in the Appendix.
(f) 
Certificate for review by the Township Engineer as required by the Board of Commissioners. See form of certificate in the Appendix.
(g) 
Certificate acknowledging that the plan has been reviewed by the Lancaster County Planning Commission. See form of certificate in the Appendix.
(h) 
A certificate to accommodate the recording information affixed by the Lancaster County Recorder of Deeds. See form of certificate in the Appendix.
C. 
The application for final plan approval shall contain the following supporting information:
(1) 
A final Lancaster County Planning Commission Appendix 24 Application for Consideration of subdivision and/or land development plan.
(2) 
. Final plans, profiles and cross sections for street improvements, sanitary sewerage facilities, stormwater management facilities, and water distribution systems.
(3) 
Restrictions of all types which will run with the land and become covenants in the deeds of lands shown on the plans, which may be subject to the approval of the Township Commissioners.
(4) 
All covenants running with the land governing the reservation and maintenance of dedicated or undedicated land or open space, which may be subject to the approval of the Township Commissioners.
(5) 
Where lot sizes or number of dwelling units are based on public water and/or public sewer facilities, assurance acceptable to the Board of Commissioners that such facilities will be installed.
(6) 
A grading plan, showing existing grades and proposed finished grades on the site.
(7) 
For plans which include landscaping as required by Chapter 500, Zoning, of this Manheim Township Code, a landscaping plan prepared by a certified landscape architect. Such plans shall show the location, size and type of all plant material to be installed on the site and existing plant material to remain.
(8) 
A stormwater management plan, including stormwater runoff calculations for pre-development and post-development conditions as specified by Chapter 432, Stormwater Management, of this Manheim Township Code.
(9) 
An erosion and sedimentation control plan that conforms to the requirements of the Pennsylvania Department of Environmental Protection.
(10) 
A dedication plan, showing existing public land and property to be dedicated or reserved for public use, streets, rights-of-way, sanitary sewer and easements. The nature of the form dedication shall be noted as fee simple or an easement.
(11) 
Such certificates or letters of approval by proper authorities including certificates approving the water supply system and sanitary sewer system of the subdivision or land development. (See §§ 440-35 and 440-36 for specific requirements.)
(12) 
A plan, approved by the proper utility company, showing the location and type of street lights to be installed, if applicable.
(13) 
A properly executed Pennsylvania Department of Environmental Protection Planning Module for land development.
(14) 
For development plans which include construction of public sewer extensions, pump stations, force mains or other similar facilities, a properly executed permit from the Pennsylvania Department of Environmental Protection or Sewer Extension Permit where applicable.
(15) 
Plans which front on State Highways shall have a properly executed Highway Occupancy Permit from the Pennsylvania Department of Transportation.
(16) 
A check or money order drawn to the Township in the amount as specified on the fee schedule, as may be amended from time to time, adopted by resolution of the Board of Commissioners.
(17) 
If a public recreation site is not dedicated or private recreation site is not acceptable to the Township, a check or money order for the fee in lieu of dedication of recreation land drawn to the Township in an amount representing the fair market value of the land required to be dedicated, as approved by the Board of Commissioners.
(18) 
Agreements signed by owners of off-site properties are required for easements and rights-of-way.
(19) 
If the proposed project will require the relocation of existing utility facilities, the applicant shall provide a utility facility relocation plan. Such plan shall identify, by name and address, all utilities affected, indicate existing and proposed facility locations and include the signature of utility officials authorized to approve the relocation plan.
(20) 
Certified copies of all permits and approvals by applicable federal and state laws and county codes and regulations.
A. 
No development shall be considered in compliance with this chapter until the streets, street signs, sidewalks and curbs, storm drainage facilities, sanitary sewer facilities, water supply facilities, fire hydrants, street lights, shade trees, buffer and screen plantings, recreational facilities, open space improvements, lot line markers, survey monuments, and other improvements and common amenities have been installed in accordance with this chapter and the approved final plan.
B. 
No final plan shall be unconditionally approved and executed on behalf of this Township for recording in the Office of the Lancaster County Recorder of Deeds unless:
(1) 
All improvements required by this chapter have been installed in accordance with the conditionally approved final plan; or
(2) 
Financial security in accordance with this § 440-19 and the Municipalities Planning Code is accepted by the Township and the authority.
C. 
The posting and administration of financial security to guarantee the completion of required improvements and common amenities shall comply with the provisions of this article, the Municipalities Planning Code[1] and other applicable laws of the Commonwealth.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
All financial security shall be prepared by the developer in the form required by the Township and by the authority and in a form and content acceptable to the Solicitor for the Township and authority. The amount of the security shall be calculated in accordance with Article V of the Municipalities Planning Code.[2] The security shall ensure completion of all improvements within a time period as may be determined by the Township. The following are acceptable forms of security. All other forms of security shall be individually approved by the Township and authority.
(1) 
Letter of credit. A letter of credit provided by the developer form a financial institution or other reputable institution subject to the approval of the Township and authority. This letter shall be deposited with the Township and the authority and shall certify the following:
(a) 
That the creditor does guarantee funds in an amount equal to 110% of the cost of completing all required improvements.
(b) 
In case of failure on the part of the developer to complete the specified improvements within the required time period or notification by the financial institution that the letter of credit will not be renewed, the creditor shall pay to the Township or authority immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.
(c) 
The letter of credit may not be withdrawn, or reduced in amount, until released by the Township or authority.
(2) 
Surety performance bond. A security bond from a surety bonding company authorized to do business in the Commonwealth of Pennsylvania. The bond shall be payable and in a form acceptable to the Township and/or the authority.
(3) 
Escrow account. A deposit of cash with the Township and/or authority or in escrow with a financial institution. The use of a financial institution for establishing an escrow account shall be subject to approval by the Township and the authority. In the case of an escrow account, the developer shall file with the Township and the authority an agreement between the financial institution and himself guaranteeing the following:
(a) 
That the funds of said escrow account shall be held in trust until released by the Township or authority, as appropriate, and may not be used or pledged by the developer as security in any other manner during that period.
(b) 
In the case of a failure on the part of the developer to complete said improvements, then the institution shall immediately make the funds in said account available to the Township or authority for use in the completion of those improvements.
[2]
Editor's Note: See 53 P.S. §§ 10501 to § 10516.
E. 
Facilities dedicated to a utility.
(1) 
If facilities are to be dedicated to a utility, the developer shall provide one of the following:
(a) 
Evidence that financial security in an amount sufficient to secure completion of all sewer and/or water facilities to be dedicated to such utility has been provided to and accepted by such utility; or
(b) 
Evidence that the developer has requested the utility to accept financial security in an amount sufficient to secure completion of all sewer and/or water facilities to be dedicated to such utility and that such utility has declined to accept the financial security. If the utility refuses to accept the financial security, the developer shall post financial security to secure completion of the sewer and/or water facilities to be dedicated with the Township; or
(c) 
Evidence that the utility has previously notified the Township that such utility desires for the Township to hold financial security for all extensions of its sewer and/or water facilities, in which case the developer shall post financial security to secure completion of the sewer and/or water facilities to be dedicated to the utility with the Township.
(2) 
If the Township accepts the financial security for sewer and/or water facilities under this Subsection, the inspection of required improvements and release of financial security shall be in accordance with this section.
F. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Commissioners to authorize the release of such portions of the financial security associated with the completed improvements requests for the partial release of financial security as the work of installing the required improvements proceeds shall be made and governed by Section 509 of the Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10509.
G. 
At such time that the developer has completed and installed the required improvements, the Board of Commissioners shall consider the developer's request for a release from the improvement guarantee in accordance with the procedure set forth in Section 510 of the Municipalities Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10510.
H. 
In the event that any improvements which are required by this chapter have not been installed as provided in this chapter or in accord with the approved final plan, the Township may enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Commissioners may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements.
A. 
Within 90 days after approval of a final plan by the Board of Commissioners, the plan shall be filed for recording by the developer with the Lancaster County Recorder of Deeds. Should the plan not be recorded within such period, the action of the Board of Commissioners shall become null and void. The final plan to be recorded shall be an exact copy of the approved final plan prepared in accordance with the provisions of this chapter and shall bear the signatures of the representatives of the Board of Commissioners, the Township Planning Commission and the Lancaster County Planning Commission. The final plan shall be filed with Lancaster County Recorder of Deeds before proceeding with the sale of lots, construction of buildings or grading of site (except for improvements constructed in accordance with § 440-19A of this chapter).
B. 
Recording of the final plan after approval of the Board of Commissioners shall have the effect of an irrevocable offer to dedicate to the public use, all streets, sanitary sewer systems and extensions (other than private lot force lateral systems, as described in § 440-35G of this chapter), storm drainage systems (other than stormwater retention basins which shall not be dedicated unless so elected upon by the Township, notation of nondedication to be placed upon the final plan), water main extensions and systems, other required improvements, neighborhood parks, and other public areas shown thereon, unless reserved by the developer as provided in § 440-20D of this chapter with respect to streets, parks and certain areas. The approval of the Board of Commissioners shall not impose any duty upon the Township concerning maintenance or improvement of any such dedicated streets, improvements or public areas until the Board of Commissioners shall have accepted the same by ordinance or resolution. Nothing in this section shall imply that the Board of Commissioners is bound to accept a street, park, or other improvement if all conditions are in compliance as required herein. Until accepted by the Board of Commissioners, all streets, parks or other improvements shall be deemed to the private.
C. 
At the time the developer requests that the improvements be accepted by the Board of Commissioners, the developer shall file with the Township, one complete set of "as built" drawings of all required improvements. These "as built" drawings shall be at a scale of 40 feet to the inch.
D. 
If certain areas, parks, streets, or alleys are proposed to remain in private ownership, the developer shall place a notation on the final plan to effect that there is no offer of dedication to the public of such designated areas, parks, streets or alleys, in which event, the title to and obligation to maintain such areas shall remain with the landowner, and the Board of Commissioners shall assume no responsibility for improvements or maintenance thereof, which fact shall be noted on the final plan.
E. 
No building permit shall be issued to authorize development shown on any approved plan, unless and until one copy of the reproducible Mylar with all required signatures is filed with the County Recorder of Deeds, and two complete sets of printed copies with the Township.
F. 
In addition to the plan prepared for recording, the applicant shall submit a computer-readable file in the form specified by the Township which shall provide a complete display of the entire final plan including all information contained on the finally approved plan. The computer readable file shall be submitted at the same time that the plan is submitted for recording.
Plans for lot additions and/or plan revisions shall be prepared in accordance with the requirements for preliminary and final plan preparation, whichever is applicable. The plan shall show bearings and distances of the tract and, if a final plan, the applicable certificates required for a final plan approval and recording. In addition, the plan shall show the applicable items of information and the applicant shall submit the supporting data as required by the provisions of this chapter pertaining to preliminary and final plans.