This chapter shall be known and may be cited as the "West Manheim
Township Subdivision and Land Development Ordinance."
The purpose of this chapter is to:
A.
Ensure that existing and future populations are afforded a high level
of public services.
B.
Stimulate more investment of private funds in the rehabilitation
and reuse of existing properties and in the responsible development
of vacant land within the growth area.
C.
Slow the amount of housing development accruing within the Township
while maintaining safe and affordable housing opportunities for all
age and income groups.
D.
Protect the special rural character of the Township while providing
appropriate areas for nonresidential growth to occur.
E.
Coordinate planning efforts within the Township to be consistent
with the Comprehensive Plan and work together with adjacent municipalities
and York County to address regional goals and needs.
F.
Ensure that the important resources and features of the Township
are preserved and enhanced.
G.
Preserve, maintain and enhance the existing rural character of West
Manheim Township.
H.
Promote and support a transportation infrastructure that will facilitate
the movement of traffic, bicycles, and pedestrians through and within
West Manheim Township.
The authority for the control and regulation of subdivision
and land development within the Township shall be as follows:
A.
Approval by the Township Board of Supervisors. The West Manheim Township
Board of Supervisors, herein referred to as the "Board of Supervisors,"
shall be vested with the authority to approve, disapprove, or conditionally
approve all subdivision and land development plans as required herein
for the Township of West Manheim.
B.
Review by the Township Planning Commission. The West Manheim Township
Planning Commission, hereinafter referred to as the "Planning Commission,"
shall review and make recommendations on subdivision and land development
plans as required herein.
C.
Review by the County Planning Commission. Plans for subdivision and
land development located within West 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 County Planning Commission
within 30 days after submission, the Township may proceed without
the report.
D.
The standards and requirements contained in this chapter shall apply as minimum standards for subdivisions and land developments located with West Manheim Township. However, when the Township, in Chapter 270, Zoning, of the Code of the Township of West Manheim or in its building code, road ordinance, or other ordinance, code, resolution, or regulation other than this chapter, imposes more restrictive standards and requirements than contained herein, such other standards and requirements shall prevail. These other Township standards and requirements shall be subject to enforcement by the agency assigned such jurisdiction by said ordinance, code, resolution, or regulation. Approval of a plan by the Township shall not be construed as an indication that the plan complies with the other Township standards or requirements.
E.
This chapter shall apply to all subdivision and land development
plans submitted after the effective date of this chapter and to all
subdivision and land development plans submitted before the effective
date of this chapter which no longer have protection from the effect
of changes in governing ordinances granted by Section 508(4) of the
Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
F.
Any changes made to this chapter shall not adversely affect an application
for approval, whether preliminary or final, while such application
is pending approval or disapproval, and the applicant shall be entitled
to a decision in accordance with the provisions of the governing ordinances
as they stood at the time the application was duly filed. Additionally,
when a preliminary application has been duly approved, the applicant
shall be entitled to final approval in accordance with the provisions
of the ordinance as they stood at the time of preliminary approval.
However, if an application is properly and finally denied, any subsequent
applicant shall be submitted to the intervening change in governing
regulations.
G.
If the applicant has received preliminary or final approval, no change
or amendment to this chapter:
(1)
Shall be applied to adversely affect the right of the applicant to
commence and complete any aspect of the approved application, whether
preliminary or final, in accordance with the terms of such approval
within five years from such approval. This five-year period shall
begin on the date of preliminary approval, if applicable.
(2)
Shall modify or revoke any aspect of an approved final plan pertaining
to zoning classification or density, lot, building, street, or utility
location where the landowner has substantially completed the required
improvements as depicted on the final plan within five years of such
approval.
