Township of West Manheim, PA
York County
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Table of Contents
Table of Contents

§ 235-104 General procedures.

This section outlines the procedures for enforcement and amendment of this chapter, as well as procedures for challenges and appeals of decisions rendered under this chapter.

§ 235-105 Enforcement.

A. 
The Township Board of Supervisors shall have the duty and authority for the administration and general enforcement of the provisions of this chapter, as specified or implied herein.
B. 
Officials of the Township having regulatory duties and authorities connected with or appurtenant to the subdivision, use, or development of land shall have the duties and authorities for the controlling enforcement of the provisions of this chapter, as specified or implied herein or in other ordinances of the Township.
C. 
Permits required by the Township, for the erection or alteration of buildings, the installation of sewers or sewage disposal systems, or for other appurtenant improvements to, or use of, the land, shall not be issued by any Township official responsible for such issuance until he or she has ascertained that the site for such building, alteration, improvement or use is located in a subdivision approved and publicly recorded in accordance with the provisions of this chapter regulating the subdivision and development of land.
D. 
Also, such permits shall be issued only after it has been determined that the site for such building alteration, improvement or use conforms to the site description indicated by the approved and recorded final plan or other land description acceptable in accordance with the provisions of this chapter, and that it is in compliance with all applicable provisions of this chapter.
E. 
If the building permit is issued erroneously or prior to proper approval, it is void.
F. 
The Sewage Enforcement Officer shall require that applications for sewage disposal system permits contain all the information to ascertain that the site for the proposed system is acceptable in accordance with the provisions of this chapter, and the rules and regulations of PA DEP and any requirement of the Township pertaining to the issuance of such permit.

§ 235-106 Amendments.

Any revisions, modifications, or amendments to this chapter shall be made in accordance with the procedures established by the Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 235-107 Modifications.

A. 
All requests for modifications shall be processed in accordance with § 235-29 of this chapter.
B. 
The provisions of these regulations are intended as a minimum standard for the protection of the public health, safety, and welfare. When special circumstances warrant, the Township may impose stricter standards. If the literal compliance with any mandatory provision of these regulations is shown by the applicant, to the satisfaction of the majority of the members of the Board of Supervisors present at a scheduled meeting, to be unreasonable or to cause undue hardship as it applies to a particular property, or if the applicant shows that an alternative proposal will allow for equal or better results, the Board of Supervisors may grant a modification from such mandatory provision if the variation will not be detrimental to the general welfare, nullify the objectives of those regulations or conflict with the Comprehensive Plan.
C. 
The Township Planning Commission shall have the right to recommend to the Board of Supervisors modifications to the regulations in individual cases as may be necessary in the public interest; provided, however, that such modifications shall not have the effect of nullifying the intent and purpose of these regulations. The list of suggested modifications and the specific reasons for such change shall be entered in the minutes of the Planning Commission and a copy of this entry shall be transmitted to the Board of Supervisors. The Board of Supervisors may then alter the land development plans and specify changes of modifications therein, which it deems necessary, and may make its approval subject to such alterations, changes or modifications. Upon approval by the Board of Supervisors, said modifications shall be clearly defined and entered on the final plan and signed by the Board of Supervisors.
D. 
In granting the hardship modification, the Board of Supervisors may impose conditions which will substantially secure compliance with the purposes of this chapter.

§ 235-108 Fees. [1]

Upon submission of the plan, whether preliminary or final, as specified in this chapter, the developer shall pay to the Township the required plan fee as follows:
A. 
Preliminary plan. As established by resolution of the Board of Supervisors.
B. 
Final plan. As established by resolution of the Board of Supervisors. The fee shall include the cost for:
(1) 
Reviewing the development plan engineering details;
(2) 
Inspecting the site for conformance of survey;
(3) 
Preparing cost estimates of required improvements;
(4) 
Inspection of required improvements during installation;
(5) 
Final inspection upon completion of installation of required improvements; and
(6) 
Administrative and legal services necessary for the processing of the proposed land development plan.
C. 
Any engineering, legal, and administrative costs in excess of the amount submitted prior to approval of the final plan shall be paid by the developer upon being notified of same by the Township. Any excess paid over the amount actually required to cover such costs of the final plan shall be returned to the developer upon the completion of the required improvement.
D. 
All fees shall be payable to West Manheim Township upon billing by the Secretary-Treasurer of West Manheim Township.
E. 
No permits shall be issued until all fees and charges are paid in full.
[1]
Editor's Note: See also § 235-25, Fees, and § 235-80, Fees for inspection of improvements.

§ 235-109 Prohibited acts.

Any person, partnership, or corporation, or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon; or sell, transfer or agree or enter into an agreement to sell any land in a subdivision or land development whether by reference to or by other use of a plat of such subdivision or land development or otherwise; or erect any building or buildings which constitute a land development thereon; or commence site grading or construction of improvements prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in Article III herein, unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein; or fail to comply with any condition imposed upon approval of a preliminary or a final plan or any condition imposed upon the granting of a modification; or fail to comply with any agreement with the Township relating to development in accordance with a preliminary plan or a final plan; or fail to comply with any note included on an approved preliminary plan or final plan, commits a violation of this chapter.

§ 235-110 Violations and penalties; additional remedies.

A. 
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fee collected for the violation of this chapter shall be paid over to the Township.
B. 
The Board of Supervisors may initiate and maintain civil action to obtain a writ of injunction against the owner or agency who is in violation of any provision of this chapter or who attempts the improper sale of conveyances of land and in proper cases to set aside and invalidate any conveyances or agreements to convey land made prior to final plan approval of any subdivision or land development.
C. 
The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision or land development of real property in violation of this chapter. The authority to deny such permit or approval shall apply to any of the following applicants:
(1) 
The owner of record at the time of such violation.
(2) 
The vendee or lessee of the owner of record at the time of such violation without regard to whether such vendee or lessee had actual or constructive knowledge of the violation.
(3) 
The current owner of record who acquired the property subsequent to the time of the violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(4) 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual constructive knowledge of the violation.
D. 
As an additional condition for the issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Township may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real estate.
E. 
Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the Township the right to commence any action at law and/or at equity for enforcement pursuant to this section.

§ 235-111 Appeals.

Any person aggrieved by a finding, decision, or recommendation of the Board of Supervisors with respect to the approval or disapproval of a plan or modification request may appeal the decision as provided for in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 235-112 Construal of provisions.

The provisions of this chapter shall be held to be minimum requirements to meet the purposes of this chapter. When provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulations, the provisions of this chapter shall prevail. When provisions of any statute, other ordinance or regulations impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulation shall prevail.