Township of Lancaster, PA Enactment, Authority and Jurisdiction; Title

The standards and requirements contained in this chapter shall apply as minimum standards for subdivisions and land developments located within Lancaster Township. However, when the Township, in its most recent version of the Lancaster Township Zoning Ordinance, as amended; Lancaster Township Building Code, as amended; or other ordinance, code, resolution, or regulation other than this Subdivision and Land Development Ordinance, 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.

In order that the actions of the Board of Supervisors under this chapter may be correlated with all relevant data and procedures, the Board of Supervisors hereby designates the Lancaster Township Planning Commission as the agency of the Board of Supervisors:

(1)

To which all applications relating to either preliminary or final approval of subdivision and land development plans shall be initially submitted;

(2)

With which applicants shall hold all preliminary consultations relating to the plans;

(3)

Which shall make recommendations to the Board of Supervisors concerning approval, disapproval, modification and conditions of approval of such plans; and

(4)

Which shall make recommendations to the Board of Supervisors concerning the interpretation of and the granting of modifications to provisions and standards of this chapter.

With the exception of § 236-102D and E of this chapter, the provisions of this chapter shall apply to and control all subdivisions and land developments whose plans have not been recorded with the Lancaster County Recorder of Deeds, prior to the effective date of these regulations.

The provisions of this chapter shall not adversely affect an application for approval of a preliminary or final plan which is duly and properly filed with the Township and the Lancaster County Planning Commission (LCPC) and is pending action at the time of the effective date of this chapter, and in which case 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 had been duly filed. When a preliminary plan has been duly approved, the applicant shall be entitled to final plan approval in accordance with the terms of the approved preliminary plan; however, if an application is properly and finally denied, any subsequent application shall be subject to the provisions of this chapter.

If an applicant has received approval of a preliminary plan or final plan prior to the effective date of this chapter, no provision of this chapter shall be applied to adversely affect the right of the applicant to commence and complete any aspect of the approved development in accordance with the terms of such approval within five years from the date of such approval. If there is any doubt as to the terms of approval, the terms shall be construed in 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.

In accordance with the provisions of the MPC, regulations governing mobile/manufactured home parks (and campgrounds) are set forth in Article VII of this chapter.

Municipal liability. 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 or existing subdivision or land development 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.