A. 
Board of Supervisors. The Board of Supervisors of the Township of East Manchester is vested by law with the control of the subdivision of land and land development within the Township by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, Article V Section 501.[1]
[1]
Editor's Note: See 53 P.S. § 10501.
B. 
Planning Commission. The East Manchester Planning Commission is hereby designated by the Board of Supervisors as the agency which shall review and make recommendations on all subdivision and land development plans as required herein, prior to action on same by the Board of Supervisors of the Township of East Manchester.
A. 
This chapter is enacted for the purpose of assuring sites suitable for building purposes and human habitation and to provide for the harmonious development of East Manchester Township, for the coordination of existing streets with proposed streets; for adequate open space for traffic, recreation, light and air, and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals, and general welfare of the citizens of the East Manchester Township; and:
(1) 
To regulate the subdivision and development of land within any designated floodplain district;
(2) 
To require that each subdivision lot in flood-prone areas be provided with a safe building site with adequate access; and that public facilities which serve such sites be designed and installed to preclude flood damage at the time of initial construction;
(3) 
To protect individuals from buying lands which are unsuitable for use because of flood by prohibiting the improper subdivision or development of unprotected lands within the designated floodplain districts within East Manchester Township; and
(4) 
To guide the future growth and development of East Manchester Township in accordance with the Comprehensive Plan of the Township.
B. 
The approval of any subdivision or land development plan shall be based on the following considerations:
(1) 
Recognition of a desirable relationship of the development proposed to the general land form, topographic and geologic character, to natural drainage and surface water runoff, and to the groundwater table.
(2) 
Recognition of a desirable standard of subdivision design, including adequate provision for pedestrian and vehicular traffic, and for suitable building sites for the contemplated land use.
(3) 
Preservation of such natural assets as ponds, streams, shrubs, trees and watershed areas.
(4) 
Provisions for adequate and safe water supply, sewage disposal, storm drainage and other utilities.
The provisions of this chapter shall be held to be minimum requirements to meet the above-stated purposes. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provision of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulation shall prevail.
This chapter is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this chapter shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determinations of the Board of Supervisors in approving a subdivision or in enforcing this chapter, and such private provisions are not inconsistent with this chapter or determinations made thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.
The grant of a permit or approval of a subdivision or land development plan shall not constitute a representation, guarantee or warranty of any kind by the Township or by any official or employee thereof as to the advisability or practicability of the proposed use nor shall any such approval represent any warranty as to the accuracy of the information provided by a developer. Approval of a plan shall create no liability upon the Township, its officials or employees. Further, the grant of a permit or approval of a plan for any proposed subdivision or land development to be located within any designated floodplain district in East Manchester Township shall not constitute a representation, guarantee, or warranty of any kind by the Township or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Township, its officials or employees.
This chapter shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the Township under any section or provision existing at the time of adoption of this chapter, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the Township except as shall be expressly provided for in this chapter.
Nothing contained in this chapter shall relieve the owner or developer from complying with the applicable provisions of Chapter 255, Zoning, of the Code of the Township of East Manchester . It is the expressed intent that this chapter and Chapter 255, Zoning, be reinforceable and together foster the stated planning goals and objectives of the Township.
Where, the literal enforcement of the provisions of these regulations will exact undue hardship because of peculiar conditions pertaining to the land in question, the Board of Township Supervisors, after review by the Planning Commission, and recommendation by the Township Engineer as required, may grant a modification of the requirements of one or more provisions of this chapter, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
A. 
All requests for a modification shall be in writing and shall accompany and be a part of the submission of the plan, preliminary and/or final, to which it refers. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary.
B. 
Modification action by the Board of Township Supervisors.
(1) 
The Board of Township Supervisors shall consider and act upon requests for modification at a regularly scheduled meeting of the Board.
(2) 
A formal hearing shall not be required. However, the applicant or any interested party may request a hearing upon agreement to pay for the public notice and stenographic costs thereof.
(3) 
At any meeting or hearing, the applicant or his representative shall present evidence in support of the request.
(4) 
The Board of Township Supervisors after hearing said evidence and considering the application, may grant or deny said modification.
(5) 
In modifying any requirements, the Board of Township Supervisors shall record its action and the grounds for the modification of a requirement in its minutes and transmit a copy of the action to the applicant applying for the modification.
(6) 
Whenever a request for the modification of a requirement is denied, the Board of Township Supervisors shall record its action and the grounds for such denial in its minutes. The Board of Township Supervisors shall transmit a copy of the action and the grounds for such denial of any alteration to the applicant applying for the modification.
From and after the effective date of this chapter, the following subdivision and land development activity within East Manchester Township shall require plan approval of the Board of Supervisors. Such required approvals shall be granted only in accordance with the procedures and requirements of this chapter and such other Township ordinances, codes and regulations as may also apply.
A. 
The subdivision of any lot, tract or parcel of land within the Township, as defined in this chapter. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwelling, shall be exempted from these regulations provided that the subdivider shall file with the Board of Supervisors an affidavit, executed before a notary public, stating the subdivider's intent that the land is to be used for agricultural purposes and for no other purpose.
B. 
Land development as defined in this chapter.
C. 
Any development involving changes in the contour of the land, grading, excavation, removal or destruction of topsoil, or removal or destruction of trees or other vegetative cover. Agricultural and home gardening activities are exempt, provided:
(1) 
Such activities are not conducted in a designated floodplain district.
(2) 
Such activities are not conducted on land having a slope of 10% or greater.
(3) 
Such activities meet the requirements of all other Township, county and state ordinances, codes and regulations.
D. 
Any development permitted by special exception in Chapter 255, Zoning, which is not covered by the definition of "land development" herein.
From and after the effective date of this chapter, no lot within a subdivision or site within a land development may be sold, rented or leased until the following requirements have been met.
A. 
A final subdivision or land development plan has been approved by the Board of Supervisors.
B. 
Public streets shall have been provided and said streets have been improved to, as a minimum, such a condition that the streets are passable for vehicles which are intended to use such streets, i.e., such streets shall have been improved to a mud-free or otherwise permanently passable condition and shall have been provided with a dust-free cover and a guarantee, as provided in Article X of this chapter, for the completion of such streets to Township standards, shall have been deposited with the Township. Streets thus improved shall not be accepted for dedication by the Board of Supervisors until all of the Township street construction and finished paving requirements have been met.
C. 
All other required improvements shall have been installed or guaranteed, as provided by Article X of this chapter, shall have been deposited with the Township.
D. 
The subdivision or land development plans shall have been recorded with the York County Recorder of Deeds and the required proof of recording supplied to the Township. Proof of recording shall be evidenced by the filing with the Township of a Recorder's Certificate that the final plan has been recorded, with deed book or plan book and page number indicated, and one copy of the final plan with the Recorder's seal affixed.
[Amended 11-10-2009 by Ord. No. 2009-3]
A. 
The applicant by his submission of plans for Township approval does hereby expressly guarantee the following:
(1) 
All streets shown on any proposed plan are of sufficient width and proper grade and so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access for fire-fighting equipment to buildings and provide a coordinated system of streets conforming to the Township's Official Plan of streets.
(2) 
The land whereon buildings are to be constructed is of such character that it can be used for building purposes without danger to health or peril from fire, flood or other hazard.
(3) 
All necessary or required stormwater drainage and management facilities and erosion and sedimentation facilities be installed prior to or during the initial phase of construction of the subdivision or land development.
B. 
The applicant shall execute an agreement prepared by the Township Solicitor, in form and substance acceptable to the Board of Supervisors, before a final plan for either a subdivision or land development is released by the Board of Supervisors and filed with the County Recorder of Deeds. Said agreement shall include the following, as applicable:
[Amended 12-9-2014 by Ord. No. 2014-6]
(1) 
The applicant agrees that he will lay out and construct all streets and other improvements in accordance with the final plan as approved.
(2) 
The applicant agrees to a schedule for public improvements and guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in Article X of this chapter.
(3) 
The applicant agrees to tender a deed or deeds of dedication to the Township for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements, provided that the Township shall not be required to accept dedication of such improvements until their completion is certified as satisfactory by the Township Engineer.
(4) 
The agreement will identify all legal and equitable owners of the property as parties to the agreement with joint and several liability under the agreement.
(5) 
The agreement will designate a contact person for the applicant who will be authorized to represent the applicant before the Township. Any other person will require written consent to act on behalf of the applicant.
(6) 
The agreement will not be assignable without the express written consent of the Township Board of Supervisors. In the event of any change in legal or equitable ownership of property subject to an approved final plan with public improvements that have not been completed, the Township may require the new legal or equitable owner to execute a separate agreement with the Township.
Upon the approval of a final plan, the Township shall, within 90 days of such approval, record such plan in the Office of Recorder of Deeds of York County. The Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the Board of Township Supervisors and review by the York County Planning Commission.
A. 
The applicant shall bear any costs required to provide the Recorder of Deeds with a recordable plan in the required format.
B. 
Streets, public grounds, easements and other public improvements may be offered for dedication to the Township by formal notation on the final plan, or the applicant shall note that any such improvements have not been offered for dedication to the Township.
C. 
Streets and public grounds shown on a recorded final plan shall be deemed private until accepted by ordinance or resolution.
D. 
The recording of the plan shall not constitute grounds for tax assessment increases until such time as lots are sold or improvements are installed on the land included with the subject plan.
E. 
After a plan has been approved and recorded as provided in this article, all streets and public grounds on such plan shall be and become a part of the Official Map of the Township (if and when adopted) without public hearing.
[Amended 11-10-2009 by Ord. No. 2009-3; 12-9-2014 by Ord. No. 2014-6]
Whenever a developer or owner proposes to submit land or structures to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. §§ 3101-3414, or the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. §§ 5101-5414, or any other form of common or cooperative ownership for the benefit of the particular residents of a project as common areas, shared stormwater facilities, open space or active play areas, an owners' association shall be established to maintain such facilities. The Township Supervisors shall retain the right to review and approve or disapprove the articles of incorporation and all declarations, covenants, conditions and restrictions of the owners' association. The submission of land or structures to an owners' association shall be subject to the provisions of this chapter and Chapter 255, Zoning, of the Code of the Township of East Manchester, and shall comply with the following:
A. 
The association shall be organized with the Pennsylvania Department of State as a not-for-profit corporation or unincorporated association and proof of filing shall be provided to the Township prior to final plan approval.
B. 
The applicant shall provide the Township with a copy of the proposed declaration of covenants, conditions and restrictions, proposed bylaws and proposed declaration plat for review at least 45 days prior to approval of the final plan.
C. 
The organizational documents of the association shall, at a minimum, contain the following:
(1) 
The legal description of the property submitted to the association.
(2) 
A description of the land or facilities that will be owned, operated or maintained by the association.
(3) 
A mechanism to assess and enforce the common expenses for the common land or facilities, including upkeep and maintenance expenses, real estate taxes and insurance premiums.
(4) 
A mechanism for resolving disputes among the owners or association members.
(5) 
A mechanism for adopting budgets and maintaining adequate reserves for the upkeep and maintenance of the common land and facilities.
(6) 
A mechanism for assessing liens against owners or association members that fail to pay assessments.
(7) 
Provisions to allow the Township to enter upon and inspect common land or facilities and to perform repairs and maintenance where the association fails to do so and to assess the owners or members of the association for the costs of such repairs or maintenance.
(8) 
Provisions that require the submission of an annual budget and financial report to the Township in order to monitor the financial solvency of the association.
(9) 
Provisions that require consent by the Township to any subsequent amendments, including amendments to add, convert or withdraw land or facilities to or from the association or to dissolve the association.
(10) 
Any other matter the Township deems appropriate.
D. 
The association shall also meet the following standards:
(1) 
The association shall be established by the owner or applicant and shall be operating (with financial subsidy by the applicant, if necessary) prior to the sale of any lots in the development.
(2) 
The association shall have or hire adequate personnel to administer, maintain and operate the common facilities and land.
(3) 
Membership in the association shall be mandatory for all purchasers of lots therein and their successors and assigns.
(4) 
Each unit of the association shall be a separate and distinct lot shown on an approved subdivision plan.
(5) 
Units of the association shall be submitted to the association in accordance with an approved subdivision plan.
(6) 
An association that is formed as a flexible planned community or condominium shall provide for conversion, addition or withdrawal of land only in accordance with the phasing schedule shown on an approved subdivision plan.
(7) 
The owner or applicant shall demonstrate that the association and each phase thereof shall contain sufficient units to support the common facilities or land shown on the approved plats and plans.
(8) 
The association shall be responsible for maintenance and insurance of common land and facilities.
(9) 
The owners and members of the association shall share equitably in the costs of maintaining, insuring and operating the common facilities and land.
(10) 
The common facilities or land shall be properly conveyed to the association by deed only upon substantial completion by the applicant or owner or their successors and assigns, together with at least 30 days' prior written notice to all members of the association and the Township.
(11) 
The applicant or owner shall arrange with the County assessor for the proper assessment of the common facilities and land which will allocate to each tax parcel in the development a share of the total tax assessment for such common facilities.
(12) 
An association that maintains streets shall be required to submit and keep current with the Township all snow removal contracts with contractor contact information for the streets that are to be maintained.