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:
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.
