A. 
Copies of this chapter shall be available for use by any person seeking information concerning land development and subdivision standards and procedures in effect within the Township. Any prospective developer or subdivider may meet with the Township Planning Commission to discuss and review tentative plans and any provisions of this chapter.
B. 
Prior to the final plan submission, the prospective developer must have complied with all planning requirements of the Pennsylvania Sewage Facilities Act[1] as administered by the Pennsylvania Department of Environmental Protection. It is suggested that the prospective developer consult the Township Sewage Enforcement Officer and the York County Office of the Pennsylvania Department of Environmental Protection as to the requirements of that Act.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
C. 
Prospective developers shall consult the York County Conservation District representative concerning erosion and sediment control, wetlands and the effect of geologic conditions on the proposed development. At the same time, a determination should be made as to whether or not any flood hazards either exist or will be created as a result of the subdivision or development. Land that is subject to flooding shall not be platted for residential occupancy or for any other use that may endanger health, life, or property. Such land within a subdivision shall be set aside for such uses as shall not be endangered by periodic or occasional flooding and shall not produce unsatisfactory living conditions.
All plans are to be prepared in accordance with the specifications set forth by the "Professional Engineers Registration Law" (P.L. 913, No. 367)[1]. All plans shall bear a certification as defined by Article II of this chapter.
[1]
Editor's Note: See now "Engineer, Land Surveyor and Geologist Registration Law, " 63 P.S. § 148 et seq.
A. 
No plans except sketch plans will be considered by the Planning Commission unless the applicant submits said plans, along with all required supporting documentation and the required fees to the Township Secretary not later than the last business day of the calendar month prior to the next month's regularly scheduled meeting of the Planning Commission. No application shall be deemed filed unless all requirements have been met and all fees therefor paid in full. Incomplete submissions shall not be distributed for review.
B. 
The applicant shall submit an application for subdivision and land development and copies of proposed preliminary plan to the Township Secretary. If the applicant makes substantial revisions in his plans after they have been approved in preliminary form, such revised plans shall be treated as new preliminary plans when resubmitted.
[Amended 11-10-2009 by Ord. No. 2009-3]
C. 
The Township Secretary shall receive all fees on behalf of the Township.
D. 
The Township Secretary shall maintain a permanent log which shall indicate the following:
(1) 
The title of the plan.
(2) 
The name of the owner or developer of the plan.
(3) 
The name of the surveyor or engineer preparing the plan.
(4) 
The name, address, telephone number and relationship to the owner or developer of the plan of the person filing the plan.
(5) 
The date, time and place of the filing.
E. 
The applicant shall distribute the required number of copies to the agencies concerned as provided in submission procedures as adopted by the Township from time to time and available at the Township Office.
[Amended 11-10-2009 by Ord. No. 2009-3]
F. 
Upon approval of the preliminary plan, the applicant shall submit a final plan to the Township Secretary and the applicant shall distribute the required number of copies to the Township agencies concerned as provided in submission procedures as adopted by the Township from time to time and available at the Township Office.
[Amended 11-10-2009 by Ord. No. 2009-3]
G. 
Mobile home park plans shall be reviewed in the same manner as subdivision and land development plans.
H. 
A copy of the application for subdivision and land development and accompanying plan(s) shall be forwarded by the applicant to the County Planning Commission for review and report together with the County's established fee, which fee shall be paid by the applicant.
[Amended 11-10-2009 by Ord. No. 2009-3]
I. 
All approvals of final subdivision and land development plans, and of any preliminary plans which are to be recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, shall be conditional approvals. In addition to any other conditions of approval, such approval shall be conditioned on the developer obtaining the uniform parcel identifier number for each lot to be created by or identified on that subdivision or land development plan. At the time of the conditional approval by the Board of Supervisors, the Chairman, or in his or her absence, the Vice Chairman, shall sign the letter to the Tax Map Office, in a form to be approved by the Board of Supervisors, noting the approval of the plan conditioned on the placement of uniform parcel identifier numbers on the plan. The developer shall then take a notarized copy of the plan, which copy is intended to be recorded in the Office of the Recorder of Deeds, together with the letter executed by the Township, to the Tax Map Office of York County, for the assignment of uniform parcel identifier numbers, which numbers shall be placed on the appropriate table on the plan, as required in § 208-34B(24). After those numbers are assigned, the developer shall return the copy of the plan on which those numbers are originally affixed, together with one identical copy (complete with uniform parcel identifier numbers), and a check made out to the "York County Recorder of Deeds" in the amount determined by the Tax Map Office to be due for the assignment of the uniform parcel identifier numbers, to the Township, after which, upon the meeting of all conditions of the approval, the Board of Supervisors shall sign the plan and cause it to be recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania.
A. 
No plan will be considered by the Board of Township Supervisors for approval or disapproval unless all of the following have been received:
(1) 
Township Planning Commission report;
(2) 
County Planning Commission report; and
(3) 
Engineer's report.
(4) 
No sooner than 30 days nor later than 60 days after the applicant submits the subdivision or land development plan, the applicant shall file with the Pennsylvania Department of Transportation (PennDOT) an application for a highway occupancy permit, if any shall be required for the particular subdivision or land development, and shall at the same time submit a complete copy of the highway occupancy permit application to the Township and the York County Planning Commission.
B. 
After receipt of the Township Planning Commission's recommendations, the Board of Township Supervisors shall:
(1) 
Evaluate the applicant's submission and presentation, the report of the Township Planning Commission and review comments of the County Planning Commission and Township Engineer and/or Planning Consultant.
(2) 
Determine whether the plan meets the objectives and requirements of this chapter and other ordinances of the Township.
(3) 
Either approve, conditionally approve, or disapprove the plan.
C. 
The Board of Township Supervisors shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Board or Planning Commission (whichever first reviews the application) next following the date the application was filed. Provided, that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application was filed.
(1) 
The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him/her at his last known address not later than 15 days following the decision.
(2) 
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon.
(3) 
Failure of the Board of Township Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
(4) 
The Board of Township Supervisors shall not approve any plan until the County Planning Commission report is received or until the expiration of 30 days from the date the application was forwarded to the county.
D. 
In the event that the Board of Township Supervisors shall approve a plan subject to conditions, the applicant shall indicate, in writing, his acceptance or rejection of any conditions which may be imposed. Approval of the plan shall be automatically rescinded upon the applicant's failure to accept or reject such conditions within 30 days of the date of the Board's written communication of its decision.
E. 
Effects of changes in the ordinance.
(1) 
From the time an application for approval of a plan, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and 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 was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
(2) 
When an application for approval of a plan, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
[Amended 11-10-2009 by Ord. No. 2009-3]
(3) 
Where final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the 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.
(4) 
Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid five-year limit, or any extension thereof as may be granted by the Board of Township Supervisors no change of municipal ordinance or plan enacted subsequent to the date of filing of the preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to zoning classification or density, lot, building, street or utility location.
(5) 
In the case of a preliminary plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plan delineating all proposed phases as well as deadlines within which applications for final plan approval of each phase are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plan approval, until final plan approval of the final phase has been granted and any modification in the aforesaid schedule shall be subject to approval of the Board of Township Supervisors in its discretion.
(6) 
Each phase in any residential subdivision or land development, except for the last phase shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Township Supervisors in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plan approval, including compliance with landowner's aforesaid schedule of submission of final plans for the various phases, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within five years shall apply and for any phase or phases, beyond the initial phase, in which the required improvements have not been substantially completed within said five-year period the aforesaid protections shall apply for an additional term or terms of three years from the date of final plan approval for each phase.
(7) 
Failure of landowner to adhere to the aforesaid schedule of submission of final plans for the various phases shall subject any such phase to any and all changes in zoning, subdivision and other governing ordinance enacted by the Township subsequent to the date of the initial preliminary plan submission.
F. 
Before acting on an application, the Board of Township Supervisors may hold a public hearing thereon after public notice.
G. 
Expiration of preliminary plan approval. Preliminary plan approval shall expire upon the expiration of five years after being granted.
H. 
Effect of preliminary plan approval. Approval of the preliminary plan constitutes approval of the proposed subdivision or land development in respect to general design, the approximate dimensions and other planned features. Preliminary plan approval binds the applicant to the general scheme of the plan as approved and permits the applicant to begin preparation of the final plan. Preliminary plan approval does not authorize the recording, sale or transfer of lots.
A. 
Any subdivision or land development which contains no more than four lots or prospective occupants, may be reviewed and acted upon as a final plan without the necessity of a prior preliminary plan approval. Such determination shall be made by the Board of Township Supervisors after receipt of a written request for waiver of the requirement for a preliminary plan and upon recommendation of the Township Planning Commission based upon the following considerations:
(1) 
The proposed subdivision or land development does not involve site and related improvements to the extent that a detailed review by the Township necessitates initial processing as a preliminary plan.
(2) 
The tract of land has frontage on a public street of sufficient width.
(3) 
The proposed subdivision or land development complies with the applicable provisions of this chapter.
B. 
After one minor subdivision has taken place within any given tract, the applicant shall be required to submit a complete preliminary plan for the entire tract on the next subsequent application, unless the size, frequency and interrelationship of the prior subdivision clearly does not warrant such as determined by the Board of Township Supervisors.
C. 
Proof shall be provided to the Board of Township Supervisors in a form satisfactory to them evidencing the issuance by PennDOT of a highway occupancy permit if required for the subdivision or land development before the Board of Township Supervisors.
A parcel of land may be added to an existing recorded lot for the sole purpose of increasing the lot size, provided that:
A. 
The parcel to be added must be contiguous to the existing lot and must maintain or improve the overall straightness of lot lines.
B. 
The plan prepared for the addition of this parcel shall follow the procedures outlined in this chapter except that a preliminary plan need not be filed.
C. 
The owner shall specify on the plan that the parcel is for the sole purpose of enlarging an existing lot and shall be merged into the existing recorded lot. The combined tracts shall then be treated as one lot for all purposes under this and all other ordinances of East Manchester Township, existing or future.
Any replatting or resubdivision, including changes to a recorded plan, shall be considered as a new application, and shall comply with all requirements of this chapter.
A. 
The Board of Township Supervisors shall set fees, payable in advance, for review of plans. Such review fees may include reasonable and necessary charges by the Township's professional consultants or engineer for review and report thereon to the Township. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township engineer or consultants for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants. Such fees shall be based upon a schedule adopted by resolution of the Board of Township Supervisors upon enactment of this chapter, or as such schedule may be amended. A copy of said fee schedule shall be available for review at the Township office.
B. 
All fees and other charges shall be paid by the subdivider or developer to the Township Secretary. Payment shall be by check or money order made payable to East Manchester Township except that the requisite fee for County Planning Commission review shall be made payable to York County. All fees and other charges shall be due and payable at the time of invoice. Invoices that are more than 20 days past due shall be assessed interest at the annual rate of 10%. The Township shall be entitled to take any action allowed at law to enforce past due payments, including the assertion of a municipal lien against the property. The Township shall be entitled to all costs, including reasonable attorneys' fees, in the collection of any past due payments.
[Amended 11-10-2009 by Ord. No. 2009-3]
C. 
Filing fee. A filing fee shall accompany all preliminary and final subdivision and land development plans. No application shall be accepted by the Township Secretary or acted upon unless payment is made to the Township. The Board of Supervisors shall by resolution create a schedule of fees to defray the cost of administering and processing plans. The schedule of fees may be changed from time to time by resolution of the Board of Supervisors.
D. 
Other costs. In addition to the requisite filing fees, the subdivider or developer shall reimburse the Township for the following costs:
(1) 
Plan and associated document review by the Township Engineer and/or Planner and the Township Solicitor.
(2) 
Any public hearing required by the Board of Supervisors.
(3) 
Reviewing the results of soil tests as may be required under the provisions of § 208-68C.
(4) 
Site and layout inspection.
(5) 
Preparing or reviewing cost estimates of required improvements, review of requests for reduction of a performance or maintenance guaranty bond or other security agreement upon partial or total completion of required improvements, or determination of required amounts of performance or maintenance guaranty bond or other security agreement.
(6) 
Inspecting required improvements during installation.
(7) 
Final inspection on completion of installation of improvements.
(8) 
The costs of all traffic studies and street signs, and the labor to install all street signs and traffic control signs on streets to be constructed by the subdivider or developer, which are dedicated to and/or intended to be adopted by the Township. All street signs and traffic control signs shall be installed by the Township.
[Amended 12-9-2014 by Ord. No. 2014-6]
E. 
An applicant by filing for a subdivision or land development plan approval shall then be obligated to pay all costs hereinabove provided. Payment of such costs shall be promptly submitted to the Township Zoning Officer by the applicant upon submission of bills therefore from time to time.
F. 
No final subdivision or land development plan shall be approved by the Board of Supervisors, and no building permit or other permit required by this chapter or any other Township ordinance, code or regulation shall be issued by the Township Zoning Officer until all such fees and costs have been paid in full by the applicant.
[Amended 11-10-2009 by Ord. No. 2009-3]
A. 
In the event the applicant disputes the amount of any such review fees, the applicant shall, no later than 45 days after the date of transmittal of the bill to the applicant, pay the undisputed amount and notify the Township and the Township’s professional consultant that such fees are disputed and shall explain the basis of their objections to the fees charged, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's dispute over fees. Failure of the applicant to dispute a bill within 45 days shall be a waiver of the applicant’s right to arbitration of that bill under 53 P.S. § 10510(g).
B. 
In the event that the Township’s professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution as set forth in § 208-73, provided that the arbitrator resolving such dispute shall be of the same profession as the professional consultant whose fees are being disputed.
The Township may offer a mediation option as an aid in completing proceedings required by this article. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in Article XI of this chapter.
A. 
No plan which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation (PennDOT) shall be finally approved unless the plan contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"[1] before driveway access to a state highway is permitted.
[1]
Editor's Note: See 36 P.S. § 670-101 et seq.
B. 
The Department shall, within 60 days of the date of receipt of an application for a highway occupancy permit:
(1) 
Approve the permit, which shall be valid thereafter unless, prior to commencement of construction thereunder, the geographic, physical or other conditions under which the permit is approved change, requiring modification or denial of the permit, in which event the Department shall give notice thereof in accordance with regulations;
(2) 
Deny the permit;
(3) 
Return the application for additional information or correction to conform with Department regulations; or
(4) 
Determine that no permit is required in which case the Department shall notify the Township and the applicant in writing.
C. 
If the Department shall fail to take any action within the sixty-day period, the permit will be deemed to be issued.
D. 
The plan shall be marked to indicate that access to the state highway shall be only as authorized by a highway occupancy permit.
E. 
Neither the Department nor any municipality to which permit-issuing authority has been delegated under the "State Highway Law" shall be liable in damages for any injury to persons or property arising out of the issuance or denial of a driveway permit, or for failure to regulate any driveway. Furthermore, the Township shall not be held liable for damages to persons or property arising out of the issuance or denial of a driveway permit by the Department.