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Planning and Zoning

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1. If I file a complaint with the Township, will it remain confidential?

Yes and No. When a complaint is filed with the Township by an individual against another property owner, the Township strongly encourages that this person (the complainant) provide his or her name and residence information with the description of the perceived code violation. This information is not public information and remains private throughout any investigation. Under Section 708 of the PA Right to Know Law (Act 3 of 2008), if a requestor is seeking the name or copies of the complaint submitted to the Township or other correspondence between the complainant and the Township, this information is exempt from access and will not be provided. This type of information is exempt from public access under the Right to Know Law and the complainant's name and address will always remains confidential in this situation.

Depending on the nature of the code violation and case and/or whether a particular matter would go before the District Magistrate, the complainant should be made aware of the fact that they may be called to testify as a victim and describe the problem or issues identified in the complaint. Although these situations are very rare, in this situation the complainants identity is no longer confidential. Again, these cases are not common.

2. Can I change the zoning district designation of my property?

Zoning map changes or text changes to the Zoning Ordinance require a public review process by the Planning Commission and approval from the Board of Commissioners. This process is outlined in the Township Zoning Ordinance and the PA Municipalities Planning Code, Act 247. For more information, please contact the Planning and Zoning Department

Planning and Zoning Department

3. What are setbacks?

The term setback means the required distance separating a building or structure from a property line or Right-Of-Way. Setback regulations for buildings are included in the Zoning Ordinance. For more information, please contact the Township Planning and Zoning Department.

4. Where can I find a zoning permit?

Zoning permits are available on the Township website in the Document Center.

5. What is a building permit?

A building permit is the permission granted by a local government to build a specific structure or reconfigure an existing building at a particular site. For example, when an individual desires to construct a small office building or home, a building permit must be obtained from the Township to allow the construction to proceed legally.

6. What is a Certificate of Use and Occupancy?

Since 1944, the Township Zoning Ordinance requires that all residential, commercial and industrial structures, both new and existing, have a Certificate of Use and Occupancy. This is a document issued by the Township that indicates the building or structure satisfies the provisions of the Zoning Ordinance and other applicable requirements.

7. What is a comprehensive plan?

A Comprehensive Plan is a policy document adopted by the Board of Commissioners that establishes a variety of goals, objectives and initiatives to be implemented to reach a desired vision for the future. The plan consists of maps, charts and text that describe the vision for the future growth and development of a municipality, region or county including the location, character and timing of future development. Manheim Township adopted the most recent Comprehensive Plan in March 2010. In addition, Manheim Township is part of the Lancaster Inter-Municipal Comprehensive Plan (LIMC), Growing Together and the Lancaster County Comprehensive Plan, which are larger area and regional planning policies for the community. Comprehensive Plan Info

8. Do I need a permit to re-pave my driveway?

If you are paving the existing driveway with no intentions of expanding the driveway impervious area, you do not need a permit. However, if you are paving your driveway and expanding the area of the driveway for additional parking area or a basketball court, then you do need a permit from the Planning and Zoning Department. If you are doing construction as part of the driveway and opening the street in the public right-of-way, a road opening permit is required.

9. Where can I find information on housing assistance for owners, landlords or developers?

A great place to start would be the Lancaster County Housing and Redevelopment Authority. See link below. Website Link

10. Where can I get 2010 US Census data?

See link below. 2010 US Census Data

11. What exactly is zoning?

Zoning is a tool and device in land use planning used by the Township and other local governments. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another. Zoning in Manheim Township is a combination of "use-based zoning" (regulating the uses to which land may be put or not located)", "bulk based zoning"(regulating building height, lot coverage, and similar characteristics), and "form based zoning" (regulating shape, style or design), or some combination of these. The regulation of the use, bulk and form of structures is accomplished is accomplished through preparation and adoption of a zoning ordinance.

12. What is a zoning ordinance?

A zoning ordinance is the document that regulates land use, building bulk and form in the Township. The ordinance is composed of two components, text and a zoning map. The text of the zoning ordinance provides development standards, bulk, height, area and setbacks provisions to regulate the use of land and structures. The zoning map delineates boundaries of specific zoning districts. A zoning ordinance allows for certain uses in certain zoning districts. Of those uses some are permitted by right while other uses are permitted by conditional use or by special exception.

13. What is a permitted use?

A permitted use is a land use permitted by right in the zoning ordinance provided specific standards in the ordinance are met.

14. What is a special exception?

A special exception is a use provided for in a zoning ordinance once certain standards are met and provided approval is granted by the Zoning Hearing Board. The use although permissible within a particular zoning district requires a closer examination by the Zoning Hearing Board. These types of uses typically have a greater impact on the community and therefore necessitate the need for additional safeguards. Special exception uses are close kin of the conditional use with the difference being the approving body.

15. What is the Zoning Hearing Board?

The Zoning Hearing Board (ZHB) is a local court that deals with zoning matters. The ZHB is enabled to hear and act on challenges, appeals, variances, and special exceptions. The ZHB must follow current procedures and is not empowered to make or modify policy. In Manheim Township the ZHB consists of five (5) members with one (1) alternate member who are appointed by the Board of Commissioners. The term of a ZHB member is five (5) years. Additional Information

16. What is a variance?

A variance is relief from the standards of the Zoning Ordnance as determined by the Zoning Officer. Variances are granted by the Zoning Hearing Board from a particular regulation contained in the Zoning Ordinance. Specifically, a variance allows a property owner to seek relief from a standard of the zoning ordinance to enable the property owner to use his or her land that would otherwise not be possible because of location, topography, size or shape under the strict standards of the ordinance.

17. What is a conditional use?

A conditional use is a use provided for in a zoning ordinance once certain standards are met and provided approval is granted by the governing body, in Manheim Township this would be the Board of Commissioners. The use although permissible within a particular zoning district requires a closer examination by the Board of Commissioners. These types of uses typically have a greater impact on the community and therefore necessitate the need for additional safeguards. Conditional uses are close kin of the special exception with the difference being the approving body.

18. What is a Planned Residential Development (PRD)?

A Planned Residential Development, commonly referred to as a PRD, is a land use control method that includes both zoning and subdivision regulations. A PRD includes the development of an area of land under a single entity for a variety of residential dwelling types and typically includes a non-residential component. The development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to regulations established in any one district created from time to time under the provisions of the zoning ordinance. Examples of Planned Residential Developments in Manheim Township include Brighton, Kissel Hill Commons, Worthington and Wetherburn Commons.

19. What is a Cluster Development?

A Cluster Development is a land use control method designed to “cluster” residential dwellings in a particular area while preserving other areas of the tract for common open space. Although the lot size, bulk standards and setback requirements are generally reduced in relationship to conventional zoning requirements, the overall density remains the same. The cluster development provisions were eliminated from the Manheim Township Zoning Ordinance when the Zoning Ordinance was last updated.

20. What is a Transferable Development Right (TDR)?

A Transferable Development Right (TDR) is a right to develop a property that is moved from one property (the sending area) to another property (the receiving area) for development. In Manheim Township the TDR program was developed in 1991 in an effort to protect farmlands and agricultural soils in Manheim Township. For additional information refer to “The Lancaster County TDR Practitioner’s Handbook, a How-To Guide for Conserving Land & Managing Growth Using Transfer of Development Rights” which is located on the Lancaster County’s website under Envision Smart Growth Toolbox under Rural Areas. Also, refer to the subsection within the current planning page. LInk to Lancaster County website

21. What is the Transferable Development Right Program and Origin in Manheim Township?

This program grew out of Manheim Township’s efforts to better manage the patterns and impacts of land development so as to accommodate continued growth while protecting natural resources that are important to the Township’s residents. Having experienced a long period of development as a result of growth pressure in the Lancaster City Suburban areas, development extended out from the City and expanded into the northwest side of the Township, leaving a predominantly rural landscape of farmland in the northeastern portion of the Township. The Township opted to protect the remaining farmland through agricultural zoning and the creation of the TDR program. In the early years of the TDR program, the Township purchased TDRs directly from the property owner in an effort to jump start the program. Today, both developers and the Township buy TDRs directly from the property owner.

22. How many Transferable Development Rights are assigned to property in Manheim Township?

There are approximately 2000 agriculturally zoned acres in Manheim Township and Transferable Development Rights (TDRs) were assigned to each agriculturally zoned property consisting of at least ten (10) acres. Approximately 1300 TDRs were assigned to agriculturally zoned property. Of those TDRs, Manheim Township has purchased 377 TDRs. In addition to the TDRs purchased by the Township, 244 TDRs have been purchased by developers or other property owners. Manheim Township does not anticipate purchasing TDRs in 2013 but it is anticipated that developers will purchase additional TDRs in 2013.

23. What is the Municipalities Planning Code, Act 247 (MPC)?

The Pennsylvania Municipalities Planning Code, Act 247, known as the "PMPC" or "MPC" provides the statutory framework for all municipalities in Pennsylvania to adopt comprehensive plans, adopt and enforce subdivision and land development ordinances, to adopt and enforce zoning and other similar land use management tools and technics in their respective communities. The MPC was adopted in 1968.

24. What is a Designated Growth Area?

The Designated Growth Area is physically defied area on a land use policy map that is established around existing development patterns and infrastructure investment. The concept of designated growth areas as a county land management concept that was first introduced to the area by the Lancaster County Planning Commission and has the following characteristics:

1. It is an area appropriate for future development and includes Lancaster City, a Borough, or Village as the core area.

2. Residential, mixed-use, commercial, industrial, and institutional development are permitted or planned for this area.

3. Public infrastructure services are provided or planned for in this area with sufficient capacity to support the intended density and intensity of development.

The Lancaster County Comprehensive Plan defines two types of Designated Growth Areas, which are the Urban Growth Area and the Village Growth Area. Specific policies for these areas are described in the Lancaster County Comprehensive Plan.

25. What is an Urban Growth Area?

The Urban Growth Area is defined as an area that is appropriate for future development and includes Lancaster City or a Borough at its center, developed portions of Townships, and additional lands suitable to accommodate new development. In combination, these lands should have sufficient development capacity to meet future land use needs over a 25-year period without constraining the development market. In order to allow the market to act freely, Lancaster County Planning Commission advises municipalities to provide double the projected development acreage for the next ten years when designing Urban Growth Area Boundaries.

Development in Urban Growth Areas should be provided with a full range of public infrastructure services, including both public sewer and public water service with sufficient capacity to support the intended density and intensity of development. Residential development in Urban Growth Areas should occur at an average net density of 7.5 dwellings per residential acre and non-residential development should occur at intensities which maximize the use of land and infrastructure. Urban Growth Areas are given official standing by their incorporation on Future Land Use Maps and through adoption in County and local comprehensive plans.

26. What is a Village Growth Area?

The Village Growth Area is an area that is designated as appropriate for future development and includes a traditional village core, adjacent developed portions of a township, and additional land to absorb a portion of a township’s future land use needs over a 25-year period while maintaining village scale, character, and a defined edge. Development in Village Growth Areas should be provided with public sewer and/or public water service where appropriate and feasible. The target net density for residential development in Village Growth Areas is 2.5 units/ acre, on average. Nonresidential development should occur at intensities which are compatible with the character of the Village. Both residential and non-residential development should be designed to be compatible with and complement the traditional, pedestrian friendly character of the village through features such as grid street patterns, sidewalks, buildings pulled to the street with parking behind, and compatible architectural scale and mass.

All land area within Manheim Township with the exception of the agricultural zoned land located in the northeast corner of the Township is considered a designated growth area. The area surrounded the Village of Oregon is considered a Village Growth Area while the remainder of the Township is considered an Urban Growth Area.

27. What is Growing Together?

Growing Together is a regional comprehensive plan for central Lancaster County. The Lancaster Inter-municipal Committee (LIMC) coordinated its preparation, through a steering committee including representatives from all the municipalities involved, and with extensive community input. Eleven municipalities then adopted Growing Together as their comprehensive plan, or as part of their comprehensive plan, in April 2007.

28. What is the Lancaster Inter-Municipal Committee?

The Lancaster Inter-Municipal Committee (LIMC) is a council of governments established to address inter-municipal challenges and concerns in central Lancaster County, Pennsylvania. It encourages and facilitates inter-municipal cooperation, undertakes projects that will benefit its member municipalities, and provides a forum for municipal officials to discuss issues of mutual interest. LIMC Website link

29. What is a Home Occupation?

A home occupation is a business, profession, occupation, or trade conducted for financial gain or profit and located entirely within a residential dwelling or within a detached private garage located on a residential lot. A home occupation is accessory, incidental, and secondary to the use of the dwelling for residential purposes and does not change the residential character or appearance of the dwelling or detached garage. For more information, search home occupation under the document center.

30. What is an easement?

An easement is a right-of-way granted for limited use on private land for a public, quasi-public or private purpose, and within which the owner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee. Nothing shall be placed, planted, set or put within the area of an easement that would adversely affect the function of the easement or conflict with the easement agreement.

31. What is riparian buffer?

A riparian buffer is undisturbed land adjacent to a natural watercourse or other body of water for the purposes of stabilizing banks, filtering pollutants from runoff and for providing habitat for a variety of wildlife.

32. What are prime agricultural soils?

Land used for agricultural purposes that contain soils of the first, second, or third class as defined by the United States Department of Agriculture natural resources and conservation services county soil survey.

33. What is a floodplain?

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation of runoff of surface waters from any source by designation in accordance with the most current Manheim Township Floodplain Ordinance.

34. What are Best Management Practices (BMPs)?

Best management practices, commonly referred to as BMPs, are activities, facilities, designs, control measures or procedures used to manage stormwater impacts from regulated activities, to minimize accelerated erosion and sedimentation, to meet state water quality requirements, to promote ground water recharge. BMPs include but are not limited to infiltration, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, forested buffers, sand filters, and detention basins. For additional information, visit the public works department portion of the website, under stormwater.

35. What is the Land Use Advisory Board (LUAB)?

The Land Use Advisory Board, commonly referred to as LUAB, was created through an intergovernmental cooperation agreement through the Lancaster Intermunicipal Committee (LIMC) to assist with implementing, Growing Together, A Comprehensive Plan for Central Lancaster County, Pennsylvania (Growing Together). One of LUAB's functions is to review and comment upon proposed actions that participating municipalities may undertake to implement Growing Together.

36. What is the Planning Commission?

The Manheim Township Planning Commission consists of seven (7) planning members who are appointed by the Board of Commissioners and each member serves a four (4) year term. The duties of the Planning Commission include such things as preparing the comprehensive plan, keeping records of all actions, preparing and making recommendations to the Board of Commissioners (BOC) regarding land use ordinances, subdivision and land development applications, text amendments and zoning map amendments.

37. What is an Official Map?

The Official Map is a planning tool used to identify and reserve future public lands and facilities. Creating an official map does not obligate the Township to acquire reserved property at the time the map is adopted or in the future. It is simply a way of identifying for public record, the location and dimension of a potential public need on a map so that development, when it occurs, will not encroach on the land needed for any such public facility.

38. What is a Historic Resource?

The Lancaster County Comprehensive Historic Sites Survey for Manheim Township, prepared in 1991, depicts the historic resources in Manheim Township. This inventory identifies historic resources based on levels of significance. A level of significance 1 represents historic resources of the highest quality or historic importance while a level of significance 4 represents historic resources that have been altered or compromised.

39. What is a Codified Ordinance?

A Codified Ordinance is simply the collection and organization of all Township adopted ordinances of a general and permanent nature into a numbered and organized document that is easy-to-read, search and easy-to-access. Link to the Township's Codified Ordinances