This chapter shall be known and may be cited
as "The Mount Joy Township Subdivision and Land Development Ordinance."
This chapter is enacted for the purpose of assuring
suitable sites for building purposes and human habitation and to provide
for the harmonious development of the Township of Mount Joy for the
proper coordination of proposed streets, parks or other facilities
for ensuring adequate open space for traffic, recreation, light and
air and for the proper distribution of population, thereby creating
conditions favorable to the health, safety, morals and general welfare
of the citizens of Mount Joy Township. The approval of any subdivision
plan shall be based upon considerations set forth as follows:
A.Â
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.
B.Â
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.
C.Â
Preservation of such natural assets as ponds, streams,
shrubs, trees and watershed areas.
D.Â
Provisions for adequate and safe water supply, sewage
disposal, storm drainage and other utilities.
[Amended 11-20-2003 by Ord. No. 2003-8]
The authority of the Township Supervisors to adopt this chapter regulating subdivision and land development within Mount Joy Township is granted by Article V of the Pennsylvania Municipalities Planning Code of July 31, 1968, Act No. 247 as amended by Act 170 of 1988 and as may be subsequently amended.[1] No subdivision or land development of any lot, tract or
parcel of land shall be made; no streets, sanitary sewers, storm sewers,
water mains or other improvements in connection therewith shall be
laid out, constructed, opened or dedicated for public use or travel,
or for the common use of occupants of buildings abutting thereon,
except in accordance with the provisions of this chapter. No lot in
a subdivision may be sold or transferred, no permit to erect or alter
any building upon land in a subdivision or land development may be
issued and no building may be erected in a subdivision or land development
unless and until a plan for the subdivision or land development has
been approved by the Board of Township Supervisors and recorded, and
until the improvements required by the Board of Township Supervisors
in connection therewith have either been constructed in strict accordance
with the standards and specifications of the Township or guaranteed
as provided in this chapter.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
The provisions of this chapter shall be interpreted
to be the minimum requirements to meet the purposes of this chapter.
Where the provisions of this chapter conflict or are inconsistent
with the provisions of any other Township ordinance, regulation or
requirement legally adopted, the more restrictive requirement or standard
shall apply.
All applications for subdivision and/or land
development approval within Adams County shall be forwarded upon receipt
to the Adams County Office of Planning and Development for review
and report. Such action shall occur at the preliminary and final plan
stages, and the Township shall not take action on said plans until
the county report is received or until the expiration of 30 days from
the date the plans were forwarded to the county.
The grant of a permit or approval of a subdivision
and/or land development plan shall not constitute a representation,
guaranty or warranty of any kind by the municipality or by any official
or employee thereof, of the practicability or safety of the proposed
use and shall create no liability upon the municipality, its officials
or employees.
