This chapter shall be known as the "Mount Joy Township Subdivision and Land Development Ordinance" (hereinafter "Ordinance").
A. 
To promote and protect the public health, safety, morals and welfare.
B. 
Too promote orderly, efficient, integrated and harmonious development in the Township.
C. 
To require sites suitable for building purposes and human habitation in keeping with the standards of quality existing in the Township and to alleviate peril from fire, flood, erosion, excessive noise, smoke or other menace.
D. 
To coordinate proposed streets and other improvements with existing or proposed streets, parks or other features of the Comprehensive Plan and Official Map of the Township, and to provide for drainage, water supply, sewer disposal and other appropriate utility services.
E. 
To encourage preservation of adequate open spaces for recreation, light and air and maintenance of the natural amenities characteristic of the Township and its residential, commercial, agricultural, industrial and public areas.
F. 
To ensure conformance of subdivision and land development plans to the Comprehensive Plan, Chapter 135, Zoning, the Official Map, and other public improvement plans and to ensure coordination of intergovernmental improvement plans and programs.
G. 
To secure equitable treatment of all subdivision and land development plans by providing uniform procedures and standards.
H. 
To ensure developments are environmentally sound by requiring preservation of the natural features of the areas to be developed to the greatest extent practicable, to maintain the economic well-being of the Township and to prevent unnecessary or undesirable blight, runoff and pollution.
I. 
To secure the protection of water resources and drainageways.
J. 
To establish provisions governing the standards by which streets shall be granted and improved, and walkways, curbs, gutters, streetlights, fire hydrants, water and sewage facilities and other improvements shall be installed as a condition precedent to final approval of plats.
K. 
To ensure that the lands located within the designated growth areas are developed with a mix of land uses, densities, housing types, pedestrian infrastructure that will allow residents to walk to school, parks, and to obtain the needs of everyday life.
L. 
To encourage compact and efficient urban development that encourages infill and the retention of community character within the designated growth areas.
M. 
To ensure that the lands located within the designated growth areas are served by a full range of public facilities and services necessary to support residential and economic development to an extent that is considered appropriate and is intended to limit encroachment into the rural and agricultural areas of the Township.
N. 
To encourage the ongoing preservation of agricultural areas, to preserve productive farmland, promote healthy agricultural industry, and maintain scenic and historic rural landscapes.
O. 
To limit the infrastructure constructed outside the designated growth area to conserve natural and cultural resources.
A. 
This chapter is adopted pursuant to the authority granted by the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
No land development or subdivision of any lot, tract or parcel of land located within Mount Joy Township shall be effected and no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened, or dedicated for travel or public use, or for the common use of occupants of buildings thereon, unless and until a final subdivision or land development plan has been approved and recorded in the manner prescribed herein. Furthermore, no property shall be developed, no building shall be erected and no site improvements shall be completed except in strict accordance with the provisions of this chapter.
C. 
No lot in a subdivision may be sold or transferred; no permit to erect, alter or repair any building upon land in a subdivision and land development may be issued; and no building may be erected in a subdivision and land development, unless and until a final subdivision or land development plan has been approved and recorded, and until construction of any required site improvements in connection therewith has been completed or guaranteed in the manner prescribed herein.
D. 
If existing improvements, including stormwater management facilities, on the subject tract of a subdivision or land development do not meet the requirements of this chapter, then such improvements must be designed and upgraded to meet the requirements of this chapter in conjunction with an application for subdivision and/or land development.
E. 
Conflict with public and private provisions.
(1) 
This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in this chapter. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule or regulation, statute, or other provision of law, the provision that is more restrictive or imposes higher standards shall control.
(2) 
This chapter is not intended to abrogate any easement, covenant, or 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.
F. 
The authority for the control and regulation of subdivision and land development within the Township shall be as follows:
(1) 
Approval by the Township Planning Commission. The Mount Joy Township Planning Commission shall be vested with the authority to approve or disapprove all subdivision and land development plans.
(2) 
Review by the County Planning Commission. Plans for subdivision and land development within Mount Joy Township shall be submitted to the Lancaster County Planning Commission for review and report in accordance with the applicable regulations of this chapter, depending on the type and proposal of the subdivision and/or land development.
G. 
Separability. If any part or provision of this chapter or the application of this chapter to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered. It shall not affect or impair the validity and continued enforcement of any other parts or provisions of this chapter or the application of them to other persons or circumstances.
H. 
Saving provision. This chapter shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision and land development 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 in this chapter.