This chapter is titled “An ordinance of Jackson Township,
York County, Pennsylvania, providing for the regulation and control
of the subdivision of lots and the development of land; the approval
of plans, plots, or replots of land laid out in building lots; standards
for the design of streets, lots, easements, blocks and other improvements;
certain minimum improvements and construction standards on streets
and improvements; financial security requirements for improvements;
the administration of this chapter by the Jackson Township Planning
Commission and Board of Supervisors; and penalties for the violation
of this chapter.”
This chapter shall be known and may be cited as "the Jackson
Township Subdivision and Land Development Ordinance" of 2008.
The purpose of these regulations is to create conditions favorable
to the health, safety, morals, and general welfare of the citizens
by:
A. Assisting
in the orderly and efficient integration of subdivisions;
B. Ensuring
conformance of subdivision plans with the public improvements plans
of the Township;
C. Ensuring
sites suitable for building purposes and human habitation;
D. Facilitating
the efficient movement of traffic and avoiding traffic hazards and
congestion;
E. Securing
equitable handling of all subdivision plans by providing uniform procedures
and standards;
F. Improving
land records by establishing standards for surveys and plans;
G. Safeguarding
the interests of the public, the homeowner, the subdivider and the
municipality;
H. Preserving
natural and historic features; and
I. Carrying
out the goals and objectives of the Comprehensive Plan and the Pennsylvania
Municipalities Planning Code.
Decisions of the Board of Supervisors may be appealed in accordance
with the Pennsylvania Municipalities Planning Code, as amended.
Neither the approval nor the granting of any building permit,
floodplain permit, site plan review, subdivision approval, land development
approval, zoning permit, erosion review, stormwater runoff review,
wetland delineation or wetland review, steep slope review or any other
review or permit of this chapter, involving any land governed by the
provisions of this chapter, by an officer, employee, consultant or
agency of the Township shall constitute a representation, guaranty
or warranty of any kind by the Township or its employees, consultants,
officials or agencies of the practicality or safety of any structure,
use or subdivision and shall create no liability upon nor a cause
of action against any Township body, consultant, official or employee
for any damage that may result pursuant thereto.
It is hereby declared to be the legislative intent that:
A. If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B. The Board of Supervisors hereby declares that it would have passed
this chapter and each section or part thereof irrespective of the
fact that any one or more sections or parts thereof be declared invalid.
All other Township ordinances or parts thereof that were adopted
prior to this chapter and are clearly in conflict with this chapter,
including the preexisting Jackson Township Subdivision and Land Development
Ordinance, as amended, except any provisions that are specifically
referenced by this chapter, are hereby repealed.
The provisions of this chapter that only repeat, summarize or
reference provisions of the Pennsylvania Municipalities Planning Code shall be deemed to be automatically superseded and replaced
by any applicable amendments to such provisions of the Pennsylvania
Municipalities Planning Code at the date such amendments become effective
as state law.
This chapter shall become effective five days after enactment
by the Board of Supervisors.
This chapter is enacted and ordained into an ordinance this
third day of February 2009.