[Ord. 1113, 1/19/2010]
This chapter shall be known and may be cited as the "Mechanicsburg Subdivision and Land Development Ordinance." Said chapter shall not supersede any other related state or federal provisions. The effective date of the chapter shall be upon its adoption.
[Ord. 1113, 1/19/2010]
These regulations are established for the following purposes:
A. 
To assist orderly, efficient, and integrated development of land.
B. 
To assure sites suitable for building purposes and human habitation.
C. 
To provide for the coordination of existing streets and public utilities with new facilities.
D. 
To provide for adequate space for traffic, recreation, light, and air.
E. 
To provide for efficient and orderly extension of community services and facilities at minimum cost and maximum convenience.
F. 
To promote and to foster the community development goals and objectives, including quality infill, replacement, redevelopment and/or adaptive reuse, as identified in the Mechanicsburg Borough Comprehensive Plan, as amended.
G. 
To provide for the proper distribution of population, thereby creating conditions favorable to the health, safety, morals, and general welfare of the citizens of the Borough.
H. 
To provide uniform standards and procedures for the administration and processing of all subdivision and/or land development plans.
I. 
To guide the future growth and development of the Borough in accordance with the Comprehensive Plan.
J. 
To regulate the subdivision and/or land development of land within any designated floodplain district in order to promote the general health, welfare, and safety of the community.
K. 
To require that each subdivision and/or land development of a lot in flood-prone areas complies with the provisions of Chapter 8, Floodplains, of the Mechanicsburg Borough Code.
L. 
To protect individuals from buying lands which are unsuitable for use because of flood by prohibiting the improper subdivision and/or land development of unprotected lands within a designated floodplain.
M. 
To provide for the management of stormwater in coordination with Chapter 26, Water, of the Mechanicsburg Borough Code.
N. 
To effect any additional purposes provided for in Article V of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
O. 
To assure that adequate easements and rights-of-way are provided for drainage facilities, public utilities, streets and other public improvements.
[Ord. 1113, 1/19/2010]
In interpreting and applying the provisions of this chapter, they shall be held to be minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare of the Borough. Where provisions of this chapter impose greater restrictions than those of any statute, other ordinance, restriction, or regulation, the provisions of this chapter shall control. In interpreting the language of this chapter to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by Mechanicsburg Borough, in favor of the landowner and/or developer and against any implied extension of the restriction.
[Ord. 1113, 1/19/2010]
1. 
The Borough Council shall have the authority to approve or disapprove all preliminary and final subdivision and/or land development plan applications as required herein.
2. 
The Borough Planning Commission is hereby designated as the agency which shall review and make recommendations on all subdivision and/or land development plan applications as required herein, prior to action on same by the Borough Council.
[Ord. 1113, 1/19/2010]
It is not intended by this chapter to repeal, abrogate, annul, other than enumerated in § 22-106 herein, or interfere with any existing ordinance or enactment or with any rule, regulation, or permit adopted or issued. If this chapter imposes greater restrictions upon the use of buildings or land, then the provisions of this chapter shall control.
[Ord. 1113, 1/19/2010]
Ordinance 830, as amended, is hereby expressly repealed; provided, further that nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued or approval granted or any cause or causes of action arising prior to the enactment of this chapter. All ordinances or parts of ordinances and all resolutions or parts of resolutions which are inconsistent herewith by virtue of references or incorporation of requirements contained in the preexisting Subdivision and Land Development Ordinance, as amended, shall, as nearly as possible, be construed to reference this chapter.
[Ord. 1113, 1/19/2010]
Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such a decision shall not affect the validity of this chapter as a whole or any part thereof other than the part declared to be unconstitutional or invalid.