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.
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.
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.
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.
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.
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.
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.
To encourage compact and efficient urban development that encourages
infill and the retention of community character within the designated
growth areas.
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.
To encourage the ongoing preservation of agricultural areas, to preserve
productive farmland, promote healthy agricultural industry, and maintain
scenic and historic rural landscapes.
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]
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.
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.
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.
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.
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.
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.
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.
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.
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.