This chapter shall be known and may be cited as the "Mount Joy
Borough Subdivision and Land Development Ordinance."
This chapter is adopted 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
in keeping with the standards of quality existing in the Borough and
to alleviate peril from fire, flood, erosion, excessive noise, smoke
or other menace;
C.
To provide for the coordination of proposed streets and other improvements
with existing or proposed streets or other features of the Comprehensive
Plan, Park and Recreation Plan, and Official Map of the Borough, and
to provide for drainage, water supply, sewer disposal, and other appropriate
utility services;
D.
To provide for adequate open spaces 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 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;
G.
To ensure conformance of subdivision and land development plans to the Comprehensive Plan, Chapter 270, Zoning, the Park and Recreation Plan, the Official Map, and other public improvement plans and to ensure coordination of intergovernmental improvement plans and program;
H.
To secure the protection of water resources and drainageways;
I.
To encourage compact and efficient urban development that encourages
infill and the retention of community character within the Borough;
and
J.
To secure equitable handling of all subdivision and land development
plans by providing uniform procedures and standards for observance,
both by applicants and the Borough.
In the interpretation and application of the provisions of this
chapter, said provisions shall be deemed to be the minimum requirements
necessary for the promotion and protection of the public health, safety
and welfare. Where the provisions of this chapter and all standards
and specifications implementing it impose greater restrictions upon
subdivision or land development than those of any other Mount Joy
Borough ordinance or any regulation or any applicable land development
agreement, the provisions of this chapter and its standards and specifications
shall be controlling. Where the provisions of any statute, regulation,
other Mount Joy Borough ordinance or applicable land development agreement
impose greater restrictions upon subdivision or land development than
this chapter, the provisions of such statute, regulation, other ordinance
or applicable land development agreement shall be controlling.
B.
No land development or subdivision of any lot, tract or parcel of
land located within Mount Joy Borough 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.
Review by the County Planning Commission. Plans for subdivision and
land development within the Mount Joy Borough 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.
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.
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 Borough 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 Borough, except as shall be expressly provided in this chapter.
Before accepting a sales agreement for any new residential property, seller shall present to the buyer the residential lot disclosure information prepared in accordance with § 240-68.
