[Amended 11-4-2003 by Ord. No. 310]
This chapter shall be known and may be cited as the "Adamstown Borough Subdivision and Land Development Ordinance" or as the "Adamstown Borough Development Improvement Regulations Ordinance."
This chapter is adopted for the following purposes:
A. 
To promote and protect the public health, safety, morals and welfare.
B. 
To promote orderly, efficient, integrated and harmonious development in the Borough.
C. 
To require 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.
D. 
To coordinate proposed streets and other improvements with existing or proposed streets, parks or other features of the Comprehensive Plan and to provide for drainage, water supply, sewage 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 Borough and its residential, commercial, agricultural, industrial and public areas.
F. 
To ensure conformance of subdivision and land development plans with the Comprehensive Plan, Chapter 320, Zoning, and 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 that 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 Borough 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 plans.
K. 
To regulate the modification of the natural terrain and alterations of existing drainage from new subdivisions and new land developments in order to control erosion and sedimentation of soils and preserve stream channels and water quality; and to provide design, construction and maintenance and storm drainage facilities for controlling stormwater, erosion and sedimentation and maintaining the quality of the watersheds within the Borough.
No land development or subdivision of any lot, tract or parcel of land shall be made and no street, sanitary sewer, storm sewer, water main or other improvements in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this chapter. The authority for the control and regulation of subdivision and land development within the Borough shall be as follows:
A. 
Approval by the Adamstown Borough Council. The Adamstown Borough Council shall be vested with the authority to approve or disapprove all subdivision and land development plans.
B. 
Review by the Adamstown Borough Planning Commission. Plans for subdivision and land development shall be submitted to the Adamstown Borough Planning Commission for review and report. Said submission shall take place before approval of any plans by the Borough Council. However, if a report is not received from the Adamstown Borough Planning Commission within the time period established by the Pennsylvania Municipalities Planning Code, the Borough may proceed to act without comments from the Borough Planning Commission.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Review by the County Planning Commission. Plans for subdivision and land development located within Adamstown Borough shall be submitted to the Lancaster County Planning Commission for review and report. Said submission shall take place before approval of any plans by Borough Council. However, if a report is not received from the County Planning Commission within the time period established by the Pennsylvania Municipalities Planning Code, the Borough may proceed to act without comments from the County Planning Commission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 11-4-2003 by Ord. No. 310]
This Adamstown Borough Development Improvements Regulation Ordinance is enacted under the authority of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq., and the Borough Code, Act of February 1,1996, (1995) P.L. 1656, No. 581, as amended, 8 Pa.C.S.A. § 101 et seq. To the extent that this chapter regulates actions or activities in connection with a subdivision or land development, as those terms are defined in the Municipalities Planning Code (including but not limited to activities where the Borough Council has granted a waiver of the requirement to obtain approval of a land development plan or a subdivision plan), this chapter shall be considered to have been enacted under the authority of and subject to the provisions governing enforcement of such ordinances in the Municipalities Planning Code. To the extent that this chapter regulates development within a watershed for which DEP has approved a watershed stormwater management plan, this chapter is additionally enacted under the authority of the Pennsylvania Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended, 32 P.S. § 680.1 et seq. To the extent that an action or activity which is regulated by this chapter is not an action or activity in connection with a subdivision or land development, as those terms are defined in the Municipalities Planning Code, such regulations shall be considered to be enacted under the authority of and subject to the provisions concerning enforcement of ordinances in the Borough Code.[1] For the purpose of this section, an "action or activity" includes the failure of a person to undertake or complete any action required by this chapter.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
[Added 11-4-2003 by Ord. No. 310]
A. 
It shall be unlawful for any person to undertake any of the following activities without prior approval from the Borough and without complying with all provisions, regulations, limitations and restrictions of this chapter:
(1) 
Development of any use within a flood-prone area as delineated by Chapter 320, Zoning.
(2) 
Development of any commercial use, industrial use, multifamily dwelling unit, mobile home park, school, church, lodge, club or any other use determined by the Borough to constitute a land development.
(3) 
Installation of any impervious cover not specifically exempted by Appendix 36 of this chapter.[1]
[Amended 8-1-2006 by Ord. No. 329]
[1]
Editor's Note: Appendix No. 36, Act 167 Stormwater Management Exemption Criteria, is on file in the Borough offices.
(4) 
The creation of any subdivision.
(5) 
Diversion or piping of any natural or man-made stream channel.
(6) 
Installations, alterations, modifications or the removal of any existing or proposed stormwater runoff or management facilities or appurtenances thereto.
(7) 
Land disturbance activity in excess of 10,000 square feet, except for the agricultural use of land when operated in accordance with a farm conservation plan approved by the Lancaster County Conservation District.
(8) 
Any other development where the Borough determines that said development may adversely affect any existing watercourse, any existing stormwater management facilities, or any existing stormwater runoff patterns.
B. 
It is the express intention of this section only to provide for Borough review and approval of such activities under this chapter. This section shall not be interpreted to impair or limit the applicability of any other ordinance, regulation or statute, including but not limited to the Clean Streams Law, Chapter 102 of DEP's regulations (in Title 25 Pa. Code), the Federal Clean Water Act, NPDES requirements. All removal of ground cover, grading, filling or excavation, regardless of area, shall be performed in accordance with 25 Pa. Code Chapter 102 and all other applicable statutes and regulations.
[Added 11-4-2003 by Ord. No. 310]
Except as specifically provided by the Pennsylvania Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended, 32 P.S. § 680.1 et seq., the making of any administrative decision by the Borough or any of its officials or employees shall not constitute a representation, guarantee or warranty of any kind by the Borough of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, stormwater runoff, flood or any other matter, and shall create no liability upon or give rise to any cause of action against the Borough and its officials and employees. Borough Council, by enacting and amending this chapter, does not waive or limit any immunity granted to the Borough and its officials and employees by the Governmental Immunity Act, 42 Pa.C.S.A. § 8541 et seq., and does not assume any liabilities or obligations.