[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.
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.
[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. 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.
[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.
[Amended 8-1-2006 by Ord.
No. 329]
(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.