This chapter shall be known and may be cited as the "Carroll
Township Subdivision and Land Development Ordinance of 2018."
This chapter has been adopted by the Carroll Township Board
of Supervisors to protect the health, safety and general welfare of
the citizens of the Township; to provide for the harmonious development
of the Township by insuring equitable handling of all subdivisions
or land development plans by providing uniform standards and procedures;
to provide for the general welfare by providing and protecting cultural
facilities; by guiding the development and growth of structures, types
and locations of streets, open spaces and public grounds, recreation,
proper traffic flows, light and air, and the proper distribution of
population to insure conditions favorable to the health, safety, morals,
and general welfare of the citizens of the Township.
The Board of Supervisors of Carroll Township, York County, Pennsylvania,
pursuant to the Pennsylvania Municipalities Planning Code, Act 247
of 1968, re-enacted and amended by Act 170 of 1988, and as subsequently
amended,[1] and the Second Class Township Code, Act of May 1, 1993,
P.L. 103, No. 69, re-enacted and amended July 10, 1947, P.L. 1481,
No. 567, and as subsequently amended,[2] hereby enacts and ordains the following chapter governing
subdivisions and land developments within the limits of Carroll Township.
The Planning Commission is hereby designated by the Board of
Supervisors as the agency which shall review and make recommendations
on all plans as required herein. The Board of Supervisors shall have
authority to act on all plans as required herein for the Township
of Carroll.
A.
This chapter shall apply to all subdivision and land development
plans submitted after the effective date of this chapter, and to all
subdivision and land development plans submitted before the effective
date of this chapter which no longer have protection from the effect
of changes in governing ordinances granted by Section 508(4) of the
Pennsylvania Municipalities Planning Code, as amended.[1]
(1)
This chapter shall not affect any suit or prosecution pending or
to be instituted, to enforce any provision of previous subdivision
and land development ordinances of the Township of Carroll, in an
act done, contract executed, or liability incurred prior to the effective
date of this chapter, nor shall any provisions of this chapter be
construed to waive the obligations imposed upon an applicant to complete
a previously approved preliminary or final plan, including the installation
of improvements required hereunder, in strict compliance with the
requirements of the effective Carroll Township Subdivision and Land
Development Ordinance.
(2)
No street, sanitary sewer, storm sewer, water main, or other facility
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 thereon unless and until authorized by this chapter.
(3)
No lot in a subdivision may be sold, no permit to erect or alter
any building upon land in subdivision or land development, unless
and until a final subdivision or land development plan has been approved
by the Board of Supervisors and recorded, and until the improvements
required in connection therewith have been either constructed or guaranteed
in a manner prescribed herein.
[1]
Editor's Note: See 53 P.S. § 10508(4).
B.
No lot in a subdivision may be sold; no permit to erect or alter
any building upon land in a subdivision or land development may be
issued; and no building may be erected or altered in a subdivision
or land development, unless and until a final subdivision plat has
been approved by the Board of Supervisors and recorded, and until
construction of the improvements required in connection therewith
has been guaranteed in the manner prescribed herein.
A.
In interpreting and applying the provisions of this chapter, they
shall be held to be minimum requirements for the promotion of public
health, safety, comfort, convenience, and general welfare. Where provisions
of a statute, other ordinance, resolution, or regulation imposes greater
restrictions than this chapter, the provisions of such statute, resolution,
ordinance, or regulation shall be controlling.
B.
The Municipalities Planning Code (Act 247)[1] and the Sewage Facilities Act (Act 537)[2] are two separate but related acts. The Township's approval
of plans under either act can be requested first. However, subdivision
and land development plans which are approved prior to receipt of
the DEP's notification of compliance with Act 537 shall not be signed
by the Township for recording purposes until such notification is
received.
This chapter shall become effective in accordance with applicable
law and may be amended from time to time in accordance with procedure
established by law. No plan submitted prior to the effective date
of this chapter will be subject to the more stringent regulations
under this chapter.
Nothing contained in this chapter shall relieve the owner or developer from complying with the applicable provisions of Chapter 450, Zoning, as amended, and all other applicable ordinances, regulations and requirements of the Township. It is the expressed intent that the Carroll Township Subdivision and Land Development Ordinance and Chapter 450, Zoning, be reinforceable and together foster the stated planning goals and objectives of the Township.
