These regulations, rules and standards for planning, subdividing and developing land within Lower Paxton Township, including procedures for application, administration, and penalties for violation, shall be known, cited, and referred to as "Chapter 180, Lower Paxton Township Subdivision and Land Development Ordinance of 2010."
The general purpose of this chapter shall be to guide and regulate
the harmonious planning, subdivision, and development of land in order
to promote and protect the public health, safety, convenience, comfort,
prosperity, and general welfare of the residents of Lower Paxton Township
by:
A.
Ensuring the orderly and effective integration of subdivisions
and land development into the development of the Township,
B.
Ensuring sites suitable for building purposes and human
habitation.
C.
Ensuring conformance of subdivision plans with public improvement
plans and programs.
D.
Ensuring coordination of inter-municipal public improvement
plans and programs.
E.
Ensuring the protection of water resources and drainageways
and other natural features.
F.
Ensuring the efficient movement of traffic.
G.
Ensuring the management of stormwater runoff problem areas.
H.
Ensuring the equitable handling of all subdivision plans
by providing uniform standards and procedures.
I.
Ensuring the greater health, safety, and welfare of the
citizens of the Township.
J.
Ensuring the efficient and orderly extension of community
services and facilities at minimum cost and maximum convenience.
K.
Providing for and protecting amenity, convenience, future
governmental economic, practical, social and cultural facilities,
development and growth, as well as the improvement of governmental
procedures and functions.
L.
Providing uses of land and structures, type and location
of streets, public grounds, and other facilities.
M.
Minimizing such problems as may presently exist or which
may be foreseen.
A.
The Lower Paxton Township Board of Supervisors shall have
the authority to approve or disapprove all preliminary and final subdivision
or land development plan applications as required herein.
B.
The Lower Paxton Township Planning Commission is hereby
designated as the agency which shall review and make recommendations
on all subdivision and land development plan applications as required
herein, prior to action on the same by the Board of Supervisors.
C.
All applications for subdivision and land development shall
be forwarded, upon receipt by Lower Paxton Township, to the Dauphin
County Planning Commission with appropriate application and fees submitted
and paid by the applicant, for review and report. The Board of Supervisors
shall not approve such applications until the county report is received
or until the expiration of 30 days from the date the application was
forwarded to the County Planning Commission. As evidence of their
review and report, officials of the County Planning Commission will
sign final plans which have been formally approved by the Township
before such plans are presented for recording at the Dauphin County
Recorder of Deeds office.
A.
No subdivision or land development of any lot, tract or
parcel of land located in Lower Paxton Township shall be effected,
and no street, sanitary sewer, water main, or other facilities 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 a final subdivision or land development
plan as herein required has been approved by the Board of Supervisors
and publicly recorded in the manner prescribed herein.
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 or land
development plan has been approved by the Board of Supervisors and
recorded, and until completion of the construction of all of the required
improvements or adequate financial security has been provided as required
in the manner prescribed herein.
C.
Unit or condominium land development of real property is
included within the meaning of land development as defined herein
and must comply with these regulations. Such compliance shall include,
but not be limited to, the filing of preliminary and final plans,
payment of established fees and charges, location of each structure
and clear definition of each unit, public easements, common areas,
improvements and all easements appurtenant to each unit.
D.
All subdivision and land development plans are subject
to zoning regulations as they apply to use and density requirements,
setbacks, height, parking and other such zoning related requirements.
A.
In interpreting and applying the provisions of this chapter,
said provisions shall be held as the minimum requirements for the
promotion of public health, safety, comfort, convenience, and greater
welfare.
B.
In any case where a provision of this chapter is found
to conflict with a provision of the Zoning Ordinance of Lower Paxton
Township, the more restrictive standard shall apply unless the context
of the Zoning Ordinance intends otherwise. In any case where a provision
of this chapter is found to conflict with a provision of a zoning,
building, fire, safety or health ordinance or code of Lower Paxton
Township or law, rule or regulation of the Commonwealth of Pennsylvania,
the provisions which establish the more restrictive standard for the
promotion of the health and safety of the people shall prevail.
C.
In the case of any conflicts, discrepancies, ambiguities
or other similar situations requiring interpretation, the Board of
Supervisors of Lower Paxton Township shall have the sole duty and
authority to interpret the provisions of this chapter. The Board of
Supervisors may however, rely upon the advice and technical guidance
of those officials of the Township having regulatory duties in reviewing
and enforcing this chapter.
D.
The exhibits attached to this chapter are for illustrative purposes only and are subject to change by resolution of the Board of Supervisors.
