This chapter shall be known and may be cited
as the "Borough of Downingtown Subdivision and Land Development Ordinance
of 1990."
This chapter has been prepared in accordance
with the Pennsylvania Municipalities Planning Code (Act 247, as amended,
P.L. No. 170, enacted December 21, 1988) and the Borough of Downingtown Comprehensive Plan for
the following purposes:
A. To assure sites suitable for building purposes and
human habitation.
B. To assist orderly, efficient, integrated and harmonious
development of the Borough.
C. To coordinate proposed streets with existing streets
or other proposed streets, parks or other features of the Borough.
D. To provide adequate open spaces for traffic, recreation,
light and air and for the proper distribution of population.
E. To ensure coordination of subdivision and land development
plans with Borough, intermunicipal, county and commonwealth improvement
plans.
F. To prevent or eliminate damage to the environment
and biosphere and to encourage productive and enjoyable harmony between
man and his environment, consistent with the mandates of the National
Environmental Policy Act of 1969 and Article 1, § 27 (the
Environmental Amendment) of the Pennsylvania Constitution.
G. To secure equitable handling of all subdivision and
land development plans by providing uniform procedures and standards.
H. To protect the social and economic stability of the
Borough, and to conserve the value of land and buildings in the Borough.
I. To create conditions favorable to the health, safety
and general welfare of the citizens of the Borough.
J. To promote the efficient and safe movement of pedestrians, bicycles,
and other forms of transportation.
[Added 9-6-2017 by Ord.
No. 2017-03]
The provisions of this chapter shall be held
to be minimum requirements to meet the above-stated purposes. Where
the provisions of this chapter impose greater restrictions than those
of any statute, other ordinance or regulation, the provisions of this
chapter shall prevail. Where the provisions of any statute, other
ordinance or regulation impose greater restrictions than those of
this chapter, the provisions of such statute, ordinance or regulation
shall prevail.
From and after the effective date hereof, the
Borough Council shall have the authority to regulate subdivision and
land development within the Borough.
The Borough Council shall have the jurisdiction
of subdivision and land development within the Borough limits. In
order to aid the Borough Council in its consideration of subdivision
and land development, the Borough Council hereby decrees that the
Planning Commission of the Borough of Downingtown shall serve the
following functions:
A. All plans, whether major or minor, upon submission
to the duly authorized representative of the Borough shall be referred
to the Planning Commission for review.
B. The Planning Commission shall make recommendations
to the Borough Council concerning approval, disapproval, modification
and/or conditions for approval of such plans.
C. The Planning Commissioner shall make recommendations
to the Borough Council concerning the interpretation of the granting
of modifications to provisions and standards of this chapter.