This chapter shall be known and may be cited as the "Ephrata Borough
Subdivision and Land Development Ordinance." This chapter shall take effect
at the earliest date permitted by law.
This chapter has been prepared in accordance with the Pennsylvania Municipalities
Planning Code (53 P.S. § 10101 et seq., Act No. 1988-170, as amended);
the Clean Streams Law (Pennsylvania Act 1987 of 1937, as amended[1]); the Stormwater Management Act (Pennsylvania Act 167 of 1978,
as amended[2]); the Scenic Rivers Act (Pennsylvania Act 283 of 1972[3]); the Clean Waters Act (United States Water Pollution Control,
33 U.S.C., § 1251); and the Ephrata Borough Comprehensive Plan for
the following purposes:
A.
To assure sites suitable for building purposes and human
habitation.
B.
To assist the orderly, efficiently 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 assure adequate and coordinated stormwater management,
water supply, wastewater management and other appropriate utility services.
F.
To ensure coordination of subdivision and land development
plans with borough, inter-municipal, county and commonwealth improvement plans.
G.
To prevent or eliminate damage to the environment and
to encourage productive and enjoyable harmony between man and his environment.
H.
To secure equitable handling of all subdivision and land
development plans by providing uniform procedures and standards.
I.
To protect the social and economic stability of the borough
and conserve the value of land and buildings in the borough.
J.
To create conditions favorable to the health, safety
and general welfare of the residents of Ephrata Borough.
The provisions of this chapter shall be held to be the 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 provision of such statute, ordinance or regulation shall
prevail.
This chapter has been prepared under the authority and is consistent
with the provisions of the Pennsylvania Municipalities Planning Code (53 P.S.
§ 10101 et seq., Act 1988-170, as amended) and is in accordance
with the authority granted to Ephrata Borough under the Borough Code. This
chapter is intended to further the objectives of Article 1, § 27,
of the Constitution of the Commonwealth of Pennsylvania and of the Ephrata
Borough Comprehensive Plan.
A.
From and after the effective date hereof, the Borough
Council of Ephrata shall have the authority to regulate subdivision and land
development within the borough.
B.
Borough Council shall have the jurisdiction of subdivision
and land development within the borough limits. Borough Council hereby decrees
that the Planning Commission of Borough shall serve the following functions:
(1)
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.
(2)
The Planning Commission shall make recommendations to
Borough Council concerning approval, disapproval, modification and/or conditions
for approval of such plans.
(3)
The Planning Commission shall make recommendations to
Borough Council concerning the interpretation of the granting of modifications
to provisions and standards of this chapter.
The grant of a permit or approval of a plan for any proposed subdivision
and/or land development to be located within any designated floodplain area
or district shall not constitute a representation, guarantee or warranty of
any kind by the Borough of Ephrata or by any official or employee thereof
of the practicability or safety of the proposed use.
