This chapter shall be known and may be cited as the "Lower Providence Township Subdivision and Land Development Ordinance of 1985."
This Part 1 has been prepared in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, P.L. 805, as amended,[1] and the Lower Providence Comprehensive Plan for the following purposes:
A. 
To assist the orderly, efficient, integrated and harmonious development of the Township.
B. 
To ensure that the layout and arrangement of subdivision or land development plans are in conformance with the Lower Providence Comprehensive Plan, Chapter 143, Zoning, as amended, and with any other adopted regulations or maps which affect subdivisions and land developments.
C. 
To provide equitable handling of all subdivision and land development proposals by providing uniform procedures and standards for observance by subdividers, developers, the Planning Commission and the Board of Supervisors.
D. 
To ensure that streets in and bordering a proposed development be coordinated with existing or proposed streets, or other features of the Township, and be of such widths and grades and in such locations as deemed necessary to accommodate prospective traffic and parking and to facilitate fire protection.
E. 
To provide adequate open space for traffic, recreation, light and air and for proper distribution of population, thereby promoting the health, safety and general welfare of the residents of Lower Providence and the highest quality environment obtainable.
F. 
To ensure conformance of subdivision and land development plans with the availability and development of public facilities and municipal services in Lower Providence Township and to ensure the coordination of intermunicipal, county and commonwealth improvement plans and programs.
G. 
To provide procedures and standards for appropriately locating and recording all public and private easements and rights-of-way for utilities and for storm drainage facilities.
H. 
To ensure that any lands offered for dedication or otherwise reserved for public use or common grounds shall be of a size, location, configuration and topographical character suitable for their designated uses.
I. 
To preserve floodplains and low-lying areas from subdivision or land developments which would further increase or aggravate the existing flooding or would endanger life or property.
J. 
To encourage and promote flexibility, economy and ingenuity in the layout and design of subdivisions and land developments, including provisions authorizing the Board of Supervisors to modify the requirements of this Part 1 in order to encourage concepts and practices consistent with modern and evolving generally accepted principles of site planning and land development.
K. 
To encourage and promote energy conservation in the layout and design of subdivisions and land developments, both during and after construction.
L. 
To prevent or eliminate damage to the environment by regulating all grading activities within the Township, to prevent soil erosion and to provide sedimentation control of Township streams, consistent with the mandates of the National Environmental Policy Act of 1969 and Article I, Section 27, (the Environmental Amendment) of the Pennsylvania Constitution.
M. 
To encourage alternative routes of travel for pedestrian and bicycle use in open space areas and for access to activity centers and to provide standards for the safe development of these routes.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The provisions of this Part 1 shall be held to be the minimum requirements to meet the above-stated purposes. Where the provisions of this Part 1 impose greater restrictions than those of any other statute, ordinance or regulations, then the provisions of this Part 1 shall prevail. Where the provisions of any other statute, ordinance or regulations impose greater restrictions than those of this Part 1, the provisions of such statute, ordinance or regulations shall take precedent.
A. 
Subdivision of a lot or construction, opening or dedication of a street. No subdivision or land development of any lot, tract or parcel of land shall be made, and no street, alley, sanitary sewer, storm drain, water main or gas, oil or electric transmission line, or other improvements in connection therewith, shall be laid out, constructed or dedicated for public use or travel or for the common use of occupants of a building abutting thereon, except in strict accordance with this Part 1.
B. 
Sale of lots, issuance of building permits or erection of structures. No lot in a subdivision or land development may be sold, and no permit to erect, alter or repair any structures in a subdivision or land development may be issued until the following conditions have been met:
(1) 
A subdivision or land development plan has received final approval from the Township and, where required, has been recorded with the County Office of the Recorder of Deeds.
(2) 
Either the required improvements from the lot or structure to an existing dedicated road have been constructed or until a deposit of financial security to guarantee the completion of any required improvements or common amenities has been received by the Township in accordance with the laws of the Commonwealth of Pennsylvania and the requirements of this Part 1.
The sale of units as condominiums under the Pennsylvania Uniform Condominium Act of 1980,[1] as amended, shall be permitted in accordance with this Part 1, and no provision of this Part 1 shall be construed to prohibit the condominium form of ownership.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.