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Township of Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
101.1 
This ordinance shall be known as and may be cited as the "Uwchlan Township Subdivision and Land Development Ordinance of 2013."
101.2 
This ordinance shall become effective five days after adoption and shall remain in effect until modified, amended, or rescinded by the Board of Supervisors of Uwchlan Township.
The purpose of this ordinance is to support the policies of the Uwchlan Township Comprehensive Plan Update of 2010, as amended, the Uwchlan Township Open Space, Recreation, and Environmental Resources Plan (1993), as amended, and to support and complement the provisions of the Uwchlan Township Zoning Ordinance of 2009, as amended, and for the following purposes:
102.1 
To assist in the orderly, efficient, and integrated development of land in accordance with the Comprehensive Plan.
102.2 
To provide for a safe, convenient, and functional system of vehicular traffic on streets of such width, grade, and location as to accommodate prospective traffic as determined by existing and probable future land and building uses.
102.3 
To ensure coordination and conformance of subdivision and land development plans with the public improvement plans of the Township.
102.4 
To provide for the proper planning of community services and facilities at minimum cost and maximum convenience.
102.5 
To establish uniform standards and procedures, thereby assuring equitable and just processing of subdivision and land development plans and charging of review fees.
102.6 
To provide for arrangement of lots, units, open space and streets so as to assure open spaces for traffic, recreation, light, and air and the proper distribution of population, thereby creating conditions favorable to the general health, safety and welfare of the residents of the Township.
102.7 
To assure that sites proposed for subdivision or land development are suitable for development and human habitation.
102.8 
To encourage subdivisions and land development to be harmonious with and protective of the existing natural features and resources of Uwchlan Township.
102.9 
To provide for the planning and reservation of adequate areas for recreational use in new subdivisions according to prescribed standards.
102.10 
To provide for regulations to carry out such other purposes as are enabled by Article V, Section 503, of the Pennsylvania Municipalities Planning Code, as amended,[1] and regulated hereunder.
[1]
Editor's Note: See 53 P.S. § 10503.
103.1 
As stated in Article V, Section 501, of Act 247,[1] the Board of Supervisors may regulate subdivisions and land development within the Township by enacting a Subdivision and Land Development Ordinance.
[1]
Editor's Note: See 53 P.S. § 10501.
103.2 
No subdivision of any lot, tract or parcel of land or land development shall be effected, and no street, alley, sanitary sewer, stormwater sewer, water main, or other facilities in connection therewith shall be laid out, constructed, opened, or dedicated for public or private use, except in strict accordance with these regulations.
103.3 
No lot or unit in a subdivision or land development may be conveyed, no boundary line may be changed, no permit to erect, alter, or repair any building upon land in a subdivision or land development may be issued, and no building may be erected in a subdivision or land development unless and until a subdivision or land development plan has been approved and, where required, recorded and until the required improvements in connection therewith have either been constructed or the completion thereof has been secured by the providing of financial security, in form satisfactory to the Township, for 110% of the costs of completion as estimated by or approved by the Township Engineer.
A subdivision and/or land development shall be in conformity with this ordinance and all standards and specifications adopted as part of such ordinance.
In the interpretation and application of the provision of this ordinance, the said provisions shall be held to be minimum requirements for the promotion and protection of the public health, safety, and welfare. Where the provisions of this ordinance and all standards and specifications adopted under it impose greater restrictions than those of any statute, other ordinance, or regulations, the provisions of this ordinance and its standards and specifications shall be controlling. Where the provisions of any statute, other ordinance or regulations impose greater restrictions than this ordinance, the provisions of such statute, ordinance, or regulation shall be controlling.
If any article, section, subsection, paragraph, clause, or provision of this ordinance shall be declared by a court of competent jurisdiction to be unconstitutional, illegal, or invalid, such decision shall not affect the validity of any remaining provisions of this ordinance.
The Board of Supervisors shall have jurisdiction and control of subdivision and land development within the Township limits. In order that the actions of the Board of Supervisors under this Subdivision and Land Development Ordinance may be correlated with all relevant data and procedures, the Board of Supervisors hereby designates the Township Planning Commission as the agency of the Board of Supervisors:
107.1 
To which all applications relating to either preliminary or final approval of subdivision and land development plans shall be referred upon submission to the Board of Supervisors;
107.2 
With which applicants shall hold all preliminary consultations relating to the plans;
107.3 
Which shall make recommendations to the Board of Supervisors concerning approval, disapproval, modification and conditions of approval of such plans; and
107.4 
Which shall make recommendations to the Board of Supervisors concerning the interpretation of and the granting of waivers to provisions and standards of this ordinance.
All ordinances and part of ordinances inconsistent herewith are herby repealed to the extent that such ordinances or parts of ordinances are inconsistent herewith. Ordinance No. 79-2, Subdivision and Land Development Ordinance, Uwchlan Township, of 1979, and subsequent amendments thereto, are hereby specifically repealed.