Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
A. 
This chapter shall be known as the "Upper Chichester Township Subdivision and Land Development Ordinance."
B. 
This chapter shall become effective immediately upon adoption, and shall remain in effect until modified, amended, or rescinded by the Board of Commissioners of Upper Chichester Township.
The Board of Commissioners of the Township of Upper Chichester, by authority of Section 501 of the Pennsylvania Municipalities Planning Code,[1] Act 247 of 1968 as amended by Act 170 of 1988, hereby adopts Ordinance No. 512 and 512-A[2] known as "The Upper Chichester Township Subdivision and Land Development Ordinance of 1992."
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
[2]
Editor's Note: See also § 505-10.
The regulations set forth have been established for the following purposes:
A. 
To promote, protect, and provide for the public safety, health and general welfare of the citizens of Upper Chichester Township.
B. 
To ensure that the layout or arrangement of subdivisions or land developments conforms not only to provisions of this chapter but also to any applicable ordinance, map, or comprehensive plan of the Township.
C. 
To facilitate efficient and adequate transportation, water, sewage, parks, recreation, and other public requirements and facilities.
D. 
To protect social and economic stability and preserve the value of land and improvements in the Township.
E. 
To ensure coordination and conformance of subdivision and land development plans with infrastructure improvement plans of the Township, such as traffic circulation, sewer expansion, etc.
F. 
To provide a systematic and uniform procedure for reviewing plans to ensure equitable processing of all subdivision and land development proposals.
G. 
To promote the interrelationship of land use and building design to facilitate the conservation of natural resources and energy resources.
H. 
To stimulate flexibility, economy, and ingenuity in the design of subdivisions and land developments and the improvements thereon and to encourage modern development practices of site planning.
In interpreting and applying the provisions of this chapter, all requirements, unless specifically stated otherwise, shall be held to be minimums for promoting the above mentioned purposes. Where the provisions of this chapter impose greater restrictions than those of any other statute, ordinance, or regulation, the more restrictive regulations shall be controlling.
This chapter shall apply to all subdivisions and land developments undertaken wholly or partly within Upper Chichester Township.
A. 
No subdivision or land development of any lot, tract, or parcel of land shall be made, and no street, sanitary sewer, water main, gas, oil, or electric transmission line, 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 abutting thereon, except in accordance with the Subdivision and Land Development Ordinance regulations adopted herein. Conveyances, resubdivisions, and reverse subdivisions, and reverse subdivisions shall be considered new subdivisions.
B. 
No lot in a proposed subdivision or land development may be sold, and no final permit to erect any building in a subdivision or land development may be issued, unless and until a final plan has been approved and recorded and either the required improvements in connection therewith have been constructed or the Township has been assured by means of letter of credit, corporate bond, or other security acceptable to the Township that the improvement will subsequently be installed.
All subdivisions and land developments in Upper Chichester Township shall be subject to the following codes and regulations where applicable:
A. 
Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988,[1] as further amended by Act 2004-28 in 53 P.S. §§ 10503 and 10510.[2]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Department of Environmental Protection (DEP) regulations including but not limited to:
(1) 
Sewage facilities.
(2) 
Erosion and sediment pollution control.
(3) 
Stormwater management.
C. 
United States Army Corps of Engineers wetlands regulations.
D. 
Pennsylvania Department of Transportation state highway access regulations.
E. 
Upper Chichester Township ordinances, including but not limited to all codified and freestanding ordinances.
A. 
For subdivisions or land developments where the Board of Commissioners determines that extraordinary hardships or difficulties may result from strict compliance with these regulations, and the purposes of these regulations may be served to a greater extent by an alternative proposal, the Board of Commissioners may authorize a waiver of the requirements of this chapter so that substantial justice may be done. Such action shall be consistent with the public interest and with the character of the community.
B. 
Exceptions to the provisions of this chapter may be authorized by the Board of Commissioners in cases where a literal enforcement of this chapter would hinder site plans plainly showing special economy, imaginative design, or creative use of resource.
A. 
Any person, partnership, or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership, or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination or a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any persons or entity other than the Township the right to commence any action for enforcement of this section.
Enacted and ordained this 11th day of June 1992 and modified by Ordinance 512-A, adopted July 9, 1992.