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and shall remain in effect until modified, amended, or rescinded by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.
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.