[Ord. No. 198,
passed 12-14-1989]
This Title Four of Part Twelve of these Codified Ordinances
shall be known as the Upper Providence Township Subdivision and Land
Development Ordinance of 1989 and shall be referred to hereinafter
as "these Subdivision Regulations" or just "these Regulations." These
Regulations shall become effective five days after their enactment.
[Ord. No. 198,
passed 12-14-1989]
These Regulations are designed in accordance with the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended, the Upper
Providence Township Comprehensive Plan, and the Upper Providence Township
Zoning Ordinance, for the following purposes:
(a)Â
To assist in the orderly, efficient and integrated development of
land in accordance with the Comprehensive Plan;
(b)Â
To promote, protect, and facilitate the public health, safety and
welfare of the community;
(c)Â
To assure that sites are suitable for building purposes and human
habitation;
(d)Â
To facilitate efficient movement of people and goods;
(e)Â
To ensure coordination and conformance of subdivision and land development
plans with improvement plans of the Township, whether they be traffic
circulation, community services, etc.;
(f)Â
To provide a systematic and uniform procedure for reviewing plans
to ensure equitable processing of all subdivision and land development
proposals; and
(g)Â
To promote relationships between land use and building design that
facilitate the conservation of energy resources.
[Ord. No. 198,
passed 12-14-1989]
In interpreting and applying the provisions of these Regulations,
all requirements shall be held to be minimum requirements for promoting
the above mentioned purposes. Where the provisions of these Regulations
impose greater restrictions than those of any other statute, ordinance
or regulation, the more restrictive regulations shall be controlling.
[Ord. No. 198,
passed 12-14-1989]
The Township Council for Upper Providence shall have the authority
to regulate subdivision and land development within the Township by
enacting these Regulations. This is in accordance with the provisions
of the Municipalities Planning Code, Article V, Section 501, as amended.
[Ord. No. 198,
passed 12-14-1989]
The Township Council shall have jurisdiction of subdivision
and land development within the Township. In order that the actions
of the Township Council under these Regulations may be correlated
with all relevant data and procedures, the Township Council hereby
designates the Township Planning Commission as its planning agency.
(a)Â
All plans submitted to the Township Council shall be referred to
the Planning Commission for review.
(b)Â
The Planning Commission shall make recommendations to the Township
Council concerning plan approval, disapproval and modification, and
the reasons for such determination.
(c)Â
The Planning Commission shall make recommendations to the Township
Council concerning the interpretation or the granting of modifications
to provisions and standards of these Regulations.
(d)Â
The Planning Commission shall keep a full record of its business
and shall annually, by March 1, of each year, make a written report
of its activities to the Township Council.
[Ord. No. 198,
passed 12-14-1989]
Should any section or provision of these Regulations be declared
by a court to be unconstitutional or invalid for any reason, such
decision shall not affect the validity of these Regulations as a whole
or any part thereof other than the part declared to be unconstitutional
or invalid.
[Ord. No. 198,
passed 12-14-1989]
The following ordinances are specifically repealed upon the
legally effective date of these Regulations: Chapter 64, Subdivision
of Land, Code of the Township of Upper Providence, as amended.
All other ordinances, to the extent that they are inconsistent
herewith, are hereby replaced upon the legally effective date of these
Regulations.
[Ord. No. 198,
passed 12-14-1989; Ord. No. 389, passed 10-28-2004; Ord. No. 404, passed 1-12-2006; Ord. No. 405, passed 1-12-2006; Ord. No. 414, passed 7-13-2006]
(a)Â
Language interpretations. As used in these Regulations, words in
the singular include the plural and those in the plural include the
singular. The word "person" includes a corporation and an unincorporated
association, and a partnership, as well as an individual. The word
"may" is permissive; the words "shall" and "will" are mandatory.
(b)Â
ACCELERATED EROSION
ACT
ALLEY
APPLICANT
APPLICATION FOR DEVELOPMENT
AUTHORITY
AUTHORITY, TOWNSHIP SEWER
BLOCK
BUILDING
BUILDING SETBACK LINE
BUFFER
BUILDING
BUILDING SETBACK LINE
CALIPER
CARTWAY
CLEAR SIGHT TRIANGLE
COMMON OPEN SPACE
CONDOMINIUM
CONSTRUCTION
COUNCIL
CRITICAL AREAS
CRITICAL ROOT ZONE
dBH
DESIGN STANDARDS
DETENTION BASIN
DEVELOPER
DRAINAGE FACILITIES
DRIVEWAY
EARTH-MOVING ACTIVITY
EASEMENTS
EROSION
FLOOD PLAIN
GUARANTEE, MAINTENANCE
GUARANTEE, PERFORMANCE
IMPERVIOUS SURFACE
IMPROVEMENTS
IMPROVEMENTS, PUBLIC
LAND DEVELOPMENT
(1)Â
A.Â
B.Â
(2)Â
(3)Â
LANDOWNER
LANE, ACCELERATION OR DECELERATION
LOT
LOT AREA
LOT, CORNER
LOT, FLAG
LOT, REVERSE FRONTAGE
LOT WIDTH
MARKER
MATURE TREE
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MONUMENT
PLAN
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
PLANNING COMMISSION
PLANNER, TOWNSHIP
PLAT
PUBLIC NOTICE
RESERVE STRIP
RIGHT-OF-WAY
RIPARIAN BUFFERS
SEDIMENT
SEWAGE FACILITIES
(1)Â
(2)Â
(3)Â
SHADE TREE
SHADOW ANALYSIS
SHALLOW GROUNDWATER SOILS
SIGHT DISTANCE
(1)Â
(2)Â
SOIL PERCOLATION TEST
SOLAR ENERGY
SOLAR SKYSCAPE
SPECIMEN TREE
STATUTORY REVIEW PERIOD
STEEP SLOPES
(1)Â
(2)Â
STORM WATER
STREET
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
STRUCTURE
SUBDIVISION
(1)Â
(2)Â
A.Â
B.Â
C.Â
D.Â
SURFACE WATER BODY
SURVEYOR
TOWNSHIP
TREE DRIP LINE
TREE MASS
WATERCOURSE
WATER SUPPLY
(1)Â
(2)Â
WATER SURVEY
WETLAND BUFFER
WETLANDS
Definitions. In these Regulations, except where context clearly indicates
otherwise, the following words and phrases have the meanings indicated:
The removal of the surface of the land through the combined
action of man's activities and natural processes at a rate greater
than would occur from natural processes alone.
The Pennsylvania Municipalities Planning Code (MPC) of July
31, 1968, 53 P.S. 10101, et seq. (Act No. 247), as amended by Act
170 of 1988, and as may be hereinafter amended.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
A landowner or developer or his or her authorized agent,
including his or her heirs, successors and assignees, who has filed
an application for subdivision or land development.
Every application, whether preliminary, tentative, or final,
which is required to be filed and approved prior to start of construction
of development, including, but not limited to, an application for
a building permit, for the approval of a subdivision plot or plan,
or for the approval of a development plan.
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
The Upper Providence Township Sewer Authority.
A tract of land bounded by streets, or by a combination of
streets and public lands, right-of-ways, waterways, or boundary lines
of the Township.
Any combination of materials forming any structure, including
a mobile home, which is erected on the ground and which is designed,
intended, or arranged for the housing, sheltering, enclosure, or structural
support of persons, animals, or property of any kind.
Any established line within a property defining the minimum
required distance between any building to be erected and an adjacent
street right-of-way, in order to provide the front yard specified
by the Upper Providence Township Zoning Ordinance, provided that,
in the case of a flag lot, the building setback line shall be measured
from and parallel to a line indicating where lot width first coincides
with the required minimum lot width.
A landscaped area with no principal or accessory structures,
including parking lots and other paved areas, except for driveway
and utility crossings and pedestrian paths as permitted by the Township.
Any combination of materials forming any structure, including
a mobile home, which is erected on the ground and which is designed,
intended, or arranged for the housing, sheltering, enclosure, or structural
support of persons, animals, or property of any kind.
Any established line within a property defining the minimum
required distance between any building to be erected and an adjacent
street right-of-way, in order to provide the front yard specified
by the Upper Providence Township Zoning Ordinance, provided that,
in the case of a flag lot, the building setback line shall be measured
from and parallel to a line indicating where lot width first coincides
with the required minimum lot width.
The diameter of a tree trunk measured at a point six inches
above grade for trees of four-inch caliper size and less and measured
at 12 inches above grade for trees of greater than four-inch caliper.
Caliper measurement shall apply to newly installed trees.
The portion of a street right-of-way, paved or unpaved, customarily
used by vehicles in the regular course of travel over the street.
An area of unobstructed vision at a street intersection,
defined by lines of sight between points at a given distance from
the intersection of the center lines of the traveled ways, pursuant
to applicable Pennsylvania Department of Transportation standards.
A parcel or parcels of land, an area of water, or a combination
of land and water within a developed site (not including streets,
off-street parking areas, or areas set aside for public facilities)
designed and intended for the use and/or enjoyment of the development's
residents. It must be free of structures, except for structures used
as an accessory use for recreational uses (such as maintenance structures,
restrooms, etc.), but may contain such improvements as are in the
subdivision or development plan as finally approved and which are
appropriate for resident's recreation.
A form of ownership of real property, including an undivided
interest in a portion of a parcel together with a separate interest
in a space within a structure, and which is subject to the provisions
of the Pennsylvania Uniform Condominium Act of 1980.
The alteration of the building material or existing land
surface, including the cutting of trees or earth-moving activities
in anticipation of land development or the erection of structures
for incidental improvements thereon.
The Township Council of Upper Providence Township.
Areas within the Steep Slope Conservation District and/or
consisting of soils identified in the Soil Survey of Chester and Delaware
Counties, Pennsylvania (Table 3) as having a "severe hazard of erosion."
An area of soil containing roots necessary to support a tree
in good health. This area is to be protected from all construction
activities, including earth disturbance, compaction, foot or vehicle
traffic, and material stock piling. For tree protection measures during
construction, the critical root zone is defined as a circular area
with a radius equal to 12 times the tree's DBH or to the tree drip
line, whichever distance is greater. Sensitive or historically significant
trees will have larger critical root zones that should be established
by an experienced arborist.
The diameter of a tree at breast height, measured 4Â 1/2
feet from the average level of ground surface. DBH shall apply to
all existing trees.
Minimum standards in the layout by which a subdivision or
land development is developed.
A structure designed to retard surface run-off for a period
of time sufficient to cause the deposition of sediment and to reduce
the velocity and volume of the surface flows leaving a site, thus
preventing further erosion.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of diverting surface
waters from or carrying surface water off of streets, public right-of-ways,
parks, recreational areas, or any part of any subdivision, land development
or contiguous land areas.
A private vehicular and pedestrian access between a public
street and a parking area within a lot or property.
Activity resulting in the movement of earth or stripping
of vegetative cover from the earth.
A grant of one or more property rights by a property owner
to and/or for the use by the public, a corporation, and other person
or entity.
The movement of soil by the action of wind or water.
The low areas adjoining and including a watercourse or other
body of water (such as a pond, marsh or lake) within Upper Providence
Township and which are subject to inundation by a flood having a frequency
of recurrence of once in 100 years. The basis for delineation shall
be prescribed in the Upper Providence Zoning Ordinance.
Financial security which may be required of a developer by
the Township prior to the Township Council accepting dedication of
improvements following completion, in order to secure structural integrity
of said improvements as well as the functioning of said improvements
in accordance with the design and specifications as depicted on the
final plan for a term not to exceed 18 months from the date of acceptance
of dedication. Such security may include, but is not limited to, performance
bonds, escrow agreements, surety agreements, or irrevocable letters
of credit.
Any security which may be required of a developer by the
Township in lieu of the completion of any improvement required as
a condition for final approval of the applicant's subdivision plan
or land development plan. Such security may include, but is not limited
to, performance bonds, escrow agreements, surety agreements, or irrevocable
letters of credit.
A surface that prevents the infiltration of water into the
ground. Impervious surface includes, but is not limited to, any roof,
parking or driveway areas and any sidewalks. Any surface area designated
to initially be gravel or crushed stone shall be considered to be
impervious surface. Surfaces that are comprised of pervious pavers
shall be considered as impervious surfaces.
[Amended 10-12-2017 by Ord. No. 506]
Grading, paving, curbing, street lights and signs, landscaping,
water mains, hydrants, sanitary sewer mains (including laterals to
the street right-of-way line), storm drainage lines, storm water management
structures, sidewalks, monuments and all other additions to the tract
that are required by these Regulations or which are necessary to achieve
complete subdivision/land development to the fullest extent of the
term.
Improvements, including, but not limited to, those contained
under the definition of "Improvements," that are intended for dedication
to the Township, either in fee or by easement.
Land development may include any of the following activities.
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Act.
For purposes of these Regulations, the legal or beneficial
owner or owners of land, including the holder of an option or contract
to purchase (whether or not such option or contract is subject to
any condition); a lessee if he or she is authorized under the lease
to exercise the rights of landowner; or other person having a proprietary
interest in land.
A lane adjacent to the primary cartway and attached thereto
for use only by vehicles entering, leaving, or crossing a lane of
forward travel without interrupting the flow of traffic.
A designated parcel, tract, or area of land established by
a plat, or as otherwise permitted by law, which is to be used, developed,
or built upon as a unit.
The area contained within the property lines of the individual
parcel or parcels of land as shown on a subdivision plan, land development
plan or building plan excluding any area within any street right-of-way,
provided that, in the case of a flag lot, the lot area shall not include
the area of the access lane and deducting the following:
Feature
|
Percent of area deduction
| |
---|---|---|
Easements for stormwater management
|
100%
| |
Rights-of-way
|
100%
| |
Surface water
|
100%
| |
Wetlands
|
100%
| |
Slopes 25% or above
|
100%
| |
Slopes 15% up to 25%
|
70%
| |
Riparian buffers
|
100%
| |
Wetland buffers
|
50%
| |
Shallow ground water soils
|
50%
|
A lot situated at the intersection of two streets, with the
interior angle intersection not exceeding 135°.
A lot having a configuration such that its buildable portion
is behind other lots fronting directly onto a public street and to
which access is provided by a lane with a minimum width of 35 feet.
A lot extending between and having frontage on a major thoroughfare
and a local street with vehicular access solely from the latter.
The distance measured between the side lot lines at the required
building setback line. In no case shall the distance measured between
the side lot lines be less than 35 feet at the street right-of-way
line.
A metal pipe or pin of at least 1/2 inch diameter and at
least 24 inches in length.
Any tree greater than or equal to 12 inches DBH, and exhibiting
growth characteristics typical of the species.
A transportable, single-family dwelling intended for permanent
occupancy which is contained in one unit or in two or more units designed
to be joined into one internal unit capable of again being separated
for repeated towing, and which arrives at a site complete and ready
for occupancy except for minor and incidental unpacking, assembly
operations, and construction so that it may be used without a permanent
foundation.
A parcel of land in a mobile home park which has been improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which have been so
designed and improved that it or they contain two or more mobile home
lots for the placement thereon of mobile homes.
A permanent survey reference point of stone or concrete.
AS BUILTA corrected final plan, showing dimensions and the location of all streets and other improvements as actually constructed.
CONSERVATIONA plan to accompany preliminary and final plan submissions detailing stream channels, tree masses, and other natural features, and measures to protect the same, as well as methods for the control of erosion and sedimentation during construction.
FINALA complete and exact land development or subdivision plan, prepared by an engineer or surveyor who is registered in the Commonwealth of Pennsylvania, which defines property lines, proposed streets, drainage facilities, easements, and other improvements, and which is to be recorded upon approval.
IMPROVEMENT CONSTRUCTIONA plan, prepared by an engineer who is registered in the Commonwealth of Pennsylvania, showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts, and other improvements as required by these Regulations, and which shall include a horizontal plan, profiles, and cross-sections.
PRELIMINARYA land development or subdivision plan, prepared by an engineer, land planner, landscape architect or surveyor, being in lesser detail than a final plan and showing proposed property lines, streets, drainage facilities, easements, and other improvements for consideration prior to preparation of a final plan.
PROFILEA plan prepared by an engineer, land planner, landscape architect or surveyor showing the vertical section of the existing grade and proposed grade along the center line of any proposed street, as well as any street appurtenances to be constructed or installed and which must include a typical cross-section of the street construction. This is part of the required submission for an Improvement Construction Plan.
SKETCHA plan submitted for review and discussion prior to application for preliminary plan approval, but not necessarily to exact scale, which indicates the location of stream channels, tree masses, and other natural features and a general layout of the proposed subdivision or land development.
The Planning Commission of Upper Providence Township.
A professional planner or planning firm designated by Upper
Providence Township to perform the duties of planner, as herein specified.
The map or plan for a subdivision or land development, whether
preliminary or final.
Notice published once a week for two successive weeks in
a newspaper of general circulation in Upper Providence Township. Such
notice shall state the time and place of the hearing and the particular
nature of the manner to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A parcel of ground in separate (sometimes public) ownership
which separates a street from other adjacent properties or from another
street.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, telephone
line, oil or gas pipeline, water main, sanitary or storm sewer main,
including the surface and air space above the surface and the area
below the surface.
Those areas along watercourses, ponds, and other water bodies
so designated for the preservation or regeneration of natural vegetation
for the protection of surface water resources. A riparian buffer is
comprised of the area measured within 100 feet of the annual mean
high water edge (top of bank) or to the limit of the one-hundred-year
flood plain, whichever distance is greater.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
water.
INDIVIDUAL, ON-SITE SYSTEMThe disposal of sewage, by safe and healthful means, within the confines of the lot on which the use is located.
COMMUNITY SEWAGE COLLECTION, TREATMENT, AND/OR DISPOSAL SYSTEMA sanitary system in which sewage is carried from individual dischargers by a system of pipes to one or more common treatment and disposal facilities employing spray irrigation and/or subsurface land disposal techniques. Treatment and disposal may occur either on-site or off-site.
PUBLIC SEWAGE SYSTEMAn off-site system for the treatment and disposal of sewage in which sewage is conveyed by an interceptor to a publicly-operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Resources.
A tree in a public place, street, special easement, or right-of-way
adjoining a street as provided in these Regulations.
A graphic representation of shadows cast by mature landscaping,
screening, and structures, and plotted with regard to topography,
slope, and direction at 9:00 a.m., noon, and 3:00 p.m. on the date
of the winter solstice.
Those soils in which the groundwater surface is 18 inches
or less from the ground surface at certain times of the year as specified
by the USDA, NRCS "Soil Survey" or as determined by field investigation.
These soils include but may not be limited to the Chewacla Series
(Ch), Conowingo Series (Co), Glenville Series (Gn, Gs), Wehadkee Series
(We) and Worsham Series (Wo, Ws).
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is unobstructed by traffic.
OBJECT SIGHT DISTANCEShall be measured from a point 4.5 feet above the center line of the road surface to a point 0.5 feet above the center line of the road surface.
VEHICLE SIGHT DISTANCEShall be measured from a point 4.5 feet above the center line of the road surface to another point 4.5 feet above the center line of the road surface.
A field test conducted to determine the suitability of the
soil for on-site sanitary sewage disposal facilities by measuring
the absorptive capacity of the soil at a given location and depth.
Energy (direct, diffused, or reflected) received from the
sun at wave-lengths suitable for conversion into thermal, chemical,
or electrical energy.
The space between a given location and the sun which must
remain unobstructed between 9:00 a.m. and 3:00 p.m. mean solar time
(winter solstice) in order to permit sufficient solar energy to impinge
on that location to allow sufficient solar utilization.
A unique, rare, or otherwise specifically selected plant
or tree which most typically represents a whole class or group, specifically
in shape, form, historical importance, or any other characteristics
which may be designated as such by the Township.
The length of time, cited in the Act, required for the Township's
review of preliminary and final plans for subdivision and land development.
Those areas of the Township where the slope exceeds 15% as
defined by the Upper Providence Township Zoning Ordinance.
PRECAUTIONARY SLOPESThose areas of the Township sloping 15 feet to 25 feet vertical over a distance of 100 feet horizontal, or 15% to 25% slope on the United States Geological Survey Topographic Maps of the Regional Base Map Series of 1975 for the Media and Lansdowne Quadrangles.
PROHIBITIVE SLOPESThose areas of the Township sloping more than 25 feet vertical over a distance of 100 feet horizontal, or greater than 25% slope on the United States Geological Survey Topographic Maps of the Regional Base Map Series of 1975 for the Media and Lansdowne Quadrangles.
Water which surfaces, flows, or collects during and subsequent
to rainfall or snowfall.
A public (dedicated and accepted) or private (nonpublic)
right-of-way, built to Township public road standards, intended or
used as a means of vehicular and pedestrian circulation. The word
"street" includes, but is not limited to, the words "road," "highway,"
"thoroughfare" and "way".
COLLECTOR STREETA street designed and located to provide means to drain traffic off local streets and to provide access through traffic between residential neighborhoods and districts within the Township to major streets and/or a street used for access to nonresidential properties (i.e. commercial, industrial, professional, etc.).
CUL-DE-SAC STREETA local street intersecting another street at one end, and terminating at the other end by a permanent vehicular turn-around.
LOCAL STREETA local street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
MARGINAL ACCESS STREETA street parallel and adjacent to a major street, (but separated from it by a reserve strip) which provides access to abutting properties.
MAJOR STREET (ARTERIAL)Any street or road owned by PennDOT.
[Amended 8-10-2023 by Ord. No. 549]
PRIVATE STREETA local street which serves only abutting lots and is not offered or required to be offered for dedication.
SINGLE-ACCESS STREETA local street or streets, including, but not limited to, a cul-de-sac street with only one point of intersection with an existing Township or State road or with a proposed road having more than one access point.
Any man-made object having an ascertainable stationary location
on land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development, provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
MAJORAny subdivision of land into three or more lots and/or requiring the installation of public improvements.
MINORA subdivision in which:
No street is to be constructed or widened;
No other improvements that require a bond or escrow as a performance
guarantee are to be constructed;
No earth-moving activities will take place, except those normal
to construction of a single-family dwelling on each lot; and
No more than two lots are created.
Any earth surface covered permanently or seasonally by standing
or moving water, including waters of the Commonwealth, waters of the
United States, streams, lakes and ponds.
A licensed surveyor registered in the Commonwealth of Pennsylvania.
The Township of Upper Providence.
A line delineating the perimeter of a tree crown when the
outer edges of the crown are projected vertically downward to the
ground.
Areas, groves, or stands of mature trees (i.e. greater than
six inches in diameter, at a height of five feet from the ground)
covering an area greater than one-quarter of an acre; or groves of
mature trees (i.e. greater than 12 inches caliper at a height of five
feet from the ground) consisting of more than 10 individual trees.
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water, whether natural or man-made.
INDIVIDUAL SYSTEMA safe, healthful, and adequate supply of water to a single user from a private well on the lot of the user.
CENTRAL WATER SUPPLY SYSTEMA system for supplying water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on-site and/or off-site.
An inventory of the source, quantity, yield, and use of ground
water and surface water resources within Upper Providence.
Those areas adjacent to wetlands so designated for the preservation
or regeneration of natural vegetation for the protection of surface
water and ground water resources. A wetland buffer is comprised of
the area measured within 50 feet of the jurisdictionally determined
wetlands line.
Wetlands are transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or
the land is covered by shallow water. For purpose of this classification
wetlands must have one or more of the following three attributes:
[Ord. No. 198,
passed 12-14-1989; Ord. No. 434, passed 5-8-2008]
(a)Â
No lot, tract, or parcel of land shall be subdivided or developed,
and no street, alley, sanitary sewer, storm sewer, storm water management
facility, water main, or other facilities in connection therewith
shall be laid out, constructed, opened or dedicated for public use
or travel, or for the use of the buildings or structures thereon,
except in strict compliance with all of the provisions of Part 12
- Upper Providence Township Planning and Zoning Code, as from time
to time amended.
(b)Â
All subdivision and/or land development applications requiring a
variance and/or special exception shall be submitted to the Upper
Providence Township Planning Commission for review prior to submission
to the Upper Providence Township Zoning Hearing Board and/or Upper
Providence Township Council. The submission must meet a minimum of
sketch plan requirements.
(c)Â
No lot in a subdivision may be sold, no permit to build, alter or
repair any building on land in a subdivision or land development may
be issued, and no buildings may be erected in a subdivision or land
development, until a final subdivision and/or land development plan
has been approved and, where required, improvements have been completed
or their completion has been assured by a corporate surety bond or
the deposit in escrow of funds or securities sufficient to cover the
cost of the required improvements as estimated by the Township Engineer.
(d)Â
No section of these Regulations shall be construed to prohibit condominium
ownership as permitted by the Pennsylvania Uniform Condominium Act.
(e)Â
The scope of these Regulations shall include all matters over which,
by law, the Township is authorized to exercise control by enactment
and enforcement of these Regulations, including, but not necessarily
limited to:
(1)Â
All improvements within the tract undergoing subdivision or
land development;
(2)Â
The improvement of adjacent public facilities, including street
and drainage facilities which border upon the tract; and
(3)Â
The installation or enhancement of off-site improvements needed
to serve adequately the subdivision or land development.