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Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
Code
New Laws (4) Index Notes (1)
[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) 
To assist in the orderly, efficient and integrated development of land in accordance with the Comprehensive Plan;
(b) 
To promote, protect, and facilitate the public health, safety and welfare of the community;
(c) 
To assure that sites are suitable for building purposes and human habitation;
(d) 
To facilitate efficient movement of people and goods;
(e) 
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) 
To provide a systematic and uniform procedure for reviewing plans to ensure equitable processing of all subdivision and land development proposals; and
(g) 
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) 
All plans submitted to the Township Council shall be referred to the Planning Commission for review.
(b) 
The Planning Commission shall make recommendations to the Township Council concerning plan approval, disapproval and modification, and the reasons for such determination.
(c) 
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) 
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) 
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) 
Definitions. In these Regulations, except where context clearly indicates otherwise, the following words and phrases have the meanings indicated:
ACCELERATED EROSION
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.
ACT
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.
ALLEY
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
APPLICANT
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.
APPLICATION FOR 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.
AUTHORITY
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."
AUTHORITY, TOWNSHIP SEWER
The Upper Providence Township Sewer Authority.
BLOCK
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.
BUILDING
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.
BUILDING SETBACK LINE
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.
BUFFER
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.
BUILDING
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.
BUILDING SETBACK LINE
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.
CALIPER
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.
CARTWAY
The portion of a street right-of-way, paved or unpaved, customarily used by vehicles in the regular course of travel over the street.
CLEAR SIGHT TRIANGLE
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.
COMMON OPEN SPACE
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.
CONDOMINIUM
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.
CONSTRUCTION
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.
COUNCIL
The Township Council of Upper Providence Township.
CRITICAL AREAS
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."
CRITICAL ROOT ZONE
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.
dBH
The diameter of a tree at breast height, measured 4 1/2 feet from the average level of ground surface. DBH shall apply to all existing trees.
DESIGN STANDARDS
Minimum standards in the layout by which a subdivision or land development is developed.
DETENTION BASIN
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.
DEVELOPER
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.
DRAINAGE FACILITIES
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.
DRIVEWAY
A private vehicular and pedestrian access between a public street and a parking area within a lot or property.
EARTH-MOVING ACTIVITY
Activity resulting in the movement of earth or stripping of vegetative cover from the earth.
EASEMENTS
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.
EROSION
The movement of soil by the action of wind or water.
FLOOD PLAIN
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.
GUARANTEE, MAINTENANCE
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.
GUARANTEE, PERFORMANCE
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.
IMPERVIOUS SURFACE
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]
IMPROVEMENTS
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, PUBLIC
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
Land development may include any of the following activities.
(1) 
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
A. 
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
B. 
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.
(2) 
A subdivision of land.
(3) 
Development in accordance with Section 503(1.1) of the Act.
LANDOWNER
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.
LANE, ACCELERATION OR DECELERATION
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.
LOT
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.
LOT AREA
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%
LOT, CORNER
A lot situated at the intersection of two streets, with the interior angle intersection not exceeding 135°.
LOT, FLAG
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.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on a major thoroughfare and a local street with vehicular access solely from the latter.
LOT WIDTH
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.
MARKER
A metal pipe or pin of at least 1/2 inch diameter and at least 24 inches in length.
MATURE TREE
Any tree greater than or equal to 12 inches DBH, and exhibiting growth characteristics typical of the species.
MOBILE HOME
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.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
MONUMENT
A permanent survey reference point of stone or concrete.
PLAN
(1) 
AS BUILTA corrected final plan, showing dimensions and the location of all streets and other improvements as actually constructed.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
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.
PLANNING COMMISSION
The Planning Commission of Upper Providence Township.
PLANNER, TOWNSHIP
A professional planner or planning firm designated by Upper Providence Township to perform the duties of planner, as herein specified.
PLAT
The map or plan for a subdivision or land development, whether preliminary or final.
PUBLIC NOTICE
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.
RESERVE STRIP
A parcel of ground in separate (sometimes public) ownership which separates a street from other adjacent properties or from another street.
RIGHT-OF-WAY
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.
RIPARIAN BUFFERS
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.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by water.
SEWAGE FACILITIES
(1) 
INDIVIDUAL, ON-SITE SYSTEMThe disposal of sewage, by safe and healthful means, within the confines of the lot on which the use is located.
(2) 
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.
(3) 
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.
SHADE TREE
A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these Regulations.
SHADOW ANALYSIS
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.
SHALLOW GROUNDWATER SOILS
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).
SIGHT DISTANCE
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.
(1) 
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.
(2) 
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.
SOIL PERCOLATION TEST
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.
SOLAR ENERGY
Energy (direct, diffused, or reflected) received from the sun at wave-lengths suitable for conversion into thermal, chemical, or electrical energy.
SOLAR SKYSCAPE
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.
SPECIMEN TREE
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.
STATUTORY REVIEW PERIOD
The length of time, cited in the Act, required for the Township's review of preliminary and final plans for subdivision and land development.
STEEP SLOPES
Those areas of the Township where the slope exceeds 15% as defined by the Upper Providence Township Zoning Ordinance.
(1) 
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.
(2) 
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.
STORM WATER
Water which surfaces, flows, or collects during and subsequent to rainfall or snowfall.
STREET
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".
(1) 
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.).
(2) 
CUL-DE-SAC STREETA local street intersecting another street at one end, and terminating at the other end by a permanent vehicular turn-around.
(3) 
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.
(4) 
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.
(5) 
MAJOR STREET (ARTERIAL)Any street or road owned by PennDOT.
[Amended 8-10-2023 by Ord. No. 549]
(6) 
PRIVATE STREETA local street which serves only abutting lots and is not offered or required to be offered for dedication.
(7) 
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.
STRUCTURE
Any man-made object having an ascertainable stationary location on land or water, whether or not affixed to the land.
SUBDIVISION
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.
(1) 
MAJORAny subdivision of land into three or more lots and/or requiring the installation of public improvements.
(2) 
MINORA subdivision in which:
A. 
No street is to be constructed or widened;
B. 
No other improvements that require a bond or escrow as a performance guarantee are to be constructed;
C. 
No earth-moving activities will take place, except those normal to construction of a single-family dwelling on each lot; and
D. 
No more than two lots are created.
SURFACE WATER BODY
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.
SURVEYOR
A licensed surveyor registered in the Commonwealth of Pennsylvania.
TOWNSHIP
The Township of Upper Providence.
TREE DRIP LINE
A line delineating the perimeter of a tree crown when the outer edges of the crown are projected vertically downward to the ground.
TREE MASS
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.
WATERCOURSE
A permanent stream, intermittent stream, river, brook, creek, or a channel or ditch for water, whether natural or man-made.
WATER SUPPLY
(1) 
INDIVIDUAL SYSTEMA safe, healthful, and adequate supply of water to a single user from a private well on the lot of the user.
(2) 
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.
WATER SURVEY
An inventory of the source, quantity, yield, and use of ground water and surface water resources within Upper Providence.
WETLAND BUFFER
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
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:
(1) 
At least periodically, the land supports predominantly hydrophytes;
(2) 
The substrate is predominantly undrained hydric soil; and
(3) 
The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of the year.
[Ord. No. 198, passed 12-14-1989; Ord. No. 434, passed 5-8-2008]
(a) 
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) 
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) 
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) 
No section of these Regulations shall be construed to prohibit condominium ownership as permitted by the Pennsylvania Uniform Condominium Act.
(e) 
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) 
All improvements within the tract undergoing subdivision or land development;
(2) 
The improvement of adjacent public facilities, including street and drainage facilities which border upon the tract; and
(3) 
The installation or enhancement of off-site improvements needed to serve adequately the subdivision or land development.