[Ord. No. 321,
passed 12-10-1998]
An Ordinance providing for the administration, enforcement,
and amendment of this Ordinance in accordance with the provisions
of the Pennsylvania Municipalities Planning Code, as amended; and
permitting, prohibiting, regulating, restricting and determining:
A.
Uses of land, watercourses and other bodies of water;
B.
Size, height, bulk, location, erection, construction, repair, alteration,
razing, removal and use of structures;
C.
Areas and dimensions of land and bodies of water to be occupied by
uses and structures, as well as areas, courts, yards, and other open
spaces and distances to be left unoccupied by uses and structures;
and
D.
Density of population and intensity of use.
[Ord. No. 321,
passed 12-10-1998]
This Ordinance shall be known and be cited as the Upper Providence
Township Zoning Ordinance of 1998.
[Ord. No. 321,
passed 12-10-1998]
This Ordinance is adopted to assist in carrying out the statement
of objectives of the Upper Providence Township Comprehensive Plan
and the goals and objectives of the Township as may be modified by
Township Council from time to time. These objectives include but are
not limited to the following:
A.
To promote, protect and facilitate one or more of the following:
the public health, safety, general welfare, coordinated and practical
community development, proper density of population, provision of
adequate light and air, vehicle parking and loading space, transportation,
water, sewerage, schools, public grounds and other public requirements.
B.
To prevent one or more of the following: overcrowding of land, blight,
danger and congestion in travel and transportation, loss of health,
life or property from fire, flood, panic or other dangers.
C.
To achieve the best use of the land within the Township, ensuring
that various land uses will complement one another and thus improve
the economic and aesthetic character of the community;
D.
To establish realistic population densities in order to ensure adequate
circulation, health standards, privacy and open space and in order
to provide utilities, protection, services and facilities in the most
convenient and efficient manner;
E.
To improve the road system for better internal circulation and movement
of through traffic, which will facilitate the efficient and safe movement
of people and goods;
F.
To guide the location of future developments, to establish developmental
standards in such a way that negative impacts on the natural environment
and natural resources are minimized, and to minimize existing and
future water, air and noise pollution;
G.
To stimulate the local economy by encouraging controlled and appropriate
commercial, industrial, residential and recreational growth, which
will provide for local employment, local shopping, and local recreational
opportunities, and which will strengthen the local tax base;
H.
To encourage and promote the provision of a wide range and variety
of housing types to meet the needs of all Township residents, newly
formed households, growing families, and senior citizens;
I.
To strive for the coordination of policies, plans and programs in
the Township and region through cooperation among governing officials
and special interest groups in both the public and private sectors;
J.
To expand and activate a continuing planning program that will serve
to continually update and revise planning goals and objectives, and
the operational tools necessary for implementation, in light of new
data and conditions;
K.
To set forth procedures in accordance with the Pennsylvania Municipalities
Planning Code, as amended.
[Ord. No. 321,
passed 12-10-1998]
A.
This Ordinance requires that within the Township of Upper Providence
in the County of Delaware and the Commonwealth of Pennsylvania, no
land, body of water, or structure shall be used or occupied and no
structure or part thereof shall be erected, constructed, reconstructed,
moved, or structurally altered unless in conformity with all the regulations
and procedures herein specified for the district in which such land,
body of water, or structure is located.
B.
Should a conflict arise between the provisions of this Ordinance
and those of the Pennsylvania Municipalities Planning Code, the Pennsylvania
Municipalities Planning Code shall prevail.
[Ord. No. 321,
passed 12-10-1998; Ord. No. 385, passed 9-9-2004]
A.
A zoning permit shall be secured from the Zoning Officer prior to
the construction or alteration of a building, prior to the use or
change in use of a building or land, prior to the change or extension
of a nonconforming use or building, prior to the reconstruction, altering,
raising or moving of a building, including the following structures
with a building area of less than 1,000 square feet and as accessory
to a residential or non-residential building:
(1)
Carport.
(2)
Detached private garage.
(3)
Private greenhouses, pool house.
(4)
Sheds, gazebos.
(5)
Pools.
(6)
Walls, fences.
(7)
Signs.
(8)
Decks, patios and sports courts.
(9)
Any other accessory structure of building excluded or exempt
from the requirements of the Uniform Construction Code.
(10)
Agricultural building as defined by the Pennsylvania Construction
Code Act of 1999, No. 45.
(11)
A manufactured or industrialized housing certified by the manufacturer
to conform to the applicable Federal State Construction and Safety
Standards, identified in Section 901 of the Pennsylvania Construction
Code Act of 1999, No. 45.
B.
All applications for zoning permits shall be made in writing to the
Zoning Officer on such forms as may be furnished by the Township.
The application may be made by the owner or tenant with the owner's
written permission, purchaser under contract of sale, or authorized
agent. The application shall contain all information necessary for
the Zoning Officer to ascertain whether the proposed erection, alteration,
use or change in use complies with the provisions of this chapter.
C.
No zoning permit for any new use or construction which will involve
the disposal of sewage or waste and no zoning permit for a change
in use or an alteration which will result in an increased volume of
sewage or waste shall be issued until approval has been granted by
the Sewage Enforcement Officer (on-site disposal) or Township Sewer
Authority (public sewer).
D.
Any construction, reconstruction, alteration, or moving of a building
or other structure including a sign authorized by a zoning permit,
shall be commenced, and any change in use of a building or land authorized
by a zoning permit shall be undertaken, within one year after the
date of issuance of the permit. If not, the permit shall be considered
null and void. However, in case of construction of a building, the
right to proceed with construction may be extended annually without
additional fees for an aggregate period of not more than three years,
provided that the construction pursuant to said permit has commenced
within the first one-year period.
E.
The applicant for a permit shall, at the time of making the application,
pay to the Zoning Officer a fee in accordance with a fee schedule
adopted by Resolution of Township Council of Upper Providence Township
as shall be determined from time to time by the Township Council.
[Ord. No. 321,
passed 12-10-1998]
Any use permitted in any zoning district created by this chapter
is contingent upon approval by the appropriate State agency, if any,
on matters regulated or licensed by the State, in addition to the
requirements specified within the body of this chapter.
[Ord. No. 321,
passed 12-10-1998]
It is hereby declared to be the intent of the Township Council
that:
A.
If a court of competent jurisdiction declares any provision, clause,
sentence, or word of this Ordinance to be invalid or ineffective,
in whole or in part, the effect of such decision shall be limited
to those provisions which are expressly stated to be invalid or ineffective.
All other provisions of this Ordinance shall continue to be separately
and fully effective.
B.
If a court of competent jurisdiction finds the application of any
provision or provisions of this Ordinance to any lot, building or
other structure, or tract of land to be invalid or ineffective, in
whole or in part, the effect of such decision shall be limited to
the person, property, or situation immediately involved in the controversy.
The application of any such provision to other persons, property or
situations shall not be affected.
[Ord. No. 321,
passed 12-10-1998]
Procedures and regulations regarding enforcement, violation,
and penalties shall be in accordance with Sections 616.1 through 617.2
of the Pennsylvania Municipalities Planning Code, as amended.
[Ord. No. 321,
passed 12-10-1998]
A.
The provisions of this Ordinance shall be interpreted as the minimum
requirements to promote public health, safety, and general welfare.
Where a provision of this Ordinance differs or conflicts with any
other provision of this Ordinance or any other ordinance, regulation
or law, the provision that is more restrictive upon uses and structures
shall apply.
B.
This Ordinance does not repeal, abrogate, annul or in any way impair
or interfere with existing provisions of other laws or ordinances,
except those specifically repealed by this Ordinance, or any private
restrictions placed upon property by covenant, deed or other private
agreement unless repugnant hereto.
[Ord. No. 321,
passed 12-10-1998]
All applicants for zoning permits, special exceptions, conditional
uses, and interpretation and variance appeals shall, at the time of
making application, pay a fee in accordance with a fee schedule adopted
by resolution of the Township Council upon the enactment of this Ordinance,
or as such schedule may be amended by resolution of the Township Council.
In addition, an escrow deposit may be required to reimburse the Township
for review fees of professionals engaged by the Township and other
expenses, in accordance with the Pennsylvania Municipalities Planning
Code. The escrow deposit requirements shall be set from time to time
by resolution of the Township Council.
[Ord. No. 321,
passed 12-10-1998]
Article X-A of the Pennsylvania Municipalities Planning Code,
as amended, identifies the mode for securing review of any decision
rendered pursuant to Article IX of the Pennsylvania Municipalities
Planning Code, as amended, or deemed to have been made under Act 170
of 1988.
[Ord. No. 321,
passed 12-10-1998]
The Council of the Township of Upper Providence may, from time
to time, amend, supplement, change, modify, or repeal this Zoning
Ordinance, including the Zoning Map. When undertaking such actions,
the Council shall proceed in the manner prescribed in Article VI of
the Pennsylvania Municipalities Planning Code, as amended.
