[Amended 1-15-1990 by Ord. No. 296]
This chapter shall be known and may be cited
as the "Upper Providence Township Subdivision and Land Development
Ordinance."
This chapter is adopted for the following purposes:
A.
To assist orderly, efficient, integrated and harmonious
development of the Township.
B.
To assure the development of sites suitable for building
purposes and human habitation.
C.
To coordinate proposed streets with existing streets
or other proposed streets or other features of the Township.
D.
To provide adequate open spaces for traffic, recreation,
light and air and for proper distribution of the population.
E.
To ensure the conformance of subdivision and land
development plans with the public improvements of the Township.
F.
To ensure that the layout and arrangement of the subdivision
or land development plan is in conformance with the Upper Providence
Township Comprehensive Plan and with any regulations or maps adopted
in furtherance thereof.
The provisions of this chapter shall be held
to be minimum requirements to meet the above-stated purposes. Where
the provisions of this chapter impose greater restrictions than those
of any statute, other ordinance or regulation, the provisions of this
chapter shall prevail. Where the provisions of any statute, other
ordinance or regulation impose greater restrictions than those of
this chapter, the provisions of such statute, ordinance or regulation
shall prevail.
A.
Subdivision of a lot or construction, opening or dedication
of a street. No subdivision or land development of any lot, tract
or parcel of land shall be made, and no street, alley, sanitary sewer,
storm drain, water main, gas, oil or electric transmission line or
other improvements in connection therewith shall be laid out, constructed
or dedicated for public use or travel or for the common use of occupants
of a building abutting thereon, except in strict accordance with this
chapter.
B.
Sale of lots, issuance of building permits or erection
of buildings. No lot in a subdivision or land development may be sold,
and no permit to erect, alter or repair any building upon land in
a subdivision or land development may be let, unless and until a plat
has been approved and, where required, recorded and until the required
improvements in connection therewith from the lot or building to an
existing improved street have either been constructed or the Township
has been assured that the improvements will subsequently be installed
by means of a proper completion guaranty in the form of a bond or
the deposit of funds or securities in escrow sufficient to cover the
cost of the required improvements as estimated by the Township Engineer.
C.
Condominiums. The sale of dwelling or commercial units
as condominiums under the Uniform Condominium Act (68 Pa. C.S.A. § 3101
et seq.) shall be permitted in accordance with this chapter, and no
regulation within this chapter shall be construed to prohibit the
condominium form of ownership.
[Amended 9-17-1990 by Ord. No. 301]
The Board of Supervisors may grant a modification
of the requirements of one or more provisions of this chapter if the
literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and that
the purpose and intent of the chapter is observed. All requests for
a modification shall be in writing and shall accompany and be a part
of the application for development. The request shall state in full
the grounds and facts of unreasonableness or hardship on which the
request is based, the provision or provisions of the chapter involved
and the minimum modification necessary. The Board of Supervisors may
refer to the request for modification to the planning agency for advisory
comments. The Board of Supervisors shall keep a written record of
all action on all requests for modifications.
Any person, partnership or corporation who or
which shall violate any of the provisions of this chapter shall be
subject to all remedies and enforcement provisions of the Pennsylvania
Municipalities Planning Code, including, without limitation, Sections
515.1, 515.2 and 515.3 as now or thereafter amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10515.1,
10515.2 and 10515.3.
