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TOWNSHIP OF UPPER PROVIDENCE
ORDINANCE NO.434
AN ORDINANCE OF THE TOWNSHIP OF UPPER PROVIDENCE, DELAWARE COUNTY,
PENNSYLVANIA, AMENDING PART TWELVE- PLANNING AND ZONING CODE,
SECTION 1220.09 TO ADD SUBSECTIONS; PROVIDE THAT SUBDIVISION AND
LAND DEVELOPMENT APPLICATIONS REQUIRING A VARIANCE OR SPECIAL
EXCEPTION BE SUBMITTED TO THE UPPER PROVIDENCE TOWNSHIP PLANNING
COMMISSION PRIOR TO SUBMISSION TO THE UPPER PROVIDENCE TOWNSHIP
ZONING HEARING BOARD AND/OR UPPER PROVIDENCE TOWNSHIP COUNCIL.
BE IT ENACTED AND ORDAINED AS FOLLOWS:
Section 1. From and after the passage of this Ordinance,
Section 1220.09 shall be repealed in its entirety and the following
shall constitute Section 1220.09:
1220.09 COMPLIANCE; VARIANCE/SPECIAL EXCEPTION;
CONDOMINIUM OWNERSHIP; SCOPE.
(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 Twelve - 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. (Ord.198. Passed 12-14-89).
Section 2. This Ordinance shall take effect five (5) days after
passage.
ENACTED AND ORDAINED this 8th day of May, 2008.
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