This chapter shall be known and may be cited
as "The Upper Uwchlan Township Subdivision and Land Development Ordinance
of 1989, as amended."
The chapter is designed:
A.
To protect and promote public safety, health and welfare;
B.
To secure sites suitable for building purposes and
human habitation while protecting the soils, vegetation, quality of
the waters and other elements of the ecology;
C.
To accomplish a coordinated development of the Township;
D.
To provide for the general welfare by guiding and
protecting amenity, convenience, future governmental, economic, practical,
and social and cultural facilities, development and growth, as well
as the improvement of governmental processes and functions;
E.
To guide uses of land and structures, type and location
of streets, public grounds and other facilities;
F.
To allow innovative, quality subdivision design; and
G.
To encourage desirable development of the Township
in a manner consistent with the goals and objectives of the Upper
Uwchlan Township Comprehensive Plan.
A.
Subdivision control. No subdivision or resubdivision
of a lot, tract or parcel of land shall be effected, and no street,
sanitary sewer, storm drain, water main or other facility in connection
therewith shall be laid out, constructed, opened or dedicated for
public use or travel, or for the common use of occupants of buildings
abutting hereon, except in strict accordance with the provisions of
this chapter.
B.
Land development control. No excavating, filling or
grading of the soil, and no construction, demolition or installation
which directly or indirectly disturbs the soil, except in the process
of gardening or farming operations, shall be effected, nor shall any
structure or building, whether prefabricated, precut, preassembled,
or otherwise, be erected or placed on any lot, tract or parcel of
land, except in strict accordance with the provisions of this chapter.
C.
Sale of lots, issuance of building permits, erection
of buildings or on-site improvements. In a subdivision, no lot may
be used or sold, no building permit may be issued, and no building
or other structure may be erected, unless and until a plan for such
subdivision shall have been approved and duly recorded, and a grading
plan, including a complete conservation plan for erosion and sediment
control, has been duly approved, and until either the required on-site
and/or public improvements in connection therewith from the lot or
building to an existing improved street, or otherwise, shall have
been constructed or the Township has been assured, by means of a proper
performance guarantee in the form of an acceptable bond or deposit
of funds or securities in escrow sufficient to cover the cost of all
required public and on-site improvements, as estimated by the Township
Engineer, that such public and on-site improvements will subsequently
be installed by the subdivider or owner of the property. Where, owing
to unusual and specific conditions, a literal enforcement of any of
the provisions of this section would result in unnecessary hardship,
such reasonable exceptions thereto may be made by the Township Supervisors
as will not be contrary to the interests of the public or property
owner involved or adjacent thereto, in which case the issuance of
a permit, or erection of a building, or other structure may be permitted
subject to such conditions and safeguards as may be imposed to assure
adequate streets and other public improvements, and adequate conservation
and other on-site improvements.
In the interpretation and application of the
provisions of this chapter, the said provisions shall be held to be
the minimum requirements for the promotion and protection of the above
stated purposes. Where the provisions of this chapter and all standards
and specifications adopted under it impose greater restrictions than
those of any other applicable ordinance or regulation, the provisions
of this chapter and its standards and specifications shall be controlling.
Where the provisions of any statute, other ordinance or regulation
impose greater restrictions than this chapter, the provisions of such
statute, ordinance or regulation shall be controlling.
