Upper Providence Township
City Zoning Code
City Zoning Code
CHAPTER 1250
General Provisions and Administration
1250.01 Title.
[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.
1250.02 Short title.
[Ord. No. 321, passed 12-10-1998]
This Ordinance shall be known and be cited as the Upper Providence Township Zoning Ordinance of 1998.
1250.03 Purposes and objectives.
[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.
1250.04 Applicability.
[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.
1250.05 Zoning permits.
[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.
1250.06 State approval.
[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.
1250.07 Separability.
[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.
1250.08 Enforcement, violation and penalties.
[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.
1250.09 Interpretation.
[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.
1250.10 Fee and escrow deposits.
[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.
1250.11 Appeals.
[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.
1250.12 Amendments.
[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.