An ordinance repealing the pre-existing Palmer
Township Zoning Ordinance of 1987, as amended, and replacing said
ordinance with an ordinance permitting, prohibiting, regulating, restricting
and determining the uses of land, watercourses and other bodies of
water; the size, height, bulk, location, erection, construction, repair,
maintenance, alteration, razing, removal and use of structures; the
areas and dimensions of land and bodies of water to be occupied by
uses and structures as well as courts, yards and other open spaces
and distances to be left unoccupied by uses and structures; the density
of population and intensity of use; the location and size of signs;
creating zoning districts and establishing the boundaries thereof;
continuing the office of Zoning Officer; continuing a Zoning Hearing
Board; and providing for the administration, amendment and enforcement
of the ordinance, including the imposition of penalties.
This ordinance shall be known and may be cited
as the "Palmer Township Zoning Ordinance of 1994."
This Zoning Ordinance has been prepared in accordance
with the Palmer Township Comprehensive Plan of 1986, with consideration
for the character of the municipality, its various parts and the suitability
of the various parts for particular uses and structures and is enacted
for the following purposes:
A.
To promote, protect and facilitate one or more of
the following: the public health, safety, morals, general welfare,
coordinated and practical community development, proper density of
population, civil defense, disaster evacuation, airports and national
defense facilities, the provisions of adequate light and air, police
protection, 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 preserve prime agriculture and farmland considering
topography, soil type and classification and present use.
D.
To assist in carrying out the goals and intent of
the PA Flood Plain Management Act, PA Storm Water Management Act,[1] PA Department of Environmental Resources regulations on
erosion and sedimentation control, PA Department of Transportation
regulations on highway access control and other relevant federal and
state laws, regulations, official policies and relevant court decisions.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq. and 32 P.S. § 680.1 et seq., respectively.
E.
To carry out all of the goals and objectives of the
Township Comprehensive Plan, which include but are not limited to
the following:
(1)
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.
(2)
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.
(3)
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.
(4)
To guide the location of future development and 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.
(5)
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.
(6)
To encourage and promote the provision of a reasonable
range and variety of housing types to meet the needs of all Township
residents: newly formed households, growing families and senior citizens.
(7)
To strive for 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.
(8)
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.
(9)
To provide for the health, safety and general welfare
of all Township residents.
In accordance with the PA Municipalities Planning
Code,[1] the Palmer Township Zoning Hearing Board is hereby continued
and shall have the number of members and such powers and authority
as set forth in said act and this ordinance.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
If two differing Township ordinances or two
sections of the same Township ordinance pertain to the same matter,
then the requirement that is the more restrictive upon the applicant
shall apply.
If a distinct legitimate land use is not addressed
in any section of this ordinance by not being permitted or specifically
prohibited in at least one zoning district, and a valid application
is made for such use, the Zoning Officer shall refer the application
to the Zoning Hearing Board. In such case, the Board shall have the
authority to permit the use or deny the use under the procedures of
a special exception (but without the use being presumed to be a permitted
special exception use). The Board shall permit such use if the applicant
proves to the satisfaction of the Board that the use:
This ordinance shall not apply to uses, buildings
or structures built or used or to be built or used by the Township
of Palmer or by authorities created solely by the Township, provided
that the Board of Supervisors authorizes such use by resolution.
No uses shall be permitted in any district which
directly violates any Township ordinances. If the Zoning Officer has
reason to believe that a use would violate a federal, state or Township
regulation, the Zoning Officer may delay the issuance or suspend the
issuance of a permit under this ordinance until the applicant proves
compliance with such regulation.
It is hereby declared to be the legislative
intent that:
A.
If a court of competent jurisdiction declares any
provisions 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 in the decision to be invalid
or ineffective, and all other provisions of this ordinance shall continue
to be separately and fully effective.
B.
The Board of Supervisors hereby declares that it would
have passed this ordinance and each section or part thereof irrespective
of the fact that any one or more sections or parts thereof be declared
invalid.
All other Township ordinances or resolutions
or parts thereof that were adopted prior to this ordinance and are
clearly in direct conflict with this ordinance are hereby repealed,
including the pre-existing Palmer Township Zoning Ordinance of 1987,
as amended. However, the pre-existing Airport Approach Zoning Regulations
shall not be repealed and shall remain in effect.
Under the authority conferred by the PA Municipalities
Planning Code, as amended,[1] following a public hearing, the Board of Supervisors of
Palmer Township hereby enacts and ordains into an ordinance the attached
document this date of April 11, 1994. This ordinance shall become
effective in five days.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
