The title of this chapter shall be "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 areas, 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 protection and preservation of natural resources
and agricultural land and activities; and providing for the administration
of such ordinance."
This chapter shall be known and may be cited
as the "Zoning Ordinance of the Borough of Old Forge."
This chapter is enacted for the following purposes:
A.
To promote, protect and facilitate one or more of
the following:
(1)
The public health, safety, morals and the general
welfare.
(2)
Coordinated and practical community development and
proper density of population.
(3)
Emergency management preparedness and operations.
(4)
The provisions of adequate light and air and access
to incident solar energy.
(5)
Police protection.
(6)
Vehicle parking and loading space.
(7)
Transportation.
(8)
Water.
(9)
Sewerage.
(10)
Schools.
(11)
Recreational facilities.
(12)
Public grounds.
(13)
The provision of a safe, reliable and adequate
water supply for domestic, commercial, agricultural or industrial
use and other public requirements.
(14)
The preservation of the natural, scenic and
historic values in the environment and preservation of forests, wetlands,
aquifers and floodplains.
C.
To preserve prime agriculture and farmland considering
topography, soil type and classification and present use.
D.
To provide for the use of land within the Borough
for residential housing of various dwelling types encompassing all
basic forms of housing, including single-family and two-family dwellings,
and a reasonable range of multiple-family dwellings in various arrangements,
mobile homes and mobile home parks; provided, however, that this chapter
shall not be deemed invalid for the failure to provide for any other
specific dwelling type.
E.
To accommodate reasonable overall community growth,
including population and employment growth, and opportunities for
development of a variety of residential dwelling types and nonresidential
uses.
A.
Interpretation. In their interpretation and application,
the provisions of this chapter shall be held to be the minimum requirements
for the promotion of the public safety, health, convenience, comfort,
morals, prosperity and general welfare of the residents of the Borough.
B.
Conflict with public and private provisions.
(1)
Public provisions. This chapter is not intended to
interfere with or abrogate or annul any other ordinances, rules or
regulations previously adopted or previously issued by the Borough
which are not in conflict with any provisions of this chapter. Where
this chapter imposes a greater restriction upon the use of the buildings
or premises or upon the height of the building, or requires a larger
open space than is imposed or required by such ordinances, rules,
regulations or permits, or by easements, covenants, building restrictions
or agreements, the provisions of this chapter shall control.
(2)
Private provisions. This chapter is not intended to
abrogate any easement, covenant or any other private agreement or
restriction, provided that where the provisions of this chapter impose
a greater restriction, the requirements of this chapter shall govern.
Where the provisions of the easement, covenant or private agreement
or restriction impose duties and obligations more restrictive or higher
standards than the requirements of this chapter and such private provisions
are not inconsistent with the requirements of this chapter, then such
private provisions shall be operative and supplemental to these requirements.
This chapter shall become effective five days
after its adoption by the Borough Council of the Borough of Old Forge,
Lackawanna County, Commonwealth of Pennsylvania.
