[Amended 1-8-1990 by Ord. No. 461]
This chapter shall be known as and may be cited as the "Middletown Township Zoning Ordinance of 1986," as amended.
This chapter amends Chapter IX of the Township Code of Ordinances by replacing all of the previous provisions.
No building, sign or other structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless in conformity with the regulations of this chapter. This chapter shall apply to the applications for subdivision and/or land development approvals and conditional use and special exception approvals to the extent allowed by the Municipalities Planning Code. (See 53 P.S. §§ 10508(4) and 10603.2.1.[1])
[1]
Editor's Note: 53 P.S. § 10603(c)(2.1) was repealed 6-23-2000 by P.L. 495, No. 68.
[Amended 1-8-1990 by Ord. No. 461]
A. 
The regulations and districts established by this chapter are designed to advance the following general purposes:
(1) 
To promote, protect and facilitate the following: the public health, safety, morals and general welfare, coordinated and practical community development, appropriate population densities, emergency management preparedness and operations, provision of adequate light and air, adequate vehicle parking and loading space and to provide for public needs such as transportation, sewage, water and recreational facilities.
(2) 
To prevent the following: overcrowding of land, blight, danger and congestion in travel and transportation, threats to health, life or property from fire, flood or other dangers.
(3) 
To prevent inappropriate use and development of scenic and natural resources such as floodplains, wetlands, aquifers, steep slopes and forests.
(4) 
To encourage the preservation of historic and cultural resources.
(5) 
To encourage the preservation of prime agricultural and farm land and open spaces.
(6) 
To require that development and land use reflect appropriate use of the topography, soils and other natural features.
(7) 
To provide a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial uses.
(8) 
To accommodate reasonable overall community growth, including population and employment growth, and provide opportunities for development of a variety of residential dwelling types and nonresidential uses.
A. 
The provisions of this chapter are intended to be the minimum requirements for the promotion of the health, safety and general welfare in the Township. However, this chapter is not intended to interfere with or abrogate or annul or modify directly or by implication any covenants in deeds, easements or other agreements affecting real estate; provided, however, that where this chapter imposes a greater restriction, the provisions of this chapter shall control.
B. 
Where the provisions of any applicable statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall be controlling.
C. 
The Township has prepared a Comprehensive Plan to identify policies and actions to implement the general purposes stated in § 275-3. In accordance with the goals and objectives of the Comprehensive Plan, this chapter shall be interpreted in accordance with the following community development objectives:
(1) 
To preserve the semirural nature of the Township's northern agricultural, botanical, institutional and recreational areas.
(2) 
To provide an appropriate setting for the expansive institutional and commercial uses in the central portion of the Township and to buffer those intense uses from other less intense uses.
(3) 
To protect and encourage the preservation of the agricultural, residential and recreational resources in the southern sections.
(4) 
To maintain and promote attractive, safe, healthy and stable residential areas and to enhance and encourage rehabilitation of existing neighborhoods.
(5) 
To remedy the sewage disposal, water supply or drainage problems.
(6) 
To require maintenance and adequate provisions for circulation, screening, parking and related needs.
(7) 
To permit various housing types and intensities in suitable areas which can support new development with efficient water supply and sewage disposal systems; and to limit the intensity of development in relation to the efficient expansion of such systems.
(8) 
To promote a complementary relationship among land uses in order to: protect property values, maintain a unified character and minimize traffic, noise and visual conflicts.
(9) 
To protect natural and cultural resources in particular: natural or artificial bodies of water; places of steep and very steep slope; areas with sensitive geological or topographic features and floodplain areas.
(10) 
To protect the integrity of places having a special character or use affecting and affected by their surrounding, such as areas along the Ridley and Chester Creeks and their tributaries, and places having historical interest or value.
(11) 
To encourage the provision and preservation of usable and functional open spaces areas: to aid in natural and cultural resource protection; to provide increased opportunities for recreational use and activities; to create visual buffers and to promote high-quality design and land development.
(12) 
To control and improve the character of commercial and industrial development so that it will be compatible with and complementary to surrounding land uses and circulation systems.
(13) 
To promote traffic safety and minimize congestion along major roads and highways by allowing planned business, office and commercial uses with limited access, few curb cuts and moderate campus-like settings.
(14) 
To encourage safe and convenient access throughout the Township: to help insure the compatibility of major roads, residential streets, parking areas and driveways for existing and planned uses; and to promote the safe and efficient movement of people and goods.
(15) 
To provide for development which will be designed to provide effective buffer areas and landscaped areas along roads, particularly major traffic thoroughfares, and between uses and development areas.
(16) 
To require that all development and uses have the necessary utility systems and infrastructure such as public water, public sewer, storm sewers, permanent erosion and sedimentation control structures and other facilities.
(17) 
To encourage the provision of recreational, cultural and educational facilities and services to meet the needs of those who live and/or work in the Township.
(18) 
To promote effective soil conservation practices, to prevent soil erosion and increased stormwater runoff.
Any provisions of the Township Code which are inconsistent with this chapter are hereby repealed. This repeal shall not affect the following:
A. 
Any offense or act committed or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this chapter.
B. 
The administrative ordinances or resolutions of the Township which are not in conflict or inconsistent with the provisions of this chapter.
C. 
Any ordinance or resolution concerning subdivision or zoning matters filed prior to the effective date of this chapter.
D. 
The terms of any final subdivision or land development approval or any development agreement.