Township of Honey Brook, PA Part 1 TITLE, PURPOSE, OBJECTIVES AND INTERPRETATION

§ 27-101 Short Title.

[Ord. No. 196-2018, 9/12/2018]

This Chapter shall be known and may be cited as the "Honey Brook Township Zoning Ordinance."

§ 27-102 Purpose.

[Ord. No. 196-2018, 9/12/2018]

A. This Chapter is prepared in accordance with the Planning Goals as set forth in the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan of 2015, the land use policies of the Chester County Landscapes2 Policy Plan, and with consideration for the character of the Township, its various parts, and the suitability of the various parts for particular uses and structures, and with the view to conserving the value thereof and encouraging the most appropriate use of land throughout the Township. This Chapter is enacted under and pursuant to the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10101 et seq.

B. The purpose of this Chapter is to provide zoning regulations:

(1) To promote, protect, and facilitate:

(a) Public health, safety, and general welfare.

(b) Coordinated and practical community development.

(c) Proper density of population.

(d) Provisions of adequate light, air, and recreation.

(e) Vehicle parking and loading space.

(f) Safe and efficient travel by vehicles, bicycles, and pedestrians.

(g) Water, sewerage, schools, public grounds, and other public requirements.

(h) Natural resources, and the protection and preservation thereof.

(2) To preserve:

(a) Prime agricultural land, considering topography, soil type and classification, historic use, traditional character, and present use.

(b) Environmentally sensitive lands and historic resources.

(3) To prevent:

(a) Overcrowding of land, blight.

(b) Congestion in travel and transportation.

(c) Loss of health, life or property from fire, flood, or other dangers.

§ 27-103 Community Development Objectives.

[Ord. No. 196-2018, 9/12/2018]

This Chapter is enacted to implement the spirit and intent of the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan of 2015 and other applicable codes, ordinances, or studies, as amended, which have been formulated to implement the purpose set forth in § 27-102, according to the following community development objectives:

A. Promote and protect the prime agricultural lands, farming activities, and rural landscape qualities that characterize the Township.

B. Provide necessary protection for environmentally sensitive areas, including steep slopes, woodlands, floodplains, wetlands, groundwater, surface water, aquifer recharge, and those areas inappropriate or not designated for other types of development.

C. Assure a high level of quality in the design and establishment of residential and recreational areas, including ample open space, consistent with the existing character of land use and neighborhoods.

D. Provide for commercial and mixed-use areas to meet the needs of the Honey Brook community, respect Honey Brook Borough's community and economic revitalization efforts, and to assure safe and convenient access, attractive and healthful environments, and locations compatible with surrounding land uses and public and community facilities.

E. Provide for appropriate industrial activity at locations served by suitable transportation facilities and adequate utilities, having a location and arrangement such that external effects will not adversely influence adjacent uses and areas, and providing a physical environment appropriate for the operation of each use.

F. Insure the safe, efficient, and convenient movement of people and goods, with special emphasis on safety for nonmotorized vehicle and pedestrian travel and availability of greater travel-mode options for local commuters.

G. Encourage reuse of existing buildings and protection of valuable historic resources from degradation or destruction.

H. Provide opportunities for a broad choice of housing types to meet the needs of current and future residents of the Honey Brook community, including individuals, families, newly-formed households, growing families, and senior citizens, and include provisions regulating residential conversions of the existing housing stock.

I. Encourage a safe and efficient vehicle and pedestrian circulation system, and which links the Township with Borough activity centers.

J. Utilize flexible and innovative land use regulatory and incentive techniques where they can help achieve the purposes of the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan.

K. Promote energy conservation, renewable energy generation, and sustainable development within the Township through sound planning practices and design and the use of green technologies in construction.

L. Strive for compatibility and continued cooperation between the Borough and Honey Brook Township in planning for the future of the community, and in relation to the shared municipal boundary.

§ 27-104 Interpretation and Scope.

[Ord. No. 196-2018, 9/12/2018]

In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the purposes of this Chapter. From and after the effective date of this Chapter, the use, construction and development of all land, structures, buildings, signs or portions thereof, will be subject to the regulations herein. Any existing buildings, land, or uses not in conformity with the regulations herein shall be considered nonconforming, but may be continued or changed subject to regulations herein regarding nonconformities except for developments falling within the provisions of § 508(4) of the Municipalities Planning Code, 53 P.S. § 10508(4).

§ 27-105 Conflict.

[Ord. No. 196-2018, 9/12/2018]

A. Where this Chapter imposes greater restrictions upon the use of buildings or land, or upon height and bulk of buildings, or prescribes larger open spaces than are required by the provisions of another ordinance, enactment, rule, regulation or permit, the provisions of this Chapter shall control. Where the provisions of any statute, other ordinance, or regulation imposes greater restrictions than this Chapter, the provisions of such statute, ordinance, or regulation shall control.

B. This Chapter is not intended to interfere with, abrogate, annul, supersede, or cancel any easements, covenants, restrictions, or reservations contained in deeds or other agreements, but if this Chapter imposes more stringent restrictions upon the use of buildings, structures, and land than are contained in such deeds or agreements, the provisions of this Chapter shall control.

§ 27-106 Effective Date.

The effective date of this Chapter is September 12, 2018, except that with respect to the subject matter of any amendment as it may affect the nonconforming uses, or otherwise, the effective date of this Chapter shall mean the date upon which the particular amendment became or becomes effective.