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Township of Franklin, PA
Chester County
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Table of Contents
Table of Contents
[Ord. 95-07, 12/14/1995, § 100]
This chapter shall be known and may be cited as the "Franklin Township Zoning Ordinance of 1996," as amended. This chapter shall become effective five days following its official adoption.
[Ord. 95-07, 12/14/1995, § 101; as amended by Ord. 2008-04, 11/19/2008, § 1]
1. 
This chapter is enacted to:
A. 
Promote, protect and facilitate the public health, safety, morals, and general welfare of Township residents, to coordinate community development, the proper density of population, emergency management preparedness and operations, the provision of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, water, sewage, schools, recreational facilities, public grounds, the provision of safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; as well as the preservation of forests, wetlands, aquifers and floodplains.
B. 
Prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers. This chapter is enacted in accordance with an overall planning program and with consideration for the character of the Township, its various parts and the suitability of the various parts for particular uses and structures.
C. 
Preserve prime agriculture and farmland considering topography, soil type and classification, and present use.
D. 
Provide for the use of land within the Township for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, a reasonable range of multifamily dwellings in various arrangements, and mobile homes and mobile home parks.
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.
[Ord. 95-07, 12/14/1995, § 102; as amended by Ord. 2008-04, 11/19/2008, § 1]
1. 
To implement the purposes set forth in § 27-102, the Franklin Township Comprehensive Plan has been formulated. In accordance with the plan, interpretation of ordinance provisions should be made with respect to the following community development objectives:
A. 
Manage growth in the Township to ensure that natural and historic resources are preserved to the maximum extent possible.
B. 
Preserve, protect, and promote the rural character and landscape of the Township.
C. 
Create an enhanced village in Kemblesville that has mixed uses and is walkable and pedestrian-friendly.
D. 
Create a functional and attractive pattern of land uses throughout the Township without damaging natural and cultural resources.
E. 
Promote usable and continuous open space and minimize the impact of new structures and sewage systems on the rural landscape through refined cluster design.
F. 
Preserve farmland and conserve prime agricultural soils.
G. 
Protect and restore natural resources such as woodlands, woodland interiors, wetlands, hydric soils, waterways, wildlife habitats, meadows, steep slopes, and groundwater.
H. 
Protect historic and cultural resources for the enjoyment and benefit of all Township residents and future generations.
I. 
Maintain and enhance parks and recreational facilities to promote and facilitate healthy lifestyles among residents of all ages.
J. 
Maintain and expand the system of equestrian, walking, hiking and biking trails that provide access to streams and woodlands, and that connect parks and recreational areas.
K. 
Take a proactive design approach to help assure safe traffic improvements that complement a rural community.
L. 
Balance the demand for development with sewage and water infrastructure capabilities.
M. 
Provide a defensible basis for land use and development regulations that control growth and preserve open space in a context-sensitive manner.
[Ord. 95-07, 12/14/1995, § 103]
1. 
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, grants local municipalities the power to enact, amend and repeal zoning ordinances. Franklin Township has enacted this chapter in accordance with the provisions of the Municipalities Planning Code, establishing the following controls:
A. 
Uniform Regulations. The regulations established by this chapter within each district shall apply uniformly to each class or type of structure or land.
B. 
New Uses and Structures. In all districts, following the effective date of this chapter, any new building or other structure on any tract of land shall be constructed, developed and used only in accordance with regulations specified for each district.
C. 
Existing Uses and Structures. In all districts, following the effective date of this chapter, any existing use or structure, or extensions to existing uses or structures which is not in conformity with the regulations for the district in which it is located, shall be deemed nonconforming and subject to the regulations of Part 21, Nonconforming Uses, Structures, Building Lots and Signs.
[Ord. 95-07, 12/14/1995, § 104]
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for promoting the purposes of § 27-102 and the community development objectives of § 27-103.
[Ord. 95-07, 12/14/1995, § 105]
It is not intended by this chapter, to repeal, abrogate, annul or interfere with any existing ordinance, or with any rule, regulation or permit adopted or issued except insofar as this may be inconsistent or in conflict with any of the provisions of this chapter. Where this chapter imposes greater restrictions on the use of land or structures, the provisions of this chapter shall control.