New Garden Township is hereby divided into districts as depicted on the Official Zoning Map. Said districts shall be governed by regulations contained herein and together with all future notations, references and amendments, shall be declared part of this chapter.
A. 
Base districts. For the purpose of this chapter, New Garden Township is hereby divided into the following classes of zones:
(1) 
Low Density Residential District (R-1).
(2) 
High Density Residential District (R-2).
(3) 
Toughkenamon Residential District (R-3).
(4) 
Commercial/Industrial District (C/I).
(5) 
Commercial/Industrial Limited District (C/I-2).
(6) 
Highway Commercial District (H/C).
(7) 
Unified Development District (UD).
(8) 
Business Park District (BP).
(9) 
Residential District (R-4).
[Added 12-19-2016 by Ord. No. 219]
B. 
Overlay zones. The overlay zones work to supplement the development restrictions of the base zoning districts while imposing a distinct set of use and development restrictions on lands overlaying some portion or all of the base district. The following overlays have been created and are subject to the regulations contained in their respective articles.
(1) 
Areas depicted in the Airport Hazard Zone overlay are subject to regulations contained in Article XIII; and
(2) 
Areas depicted in the Flood Hazard District are subject to the regulations contained in Article XII. These zones are depicted using the reference material identified in the respective articles. Overlay zones are bound to the regulations in each related article as listed above as well as the standards of the base zoning district.
District boundaries shall be determined by the "New Garden Township Zoning Map" as adopted with this chapter.[1] Determination of precise district boundaries shall be made according to § 200-13 of this article.
[1]
Editor's Note: The current New Garden Township Zoning Map is on file in the Township offices.
District boundary lines are, unless otherwise expressly indicated:
A. 
The center lines of streets, alleys or railroads; corporate limits; lot lines; and beds of streams, existing at the time of passage of this chapter.
B. 
Where figures are drawn on the zoning map between streets and a boundary line, said figures shall indicate a boundary line parallel to the street at the number of feet indicated.
C. 
Where a district boundary line approximates the path of a lot or property line, the lot or property line shall be construed as the boundary.
D. 
Where a lot, parcel or tract is divided by a district line the use regulations of the less restrictive district shall apply and extend over the portions of the lot, tract or parcel that are in the more restrictive district.
[Added 8-13-2001 by Ord. No. 142]
No more than one principal use shall be permitted upon any lot within the Township. By way of example, in any given zoning district, one use permitted by special exception, and one use permitted by right shall be construed as multiple uses, and shall not both be permitted to exist simultaneously upon any single lot. Further, principal uses authorized upon a lot, whether it be used by right, special exception, conditional use, or otherwise, shall be interpreted as alternative uses, and no more than one such use may be permitted upon a lot.
[Added 8-13-2001 by Ord. No. 142; amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170; 2-25-2013 by Ord. No. 195; 4-16-2018 by Ord. No. 228]
Any residential development of single-family detached dwellings or single-family semidetached dwellings within the R-1 Low-Density Residential Zoning District or the R-2 High-Density Residential Zoning District containing 25 or more dwelling units to be developed on a tract of land of 25 or more contiguous net acres must utilize the residential cluster design option set forth in Article XV of this chapter, unless otherwise restricted pursuant to the terms of this chapter. For any other residential development, the residential cluster design option shall be optional.
[Added 3-12-2007 by Ord. No. 170; amended 10-18-2021 by Ord. No. 250]
For any use in any zoning district which requires public sewer and/or public water to serve a permitted use, a developer/landowner must demonstrate the availability of public sewer and public water to serve such use; provided, however, if the Township or the administrator of the public sewer system determines that public sewer is not available or will not be available to serve the use within 18 months of the date of approval of the use and all plans and other documents required to be approved in conjunction with such use, the use must then be served by an alternative sewer system, subject to and in compliance with all applicable federal, state, county and Township laws, regulations, specifications and requirements. In all instances, the proposed method of sewage collection, conveyance, treatment and reclamation must be consistent with the sewage facilities plan (537 plan) of the Township applicable to the area within which the use is to be located. The sewage facilities must be situate on the subject property, must be owned by the landowner or a homeowners' association, and maintained by a licensed and qualified sewage contractor duly approved by Chester County, Pennsylvania Department of Environmental Protection, and any other applicable regulatory agency. The applicant/landowner must make a continuing offer of dedication to the Township and/or the owner of the public sewer system of such sewage facilities; however, the Township shall have no obligation to accept dedication of such sewage facilities but may do so in its sole discretion. Unless sewage disposal is entirely subsurface (e.g., drip irrigation shall be deemed subsurface, but spray irrigation shall not be deemed subsurface), no sewage facilities, systems, treatment or disposal may be placed in any required open space area. A public water system and/or sewer system shall be considered available to a use if such system is located within 500 feet of any boundary line of the tract on which the use is to be located.