This chapter shall be known and may be cited
as "The Lower Frederick Township Zoning Ordinance of 1999" and shall
become effective upon enactment.
A.
This chapter is enacted in accord with Article VI of the Pennsylvania Municipalities Planning Code[1] and is intended to implement the policies and recommendations
of the Lower Frederick Township Comprehensive Plan, as well as the
Lower Frederick Township Open Space Preservation Plan, and to serve
the following purposes:
(1)
To promote, protect, and facilitate the following
in compliance with applicable law:
(a)
Public health, safety, morals, and general welfare
of the Township.
(b)
Coordinated and practical community development
and proper density of population.
(c)
Provision of adequate light and air, and safe,
reliable, and adequate water supply and sewage disposal for residential,
commercial, institutional, recreational, agricultural, and industrial
uses.
(d)
Provision of adequate transportation facilities,
vehicle parking and loading space, and access to emergency services.
(e)
Provision of schools, parks and recreational
facilities, public grounds, and other public facilities.
(f)
Preservation of forests, wetlands, aquifers,
floodplains, steep slopes, and natural, scenic, and historic values
in the environment.
(2)
To 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.
(3)
To preserve prime agriculture and farmland, considering
topography, soil type and classification, and present use.
(4)
To provide for land within the Township 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 multifamily dwellings in various arrangements, mobile homes,
and mobile home parks.
(5)
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, based on the Township's Comprehensive Plan.
(6)
To ensure the opportunity to exercise private property
rights in a lawful and uniform manner.
(7)
To conserve the value of land and buildings.
[1]
Editor's Note: See 53 P.S. § 10601
et seq.
B.
It is not the intention of this chapter in any way
to condemn or unlawfully take private property. Rather, this chapter
intends to regulate property in a reasonable and uniform manner, allowing
for adjustments to occur through the zoning hearing procedure or by
zoning amendment, or otherwise.
In applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, and the general welfare of the Township. The Comprehensive Plan, in accordance with which this chapter is enacted and which is reflected in the provisions of this chapter, has been formulated to implement the purpose set forth in § 170-2, in the respects therein stated and more particularly with a view toward, inter alia, the following statement of community development objectives:
A.
Guide and encourage the future development of the
Township in accordance with comprehensive planning of land use and
population density that represents the most appropriate, beneficial,
and convenient relationships among the residential, commercial, industrial,
and recreational areas within the Township.
(1)
Future growth should be directed towards the villages
of Spring Mount and Zieglerville which form the core area of Lower
Frederick. These areas can best accommodate future growth because
they have better roads and public sewer and water systems.
(2)
The outlying areas of the Township, particularly land
along the Perkiomen Creek, and land south of the Swamp Creek, should
be preserved as much as possible for low intensity uses such as open
space, agriculture, or low-density residential development.
B.
Have regard for the suitability of the various uses
appropriate to each of the areas of the Township and their potential
for such uses as indicated by topography and soil conditions, natural
features, existing man-made conditions, trends in population, the
direction and manner of use of land, building development, and economic
activity.
C.
Consider such conditions and trends both within the
Township and with respect to the relationships of the Township to
surrounding areas.
D.
Protect the character and the social and economic
stability of each such area and encourage their orderly and beneficial
growth where appropriate.
E.
To protect and conserve the integrity of significant
natural features, such as watercourses, floodplains, steep slopes,
scenic vistas, underground aquifers, and wetlands.
F.
To preserve woodlands and other vegetation to moderate
the effects of storms, absorb pollutants and noise, shelter wildlife,
and provide a diverse natural environment.
G.
To provide standards for development that respect
the natural capacity of land and which help maintain the desirable
benefits of natural resources protection.
H.
Protect and conserve the value of land and buildings
throughout the Township, depending upon necessity or circumstances
as appropriate to the various zoning districts established herein.
I.
Bring about through proper timing the gradual conformity
of land use to the Comprehensive Plan, and minimize conflicts among
the uses of land and buildings.
J.
Aid in bringing about the most beneficial relationship
between land use and the circulation of traffic throughout the Township,
having particular regard to traffic to and from the major roads, and
to the avoidance of congestion on the roads and the provision of safe
and convenient access appropriate to the various land uses.
K.
Aid in providing a guide for public policy and action
in the efficient provision of public facilities and services, in the
provision of safe and proper sanitary sewage disposal, and for private
enterprise in building development, investment, and other economic
activity relating to land use.
To the extent that such objectives are consistent with the purposes set forth in § 170-2 and with the minimum requirements therefor, the provisions of this chapter shall be interpreted, administered and applied in such manner as will facilitate attainment of the said objectives, and all others permitted by law.
[Amended 2-7-2023 by Ord. No. 2023-01]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience, and general welfare.
A.
Whenever any regulations made under authority of this chapter require
a greater width or size of yards, courts, or other open spaces; or
require a lower height of buildings or smaller number of stories;
or require a greater percentage of a lot to be left unoccupied; or
impose other more restrictive standards than are required in or under
any other statute or ordinance, the regulations made under authority
of this chapter shall govern.
B.
Whenever the provisions of any other statute or ordinance require
a greater width or size of yards, courts, or other open spaces; or
require a lower height of buildings or smaller number of stories;
or require a greater percentage of a lot to be left unoccupied; or
impose other more restrictive standards than are required by any regulations
made under authority of this chapter, the provisions of such other
statute or ordinance shall govern.
C.
Whenever any regulations pertaining to a specific use or activity
under authority of this chapter impose a different requirement concerning
the width or size of yards, courts, or other open space; the height
or stories of buildings; the percentage of a lot to be left unoccupied;
or other zoning standards than are required for the zoning district
or generally required under this chapter, the greater or more restrictive
standards shall govern.
D.
This chapter does not repeal, abrogate, annul, or in any way impair
or interfere with existing provisions of other laws or ordinances,
or with any rule, regulation, or permit adopted or issued thereunder,
(except those specifically or impliedly repealed by this chapter)
nor with any private restrictions placed upon property by covenant,
deed, or other private agreement.
Whenever federal, state, or county owned property
is included in one or more zoning districts, it shall be subject to
the provisions of this chapter only insofar as is permitted by the
Constitution and Laws of the United States of America and of the Commonwealth
of Pennsylvania. In the case of Township owned land, the provisions
of this chapter shall not apply.
[Added 2-7-2023 by Ord. No. 2023-01]
It is hereby declared to be the intent of the Board of Supervisors
that:
A.
If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective and all other
provisions of this chapter shall continue to be separately and fully
effective.
B.
If a court of competent jurisdiction finds that the application of
any provision or provisions of this chapter to any lot, building,
or other structure or tract of land to be invalid or ineffective in
whole or in part, the effect of such decision shall be limited to
the person, property, or situation immediately involved in the controversy
and the application of any such provision to other persons, property,
or situations shall not be affected.
