This chapter is enacted in accordance with the
Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended) to implement the following community objectives and purposes:
A. To ensure a safe and efficient transportation network
for pedestrians and vehicles.
B. To support the existing nonresidential development
and minimize the conflicts between the nonresidential activities and
surrounding residential areas through the implementation of use regulations,
opportunities for reuse, nuisance standards, and standards on intensity
and location.
C. To provide adequate parking for residences and businesses.
D. To regulate signs in a way that protects the Borough's
historic appearance and aesthetics while providing adequate information
to patrons of the commercial areas.
E. To promote, protect and facilitate all of the following:
the public health, safety, and the general welfare; coordinated and
practical community development and 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, sewerage,
schools, recreational facilities, public grounds, the provision of
a safe, reliable and adequate water supply for domestic, commercial,
agricultural or industrial use, and other public requirements; as
well as preservation of the natural, scenic and historic values in
the environment and preservation of forests, wetlands, aquifers and
floodplains.
F. To comply with the requirements of the Pennsylvania
Municipalities Planning Code, which requires that all municipalities
allow for commercial forestry and no-impact home-based businesses
as permitted uses.
G. To regulate the bulk, scale, and dimensions of land
uses to be consistent with the historic development pattern of New
Hope Borough.
H. To prevent overcrowding of land, blight, danger and
congestion in travel and transportation, and loss of health, life
or property from fire, flood, panic or other dangers.
I. To provide for the use of land within the municipality
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,
and mobile homes.
J. To give effect to the policies and proposals of the
New Hope Comprehensive Plan of 2000, as amended, which is incorporated herein as the Comprehensive Plan
required by Section 301 of the Pennsylvania Municipalities Planning
Code.
K. To protect the integrity of residential neighborhoods.
L. To encourage preservation of historic structures and
areas.
M. To limit the types of business permitted in the CC
Central Commercial Zoning District to businesses that reflect the
unique character of New Hope and the desired aesthetic ambience of
the downtown commercial area of New Hope to maintain a viable visitor
industry in New Hope.
[Added 11-14-2007 by Ord. No. 2007-12]
In interpreting and applying the provisions
of this chapter, they shall be the minimum requirements for the promotion
of the public health, safety, comfort, convenience and general welfare.
A. This chapter does not repeal, abrogate, annul or in
any way impair, or interfere with existing provisions of other laws
or ordinances, except those specifically repealed by this chapter,
or any private restrictions placed upon property by covenant, deed
or other private agreement unless repugnant hereto.
B. Where the provisions of this chapter impose greater
restrictions than those of any statute, other ordinance, or regulation,
the provisions of this chapter shall control. Where the provisions
of any statute, other ordinance, or regulation impose greater restrictions
than this chapter, the provisions of such statute, ordinance, or regulation
shall control.
It is hereby declared to be the intent of the
Borough Council that:
A. If a court of competent jurisdiction declares any
provision, clause, sentence, or word of this chapter to be invalid
or ineffective, in whole or in part, such decision shall be limited
to those provisions that are expressly stated to be invalid or ineffective.
All other provisions of this chapter shall continue to be separately
and fully effective.
B. If a court of competent jurisdiction finds 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, such decision shall be limited to the person,
property, or situation immediately involved in the controversy. The
application of any such provision to other persons, properties or
situations shall not be affected.