A.
Title: "an ordinance establishing regulations and restrictions for
the location and use of lots, land, buildings, and other structures;
the height, number of stories, and size or bulk of buildings and structures;
the density of population; and off-street parking and similar accessory
regulations for the Township of Maidencreek, Berks County, Pennsylvania,
and for said purposes dividing the Township into districts and prescribing
certain uniform regulations for each district, and providing for administrative
enforcement and amendment of its provisions in accordance with the
Pennsylvania Municipalities Planning Code, as amended."
B.
Short title. This chapter shall be known as and may be cited as the
"Maidencreek Township Zoning Ordinance of 2017, as amended."
Except as hereinafter provided, no building, structure, land,
or parts thereof in Maidencreek Township shall be used, occupied,
erected, constructed, assembled, moved, enlarged, removed, reconstructed,
or structurally altered unless in conformity with the provisions of
this chapter.
A.
Community development objectives. This Zoning chapter, including
the provisions, requirements, and districts as hereinafter set forth,
is based upon and intended to give effect to the policies and objectives
set forth in the Fleetwood — Maidencreek — Richmond Joint
Comprehensive Plan and is intended to promote the public health, safety,
and general welfare by achieving the following purposes and objectives
for the development of Maidencreek Township:
(1)
To encourage an appropriate pattern for future development which
recognizes and accommodates environmental conditions, both man-made
and natural.
(2)
To better define the role of Maidencreek Township within the context
of the suburban Reading area.
(3)
To encourage development that will, by virtue of internal design
or relation with existing developed areas, permit the efficient distribution
of community services, thereby supporting the municipal goal of providing
high-quality municipal services at the least possible cost to the
taxpayer.
B.
Purposes legislated by Pennsylvania Municipalities Planning Code,
as amended. The provisions of this chapter are designed to achieve
the following purposes:
(1)
To promote, protect, and facilitate the public health, safety, morals,
and the general welfare; coordinated and practical community development
and proper density of population; access to incident solar energy
and adequate light and air; availability of water supply, sewage disposal
capacity, and vehicle parking and loading space; and an adequate supply
of recreational facilities for public use.
(2)
To preserve the natural, scenic, and historic values in the environment,
preserving forests, wetlands, aquifers, and floodplains.
(3)
To prevent overcrowding of land; blight; danger, and congestion in
travel and transportation; and the loss of health, life, or property
from fire, flood, panic, or other dangers.
(4)
To preserve prime agricultural and farm land considering topography,
soil type, soil classification, and present use.
(5)
To provide for the residential use of land within the Township within
housing units of various dwelling types, encompassing all basic forms
of housing.
(6)
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.
A.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements adopted for the promotion
of the public health, safety, and general welfare of the residents
and occupants of the Township.
B.
Where this chapter imposes greater restrictions than those of any
other Township statute, ordinance or regulation, the provisions of
this chapter shall be complied with. Where the provisions of any other
Township statute, ordinance, or regulation impose greater restrictions
than this chapter, the provisions of such other Township statute,
ordinance, or regulation shall be complied with unless otherwise stated
in this chapter.
This chapter shall not apply to any existing or proposed building
or extension thereof that is used or proposed to be used by a public
utility corporation if, upon petition of the corporation, the Pennsylvania
Public Utility Commission shall, after a public hearing, decide that
the present or proposed situation of the building in question is necessary
for the public welfare or convenience.
A.
Should any article, section, subsection, paragraph, clause, phrase
or provision of this chapter be declared by court of competent jurisdiction
to be unconstitutional or invalid, such decision shall not affect
the validity of the chapter as a whole or any part thereof other than
the part so decided to be unconstitutional or invalid.
B.
It is not the intent of this chapter to interfere with, abrogate,
or annul any rules or regulations previously issued by the Township,
provided the same are not in conflict with any provision of this chapter,
nor is it the intent of this chapter to interfere with, abrogate,
or annul any easement, covenant, building restriction, or any other
agreement between or among private parties.
C.
All ordinances, resolutions, regulations, or any parts of such which
are inconsistent with the regulations of this chapter are hereby repealed
to the extent of such inconsistency.
This chapter shall not create liability on the part of Maidencreek
Township or on any officer or employee thereof for any damages that
result from reliance on this chapter or any administrative decision
lawfully made pursuant to the provisions hereof.
