[Ord. 01-09-18-1, 9/18/2001, § 100]
A chapter regulating the location, height, bulk, erection, construction,
alteration, razing, removal and size of structures; the percentage
of a lot which may be occupied; the size of yards and other open spaces;
the density and distribution of population; the intensity of use of
land or bodies of water for trade, industry, residence, recreation,
public activities or other purposes; and the uses of land for agriculture,
water supply, conservation or other purposes in all portions of Plumstead
Township.
[Ord. 01-09-18-1, 9/18/2001, § 101]
This chapter shall be known as and may be cited as the "Plumstead
Township Zoning Ordinance of 1991, as amended in 2001."
[Ord. 01-09-18-1, 9/18/2001, § 102]
The following statement of community development objectives
is adopted pursuant to Section 606 of the Municipalities Planning
Code, 53 P.S. § 10606:
A.
To guide the form, location and timing of growth in order to achieve
a sustainable level and rate of growth and to protect the natural
environment, maintain visual quality, enhance the man-made environment,
and provide services and facilities necessary for the community's
citizens and workers.
B.
To protect clean air, pure water and the other natural resources
of our environment and to guarantee a quality environment for present
and future residents.
C.
To protect agricultural areas in the Township to encourage the continuation
of farming activities, the availability of fresh produce, and the
beneficial effect on the natural and human environment provide by
agricultural practices; and to preserve prime agricultural land.
D.
To promote safe, sound housing and stable neighborhoods for present
and future residents of the Township.
E.
To accommodate nonresidential developments that are compatible with
the residential character of the Township and that do not degrade
the highway network and community services.
F.
To provide active and passive recreation facilities for Township
residents of all ages.
G.
To coordinate land use policies with policies for providing water
supply and wastewater disposal in an environmentally sound manner
that protects the quality and quantity of groundwater.
H.
To protect and maintain the capacity of the Township's roadways by
taking into account the transportation impacts of land use changes
and by accommodating public transportation and pedestrian/bicycle
travel.
I.
To promote, protect, and facilitate the public health, safety and
general welfare; coordinated and practical community development;
the proper density of population; emergency management preparedness
and operations; the provisions of adequate light and air, police protection,
vehicle parking and loading space, transportation, water, sewerage,
schools, recreational facilities, and public grounds; the provision
of a safe, reliable and adequate water supply for domestic, commercial,
agricultural or industrial uses; as well as the preservation of the
natural, scenic and historic values of the environment and the preservation
of forests, wetlands, aquifers and floodplains.
J.
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 in accordance with an overall program
that considers the character of the Township; the character of its
various parts; and the suitability of these various parts for particular
uses and structures.
K.
To provide standards to control the amount of open space and impervious
surfaces within a development and to control the intensity of development
in areas of sensitive natural resources or natural features in order
to reduce or eliminate adverse environmental impacts, including flooding.
L.
To provide methods to implement Article I, Section 27, of the Constitution
of the Commonwealth of Pennsylvania, which decrees that the people
have a right to clean air, pure water, and to the preservation of
the natural, scenic, historic, and aesthetic values of the environment
and to protect natural resources which are a part of the ecological
system to which we are all bound, and therefore are the common property
of all the people, including generations yet to come, and must be
protected to insure the health, safety and welfare of all the people.
M.
To provide for the use of land for commerce, industry, institutions
and residential housing of various dwelling types and to provide for
reasonable overall community growth.
N.
To regulate the growth of the Township, concentrating development
in areas where adequate facilities, roads and schools can be provided
and limiting development in areas where these facilities are not provided.
O.
To lessen the danger and congestion of traffic on the roads and highways
and to reduce excessive numbers of roads.
P.
To protect the Township's historic buildings, historic villages,
historic areas, and historic resources.
[Ord. 01-09-18-1, 9/18/2001, § 103]
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.
Where there are conflicts or differences between this chapter and
any other Township ordinance or statute, the ordinance or provision
requiring a greater or more restrictive standard shall apply.
B.
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 or impliedly repealed by this chapter, or
any private restrictions placed upon property by covenant, deed or
other private agreement unless repugnant hereto.
[Ord. 01-09-18-1, 9/18/2001, § 104]
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 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.
[Ord. 01-09-18-1, 9/18/2001, § 105]
The Township is hereby divided into districts of different types,
each type being of such number, shape, kind and area, and of such
common unity of purpose and adaptability of use, that are deemed most
suitable to carry out the objectives of this chapter and the Comprehensive
Plan. For the purpose of this chapter, the Township is hereby divided
into districts which shall be designated as follows:
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RP
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Resource Protection District
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RO
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Rural Residential District
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R-1
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Rural Residential District
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R-2
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Residential District
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R-3
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Residential District
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R-4
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Residential District (Curative Amendment 1)
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R-5
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Residential District (Curative Amendment 2)
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MHP
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Mobile Home Park District
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VR
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Village Residential District
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VC
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Village Center District
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C-1
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Neighborhood Commercial District
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C-2
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Highway Commercial District
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C-3
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Planned Shopping Center District
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LI
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Light Industrial District
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Q
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Quarry District
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Airport Overlay Zone
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Floodplain Overlay Zone
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[Ord. 01-09-18-1, 9/18/2001, § 106]
Districts are shown in the map entitled "Zoning Map of Plumstead
Township" which accompanies and which, with all explanatory matters
thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[Ord. 01-09-18-1, 9/18/2001, § 107]
Where uncertainty exists with respect to the boundaries of the
district as indicated on the Zoning Map, the following rules shall
apply:
A.
Where district boundaries are indicated as approximately coinciding
with the center lines of streets, highways, railroad lines or streams,
such center lines shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they approximately
coincide with lot lines, such lot lines shall be construed to be said
boundaries, or where district boundaries are extensions of lot lines
or connect the intersections of lot lines, such lines shall be said
district boundaries.
C.
Where district boundaries are so indicated that they are approximately
parallel to center lines of streets or highways, such district boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Map.
D.
Where a district boundary is not fixed by dimensions and where it
approximately follows lot lines, and where it does not scale more
than 10 feet therefrom, such lot lines shall be constructed to be
such boundaries unless specifically shown otherwise.
E.
Where a district boundary divides a lot, the location of such boundary,
unless the same is indicated by dimensions, shall be determined by
the use of the scale appearing on the map.
[Ord. 01-09-18-1, 9/18/2001, § 108; as amended by Ord. 2003-08, 7/1/2002, Art. II]
The list of uses by district contained at the end of this chapter
in Appendix A[1] is provided for convenience only and is not regulatory.
The uses permitted are listed in Parts 4 through 18.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
