This chapter shall be known and may be cited as the "Towamencin
Township Zoning Ordinance of 1956, as amended by Ordinance No. 95-10
of 1995."
The title of this chapter is "An ordinance regulating the height,
bulk, erection, construction, alteration, razing, removal and size
of structures; the percentage of lot which may be occupied; the size
of yards, courts, and other open spaces; the density and distribution
of population; the intensity of use of land, watercourses and other
bodies of water for trade, industry, residence, recreation, public
activities and other purposes, and the use of land for agriculture,
water supply, conservation or other purposes, in all portions of Towamencin
Township."
[Amended 5-23-2001 by Ord. No. 01-7]
This chapter, except to the extent that those regulations of mineral extraction by local ordinances and enactments have heretofore been superseded and preempted by the Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act," the Act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal Surface Mining Conservation and Reclamation Act," and the Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act," and to the extent that the subsidence impacts of coal extraction are regulated by the Act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1), known as the "Bituminous Mine Subsidence and Land Conservation Act," and that regulation of activities related to commercial agricultural production would exceed the requirements imposed under the Act of May 20, 1993 (P.L. 12, No. 6), known as the "Nutrient Management Act," regardless of whether any agricultural operation within the area to be affected by the chapter would be a concentrated animal operation as defined by the Nutrient Management Act, the Act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural Area Security Law," or the Act of June 10, 1982 (P.L. 454, No. 133), entitled "An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances," or that regulation of other activities are preempted by other federal or state laws, may permit, prohibit, regulate and restrict uses of land, water sources and other bodies of water in accordance with Article VI of the Pennsylvania Municipalities Planning Code (Act 247), as amended, and is enacted for the following purposes:
A.
To promote the health, safety, and the general welfare of the Township.
B.
To promote, protect, encourage, and facilitate coordinated practical
community development.
C.
To facilitate the adequate provision of transportation, vehicular
parking and loading, water supply, sewage, schools, parks and other
public requirements.
D.
To encourage the most appropriate use of land throughout the Township.
E.
To provide for the conservation, protection and preservation of natural
and historic resources and prime agricultural land and activities
to the greatest extent practicable.
F.
To encourage the conservation of the natural, scenic and historic
values and amenities of the environment including woodlands, wetlands,
aquifers, floodplains and the like.
G.
To accommodate reasonable overall community growth and provide for
opportunities for the development of a variety of land use types.
H.
To encourage maintenance, management of forested or open space, and
promote the conduct of forestry as a sound and economically viable
use of forested land throughout the Township.
I.
To protect prime agricultural land and promote the establishment
of agricultural security areas.
J.
To encourage the continuity, development and viability of agricultural
operations and to not restrict agricultural operations or changes
to or expansion of agricultural operations in geographic areas where
agriculture has traditionally been present, unless the agricultural
operation will have a direct adverse affect on the public health and
safety.
K.
To provide for the reasonable development of minerals in the Township.
Giving effect and enforcement to the following land use and
development policies and proposals established by the Towamencin Township
Comprehensive Plan dated and duly adopted by the Board of Supervisors
on February 9, 1989, as last amended, and herein incorporated by reference.
A.
Guiding and encouraging the future development of the Township in
accordance with comprehensive planning of land use and population
density that represents the most beneficial and convenient relationships
among the residential, commercial, industrial and recreational areas
within the Township, having regard to their suitability for the various
uses appropriate to each of them and their potentiality for such uses,
as indicated by topography, soil conditions, existing man-made conditions,
community facilities and trends in population, housing, commerce and
industry, in the direction and manner of the use of land, in building,
development, and economic activity, considering such conditions and
trends both within the Township and with respect to the relation of
the Township to surrounding areas.
B.
Protecting the character and the social and economic stability of
each of such areas and encouraging their orderly and beneficial growth
while identifying the need for preserving agricultural land and protecting
natural resources as relevant in protecting said character and social
and economic stability.
C.
Protecting and conserving the value of land and buildings throughout
the Township, depending upon necessity or circumstances, appropriate
to the various zoning districts established herein.
D.
Bringing about, through proper timing, the gradual conformity of
land use to the Comprehensive Plan aforesaid, and minimizing conflicts
among the uses of land and buildings.
E.
Aiding in bringing about the most beneficial relation between land
use and the circulation of traffic throughout the Township, having
particular regard to traffic to and from the expressways, and to avoidance
of congestion in the streets and the provision of safe and convenient
access appropriate to the various land uses.
F.
Aiding 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.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
and protection of the public health, safety and general welfare of
the residents, and the physical and natural environment of the Township.
In applying and interpreting the provisions of this chapter the following
provisions shall apply:
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 lesser number of stories, or
require a greater percentage of lot to be left unoccupied, or impose
other more restrictive standards than are required in or under other
statute, the provisions of the regulations made under authority of
this chapter shall be controlling.
B.
Whenever the provisions of any other statute require a greater width
or size of yards, courts or other open spaces, or require a greater
percentage of lot to be left unoccupied, or impose other more restrictive
standards than are required by any regulation made under authority
of this chapter, the provision of said statute shall be controlling.
C.
This chapter does not repeal, abrogate, annul or in any manner impair
or interfere with existing provisions of other laws or ordinances,
except those specifically or implicitly repealed by this chapter,
or any private restrictions placed upon property by covenant, deed
or other private agreement unless repugnant hereto.
E.
Since it is impossible to provide standards for every conceivable
use within this chapter, any use not specifically listed within this
chapter, unless prohibited as stipulated herein, may be permitted
by the Zoning Hearing Board after public notice, hearing and testimony
as a special exception and said use shall be subject to the special
exception provisions of this chapter and shall be permitted only within
the district in which the most closely related use is currently permitted
by this chapter as determined by the Zoning Hearing Board.
This chapter is not intended to repeal, abrogate, annul or interfere
with any existing ordinances or enactment, or with any rule, regulation
or permit adopted or issued thereunder, except insofar as the same
may be inconsistent or in conflict with any of the provisions of this
chapter.
It is hereby declared by the Board of Supervisors of Towamencin
Township that the provisions, sections and subsections of this chapter
are severable in accordance with the following provisions:
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.
This chapter shall become effective five days after the date
of its formal adoption by the Towamencin Township Board of Supervisors,
and in accordance with applicable provisions of the Pennsylvania Municipalities
Planning Code, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The existing Zoning Ordinance, adopted April 2, 1956, as amended
through December 19, 1990, and entitled "The Towamencin Township Zoning
Ordinance of 1956," and all supplements and amendments thereto, upon
adoption of this chapter, are hereby repealed. This chapter does not
repeal provisions of other laws or ordinances except those specifically
or implicitly repealed by this chapter. Further provided, however,
if the present chapter is held to be ineffective or invalid by reason
of some irregularity in, or impediment to, its passage, this repealer
shall also be ineffective as aforesaid. Then, and only in that event,
the Zoning Ordinance of 1956, together with its supplements and amendments,
would remain in full force and effect, only and until such time as
the irregularity in, or impediment to, this chapter has been overcome.
The regulations of this chapter shall apply uniformly to each class, use and structure within each district except as otherwise provided herein and permitted under provision of Article VI of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
Hereinafter, there shall be no change of the use of any land,
structure or portion thereof, the change, alteration, or extension
of a nonconforming use or structure, or the construction, razing,
moving, erection, structural change, alteration of, or addition to,
any structure or portion thereof, the grading or earth moving, and/or
erection of any stationary sign unless and until a valid permit has
been approved by, and acquired from, the Towamencin Township Zoning
Officer or his designated representative in conformance with all the
regulations and procedures herein specified. Failure to obtain a required
permit shall constitute a violation of this chapter as herein provided.
