Middle Smithfield Township is hereby divided into districts
as shown on the Zoning Map, which shall be known as the "Middle Smithfield
Township Zoning Map of 2010-A," commonly referred to as the "Zoning
Map," together with all explanatory matters thereon. A true and correct
copy of the Official Zoning Map is attached hereto and made a part
hereof as Appendix A.[1] The Zoning Map is hereby adopted by reference and declared
to be part of this ordinance, together with all future notations,
references and amendments thereto.
[1]
Editor's Note: Appendix A, Middle Smithfield Township Zoning Map of 2010, is included at the end of this chapter.
The Zoning Map shall be identified by the signature of the Board
of Supervisors and attested by the Township Secretary and shall bear
the adoption date of this chapter and the words "Middle Smithfield
Township Zoning Map of 2010-A." The Zoning Map shall contain a block
to identify all future changes to the map, indicating the date thereof
as well as the corresponding ordinance number. The Zoning Map shall
be retained in the Township Building.
A.
If, in accordance with the provisions of this ordinance and the MPC,
as amended, changes are made in district boundaries or other matters
portrayed on the Zoning Map, such changes shall be entered on the
Zoning Map promptly after the amendment has been approved by the Board
of Supervisors by ordinance.
B.
No change of any nature shall be made in the Zoning Map or matter
shown thereon except in conformity with the procedures set forth in
this ordinance. All changes shall be noted by date with a brief description
of the nature of the change.
The Zoning Map shall be located in the Township building and
shall be the final authority as to the current zoning status of land
and water areas in the Township, regardless of unofficial copies which
may have been made or published from time to time.
A.
In the event that the Zoning Map becomes damaged, destroyed,
lost or difficult to interpret because of the nature of changes and
additions, the Township Supervisors may, by resolution, adopt a new
Zoning Map, which shall supersede the prior Zoning Map. The new Zoning
Map may correct drafting or other errors or omissions in the prior
Zoning Map, but no such correction shall have the effect of amending
the original Zoning Map or any subsequent amendment thereof. The new
Zoning Map shall be identified by the signatures of the Township Supervisors,
attested by the Township Secretary and bearing the following words:
"This is to certify that this Zoning Map supersedes and replaces the
Zoning Map adopted on __________, as part of Ordinance No. _____,
Middle Smithfield Township, Monroe County, Pennsylvania, as amended."
B.
Unless the prior Zoning Map has been lost or has been totally
destroyed, the prior map or any significant parts thereof remaining
shall be preserved, together with all available records pertaining
to its adoption or amendment.
For the purpose of this chapter, Middle Smithfield Township
is hereby divided into the following zoning districts, with the following
abbreviations:
CON
|
Conservation District
|
RR
|
Rural Reserve District
|
R1
|
Residential District
|
R2
|
Residential District
|
R3
|
Residential District
|
PRD
|
Planned Residential Development District
|
C1
|
Commercial District
|
C2
|
Commercial District
|
I
|
Commercial Industrial District
|
A.
For the purposes of this chapter, the zoning districts named
in § 031-010 hereinabove shall be of the number, size, shape
and location as shown on the Zoning Map.
B.
In addition to serving the overall purposes and objectives of
this chapter and the Comprehensive Plan, each zoning district is intended
to serve the following purposes:
(1)
CON Conservation District: to provide for the preservation and
maintenance of areas with significant important natural features,
such as wetlands, flood-prone lands and steep-sloped areas; to protect
the water quality and habitats along the Delaware River, lakes and
creeks and promote groundwater recharge; to recognize that many of
these areas have limited road access; to recognize that most of these
areas are not near existing public water and sewage systems and to
provide these areas as sending areas for the transfer of development
rights (TDR).
(2)
RR Rural Reserve District: to provide for development with a
low average intensity in areas that include significant important
natural features, such as wetlands, flood-prone lands and steep-sloped
areas; to protect the water quality and habitats along creeks and
around lakes and promote groundwater recharge; to provide for single-family
detached dwellings; to provide incentives and a certain amount of
flexibility in lot layout so that development can be clustered on
the most suitable portions of a tract of land in order to preserve
natural resources while still avoiding overly intense development
through the Senior Active Adult Development Option and/or the Conservation
Development Option; to recognize that most of these areas are not
near existing public water and sewage systems; and to provide these
areas as sending areas for the transfer of development rights (TDR).
(3)
R1 Residential District: to provide for low-density residential
neighborhoods; to provide incentives and a certain amount of flexibility
in lot layout so that development can be clustered on the most suitable
portions of a tract of land in order to preserve natural resources
while still avoiding overly intense development; to provide a mix
of neighborhood-scale services; and to protect these areas from incompatible
uses.
(4)
R2 Residential District: to provide for medium-density residential
neighborhoods that provide a mix of housing types; to provide a mix
of neighborhood-scale services; to protect these areas from incompatible
uses; to promote traditional neighborhood developments (TNDs);[1] and to serve as a secondary receiving area for the transfer
of development rights (TDR).
(5)
R3 Residential District: to provide for higher density residential
neighborhoods; to provide a mix of neighborhood-scale services; to
promote traditional neighborhood developments (TNDs); to promote adaptive
reuse and infill small-scale commercial development to enhance existing
neighborhoods; and to serve as a secondary receiving area for the
transfer of development rights (TDR).
(6)
C1 Commercial District: to provide a commercial area with easy
pedestrian access and visual impact; to provide for a variety of commercial
uses along major highways where a variety of commercial uses are already
present; to provide for a wider range of commercial uses than the
C2 Commercial District, including uses that are more auto-related
(such as car washes and gas stations); to carefully locate commercial
areas and commercial driveways to maximize traffic safety and minimize
congestion problems along roads; and to serve as a primary receiving
area for the transfer of development rights (TDR).
(7)
C2 Commercial District: to promote compact, nonresidential development;
to provide for a variety of professional offices and commercial uses
which are compatible with existing residential uses within the district
and with surrounding residential and nonresidential uses; to carefully
locate commercial areas and commercial driveways to maximize traffic
safety and minimize congestion problems along roads; and to serve
as a primary receiving area for the transfer of development rights
(TDR).
(8)
I Commercial Industrial District: to provide for commercial
development and certain types of industrial development in a manner
that is compatible with nearby homes and the surrounding environment;
to carefully control the types of industrial operations to avoid nuisances
and environmental hazards; to encourage coordinated development, particularly
with regard to traffic access; to recognize that Middle Smithfield
is not suitable for large areas of industrial development due to the
proximity of dwellings, lakes, streams and creeks; and to advocate
environmental sensitivity and reuse/reclamation of industrial land.
(9)
PRD Planned Residential Development District: the PRD District
is intended to recognize ongoing developments that were approved under
preexisting PRD provisions of prior Township zoning ordinances, namely,
Water Gap Preserve, Country Club of the Poconos at Big Ridge and Fairway
Villas, all of which have plats recorded in the Monroe County Recorder
of Deeds Office, PRDs are designed to provide opportunities for a
mix of housing types with limited commercial development and to require
the permanent preservation of open space.
A.
Floodplain Overlay District. The Floodplain Overlay District is hereby
created to be coterminous with the areas which are subject to the
one-hundred-year flood, as identified in the most current Flood Insurance
Study and the accompanying FIRM (Flood Insurance Rate Map) issued
for Middle Smithfield Township by the Federal Emergency Management
Agency, as may be amended from time to time. The Floodplain Overlay
District shall be governed by the regulations set forth herein.
B.
Resort Complex/Commercial Resort Overlay District. A Resort Complex/Commercial Resort is intended to provide opportunities for a mix of commercial, resort, residential and other compatible uses; to promote unified and coordinated development with interior traffic access; to promote development that does not create conflicts with neighboring zoning districts; and to promote the preservation of unique environmental features of the land. The rules and regulations governing the existing and new Resort Complex/Commercial Resort Development Options are set forth in this chapter, Article VI, Development Options, Division 61, Resort Complex/Commercial Resort Development Option. Under the former Middle Smithfield Township Zoning Ordinance of 2004, with regard to Resort District and Resort Commercial Districts, the municipality issued formal recognition of the Ski Shawnee Resort Complex and the Fernwood Hotel and Resort Complex as resort complexes.
D.
Senior Active Adult Development Option District. The rules and regulations governing senior active adult developments are set forth in this chapter, Article VI, Development Options, Division 62, Senior Active Adult Development Option.
A.
The regulations set by this chapter shall apply uniformly to each
class or kind of structure or land except as provided for in this
chapter.
B.
No structure shall hereafter be erected, used, constructed, reconstructed,
structurally altered or occupied, and no land shall hereafter be used,
developed or occupied unless it is in conformity with the regulations
herein specified for the use and district in which it is located.
C.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
Where uncertainty exists as to the boundaries of districts as
shown on the Zoning Map, the following rules shall apply:
A.
District boundary lines are intended to follow or be parallel to
the center line of street rights-of-way, streams and railroads and
lot lines as they existed on a recorded deed or plan of record in
the County Recorder of Deeds office at the time of the adoption of
this chapter unless such district boundary lines are fixed by dimensions
as shown on the Zoning Map.
B.
Where a district boundary is not fixed by dimensions and where it
approximately follows lot lines, such boundary shall be construed
to follow such lot lines unless specifically shown otherwise.
C.
The location of a district boundary on unsubdivided land, or
where a district boundary divides a lot, shall be determined by the
use of the scale appearing on the Zoning Map unless indicated otherwise
by dimensions.
D.
Where a municipal boundary divides a lot, the minimum lot area
shall be regulated by the municipality in which the principal uses
are located unless otherwise provided by applicable case law. The
land area within each municipality shall be regulated by the use regulations
and other applicable regulations of each municipality.
E.
Where physical or cultural features existing on the ground are
at variance with those shown on the Zoning Map, or if uncertainty
exists as to the true location of a district boundary line in a particular
instance, the Zoning Officer shall request the Zoning Hearing Board
to render its determination with respect thereto.
Any territory which may hereafter become part of the Township
through annexation or a boundary adjustment shall be classified as
RR Rural Reserve District of Middle Smithfield Township until said
territory is classified otherwise as determined by the Board of Supervisors.
This chapter is intended to continue the objective of compatible
land uses across municipal boundaries and, therefore, requires additional
setbacks and buffer yards when certain uses would abut an existing
dwelling or a residential zoning district, whether such abutting existing
dwelling or principally residential zoning district is located in
an abutting municipality or within Middle Smithfield Township.