This chapter shall be known and be cited as the "Muncy Borough Zoning Ordinance of 2009" and is intended to serve as a comprehensive amendment of the Muncy Borough Zoning Ordinance enacted by the Council of Muncy Borough on May 4, 1976, as subsequently amended.
A. 
The Pennsylvania Municipalities Planning Code (P.L. 1329, Act 170, as reenacted December 21, 1988, and as subsequently amended)[1] provides that the Council of Muncy Borough may implement Comprehensive Plans or accomplish any of the purposes of the Planning Code by enacting a zoning ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The Council of Muncy Borough, Lycoming County, Pennsylvania, under the authority cited above, does hereby ordain that this Zoning Ordinance was enacted in order to promote and protect the health, safety, morals, and general welfare of the residents of the Borough.
The zoning regulations and districts herein set forth were developed in accordance with an overall program for the Borough, with consideration being given to the character of the area, the municipality's various parts, and the suitability of the various parts for particular uses and structures. As such, the regulations were designed to:
A. 
Promote, protect and facilitate:
(1) 
The public health, safety, morals, and the general welfare;
(2) 
Coordinated and practical community development; and proper density of population;
(3) 
Emergency management preparedness and operations, airports and national defense facilities;
(4) 
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
(5) 
Preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
B. 
Prevent the overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life, or property from fire, flood, panic or other dangers;
C. 
Provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing;
D. 
Accommodate reasonable overall community growth and provide opportunities for development of a variety of residential dwelling types and nonresidential uses; and
E. 
Facilitate appropriate development of the Borough, protect the tax base, and encourage economy in public expenditures.
This chapter provides a legal basis and framework for future development in Muncy Borough. Its provisions were guided by the community goals and objectives set forth in the Muncy Creek Multi-Municipal Comprehensive Plan, adopted by resolution of the Muncy Borough Council on December 7, 2004, or as may hereafter be amended. Those goals and objectives represent the Borough's findings with respect to land use; density of population; the need for housing, commerce and industry; the location and function of streets and other community facilities and utilities; and the need for protecting natural resources, and other factors which the Board believes relevant in guiding the future development of the municipality.
This chapter is not intended to create nor assume liability on the part of Muncy Borough or any officer or employee thereof for any fire, flood, or other damage that may result from reliance on this chapter or from any administrative decisions lawfully made thereunder. These regulations shall not guarantee a specific level of protection for any construction. The applicant shall in all cases rely on accepted engineering methods or building practices when designing or constructing structures approved pursuant to these regulations. Furthermore, issuance of a zoning permit shall not constitute a representation, guarantee, or warranty of any kind by the Borough as to the accuracy of information provided by the applicant as part of a permit application.
The provisions of this chapter shall be held to be minimum requirements to meet the purposes stated herein. Where the provisions of this chapter impose greater restriction than those of any other statute, ordinance, or regulation, the provisions of this chapter shall prevail, except as may be otherwise provided by such statute, ordinance, or regulation. Where, however, the provisions of any other statute, ordinance, or regulation impose greater restriction than those of this chapter, the provisions of such statute, ordinance, or regulation shall prevail.