This chapter is enacted and ordained under the grant of powers
contained in the Pennsylvania Municipalities Planning Code (MPC).
This chapter shall be known as and may be cited as "The Township
of Fairview Zoning Ordinance," "The Fairview Township Zoning Ordinance,"
or "Zoning Ordinance."
The purpose of this chapter is to:
A. Promote, protect, and facilitate one or more of the following: the
public health, safety, morals, or general welfare; the provision of
adequate light and air; and other public requirements.
B. Prevent one or more of the following: overcrowding; blight; or loss
of health, life or property from fire, flood, or other dangers.
C. Establish a Zoning Map dividing the Township of Fairview into zoning
districts with varying regulations.
D. Permit, prohibit, regulate and determine the uses of land, watercourses,
and other bodies of water; the size, height, bulk, location, erection,
construction, repair, expansion, razing, removal, and use of buildings
and structures, as well as yards and other open areas to be left unoccupied.
E. Establish the requirements for density and intensity of uses.
F. Promote innovative design to preserve and enhance the established
and important sense of community neighborhoods and areas.
G. Serve as a tool that is part of an overall plan for the orderly,
appropriate and compatible preservation, growth, and development in
the Township of Fairview, by incorporating the overall objectives
and principles of, as well as seeking to implement portions of the
most recent version of the Fairview Township Comprehensive Plan, and/or
other applicable plans adopted by the Township of Fairview.
H. Affect any additional purposes provided for in Articles
I,
VI, VII-A, and elsewhere in the Pennsylvania Municipalities Planning Code (MPC).
The granting of a zoning permit for the erection or use of a
structure, building, or lot shall not constitute a representation,
guarantee or warranty of any kind or nature by the Township of Fairview,
or an official or employee, thereof, of the safety of any structure,
building, use, or other proposed plan from cause whatsoever, and shall
create no liability upon or a course of action against the Township
of Fairview or such public official or employee for any damage that
may be pursuant thereto.
It is recognized that the following acts preempt zoning ordinances.
Therefore, suggestions, recommendations, options or directives contained
herein are intended to be implemented only to the extent that they
are consistent with and do not exceed the requirements of these acts.
Nothing contrary to these acts shall be mandated by this chapter.
A. Act of June 22, 1937 (P.L. 1987, No. 394) known as "The Clean Streams
Law";
B. Act of May 31, 1945 (P.L. 1198, No 418) known as the "Surface Mining
Conservation and Reclamation Act";
C. Act of April 27, 1966 (first Special Session, P.L. 31, No. 1) known
as "The Bituminous Mine Subsidence and Land Conservation Act";
D. Act of September 24, 1968 (P.L. 1040, No. 318) known as the "Coal
Refuse Disposal Control Act";
E. Act of December 19, 1984 (P.L. 1093, No. 219) known as the "Noncoal
Surface Mining Conservation and Reclamation Act";
F. Act of December 19, 1984 (P.L. 1140, No. 223) known as the "Oil and
Gas Act";
G. Act of June 30, 1981 (P.L. 128, No. 43) known as the "Agricultural
Area Security Law";
H. Act of June 10, 1982 (P.L. 454, No. 133) entitled "An act protecting
agricultural operations from nuisance suits and ordinances under certain
circumstances"; and
I. Act of May 20, 1993 (P.L. 12, No. 6) known as the "Nutrient Management
Act."
The preexisting chapter or ordinance relating to zoning in the
Township of Fairview, as amended, is hereby expressly repealed; provided,
further that nothing in this chapter shall be construed to affect
any suit or proceeding pending in any court, or any rights acquired
or liability incurred, or any permit issued or approval granted or
any cause or causes of action arising prior to the enactment of this
chapter. All chapters and ordinances or parts of chapters and ordinances
and all resolutions or parts of resolutions which are inconsistent
herewith by virtue of references or incorporation of requirements
contained in the preexisting chapter or ordinance relating to zoning
in the Township of Fairview, as amended, shall, as nearly as possible,
be construed to reference this chapter.
This chapter shall take effect on the 25th day of March 2013,
as enacted and ordained by the Board of Supervisors of the Township
of Fairview.