[Ord. 558, 9/4/2012]
An ordinance regulating and restricting the height, number of
stories, and size of buildings and other structures; their construction,
alteration, extension, repair, maintenance and all facilities and
services in or about such buildings and structures; the percentage
of lot that may be occupied, the size of yards, courts and other open
spaces; the density of population and the location and use of buildings,
structures and land for trade, industry, residence or other purpose;
and the establishment and maintenance of building lines and setback
building lines upon any or all public roads or highways of the Township
of Lower Southampton.
[Ord. 558, 9/4/2012]
This chapter shall be known as and may be cited as the "Lower
Southampton Township Zoning Ordinance."
[Ord. 558, 9/4/2012]
The purposes of this chapter are the promotion of the public
health, safety, morals or the general welfare, and:
A. To promote, protect and facilitate the public health, safety and
general welfare; coordinated and practical community development and
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, public grounds, the provision of
a safe, reliable and adequate water supply for domestic, commercial,
agricultural or industrial use; as well as preservation of the natural,
scenic and historic values of the environment and preservation of
forests, wetlands, aquifers and floodplains.
B. 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
and with consideration for the character of the municipality, its
various parts and the suitability of the various parts for particular
uses and structures.
C. To provide standards to control the amount of open space and impervious
surfaces within a development; to control the intensity of development
in areas of sensitive natural resources or natural features in order
to reduce or eliminate adverse environmental impacts.
D. To provide methods to implement Article
I, § 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 ensure the health, safety and welfare of all the people.
E. To provide for the use of land for commerce, industry, institutions
and residential housing of various dwelling types and reasonable overall
community growth.
F. To regulate the growth of the Township.
G. To lessen the danger and congestion of traffic on the roads and highways.
H. To protect the Township's historic buildings and historic resources.
I. To give effect to policies and proposals of the Comprehensive Plan
of Lower Southampton Township of current adoption.
(1) To protect the natural environments.
(2) To provide a variety of housing opportunities.
(3) To help maintain the tax base.
(4) To provide and maintain efficient public services and facilities.
(5) To maintain and enhance the transportation system.
(6) To maintain and enhance the character of Township neighborhoods.
(7) To enhance the historic integrity of villages and protect historic
resources.
J. To encourage practices that save energy, reduce harmful environmental
impacts, reduce reliance on fossil fuels, and encourage "greener"
practices in overall community development.
[Ord. 558, 9/4/2012]
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.
Where the provisions of any statute, other ordinance or regulation
impose greater restrictions than this chapter, the provisions of such
statute, ordinance or regulation shall be controlling.
[Ord. 558, 9/4/2012]
The provisions of this chapter shall be severable, and if any
of the provisions hereof shall be held to be unconstitutional, invalid
or illegal by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter. It is hereby declared to be the legislative intent of this
chapter that this chapter would have been enacted had such unconstitutional,
invalid or illegal provisions not been included herein.
[Ord. 558, 9/4/2012]
It is hereby declared to be the intent of the Township of Lower
Southampton 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 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 situation shall
not be affected.