This chapter shall be known and cited as the "Cecil Township
Zoning Ordinance."
This chapter is adopted pursuant to authority of the Pennsylvania
Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted
and amended, and the Second Class Township Code, Act of May 1, 1933,
P.L. 103, No. 69, as amended.[1] Whenever any provision of this chapter refers to or cites
a section of the above acts and that section is later amended or superseded,
this chapter shall be deemed amended to refer to the amended section
or the section that most nearly corresponds to the superseded section.
[1]
Editor's Note: See 53 P.S. § 10101 et seq., and
53 P.S. § 65101 et seq., respectively.
A.
This chapter is adopted to promote an orderly plan of development
according to an established Comprehensive Plan, including data on
existing conditions, statements concerning the proposed plan, and
evaluation of implementation techniques. Such material shall be considered
legislative history and shall be utilized when necessary to establish
policy in the interpretation of this chapter. It is the purpose of
this chapter to prescribe certain common restrictions applicable within
each zoning district throughout the municipality. The zoning regulations
and districts set forth in this chapter are created in accordance
with the Land Use Plan Goals and Objectives contained in the Comprehensive
Plan of the Township. Those Land Use Plan Goals and Objectives constitute,
along with the following, the Township's Statement of Community Development
Objectives.
(1)
Protect and promote the public health, safety and general welfare.
(2)
Guide future growth and development in accordance with Comprehensive
Plan policies.
(3)
Secure adequate light, air, convenience of access, and safety from
fire, flood and other danger; prevent undue concentration of population;
prevent congestion in the public ways.
(4)
Provide for adequate transportation, pedestrian movement, water,
sewerage, schools, parks and other public improvements in the Township.
(5)
Restrict development in areas prone to flooding.
(6)
Restrict the kind and intensity of uses, and encourage the elimination
of nonconforming uses of land and structures.
(7)
Provide for performance standards for the emission of noise, gases,
heat, vibration or particulate matter into the air or ground or across
lot lines.
(8)
Protect and conserve the value of land, buildings and other improvements
upon the land, and minimize the conflicts among the uses of land and
buildings.
(9)
Protect the character and social and economic stability of the Township
and encourage the orderly and beneficial development of the Township.
(10)
Establish reasonable standards of design and procedures for
subdivision and land development, in order to further the orderly
layout and use of land, and ensure proper legal descriptions, documentation
and monumentation of subdivided land.
(11)
Ensure that public facilities are available and will have a
sufficient capacity to serve proposed subdivisions or land development.
(12)
Prevent the pollution of air and watercourses; ensure the adequacy
of drainage facilities; safeguard the water table; and encourage the
wise use and management of natural resources in order to preserve
the community and value of the land.
(13)
Preserve the natural beauty and topography of the Township and
ensure appropriate development with regard to these natural features.
(14)
Provide for open space through efficient design and layout of
the land.
(15)
Promote cooperation with neighboring municipalities, where subdivision
of land affects properties adjacent to the Township boundary, for
the uniform benefit and protection of all affected properties.
(16)
Administer this chapter by defining the powers and duties of
administrative bodies and officials, and the manner and form of making,
filing and processing of applications.
B.
This section shall be considered, together with all the provisions
of this chapter, when appraising the "spirit of the ordinance," as
a guide to its interpretation. Nothing herein shall be interpreted
as providing limitations on specific controls delineated in subsequent
sections of this chapter.
It is the intent of the Board of Supervisors that this chapter
implement the planning policies adopted by the Board for the Township,
as reflected in the Comprehensive Plan and other planning documents.
While the Board reaffirms its commitment that this chapter and any
amendment to it be in conformity with adopted planning policies, the
Board hereby expresses its intent that neither this chapter nor any
amendment to it may be challenged on the basis of any alleged nonconformity
with any planning document.
A.
Provisions of chapter declared to be minimum standards. In their
interpretation and application, the provisions of this chapter shall
be held to be the minimum requirements, adopted for the promotion
of the public health, safety and general welfare. Where any provision
of this chapter imposes restrictions different from those imposed
by any other provision of this chapter or any other ordinance, rule,
regulation or provision of law, whichever provisions are more restrictive
or impose higher standards shall control.
B.
Conflict with private provisions. This chapter is not intended to
abrogate any easement, covenant or any other private agreement or
restriction, provided that where the provisions of this chapter are
more restrictive or impose higher standards or regulations than such
easement, covenant or other private agreement or restriction, the
requirements of this chapter shall govern. Where the provisions of
the easement, covenant or private agreement or restriction impose
more restrictive duties and obligations, or higher standards than
the requirements of this chapter or the determination of the Board
of Supervisors in approving a subdivision or in enforcing this chapter,
and such private provisions are not inconsistent with this chapter
or determination thereunder, such private provisions shall be operative
and supplemental to this chapter and determinations made thereunder.
A.
New uses and structures. In all districts, after the effective date
of this chapter, any new building or other structure on any tract
of land shall be constructed and used only in accordance with the
applicable regulations specified herein.
B.
Existing uses and structures. In all districts, after the effective
date of this chapter, any existing building, structure, use or tract
of land, legal prior to the adoption of this chapter and not in conformity
with the regulations for the district in which it is located, shall
be deemed nonconforming and subject to regulations for nonconforming
buildings, structures, uses and land. A situation that did not constitute
a lawful, nonconforming situation under the previously adopted zoning
and subdivision ordinances does not achieve lawful nonconforming status
under this chapter merely by repeal of the Zoning Ordinance and Subdivision
and Land Development Ordinance.
C.
Effect of date of adoption on newly issued permits. All buildings
for which permits have been obtained and the construction of which
or a portion of which has been begun, or for which a contract or contracts
have been let pursuant to a permit issued prior to the effective date
of this chapter, may be completed and used in accordance with the
plans on which said permit was granted. All permits for structures
or uses issued prior to the adoption of this chapter, if such construction
or use does not conform to the provisions of this chapter, are declared
void 90 days from the effective date of this chapter unless:
D.
Uses permitted. Any use that is not specifically permitted in a district
is prohibited in that district. No land or building shall be devoted
to any use other than those listed as permitted uses in the zoning
district in which the land or building is located, except for uses
lawfully established prior to the effective date of this chapter,
conditional uses as approved by the Board of Supervisors, and uses
approved by the Zoning Hearing Board, subject to any special restrictions
and conditions specified in this chapter or by the respective Boards.
E.
Fees. Every application filed pursuant to the provisions of this
chapter shall be subject to an application fee as established by the
Board of Supervisors, who shall determine a schedule of fees, charges
and expenses by resolution and shall determine a collection procedure
for special permits, variances, amendments and other matters pertaining
to this chapter. Said schedule of fees shall be posted in the office
of the Zoning Officer. The Board shall be empowered to reevaluate
the fee schedule and make necessary alterations. Such alterations
shall not be considered an amendment to this chapter and may be adopted
at any public meeting of the Board of Supervisors. All such fees,
payable to "Cecil Township Supervisors," shall be paid into the Township
treasury, and no application shall be accepted or acted upon unless
the Township receives payment. The owner of the property subject of
the application and, if different, the applicant, shall be jointly
and severally liable for the payment of the fee. The failure to fully
pay any such fee or required deposit when due shall be grounds for
refusing to process an application and for denying and revoking any
permit or approval sought or issued with respect to the land or development
to which the unpaid fee or required deposit relates.
