[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A Joint Municipal Zoning Ordinance regulating the location,
height, bulk, erection, construction, alteration, razing, removal,
and size of structures; the percentage of lot which may be occupied;
the size of yards, courts, and other open spaces; the density and
distribution of population; the intensity of use of land or bodies
of water for trade, industry, residence, recreation, public activities,
or other purposes; and the uses of land for agriculture, water supply,
conservation, or other purposes, in all portions of the Newtown Area
Joint Municipal Planning Region, which comprises Newtown Township,
Upper Makefield Township, and Wrightstown Township.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
This Ordinance shall be known as and may be cited as the "Joint
Municipal Zoning Ordinance for Newtown Township, Upper Makefield Township,
and Wrightstown Township, 2006," as amended from time to time.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The purpose of this Ordinance is the implementation of the Newtown
Area Joint Municipal Comprehensive Plan for Newtown Township, Upper
Makefield Township, and Wrightstown Township and the promotion of
health, safety, convenience, order, and welfare of present and future
inhabitants of the participating municipalities by:
A. Promoting and protecting the health, safety, and general welfare
of the inhabitants of the municipalities including Newtown Township,
Upper Makefield Township, and Wrightstown Township; securing safety
from fire, panic, and other dangers; providing adequate light and
air; preventing the overcrowding of land; and avoiding undue concentration
of population;
B. Promoting a regional land-use pattern which recognizes those historical,
cultural, and natural features within each community which make it
unique;
C. Relating future capacity for residential development to actual demand
for regional growth, based upon projected increases in employment
and population for the entire region;
D. Providing standards for all types of dwelling units so that all the
people may have access to decent, sound, and sanitary housing;
E. Directing future development, including a wide range of housing types
at varying densities into areas where appropriate community services
and facilities can be most adequately provided;
F. Coordinating future development and highway improvements so as to
minimize traffic congestion within the Newtown Area;
G. Coordinating the effective utilization and expansion of community
services and facilities within the Newtown Area;
H. Providing for phased industrial and commercial development to meet
the current and future needs of the Newtown Area;
I. Providing for the protection of critical natural resources, including
wetlands, prime agricultural soils, steep slopes, aquifer recharge,
and other areas of hazardous geologic and topographic features; and
J. Protecting historic features, including structures, sites, waterways,
villages, and landscapes, which have a special character or use and
which affect or are affected by their environment.
[Amended effective 11/25/2002 by JMZO Ord. 2002-13, § IV,
adopted 11/20/2002. Readopted effective 6/23/2007 by JMZO Ord. 2007,
adopted 6/18/2007.]
This interpretation and application of the provisions of this
Ordinance shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience, and general welfare.
A. Whenever any regulations made under authority of this Ordinance impose
higher standards of compliance than are required under the provisions
of any other statute, the provisions of the regulations made under
authority of this Ordinance shall govern, except where preempted by
Federal or State law.
B. Whenever the provisions of any other statute impose higher standards
of compliance than are required under this Ordinance, the provisions
of the other statute shall govern.
C. This Ordinance does not repeal, abrogate, annul, or in any way impair
or interfere with existing provisions of other laws or ordinances,
except those specifically or implied repealed by this Ordinance or
any private restrictions placed upon property by covenant, deed, or
other private agreement unless repugnant hereto.
D. Provisions in the subdivision and land development varying of design
standards shall not be considered to be in conflict with the provisions
of this Ordinance which shall take precedence.
E. Since it is impossible to provide standards for every conceivable
use within this Ordinance, any use not listed within Article VIII,
unless prohibited as stipulated herein, shall be permitted as a conditional
use and shall be subject to the conditional use provisions of Article
XIII herein and the following standards: Such other residential or
institutional uses shall be permitted only in the Residential/High
Density (R-2) District, such other commercial uses shall be permitted
only in the Planned Commercial (PC) District, and such other industrial
uses shall be permitted only in the Light Industrial (LI) District
and the Rural Industrial (RI) District.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
It is hereby declared to be the intent of the governing bodies
that:
A. If a court of competent jurisdiction declares any provisions of this
Ordinance 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 Ordinance 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 Ordinance to any lot, building, tract
of land, or other structure 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 situations shall not be affected.