[Ord. 6/20/1979; as amended by Ord. 105-2002, 8/5/2002, § 1]
This chapter as amended from time to time shall be known and
may be cited as the "Charlestown Township Zoning Ordinance."
[Ord. 6/20/1979; as amended by Ord. 105-2002, 8/5/2002, § 1]
1.
This chapter is designed and enacted for the purpose of promoting,
protecting and facilitating the health, safety, and the general welfare
of Charlestown Township, its current and future residents and enterprises,
is designed and enacted in accordance with the Comprehensive Plan
of which the Sewage Facilities Plan and the Water Resources Plan shall
form a part and is designed and enacted:
A.
To promote, protect and facilitate any or all of the following: the
public health, safety, morals, and the general welfare; coordinated
and practical community development and proper density of population;
emergency management preparedness and operations, the provisions 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 preservation of the natural, scenic and historic values in
the environment and preservation of forests, wetlands, aquifers and
floodplains.
B.
To prevent one or more of the following: overcrowding of land, blight,
danger and congestion in travel and transportation, loss of health,
life or property from fire, flood, panic and other dangers.
C.
To preserve prime agricultural and farmland considering topography,
soil type and classification, and present use.
D.
To protect and preserve natural resources, and to restrict use and
structures at or near bodies of water, places of steep slope and other
areas of hazardous geological or topographic features.
E.
To ensure a legacy of environmentally selective, sensible and sensitive
land use and development.
F.
To provide for the use of land within the Township for residential
housing of various dwelling types encompassing all basic forms of
housing, including single-family and two-family dwellings, and a reasonable
range of multi-family dwellings in various arrangements, mobile homes
and mobile home parks.
G.
To accommodate reasonable overall community growth, including population
and employment growth, and opportunities for development of a variety
of residential dwelling types and nonresidential uses.
[Ord. 6/20/1979; as amended by Ord. 105-2002, 8/5/2002, § 1]
1.
This chapter is enacted upon a finding of the Board of Supervisors
that:
A.
The sharply undulating topography of Charlestown Township moves recurrently
from steeply and very steeply sloped and ridged woodlands, across
the lowlands of the swift flowing Pickering Creek and tributary streams,
to steeply sloped ridge land, and then to upland prime agricultural
lands. The residential and farm residential areas and agricultural
areas of Charlestown Township overlay this topography and are predominantly
dependent upon on-site individual wells for water supply.
B.
The residential and farm residential areas and agricultural areas
are vulnerable to the ravages of uncontrolled stormwater runoff. They
are defenseless from both the contamination and depletion of the groundwater
water supply.
C.
For the protection of not only the existing but also the future residents
of Charlestown Township, the residential and farm residential areas
and agricultural areas require the most environmentally selective,
sensitive and protective requirements for land use and development,
housing placement, well and septic systems siting and road locations,
all of which must be considered on a unified basis with lot area,
setback and other like requirements traditionally the subject of land
use regulations.
D.
Charlestown Township consists of 8,064 acres of land substantially
within the Pickering Creek Watershed of the Schuylkill Sub-basin.
Approximately 90% of Charlestown Township is within a zone of low
groundwater capability (0-10 gallons per minute). This condition makes
it imperative, for the welfare of current and future Township residents,
that land use and development and groundwater supply be compatible
and that groundwater withdrawal and groundwater recharge be consistent.
Further, the northern half of Charlestown Township is dominated by
a zone of soils having severe soil limitations for on-site sanitary
sewer systems and the southern half of Charlestown Township is dominated
by a zone of soils have moderate soils limitations therefor. These
conditions underscore the imperative to make land use and development
consistent with natural environmental features and conditions, which
may not be easily preserved or improved but which may be summarily
degraded, depleted or destroyed.
E.
Charlestown Township is located more than 25 miles northwest of Philadelphia;
is not served by public transportation facilities; and is predominately
dependent upon a rural, narrow, serpentine, sinuous or sharply undulating
road system, owned and maintained by the commonwealth, carved decades
ago into Charlestown Township's rock and stream constraining
topography.
[Ord. 6/20/1979; as amended by Ord. 105-2002, 8/5/2002, § 1;
and by Ord. 159-2010, 10/4/2010, § 3]
1.
This chapter shall be presumed to constitute at least good faith
action and the bona fide attempt by Charlestown Township to meet the
statutory and constitutional requirements for zoning and shall be
further presumed to impose limitations reasonably related to Charlestown
Township's physical growth pattern, the protection of the commonwealth's
natural resources, coordinating development with the provision of
public services and protecting the character of the community that
is Charlestown Township.
2.
The requirements of the Charlestown Township Stormwater Management Ordinance, the Charlestown Township Subdivision and Land Development Ordinance [Chapter 22] and this chapter, each amended from time to time, are mutually complementary. They function as a single vehicle to produce the most sensitive, sensible and sagacious requirements for the use and development of the land and the other natural resources with which Charlestown Township is endowed.
3.
In construing, interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the health, safety, morals and the general welfare of Charlestown
Township.
4.
To implement the purpose set forth in § 27-102, the Comprehensive Plan has been formulated. In accordance with the goals, objectives and strategies of the Comprehensive Plan, the construction and interpretation of chapter provisions should be made with a view toward the following community development objectives:
A.
Instilling order in the growth and development of Charlestown Township,
and minimizing the sprawling effect of development by regulating the
type and locations of development in accordance with environmental
resource and land use compatibility, and with the support and service
characteristics of existing community facilities and utilities.
B.
Conserving open space and natural features, and preserving natural,
scenic and historic values in and resources of the environment and
maintaining environmental stability through the control of land use
and development in the floodplain, forests, and wetlands and on steep
and very steep slopes and in relation to surface, groundwater and
aquifer resources susceptible to degradation by wastes, sediments
and other pollutants.
C.
Creating the setting for diversified residential, enterprise, civic
and community facilities by enabling a variety and range of housing
types and intensities within Charlestown Township at a proper overall
density of population and securing the community service and recreational
facilities which would support and complement the residential, enterprise
and community land use.
D.
Encouraging the continuation of agricultural land use by the conservation
of prime agricultural soils through the exercise of sound cultivation
and grading techniques, and the promotion of existing agricultural
practices through the attainment of lower tax assessments for land
which is utilized for agricultural purposes.
E.
Economizing on infrastructure investment, and encouraging the use
of existing public facilities by promoting a strong relationship between
the availability of public utilities including the provision of safe,
reliable, and adequate water supply; a safe and convenient road network
and an effective stormwater management system, and the type and location
of future development.
F.
Preserving historic and cultural resources and maintaining the visual
character of the landscape by promoting the preservation of historic
sites and areas, and the continuation of farming and discouraging
types of and locations for development that will create detrimental
changes of the existing character of Charlestown Township, in particular
the amenities of light, air and visual enjoyment.
G.
Reducing traffic congestion to minimize adverse effects on existing
roads and properties, air quality, and overall environmental quality
in Charlestown Township.
5.
The community development objectives of Subsection 4 are expanded further, in accordance with the Charlestown Township Comprehensive Plan of 2001:
A.
Downsize the sprawling effect of development:
(1)
Promote the "open space option" so that lot areas can be reduced
in size, and open spaces can be created in perpetuity.
(2)
Keep the Charlestown countryside green and limit the sprawl
that could happen, through a transfer of development rights (TDR)
program.
(3)
Promote conservation easements and conservation design subdivisions.
B.
Conserve open space and heritage landscape resources:
C.
D.
Retain agricultural lands and promote agricultural uses:
(1)
Continue to promote the use of open space lands for agricultural
use in the open space provisions of this chapter.
E.
Reduce traffic congestion by minimizing off-site vehicular trips.
F.
Improve regional compatibility:
(1)
Consider compatibility of land use with adjoining portions of
neighboring municipalities, and identify needed buffers or transitional
devices if there are incompatible conditions.
(2)
Maintain the "landscapes" character prescribed in the Chester
County 2020 Livable Landscapes Plan, as a primarily "rural" and "natural"
landscape type for Charlestown.
G.
Develop needed community and recreational facilities:
(1)
Require civic amenities within the built-up areas, such as parks,
day care centers, schools, meeting halls, and community centers.
(2)
Provide limited space in appropriate areas for shops and stores,
such as small restaurants, coffee shops, and art and artisan galleries,
to encourage a more walkable community arrangement.
(3)
Link community, civic, recreational, and institutional uses
through a pedestrian pathway, trail and sidewalk system.
(4)
Maintain existing trails and create needed linkages.
(5)
Promote walking and horseback riding within the scenic countryside
of Charlestown as a viable passive recreational activity.
(6)
Require subdivisions and land developments to provide recreational
uses on-site, or require a recreational fee in lieu thereof.
H.
Promote Walkability:
(1)
Incentivize a walkability initiative by providing pedestrian
paths, trails, and/or sidewalks.
(2)
Require all new subdivisions and land developments to provide
pedestrian accessways within and to the edges of properties.
(3)
Create new trail, pathway, sidewalk and bike path locations,
and build them.
(4)
Restore the existing trails to a more usable condition.
I.
Provide limited and small scale "village" shopping and workplace
opportunities where appropriate:
J.
Economize on infrastructure investment:
(1)
Limit the extension of public sewer and public water lines to
appropriate areas in order to control the sprawling affect of development
in accordance with the Chester County Landscapes Plan.
(2)
Provide for needed infrastructure in existing neighborhoods
and proposed development nodes areas for moderate and higher intensity
development.
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Such objectives and the purpose set forth in § 27-102, the findings set forth in § 27-103 and the aforesaid presumptions, constructions and minimum requirements therefor being consistent, the provisions of this chapter shall be construed, interpreted, administered and applied in such manner as will facilitate attainment of the said Objectives.
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[Ord. 6/20/1979; as amended by Ord. 105-2002, 8/5/2002, § 1]
It is not intended by this chapter to repeal, abrogate, annul
or interfere with any existing ordinance or enactment, or with any
rule, regulation or permit adopted or issued thereunder, except insofar
as the same may be inconsistent or in conflict with any of the provisions
of this chapter, provided that where this chapter imposes greater
restrictions upon the use of buildings or land, or upon the height
and bulk of buildings, or prescribes larger open spaces than are required
by the provisions of such ordinance, enactment, rule, regulation or
permit, then the provisions of this chapter shall control.
[Ord. 6/20/1979; as amended by Ord. 105-2002, 8/5/2002, § 1]
This chapter is further enacted upon a finding of the Board
of Supervisors that Charlestown Township heed the warnings of and,
insofar as it may, fulfill the aspirations, if not the mandates, of
not only threshold environmental protection statutes such as the Federal
Clean Air Act and Clean Water Act but also the emergent environmental
protection statutes such as the Federal Safe Drinking Water Act, the
Resource Conservation and Recovery Act (RCRA) and the Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) and
extant commonwealth counterpart statutes, regulations and programs,
including the Environmental Master Plan of the Commonwealth of Pennsylvania.
