[Ord. 2002-06, 11/11/2002, § 101]
This chapter shall be known and may be cited as the "East Fallowfield
Township Zoning Ordinance of 2002." This chapter substantively amends
and replaces the East Fallowfield Township Zoning Ordinance of 1990.
The effective date shall be November 16, 2002.
[Ord. 2002-06, 11/11/2002, § 102]
From and after the effective date of this chapter, all land
and uses thereof shall be subject to the regulations contained herein.
The use of all land and every building, structure, or portion thereof
which is to be erected or altered insofar as height and area, or relocated
in East Fallowfield Township, shall do so in conformity with the provisions
of this chapter. Every use in a building or structure or accessory
use thereto shall be in conformity with the provisions of this chapter.
Any existing building or land not in conformity with the regulations
and standards contained herein shall be considered nonconforming,
but may be continued or changed subject to regulations provided herein
regarding nonconformities.
[Ord. 2002-06, 11/11/2002, § 103]
This chapter is enacted under and pursuant to the Pennsylvania
Municipalities Planning Code, as amended, 53 P.S. § 10101
et seq., for the following reasons and purposes: to promote and facilitate
the public health, safety, and general welfare of all residents of
East Fallowfield Township by coordinating practical community development
through providing proper density of population, adequate light and
air, and facilitating adequate police protection, vehicle parking
and loading space, transportation, water, sewerage, schools, parks
and other public groups, and preventing the overcrowding of land,
blight, danger, and congestion in travel and transportation, loss
of health, life, or property from fire, flood, panic, or other dangers,
and preserving prime agricultural and farming lands and unique natural
features and sensitive areas. This chapter shall be adopted in accordance
with an overall program and with consideration for the character of
the Township, its various parts and the suitability of the various
parts for particular uses and structures.
[Ord. 2002-06, 11/11/2002, § 104]
1. As an area rich in natural beauty and agricultural resources, the
Township has adopted objectives to promote harmonious land uses, as
set forth in the East Fallowfield Comprehensive Plan (1999) and summarized
as follows:
A. Protection of all areas sensitive to development, including those
areas with steep slopes, soil limitations, floodplains, and woodlands.
B. Preservation of agricultural uses by guiding development into areas
not conducive to agricultural use, and insuring that compatible land
uses are located adjacent to said areas.
C. Consideration of fanning as an important industry in the Township,
with all efforts undertaken to maintain its viability.
D. Promotion of open space areas in strategic locations and to retain
as much open space land as is possible within areas allocated for
residential use.
E. Guiding the location and intensity of development by considering
the level and location of available public services.
F. Consideration of all land uses within the context of a rural residential
community with the provisions of opportunities for a variety of residential
densities and dwelling unit types within that context.
G. Establishment of priorities for specific land uses, historical areas,
natural features and resources that the Township wishes to preserve
and to develop regulatory policies that aid all preservation efforts.
H. Guiding the development of the Township consistent with the goals
and objectives of Landscapes, Chester County's Comprehensive Policy
Plan.
[Ord. 2002-06, 11/11/2002, § 105]
In the interpretation and application of the provisions of this
chapter, the said provisions are the minimum requirements for the
promotion and protection of the public health, safety, morals, and
general welfare of Township residents. Where the provisions of this
chapter impose greater restrictions than those of any other statute,
ordinance, rule, regulation, or permit, the provisions of this chapter
shall prevail. Where the provisions of any statute, ordinance, rule,
regulation, or permit impose greater restrictions than this chapter,
the provisions of such shall prevail.