[Ord. 8-14-1995, § 100]
An ordinance regulating the location, height, bulk, erection,
construction, alteration, razing, removal and size of structures,
the percentages 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 New Britain Township.
[Ord. 8-14-1995, § 101]
This chapter shall be known as and may be cited as the "New
Britain Township Zoning Ordinance of 1995."
[Ord. 8-14-1995, § 102]
The purposes of this chapter are:
a.
To implement the New Britain Township Comprehensive Plan.
b.
To promote, protect and facilitate the public health, safety, morals,
general welfare, coordinated and practical community development,
proper density of population, civil defense, disaster evacuation,
airports and national defense facilities, the provisions of adequate
light and air, police protection, vehicle parking and loading space,
transportation, water, sewage, schools, public grounds and other public
requirements.
c.
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 Township, its various
parts and the suitability of the various parts for particular uses
and structures.
d.
To preserve prime agriculture and farmland considering topography,
soil type, classification and present use.
e.
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.
f.
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.
g.
To provide standards for a variety of types of dwelling units so
that all the people may have access to decent, sound and sanitary
housing.
h.
To regulate the growth of the Township, concentrating development
in areas where adequate sewage and water facilities, roads and schools
can be provided and limiting development in areas where these facilities
are not provided.
i.
To lessen the danger and congestion of traffic on the roads and highways
and to reduce excessive numbers of roads.
j.
To provide standards for commercial, industrial and institutional
development.
k.
To secure economy in local government expenditures.
[Ord. 8-14-1995, § 103]
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.
a.
Whenever any regulations made under authority of this chapter require
a greater width or size of yards, courts or other open spaces or require
a lower height of buildings or smaller number of stories or require
a greater percentage of lot to be left unoccupied or impose other
higher standards than are required in or under any other statute,
the provisions of the regulations made under authority of this chapter
shall govern.
b.
Whenever the provisions of any other statute require a greater width
or size of yards, courts or other open spaces, or require a greater
percentage of lot to be left unoccupied, or impose other higher standards
than are required by any regulations made under authority of this
chapter the provisions of such statute shall govern.
c.
Whenever any regulations pertaining to a specific use or activity
under authority of this chapter require a greater width or size of
yards, courts or other open space, or require a lower height of buildings
or smaller number of stories, or require a greater percentage of lot
to be left unoccupied, or impose other higher standards than are required
for the zoning district or generally required under this chapter,
the greater or higher standards shall govern.
d.
This chapter does not repeal, abrogate, annul or in any way impair
or interfere with existing provisions of other laws or ordinances,
except those specifically or impliedly repealed by this chapter or
any private restrictions placed upon property by covenant, deed or
other private agreement unless repugnant hereto.
[Ord. 8-14-1995, § 104]
It is hereby declared to be the intent of the Board of Supervisors
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 that the application of
any provision or provisions of this chapter to any lot, building or
other 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
situations shall not be affected.
[Ord. 8-14-1995, § 105;
as amended by Ord. 2007-04-01, 4/26/2007; and by Ord. No. 2018-10-04,
10/1/2018]
The Township of New Britain is hereby divided into districts
of different types, each type being of such number, shape, kind and
area and of such common unity of purpose and adaptability of use,
that are deemed most suitable to carry out the objectives of this
chapter and the Comprehensive Plan. For the purpose of this chapter,
New Britain Township is hereby divided into districts which shall
be designated as follows:
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C/R
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Conservation and Recreation District
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WS
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Watershed District
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RA 2 WS
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Watershed District
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SR-1
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Single-Family Residential District
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SR-2
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Single-Family Residential District
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RR
|
Residential District
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VR
|
Village Residential District
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MHP
|
Mobile Home Park District
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C-1
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Commercial District
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C-2
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Commercial District
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C-3
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Commercial District
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OP
|
Office Park District
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IN
|
Industrial District
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I
|
Industrial District
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IO
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Industrial Office District
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—
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Floodplain Overlay District
|
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—
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Airport Overlay District
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COD
|
Butler Avenue Corridor Overlay District
|
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In addition to the zoning districts identified above, there
are several court approved zoning districts in which special zoning
conditions apply. These provisions have been defined in stipulations
of agreement in individual court approved settlements. Where the settlement
does not address a specific zoning issue, the provisions of the underlying
zoning district shall prevail.
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[Ord. 8-14-1995, § 106]
a.
A map entitled "Zoning Map for the Township of New Britain" accompanies
this chapter and is declared a part of this chapter.
b.
The Official Zoning Map shall be identified by the signature of the
Chairman of the Board of Supervisors, attested by the Township Secretary
and shall bear the adoption date of this chapter and the seal of the
Township.
c.
Changes of any nature to the Official Zoning Map shall be made in
conformity with the amendment procedures set forth in this chapter.
All changes shall be noted by date with a brief description of the
nature of the change.
d.
Regardless of the existence of purported copies of the Official Zoning
Map which may, from time to time, be made or published, the Official
Zoning Map shall be located in the Township Office and shall be the
final authority on boundaries and districts. The Zoning Officer shall
have a certified copy of the Official Zoning Map for official use.
e.
If the Official Zoning Map becomes damaged, destroyed, lost or difficult
to interpret because of changes and additions, the Board of Supervisors
may, by resolution, adopt a new Official Zoning Map which shall supersede
the prior Official Zoning Map.
f.
The new Official Zoning Map may correct drafting or other errors
or omissions in the prior Official Zoning Map, but no such correction
shall include an amendment thereof, unless the amendment has been
duly advertised and adopted.
g.
Unless the prior Official Zoning Map has been lost or has been totally
destroyed, the prior map or any part or parts thereof remaining shall
be preserved together with all available records pertaining to its
adoption or amendment.
[Ord. 8-14-1995, § 107]
Where uncertainty exists with respect to the boundaries of the
district as indicated on the zoning map, the Zoning Officer shall
make an interpretation. The following rules shall apply:
a.
Where district boundaries are indicated as approximately coinciding
with the center lines of streets, highways, railroad lines or streams,
such center lines shall be construed to be such boundaries.
b.
Where district boundaries are so indicated that they approximately
coincide with lot lines, such lot lines shall be construed to be said
boundaries or where district boundaries are extensions of lot lines
or connect the intersections of lot lines, such lines shall be said
district boundaries.
c.
Where district boundaries are so indicated that they are approximately
parallel to center lines of streets or highways, such district boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the zoning map.
d.
Where a district boundary is not fixed by dimensions and where it
approximately follows lot lines and where it does not scale more than
10 feet therefrom, such lot lines shall be construed to be such boundaries
unless specifically shown otherwise.
e.
In unsubdivided land or where a district boundary divides a lot,
the location of such boundary, unless the same is indicated by dimensions,
shall be determined by the use of the scale appearing on the map.
f.
In case any further uncertainty exists, the Zoning Hearing Board
shall review the Zoning Officer's determination and interpret the
intent of the map as to location of district boundaries.
