This chapter is enacted and ordained under the grant of powers contained in the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter shall be known as and may be cited as "The Zoning Ordinance of North Newton Township."
This Zoning Ordinance is enacted for the following purposes:
A. 
To act as an overall plan for the orderly growth and development of North Newton Township and, as such, seek to implement the Township's Comprehensive Plan.
B. 
To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, the provision of adequate light and air, and other public requirements.
C. 
To prevent one or more of the following: overcrowding, blight, loss of health, life or property from fire, flood or other dangers.
D. 
To adopt a Zoning Map dividing North Newton Township into zoning districts with varying regulations.
E. 
To permit, prohibit, regulate and determine the uses of land, watercourses and other bodies of water, the size, height, bulk, location, erection, construction, repair, expansion, razing, removal and use of buildings and structures, as well as yards and other open areas to be left unoccupied.
F. 
To establish the maximum density and intensity of uses.
G. 
To protect prime agricultural land.
H. 
To provide for the protection of natural and historic features and resources.
I. 
To encourage the viability of agricultural operations.
J. 
To protect existing residential neighborhoods.
K. 
To provide diverse housing opportunities, including housing that is affordable.
L. 
To encourage adaptive reuse and infill development.
The community development objectives are based on the goals and objectives of the Western Cumberland County Joint Municipal Comprehensive Plan, which includes North Newton Township. These objectives are:
A. 
Preserve, maintain, and enhance the quality of life and rural character of the region. This includes the region's agricultural economy, cultural heritage and bountiful natural resources.
B. 
Identify, conserve, and properly manage the environmental, aesthetic, natural and cultural resources of the area.
C. 
Guide development in an appropriate manner whereby existing community resources are not unduly overtaxed and discourage conflicts between neighboring properties and municipalities.
D. 
Strive for the best interests of the region when considering land uses, housing types, environmental interests, demographic sectors, and economic and political forces.
E. 
Support or enhance municipal services such as transportation, utilities, education, emergency services, recreation, pedestrian safety, and information resources during the development process.
F. 
Emphasize the importance of the proper utilization of the region's valuable, but in some cases limited, resources.
G. 
Promote smart growth.
In interpreting and applying this chapter, its provisions shall be held to be the minimum requirements for promotion of health, safety, morals and general welfare of North Newton Township. Any use permitted subject to the regulations prescribed by the provisions of this chapter shall conform with all the regulations of the zoning district in which it is located and with all other pertinent regulations of this and other related ordinances. This chapter is not intended to interfere with, abrogate, annul, supersede, or cancel any easements, covenants, restrictions or reservations contained in deeds or other agreements; provided, however, that where this chapter imposes more stringent restrictions upon the use of buildings, structures and land than are elsewhere established, the provisions of this chapter shall prevail. Wherever and whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted laws, rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern. In interpreting the language of this chapter to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning of the adopted language, in favor of the property owner and against any implied extension of the restriction.
Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:
A. 
Use, occupation, erection, construction, reconstruction, movement, alteration, razing, demolition, removal, placement of extension (vertical or horizontal) of a structure, building or sign, unless relief is granted by the Zoning Hearing Board.
B. 
Change of the type of use or expansion of the use of a structure, building or area of land.
C. 
Creation of a lot or alteration of lot lines.
D. 
Creation of a new use.
The granting of a zoning permit for the erection and/or use of a structure, building or lot shall not constitute a representation, guarantee or warranty of any kind or nature by North Newton Township, or an official or employee, thereof, of the safety of any structure, building, use or other proposed plan from cause whatsoever, and shall create no liability upon or a course of action against such public official or employee for any damage that may be pursuant thereto.
It is recognized that: the Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law";[2] the Act of May 31, 1945 (P.L. 1198, No 418), known as the "Surface Mining Conservation and Reclamation Act";[3] the Act of April 27, 1966 (1st Special Session, P.L. 31, No. 1), known as "The Bituminous Mine Subsidence and Land Conservation Act";[4] the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act";[5] the Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Noncoal Surface Mining Conservation and Reclamation Act";[6] the Act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural Area Security Law";[7] the Act of June 10, 1982 (P.L. 454, No. 133), entitled "An act protecting agricultural operations from nuisance suits and ordinances under certain circumstances";[8] and the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq., preempt zoning ordinances. Therefore, suggestions, recommendations, options or directives contained herein are intended to be implemented only to the extent that they are consistent with and do not exceed the requirements of those acts. Nothing contrary to those acts shall be mandated by this Zoning Ordinance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
[3]
Editor's Note: See 52 P.S. § 1396.1 et seq.
[4]
Editor's Note: See 52 P.S. § 1406.1 et seq.
[5]
Editor's Note: See 52 P.S. § 30.51 et seq.
[6]
Editor's Note: See 52 P.S. § 3301 et seq.
[7]
Editor's Note: See 3 P.S. § 901 et seq.
[8]
Editor's Note: See 3 P.S. § 951 et seq.