[Ord. 331, 11/17/1999, § 1.100]
1.
This chapter and attached Zoning Map shall be known as, and may be
cited as, the "Harmar Township Zoning Ordinance of 1999."
2.
The authority of the Township to enact and apply zoning regulations
comes from the Pennsylvania Municipalities Planning Code, Act 247
of 1968, as amended by Act 170 of 1988 and Act 165 of 1996, 53 P.S.
§ 10101 et seq., and as may be further amended from time
to time in the future.
3.
This chapter:
A.
Regulates the location and use of buildings and land for residence,
commerce, business and institutions.
B.
Specifies the minimum size of properties, and the height and placement
of buildings and other structures on their lots.
C.
Divides the Township into zone districts of such size, shape, area
and interrelationship as to provide the most harmonious and mutually
compatible arrangement to serve the public interest.
D.
Establishes concise and timely procedures for the administration,
enforcement and amendment of this chapter.
[Ord. 331, 11/17/1999, § 1.200]
1.
The regulations contained in this chapter shall be held to be the
minimum required to uphold the public health, safety, morals and general
welfare.
2.
The language of this chapter shall be interpreted, where doubt exists
as to the intended meaning as written and enacted, in favor of the
property owner or applicant and against any implied extension of a
restriction.
[Ord. 331, 11/17/1999, § 1.300]
1.
The provisions of this chapter are deemed necessary to:
A.
Uphold the public health, safety, morals and general welfare.
B.
Promote orderly development by protecting the character and maintaining
the stability of residential and business areas.
C.
Conserve property values through the most appropriate and efficient
uses of land and arrangement of zone districts.
D.
Prevent overcrowded and blighting conditions, encroachment into floodplains,
and congestion and dangerous conditions on streets.
E.
Encourage provision and efficient placement of community services
such as sanitary sewer, water and storm drainage systems, schools,
recreation parks, off-street parking and business servicing.
F.
Establish reasonable open spaces on each lot consistent with the
land use to allow the passage of light and air and prevent the spread
of fire.
G.
Prevent incompatible uses from intermingling with the predominant
uses in a zone district and encourage the gradual voluntary phasing
out of nonconforming uses.
H.
Safeguard steep hillsides, floodplains and wetlands from encroachment
of development.
[Ord. 331, 11/17/1999, § 1.400]
1.
In addition to the general purposes which are the foundation of this chapter (§ 27-103, above), the following specific community development objectives are the basis for designing the contents of this chapter. These objectives were identified in the 1997 Updated Harmar Township Master Plan, with respect to land use relationships, density of population, commercial and business requirements and an adequate and efficient arrangement of streets and public utilities.
A.
The current character of the Township should be maintained. That
character can be described by steep, wooded slopes, narrow valleys
and high plateaus, communities of small house lots, with the natural
setting providing a clear separation between residential and business
activity.
B.
The supply of housing is generally older, modest in size and well
maintained. Property maintenance should be encouraged and housing
protected from encroachment by other uses. Dilapidated housing should
be removed and new housing encouraged to fill vacant lots and on plateau
locations.
C.
A variety of housing should be available, including single-family
dwellings, mobile homes, townhouses, garden apartments, group homes
and retirement communities.
D.
Natural barriers often provide strong separations between conflicting
uses. This policy should continue and intrusions across such barriers
should be discouraged.
E.
A strong business community has been established along Freeport Road
the length of the Township, part small properties serving neighborhood
needs and part regional commercial on large properties dominated by
parking and catering to the regional and traveling public. While the
nature of the road network suggests that commercial development will
be centered in the Freeport Road corridor, additional commercial growth
can be accommodated along Route 910, where substantial earth movement,
highway renovation and drainage relocation will be necessary, and
along Russellton Road (Little Deer Creek Road) for the neighborhood
needs of the Harmar Heights area.
F.
Each new development should have safe access to the highway network,
as well as adequate off-street parking, interior circulation and stormwater
control. Each new major development should be prepared to submit traffic
impact and mitigation studies to assure that the highway system can
carry the increased load, or if not, that improvements provided by
the developer will overcome any deficiencies.
G.
Environmental values should be protected particularly floodplains,
riverside wetland areas and steep slopes.
[Ord. 331, 11/17/1999, § 1.500]
1.
Conflict. Where conflicts exist between this chapter and other regulations
of the Township, or of a higher level of government, or with legal
restrictive covenants applied by landowners to the development of
their property, the chapter, regulation or covenant establishing the
highest standard shall prevail. All ordinances or parts thereof in
conflict with this chapter, inconsistent with its provisions, or less
restrictive are hereby overridden to the extent necessary to give
this chapter full force and effect. This section shall not imply that
the Township has any power to enforce restrictive covenants. However,
any restrictive covenant provisions that are less restrictive than
the corresponding provisions of this chapter shall be superseded by
this chapter.
2.
Severability. If any section, paragraph, sentence, clause or phrase
of this chapter is for any reason held to be invalid or unconstitutional
by a competent court of law, such decision shall not affect the validity
and constitutionality of the remainder of this chapter, which shall
remain in full force and effect. The various provisions of this chapter
are severable and are hereby declared to stand alone under constitutional
scrutiny.
[Ord. 331, 11/17/1999, § 1.600]
The grant of a building permit to undertake a land development
in accordance with the terms of this chapter shall not constitute
a representation, guarantee or warranty of any kind by the Township
or by any of its officials or employees concerning the practicality,
safety, or economic success of the use, building or structure covered
by the permit, and shall create no liability upon the Township, its
officials or employees.
[Ord. 331, 11/17/1999, § 1.700]
1.
While the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., may, from time to time, in the future assign new duties to
local officials or withdraw and reassign duties, the lists below represent
the current (1997) assignments stipulated in the Code:
A.
The Board of Supervisors shall be responsible for:
(1)
Convening public hearings to take testimony on amendments of
this chapter and conditional uses.
(2)
Appointing the members of the Planning Commission and of the
Zoning Hearing Board and the Zoning Officer; making appointments to
fill unexpired terms of members who have resigned, or to fill vacancies,
or reappoint members at the end of expired terms; removing members
of the Zoning Hearing Board or Planning Commission after investigation
and positive findings of malfeasance, misfeasance and nonfeasance
while in office.
(3)
Deciding applications for conditional uses after receiving Planning
Commission recommendations and holding public hearings.
(4)
Referring amendment requests for review and comment to the Planning
Commission and County Planning Commission before public hearing and
decision.
(5)
Deciding proposals to continue, restore or change nonconforming
uses, when time limitations are expiring, after receiving Planning
Commission recommendations.
B.
The Planning Commission shall be responsible for:
(1)
Initiating proposed amendments to this chapter or reviewing
proposals made by citizen petition or by the Board of Supervisors,
and providing recommendations on each such amendment proposal to the
Board.
(2)
Reviewing requests for conditional uses and referring each proposal
to the Board of Supervisors with comments.
(3)
Reviewing proposals to continue, restore or change nonconforming
uses, when time limitations are expiring, and recommending action
to the Board of Supervisors.
(4)
Examining proposed land subdivisions and land developments relative
to conformance with the terms of this chapter, and approving or denying
such proposals, with or without conditions attached to approval.
(5)
Periodically reviewing this chapter text and map to determine
if they remain relevant to development trends and planning concerns
that are current.
C.
The Zoning Hearing Board shall be responsible for:
(1)
Calling and holding public hearings in a timely manner to take
testimony on all matters brought before it, and arranging for preparation
of a stenographic record of each hearing.
(2)
Evaluating testimony and making a decision on each contested
issue, commencing and concluding each matter within the mandated time
constraints.
(3)
Communicating decisions to applicants in a timely manner.
(4)
Hearing and deciding appeals from decisions of the Zoning Officer.
(5)
Hearing and deciding substantive challenges to the validity
of this chapter or any parts thereof.
(6)
Hearing and deciding requests for variances from strict application
of the terms of this chapter because an alleged hardship to the applicant
exists.
(7)
Hearing and deciding requests for modifications of the Township
flood hazard area regulations as they affect specific properties.
D.
The Zoning Officer shall be responsible for:
(1)
Administering this chapter in accordance with its literal terms,
without judgments that might slant meanings.
(2)
Issuing building and occupancy permits after assurance that
the permitted development is fully in accordance with the requirements
of this chapter, and then following up to make certain that construction
and use of building and land concurs with the permit.
(3)
Making initial determinations on transfer of ownership of nonconforming
uses.
(4)
Defending his/her actions, if challenged, before the Zoning
Hearing Board or in court.
(5)
Providing information to the public on this chapter, keeping
records of his/her actions, and providing periodic reports to the
Board of Supervisors.
