This chapter shall be known and may be cited as the "Upper Allen
Township Zoning Ordinance."
This chapter is enacted for the following purposes:
A.
To promote, protect and facilitate one or more of the following:
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 provision of adequate light and air, police protection, vehicle
parking and loading space, transportation, water, sewage, schools,
public grounds and other public requirements, as well as fire protection.
B.
To prevent one or more of the following: overcrowding, blight, danger
and congestion in travel and transportation, or loss of health, life
or property from fire, flood, panic or other dangers.
C.
This chapter is enacted as part of the overall plan for the orderly
growth and development of Upper Allen Township and as such seeks to
implement the Upper Allen Township Comprehensive Plan.
D.
To protect prime agricultural land.
E.
To provide for the protection of natural and historic features and
resources.
F.
To encourage the continuity of development and viability of agricultural
operations, the Zoning Ordinance does not restrict agricultural operations
or changes to or expansions of agricultural operations where agriculture
has traditionally been present, unless the agricultural operation
will have a direct adverse effect on the public health and safety.
G.
To protect existing residential neighborhoods.
H.
To promote innovative residential design and encourage the creation
of a sense of community.
I.
To encourage adaptive reuse of existing vacant structures and infill
development.
J.
To provide for the reasonable development of minerals.
K.
To be generally consistent with the Upper Allen Township Comprehensive
Plan.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements, adopted for
the promotion of the public health, safety, morals and general welfare.
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.
A.
Any of the following activities or any other activity regulated by
this chapter shall only be carried out in conformity with this chapter:
(1)
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.
(2)
Change of the type of use or expansion of the use of a structure,
building or area of land.
(3)
Creation of a lot or alteration of lot lines.
(4)
Creation of a new use.
B.
This chapter shall not apply to an existing or proposed building
or extension thereof, used or to be used by a public utility corporation,
if upon petition of the corporation, the Pennsylvania Public Utility
Commission, after a public hearing, decides that the present or proposed
situation of the building in question is reasonably necessary for
the convenience or welfare of the public. It shall be the responsibility
of the Pennsylvania Public Utility Commission to ensure that both
the corporation and Upper Allen Township have notice of the hearing
and are granted an opportunity to appear, present witnesses, cross-examine
witnesses presented by other parties, and otherwise exercise the rights
of a party to the proceedings.
The granting of a zoning permit for the erection and/or use
of a building or a lot shall not constitute a representation, guarantee
or warranty of any kind or nature by the municipality, or an official
or employee thereof, of the safety of any structure, use or other
proposed plan from any 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.
This Zoning chapter is enacted as part of the overall plan for
the orderly growth and development of Upper Allen Township. As such,
this chapter is based upon the expressed or implied community development
goals and objectives as contained in the Upper Allen Township Comprehensive
Plan of 2013, as amended from time to time.
Definitions shall be in accordance with the Upper Allen Township Ordinance of Land Use Definitions, Article II, of this chapter.
[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
It is recognized that: the Act of June 22, 1937 (P.L. 1987,
No. 394), known as the "Clean Streams Law"[1]; the Act of May 31, 1945 (P.L. 1198, No. 418), known as
the "Surface Mining Conservation and Reclamation Act"[2]; the Act of April 27, 1966 (1st Special Session, P.L.
31, No. 1), known as the "Bituminous Mine Subsidence and Land Conservation
Act"[3]; the Act of September 24, 1968 (P.L. 1040, No. 318), known
as the "Coal Refuse Disposal Control Act"[4]; the Act of December 19, 1984 (P.L. 1093, No. 219), known
as the "Noncoal Surface Mining Conservation and Reclamation Act"[5]; the Act of June 30, 1981 (P.L. 128, No. 43), known as
the "Agricultural Area Security Law"[6]; 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"[7]; and the "Nutrient Management and Odor Management Act"
(3 Pa.C.S.A. § 501 et seq.); preempt zoning ordinances.
Thus, 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 chapter.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 52 P.S. § 1396.1 et seq.
[3]
Editor's Note: See 52 P.S. § 1406.1 et seq.
[4]
Editor's Note: See 52 P.S. § 30.51 et seq.
[5]
Editor's Note: See 52 P.S. § 3301 et seq.
[6]
Editor's Note: See 3 P.S. § 901 et seq.
[7]
Editor's Note: See 3 P.S. § 951 et seq.
It is hereby declared to be the legislative intent that 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.
The preexisting Zoning chapter of Upper Allen Township, as amended,
is hereby expressly repealed; provided, further that nothing in this
chapter shall be construed to affect any suit or proceeding pending
in any court, or any rights acquired or liability incurred, or any
permit issued or approved granted or any cause or causes of action
arising prior to the enactment of this chapter. All ordinances or
parts of ordinances and all resolutions or parts of resolutions which
are inconsistent herewith by virtue of references or incorporation
of requirements contained in the preexisting Zoning chapter as amended
shall, as nearly as possible, be construed to reference this chapter.
This chapter shall take effect upon its enactment by the Upper
Allen Township Board of Commissioners.
