[Ord. No. 2015-03, 6/3/2015]
This chapter shall be known and may be cited as the "Shrewsbury
Township Zoning Ordinance."
[Ord. No. 2015-03, 6/3/2015]
[Ord. No. 2015-03, 6/3/2015]
Section 601 of the Pennsylvania Municipalities Planning Code
(Act 247) provides that the Board of Supervisors of Shrewsbury Township
may implement comprehensive plans or accomplish any of the purposes
of Act 247 by enacting a zoning ordinance.
[Ord. No. 2015-03, 6/3/2015]
This chapter requires that, within the Township of Shrewsbury,
in the County of York and the Commonwealth of Pennsylvania, no land,
body of water or structure shall hereafter be used or occupied and
no structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered unless in conformity
with all the regulations and procedures herein specified for the district
in which such land, body of water or structure is located.
[Ord. No. 2015-03, 6/3/2015]
[Ord. No. 2015-03, 6/3/2015]
This chapter is enacted to promote the health, safety, morale,
and general welfare of the inhabitants of the Township of Shrewsbury
in the following ways:
1.
Lessening congestion in the roads and streets.
2.
Securing safety from fire, panic and other dangers.
3.
Providing adequate light and air.
4.
Preventing the overcrowding of land.
5.
Avoiding undue concentration of population.
6.
Facilitating the adequate provision of transportation, water, sewage,
schools, open space, landscaping, parks, and other public requirements.
7.
Conserving the value of buildings.
8.
Protecting and preserving sensitive environmental areas, natural
resources including agricultural land, and encouraging the most appropriate
use of land.
[Ord. No. 2015-03, 6/3/2015]
1.
This chapter provides a legal basis and framework for future Shrewsbury
Township development and redevelopment. Its provisions are guided
by the policies and proposals contained within the Township's comprehensive
plan entitled "Southern York County Region Comprehensive Plan," as
amended from time to time.
2.
The Comprehensive Plan created a growth boundary line (GBL) that
delineates the portions of Shrewsbury Township available for development
and the region that is part of the Agricultural Zone. Public water
and sewer service is not allowed for uses outside the GBL except for
service to an area within the Commercial District.
[Ord. No. 2015-03, 6/3/2015]
[Ord. No. 2015-03, 6/3/2015]
In case any building, structure, landscaping or land is or is
proposed to be erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter the Shrewsbury Township
Board of Supervisors or with the approval of the Shrewsbury Township
Board of Supervisors, an officer of Shrewsbury Township, or any aggrieved
owner or tenant of real property who shows that his property or person
will be substantially affected by the alleged violation, in addition
to other remedies, may institute any appropriate action or proceeding
to prevent, restrain, correct or abate such building, structure, landscaping
or land, or to prevent, in or about such premises, any act, conduct,
business, or use constituting a violation. When a landowner or tenant
institutes any such action, notice of that action shall be served
upon Shrewsbury Township at least 30 days prior to the time the action
is begun by serving a copy of the complaint on the Shrewsbury Township
Board of Supervisors. No such action shall be maintained until such
notice has been given.
[Ord. No. 2015-03, 6/3/2015]
Any person, partnership or corporation who or which has violated
or permitted the violation of any provision of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by Shrewsbury Township, pay a judgment in the amount of
$500 plus all court costs, including reasonable attorney fees incurred
by Shrewsbury Township as a result thereof. No judgment shall commence
or be imposed, levied or be payable until the date of the determination
of a violation by the Magisterial District Justice. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Justice determining that there has
been a violation further determines that there was a good faith basis
for the person, partnership or corporation violating the ordinance
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by
the Magisterial District Justice and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to Shrewsbury Township.
[Ord. No. 2015-03, 6/3/2015]
[Ord. No. 2015-03, 6/3/2015]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of health, safety, morals, and the general welfare of Shrewsbury Township
and its citizens. It is not intended by this chapter to interfere
with or abrogate or annul any rules or regulations previously adopted
or permits previously issued by Shrewsbury Township, which are not
in conflict with any provisions of this chapter, nor is it intended
by this chapter to interfere with or abrogate or annul any easements,
covenants, building restrictions or other agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of the buildings or premises or upon the height of the
building, or requires a larger open space than is imposed or required
by such ordinance, rules, regulation, or permits or by easements,
covenants, building restrictions or agreements, the provisions of
this chapter shall control.
[Ord. No. 2015-03, 6/3/2015]
Should any section, subsection or provision of this chapter
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of this chapter as a whole
or any other part thereof. Likewise, if a court of competent jurisdiction
finds the application of any provision or provisions of this chapter
to any lot, building or other structure or parcel 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
and shall not affect any other persons, property or situation.
[Ord. No. 2015-03, 6/3/2015]
All other Shrewsbury Township ordinances or parts of ordinances
are hereby repealed insofar as they are inconsistent with the provisions
of this chapter.
