The Polk Township Zoning Ordinance of September 9, 1985, as amended, is hereby amended and restated in its entirety as hereinafter set forth. This chapter is not intended to and shall not be construed to affect or change any other ordinance, code or regulation of the Township of Polk. If any other ordinance, code or regulation of the Township of Polk is in conflict or inconsistent with the requirements of this chapter, the most restrictive standards and provisions shall apply.
A. 
Title. This is a chapter permitting, prohibiting, regulating, restricting, and determining the uses of land, watercourses, and other bodies of water; the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures; the areas and dimensions of land and bodies of water to be occupied by uses and structures as well as courts, setbacks, and other open spaces and distances to be left unoccupied by uses and structures; the density of population and intensity of use; creating zoning districts and establishing the boundaries thereof; authorizing the appointment of a Zoning Officer; creating a zoning hearing board; and providing for the administration, amendment, and enforcement of the ordinance, including the imposition of penalties.
B. 
Short title. This chapter shall be known and may be cited as the "Polk Township Zoning Ordinance."
This chapter is adopted in accordance with an overall land use control program and with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures. 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; density of population; civil defense and disaster evacuation, airports, and national defense facilities; the provision of adequate light and air; police protection; vehicle parking and loading space; transportation; natural resources, agricultural land and uses; the safe use of natural or artificial bodies of water, boat docks and related facilities; reliable, safe and adequate water supplies; safe and adequate sewerage disposal, schools, public grounds and other public requirements and other purposes set forth in the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
To prevent one or more of the following: overcrowding of land, watercourses and other bodies of water, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
C. 
To preserve prime agriculture and farmland considering topography, soil type and classification, and present use.
D. 
To provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multifamily dwellings in various arrangements, mobile homes and mobile home parks; provided, however, that no zoning ordinance shall be deemed invalid for the failure to provide for any other specific dwelling type.
E. 
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
A. 
Existing uses. Any legally established existing use of a building, structure, lot or parcel of land or part thereof, as of the effective date of this chapter, may be continued.
B. 
Conformance. Any activity regulated by this chapter shall only occur or be undertaken and be continued in conformance with the requirements of this chapter.
C. 
Authorization. This chapter regulates all matters and activities authorized by Article VI of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
D. 
Regulated activities.
(1) 
Any of the following activities or any other activity or matter regulated by this chapter shall only be undertaken after the required permit or approval has been obtained in full compliance with this chapter:
(a) 
Erection, construction, movement, placement or extension of a structure, building or regulated sign;
(b) 
Change in the type of use or expansion of the use of a structure or area of land; and/or
(c) 
Creation of a lot or alteration of lot lines.
(2) 
No setback or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
(3) 
No lot shall be formed from part of a lot already occupied by a building unless such building, all required setbacks and open spaces connected therewith, and the remaining lot conforms with all requirements prescribed by this chapter for the district in which said lot is located. No zoning permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
(4) 
No setback or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
E. 
Repairs and maintenance. Ordinary repairs, structural strengthening, facade improvements and maintenance to existing structures that do not infringe upon a required setback may be made without a zoning permit, provided such activity does not involve:
(1) 
A change in use;
(2) 
An expansion, construction or placement of a structure;
(3) 
An increase in the number of dwelling units or boardinghouse units; and/or
(4) 
Any other activity regulated by this chapter.
F. 
Municipal authorities and water companies. A municipal authority, water company or any other municipality that plans to expand water, sanitary sewer or storm sewer service via a new main extension to a proposed development that has not received any municipal approvals within the Township shall:
(1) 
Notify the Township by certified mail, return receipt requested, of its intention and shall provide the Township an opportunity to provide written comment on whether the proposed expansion of service within the Township is generally consistent with this chapter.
(2) 
Comply with the other applicable requirements of § 608.1 of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10608.1.
G. 
Public Utility Commission.
(1) 
This chapter shall not apply to any 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 shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
(2) 
It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the 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.
H. 
Effect of Official Map (if adopted by the Township). All activities subject to this chapter shall also be subject to the reservations shown and established by the Polk Township Official Map which has been enacted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Code, as amended.[3] The applicant shall, prior to submitting an application, determine if in any of the land proposed for subdivision or land development is subject to the Township Official Map. If any of the land is subject to the Official Map, the options in the Township Official Map Ordinance are available to the applicant. The applicant is encouraged to contact the Township Zoning Officer prior to submitting the application.
[3]
Editor's Note: See 53 P.S. § 10401 et seq.
A. 
Interpretation. In interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and the general welfare of the Township and its citizens.
B. 
Conflict.
(1) 
Defined terms. If a use could be classified under more than one defined term or use listed in an applicable Schedule of Uses of this chapter, the definition and applicable Schedule of Uses with the most restrictive standards and provisions shall apply.
(2) 
Other Township provisions.
(a) 
These regulations are not intended to interfere with or abrogate or annul any other ordinance, rules or regulations previously adopted or previously issued by the Township which are not in conflict with any provisions of this chapter.
(b) 
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 any other ordinance, rules, regulations or permits, or by easements, covenants, building restrictions or agreements, the provisions of this chapter shall control.
(3) 
Other laws and regulations. Whenever the provisions of any other law, regulation and/or statute require a greater width or size of setbacks, courts or other open spaces, or require a lower height of buildings and/or structures or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this chapter the provisions of such other law, regulation and/or statute shall govern.
(4) 
Private provisions.
(a) 
These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that, where the provisions of this chapter impose a greater restriction, the requirements of this chapter shall govern.
(b) 
Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive or higher standards than the requirements of this chapter, then such private provisions shall be operative and supplemental to these requirements.
C. 
Specificity. Whenever any regulations pertaining to a specific use or activity under authority of this chapter require a greater width or size of setbacks, courts or other open space, or require a lower height of buildings and/or structures 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.
In the event that any provision, section, sentence, or clause of this chapter shall be held to be unconstitutional, such invalidity shall not affect or impair any remaining part of this chapter, it being the intent of the Township that such remainder shall be and shall remain in full force and effect.