[Ord. 162, 6/12/2002, § 100]
This chapter shall be known, and may be cited as, the "East
Vincent Township Zoning Ordinance of 2002."
[Ord. 162, 6/12/2002, § 101]
1. This chapter has as its purposes:
A. To promote, protect and facilitate the public health, safety, morals,
general welfare, coordinated and practical community development,
proper density of population, civil defense, the provision of adequate
light and air, police protection, vehicle parking and loading space,
transportation, water, sewerage, schools, public grounds and other
public improvements.
B. To prevent the overcrowding of land, blight, danger and congestion
in travel and transportation, loss of health, life or property from
fire, flooding, panic or other dangers.
C. To preserve prime agriculture and farmland.
D. To provide for residential housing of various dwelling types; as
well as,
E. To accommodate reasonable overall community growth.
[Ord. 162, 6/12/2002, § 102]
In interpreting the language of this chapter to determine the
extent of the restriction upon the use of the property, the language
shall be interpreted, where doubt exists as to the intended meaning
of the language written and enacted by the governing body, in favor
of the property owner and against any implied extension of the restriction.
Where the provisions of this chapter impose time limitations on actions
by the Township, Board of Supervisors, Planning Commission, Code Enforcement
Officer, Township Engineer or any other agency, which time limitations
are not required by the Pennsylvania Municipalities Planning Code
or other applicable statute, or which are shorter than required by
the Pennsylvania Municipalities Planning Code or other applicable
statute, the time limitations set forth in this chapter shall be deemed
directory and not mandatory, and any longer time periods provided
by the Pennsylvania Municipalities Code or other applicable statute
shall prevail.
[Ord. 162, 6/12/2002, § 103]
From and after the effective date of this chapter, the use of all land, every building or portion of a building erected, altered in respect to height or area, or relocated, and every use hereinafter established within any building or property or use accessory thereto in East Vincent Township shall be in conformity with the provisions of this chapter. Any building, structure or use of a building or land existing at the effective date of this chapter which is not in conformity herewith may be continued, extended or changed only in accordance with the regulations herein contained relating to non- conforming buildings and uses (Part
18).
[Ord. 162, 6/12/2002, § 103]
1. It is not intended by this chapter to repeal, abrogate, annul or
interfere with any existing ordinance or enactment, or with any rule,
regulation or permit adopted or issued thereunder, except insofar
as the same may be inconsistent or in conflict with any of the provisions
of this chapter.
2. In the case where any general provision of this chapter governing
a given use conflicts with a more specific provision of this chapter,
the more restrictive provision shall apply.
3. Provisions of the Township's Subdivision and Land Development Ordinance [Chapter
22] providing for the varying of design standards shall not be considered in conflict with the provisions of this chapter, which shall take precedence.
[Ord. 162, 6/12/2002, § 107]
1. The objectives of zoning, as embodied in this chapter, are derived
from and conform to the comprehensive planning process and activities
of East Vincent Township and its policies for resource protection,
land use, growth management, housing, circulation, and the provision
of community facilities and services. The particular objectives for
community development which East Vincent Township seeks to achieve
through this chapter are those contained in the East Vincent Comprehensive
Plan of 1994, consistent with the requirements for such as prescribed
in § 606 of the Pennsylvania Municipalities Planning Code
(MPC), Act 247 as amended, 53 P.S. § 10101 et seq. Those
particular objectives, as articulated among the overall set of "Community
Goals and Objectives" within the Comprehensive Plan, are as follows:
A. To preserve, protect and manage the Township's natural resources
and environment including quality streams and other water bodies,
wetlands, woodlands, and other wildlife habitats, preclude development
in floodplains and on steep slopes and poor soils, and enhance residents'
experience of the Township's environmental resources through
the protection of scenic landscapes and roads.
B. To protect the Township's valuable cultural and historic resources
from degradation or destruction and promote the adaptive re-use of
older buildings and structures.
C. To conserve the Township's agricultural lands and encourage
the long-term viability of agricultural operations and supporting
agricultural industry.
D. To provide for development in an orderly manner which preserves the
rural character of the Township by guiding higher density residential,
commercial and industrial development to Township areas with accommodating
zoning; compatible and supportive land uses, available infrastructure,
and other urban facilities and services.
E. To provide for a variety of residential housing types and densities
to meet current and future needs of the Township's residents.
F. To promote the use of flexible and creative planning, open space
management, land stewardship, and engineering practices within the
Township to facilitate protection and enhancement of its natural,
cultural, agricultural, scenic, historic and recreational resources.
G. To promote innovative and efficient development designs within the
Township that enhance their surroundings through careful attention
to building scale and orientation, incorporate surrounding historic
and cultural features, provide proper traffic circulation, on-site
parking and site access, incorporate high quality architecture and
site landscaping, retain scenic views, and, where appropriate, establish
adequate buffers to separate incompatible land uses.
H. To promote a safe, efficient transportation system and to provide
adequate and efficient community facilities and services within the
Township.
[Ord. 162, 6/12/2002, § 108]
Except as expressly addressed by any specific provision of this
chapter, the provisions hereof shall not apply to regulate municipal
use on any lands by the Township of East Vincent, and any such municipal
use shall not be subject to the provisions hereof.
[Ord. 162, 6/12/2002, § 109]
Specific references herein to other applicable regulations (e.g.,
Pennsylvania Department of Environmental Protection) are advisory
and do not waive applicability of any other regulations not specifically
referenced. Any applicable regulation more stringent than those herein
shall apply. Preemption of any regulation herein by regulation or
other authority shall not be presumed. Applicability of this chapter
shall be determined by the Code Enforcement Officer in consultation
with the Township Solicitor.