This chapter shall be known and may be cited as the "Tinicum Township Zoning Ordinance of 2021."
The zoning regulations and districts set forth in this chapter are designed to achieve the following purposes as stated in the Pennsylvania Municipalities Planning Code Act 247 of 1968, as amended:[1]
A. 
To promote, protect, and facilitate any or all of the following: the public health, safety, morals and the general welfare, coordinated and practical community development and proper density of population, guidance, protection and improvement of amenity, future governmental processes and functions, guidance of uses of land and structures, types and location of streets, roadways public grounds and facilities, the provision of adequate light, water and air, access to incidental solar energy, police and fire protection, transportation, sewerage and schools and preservation of the natural, scenic and historic values in the environment.
B. 
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation; loss of health, life or property from fire, flood, panic or other dangers.
C. 
To provide the use of land within the Township for residential housing of various dwelling types and a reasonable range of multifamily dwellings in various arrangements.
D. 
To accommodate reasonable overall community growth, including population and employment and opportunities for development of a variety of residential dwelling types and nonresidential uses.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The zoning regulations and districts set forth in this chapter are based on the goals and objectives that are stated in the Community Development Objectives of 2009 listed below. The Community Development Objectives (CDOs) previously developed below are intended and designed to guide and set the direction for future Township policies and the content and provisions of this zoning ordinance.
A. 
Overall community. Maintain the Township as an attractive and stable community that is pedestrian-friendly, contains distinct and compact neighborhoods, a variety of housing types, commercial, light industrial and other nonresidential establishments.
B. 
Residential land use.
(1) 
Provide for and encourage a variety of residential uses including single-family detached, twins, townhouses and apartments.
(2) 
Ensure blight free neighborhoods by protecting residential areas from physical deterioration by implementation of property maintenance ordinances and improving inspection and code enforcement programs and procedures.
(3) 
Encourage preservation of residential neighborhoods and discourage erosion of residential character by limiting and regulating boarding and rooming houses, and regulating home occupations, residential conversions, inappropriate signs, fences and similar uses and structures.
(4) 
Prevent widespread high population density and the accompanying traffic congestion, parking problems, and undue pressure on schools, recreation, public safety and other community facilities and services by limiting locations for multifamily and row housing.
(5) 
Allow higher density development in the form of apartments and townhouses in vicinity of public transit and major shopping areas.
C. 
Commercial land use.
(1) 
Provide for and encourage shopping in a centralized area that offers a wide variety of commercial, retail, service, restaurant and other pedestrian-oriented uses along Governor Printz Boulevard (Route 291), east of Wanamaker Avenue (Route 420).
(2) 
Provide for large motels/hotels and related automobile-oriented uses along Governor Printz Boulevard, west of Wanamaker Avenue.
(3) 
Prohibit the additional spread of auto collision shops and similar autorelated uses along Route 291.
(4) 
Investigate the establishment of a Main Street Program as well as the related improvements in facades, streetscaping, parking, and reuse of identified structures along both the Essington and Lester sections of Route 291, as recommended in Project #14, Tinicum Main Street Revitalization, Planning Area 3 of the County Revitalization Program (formerly Renaissance program).
(5) 
Maintain the existing planned office park, hotels, and similar office/flex uses along Route 291 near the Philadelphia International Airport and maintain a variety of airport related uses adjacent to and in vicinity of the Airport.
(6) 
Explore the enactment of a Local Economic Revitalization Tax Abatement Act (LERTA)[1] and its application to designated, deteriorating commercial and industrial properties. This would encourage redevelopment by exempting the tax on the improvements to properties in the designated area.
[1]
Editor's Note: See 72 P.S. § 4722 et seq.
(7) 
Given the large number of ground-level parking areas throughout the Township intended to serve the Airport, prohibit additional ground-level parking lots and require that additional parking be in form of parking garages not less than three or four levels in height, in order to limit the land consumption by such at grade airport-related parking lots.
(8) 
Maintain the planned office area in the C-3 District as a prime office location.
D. 
Industrial land use.
(1) 
Maintain the Tinicum Business Park in good condition through diligent code enforcement and encourage owners/tenants to comply with zoning and other applicable ordinances and take measures to improve the appearance of properties and buildings.
(2) 
As recommended by the Delaware County Revitalization Program Area 3 Action Plan of 2003, an overall development/redevelopment plan for the Tinicum Industrial Park (TIP) should be considered.
(3) 
Locate industrial uses with the highest impacts in areas zoned heavy industrial located generally in the more remote areas of the Township so that their impacts do not negatively affect residential and other areas most susceptible to impacts from heavy industry.
E. 
Waterfront.
(1) 
Utilize the central and western portion of the Delaware River waterfront in Tinicum for a variety of water-dependent and water-related uses, including marinas, restaurants, retail stores, parks, as well as office buildings and apartments.
(2) 
Prepare zoning regulations that limit the size of commercial uses permitted along the waterfront.
(3) 
Provide regulations that require or reward owners of waterfront property to provide pedestrian accessways through their properties to the Delaware River.
(4) 
Identify view sheds and require preservation of identified views of the River and Darby Creek.
(5) 
Offer incentives for reuse of historic buildings along the waterfront.
(6) 
Preserve the John Heinz Wildlife Refuge at Tinicum, Little Tinicum Island and other designated areas generally in their natural state by prohibiting building there, except for buildings related to the environment.
F. 
Housing.
(1) 
Maintain existing housing stock and properties so as to prevent deterioration of dwellings and decline of neighborhoods through a vigorous program of code enforcement.
(2) 
Improve the Township's housing stock by repairing or removing substandard residential structures and providing new infill housing in selected areas.
(3) 
Protect residential properties from the impacts of traffic, noise, and adjacent or nearby industrial and other high impact uses by regulating permitted uses, landscaping and screening, setback requirements and other control measures.
(4) 
Maintain the current owner-renter ratio by controlling the increase in the percentage of new rental units in comparison to owner-occupied dwellings, by initiating marketing efforts and programs to encourage homeownership. Explore opportunities in the County Home Ownership First Program and promote the Township as an attractive community for first-time buyers.
(5) 
Monitor Section 8 rental units by regular communication with the Delaware County Housing Authority and control existing Section 8 units by requiring housing education (for tenants) and regular inspection of properties (for owners). Strive to maintain number of Section 8 units close to existing low number.
G. 
Community facilities.
(1) 
Ensure that adequate staffing levels are maintained for the existing municipal building and police station and actively recruit volunteers for the fire department.
(2) 
Provide opportunities for technological upgrades and purchases for all EMS personnel.
(3) 
Provide more avenues for police and fire personnel interaction with the public, especially the schools, youth recreation activities and senior citizens.
H. 
Zoning.
(1) 
Separate existing residence district into several distinct residential districts allowing different residential uses at different densities.
(2) 
Create a new C-1 District that would allow and control a variety of retail, service, restaurant and similar mostly pedestrian-oriented uses on small lots (5,000 square feet) along Governor Printz Boulevard, east of Wanamaker Avenue.
(3) 
Create a new C-2 District that would allow and control large commercial uses such as hotels, offices and restaurants on lots of about two acres to serve local and nearby residents, Airport users, and transient customers. This district should be located along Governor Printz Boulevard, west of Wanamaker Avenue.
(4) 
Create a Waterfront District designed to utilize the unique characteristics and opportunities provided by a location on the Delaware River. Provisions of the district should also allow and preserve historical, cultural, recreational, environmental and tourist-related facilities. The district should also prohibit large-scale commercial establishments and encourage smaller, more pedestrian-oriented stores and shops.
(5) 
Provide limitations on home occupations and professional offices in order to prevent these facilities from imparting negative impacts on residential areas, such as auto repair home businesses in residential areas.
(6) 
Where needed, amend the zoning ordinance to comply with Delaware County Revitalization program.
I. 
Transportation.
(1) 
Assure that traffic lights along major roads are synchronized, in order to facilitate the free flow of traffic and prevent an increase in congestion, particularly along intersections and main roads.
(2) 
Employ "traffic calming" measures for slowing traffic on through streets by means of one-way streets, high visibility crosswalks, raised crosswalks, reduced speed limit signs, bike lanes, narrowed traffic lanes, roundabouts, speed humps, and many similar techniques.
(3) 
Consider establishment of on-road bike lanes along Governor Printz Boulevard and possibly Wanamaker Avenue, Second Street and Tinicum Island Road.
(4) 
Investigate possibility of off-road multipurpose trails, possibly along creek valleys or in vicinity of John Heinz Wildlife Refuge, as well as the connection of these facilities to other trails to accomplish meaningful recreation/transportation linkages.
(5) 
Cooperate and participate in efforts to extend the East Coast Greenway through Tinicum. The ECG is a multiuse trail for walkers, bikers and other users that is planned to extend along the east coast from Maine to Florida.
(6) 
Provide sidewalks where none exist, require sidewalks in new developments and where feasible, provide walking/jogging trails in Township parks.
(7) 
Review traffic signs to determine whether they are clear, in proper locations and in good condition. Identify areas/intersections that need "no through traffic" and "local traffic only" or similar signs to protect residential areas from "cut through" traffic.
(8) 
Review bus routes periodically, with the purpose of providing best possible service for Township riders.
(9) 
Review adequacy of bus shelters and arrange to have new ones erected where needed.
(10) 
Advise residents of paratransit services offered by Community Transit of Delaware County (CTDC), in view of the significant percentage of elderly population in the Tinicum.
J. 
Environment.
(1) 
Continue policy of carefully regulating construction on or near environmentally sensitive areas such as wetlands, floodplains or areas in proximity to the John Heinz Wildlife Refuge.
(2) 
Pursue funding for repair and replacement of storm water system components as need arises.
(3) 
Support the periodic dredging of the Delaware River back channel to promote recreational uses and foster the viability of commercial uses in the Township.
K. 
Parks and recreation.
(1) 
Review the recreational programs and activities for all ages and institute additional and/or different activities where needed to serve all age groups.
(2) 
Prepare a Township-wide park, recreation, and open space plan to assess the condition and adequacy of existing recreational areas and facilities, identify future open space and recreation needs, evaluate areas for environmental protection, and recommend additional facilities and programs to serve the needs of Township residents. Consideration should be given to related planning efforts and on-going recreation planning initiatives such as the Darby Creek Greenway Plan, the Heinz Refuge Access Study, the Delaware County Route 291/13 Heritage Parkway Study, installation of the East Coast Greenway, and similar recreation planning efforts.
(3) 
Identify small, vacant or underutilized lots and select those deemed suitable for development as pocket parks, neighborhood playgrounds or neighborhood gardens.
(4) 
Coordinate with officials of Interboro School District for community use of district-owned playing fields to supplement the active recreation areas in the Township.
(5) 
Organize a citizens' association or committee consisting of local officials and residents to identify need for recreational programs, activities and events for all age groups.
L. 
Intergovernmental cooperation.
(1) 
Approach common problems with area municipalities on roadway corridor basis (e.g., Route 420), watershed basis or similar approach. Savings can often be attained in purchase of equipment or provision of services by employing a regional, cooperative approach.
(2) 
Continue to participate in the Delaware County Coastal Zone Task Force and related state and regional committees as opportunities arise.
(3) 
Implement the recommendations of the Industrial Corridor Design study by adopting the proposed Corridor Overlay District designed to allow greater variety of modern/high tech uses along the waterfront.
M. 
Delaware County Industrial Heritage Parkway Route 291/13 Beautification and Greenway Plan implementation.
(1) 
Incorporate the recommendations of the Delaware County Route 291/13 Industrial Heritage Parkway and Greenway Landscaping and Signage Guidelines into local codes.
(2) 
Install streetscape improvements and directional signage consistent with the Landscape and Signage Guidelines.
(3) 
Install elements of the East Coast Greenway Bikeway and the Tinicum - Fort Mifflin Trail as funding becomes available.
N. 
Energy conservation.
(1) 
Develop policies and ordinances to encourage and/or require energy conservation and waste reduction measures for private new construction, large expansions, additions or redevelopment, construction or expansion of Township buildings or facilities, and Township purchasing.
(2) 
Institute measures such as replacing lights in Township facilities with long-lasting, energy saving lights, review insulation levels and upgrade as needed, inspect heating and cooling systems and upgrade as needed, consider purchase of hybrid vehicles, etc.
(3) 
Encourage existing and proposed businesses and industries in the Township to adopt energy conservation measures and encourage them to introduce LEED (Leadership in Energy and Environmental Design) or ENERGY STAR® measures for energy conservation.
O. 
Prohibition of aircraft. Consistent with the Overall Community objective as noted in § 395-3A above, it is the intent of the Board of Commissioners of Tinicum Township to protect residential neighborhoods and other areas of the Township from the intrusion of aircraft or airport-dependent uses. To that end, this chapter specifically prohibits the presence of aircraft in several zoning districts. Except for seaplanes, aircraft shall only be permitted by conditional use in the SU-Special Use District or where elsewhere specified, by conditional use.
For the purpose of this chapter, Tinicum Township is hereby divided into the following zoning districts:
R-1
Residential
R-1A
Residential
R-2
Residential
R-3
Residential
C-1
Commercial
C-2
Commercial
C-3
Planned Commercial Office
C-4
Commercial-Industrial
C-4A
Commercial-Industrial
I-B
Industrial Business
H
Heavy Industrial
IHCO
Industrial Heritage Corridor Overlay
W-1
Waterfront
W-1A
Waterfront
W-2
Waterfront
OR
Outdoor Recreational
SU
Special Use
A. 
Minimum and uniform regulations. Unless specifically indicated otherwise, the regulations set forth in this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structures or land.
B. 
Existing uses and structures. In all districts, after the effective date of this chapter, any lawfully existing use, building or other structure or any tract of land which is not in conformity with the regulation of the district in which it is located shall be deemed to be nonconforming and subject to the regulations of this chapter.
C. 
Proposed uses and structures. In all zoning districts, after the effective date of this chapter, any new buildings or other structure or any tract of land shall be constructed, developed, and used only in accordance with the regulations specified herein, except where a variance has been authorized by the Zoning Hearing Board in accordance with Article XXVI.
A. 
The zoning district locations and boundaries are those that exist on the legally adopted official Zoning Map, a copy of which is attached hereto and made a part of this Zoning Ordinance. The original Zoning Map shall be kept on file in the office of the Township Manager. Whenever changes are made in the boundaries or other matters included on the said Zoning Map, the Township Engineer shall make such changes in the map within five days after the amendment has been approved by the Township Commissioners.
B. 
Where possible, the boundaries between districts shall follow natural or man-made features and lines. Unless otherwise indicated, boundaries shall be the center line or extension of the center line of a street, alley, or highway; railroad rights-of-way, streams, or other natural or man-made features that can form logical boundaries to districts.
C. 
Where a district boundary line divides a lot held in a single and separate ownership on the effective day of this chapter, the regulations of the less restricted district shall extend over the portion of the more restricted district a distance of not more than 50 feet from the district boundary.
D. 
Boundaries indicated as appearing to follow platted lot lines shall be construed as following such lot lines. The scale of the map shall determine distances not specifically indicated on the Official Zoning Map. In any other circumstances not covered or in the event of any uncertainty as to the boundary of any district, the Zoning Hearing Board shall interpret the district boundary or boundaries.
E. 
The boundaries of the W-1, W-1A, W-2, SU and H Districts that abut the Delaware River, shall extend 500 feet from the mean low water mark into the Delaware River.
A. 
In the interpretation and application of the provisions of this chapter, the said provisions shall be held to be the minimum requirements for the promotion and the protection of the public health, welfare and safety. Where the provisions of this chapter impose greater restrictions than those of any other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute or other ordinance or regulation impose greater restrictions, the provisions of such other statute, ordinance or regulation shall be controlling.
B. 
In interpreting the language of this chapter to determine the extent of restriction on the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language, in favor of the property owner and against any implied extension of the restriction.
If any article, section, subsection, paragraph, clause or provisions of this chapter shall be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this chapter as a whole of any other part.
The existing zoning regulations as amended are hereby repealed.[1]
[1]
Editor's Note: Ordinance No. 2021-911 repealed former Ch. 395, Zoning, adopted 6-7-1948 by Ord. No. 182, amended in its entirety 6-17-2002 by Ord. No. 747, as further amended.
This chapter shall become effective immediately upon final enactment.
Enacted and ordained this 17th day of May, 2021.