This chapter is enacted for the purpose of assuring sites are
suitable for building purposes and human habitation and to provide
for the harmonious development of Shippensburg Township; for the coordination
of existing streets with proposed streets; for adequate open space
for traffic, recreation, light and air, and for proper distribution
of population, thereby creating conditions favorable to the health,
safety, morals, and general welfare of the citizens of Shippensburg
Township.
The provisions of this chapter shall be held to be minimum requirements
to meet the above-stated purposes. Where the provisions of this chapter
impose greater restrictions than those of any statute, other ordinance,
or regulations, the provisions of this chapter shall prevail. Where
the provisions of any statute, other ordinance, or regulations impose
greater restrictions than those of this chapter, the provisions of
such statute, other ordinance, or regulation shall prevail.
This chapter may be cited as "The Shippensburg Township Subdivision
and Land Development Ordinance of 2008."
In addition to the foregoing, this chapter is adopted in the
interest of protecting and promoting the public health, safety, morals,
and general welfare, and shall be deemed to include the following
related and general community development goals, among others, as
may be stated in the 2005 Shippensburg Borough/Shippensburg Township
Joint Comprehensive Plan, the contents of which are hereby ratified,
approved, readopted, and incorporated herein by reference as fully
as those set forth at length herein by the Shippensburg Township Board
of Supervisors.
A. Recognize and respect the assets and limitations of the natural and
built environment, protect those assets, and facilitate their incorporation
into the daily lives of the Township's residents.
B. Provide open space within the Township through the preservation and
acquisition of stream corridors, wellhead protection areas, and woodlands,
and encourage development and maintenance of recreation areas and
parks.
C. Manage, control and guide development to appropriate areas in order
to preserve natural, agricultural, and man-made resources with the
intent to provide a suitable balance of residential and nonresidential
uses.
D. Provide opportunities for a broad range of housing types to consider
the needs of all economic and demographic groups in the Township.
E. Provide a safe and efficient transportation circulation system which
will enhance pedestrian and bicycle movement, ease vehicular travel,
minimize impacts on residential development, and enhance the safety
of the region's road corridors.
F. Provide necessary community facilities and services to the Township's
residents in an efficient, cost-effective, and quality manner consistent
with financial resources.
G. Maintain and enhance the economic vitality of the Township. Encourage
appropriate economic development in the form of light industrial and
commercial development within proposed growth areas, while preserving
and enhancing the quality of the living environment.
H. Recognize that a Comprehensive Plan is just the beginning of a process
to achieve the Township's vision and goals, to guarantee that the
plan will be an essential part of the decisionmaking process of Township
officials.
I. Assure that the Comprehensive Plan will be implemented by the Township.
This chapter has been drafted and enacted after consideration
and incorporation of the guidelines set forth in the Pennsylvania
Municipalities Planning Code, as amended, as well as the procedural
safeguards required by the common law of the Commonwealth of Pennsylvania.
[See, e.g., Board of Supervisors of Franklin Township, Cumberland
County, Pennsylvania vs. Meals, 57 Pa. Commonwealth Ct. 129, 426 A.2d
1200 (1981); Board of Supervisors of Upper Frederick Township vs.
Moland Development Company, 19 Pa. Commonwealth Ct. 207, 339 A.2d
141 (1975).]