Exciting enhancements are coming soon to eCode360! Learn more 🡪
Township of New Garden, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
Zoning Map New Laws (6) Index Notes (12)
This chapter shall be known and may be cited as the "New Garden Township Zoning Ordinance of 1988, as amended (Ordinance Number 121)." This chapter shall become effective five days following its official adoption.
This chapter is enacted for the purpose of promoting the health, safety, and general welfare of the Township residents. The chapter is designed to:
A. 
Prevent the overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire panic or other dangers;
B. 
Preserve and protect important natural features of the Township including prime agricultural soils, floodplains, steep slopes, wetlands, and woodlands;
C. 
Accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses; and
D. 
Provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing.
The following community development objectives represent the broad intent of this chapter, and reflect the objective of the New Garden Township Comprehensive Plan:
A. 
Maintain the rural pleasantness of New Garden Township with the promotion and retention of agriculture and agricultural support activities.
B. 
Provide for a variety of housing while protecting the natural constraints of the environment through the use of lot design alternatives.
C. 
Encourage suitable light industry and commercial development within the scale of existing land use patterns, support facilities, and transportation network
D. 
Provide only essential utilities and services necessary to meet the needs of Township residents while remaining consistent with the economy of the Township.
E. 
Provide for safe and efficient movement of people and goods throughout the Township within the natural, physical, and fiscal limits of the existing transportation system.
F. 
Ensure that the development of land will be conducted with due regard to natural features and ecosystems so that the natural resources of the Township are conserved and maintained for the benefit of the residents.
[Added 2-25-2013 by Ord. No. 195]
New Garden Township has enacted this chapter in accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act 247, Article VI.[1] The Township has established the following controls:
A. 
Uniform regulations. The regulations established by this chapter within each district shall apply uniformly to each class or type of structure or land.
B. 
Application to new uses and structures. Following the effective date of this chapter, any new structure or new use on any tract of land shall be constructed, developed and used only in accordance with regulations specified for a given district.
[Amended 8-18-2014 by Ord. No. 213]
C. 
Application to existing uses and structures. Following the effective date of this chapter, any existing use of structure, or extensions to existing uses and structures which is not in conformance with the regulations for the district in which it is located shall be deemed nonconforming, and subject to the regulations of Article XVIII.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In interpreting and applying the provisions of this chapter, where doubt exists, the provisions shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare of the residents of New Garden Township.
A. 
Conformance. Hereafter, no land shall be used or occupied, and no building or structure shall be erected, altered, used or occupied, except in conformity with the regulations herein established for the district in which such land, building or structure is located.
B. 
Mixed use. In cases of mixed occupancy, the regulations for each permitted use shall apply to that portion of a building or land so used.
This chapter has not been designed to repeal, abrogate, annul or interfere with any existing ordinance or enactment or with any rule, regulation or permit adopted or issued except when the same may be inconsistent or in conflict with any of the provisions of this chapter. The provisions of this chapter shall control when this chapter imposes greater restrictions upon the use of land or structures.