[Amended 12-1-1992 by Ord. No. 92-15]
This chapter is enacted for the following purposes:
A.
To promote, protect and facilitate the public health, safety, morals,
general welfare, coordinated and practical community development,
proper density of population, emergency management preparedness and
operations, airports and national defense facilities, the provisions
of adequate light and air, access to incident solar energy, police
protection, vehicle parking and loading space, transportation, water,
sewage, schools, recreational facilities and public grounds, the provision
of a safe, reliable and adequate water supply for domestic, commercial,
agricultural and industrial uses, and other public requirements, as
well as preservation of the natural, scenic and historic values in
the environment and preservation of forests, wetlands, aquifers, floodplains
and other natural resources.
B.
To prevent 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 for the use of land within the Township 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 a zoning ordinance
shall not be deemed invalid for the failure to provide for any other
specific dwelling type.
D.
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.
E.
To minimize danger to public health and safety and damage to property by providing for management of stormwater runoff in a manner consistent with the stormwater management regulations contained in the Middletown Township Subdivision and Land Development Ordinance (Chapter 440) and the Neshaminy Creek Watershed Stormwater Management Plan.[1]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience and general welfare.
Where the provisions of this chapter impose greater restrictions than
those of any statute, other ordinance or regulation, the provisions
of this chapter shall be controlling. Where the provisions of any
statute, other ordinance or regulation impose greater restrictions
than this chapter, the provisions of such statute, other ordinance
or regulation shall be controlling.
This chapter shall be known and may be cited as "The Middletown
Township Zoning Ordinance."
The following statement of community goals and objectives is
designed to guide growth and development in Middletown Township. This
statement shall serve as an adjunct to the Middletown Township Comprehensive
Plan, the East Middletown Development Guide, the North Middletown
Study, and the West Middletown Study. This statement is in compliance
with the requirements of § 606 of the Pennsylvania Municipalities
Planning Code (Act 247, as amended by Act 170).[1]
A.
Growth. Growth is a primary concern in planning for the future of
Middletown Township. The Township is an attractive locale for both
residential and nonresidential development, and this trend can be
expected to continue in the future. Many facets of the community are
affected by growth, either directly or indirectly. These include the
natural and man-made environment, the transportation network, and
community services and facilities. These impacts can be positive and
negative. Thus, zoning should allow growth to occur but should control
those aspects of growth which are undesirable.
(1)
Goal. To manage growth in Middletown Township so that both individual
landowners' rights and the interests of the community as a whole are
protected.
(2)
Objectives.
(a)
To promote a land use pattern that protects those historical,
cultural and natural features which are important to the character
of the Township while still allowing opportunities for growth.
(b)
To direct more intensive development to those areas of the Township
which are most appropriate for growth and which can best accommodate
it.
(c)
To limit the impact of new development on existing development
through appropriate land use standards such as buffer yards and setback
requirements.
(d)
To develop regulations so that the individual landowner can
choose a variety of alternative methods of using his land.
B.
Environmental protection. The environment is a common or public good.
Article I-27 of the Pennsylvania Constitution guarantees all citizens
the right to public natural resources in the state. The Constitution
provides for the state to protect these resources for present and
future generations. Furthermore, § 604 of the Pennsylvania
Municipalities Planning Code states that one of the purposes of zoning
is to preserve the natural, scenic and historic values in the environment.
Thus, Middletown Township can justify environmental protection regulations
on the basis of the State Constitution and various implementing statutes.
(1)
Goal. To protect the people's right to clean air, pure water,
and the other natural and historic resources of our environment and
to guarantee a quality environment for present and future populations.
(2)
Objectives.
(a)
To preserve the unique qualities and natural resources of the
Township by incorporating environmental protection standards and other
appropriate land use standards into this chapter.
(b)
To evaluate the environmental impacts of changes in zoning and
proposed developments, making every effort to minimize adverse environmental
impacts through sound planning and design.
C.
Balanced community.
(1)
Land should be allocated for all reasonable types of uses to
satisfy community needs and to provide a wide range of opportunities
for Township residents. Commercial uses provide convenient goods and
services while industrial uses provide employment opportunities. Both
of these uses expand the tax base, alleviating some of the tax burden
on Township residents. A wide range of housing types presents opportunities
for people of all socioeconomic backgrounds and offers housing options
for Township residents. Thus, the allocation of land for all reasonable
uses will create numerous and expanded opportunities for Township
residents.
(2)
Proper land use planning creates the opportunity for a balance
between the Township's existing land uses and the demands of anticipated
growth. This balance is provided by allocating the land in the Township
for specific types and intensities of land use.
(a)
Goal. To provide for a balanced community containing all reasonable
types of land uses including residential, commercial, industrial,
agricultural, recreational and institutional.
(b)
Objectives.
[1]
To ensure that this chapter permits a variety of land uses in
appropriate locations in the Township.
[2]
To ensure that this chapter permits a range of housing types
at varying densities so that all socioeconomic groups have access
to the community.
[3]
To analyze all planning and zoning proposals to ensure that
new growth and development enhance the balance of land uses in the
Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
