[Ord. 94, 6/8/1988, § 100]
This chapter shall be known as and may be cited as the "Solebury
Township Zoning Ordinance of 1988," as amended.
[Ord. 94, 6/8/1988, § 101]
No building or other structure or land shall be used or occupied
and no building or structure or part thereof shall be erected, constructed,
reconstructed, moved, enlarged or structurally altered unless in conformity
with the regulations of this chapter. However, this chapter shall
not require any change to any building, structure or use legally existing
at the effective date of this chapter; duly approved and/or under
construction in compliance with existing laws prior to the effective
date of this chapter; or reconstructed or resumed within one year
following a fire, earthquake or natural disaster.
[Ord. 94, 6/8/1988, § 102; as amended by Ord. 138,
5/26/1992, §§ 1–3]
1.
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; provision of adequate light and air; public requirements
such as vehicle parking and loading space, transportation, sewage,
water, recreational facilities, and public grounds; the provision
of a safe, reliable and adequate water supply for domestic, commercial,
agricultural or industrial use; and the preservation of the natural,
scenic and historic values in the environment and preservation of
forests, wetlands, aquifers and floodplains.
B.
To prevent the 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 preserve prime agricultural land and farmland considering topography,
soil type and classification and present use.
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, while considering
the limitations to land use relative to: suitability for on-lot sewer
and water systems; public sewer and water systems; accessibility from
roads which can safely accommodate proposed traffic; and the natural
constraints to development posed by wetland, floodplains, steep slopes,
carbonate geology, faults, and other sensitive and vulnerable resources.
[Ord. 94, 6/8/1988, § 103; as amended by Ord. 138,
5/26/1992, § 4; and by Ord. 153, 5/3/1994, § 1]
1.
The provisions of this chapter shall be held to the minimum requirements
for the promotion of the public health, safety, comfort, convenience
and general welfare, present and future, of the residents of the Township.
Where the provisions of this chapter impose greater restrictions than
those of any statute, other ordinance or regulation, the provision
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, ordinance or regulation
shall be controlling.
2.
To implement the purposes set forth in § 27-103, the Comprehensive Plan has been formulated. In accordance with the community development objectives of the Comprehensive Plan, the interpretation of chapter provisions should be made with a view toward the following:
A.
Providing methods to implement Article I, § 27, of the
Constitution of the Commonwealth of Pennsylvania, which decrees that
the people have a right of clean air, pure water, and to the preservation
of the natural, scenic, historic, and aesthetic values of the environment
and to protect natural resources which are a part of the ecological
system to which we are all bound, and therefore are the common property
of all the people, including generations yet to come, and must be
protected to insure the health, safety and welfare of all the people.
B.
Encouraging the maintenance of existing resources and facilities
within the Township through the protection, preservation, conservation
and/or rehabilitation of existing land, water resources, sensitive
natural features, structures and facilities.
C.
Instilling order in the growth and development of the Township by
regulating the intensity and location of development in accordance
with environmental and land use compatibility and the availability
of existing utilities, community facilities and services.
D.
Preserving environmental resources through the sensitive use and
treatment of land, water, air, flora and fauna.
E.
Protecting physical and biological resources associated with streams,
floodplains, wetlands, areas of steep and very steep slope, woodland
and other related resources.
F.
Regulating development intensity on individual tracts as required
to ensure that sewage disposal will be accomplished on an individual
"on-lot" basis to promote groundwater recharge, except in those areas
designated by the Township Act 537 Plan to utilize public water supply
and sewage disposal systems.
G.
Controlling the intensity of development in areas of sensitive natural
resources or natural features in order to reduce or eliminate adverse
environmental impacts.
H.
Encouraging the maintenance and preservation of prime agricultural
land, historic resources, and the amenities of light and air, recreation
and visual enjoyment.
I.
Promoting energy conservation.
J.
Providing a variety of housing types and intensities, compatible
and harmonious with available road access, utilities and infrastructure.
K.
Promoting creative versus conventional development by: preserving
natural resources through the open space option concept; providing
for meaningful open space within residential developments; and continuing
the village planning concept to preserve the character of existing
villages and to create an opportunity for new villages.
L.
Encouraging the maintenance, enhancement and/or rehabilitation of
existing neighborhoods and dwellings.
M.
Encouraging commercial uses which serve neighborhood and community
needs, and professional and other office uses.
N.
Providing institutional uses for various educational, cultural, community
service and recreational pursuits.
O.
Providing a safe and efficient road system.
P.
Promoting the maintenance, development and/or restoration of circulation
systems for walking, hiking, horseback riding, bicycling and the like.
Q.
Encouraging the maintenance of existing community facilities and
services to address education, safety, health and leisure needs; and,
promoting the provision of services to meet recreational, fire protection,
police protection, and other safety and other emergency protection
needs.
R.
Encouraging the maintenance and conservation of existing utility
systems to service present users.
3.
Insofar as such community development, objectives are consistent with the purpose set forth in § 27-103 and with the aforesaid minimum requirements therefore, the provisions of this chapter shall be interpreted, administered and applied in such manner as will facilitate attainment of the said objectives.
4.
Nothing contained in this chapter shall be interpreted or construed
to permit discrimination against any person who is protected from
discrimination under federal or state law. As to those persons protected
from discrimination on the basis of disability or handicap, as those
terms are defined by state and federal law, the Township and the Zoning
Hearing Board are hereby authorized to make reasonable accommodation
in the interpretation, application and enforcement of the provisions
of this chapter and any rules, policies, practices or services implemented
in conjunction therewith when such accommodation may be necessary
to afford such persons equal opportunity to use and enjoy a dwelling.
[Added by Ord. No. 2019-002, 1/15/2019]
