An ordinance establishing regulations, specifications
and restrictions for the uses of land, watercourses and other bodies
of water; the size, height, bulk, location, erection, construction,
repair, maintenance, alteration, razing, removal and use of structures;
the areas and dimensions of land and bodies of water to be occupied
by uses and structures, including areas, courts, yards and other open
spaces, and distances to be left unoccupied by uses and structures;
and the density of population and intensity of land uses within the
Muhlenberg Township, Berks County, Pennsylvania; and for said purposes,
dividing Muhlenberg Township into districts and prescribing certain
uniform regulations for each such district and providing for administrative
enforcement and amendment provisions in accordance with the Pennsylvania
Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: 53 P.S. § 10101 et
seq.
A.
This chapter of
the Muhlenberg Township Code was originally comprehensively revised
as part of Muhlenberg Township Ordinance 396 in order to implement
the goals, objectives and policies of the Muhlenberg Township Comprehensive
Plan of 2003.
B.
The Muhlenberg
Township Zoning Ordinance has been amended and codified through: Muhlenberg
Township Ordinance 415 adopted on December 19, 2005, Muhlenberg Township
Ordinance 418 adopted on May 15, 2006, Muhlenberg Township Ordinance
435 adopted on February 20, 2007, Muhlenberg Township Ordinance 439
adopted on September 17, 2007, Muhlenberg Township Ordinance 446 adopted
on January 21, 2008, Muhlenberg Township Ordinance 452 adopted on
April 21, 2008, Muhlenberg Township Ordinance Number 456 adopted on
September 15, 2008, and by Muhlenberg Township Ordinance 465 adopted
on January 19, 2009.
C.
This chapter of
the Muhlenberg Township Code shall be known as and may be cited as
the "Muhlenberg Township Zoning Ordinance of 2004, as amended and
codified."
This chapter has been adopted in accordance
with the requirements of the Pennsylvania Municipalities Planning
Code, PA Act 247, as amended; with the goals, objectives and policies
established within the Muhlenberg Township Comprehensive Plan (adopted
in October of 2003); and with consideration for the character of Muhlenberg
Township and its capacity to accommodate growth, development and redevelopment.
In addition to implementing the Muhlenberg Township Comprehensive
Plan, the purpose of this chapter and it is designed:
A.
To promote, protect
and facilitate one or more of the following: the public health, safety,
morals and general welfare of the community; coordinated and practical
community development; proper density of population; civil defense,
disaster evacuation, emergency management and national defense facilities;
the provisions of adequate light, air and water; the provisions for
vehicle parking and loading spaces; transportation and access management;
the provisions for adequate sewer and water facilities as well as
other utilities; educational and institutional uses; parks, recreation
and open space; and all other provisions recommended within the Comprehensive
Plan.
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 identify, protect
and preserve the physical and environmental amenities within Muhlenberg
Township.
D.
To direct residential
growth, development and revitalization efforts by considering environmentally
sensitive land areas, existing land uses, infrastructure, and the
suburban characteristics of Muhlenberg Township.
E.
To provide opportunities
for commercial and industrial growth and development by considering
environmental limitations, existing land uses, infrastructure, and
the suburban characteristics of Muhlenberg Township.
F.
To provide for
a system of open space through the preservation of floodplains, steep
slopes, wooded areas and farmlands, providing areas for passive and
active recreation.
G.
To achieve and
sustain a high quality natural resource system (water, biotic, land
and air) to protect public health and safety, and support and protect
a diversity of ecosystems.
H.
To conserve and
enhance scenic resources that reflect the natural and cultural heritage
within Muhlenberg Township.
I.
To develop an
appreciation of the historical and cultural resources within the community.
J.
To provide a diversified
supply of housing that meets the existing and projected demands of
the community.
K.
To encourage aesthetic
and innovative residential growth within Muhlenberg Township that
will meet the needs of existing and future residents.
L.
To achieve and
maintain a dynamic business climate to ensure a continuation of sound
economic growth within Muhlenberg Township and Berks County.
M.
To promote employment
and economic development opportunities in Muhlenberg Township.
N.
To encourage new
commercial and industrial development opportunities as well as to
promote revitalization and redevelopment opportunities which are considered
adequate to meet Muhlenberg Township's needs for employment, goods
and services.
O.
To provide community
facilities and services which meet the needs of the community while
staying within the fiscal budget limitations of Muhlenberg Township.
P.
To provide parks,
recreation facilities and open space areas which meet the needs of
the residents within the community and the region.
Q.
To improve, maintain
and plan sanitary sewage disposal facilities and water supply facilities
in an effort to meet the needs of the community, protect the environment
and support development consistent with land use plans.
R.
To ensure basic
utility services and facilities to service all existing and prospective
uses within Muhlenberg Township.
S.
To promote, encourage
and practice energy conservation within Muhlenberg Township.
T.
To provide and
maintain a safe, efficient and diversified transportation system which
optimizes mobility, strengthens the economy and protects the environment.
U.
To achieve a high
level of intergovernmental planning by coordinating efforts with local
and regional groups within the public and private sectors.
This chapter attempts to emulate through its
regulations the goals, objectives and policies of the Muhlenberg Township
Comprehensive Plan. These regulations have been established with consideration
to the Township's physical characteristics, population trends, housing
characteristics, existing land use characteristics, community facilities
and services and existing transportation characteristics. The regulations
established in this chapter reflect and portray the goals, objectives
and policies of the functional components of the adopted Comprehensive
Plan.
A.
Except as hereinafter
provided, no building, structure, land, watercourse, or parts thereof
within the Township shall be used or occupied, erected, constructed,
assembled, moved, enlarged, demolished, eliminated, reconstructed
or structurally altered unless in conformity with the provisions of
this chapter.
B.
In interpreting
and applying the provisions of this chapter, they shall be held to
be the minimum requirements adopted for the promotion of the public
health and safety and the general welfare of the residents and occupants
of the Township. Where the provisions of this chapter impose greater
restrictions than those of any other Township statute, ordinance or
regulation, the provisions of this chapter shall be complied with.
Where the provisions of any other Township statute, ordinance or regulation
impose greater restrictions than this chapter, the provisions of such
other Township statute, ordinance or regulation shall be complied
with unless otherwise stated in this chapter.
Should any article, section, subsection, paragraph,
clause, phrase or provision of this chapter be declared by a court
of competent jurisdiction to be invalid, such judgment shall not affect
the validity of this chapter as a whole or any part or provision thereof
other than the part so decided to be invalid or unconstitutional.
All ordinances or parts of ordinances, together
with the amendments and supplements thereto, are hereby repealed to
the extent that the same conflict with the provisions of this chapter;
provided, however, that the provisions of this chapter shall not affect
any suit or prosecution pending or to be instituted to enforce any
provision of such repealed ordinance or to punish any offense against
any such repealed ordinance committed prior to the effective date
of this Zoning Ordinance.
This chapter shall not apply to any existing
or proposed buildings, or extension thereof, used or to be used by
a public utility corporation, if, upon petition of said corporation,
the Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
It shall be the responsibility of the Pennsylvania Public Utility
Commission to ensure that both the corporation and the Township have
notice of the hearing and are granted an opportunity to appear, present
witnesses, cross-examine witnesses presented by other parties and
otherwise exercise the rights of a party to the proceedings.
The Muhlenberg Township Board of Commissioners
originally enacted the Muhlenberg Township Zoning Ordinance of 2004
on August 16, 2004. The Muhlenberg Township Zoning Ordinance has been
amended and codified through: Muhlenberg Township Ordinance 415 adopted
on December 19, 2005; Muhlenberg Township Ordinance 418 adopted on
May 15, 2006; Muhlenberg Township Ordinance 435 adopted on February
20, 2007; Muhlenberg Township Ordinance 439 adopted on September 17,
2007; Muhlenberg Township Ordinance 446 adopted on January 21, 2008;
Muhlenberg Township Ordinance 452 adopted on April 21, 2008; Muhlenberg
Township Ordinance Number 456 adopted on September 15, 2008; and by
Muhlenberg Township Ordinance 465 adopted on January 19, 2009. The
Muhlenberg Township Zoning Ordinance of 2004, as amended and codified,
shall become effective upon adoption by the Muhlenberg Township Board
of Commissioners.
