A New Zoning Ordinance: a) dividing the Borough of Coopersburg, Lehigh County, Pennsylvania into zoning districts with varying regulations; b) permitting, prohibiting and regulating: the uses of land, watercourses and other bodies of water, the size, height, bulk, location, erection, construction, expansion, razing, removal and use of structures, the areas and dimensions of land and water to be occupied by uses and structures, as well as open areas to be left unoccupied; c) establishing the maximum density and intensity of uses; d) providing for the administration and enforcement of this Ordinance in accordance with the Pennsylvania Municipalities Planning Code (MPC)[1] as amended, including provisions for special exception uses and variances to be administered by a Zoning Hearing Board; and e) establishing provisions for the protection of certain natural features.
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Editor's Note: See 53 P.S. § 10101 et seq.
This Ordinance shall be known and be cited as the "Borough of Coopersburg Zoning Ordinance" of 2019.
It is hereby declared to be the legislative intent that if a court of competent jurisdiction declares any provisions of this Ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Ordinance shall continue to be separately and fully effective. The Borough Council hereby declares that it would have passed this Ordinance and each section or part thereof, other than any part declared invalid, if it had advance knowledge that any part would be declared invalid. If the entire Zoning Ordinance should be declared invalid, then the Borough of Coopersburg Zoning Ordinance that was in effect immediately prior to the enactment of this new Zoning Ordinance shall automatically be reinstated as the Zoning Ordinance for the Borough of Coopersburg.
Allegations that this Ordinance or any amendment was enacted in a procedurally defective manner shall be appealed as provided in State law.
The pre-existing Borough of Coopersburg Zoning Ordinance, as amended, is hereby repealed, in addition to the repeal of any other subsections of Borough ordinances or resolutions or parts thereof that were adopted prior to this Ordinance that are clearly in direct conflict with this Ordinance.
Under the authority conferred by the Pennsylvania Municipalities Planning Code, as amended, the Borough Council of the Borough of Coopersburg hereby enacts and ordains into an Ordinance the attached document[1] this date of December 17, 2019. This Ordinance shall become effective on December 22, 2019.
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Editor's Note: Said document is included here as the remainder of this chapter, including attachments.