This chapter shall be known and cited as the "Unity Township
Zoning Ordinance."
A.
The community development objectives which are the basis for the
provisions of this chapter are set forth in the Comprehensive Plan
as adopted and amended by the Supervisors. In addition to the Comprehensive
Plan, the following is a supplementary statement of the purpose and
intent of the Unity Township Planning Code. The objectives are adopted
as a statement of legislative findings and may be used in evaluating
any proposed additions or deletions to the Unity Township Planning
Code.
B.
The general objective for the management of growth in Unity Township
is to provide a pleasant, attractive, healthy, safe and convenient
environment for living, working, education, shopping and recreation.
This objective shall be pursued by the creation and implementation
of land use plans to:
(1)
Preserve and improve the natural environment.
(2)
Increase property values, employment opportunities and the economic
base of the community.
(3)
Provide for safe, adequate and attractive housing.
(4)
Obviate losses from flooding and minimize hazards which might result
from the presence of the Westmoreland County Airport.
(5)
Provide the necessary infrastructure of utilities and vehicular and
pedestrian transportation arteries.
(6)
Provide for recreational and community facilities.
(7)
Provide for ongoing community planning and growth management.
C.
The preservation and improvement of the environment shall be pursued
by:
(1)
The elimination of visual and physical blight such as overhead utility
lines, concentrations of signs of excessive size and proximity, large
expanses of unbroken pavement and dilapidated structures.
(2)
The preservation of natural topography and woodlands, including the
limiting of hillside development beyond a reasonable gradient, and
the control of floodplains and watersheds.
(3)
The prevention of excess erosion, hazardous rock and soil slippage,
sedimentation and other soil and water management problems.
(4)
The regulation and control of the design, construction, quality of
materials, use, location and maintenance of grading, excavation and
fill.
(5)
The reclamation of derelict land.
(6)
The dedication and acquisition by the Township of natural open space
and wooded slope land to link existing and proposed park sites and
neighborhoods and to prevent ecological problems resulting from extensive
cut and fill necessary to develop wooded slope lands.
D.
The increase of property values, employment opportunities and the
economic base of the community shall be pursued by:
(1)
The promotion of balanced economic growth and employment opportunities.
(2)
The concentration of commercial and industrial uses in the areas
where streets and utilities can provide the necessary services and
where conflicts with other uses can be minimized through site design
and transitional provisions.
E.
The provision of safe, adequate and attractive housing for the entire
population of the community shall be pursued by:
(1)
Providing a wide range of housing density alternatives and a mix
of housing types, correlating residential density and housing type
with topography, environmental conditions and the capacity of and
distance from existing and proposed utilities, streets and community
facilities.
(2)
The removal of dilapidated housing, the rehabilitation of deteriorating
housing, the maintenance of sound housing and the development of new
housing.
(3)
The promotion of an attractive residential environment through the
implementation of the other objectives set forth herein.
(4)
The provision of residential areas with adequate commercial, governmental,
recreational and educational facilities.
(5)
The preservation of historical landmarks.
F.
The creation and implementation of land use plans shall seek to achieve
the foregoing objectives and to:
(1)
Avoid incompatible land use if possible and protect against the detrimental
effect of incompatible land uses through planting, open space and
natural breaks in topography.
(2)
Concentrate development where possible to prevent sprawl, conserve
open space and make full use of utilities and services.
(3)
Provide site plan control.
G.
The prevention of loss of life, disruption of commerce and governmental
services, unnecessary expenditure of public funds for flood protection
and relief and the related impairment of the tax base shall be pursued
by:
(1)
Regulation of uses and development in floodplains which, acting alone
or in combination with other uses and development may cause unacceptable
increases in flood heights, velocities and frequencies.
(2)
Restricting and prohibiting certain uses, activities and development
from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and developments that occur
in floodplains to be protected and flood proofed against flooding
and flood damage.
(4)
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
H.
Providing necessary infrastructure for utilities and transportation
arteries shall be pursued by:
(1)
The extension of the Township improvements of water lines, storm
and sanitary sewers and roads and their improvement where economically
feasible to guide and promote development.
(2)
The encouragement of public utilities to improve and extend services
consistent with the objectives set forth herein.
(3)
Traffic planning and control which will provide safe, rapid and convenient
movement of people and goods within and through the Township, with
a separation of through and local traffic, provide for pedestrians
and minimal disruption of existing and proposed development patterns
and community integrity.
I.
Providing recreational and community facilities shall be pursued
by:
(1)
The creation of outdoor and indoor recreational facilities to accommodate
the existing and future population.
(2)
The promotion of schools and parks in close proximity to decrease
duplication of services and to provide the greatest value for public
expenditures.
(3)
The promotion of acquisition or dedication of natural open space
for park and recreational purposes.
(4)
The provision of residential areas with adequate commercial, governmental,
recreational and educational facilities.
(5)
The preservation of historical landmarks.
Full compliance with all the provisions of this chapter, and
the lawful issuance of all permits required by this chapter, shall
be required before:
A.
Any structure is located, erected, constructed, reconstructed, moved,
altered, converted or enlarged or any structure or land is altered
or used.
B.
The subdivision or land development of any lot, tract or parcel of
land is made.
C.
Any street, sanitary sewer, storm sewer, water main or other improvements
in connection therewith is laid out, constructed, opened or dedicated
for public use or travel or for the common use of occupants of buildings
abutting thereon.
D.
Any lot, parcel or tract in a subdivision is sold, transferred, leased
or otherwise conveyed.
E.
Any grading, excavation or fill is enlarged, altered or repaired.
F.
Any sign is erected or altered as specified herein.
To ensure compliance with the provisions of this chapter, the
following permits and plat approvals are required:
A.
A development permit shall be required before any person may construct,
reconstruct, move, alter or enlarge any structure or building; or
change the use of a structure or land to a different use; or change
a nonconforming use or structure.
(1)
No development permit shall be issued for the construction of a structure
in a subdivision, land development or planned residential development
until the final plat has been approved by the Supervisors and has
been recorded as required herein.
(2)
No development permit shall be issued for any use upon any lot, except a single-family home dwelling, until a site development plan has been submitted, reviewed and approved in accordance with the provisions of Chapter 104, Subdivision and Land Development, of the Code of the Township of Unity. No permit under this chapter shall be required for existing structures, where the structure is being altered without change in use category, or where new construction or additions to structures occurs without a change in the site.
B.
A development occupancy permit shall be required prior to the occupancy
of land or structure or any portion thereof and to certify the validity
of nonconforming uses or structures. Any use of property existing
without a development occupancy permit shall not be deemed "lawfully
existing."
C.
A sign permit shall be required before any person may hereafter erect
or alter in any way any sign, except a nameplate or temporary real
estate sign as specified herein.
D.
A grading permit shall be required, except for minor grading operations,
before any person may grade, excavate or fill any land, improve a
street or install any public utilities. No grading permit shall be
issued for any subdivision, land development or planned residential
development until the proposed development plan has received preliminary
approval by the Supervisors.
E.
Every permit or permission granted hereunder shall become null and
void if the work authorized has not been completed within one year
from the date of issuance. If the activity for which the original
permit was issued continues for more than one year, a new permit must
be obtained. The permit may be renewed by the Code Enforcement Officer
if there has been no change in applicable regulations and if such
renewal is requested within one month of the date of expiration of
such permit. If applicable regulations have been changed, the full
review and approval procedure required by this chapter shall apply.
No permit issued by authorization of the Board shall be renewed except
by authority of the Board.
F.
Every permit shall be revocable if the Code Enforcement Officer determines
that the applicant or occupant is not complying with every condition
required by the issuance of said permit.
The provisions of this chapter shall be interpreted as the minimum
requirements imposed for the protection of the health, safety, morals
and general welfare of the Township.
Neither the issuance of a permit under the provisions of this
chapter, nor compliance with its provisions, nor nonconformance with
conditions required by any such permit shall relieve any person from
liability for damage resulting from any development activity, nor
attach any liability upon the Township for damages to persons or property.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This chapter
does not imply that areas outside the floodplain districts or that
land uses permitted within such districts will be free from flooding
or flood damages. This chapter shall not create liability on the part
of the Township or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
The provisions of the Code of Unity Township relating to zoning as set forth in Chapter 118 are hereby repealed. Only those provisions specifically identified herein as "preserved" shall survive adoption of this chapter.
