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 Caln Township, Chester County, Pennsylvania, and for said purposes dividing Caln Township into districts and prescribing certain uniform regulations for each such districts and providing for the administrative enforcement and amendment provisions in accordance with the Pennsylvania Municipalities Planning Code, as amended.
Chapter 155 of the Caln Township Code shall be known as and may be cited as the "Caln Township Zoning Ordinance of 2005."
This chapter has been adopted in accordance with the requirements of Pennsylvania Municipalities Planning Code, as amended; with the goals, objectives and policies established within the Caln Township Comprehensive Plan (adopted in December of 2003); the Caln Township Open Space, Recreation and Environmental Resources Plan (adopted in July of 1995); and with consideration for the character of Caln Township and its capacity to accommodate growth, development and redevelopment. In addition to implementing the Caln Township Comprehensive Plan, the purpose of Chapter 155 is designed:
To promote, protect and facilitate one or more of the following: the public health, safety, general welfare, coordinated and practical community development, proper density of population, civil defense, emergency management, airports and national defense facilities, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements as well.
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.
To identify, protect and preserve the physical and environmental amenities within Caln Township.
To have planned orderly residential growth and development by considering environmentally sensitive land areas, existing land uses, infrastructure and the suburban characteristics of Caln Township.
Provide opportunities for commercial and industrial growth and development by considering environmental limitations, existing land uses, infrastructure and the suburban characteristics.
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.
To improve the quality of life within the community.
To conserve, protect and sustain a high quality natural resource system.
To preserve and enhance scenic resources.
To preserve and protect historical and cultural resources within the community.
To provide a diversified supply of housing that meets the existing and projected demands.
To encourage aesthetical and innovative residential growth within Caln Township that will meet the needs of existing and future residents.
To achieve and maintain a dynamic business climate to ensure a continuation of sound economic growth.
To promote employment and economic development opportunities.
To encourage commercial and industrial development, revitalization and rehabilitation that are adequate to meet Caln Township's needs for employment, goods and services.
To provide community facilities and services which meet the needs of the community while staying within the fiscal budget limitations of Caln Township.
To provide parks, recreation facilities and open space areas which meet the needs of the residents.
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.
To ensure that all existing and prospective uses are serviced by basic utilities.
To promote, encourage and practice energy conservation.
To provide and maintain a safe, efficient and diversified transportation system which optimizes mobility, strengthens the economy and protects the environment.
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 Caln Township Comprehensive Plan as well as the Caln Township Open Space, Recreation and Environmental Resources Plan. These regulations have been established with considerations to Caln 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.
Except as hereinafter provided, no building, structure, land, watercourse or parts thereof within the Township shall be used or occupied, erected, constructed, assembled, moved, removed, demolished, eliminated, enlarged, reconstructed or structurally altered unless in conformity with the provisions of this chapter.
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.
This chapter contains various supplemental matrix charts that are intended to specify certain zoning requirements or summarize certain zoning requirements. Where a discrepancy should exist between the provisions contained within the text and the provisions contained within the supplemental matrix charts, the provisions contained within the text shall prevail.
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 Chapter.
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 Caln Township Board of Commissioners has enacted the Caln Township Zoning Ordinance of 2005 on March 10, 2005. This chapter of the Caln Township Code shall become effective upon the adoption by the Board of Commissioners.