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:
A.
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.
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 Caln Township.
D.
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.
E.
Provide opportunities for commercial and industrial
growth and development by considering environmental limitations, existing
land uses, infrastructure and the suburban characteristics.
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 improve the quality of life within the community.
H.
To conserve, protect and sustain a high quality natural
resource system.
I.
To preserve and enhance scenic resources.
J.
To preserve and protect historical and cultural resources
within the community.
K.
To provide a diversified supply of housing that meets
the existing and projected demands.
L.
To encourage aesthetical and innovative residential
growth within Caln Township that will meet the needs of existing and
future residents.
M.
To achieve and maintain a dynamic business climate
to ensure a continuation of sound economic growth.
N.
To promote employment and economic development opportunities.
O.
To encourage commercial and industrial development,
revitalization and rehabilitation that are adequate to meet Caln Township's
needs for employment, goods and services.
P.
To provide community facilities and services which
meet the needs of the community while staying within the fiscal budget
limitations of Caln Township.
Q.
To provide parks, recreation facilities and open space
areas which meet the needs of the residents.
R.
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.
S.
To ensure that all existing and prospective uses are
serviced by basic utilities.
T.
To promote, encourage and practice energy conservation.
U.
To provide and maintain a safe, efficient and diversified
transportation system which optimizes mobility, strengthens the economy
and protects the environment.
V.
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.
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, removed, demolished,
eliminated, enlarged, 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.
C.
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.
