[Amended 11-7-2022 by Ord. No. 573]
A.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the Township. The Comprehensive Plan in accordance with which this chapter is enacted and which is reflected in the provisions of this chapter has been formulated to implement the purpose set forth in § 155-2 hereinabove, in the respects therein stated and more particularly with a view toward the following objectives:
(1)
Guiding and encouraging the growth, development and redevelopment
of the Township of Tobyhanna in accordance with the comprehensive
planning of land use and population density that represents the most
beneficial and convenient relationships among the residential, commercial,
industrial and recreational areas within the Township, having regard
to their suitability for the various uses appropriate to each of them
and their potentiality for such uses, as indicated by topography,
drainage and soil conditions, existing transportation and other man-made
conditions, and trends in population, in the direction and manner
of the use of land, in building development and in economic activity,
considering such conditions and trends both within the Township and
with respect to the relation of the Township to surrounding areas.
(2)
Protecting the character and the social and economic stability of
each of such areas and encouraging their orderly and beneficial growth.
(3)
Protecting and conserving the value of land and buildings throughout
the Township appropriate to the various zoning districts established
herein.
(4)
Bringing about through proper timing the gradual conformity of land
use to the Comprehensive Plan aforesaid and minimizing conflicts among
the uses of land and buildings.
(5)
Aiding in bringing about the most beneficial relation between land
use and circulation of traffic throughout the Township, having particular
regard to traffic, and the avoidance of congestion in the streets
and the provision of safe and convenient access appropriate to the
various land uses.
(6)
Aiding in providing a guide for public policy and action in the efficient
provision of public facilities and services, in the provision of safe
and proper sanitary sewage disposal and for private enterprise in
building development, investment and other economics relating to land
use.
(7)
Preserving and enhancing the visual character and natural beauty
of Tobyhanna Township.
(8)
Prohibiting the use of unsuitable land for houses, buildings of all
types and other development.
(9)
Prohibiting the unnecessary change of the topography and unnecessary
cutting or clearing of forested areas of the Township.
B.
Insofar as such objectives are consistent with the purpose set forth in § 155-2 and with the aforesaid minimum requirements, the provisions of this chapter shall be interpreted, administered and applied in such manner as will facilitate attainment of said objectives and the community development objectives referred to in Article II hereof.
C.
In interpreting the language of zoning ordinances to determine the
extent of the restriction upon the use of the property, the language
shall be interpreted, where doubt exists as to the intended meaning
of the language written and enacted by the governing body, in favor
of the property owner and against any implied extension of the restriction.
