The ordinance codified in this Chapter is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania, Act 247, "The Pennsylvania Municipalities Planning Code," July 31, 1968, as amended.

The Council of Canton Borough, Bradford County, PA, under the authority cited above, does hereby ordain that this Zoning Ordinance was enacted in order to promote and protect the health, safety, morals and general welfare of the residents of the Borough.

The ordinance codified in this Chapter shall be known and may be cited as "The Canton Borough Zoning Ordinance of 2014" and intends to serve as a comprehensive revision of the Canton Borough Zoning Ordinance dated November 8, 1976.

This Chapter provides a legal basis and framework for future development within Canton Borough. Its provisions were guided by the policy recommendations set forth in the 2003-2005 Joint Community Comprehensive Plan for the Granville Township, Canton Borough and Canton Township, adopted by resolution of the Canton Borough Council on October 10, 2005. The following list of Goals and Objectives were taken verbatim, and represent the Borough's legislative findings with respect to historical and cultural resources, natural resources and sensitive areas, housing, land use, transportation, community facilities and utilities, economic development, institutional/regulatory and other factors which the Council believes relevant in guiding the future development of the municipality. The highlighted Goals and Objectives are specific to Canton Borough:

Goal: To preserve and conserve the rich agricultural and commerce history and heritage resources of the Canton/Granville area.

To encourage and work with the Endless Mountains Heritage Region, the Bradford County Historical Society, and other area historic and heritage development organizations to further document and catalog important sites and themes related to the agricultural heritage of the Canton/Granville Area.

To encourage and work with the Endless Mountains Heritage Region, the Bradford County Historical Society, and other area historic and heritage development organizations to further document and catalog important sites and themes related to the manufacturing heritage of the Canton Area.

To encourage and work with the Endless Mountains Heritage Region, the Bradford County Historical Society, and other area historic and heritage development organizations to further document and catalog important sites and themes related to the commercial heritage particularly of Canton Borough.

To encourage and work with the Endless Mountains Heritage Region, the Bradford County Historical Society, and other area historic and heritage development organizations to further document and catalog important sites and themes related to the western migration of the population reflected in the settlement of the Canton/Granville Area.

To develop and provide informational signage for historic and architecturally significant structures, existing and gone, including Minnequa Springs, the Charles Lee's Great London Shows circus, the Train Station, and structures or sites not yet recognized.

Goal: To recognize the importance and improve the visibility of transportation in telling the story of the heritage of the Canton/Granville Area.

To encourage and work with the Endless Mountains Heritage Region, the Bradford County Historical Society, and other area historic and heritage development organizations to further document the role of highways (i.e., Route 6, Pennsylvania Routes 14, 414 and 514) and rail service in the heritage of the Canton/Granville Area.

To coordinate and work with the Pennsylvania Route 6 Heritage Corporation and the Pennsylvania Route 6 Tourist Association focusing on the interrelationship between nearby U.S. Route 6 and the agricultural, commerce, migration and manufacturing heritage of the Canton/Granville Area.

Goal: To preserve and conserve the critical natural and environmental features that define the Canton/Granville Area and enhance its quality of life.

To preserve viewsheds characterized as forested uplands, scattered steeply sloping areas and agricultural valleys.

To preserve area streams and creeks, especially those stocked with and/or sustaining fish and/or drinking water.

To preserve and maintain other water resource areas such as groundwater recharge areas typically in the middle and upper sections of ridges especially in southeastern, central and western sections of Canton Township and scattered throughout Granville Township; and spring areas predominantly in the south central section of Granville Township and southeastern central and western sections of Canton Township.

To preserve and enhance areas identified as being of local significance, including Minnequa Springs, Canton Lake, local houses of worship, Manley Bohlayer Farm and good and/or active agricultural land.

To preserve and maintain agricultural activities, especially on existing farms and in areas having prime agricultural soils.

To foster development in existing built-up areas and in identified growth centers.

To provide sewerage facilities to built-up and clustered areas of the Townships, as necessary to maintain the quality of the existing water supply and prevent ground contamination resulting from malfunctioning on-lot sewage disposal systems and/or untreated discharges.

To seek designation of State Route 414 as a Pennsylvania Byway, bringing together transportation, land use and natural resources.

Goal: To preserve and conserve the critical natural and environmental features that define the Canton/Granville Area and enhance its quality of life.

To provide opportunities for the development and revitalization of all types of housing throughout the Canton/Granville Area, providing for a range of choices related to location, type and cost.

To provide a mechanism for housing rehabilitation for low- and moderate-income homeowners and to focus on the resolution of housing rehabilitation needs that include concentrated rehabilitation needs in sections of the Borough, and highly scattered rehabilitation needs in the Townships.

To encourage the retention of the architectural integrity of residential structures in the Canton/Granville Area, especially during renovation, partitioning and rehabilitation activities.

To encourage the development of residential subdivisions in concert with the concept of Conservation Subdivisions in scale with the rural character, land use pattern, Natural Resources and Sensitive Areas and infrastructure capacity in the Townships of Canton and Granville.

To encourage the development of seasonal homes, hunting/fishing cabins and other forms of light density second-home residential development well-planned in concert with local land use patterns and Natural Resources and Sensitive Areas in the Townships of Granville and Canton.

To provide a mechanism by which new residents, young families and other prospective home-owners on moderate incomes may acquire and rehabilitate existing housing units coming available on the market via first-time homeowner programs.

To provide for the maintenance of the existing housing stock and exterior property condition by the enactment and enforcement of a property maintenance or existing residential structures ordinance.

To provide a mechanism for the demolition of severely dilapidated and/or derelict housing units that may have been abandoned by former owners.

Goal: To ensure orderly, appropriate and compatible growth that will result in well-planned and efficient development of Canton/Granville Area.

To encourage balanced development among the various land uses required to meet current and future local needs, in concert with the rural and passive open space orientation and developmental pattern prevalent with the Canton/Granville Area.

To encourage the coordination of sanitary sewer, water service and land use planning in Canton and Granville Townships, appropriate to reflect the concept of growth areas and clustering in development of appropriate areas reflecting future land use recommendations of this plan.

To encourage the revision, enactment and enforcement of a revised land use ordinance in Canton Borough, appropriate to regulating renewal activities, downtown development, mixed uses and traditional neighborhood development, and in-fill development while preserving community physical, environmental and historic assets.

To discourage future "strip" or linear development along major highways, especially PA Routes 14 and 414, and encourage in-fill development within or directly adjacent to the existing built-up areas, villages and development concentrations in concert with local Natural Resources and Sensitive Areas, physiographic characteristics and constraints.

To encourage the preparation and enactment of local Subdivision and Land Development Ordinances in the Borough and Townships, administered by the County, that provide local oversight over subdivisions and land developments in relation to highway access, design standards in keeping with local needs, stormwater management, water supply, sewage disposal, Natural Resources and Sensitive Areas and other pertinent and unique factors are taken into account.

To encourage innovative and creative approaches to residential and nonresidential development including the "cluster" concept; traditional neighborhood development; the incorporation of public open spaces, plazas and commons; aesthetic design and location of parking areas; pedestrian walkways trails and passages; and attention to vistas and viewsheds in future development.

Goal: To encourage and pursue the land development concepts of growth centers, village center and in-fill development, based on planning that links access, infrastructure, and past development patterns.

To develop areas within and adjacent to existing development, thereby enabling the most efficient and economic provision of basic community facilities and public utilities.

To prioritize the reuse of existing developed land and vacant structures throughout the Canton/Granville Area.

To assure that relevant residential and nonresidential development is carried out in a way that preserves and enhances the stately and historic structures.

To encourage a commercial growth center in Canton Borough within the central business district, and an industrial development corridor on the eastern edge of the Borough along Route 414.

To encourage the development of a small mixed-growth center in the villages of East Canton, Granville Summit and Granville Center, comprised of residential, mixed, public and small commercial uses.

Goal: To promote harmony between existing development, future development, and the natural environment.

To preserve environmentally sensitive land such as floodplains, wetlands, and steeply sloping areas, historic, architecturally significant and heritage resources; passive open and sporting areas; and Natural Resources and Sensitive Areas from inappropriate development.

To maintain and enhance recreational opportunities and preserve open space for use by existing and future residents.

To encourage the creation of environmentally neutral business and industry with new employment opportunities for existing and future residents.

To enact or revise local land use and land development ordinances to better anticipate and guide development, and consider the implementation of such ordinances in a regional format embracing the Townships and Borough.

To encourage the enhancement and retention of agriculture of a land use and component of the economic and tourism base of the Canton/Granville Area by protection via zoning, inclusion of Agricultural Security Areas, involvement in the Pennsylvania Agricultural Conservation Easement Program, the Pennsylvania Next Generation Farmer Loan Program, and the development and maintenance of Farmer's Markets.

Goal: To assure that a safe and efficient transportation network is maintained throughout the Canton/Granville Area for automobiles, trucks, motorcycles, bicycles, and pedestrians.

To coordinate efforts with the Pennsylvania Department of Transportation, Northern Tier Regional Planning and Development Commission and the Bradford County Planning Commission for the continuation of traffic safety improvements along Routes 14, 414 and 514 including shoulder widening, intersection improvements, turning lanes and surface improvements.

To provide candidate projects for submission to the Northern Tier Regional Planning and Development Commission and Bradford County Planning Commission and the Pennsylvania Department of Transportation for other transportation improvements for inclusion in the 12 Year Improvements Program on a biannual basis.

To assure that state secondary highways in the Canton/Granville Area are maintained in acceptable conditions in relation to surfacing and maintenance.

To create a more pedestrian friendly environment on PA Route 14 in the central business district of Canton Borough through traffic calming techniques.

To develop a sidewalk/trail interface between the Canton Borough Business District and near-by stream corridors.

To seek designation of State Route 414 as a Pennsylvania Byway, bringing together transportation, land use and natural resources.

Goal: To provide an adequate level of community facilities, utilities, and public services that are necessary to meet the needs of existing residents, persons anticipated to move into the area, and visitors.

To provide a venue for community events, concerts, theater and other public events in the centrally located historic venue provided by the Rialto Theater.

To enhance the role of Memorial Park as a community asset by pursuing a strategy focused on structural and non-structural improvements that improve the facilities, operation and year-round accessibility of the park.

To encourage the Endless Mountains Transportation Authority to carry out service improvements for the Canton/Granville Area in the form of more frequent service.

To complete the sidewalk/trail link between the business district and nearby stream corridors serving local residents and visitors.

To acquire or develop a new Township Municipal Building in Granville Township to better serve the future needs of the Township and enhance the concept of village center development.

To assure that residential and other development in the Township not connected to a public or package sewage treatment system are served by an adequate, operational and functional on-lot sewage disposal system or community system.

To revise the Township's Act 537 sanitary sewer plans to analyze the feasibility and benefits of a community treatment system in the larger villages and the land use concepts of growth areas and cluster development.

To encourage the development of a neighborhood recreational facility near the village of Granville Center.

To encourage the development of open and/or recreational areas in subdivisions as a requirement of the SALDOs governing development in the Townships.

To encourage greater interlocal government cooperation among the three area municipalities on a number of issues.

To require new residential subdivisions and commercial developments to tie into public water and public or package sewer systems.

Goal: To work toward the development of a diversified economic base balancing the employment needs of local and regional residents, the need to attract and retain younger people, and the physical capacity and developmental capacity of Canton/Granville Area.

To work with and through the Western Bradford Development Corporation (WBDC) in coordinated regional economic development initiatives in the Canton/Granville Area and in Western Bradford County as a whole.

To pursue an economic development strategy that seeks to preserve and expand employment opportunities within industries of historic importance to residents of Canton/Granville Area, including light manufacturing, retail trade, educational services, and agriculture.

To encourage the designation and implementation of the Route 14 Corridor between the Canton and Troy Areas as a regional development corridor.

To concurrently pursue the development of new businesses and industries including those in information technology and applied advanced technology.

To work with the WBDC, County, Regional and State developmental agencies in the expansion of the lumber and wood products cluster already in Western Bradford County, further building on natural resources of Canton/Granville Area and surrounding areas.

To work with the Canton Area School District and post-secondary institutions in the region in the development and maintenance of programs involving the training and re-training of residents to meet the needs of the changing economy.

To work with and through the WBDC in incorporating areas strengths and developmental incentives in place into developmental efforts, including combined Industrial Development Authorities serving the Canton/Granville and Troy Areas, the possible use of Paper Magic Building as speculative shell/incubator space, the work ethic of local residents, the quality of life in the area and the very reasonable cost of living offered by the area.

To continue to work toward the resolution of public infrastructure gaps (i.e., sanitary sewers) which provide obstacles to orderly development.

Goal: To pursue economic development in concert with proper land use and environmental characteristics, which reinforces preserves and builds on the unique physical characteristics and rural nature of Canton/Granville Area.

To encourage development within or adjacent to existing villages and growth centers on PA Routes 14, 414 and 514 and to avoid linear or "strip" development along the entire length of these highways the context of infrastructure, physiographic, environmental and aesthetic conditions.

To coordinate closely with the Pennsylvania Route 6 Tourist Association, the Pennsylvania Route 6 Heritage Corporation, the Endless Mountains Visitors Bureau and other agencies in the development of a local heritage tourism capacity and agency to promote heritage themes of the Canton/Granville Area focusing on agriculture, commerce and the rural quality of life.

To encourage the marketing of farming opportunities and work with WBDC, the Commonwealth and others in developing an incentives package for attracting new farmers and retaining existing farmers.

To build upon the proximity of the Elmira, Williamsport, and Towanda areas as regional assets and potential areas of employment for existing and potential residents who may be attracted to residential opportunities afforded by the small town and/or country living style of life of the Canton/Granville Area.

To incorporate unique regional economic base magnets of the Canton/Granville Area into business attraction efforts for allied or otherwise related industries or business.

To encourage Mansfield University, Elmira College and/or other nearby institutions of higher education to establish a satellite presence in the Canton/Granville Area.

To work with the existing property owner in finding a better and higher economic use for vacant developable land and structures.

Goal: To improve and diversify the Canton Borough Business District as the business activity area for the Canton/Granville Area and the larger region.

To pursue a Downtown Revitalization Strategy focused on structural and non-structural activities and improvements, including facade improvements, sidewalk and trail improvements, streetscape improvements (benches, lighting and banners), tourism, promotions and other management activities, recruitment of new business, and employee parking area/arrangements.

To identify an existing group or establish a new group to bring focus to downtown management and consider renewed participation in the Pennsylvania Main Street Program.

To adopt Heritage Tourism as an important component of the Downtown Revitalization Strategy involving the Apple and Cheese Festival, outdoor recreation and sporting opportunities, the Agricultural/Rural ambiance in association with the Townships, and the production and sale of local products and services.

To pursue a strategy of upper-floor reuse in downtown buildings that may involve reuse for residential, satellite college and/or office space uses.

To encourage mixed uses at within the business district and allow for some at strategic growth centers elsewhere by balancing new commercial development and preservation.

To incorporate unique business magnets of the Canton/Granville Area into recruitment and promotion efforts, with these magnets being local manufacturing, banks, the Rialto Theater, the Apple Cheese Festival, and local agriculture.

Goal: To provide a continuing comprehensive community planning process and provide a framework into which developmental, residential and utility planning will fit.

To maintain the function of the Three Community Joint Planning Committee (TCJPC) as an advisory body to the Borough and Townships, to facilitate and monitor plan implementation, and as a point of coordination for regional actions.

To adopt and implement the Municipal Plans for Canton/Granville Area, which guide development, provide for a community agenda, and identify improvements and concerns.

To consider the evolution and formalization of the TCJPC as a regional planning commission for the three communities and pursue the concept of a larger inter-municipal region embracing Troy Borough, Troy Township, West Burlington Township, LeRoy Township and Union Township.

To coordinate and submit applications for financial assistance to Penn Vest, The Pennsylvania Communities of Opportunity Program, the Growing Greener Program, Community Development Block Grant, the New Communities Program and other sources to implement structural and economic development activities.

To assist the Townships and Borough in the analysis and implementation of the regional provision of community facility or utility services.

To undertake the Comprehensive Development Plan update every 10 years.

To consider the adoption of appropriate land use controls including a new zoning ordinance for Canton and Granville Townships, a revised zoning ordinance for Canton Borough and Subdivision and Land Development Ordinances for the three municipalities.

In interpreting and applying this Chapter, its provisions shall be held to be the minimum requirements for promotion of health, safety, morals and general welfare of Canton Borough. Any use permitted subject to the regulations prescribed by the provisions of this Chapter shall conform with all the regulations of the zoning district in which it is located and with all other pertinent regulations of this and other related ordinances. This Chapter is not intended to interfere with, abrogate, annul, supersede, or cancel any easements, covenants, restrictions or reservations contained in deeds or other agreements, but if this Chapter imposes more stringent restrictions upon the use of buildings, structures and land than are elsewhere established, the provisions of this Chapter shall prevail. Wherever and whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted laws, rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern. In interpreting the language of this Chapter to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning of the adopted language, in favor of the property owner and against any implied extension of the restriction.

The granting of a Zoning Permit for the erection and/or use of a structure, building or lot shall not constitute a representation, guarantee or warranty of any kind or nature by Canton Borough, or an official or employee thereof, of the safety of any structure, building, use or other proposed plan from cause whatsoever, and shall create no liability upon or a course of action against such public official or employee for any damage that may be pursuant thereto.

It is recognized that: the Act of June 22, 1937 (P.L. 1987, No. 394) known as "The Clean Streams Law"; the Act of May 31, 1945 (P.L. 1198, No. 418) known as the "Surface Mining Conservation and Reclamation Act"; the Act of April 27, 1966 (1st Special Session, P.L. 31, No. 1) known as "The Bituminous Mine Subsidence and Land Conservation Act"; the Act of September 24, 1968 (P.L. 1040, No. 318) known as the "Coal Refuse Disposal Control Act"; the Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act"; the Act of December 19, 1984 (P.L. 1140, No. 223) known as the "Noncoal Surface Mining Conservation and Reclamation Act"; the Act of June 30, 1981 (P.L. 128, No. 43) known as the "Agricultural Area Security Law"; the Act of June 10, 1982 (P.L. 454, No. 133) entitled "An act protecting agricultural operations from nuisance suits and ordinances under certain circumstances"; and the Act of May 20, 1993 (P.L. 12, No. 6) known as the "Nutrient Management Act" preempt zoning ordinances. In addition, provisions set forth by the Act 13 of 2012, known as the "Unconventional Gas Well Impact Fee Act" under Chapter 33 "Local Ordinances Related to Oil and Gas Operations" shall be adhered to. Therefore, suggestions, recommendations, options or directives contained herein are intended to be implemented only to the extent that they are consistent with and do not exceed the requirements of those Acts. This Zoning Ordinance shall mandate nothing contrary to those Acts.