General authority to adopt and amend zoning. The Township Board of Supervisors, pursuant to the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988,[1] and as it may be further amended, hereby enacts this chapter as the Township Zoning Ordinance.

Penalties for noncompliance. Violations of this chapter may be punishable by civil penalties In accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.

General applicability. All uses of land, including but not limited to a change in lot dimension, a change of use, the erection of a structure, the occupation or use of a structure, are permitted only when such activities are in accordance with this chapter. The regulations of this chapter shall be the minimum necessary to promote the health, safety and welfare of the residents of the Township, and shall apply uniformly to each land use class or type of structure within particular districts. This chapter shall not apply to the normal and customary maintenance or properties.

Specific applicability. No building, structure, part of a structure of building, or land shall be hereafter used, erected, constructed, reconstructed, moved, or structurally altered except in accordance with all of the regulations specified for the zoning district in which it is located and as regulated in Article III of this chapter. No building or structure shall hereafter be erected or altered:

Municipal uses shall comply with this chapter. The provisions of this chapter shall apply to all municipal properties and uses of land, and to all bona-fide governmental agencies, authorities, and emergency services, except those of Conestoga Township.

Zoning Map. All areas within the Township are subject to the general and specific provisions contained in this chapter and as identified in the Zoning Map, as it may be amended.

Lists of permitted uses of land and dimensional requirements. This chapter lists the uses of land that may be allowed in the Township, as well as dimensional requirements and utilizes a Zoning Map[1] to show areas within the Township where such land uses are permitted. If a particular use of land is not specifically identified as a permitted or special exception use, it shall be considered to be prohibited, except as provided below.

How land uses are regulated. A particular use of land may be allowed or regulated in five ways:

The Zoning Officer shall administer this chapter. The Zoning Officer shall apply this chapter with the strictest interpretation as is reasonable.

Computation of time. If there is any question regarding the length of any review time regarding any provision of this chapter, all time shall be computed from the date of the receipt of a complete application by the Township Secretary, Zoning Officer, or other individual so authorized to accept applications by the Board of Supervisors.

General intent. In accordance with the Pennsylvania Municipalities Planning Code,[1] it is the intent, purpose and scope of this chapter to protect and promote the public safety, health, and morals, to facilitate coordinated development, to provide for the general welfare by guiding the development and protection of various amenities and conveniences, to promote future governmental, economic, practical, social and cultural facilities, to provide for development and growth, as well as to improve governmental processes and functions, to guide uses of land and structures, types and locations of streets, public areas and other facilities, to promote the conservation of energy through the use of land planning practices and the effective utilization of renewable energy resources, to promote the proper density of population, vehicle parking and loading areas, and to prevent the overcrowding of land, blight, danger, and congestion in travel and transportation, to prevent loss of life, health, or property, where possible, from flood, fire, panic, or other dangers, and to minimize land use conflicts as may presently exist or which may be foreseen.

No repeal of other laws. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any rules, regulations, or permits previously adopted or issued pursuant to law relating to the use of buildings, structures, shelter or premises; nor is it the intent of this chapter to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction on the use of a building or premises, or requires larger open spaces than are imposed or required by other statute, ordinance, rule, regulation or permit, or by any easement or agreement, the provisions of this chapter shall prevail.

To preserve and promote agriculture and the Township's rural character. It is the specific intent of the Board of Supervisors to implement the provisions of Section 604(g) and (h)[1] and Section 604(3) of the Pennsylvania Municipalities Planning Code,[2] as amended, which requires that the provisions of zoning ordinances shall be designed to protect prime agricultural land and shall encourage the continuity, development and viability of agricultural operations, and to preserve prime agriculture and farmland considering topography, soil type and classification, and present use. This policy is primarily implemented through the provisions of the Township's Effective Agricultural (A) District. Agriculture in the Township and in the county represents a nonrenewable resource, which is lost forever upon its conversion to nonagricultural uses. The Township contains substantial lands which are classified by the County Soil Conservation District as containing "prime agricultural" soils, which are regarded as particularly valuable resources. Preserving these resources will also promote and preserve the Township's rural character.

To meet the Township's responsibilities for accepting its fair share of development, while protecting agricultural areas. Population levels that are appropriate to the Township's character, location, limited roadway accessibility, environmental constraints, projected utility capability, and rural character should be accommodated.

To stimulate the local economy. The Township has a history of integrating limited commercial and light-industrial land uses into the rural character of the area. Therefore, controlled nonresidential and nonagricultural land uses, including the reasonable development of minerals, shall be permitted in appropriate areas, which will support agriculture and the local economy.

To prevent damage and loss of life from flooding, water pollution (both surface and subsurface), and other dangers. The Township contains floodplains, areas of steep slopes, areas of contaminated groundwater, and other current or potential areas of environmental hazards. The policy of the Township is to correct these problems and prevent further environmental degradation, when reasonably possible.

To preserve property values. The value of property should be conserved and be protected from diminution caused by environmental degradation, pollution, inappropriate adjacent land uses, etc.

To protect and preserve historic resources. Conestoga Township contains a number of irreplaceable structures that reflect its heritage. It is the purpose of this chapter to encourage their preservation.