Forks Township City Zoning Code
ARTICLE I
General Provisions
§ 200-1 Title.
A Zoning Ordinance regulating the location, height, volume, erection, construction, alteration, razing and size of structures; the percentage of lot which may be occupied, the size of yards, courts, and other open spaces; the density and distribution of population; the intensity of use of land or bodies of water for trade, industry, residence, recreation, public activities or other purposes, and the uses of land for agriculture, water supply, conservation, soil conservation, forestry, significant wildlife and aquatic habitat, or other purposes; and providing for the administration, enforcement, and amendment of this chapter in accordance with the provisions of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 200-2 Short title.
This chapter shall be known as and may be cited as the "Forks Township Zoning Ordinance" of 2013.
§ 200-3 Purpose.
The purposes of this chapter are to promote, protect and facilitate the public health, safety, and the general welfare by:
A.
Providing standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts; to protect the people's right to clean air, pure water, and the natural scenic, historic, and aesthetic values of the environment; and to protect natural resources which are part of the ecological system to which we are all bound, and therefore are the common property of all the people, including generations yet to come, and must be protected to insure the health, safety, and welfare of all the people.
B.
Giving effect to the community objectives, policies and proposals of the Forks Township Comprehensive Plan of 2010, as amended, and incorporated therein as the Comprehensive Plan required by Section 606 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10606.
C.
Securing safety from fire, panic, flood, and other dangers.
D.
Providing adequate light and air.
E.
Controlling and regulating the growth of the area, concentrating development in areas where adequate sewage, roads and schools can be provided and limiting development in areas where these facilities cannot be provided.
G.
Promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and conserve adequate provisions for transportation, water flow, water supply, drainage, sanitation, schools, parks, and other public facilities; educational opportunities, recreation, soil fertility, and food supply.
H.
Lessening the danger and congestion of traffic on the roads and highways and reducing excessive numbers of roads.
I.
Protecting the tax base.
J.
Securing economy in governmental expenditures.
K.
Fostering agricultural and other industries; to preserve prime agricultural and farmland considering topography, soil type and classification, and present use.
L.
Protecting both urban and nonurban development through the use of a development district for urban uses and rural residential and resource protection districts for nonurban development.
N.
Accommodating reasonable overall community growth including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
O.
Serving the goals and objective of the Comprehensive Plan for Lehigh Valley Planning Commission.
P.
Achieving a balance in business versus residential land uses, by encouraging business development in appropriate areas.
Q.
Making sure that new development includes proper conservation of important natural features, such as the Bushkill Creek and Delaware River corridors.
R.
Recognizing the limited capacity of the road system and the extreme difficulties in making all of the needed road improvements.
S.
Providing for compatibility between different types of development.
§ 200-4 Interpretation of provisions.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public, health, safety, comfort, convenience, and general welfare.
A.
Whenever any regulations made under authority of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings, or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under authority of this chapter shall govern.
B.
Whenever the provisions of any other statute require a greater width of size of yards, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by and regulations made under authority of this chapter, the provisions of such statute shall govern.
C.
This chapter does not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
§ 200-5 Severability.
It is hereby declared to be the intent of the Board of Supervisors that:
A.
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
B.
If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any lot, building or other structure, or tract of land, to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be affected.