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Foster Township City Zoning Code

ARTICLE I

General Provisions

§ 255-101 Title.

This chapter shall be known and may be cited as "The Foster Township Zoning Ordinance of 2015."

§ 255-102 Purpose.

This chapter is enacted to accomplish the purposes enumerated in Section 604 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] which includes the following:
A. 
To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, emergency management preparedness, airports and national defense facilities, the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, water, sewage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; as well as preservation of natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
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 preserve prime agriculture and farmland considering topography, soil type and classification, and present use.
D. 
To provide for the use of land within the Township for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multifamily dwellings in various arrangements, mobile homes and mobile home parks; provided, however, that this chapter shall not be deemed invalid for the failure to provide any other specified dwelling type.
E. 
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
[1]
Editor's Note: See 53 P.S. § 10604.

§ 255-103 Community objectives.

The enactment of this chapter is intended to promote the public health, safety, morals, and welfare of the present and future residents of the Township by providing Foster Township with procedures which will assist in directing growth and development in accordance with stated goals and objectives of the Foster Township Comprehensive Plan, as amended.

§ 255-104 Severability.

If any article, section, subsection, paragraph sentence or phrase of this chapter is for any reason declared to be invalid, illegal or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of this chapter as a whole or any other part thereof.

§ 255-105 Repealer.

The Foster Township Zoning Ordinance of 1989, as amended, is hereby repealed. All other ordinances, or parts thereof, which are inconsistent or in conflict with this chapter are also hereby repealed to the extent of any inconsistency or conflict.

§ 255-106 Procedural defect.

Any allegation that this chapter or any amendment thereto has been enacted in a procedurally defective manner shall be appealed as provided by state law and must be filed no more than 30 days after the intended effective date of this chapter or any amendment thereto.

§ 255-107 Effective date.

This chapter shall become effective immediately upon its date of enactment as set forth in § 255-108 below.

§ 255-108 Enactment.

The Board of Supervisors of Foster Township, Luzerne County, Pennsylvania, by the authority of and pursuant to the provisions of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended,[1] does hereby enact and ordain into an ordinance the Foster Township Zoning Ordinance of 2015 this 28th day of December, 2015.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.