This chapter shall be known as the "Harborcreek Township Zoning Ordinance."

The accompanying map is a part of this chapter and shall be known as the "Harborcreek Township Zoning Map." The official map for administrative purposes is on record at the Township building, office of the Zoning Administrator, and/or Township Secretary.

The regulations of the Zoning Ordinance are made in accordance with the Township's comprehensive plan and designed:

Such regulations are also made with consideration to the character of the districts set forth and their suitability for particular uses and encouraging the most appropriate use of land throughout the Township.

The height and size of buildings and other structures.

The percentage of the lot that may be occupied.

The size of yards, courts, and other open spaces.

The density of population.

The location and use of buildings, structures and land for trade, industry, residence or other purposes.

The establishment of building lines upon any or all public roads or highways.

The amount, location and size of parking and loading facilities required for business, industry, residence or other purposes.

Establishment of standards for development and the review and approval processes for same.

Any other issues covered or included within Article VI of the Municipalities Planning Code (MPC), 53 P.S. § 10601 et seq.

In applying the provisions of the Zoning Ordinance, they shall be held to the minimum requirements as they shall apply to the use and/or occupancy of all buildings, other structures, and/or lots. Where the Zoning Ordinance imposes greater restrictions than those of any statute, other ordinance or regulation, the provisions of the Zoning Ordinance shall govern. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than the Zoning Ordinance, those shall govern.

The Zoning Ordinance is not intended to interfere with any covenant or other agreement between private parties. However, where the Zoning Ordinance imposes greater restrictions than those imposed by any such easement, covenant or agreement, the provisions of the Zoning Ordinance shall govern. Where any such easement, covenant or other agreement imposes greater restrictions than those imposed by the Zoning Ordinance, those shall govern.

This chapter is enacted to protect and promote the public health and general welfare. Accordingly, it is and is hereby declared to be the intent of the Township Board of Supervisors that no private rights of any kind or nature shall be created by this chapter or any permit issued hereunder. The issuance of any such permit is not to be relied upon by the applicant or any other person as a finding that the work and method or manner of performing the same complies with all applicable safety standards, laws, rules, codes and regulations governing same, nor shall such approval be relied upon for any other reason whatsoever, except as expressly set forth in this chapter. A permit issued as required by this chapter is not intended and shall not, in any manner, be construed or held to be an approval, guarantee, warranty or representation of any kind on the part of the Township, or any officer, agent or employee thereof, concerning the efficiency, adequacy, suitability and safety of that which is authorized by said permit.

This chapter shall not create any liability to any person on the part of the Township, or any officer, agent or employee thereof, for any and all injuries and damages that may result from reliance on this chapter or any permit issued or decision made hereunder.

This chapter and the Harborcreek Township zoning map are intended to promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements as well as prevent the overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.

The specific objectives upon which the comprehensive plan and this chapter have been based include the following:

The goals established and adopted in the Harborcreek Township comprehensive plan are incorporated herein by reference and may be utilized by the Township in making decisions to the extent permitted by the Pennsylvania Municipalities Planning Code.[1]

The provisions of this chapter shall be construed and interpreted to constitute the minimum requirements for the promotion of public health, safety and welfare.

Where this chapter imposes greater restrictions upon the use of a building or land, upon the height, bulk or size of a building or structure, coverage of lots or requires larger open spaces than is required by other ordinances, regulations or permits or by easements or agreements, the provisions of this chapter shall govern.

Where any other Harborcreek ordinance, rule, regulation, permit, easement, covenant or agreement imposes greater restrictions than those set forth in this chapter, such other restrictions shall govern.

Specific standards governing construction are established in the Uniform Construction Code as adopted by ordinance of the Township and shall govern actual construction, this chapter is to govern administration and the submission of and action on applications for zoning permits and certificates.

The titles of this chapter are placed herein for convenience only and shall not be construed or interpreted as limiting the subject matter following the said titles.

If any article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, or word in the Zoning Ordinance or the zoning district boundaries as shown on the zoning map shall, for any reason, be declared to be illegal, unconstitutional, or invalid by any court of competent jurisdiction, such decision shall not affect or impair the validity of the Zoning Ordinance as a whole or any of the remaining articles, sections, subsections, provisions, regulations, limitations, restrictions, sentences, clauses, phrases, words, or remaining portions of the Zoning Ordinance. The remaining portions of the ordinance shall remain in effect as though the part or section declared unconstitutional or invalid was never a part thereof.

The Township Supervisors hereby declare that it would have adopted the Zoning Ordinance and each article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, and word thereof, and each zoning district boundary of the zoning map, irrespective of the fact that any one or more of the sections, subsections, provisions, regulations, limitations, restrictions, sentences, clauses, phrases, words, or boundaries may be declared illegal, unconstitutional, or invalid.