Harmar Township City Zoning Code
PART 1
PRELIMINARY PROVISIONS
§ 27-101 Short Title, Authority and Scope of Chapter.
[Ord. 331, 11/17/1999, § 1.100]
1.
This chapter and attached Zoning Map shall be known as, and may be cited as, the "Harmar Township Zoning Ordinance of 1999."
2.
The authority of the Township to enact and apply zoning regulations comes from the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 and Act 165 of 1996, 53 P.S. § 10101 et seq., and as may be further amended from time to time in the future.
3.
This chapter:
A.
Regulates the location and use of buildings and land for residence, commerce, business and institutions.
B.
Specifies the minimum size of properties, and the height and placement of buildings and other structures on their lots.
C.
Divides the Township into zone districts of such size, shape, area and interrelationship as to provide the most harmonious and mutually compatible arrangement to serve the public interest.
D.
Establishes concise and timely procedures for the administration, enforcement and amendment of this chapter.
§ 27-102 Interpretation.
[Ord. 331, 11/17/1999, § 1.200]
1.
The regulations contained in this chapter shall be held to be the minimum required to uphold the public health, safety, morals and general welfare.
2.
The language of this chapter shall be interpreted, where doubt exists as to the intended meaning as written and enacted, in favor of the property owner or applicant and against any implied extension of a restriction.
§ 27-103 Purposes of the Chapter.
[Ord. 331, 11/17/1999, § 1.300]
1.
The provisions of this chapter are deemed necessary to:
A.
Uphold the public health, safety, morals and general welfare.
B.
Promote orderly development by protecting the character and maintaining the stability of residential and business areas.
C.
Conserve property values through the most appropriate and efficient uses of land and arrangement of zone districts.
D.
Prevent overcrowded and blighting conditions, encroachment into floodplains, and congestion and dangerous conditions on streets.
E.
Encourage provision and efficient placement of community services such as sanitary sewer, water and storm drainage systems, schools, recreation parks, off-street parking and business servicing.
F.
Establish reasonable open spaces on each lot consistent with the land use to allow the passage of light and air and prevent the spread of fire.
G.
Prevent incompatible uses from intermingling with the predominant uses in a zone district and encourage the gradual voluntary phasing out of nonconforming uses.
H.
Safeguard steep hillsides, floodplains and wetlands from encroachment of development.
§ 27-104 Community Development Objectives.
[Ord. 331, 11/17/1999, § 1.400]
1.
In addition to the general purposes which are the foundation of this chapter (§ 27-103, above), the following specific community development objectives are the basis for designing the contents of this chapter. These objectives were identified in the 1997 Updated Harmar Township Master Plan, with respect to land use relationships, density of population, commercial and business requirements and an adequate and efficient arrangement of streets and public utilities.
A.
The current character of the Township should be maintained. That character can be described by steep, wooded slopes, narrow valleys and high plateaus, communities of small house lots, with the natural setting providing a clear separation between residential and business activity.
B.
The supply of housing is generally older, modest in size and well maintained. Property maintenance should be encouraged and housing protected from encroachment by other uses. Dilapidated housing should be removed and new housing encouraged to fill vacant lots and on plateau locations.
C.
A variety of housing should be available, including single-family dwellings, mobile homes, townhouses, garden apartments, group homes and retirement communities.
D.
Natural barriers often provide strong separations between conflicting uses. This policy should continue and intrusions across such barriers should be discouraged.
E.
A strong business community has been established along Freeport Road the length of the Township, part small properties serving neighborhood needs and part regional commercial on large properties dominated by parking and catering to the regional and traveling public. While the nature of the road network suggests that commercial development will be centered in the Freeport Road corridor, additional commercial growth can be accommodated along Route 910, where substantial earth movement, highway renovation and drainage relocation will be necessary, and along Russellton Road (Little Deer Creek Road) for the neighborhood needs of the Harmar Heights area.
F.
Each new development should have safe access to the highway network, as well as adequate off-street parking, interior circulation and stormwater control. Each new major development should be prepared to submit traffic impact and mitigation studies to assure that the highway system can carry the increased load, or if not, that improvements provided by the developer will overcome any deficiencies.
G.
Environmental values should be protected particularly floodplains, riverside wetland areas and steep slopes.
§ 27-105 Conflict and Severability.
[Ord. 331, 11/17/1999, § 1.500]
1.
Conflict. Where conflicts exist between this chapter and other regulations of the Township, or of a higher level of government, or with legal restrictive covenants applied by landowners to the development of their property, the chapter, regulation or covenant establishing the highest standard shall prevail. All ordinances or parts thereof in conflict with this chapter, inconsistent with its provisions, or less restrictive are hereby overridden to the extent necessary to give this chapter full force and effect. This section shall not imply that the Township has any power to enforce restrictive covenants. However, any restrictive covenant provisions that are less restrictive than the corresponding provisions of this chapter shall be superseded by this chapter.
2.
Severability. If any section, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a competent court of law, such decision shall not affect the validity and constitutionality of the remainder of this chapter, which shall remain in full force and effect. The various provisions of this chapter are severable and are hereby declared to stand alone under constitutional scrutiny.
§ 27-106 Municipal Liability.
[Ord. 331, 11/17/1999, § 1.600]
The grant of a building permit to undertake a land development in accordance with the terms of this chapter shall not constitute a representation, guarantee or warranty of any kind by the Township or by any of its officials or employees concerning the practicality, safety, or economic success of the use, building or structure covered by the permit, and shall create no liability upon the Township, its officials or employees.
§ 27-107 Duties of Public Officials Under the Terms of This Chapter.
[Ord. 331, 11/17/1999, § 1.700]
1.
While the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., may, from time to time, in the future assign new duties to local officials or withdraw and reassign duties, the lists below represent the current (1997) assignments stipulated in the Code:
A.
The Board of Supervisors shall be responsible for:
(1)
Convening public hearings to take testimony on amendments of this chapter and conditional uses.
(2)
Appointing the members of the Planning Commission and of the Zoning Hearing Board and the Zoning Officer; making appointments to fill unexpired terms of members who have resigned, or to fill vacancies, or reappoint members at the end of expired terms; removing members of the Zoning Hearing Board or Planning Commission after investigation and positive findings of malfeasance, misfeasance and nonfeasance while in office.
(3)
Deciding applications for conditional uses after receiving Planning Commission recommendations and holding public hearings.
(4)
Referring amendment requests for review and comment to the Planning Commission and County Planning Commission before public hearing and decision.
(5)
Deciding proposals to continue, restore or change nonconforming uses, when time limitations are expiring, after receiving Planning Commission recommendations.
B.
The Planning Commission shall be responsible for:
(1)
Initiating proposed amendments to this chapter or reviewing proposals made by citizen petition or by the Board of Supervisors, and providing recommendations on each such amendment proposal to the Board.
(2)
Reviewing requests for conditional uses and referring each proposal to the Board of Supervisors with comments.
(3)
Reviewing proposals to continue, restore or change nonconforming uses, when time limitations are expiring, and recommending action to the Board of Supervisors.
(4)
Examining proposed land subdivisions and land developments relative to conformance with the terms of this chapter, and approving or denying such proposals, with or without conditions attached to approval.
(5)
Periodically reviewing this chapter text and map to determine if they remain relevant to development trends and planning concerns that are current.
C.
The Zoning Hearing Board shall be responsible for:
(1)
Calling and holding public hearings in a timely manner to take testimony on all matters brought before it, and arranging for preparation of a stenographic record of each hearing.
(2)
Evaluating testimony and making a decision on each contested issue, commencing and concluding each matter within the mandated time constraints.
(3)
Communicating decisions to applicants in a timely manner.
(4)
Hearing and deciding appeals from decisions of the Zoning Officer.
(5)
Hearing and deciding substantive challenges to the validity of this chapter or any parts thereof.
(6)
Hearing and deciding requests for variances from strict application of the terms of this chapter because an alleged hardship to the applicant exists.
(7)
Hearing and deciding requests for modifications of the Township flood hazard area regulations as they affect specific properties.
D.
The Zoning Officer shall be responsible for:
(1)
Administering this chapter in accordance with its literal terms, without judgments that might slant meanings.
(2)
Issuing building and occupancy permits after assurance that the permitted development is fully in accordance with the requirements of this chapter, and then following up to make certain that construction and use of building and land concurs with the permit.
(3)
Making initial determinations on transfer of ownership of nonconforming uses.
(4)
Defending his/her actions, if challenged, before the Zoning Hearing Board or in court.
(5)
Providing information to the public on this chapter, keeping records of his/her actions, and providing periodic reports to the Board of Supervisors.