Hemlock Township City Zoning Code
PART 1
TITLE, AUTHORITY, AND PURPOSE
§ 27-101 Short Title.
[Ord. No. 8-9-2005, 8/9/2005, § 100]
This chapter shall be known and be cited as the "Hemlock Township Zoning Ordinance of 2005" and is intended to serve as a comprehensive amendment of the Hemlock Township Zoning Ordinance enacted and ordained by the Township Board of Supervisors on May 23, 1988.
§ 27-102 Authority.
[Ord. No. 8-9-2005, 8/9/2005, § 101]
1.
The Pennsylvania Municipalities Planning Code, P.L. 1329, Act 170, as reenacted December 21, 1988, and as subsequently amended, 53 P.S. § 10101 et seq., provides that the Supervisors of Hemlock Township may implement Comprehensive Plans or accomplish any of the purposes of the Planning Code by enacting a zoning ordinance.
2.
The Supervisors of Hemlock Township, Columbia County, Pennsylvania, under the authority cited above, do hereby ordain that this chapter was enacted in order to promote and protect the health, safety, morals, and general welfare of the residents of the Township.
§ 27-103 General Purposes.
[Ord. No. 8-9-2005, 8/9/2005, § 102]
1.
The zoning regulations and districts herein set forth were developed in accordance with an overall program for the Township, with consideration being given to the character of the area, the municipality's various parts, and the suitability of the various parts for particular uses and structures. As such, the regulations were designed to:
A.
Promote, protect and facilitate:
(1)
The public health, safety, morals, and the general welfare.
(2)
Coordinated and practical community development; and proper density of population.
(3)
Emergency management preparedness and operations, airports and national defense facilities.
(4)
The provision of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, water, sewerage, 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.
(5)
Preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
B.
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.
C.
Preserve prime agriculture and farmland considering topography, soil type and classification, and present use.
D.
Provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing.
E.
Accommodate reasonable overall community growth and provide opportunities for development of a variety of residential dwelling types and nonresidential uses.
F.
Facilitate appropriate development of the Township, protect the tax base, and encourage economy in public expenditures.
§ 27-104 Community Development Objectives.
[Ord. No. 8-9-2005, 8/9/2005, § 103]
1.
This chapter provides a legal basis and framework for future development in Hemlock Township. Its provisions were guided by the future growth management strategies set forth in the Township's General Development Goals and Objectives, dated February, 2004. The following list of goal statements represent the Township's findings with respect to land use; density of population; the need for housing, commerce and industry; the location and function of streets and other community facilities and utilities; the need for preserving agricultural land and protecting natural resources, and other factors which the Board believes relevant in guiding the future development of the municipality.
A.
Goal. Preserve the peaceful, semi-rural environment and exceptional quality of life in Hemlock Township for future generations.
B.
Goal. Consider the physical capabilities and limitations of the Township's land and its environment in the development of municipal land use policies and regulations.
C.
Goal. Protect the Township's natural environment, its physical features, and its natural resources.
D.
Goal. Support the continuation of varied agricultural activities within the Township.
E.
Goal. Understand, respect, and protect the region's heritage in all Township policies and initiatives.
F.
Goal. Guide and direct future development types and densities to the most appropriate and best-suited locations.
G.
Goal. Identify appropriate locations for and support the growth of commercial and industrial activities in the Township.
H.
Goal. Support the continued availability of efficient, economical public utilities, community facilities, and municipal services for Township residents.
I.
Goal. Maintain safe residential environments throughout the Township and support the provision of a variety of housing types and styles for municipal residents of all ages, family size, and income levels.
J.
Goal. Maintain an efficient, safe transportation network throughout the Township.
K.
Goal. Use the general development goals and objectives as a guide for making land use decisions and as a base for evaluating proposed actions which could affect the physical development of Hemlock Township.
L.
Goal. Coordinate local and regional planning efforts to maximize the effectiveness of public sector investments; to provide for orderly growth; and to foster a pleasant, safe living environment.
§ 27-105 Disclaimer of Municipal Liability.
[Ord. No. 8-9-2005, 8/9/2005, § 104]
This chapter is not intended to create nor assume liability on the part of Hemlock Township or any officer or employee thereof for any fire, flood, or other damage that may result from reliance on this chapter or from any administrative decisions lawfully made thereunder. These regulations shall not guarantee a specific level of protection for any construction. The applicant shall in all cases rely on accepted engineering methods or building practices when designing or constructing structures approved pursuant to these regulations. Furthermore, issuance of a zoning permit shall not constitute a representation, guarantee, or warranty of any kind by the Township as to the accuracy of information provided by the applicant as part of a permit application.
§ 27-106 Conflict With Other Laws.
[Ord. No. 8-9-2005, 8/9/2005, § 105]
The provisions of this chapter shall be held to be minimum requirements to meet the purposes stated herein. Where the provisions of this chapter impose greater restriction than those of any other statute, ordinance, or regulation, the provisions of this chapter shall prevail, except as may be otherwise provided by such statute, ordinance, or regulation. Where however, the provisions of any other statute, ordinance, or regulation impose greater restriction than those of this chapter, the provisions of such statute, ordinance, or regulation shall prevail. (See also § 27-1401.)