Kelly Township City Zoning Code
PART 1
TITLE, AUTHORITY, AND PURPOSE
§ 27-100 Short Title.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
This chapter shall be known and be cited as the "Kelly Township Zoning Ordinance of 1997." The provisions of this chapter represent a set of comprehensive revisions for the Kelly Township Zoning Ordinance, originally enacted on March 1, 1968, and its subsequent amendments.
§ 27-101 Authority.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
Section 601 of the PA Municipalities Planning Code (P.L. 1329, Act 170, as reenacted December 21, 1988, and as subsequently amended)[1] provides that the Supervisors of Kelly Township may implement Comprehensive Plans or accomplish any of the purposes of the Planning Code by enacting a zoning ordinance.
[1]
Editor's Note: See 53 P.S. § 10601.
2.
The Supervisors of Kelly Township, Union County, PA, 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.
§ 27-102 General Purposes.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
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 the public health, safety, morals, and the general welfare; coordinated and practical community development; and proper density of population; emergency management preparedness and operations, airports and national defense facilities; 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; as well as 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; and
F.
Facilitate appropriate development of the Township, protect the tax base, and encourage economy in public expenditures.
§ 27-103 Community Development Objectives.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
This chapter provides a legal basis and framework for future development in Kelly Township. Its provisions were guided by the policy recommendations set forth in the Township's 1992 Comprehensive Plan Update Report, adopted by resolution of the Township Board of Supervisors on May 3, 1994. The following list of objectives represent the Township's legislative 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.
Development densities and locations should be controlled in order to prevent overcrowding of certain areas of the Township and to help maintain the integrity and character of the community's different segments. The peaceful, semi-rural and rural environments, scenic qualities, and overall "quality of life" in the Township should be preserved for future generations.
B.
Land use policies and regulations should encourage development to locate in the most appropriate areas of the Township. Development should be required to respect the physical capabilities and limitations of the area, its environment, and its natural resources.
C.
Environmentally-sensitive areas (including wetlands, floodplains, poor soil areas, etc.) and fragile resource areas (including aquifer recharge areas) should be utilized only in ways which will not create nor increase problems for the Township, its residents, or surrounding municipalities.
D.
Agricultural activities within the Township should be encouraged to continue where possible. Prime farmland should be preserved for agricultural use and agricultural production should be recognized as a viable, necessary economic activity.
E.
Suitable, safe residential environments should be maintained and a variety of housing types and styles should be available for Township residents of all ages, family size, and income levels.
F.
Adequate, accessible public facilities, services, and utilities should be available for all Township residents at a reasonable cost. Programs aimed at protecting and improving the lives of Township residents should be promoted and supported. Growth should be encouraged to locate where such services can be most economically provided.
G.
An adequate, safe transportation network should be provided and maintained to move people and goods throughout the Township. New developments should be located and designed to maintain the integrity of the existing street system and minimize potential safety hazards for all users.
H.
Existing commercial, industrial, and institutional uses and activities should be maintained and new nonresidential, environmentally-responsible ventures should be promoted and encouraged to locate in the Township as a means of enhancing the local economy and providing additional employment opportunities. Such uses should however, be situated only in areas designated for such activities to avoid creating conflicts between non-compatible land uses.
I.
The Township and region's historical and cultural heritage should be understood, respected and protected by all Township policies and initiatives.
J.
Local and regional planning efforts and public sector expenditures should be coordinated to help maximize the effectiveness of such investments, to provide for orderly growth and development, and to foster pleasant, safe living environments throughout the area.
§ 27-104 Disclaimer of Municipal Liability.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
This chapter is not intended to create nor assume liability on the part of Kelly 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 there under. 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.
§ 27-105 Pennsylvania Municipalities Planning Code.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
This chapter is prepared and adopted in accordance with the provisions of the Pennsylvania Municipalities Planning Code (Code)[1] and it is the intent that all provisions hereof be in accordance with the Code. Should there be a conflict or difference between the provisions of this chapter, as amended from time to time, and the provisions of the Code, as amended from time to time, the provision of the Code shall prevail.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.