Maidencreek Township
City Zoning Code
City Zoning Code
ARTICLE I
Title, Application, and Purpose
§ 220-1 Title; short title.
A.
Title: "an ordinance establishing regulations and restrictions for the location and use of lots, land, buildings, and other structures; the height, number of stories, and size or bulk of buildings and structures; the density of population; and off-street parking and similar accessory regulations for the Township of Maidencreek, Berks County, Pennsylvania, and for said purposes dividing the Township into districts and prescribing certain uniform regulations for each district, and providing for administrative enforcement and amendment of its provisions in accordance with the Pennsylvania Municipalities Planning Code, as amended."
B.
Short title. This chapter shall be known as and may be cited as the "Maidencreek Township Zoning Ordinance of 2017, as amended."
§ 220-2 Application.
Except as hereinafter provided, no building, structure, land, or parts thereof in Maidencreek Township shall be used, occupied, erected, constructed, assembled, moved, enlarged, removed, reconstructed, or structurally altered unless in conformity with the provisions of this chapter.
§ 220-3 Purpose.
A.
Community development objectives. This Zoning chapter, including the provisions, requirements, and districts as hereinafter set forth, is based upon and intended to give effect to the policies and objectives set forth in the Fleetwood — Maidencreek — Richmond Joint Comprehensive Plan and is intended to promote the public health, safety, and general welfare by achieving the following purposes and objectives for the development of Maidencreek Township:
(1)
To encourage an appropriate pattern for future development which recognizes and accommodates environmental conditions, both man-made and natural.
(2)
To better define the role of Maidencreek Township within the context of the suburban Reading area.
(3)
To encourage development that will, by virtue of internal design or relation with existing developed areas, permit the efficient distribution of community services, thereby supporting the municipal goal of providing high-quality municipal services at the least possible cost to the taxpayer.
B.
Purposes legislated by Pennsylvania Municipalities Planning Code, as amended. The provisions of this chapter are designed to achieve the following purposes:
(1)
To promote, protect, and facilitate the public health, safety, morals, and the general welfare; coordinated and practical community development and proper density of population; access to incident solar energy and adequate light and air; availability of water supply, sewage disposal capacity, and vehicle parking and loading space; and an adequate supply of recreational facilities for public use.
(2)
To preserve the natural, scenic, and historic values in the environment, preserving forests, wetlands, aquifers, and floodplains.
(3)
To prevent overcrowding of land; blight; danger, and congestion in travel and transportation; and the loss of health, life, or property from fire, flood, panic, or other dangers.
(4)
To preserve prime agricultural and farm land considering topography, soil type, soil classification, and present use.
(5)
To provide for the residential use of land within the Township within housing units of various dwelling types, encompassing all basic forms of housing.
(6)
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.
§ 220-4 Interpretation.
A.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, and general welfare of the residents and occupants of the Township.
B.
Where this chapter imposes greater restrictions than those of any other Township statute, ordinance or regulation, the provisions of this chapter shall be complied with. Where the provisions of any other Township statute, ordinance, or regulation impose greater restrictions than this chapter, the provisions of such other Township statute, ordinance, or regulation shall be complied with unless otherwise stated in this chapter.
§ 220-5 Public utility corporations exempt.
This chapter shall not apply to any existing or proposed building or extension thereof that is used or proposed to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is necessary for the public welfare or convenience.
§ 220-6 Severability, conflict and repealer.
A.
Should any article, section, subsection, paragraph, clause, phrase or provision of this chapter be declared by court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
B.
It is not the intent of this chapter to interfere with, abrogate, or annul any rules or regulations previously issued by the Township, provided the same are not in conflict with any provision of this chapter, nor is it the intent of this chapter to interfere with, abrogate, or annul any easement, covenant, building restriction, or any other agreement between or among private parties.
C.
All ordinances, resolutions, regulations, or any parts of such which are inconsistent with the regulations of this chapter are hereby repealed to the extent of such inconsistency.
§ 220-7 Warning and disclaimer.
This chapter shall not create liability on the part of Maidencreek Township or on any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made pursuant to the provisions hereof.