Solebury Township City Zoning Code
PART 1
PREAMBLE
§ 27-101 Short Title.
[Ord. 94, 6/8/1988, § 100]
This chapter shall be known as and may be cited as the "Solebury Township Zoning Ordinance of 1988," as amended.
§ 27-102 Applicability.
[Ord. 94, 6/8/1988, § 101]
No building or other structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless in conformity with the regulations of this chapter. However, this chapter shall not require any change to any building, structure or use legally existing at the effective date of this chapter; duly approved and/or under construction in compliance with existing laws prior to the effective date of this chapter; or reconstructed or resumed within one year following a fire, earthquake or natural disaster.
§ 27-103 Purpose.
[Ord. 94, 6/8/1988, § 102; as amended by Ord. 138, 5/26/1992, §§ 1–3]
1.
This chapter is enacted for the following purposes:
A.
To promote, protect and facilitate: the public health, safety, morals, general welfare; coordinated and practical community development; proper density of population; emergency management preparedness and operations; provision of adequate light and air; public requirements such as vehicle parking and loading space, transportation, sewage, water, recreational facilities, and public grounds; the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use; and the preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
B.
To 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.
To preserve prime agricultural land and farmland considering topography, soil type and classification and present use.
D.
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, while considering the limitations to land use relative to: suitability for on-lot sewer and water systems; public sewer and water systems; accessibility from roads which can safely accommodate proposed traffic; and the natural constraints to development posed by wetland, floodplains, steep slopes, carbonate geology, faults, and other sensitive and vulnerable resources.
§ 27-104 Interpretation.
[Ord. 94, 6/8/1988, § 103; as amended by Ord. 138, 5/26/1992, § 4; and by Ord. 153, 5/3/1994, § 1]
1.
The provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare, present and future, of the residents of the Township. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provision of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall be controlling.
2.
To implement the purposes set forth in § 27-103, the Comprehensive Plan has been formulated. In accordance with the community development objectives of the Comprehensive Plan, the interpretation of chapter provisions should be made with a view toward the following:
A.
Providing methods to implement Article I, § 27, of the Constitution of the Commonwealth of Pennsylvania, which decrees that the people have a right of clean air, pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment and to protect natural resources which are a part of the ecological system to which we are all bound, and therefore are the common property of all the people, including generations yet to come, and must be protected to insure the health, safety and welfare of all the people.
B.
Encouraging the maintenance of existing resources and facilities within the Township through the protection, preservation, conservation and/or rehabilitation of existing land, water resources, sensitive natural features, structures and facilities.
C.
Instilling order in the growth and development of the Township by regulating the intensity and location of development in accordance with environmental and land use compatibility and the availability of existing utilities, community facilities and services.
D.
Preserving environmental resources through the sensitive use and treatment of land, water, air, flora and fauna.
E.
Protecting physical and biological resources associated with streams, floodplains, wetlands, areas of steep and very steep slope, woodland and other related resources.
F.
Regulating development intensity on individual tracts as required to ensure that sewage disposal will be accomplished on an individual "on-lot" basis to promote groundwater recharge, except in those areas designated by the Township Act 537 Plan to utilize public water supply and sewage disposal systems.
G.
Controlling the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts.
H.
Encouraging the maintenance and preservation of prime agricultural land, historic resources, and the amenities of light and air, recreation and visual enjoyment.
I.
Promoting energy conservation.
J.
Providing a variety of housing types and intensities, compatible and harmonious with available road access, utilities and infrastructure.
K.
Promoting creative versus conventional development by: preserving natural resources through the open space option concept; providing for meaningful open space within residential developments; and continuing the village planning concept to preserve the character of existing villages and to create an opportunity for new villages.
L.
Encouraging the maintenance, enhancement and/or rehabilitation of existing neighborhoods and dwellings.
M.
Encouraging commercial uses which serve neighborhood and community needs, and professional and other office uses.
N.
Providing institutional uses for various educational, cultural, community service and recreational pursuits.
O.
Providing a safe and efficient road system.
P.
Promoting the maintenance, development and/or restoration of circulation systems for walking, hiking, horseback riding, bicycling and the like.
Q.
Encouraging the maintenance of existing community facilities and services to address education, safety, health and leisure needs; and, promoting the provision of services to meet recreational, fire protection, police protection, and other safety and other emergency protection needs.
R.
Encouraging the maintenance and conservation of existing utility systems to service present users.
3.
Insofar as such community development, objectives are consistent with the purpose set forth in § 27-103 and with the aforesaid minimum requirements therefore, the provisions of this chapter shall be interpreted, administered and applied in such manner as will facilitate attainment of the said objectives.
4.
Nothing contained in this chapter shall be interpreted or construed to permit discrimination against any person who is protected from discrimination under federal or state law. As to those persons protected from discrimination on the basis of disability or handicap, as those terms are defined by state and federal law, the Township and the Zoning Hearing Board are hereby authorized to make reasonable accommodation in the interpretation, application and enforcement of the provisions of this chapter and any rules, policies, practices or services implemented in conjunction therewith when such accommodation may be necessary to afford such persons equal opportunity to use and enjoy a dwelling.
[Added by Ord. No. 2019-002, 1/15/2019]