Unity Township City Zoning Code
ARTICLE I
General Provisions
§ 118-1 Title.
This chapter shall be known and cited as the "Unity Township Zoning Ordinance."
§ 118-2 Purpose and community development objectives.
A.
The community development objectives which are the basis for the provisions of this chapter are set forth in the Comprehensive Plan as adopted and amended by the Supervisors. In addition to the Comprehensive Plan, the following is a supplementary statement of the purpose and intent of the Unity Township Planning Code. The objectives are adopted as a statement of legislative findings and may be used in evaluating any proposed additions or deletions to the Unity Township Planning Code.
B.
The general objective for the management of growth in Unity Township is to provide a pleasant, attractive, healthy, safe and convenient environment for living, working, education, shopping and recreation. This objective shall be pursued by the creation and implementation of land use plans to:
(1)
Preserve and improve the natural environment.
(2)
Increase property values, employment opportunities and the economic base of the community.
(3)
Provide for safe, adequate and attractive housing.
(4)
Obviate losses from flooding and minimize hazards which might result from the presence of the Westmoreland County Airport.
(5)
Provide the necessary infrastructure of utilities and vehicular and pedestrian transportation arteries.
(6)
Provide for recreational and community facilities.
(7)
Provide for ongoing community planning and growth management.
C.
The preservation and improvement of the environment shall be pursued by:
(1)
The elimination of visual and physical blight such as overhead utility lines, concentrations of signs of excessive size and proximity, large expanses of unbroken pavement and dilapidated structures.
(2)
The preservation of natural topography and woodlands, including the limiting of hillside development beyond a reasonable gradient, and the control of floodplains and watersheds.
(3)
The prevention of excess erosion, hazardous rock and soil slippage, sedimentation and other soil and water management problems.
(4)
The regulation and control of the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill.
(5)
The reclamation of derelict land.
(6)
The dedication and acquisition by the Township of natural open space and wooded slope land to link existing and proposed park sites and neighborhoods and to prevent ecological problems resulting from extensive cut and fill necessary to develop wooded slope lands.
D.
The increase of property values, employment opportunities and the economic base of the community shall be pursued by:
(1)
The promotion of balanced economic growth and employment opportunities.
(2)
The concentration of commercial and industrial uses in the areas where streets and utilities can provide the necessary services and where conflicts with other uses can be minimized through site design and transitional provisions.
E.
The provision of safe, adequate and attractive housing for the entire population of the community shall be pursued by:
(1)
Providing a wide range of housing density alternatives and a mix of housing types, correlating residential density and housing type with topography, environmental conditions and the capacity of and distance from existing and proposed utilities, streets and community facilities.
(2)
The removal of dilapidated housing, the rehabilitation of deteriorating housing, the maintenance of sound housing and the development of new housing.
(3)
The promotion of an attractive residential environment through the implementation of the other objectives set forth herein.
(4)
The provision of residential areas with adequate commercial, governmental, recreational and educational facilities.
(5)
The preservation of historical landmarks.
F.
The creation and implementation of land use plans shall seek to achieve the foregoing objectives and to:
(1)
Avoid incompatible land use if possible and protect against the detrimental effect of incompatible land uses through planting, open space and natural breaks in topography.
(2)
Concentrate development where possible to prevent sprawl, conserve open space and make full use of utilities and services.
(3)
Provide site plan control.
G.
The prevention of loss of life, disruption of commerce and governmental services, unnecessary expenditure of public funds for flood protection and relief and the related impairment of the tax base shall be pursued by:
(1)
Regulation of uses and development in floodplains which, acting alone or in combination with other uses and development may cause unacceptable increases in flood heights, velocities and frequencies.
(2)
Restricting and prohibiting certain uses, activities and development from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and developments that occur in floodplains to be protected and flood proofed against flooding and flood damage.
(4)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
H.
Providing necessary infrastructure for utilities and transportation arteries shall be pursued by:
(1)
The extension of the Township improvements of water lines, storm and sanitary sewers and roads and their improvement where economically feasible to guide and promote development.
(2)
The encouragement of public utilities to improve and extend services consistent with the objectives set forth herein.
(3)
Traffic planning and control which will provide safe, rapid and convenient movement of people and goods within and through the Township, with a separation of through and local traffic, provide for pedestrians and minimal disruption of existing and proposed development patterns and community integrity.
I.
Providing recreational and community facilities shall be pursued by:
(1)
The creation of outdoor and indoor recreational facilities to accommodate the existing and future population.
(2)
The promotion of schools and parks in close proximity to decrease duplication of services and to provide the greatest value for public expenditures.
(3)
The promotion of acquisition or dedication of natural open space for park and recreational purposes.
(4)
The provision of residential areas with adequate commercial, governmental, recreational and educational facilities.
(5)
The preservation of historical landmarks.
§ 118-3 Compliance required.
Full compliance with all the provisions of this chapter, and the lawful issuance of all permits required by this chapter, shall be required before:
A.
Any structure is located, erected, constructed, reconstructed, moved, altered, converted or enlarged or any structure or land is altered or used.
B.
The subdivision or land development of any lot, tract or parcel of land is made.
C.
Any street, sanitary sewer, storm sewer, water main or other improvements in connection therewith is laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon.
D.
Any lot, parcel or tract in a subdivision is sold, transferred, leased or otherwise conveyed.
E.
Any grading, excavation or fill is enlarged, altered or repaired.
F.
Any sign is erected or altered as specified herein.
§ 118-4 Permits required.
To ensure compliance with the provisions of this chapter, the following permits and plat approvals are required:
A.
A development permit shall be required before any person may construct, reconstruct, move, alter or enlarge any structure or building; or change the use of a structure or land to a different use; or change a nonconforming use or structure.
(1)
No development permit shall be issued for the construction of a structure in a subdivision, land development or planned residential development until the final plat has been approved by the Supervisors and has been recorded as required herein.
(2)
No development permit shall be issued for any use upon any lot, except a single-family home dwelling, until a site development plan has been submitted, reviewed and approved in accordance with the provisions of Chapter 104, Subdivision and Land Development, of the Code of the Township of Unity. No permit under this chapter shall be required for existing structures, where the structure is being altered without change in use category, or where new construction or additions to structures occurs without a change in the site.
B.
A development occupancy permit shall be required prior to the occupancy of land or structure or any portion thereof and to certify the validity of nonconforming uses or structures. Any use of property existing without a development occupancy permit shall not be deemed "lawfully existing."
C.
A sign permit shall be required before any person may hereafter erect or alter in any way any sign, except a nameplate or temporary real estate sign as specified herein.
D.
A grading permit shall be required, except for minor grading operations, before any person may grade, excavate or fill any land, improve a street or install any public utilities. No grading permit shall be issued for any subdivision, land development or planned residential development until the proposed development plan has received preliminary approval by the Supervisors.
E.
Every permit or permission granted hereunder shall become null and void if the work authorized has not been completed within one year from the date of issuance. If the activity for which the original permit was issued continues for more than one year, a new permit must be obtained. The permit may be renewed by the Code Enforcement Officer if there has been no change in applicable regulations and if such renewal is requested within one month of the date of expiration of such permit. If applicable regulations have been changed, the full review and approval procedure required by this chapter shall apply. No permit issued by authorization of the Board shall be renewed except by authority of the Board.
F.
Every permit shall be revocable if the Code Enforcement Officer determines that the applicant or occupant is not complying with every condition required by the issuance of said permit.
§ 118-5 Interpretation.
The provisions of this chapter shall be interpreted as the minimum requirements imposed for the protection of the health, safety, morals and general welfare of the Township.
§ 118-6 Disclaimer of liability.
Neither the issuance of a permit under the provisions of this chapter, nor compliance with its provisions, nor nonconformance with conditions required by any such permit shall relieve any person from liability for damage resulting from any development activity, nor attach any liability upon the Township for damages to persons or property. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 118-7 Repealer.
The provisions of the Code of Unity Township relating to zoning as set forth in Chapter 118 are hereby repealed. Only those provisions specifically identified herein as "preserved" shall survive adoption of this chapter.