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West Hazleton City Zoning Code

ARTICLE 1

General Provisions

§ 145-101 Title.

This chapter shall be known and may be cited as the Zoning Ordinance of the Township of Wright.

§ 145-102 Purpose.

This chapter is enacted to accomplish the purposes enumerated in § 604 of the Pennsylvania Municipalities Planning Code, Act 247, as amended. The provisions of this chapter are designed to achieve the following:
A. 
To promote, protect and facilitate one (1) or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements as well.
B. 
To prevent one (1) or more of the following: 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 agriculture and farmland considering topography, soil type and classification, and present use.

§ 145-103 Community Development Objectives.

[Amended 8-12-2013 by Ord. No. 236]
The enactment of this chapter is intended to provide Wright Township with procedures which will assist in directing growth and development in accordance with goals and objectives of the Township’s Comprehensive Plan of 1976 and the Comprehensive Plan Update of 1999, which include the following:
A. 
Basic Goal. The basic goal for planning in Wright Township is to make the community a better place in which to live, work, and enjoy one’s leisure time.
B. 
Economic Objectives. As an important part of the economy of the Wilkes-Barre Metropolitan Area, Wright Township seeks to maintain and strengthen its position as a base of industry.
(1) 
Wright Township, in conjunction with Fairview Township, seeks to maintain and strengthen its position as the commercial center of the Greater Mountaintop Area.
(2) 
As one of the fastest growing communities in Luzerne County, in terms of population from the period between 1960-2000, Wright Township seeks to encourage growth, but at a moderate rate and in an orderly manner.
(3) 
Wright Township seeks to keep employment rates high and to maintain income levels above or at least commensurate with Statewide averages.
C. 
Social Objectives.
(1) 
As one of the most desirable communities in Luzerne County in which to live, Wright Township seeks to provide a diversity of housing types of good quality and at affordable costs for all ages, race and income groups.
(2) 
Wright Township seeks to provide for the cultural, educational and vocational training opportunities for all of its residents, both young and old.
(3) 
Wright Township seeks to provide for the health and welfare of all its residents.
(4) 
Wright Township seeks to provide for year round indoor and outdoor recreational needs for its residents of all ages.
(5) 
Wright Township seeks to provide safety from crime, accidents, hazards, fires and natural disasters for all its residents.
(6) 
Wright Township seeks to provide its citizens, in conjunction with other communities in the Greater Mountaintop Area, an array of community facilities, such as schools, libraries, municipal buildings, emergency service facilities, recreation facilities and health facilities.
(7) 
Wright Township seeks to have its citizens participate in planning for the future of the community and seeks to have citizens of other communities in the Greater Mountaintop Area cooperate in solving mutual problems and in promoting mutual advantages for the area.
D. 
Environmental Objectives.
(1) 
Wright Township seeks to preserve and enhance environmental characteristics of the Township through the creation of an Environmental Advisory Council.
(2) 
Wright Township seeks to identify and preserve rural areas and vistas within the Township through the development of an Environmental Resources Inventory.
(3) 
Wright Township seeks to preserve areas of natural drainage, wetlands and stream beds through their incorporation into an open space designation.
(4) 
Wright Township seeks to preserve woodlands and other environmentally sensitive areas in the context of best management practices.
(5) 
In order to prevent unsightly suburban sprawl, the Township seeks to control the use of land in a prudent manner for accommodating residential, commercial, industrial and public and semipublic uses.
(6) 
Wright Township seeks to discourage development on steep slopes and environmentally sensitive areas, such as flood prone areas and wetlands.
(7) 
Wright Township seeks to incorporate conservation measures into this chapter and the Subdivision and Land Development Ordinance [Chapter 131] designed to conserve permanent open space.
E. 
Housing Objectives.
(1) 
Wright Township seeks to encourage diversification of housing choices/types designed to meet the needs of all types of households.
(2) 
Within the diversification of housing types, the Township seeks to promote measures to ensure means to address and encourage affordable housing standards and to eliminate any existing barriers to the same.
(3) 
Wright Township shall seek to encourage opportunities to increase the supply of multifamily housing units within its current housing stock by providing appropriate amendments to this chapter.
(4) 
The Township shall seek to provide appropriate land use controls within this chapter and the Subdivision and Land Development Ordinance [Chapter 131] to allow cluster developments for the intent of preserving open space including, but not limited to, forested areas, fields, scenic vistas and other amenities associated with preserving rural characteristics.
(5) 
The Township shall seek to encourage the development of vacant lots within existing subdivision with the intent of reducing the Township’s rate of growth and the depletion of open space.
(6) 
The Township shall seek to provide land use methods to retain permanent open space for any new proposed development by implementing conservation zoning and conservation subdivision principles.
(7) 
The Township seeks to require physical connections of subdivisions where possible by connecting roads; and seek opportunities to link open space areas which are set aside as permanent conservation easements.
(8) 
The Township shall seek the adoption of land use controls which shall protect residential areas from incompatible land uses.
(9) 
The Township shall seek to work toward the adoption of a housing code for the maintenance of the existing housing stock.
(10) 
The Township seeks to work toward the adoption of the Pennsylvania Uniform Construction Code (PA UCC) for new construction and improvements/additions to existing structures.
[Amended 8-12-2013 by Ord. No. 236]
F. 
Governmental Objectives.
(1) 
As part of the Greater Mountaintop Area, Wright Township seeks to cooperate with other municipalities in the area to carry out programs and services of mutual benefit that can be provided more efficiently and economically on a regional basis.
(2) 
Wright Township seeks to carry out on a Township basis those programs and services which can be best provided by the Township in the most efficient and economical manner
(3) 
Wright Township seeks to have its citizens participate in planning for the future of the community and assist to carry out those plans.
(4) 
Wright Township seeks to retain and improve upon the quality and efficiency of the delivery of public services in keeping with good administrative management and fiscal responsibility.

§ 145-104 Interpretation.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of Wright Township and its residents. It is not intended by this chapter to interfere with or abrogate or annul any rules or regulations previously adopted or permits previously issued by the Township, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, building restrictions or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of the buildings, or premises or upon the height of the building, or requires a larger open space or land area than is imposed or required by such ordinances, rules, regulations or permits, or by easements, covenants, building restrictions or agreements, the provisions of this chapter shall control.

§ 145-105 Compliance with Chapter Required.

Except as hereinafter provided, no land, building, structure or premises shall hereafter be used, and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted, altered or moved except in conformity with the regulations herein specified for the zoning district in which it is located.

§ 145-106 Severability.

If any article, section, subsection, paragraph, sentence or phrase of this chapter is for any reason declared to be invalid, illegal or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of this chapter as a whole or any other part thereof.

§ 145-107 Repealer.

All other ordinances, or parts thereof, which are in conflict with the provisions of this chapter are hereby repealed.

§ 145-108 Effective Date.

This chapter shall take effect from and after its approval and adoption as provided by law.