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West Rockhill Township
City Zoning Code

ARTICLE I

Title, Purpose, Objectives, and Jurisdiction

§ 450-100 Title.

An ordinance regulating the location, height, bulk, erection, construction, alteration, razing, removal and size of structures; the percentage of the lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of population; the intensity of use of land or bodies of water for trade, industry, residence, recreation, public activities or other purposes and the uses of land for agriculture, water supply, conservation or other purposes in all portions of West Rockhill Township.

§ 450-101 Short title.

This chapter shall be known as and may be cited as the "West Rockhill Township Zoning Ordinance, as amended in 2011."

§ 450-102 Purpose.

This chapter is enacted in accordance with the Pennsylvania Municipalities Planning Code[1] for the following purposes:
A. 
To implement the West Rockhill Township Comprehensive Plan.
B. 
To promote, protect and facilitate 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; sewerage; schools; public grounds and other public requirements; the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use; as well as preservation of the natural, scenic and historic values of the environment and preservation of forests, wetlands, aquifers and floodplains.
C. 
To prevent overcrowding of land, blight, danger and congestion in travel and transportation, and loss of health, life or property from fire, flood, panic or other dangers in accordance with an overall program, and with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures.
D. 
To preserve prime agriculture and farmland considering topography, soil type, classification and present use.
E. 
To provide standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts.
F. 
To provide methods to implement Article I, Section 27 of the Constitution of the Commonwealth of Pennsylvania, which decrees that the people have a right to 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 ensure the health, safety and welfare of all the people.
G. 
To provide for the use of land for commerce, industry, institutions, and residential housing of various dwelling types and reasonable overall community growth.
H. 
To provide standards for all appropriate types of dwelling units so that the people may have access to decent, sound and sanitary housing, to meet the goals of the Federal Housing act of 1949, to provide adequate zoning to meet a fair share of the region's housing needs to the year 2020.
I. 
To regulate the growth of the Township, concentrating development in areas where adequate sewage facilities, roads and schools can be provided, and limiting development in areas where these facilities are not provided.[2]
[2]
Editor's Note: Original Section 102J, which referenced protection of the Township's historic buildings, villages, areas and resources, which immediately followed this subsection, was repealed 10-19-2011 by Ord. No. 207.
J. 
To lessen the danger and congestion of traffic on the roads and highways and to reduce excessive numbers of roads.
K. 
To protect the tax base.
L. 
To secure economy in local government expenditures.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 450-103 Interpretation.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
A. 
Whenever any regulations made under authority of this chapter require a greater width or size of yards, courts or other open spaces, require a lower height of buildings, smaller number of stories, require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under authority of this chapter shall govern.
B. 
Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces, require a greater percentage of lot to be left unoccupied or impose other high standards than are required by any regulations made under authority of this chapter, the provisions of such statute shall govern.
C. 
Whenever any regulations pertaining to a specific use or activity under authority of this chapter require a greater width or size of yards, courts or other open spaces, require a lower height of building or smaller number of stories, require a greater percentage of lot to be left unoccupied or impose other higher standards than are required for the zoning district or generally required under this chapter, the greater or higher standards shall govern.
D. 
This chapter does not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this chapter, or any private restriction placed upon property by covenant, deed or other private agreement.
E. 
Those provisions in Chapter 365, Subdivision and Land Development, concerned with varying design standards shall not be considered to be in conflict with the provisions of this chapter. Where a conflict appears to exist, the provisions of the regulations made under authority of this chapter shall govern.

§ 450-104 Separability.

It is hereby declared to be the intent of the Board of Supervisors that:
A. 
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
B. 
If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any lot, building or other structure or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property or situation immediately involved in the controversy and the application of any such provisions to other persons, property or situations shall not be affected.