Article I
TITLE, APPLICATION, AND PURPOSE
SECTION 101.
A.
TITLE AND SHORT TITLE
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 Ordinance shall be known as and may be cited as the "Maidencreek Township
Zoning Ordinance of 20010."
SECTION 102.
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
Ordinance.
SECTION 103.
A.
PURPOSE
Community Development Objectives
This Zoning Ordinance, 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 Maidencreek Township 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.
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B.
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.
Purposes Legislated by the Municipalities Planning Code
The provisions of this Zoning Ordinance are designed to achieve the following
purposes.
1.
To promote, protect, and facilitate the public health, safety, morals, and the
general welfare; co-ordinated 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 non-residential uses.
SECTION 104.
INTERPRETATION
A.
In their interpretation and application, the provisions of this Ordinance 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 Ordinance imposes greater restrictions than those of any other Ordinance,
regulation, private agreement, or any other less restrictive provision of this Ordinance,
the more restrictive provisions of this Ordinance shall be controlling. Where the
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provisions of any statute, other ordinance, or regulation impose greater restrictions
than this Ordinance, the provisions of such statute, ordinance, or regulation shall be
controlling.
SECTION 105.
PUBLIC UTILITY CORPORATIONS EXEMPT
This Ordinance 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.
SECTION 106.
SEVERABILITY
Should any article, section, subsection, paragraph, clause, phrase or provision of this
Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid,
such decision shall not affect the validity of the Ordinance as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.
SECTION 107.
CONFLICT AND REPEALER
A.
It is not the intent of this ordinance 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 Ordinance, nor is it the intent of this Ordinance to interfere
with, abrogate, or annul any easement, covenant, building restriction, or any other
agreement between or among private parties.
B.
All ordinances, resolutions, regulations, or any parts of such which are inconsistent with
the regulations of this Zoning Ordinance are hereby repealed to the extent of such
inconsistency.
SECTION 108.
WARNING AND DISCLAIMER
This Zoning Ordinance 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 ordinance or
any administrative decision lawfully made pursuant to the provisions hereof.
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