Pequea Township

ARTICLE 1

BACKGROUND PROVISIONS

Section 100 Title

This Ordinance shall be known and may be cited as "The Pequea

Township Zoning Ordinance - 1992", hereinafter referred to as

the "Zoning Ordinance". The accompanying map is a composite

zoning map for unofficial use only. The official map on file in

the office of the Board of Supervisors is hereby declared to be

a part of this Ordinance and shall be known and may be cited as

the "Pequea Township Official Zoning Map", hereinafter referred

to as the "Zoning Map".

Section 101 Purpose

These zoning regulations are enacted for the purpose of promoting

the health, safety, morals, and general welfare of the

people. They have been made in accordance with a comprehensive

plan and are designed to lessen congestion on the streets and

highways; to secure safety from fire, panic, and other dangers;

to provide adequate light and air; to prevent overcrowding of

land; to avoid undue concentration of population; to facilitate

the adequate provision of transportation, water, sewage,

schools, parks, and other public requirements. These

regulations have been made with reasonable consideration, among

other things, to the character of the district and its peculiar

suitability for particular uses and with a view to conserving

the value of buildings and encouraging the most appropriate use

of land throughout the Township.

The Comprehensive Planning process in Pequea Township has shown

an overwhelming desire to maintain the Township as a rural

community with irreplaceable prime agricultural soils.

Agriculture remains a strong cultural influence. Many of the

zoning regulations and objectives are designed to protect and

stabilize agriculture in areas of productive soils as an ongoing,

viable, major component of the economy of the Township,

and to prevent adverse effects resulting from encroachment and

mixing of residential and other incompatible development with

agricultural uses.

A primary purpose of the regulations contained in this Ordinance

is to provide stewardship of open space, unique plant and

wildlife habitats, and environmentally sensitive areas so that

such natural resources may be conserved for future generations

of Pequea Township residents.

Section 102 Community Objectives

The community development of objectives which provide the basis

for the zoning policy are the community goals and objectives

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derived from the Comprehensive Plan of Pequea Township after an

extensive survey of Township citizens. These include, but are

not limited to, the following:

A) to preserve the rural character of the Township by

promoting and retaining agriculture as the primary use of

lands presently farmed and/or designated as having

productive agricultural soils. The primary goal for the

future development of Pequea Township is the maximum

preservation of agricultural land and agricultural

activity. Therefore, all uses in zoning districts which

abut any Agricultural District or any existing agricultural

activity must accept the nuisances and hazards which are a

normal adjunct to farming;

B) to encourage preservation of common open space to provide

for recreation and an improved community environment for

future generations;

C) to ensure that land uses are logically and appropriately

situated in relation to each other in order to conserve the

value of buildings;

D) to facilitate transportation in the Township and prevent

traffic congestion;

E) to provide for adequate police, fire and other Township

services and facilities;

F) to provide the opportunity for the Township’s "fair share"

of residential development, directed mainly to areas less

suited for agriculture and appropriate areas along major

transportation systems which are, or will be, served by

public utilities.

G) to protect environmentally sensitive areas including, but

not limited to, the following:

1) natural amenities of the Township;

2) conservation of groundwater and surface water

resources to protect both quality and adequate

quantity;

3) minimization of soil erosion and sedimentation;

4) maintenance of adequate vegetation and foliage to

prevent air and noise pollution, flooding, and

erosion;

5) protecting natural vegetation and wildlife habitat;

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6) preservation of vegetation and land for scenic and

aesthetic value;

7) minimize the potential for property damage and

personal injury caused by run-off, erosion, landslides

and flooding caused by nearby development.

H) to secure safety from pollution, and other dangers, and to

provide adequate light, air and convenience of access;

I) to guide and regulate the orderly growth, development, and

redevelopment of the Township, in accordance with a

comprehensive plan of long-term objectives, principles, and

standards deemed beneficial to the interests and welfare of

the people; and

J) to protect the established rural character and the social

and economic well-being of both private and public

property.

Section 103 Legislative Intent

On July 1, 1992, in accordance with the authorization in Section

609.2 of the Municipalities Planning Code, the Board of

Supervisors adopted Resolution No. 139 and Resolution No. 140.

These Resolutions declared that portions of the Pequea Township

Zoning Ordinance - 1980, as amended, and the Official Township

Zoning Map might be invalid for one of nine listed reasons. The

Board of Supervisors, in accordance with the requirements of MPC

Section 609.2 reviewed the provisions of the Pequea Township

Zoning Ordinance - 1980 and the Official Zoning Map, in

conjunction with the Pequea Township Comprehensive Plan, data

available from the 1990 Census and information provided by the

Lancaster County Planning Commission. In accordance with this

and other information, the Township Planning Commission and the

Board of Supervisors prepared this Zoning Ordinance. It is the

intent of the Board of Supervisors through the enactment of this

Zoning Ordinance to reaffirm the validity of those portions of

the Pequea Township Zoning Ordinance - 1980 and the Official

Zoning Map which are included herein and, to the extent

necessary, to cure any invalidity which may have previously

existed by the enactment of this Zoning Ordinance.

Section 104 Application and Scope

The regulations set by this Ordinance within each district shall

be minimum regulations and shall apply uniformly to each class

or kind of structure or land. In addition to the foregoing, and

not in limitation thereof, any regulations set forth in Article

XVII hereof, or any other regulations governing structures or

uses, shall apply to any uses or structures that may be referred

to herein, regardless of district unless reference is made to

the contrary. Unless reference is made to the contrary,

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references to lot area, lot width, front yards, side yards, rear

yards, and other yard and lot requirements shall be the minimal

dimensional requirements for the particular district in which

they are referenced. If there are no such requirements for any

use, structure or district, the requirements set for similar

uses or structures in such districts shall be applicable. The

most restrictive requirement in another district shall apply in

a district for which no such regulation is provided.

A) No structure or land shall hereafter be changed in use, or

occupied, and no building or structure or part thereof

shall hereafter be erected, constructed, reconstructed,

moved or structurally altered except in conformity with all

of the regulations herein specified for the district in

which it is located.

B) No part of a yard, other open space, or landscaping, or

off-street parking or loading space required or in

connection with any building or structure for the purpose

of complying with this Ordinance shall be included as part

of a yard, open space, landscaping, or off-street parking

or loading space similarly required for any other building

or structure.

C) Except as is otherwise specifically provided herein, no

yard or lot existing at the time of passage of this

Ordinance shall be reduced in dimension or area below the

minimum requirements set forth herein. Yards or lots

created after the effective date of this Ordinance shall

meet at least the minimum requirements established by this

Ordinance.

D) To the extent permitted by law, all private and

governmental entities shall comply with all provisions of

this Ordinance. Notwithstanding the foregoing, the

provisions of this Ordinance shall not apply to Pequea

Township.

Section 105 Interpretation

In interpreting and applying the provisions of this Ordinance,

such provisions shall be held to be the minimum requirements for

the promotion of the health, safety and morals and general

welfare of the residents of the Township.

Section 106 Conflict

It is not intended by this Ordinance to repeal, abrogate, annul,

or interfere with any existing ordinances or enactment, or with

any rule, regulation or permit adopted or issued thereunder,

except insofar as the same may be inconsistent or in conflict

with any of the provisions of this Ordinance, provided that

where this Ordinance imposes greater restrictions upon the use

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of buildings or land, or upon the height and bulk of buildings,

or prescribes larger open spaces than are required by the

provisions of other such ordinance, enactment, rule, regulation,

or permit, then the provisions of this Ordinance shall control.

Furthermore, if a discrepancy exists between any regulations

contained within this Ordinance, that regulation which imposes

the greater restriction shall apply.

The provisions of this Ordinance do not repeal, abrogate, annul,

supersede or interfere with any deed restrictions, restrictive

covenants, or other private agreements governing the use or

development of property.