STATUTORY REFERENCES
Power to adopt and enforce zoning ordinances — See
2nd Class Sec. 702-XXV.
General provisions and definitions — See
Penna. Mun. Plan. Code, Art. I.
Zoning — See Penna. Mun. Plan.
Code, Art. VI.
GENERAL REFERENCES
Fees — See Sections 208.03(b)
and 1252.12.
Subdivisions to comply with Zoning Code — See
Section 1232.04.
Zoning permits — See Section 1296.09.
[Ord. 223. Passed 12-10-1985]
This Zoning Code shall be enforced by the Township
Code Official, with the aid of the Police Department and other Township
agencies. The Code Official shall be appointed by the Board of Supervisors
as provided by law.
[Ord. 223. Passed 12-10-1985]
The Township Code Official shall:
(a)
Keep a record of all plans and applications for permits
and of all permits issued, with notations as to special conditions
attached thereto. All records shall be open for public inspection.
(b)
Review applications for zoning permits for the erection
or alteration of a structure or change of use and determine whether
or not such construction or use is in accordance with this Zoning
Code, with all other applicable ordinances and with the laws, statutes
and regulations of the Commonwealth. The Code Official shall issue
no permit unless it conforms with all applicable ordinances, laws,
statutes and regulations.
(c)
Conduct inspections and surveys to determine compliance
or noncompliance with this Zoning Code. In conducting such surveys,
the Code Official or his or her representative may enter upon or in
any land or building.
(d)
Make written orders requiring compliance with this
Zoning Code to be served personally or by certified mail;
(e)
Institute proceedings in courts of competent jurisdiction
for the enforcement of this Zoning Code;
(f)
Maintain a map showing the current zoning classification
of all land in the Township;
(g)
Maintain a map and register showing the registration,
identity, location and type of all nonconforming structures and uses
in the Township; and
(h)
Participate in all proceedings before the Zoning Hearing
Board and present facts and information to assist the Board in reaching
decisions, which decisions shall conform to the requirements of this
Zoning Code.
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The Code Official shall issue no permit for
the construction or use of any land or building unless it also conforms
to the requirements of all other ordinances of the Township and to
the laws and statutes of the Commonwealth.
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[Ord. 223. Passed 12-10-1985]
After the effective date of this Zoning Code
(Ordinance 223, passed December 10, 1985), no new building shall be
erected, no building now erected shall be changed or altered, and
no vacant land shall be occupied, until a certificate of conformity
is issued by the Code Official stating that the structure and use
comply with this Zoning Code. A record of all certificates of conformity
shall be kept on file by the Code Official and copies shall be furnished
upon request to any person having a proprietary or tenancy interest
in the structure or use affected.
The Code Official shall require that any application
for a certificate of conformity contain all information necessary
to ascertain whether or not the proposed structure or occupancy complies
with this Zoning Code. The Code Official shall, within fifteen days
after the receipt of an application for a certificate of conformity,
issue the certificate if the proposed structure or occupancy complies
with this Zoning Code and all other relevant Township laws and ordinances.
Upon completion of the work authorized by any
certificate, the applicant or owner shall notify the Code Official
of such completion. No permit shall be considered as complete or permanently
effective until the Code Official has noted on the permit that the
work has been inspected and approved as being in conformity with this
Zoning Code.
[Ord. 223. Passed 12-10-1985]
Applications for certificates of conformity
shall be made in writing by the owner, tenant or authorized agent
and shall be filed with the Code Official on a form prescribed by
him or her. The application shall include a statement as to the proposed
use of the building, shall be accompanied by a plan drawn to scale
and showing the location of the building in relation to the property
and road lines, shall include a statement that the side lines of all
roads shown on the plan have been located and staked on the premises
by a surveyor or other person competent to give such location, and
shall give the name and address of the person who has so located and
staked the road.
[Ord. 223. Passed 12-10-1985]
The applicant for a permit required by this
chapter shall, at the time of making the application, pay to the Code
Official for the use of the Township a fee in accordance with Section
208.03(b) of the Administration Code. The Code Official is hereby
authorized to require a permit fee in accordance with such section
for the use or occupancy of buildings or structures.
[Ord. 223. Passed 12-10-1985]
If any lot of public record is held in single
and separate ownership on the effective date of this Zoning Code (Ordinance
223, passed December 10, 1985), which lot is not of sufficient size
or dimension to permit the erection of a building thereon in accordance
with this Zoning Code, and provided that the Zoning Hearing Board
finds that the necessary additional ground is not available because
of the inability of the owner to acquire additional ground upon fair
terms, then the Board may grant a variance for the use of such lot
upon such conditions as the Board may specify, so that the minimum
and maximum regulations of the district in which the lot is located
are met as closely as possible.
[Ord. 246. Passed 12-22-1987; Ord. 253. Passed 2-16-1988]
The procedure for application review and approval
for zoning permits in "C-D," "CD-1," "E," "MF-1," "MF-2," "MF-3,"
"MF-3A," "D," "D-1," "D-2," "D-3," "D-4," "F," "F-1," "MD" and "PO"
Districts and any cluster development conditional use allowed in an
"AA-1" or "A-1" District, shall be the same as stated and required
for a subdivision or land development under the Subdivision and Land
Development Regulations.
[Ord. 223. Passed 12-10-1985]
The Code Official shall take cognizance of a
violation of any of the provisions of this Zoning Code. He or she
shall investigate each violation which comes to his or her attention.
He or she shall order, in writing, the correction of such conditions
as he or she finds to be in violation of any of the provisions of
this Zoning Code. Failure to secure all required permits and certificates
under this Zoning Code, or under a Zoning Hearing Board order, when
required, prior to the erection, construction, extension or addition
to a building, shall be a violation of this Zoning Code.
[Ord. 257. Passed 6-21-1988]
When the Code Official observes an actual or
apparent violation, or has reasonable grounds to believe there is
a violation, of any provision of this Zoning Code, or a condition
imposed as part of any order of the Zoning Hearing Board, or a condition
imposed by the Board of Supervisors upon the grant of a conditional
use, he or she shall prepare a written notice of violation. This notice
may be by citation or may be a notice describing the activity or condition
deemed to be a violation and specifying time limits within which the
violation shall be corrected. If the Code Official elects to proceed
by citation, the citation shall be served as provided by the Pennsylvania
Rules of Criminal Procedure. If the Code Official elects to proceed
by notice of violation, the written notice of violation shall be served
upon the owner, or upon a duly authorized agent of the owner, including
a contractor or architect, or upon the occupant or other person responsible
for the violation. Such notice of violation shall be served in any
of the following ways: by delivering a copy of the same to the person
or persons responsible for the violation, by ordinary mail to the
last known post office address; or by delivering and leaving such
notice in the possession of any person in charge of the premises where
the violation is believed to be occurring, or by affixing a copy of
such notice in a conspicuous place at the entrance door or avenue
of access of the premises where the violation is believed to be occurring;
and such procedure shall be deemed the equivalent of personal notice.
[Ord. 223. Passed 12-10-1985]
A lot may be used and a building or structure
may be erected, altered, enlarged or maintained, provided that it
is in accordance with the requirements of the district in which it
is located, in accordance with the requirements of any applicable
overlay district and in accordance with the general conditions of
this Zoning Code.
[Ord. 223. Passed 12-10-1985]
The provisions of this Zoning Code are severable,
and if any section, sentence, clause, part or provision hereof is
held to be illegal, invalid or unconstitutional by any court of competent
jurisdiction, such court decision shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this Zoning Code.
It is hereby declared to be the intent of the Board of Supervisors
that this Zoning Code would have been adopted if such illegal, invalid
or unconstitutional section, sentence, clause, part or provision had
not been included herein.
[Ord. 223. Passed 12-10-1985; Ord. 340. Passed 4-23-1997]
(a)
Board Amendments.
(1)
The Board of Supervisors may, from time to time,
amend the Zoning Ordinance and/or the Zoning Map by proceeding in
the manner set forth in this section and as otherwise required by
law.
(2)
An amendment proposed by the Board of Supervisors
shall be prepared by the Township's Solicitor, the Zoning Officer
or the Township Planning Commission. If a Board proposed amendment
is not prepared by the Township Planning Commission, said proposed
amendment shall be referred to the Township Planning Commission for
review and comments.
(3)
Concurrent with the reference to the Township
Planning Commission, if any, the proposed amendment shall be referred
to the Montgomery County Planning Commission for review and comment.
(4)
The proposed amendment shall be advertised as
required by the Municipalities Planning Code.
(5)
If the proposed amendment would effect a change
in the Zoning Map, if adopted, the property so affected shall also
be posted in the manner required (if so required) by the Municipalities
Planning Code.
(6)
After advertising (and posting of the property,
if any) has occurred, the Board of Supervisors shall hold a public
hearing on the proposed amendment of the Zoning Ordinance and/or Zoning
Map before voting on its adoption.
(b)
Landowner Proposed Amendments.
(1)
Any Township landowner may submit a written
proposal, on the form provided at the Township offices, requesting
an amendment of the Zoning Ordinance or Zoning Map as they relate
to the landowner's property and shall pay the fee fixed by the Board
of Supervisors for such a submission.
(2)
Since amendment of the Township Zoning Ordinance
or Map is a decision which falls within the legislative discretion
of the Board of Supervisors, the Board shall have no obligation or
duty to grant a hearing or to take any action on any proposal for
amendment of the Zoning Ordinance or the Zoning Map submitted by a
landowner.
(3)
If a Township landowner submits a proposal for
the amendment of the Zoning Ordinance and/or Zoning Map, and the Board
of Supervisors decides to take no action on the proposal, the Township
staff shall return the application and fee submitted by the landowner
or other person, and the Township shall take no further action on
the submission.
(4)
If the Board of Supervisors decides to grant
a hearing on any proposal to amend the Zoning Ordinance and/or Zoning
Map as submitted by a Township landowner, the Township staff shall
refer the proposal to the Township Planning Commission and the Montgomery
County Planning Commission for review and commentary. The Township
staff shall also advertise the proposed amendment as required by the
Municipalities Planning Code and, if the proposal involves any change
to the Zoning Map, any affected property shall be posted. The Board
of Supervisors shall hold such public hearing or hearings as they
deem appropriate on the proposal submitted by the landowner to amend
the Zoning Ordinance and/or Zoning Map, but the Board shall be under
no obligation to take any final action on the proposal.
[Ord. 223. Passed 12-10-1985; Ord. 257. Passed 6-21-1988]
(a)
For a violation of any of the provisions of this Zoning
Code, or of any condition imposed by an order of the Zoning Hearing
Board, or of any condition imposed by the Board of Supervisors upon
the grant of a conditional use, the owner, general agent or contractor
of a building or premises where such violation has existed or exists,
and/or the lessee or tenant of an entire building or entire premises
where such violation has been committed or exists, and/or the owner,
general agent, contractor, lessee or tenant of any part of a building
or premises in which part such violation has been committed or exists,
and/or the general agent, architect, building contractor or any other
person who knowingly commits, takes part in or assists in any such
violation, or who maintains any building or premises in which any
such violation exists, shall be liable on conviction thereof in a
summary proceeding to pay a fine of not more than $1,000 for each
offense. In default of payment of such fine, such person, the members
of a partnership, or the officers of such corporation, shall be liable
to imprisonment for a period not exceeding 60 days. Whenever such
person has been notified by the Zoning Officer by service of a notice
of violation, or by service of a citation, or in any other way, that
he or she is committing such violation of this Zoning Code, a separate
offense shall be deemed committed each day that he thereafter continues
the violation.
(b)
If any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, if any
building, structure or land is used or if any hedge, tree, shrub or
other growth is maintained in violation of any of the provisions of
this Zoning Code or of any regulations made pursuant hereto, in addition
to other remedies provided by law, any appropriate action or proceedings
by authorized legal process may be instituted or taken to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violation; to prevent the occupancy of such building, structure
or land; or to prevent any illegal act, conduct, business or use in
or about such premises.
