This chapter shall be known and may be cited as the "Montgomery
Borough Zoning Ordinance of 1993."
B.
Applicability. This chapter requires that, within the Borough of
Montgomery, in the County of Lycoming and the Commonwealth of Pennsylvania,
no land, body of water or structure shall hereafter be used or occupied
and no structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered unless in conformity
with all the regulations and procedures herein specified for the district
in which such land, body of water or structure is located.
The following regulations shall be in full force and effect
and shall be designed:
A.
To promote, protect and facilitate one 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 sewerage, schools,
public grounds and other public requirements; as well as
B.
To prevent one 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.
That any recommendations made by any planning agency to the Borough
Council shall be advisory only.
The community development objectives for Montgomery Borough
include, but are not necessarily limited to, the following:
A.
To achieve the highest and best use of land.
B.
To protect transportation corridors.
C.
To establish a realistic population density control.
D.
To effectuate a logical road and street pattern designed to adequately
serve business, industry, and residence and insofar as possible maintain
a separation necessary to protect the neighborhood environment.
E.
To guide development with a view to providing adequate and economical
community facilities and utilities.
F.
To achieve adequate public protection.
G.
To permit economical installation of sanitary sewers and treatment
plants.
H.
To effectuate the future land use plan, including the preservation
of natural amenities and resources.
I.
To ultimately eliminate polluting factors and pollutants from water
and air.
The granting of a zoning permit for the erection and/or use
of a building or lot shall not constitute a representation, guarantee,
or warranty of any kind or nature by the Borough, or an official or
employee thereof, of the safety of any structure, use or other proposed
plan from any cause whatsoever, and shall create no liability upon,
or a course of action against such public official or employee for
any damage that may result pursuant thereto.
The Borough Council shall by resolution establish a schedule
of fees, charges and expenses and a collection procedure for zoning
permits, certificates of zoning compliance, appeals and other matters
pertaining to this chapter. The schedule of fees shall be posted in
the office of the Codes Enforcement Officer and may be altered or
amended only by the Borough Council.
