[HISTORY: Adopted by the Board of Supervisors of the Township of
Montgomery as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-1992 by Ord.
No. 92-1]
Pursuant to Section 702, Clause XLI.1 (53 P.S. § 65741.1) of the Second Class Township Code, the codification of a complete body of legislation for the Township of Montgomery, County of Montgomery, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 234, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Montgomery, which shall be know and is hereby designated as the "Code of the Township of Montgomery," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of Montgomery, and it is the intention of said Board of Supervisors that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-15 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of Montgomery and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-3 of this article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A.
Any ordinance adopted subsequent to November 25, 1991.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the Township prior to the effective date
of this article or any action or proceeding brought for the enforcement of
such right or liability or any cause of action acquired or existing.
C.
Any offense or act committed or done before the effective
date of this article in violation of any legislative provision of the Township
or any penalty, punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding
pending or any judgment rendered prior to the effective date of this article
brought pursuant to any legislative provision of the Township.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Township or any lawful contract, obligation
or agreement.
F.
Any ordinance appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the issuance
and delivery of any bond of the Township or other instruments or evidence
of the Township's indebtedness.
G.
Any ordinance adopting an annual budget or establishing
an annual tax rate.
H.
Any ordinance providing for the levy, imposition or collection
of special taxes, assessments or charges.
I.
Any ordinance authorizing the purchase, sale, lease or
transfer of property or acquiring property by acceptance of deed, condemnation
or exercise of eminent domain.
J.
Any ordinance annexing land to the Township.
K.
Any ordinance providing for requiring the construction
or reconstruction or opening of sidewalks, curbs and gutters.
L.
Any ordinance or part of an ordinance providing for laying
out, opening, altering, widening, relocating, straightening, establishing
grade, changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place or property
or designating various streets as public highways.
M.
Any ordinance establishing water, sewer or other special
purpose districts and designating the boundaries thereof; providing for a
system of sewers or water supply lines; or providing for the construction,
extension, dedication, acceptance or abandonment of any part of a system of
sewers or water supply lines.
N.
Any ordinance providing for the making of public improvements.
O.
Any ordinance providing for the salaries and compensation
of officers and employees of the Township or setting the bond of any officer
or employee.
P.
Any ordinance concerning changes and amendments to the
Zoning Map.
Q.
Legislation relating to civil defense.
R.
Legislation relating to noise.
All ordinances and resolutions of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or prior to the date of adoption of this article are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances and resolutions shall be temporarily placed in the Code until printed supplements are included.
A.
Nonsubstantive grammatical changes. In compiling and
preparing the ordinances and resolutions of the Township for adoption and
revision as part of the Code, certain nonsubstantive grammatical and style
changes were made in one or more of said ordinances and resolutions. It is
the intention of the Board of Supervisors that all such changes be adopted
as part of the Code as if the ordinances and resolutions so changed had been
previously formally amended to read as such.
B.
Substantive changes and revisions. In addition to the changes and revisions described above, the following changes and revisions of a substantive nature are hereby made to various ordinances and resolutions included in the Code. These changes are made to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Code as if the legislation so changed have been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15.[1]
[1]
Editor's Note: Pursuant to § 1-6B, the following sections or chapters were added or amended: §§ 24-1, 26-6, 30-8, 34-2, 34-3, 34-4A and B, 56-10, 65-7, 69-1, 69-3A(11), (12), (13), (18), (20), (21), (37), and (39), 69-7B(7), 69-27A and B, 69-28B, C and E, 69-34A, C, and D, 69-35F, 72-5, 92-7, 107-2, 107-4, 107-5, 128-2, 128-5, 128-7, 155-2, 155-9, 159-5A, 166-10, 170-4, 170-6, 170-7, 170-14 and 174-1, Ch. 183, Ch. 187, §§ 193-1, 193-3, 193-7B, 193-21B, 201-8, 201-13, 205-6, 205-41, 205-58C, 205-82B, 205-87I, 209-18A, 209-31, 209-32B(2) and C, 209-41, 209-61A, 215-2, 215-5, 215-13D, 215-14, 230-5B, 230-6A, 230-12E, 230-16G, 230-17B(2), 230-21E(3) and (4), 230-36A(3), 230-39E, 230-49A(3), 230-70A(4), 230-72I, 230-77C(1), 230-124A, 230-134C, 230-139F, 230-151A and E and 230-183. The following original sections and articles were deleted: Secs. 3 and 6 of Ord. No. 10; Sec. 7 and Art. IX of Ord. No. 18; Art. XVIII of Ord. No. 17-014. The following were specifically repealed: Ord. No. 72, adopted 12-8-1980; Ord. No. 96, adopted 11-21-1985; Res. No. 1, adopted 8-22-1983. A complete description of each change may be found in Ord. No. 92-1, on file in the Township offices.
In interpreting and applying the provisions of the Code, they shall
be held to be the minimum requirements for the promotion of the public health,
safety, comfort, convenience and general welfare. Where the provisions of
the Code impose greater restrictions or requirements than those of any statute,
other ordinance, resolution or regulation, the provisions of the Code shall
control. Where the provisions of any statute, other ordinance, resolution
or regulation impose greater restrictions or requirements, the provisions
of such statute, other ordinance, resolution or regulation shall control.
A.
Chapter and article titles, headings and titles of sections
and other divisions in the Code or in supplements made to the Code are inserted
in the Code and may be inserted in supplements to the Code for the convenience
of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving
other information or referring to the statutes or to other parts of the Code
are inserted in the Code and may be inserted in supplements to the Code for
the convenience of persons using the Code and are not part of the legislation.
Three copies of the Code in a post-bound volume shall be filed with
the Ordinance Book in the office of the Township Manager/Secretary and shall
remain there for use and examination by the public. Upon adoption, such copies
shall be certified to by the Township Manager/Secretary, as provided by law,
and such certified copies shall remain on file in the office of the Township
Manager/Secretary, available to persons desiring to examine the same during
all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate tie intention of the Board
of Supervisors to be a part thereof, shall be deemed to be incorporated into
such Code so that reference to the Code shall be understood and intended to
include such changes. Whenever such additions, deletions, amendments or supplements
to the Code shall be adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the post-bound book containing said Code as amendments
and supplements thereto.
It shall be the duty of the Township Manager/Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copies of the
book containing the Code required to be filed in the office of the Township
Manager/Secretary for the use of the public. All changes in said Code and
all legislation adopted by the Board of Supervisors subsequent to the effective
date of this codification which the Board of Supervisors shall adopt specifically
as part of the Code shall, when finally adopted, be included therein by reference
until such changes or new legislation are printed as supplements to said Code
books, at which time such supplements shall be inserted therein.
The Township Manager/Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction and of the adoption of
the Code in a newspaper of general circulation in the Township. The enactment
and application of this article, coupled with the publication of the notices
of introduction and adoption, as required by law, and the availability of
copies of the Code for inspection by the public, shall be deemed, held and
considered to be due and legal publication of all provisions of the Code for
all purposes.
It shall be unlawful for anyone to improperly change or amend, by additions
or deletions, or to alter or tamper with the Code or any part or portion thereof,
in any manner whatsoever, which will cause the law of the Township to be misrepresented
thereby. Anyone violating this section of this article shall, upon conviction
thereof, be punished by a fine not exceeding $300, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not exceeding
30 days.
The provisions of this article and of the Code adopted hereby are severable,
and if any clause, sentence, subsection, section, article, chapter or part
thereof shall be adjudged by any court of competent jurisdiction to be illegal,
invalid or unconstitutional, such judgment or decision shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
and application to the clause, sentence, subsection, section, article, chapter
or part thereof rendered. It is hereby declared to be the intent of the Board
of Supervisors that this article and the Code would have been adopted if such
illegal, invalid or unconstitutional clause, sentence, subsection, section,
article, chapter or part thereof had not been included therein.
All provisions of this article and of the Code shall be in force and
effect five days after the date of enactment.
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On October 1, 1962, the Supervisors of the Township of Montgomery
enacted a consolidation of the general body of Township ordinances, including
the amendment and renumbering of certain existing ordinances and the repeal
of certain other existing ordinances. The consolidation, which excluded the
Township's amusement tax, was enacted by Ordinance Nos. 1 through 19, which
are on file in the office of the Township Secretary and which are further
identified by title as follows:
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Ordinance No. 1. An ordinance prohibiting the dumping, storage,
accumulation and burning of rubbish, waste, garbage, ashes, paper and discarded
or refuse materials at or upon public or private property and fixing the fines
for the violation thereof; repeal of former Ordinance Nos. 1 and 53.
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Ordinance No. 2. An ordinance prohibiting nuisances, including
but not limited to accumulations of garbage and rubbish, the storage of abandoned
or junked automobiles on private and public property and the carrying on of
any offensive manufacture or business and the existence of any dangerous structure
on public or private ground and fixing the fines for the violation thereof;
repeal of former Ordinance Nos. 2 and 7.
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Ordinance No. 3. An ordinance regulating and requiring the
licensing of junk dealers in the Township of Montgomery, Montgomery County,
Pennsylvania, and prescribing penalties for violation.
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Ordinance No. 4. An ordinance defining and prohibiting disorderly
practices, all unnecessary noises tending to disturb the peace and quiet of
the community and providing penalties and fines therefor; repeal of former
Ordinance Nos. 4 and 68.
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Ordinance No. 5. An ordinance limiting the weight of vehicles
on Township roads, except boundary roads, and fixing the fines for violation
thereof and providing for the erection of signs giving notice thereof; repeal
of former Ordinance No. 5.
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Ordinance No. 6. Social Security for Township Employees.
An ordinance providing for the entrance into an agreement with the Commonwealth
of Pennsylvania so that certain Township employees shall be covered by the
Federal Social Security Act and providing for an appropriation from the general
Township treasury and deductions from the employees pay roll and payment of
such sums to the commonwealth as contributions to the Federal Insurance Plan.
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Ordinance No. 7. An ordinance making it unlawful to operate
a motor vehicle in excess of 35 miles per hour on the following Township roads:
Richardson Road, Line Street, Vilsmeier Road and Knapp Road; and providing
penalties for the violation thereof; repeal of former Ordinance Nos. 24, 38,
46 and 50.
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Ordinance No. 8. An ordinance prohibiting leaving outside
iceboxes, refrigerators and similar containers with airtight doors accessible
to children and providing fines for the violation thereof; repeal of former
Ordinance No. 25.
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Ordinance No. 9. An ordinance creating and establishing
in the Township of Montgomery a Planning Commission consisting of five members
and appointing the initial members as authorized by the Act of May 1, 1933,
P.L 103, as reenacted and amended.
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Ordinance No. 10. An ordinance to protect the public safety
by prohibiting the discharge of firearms, bows and arrows and hunting, except
in accordance with certain regulations; prohibiting the possession of loaded
firearms upon public streets and public property within the Township of Montgomery
and providing penalties for violation; repeal of former Ordinance Nos. 36,
65 and 72.
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Ordinance No. 11. An ordinance prohibiting dogs from running
at large within the Township; authorizing the impounding and destruction of
dogs and providing fines for the violation thereof; repeal of former Ordinance
No. 57.
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Ordinance No. 12. An ordinance licensing and regulating
the soliciting, peddling and transient retail business within the Township
of Montgomery; providing for application for license; establishing the procedure
for identification; establishing rules of conduct and providing for the enforcement
thereof and penalties for violations thereof; repeal of former Ordinance No.
60.
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Ordinance No. 13. An ordinance prohibiting parking on either
side of Bethlehem Pike Route 309 within the legal right-of-way thereof and
providing fines and imprisonment for violation of the same.
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Ordinance No. 14. An ordinance providing for the adoption
of the National Building Code, Abbreviated Edition, as the Building Code for
Montgomery Township and the adoption of the National Building Code, Unabridged
Edition, as regulations under the Building Code; the repeal of former Ordinance
Nos. 47, 62 and 71, which adopted the prior Building Code; establishing the
office and prescribing the duties of the Building Inspector or Official; and
establishing and promulgating a schedule of permit fees.
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Ordinance No. 15. An ordinance for the protection of public
health, prohibiting the placement of human excrement and other materials dangerous
to public health on the ground or in the ground, providing regulations for
cleaning of cesspools, septic tanks and other receptacles, and fixing the
fines for the violation thereof; repeal of former Ordinance Nos. 54, 58 and
70.
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Ordinance No. 16. An ordinance for the protection of public
health, regulating the construction and operation of sewage disposal systems;
setting minimum requirements for disposal of sewage and fixing fines for the
violation thereof; repeal of former Ordinance No. 17.
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Ordinance No. 17. The Montgomery Township Zoning Ordinance
of 1952, as amended in 1959; an amendment providing for the reclassification
of a certain district in Montgomery Township from R-1 Residential to R-2 Residential;
an amendment to Article IX, Section 902-C-1 and 2, pertaining to signs permitted
in commercial and shopping center districts, by adding a new Section 9O2-C-5,
permitting additional sign area on commercial and shopping center buildings,
amending Section 903-D to increase the permitted freestanding sign area in
LI Limited Industrial districts and amending Section 9O4-D-2 pertaining to
signs obscuring the view of the highway; an amendment rezoning a certain tract
with a frontage on the southeasterly side of Route 202 and on the northeasterly
side of Route 463 in Montgomery Township from C Commercial to S Shopping Center
District; an amendment to Article l, Section 103, providing for the repeal
of Montgomery Township former Ordinance Nos. 6, 14, 15, 20, 21, 22, 23, 26,
28, 29, 32, 33, 34, 35, 37, 39, 40, 43, 44, 45, 48, 49, 52, 55, 56, 61, 63,
66, 69, 73, 76, 77 and 80.
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Ordinance No. 18. An ordinance of the Township of Montgomery,
Montgomery County, Pennsylvania, regulating the subdivision and development
of land and prohibiting the opening, construction, naming or dedication for
public use or travel of any road, street, lane or alley or any drainage facilities
in connection therewith, except in accordance with plans submitted to and
approved by the Township Supervisors; prescribing the method of preparing
and filing such plans; providing for a performance bond and the kind and character
of improvements to be made; and providing penalties for violations; repeal
of former Ordinance Nos. 18 and 42.
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Ordinance No. 19. An ordinance repealing the following Montgomery
Township Ordinances: former Ordinance No. 3, Road Construction; former Ordinance
Nos. 8, 9, 10, 11, 12 and 13, defining and locating certain roads; and former
Ordinance No. 27, organizing the Montgomery Township Authority.
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