Township of Upper Hanover, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Hanover as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Compensation for members — See § 90-2.
Subdivision and land development — See Ch. 425.
Zoning — See Ch. 500.
[Adopted 7-8-1997 by Ord. No. 97-3]

§ 77-1 Creation; membership and terms.

Upper Hanover Township shall join with the municipalities of East Greenville Borough, Pennsburg Borough, Red Hill Borough, Green Lane Borough and Marlborough Township to create the Upper Perkiomen Valley Regional Planning Commission as per the guidelines set forth under Section 1102 of the Pennsylvania Municipalities Code, Act 247 of July 31, 1968, as reenacted and amended.[1] Each participating municipality shall appoint two members. The term of each member shall be two years; however, initially each municipality shall appoint one member for a one-year term and a second member for a two-year term so that the terms of membership of the members appointed by the individual municipalities shall be on a staggered basis. Qualification of members, the removal of members, the conduct of business, etc., shall be governed by Article II of the Pennsylvania Municipalities Code.[2]
[1]
Editor's Note: See 53 P.S. § 11102.
[2]
Editor's Note: See 53 P.S. § 10201 et seq.

§ 77-2 Purpose.

A. 
The six municipalities of the Upper Perkiomen Valley have come to recognize that the issues associated with growth and development, such as, but not limited to, traffic congestion, air and water pollution, and loss of open space, are too large for any one municipality to deal with. They further recognize that current growth and anticipated growth, if not properly managed, will lead to the diminution of the region's quality of life. They are concerned that current zoning requirements which call for each and every municipality to provide for a full range of uses, regardless of historic development patterns, is inefficient and potentially destructive to the region's economic and social structure.
B. 
To this end, the six municipalities of the Upper Perkiomen Valley hereby embark on a course of action to implement regional planning and regional zoning. That only through regional planning and regional zoning can growth and development be rationally and fairly managed. Therefore, Upper Hanover Township empowers the Upper Perkiomen Valley Regional Planning Commission to undertake the development of a joint municipal comprehensive plan that shall encompass the six municipalities of the Upper Perkiomen Valley. Upon the successful completion of the joint municipal comprehensive plan and its adoption by all the participating municipalities, the participating municipalities may so instruct the Regional Planning Commission to undertake the development of a joint municipal zoning ordinance and zoning map.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 77-3 Powers and duties.

The Upper Perkiomen Valley Regional Planning Commission shall have the responsibility to prepare a joint municipal comprehensive plan for the six participating municipalities of the Upper Perkiomen Valley. To this end, the powers and duties of the Commission are as follows:
A. 
To prepare a joint municipal comprehensive plan pursuant to Articles III and XI of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10301 et seq. and 11101 et seq., respectively.
B. 
That in the preparation of the joint municipal comprehensive plan, the members of the Commission shall represent the interests of their respective municipalities and shall cast one vote per municipality on all matters that require action.
C. 
Upon the completion of the joint municipal comprehensive plan by the Commission and its adoption by all the participating municipalities, the Commission may be instructed by the participating municipalities to prepare a joint zoning ordinance and zoning map, which shall be presented to the participating municipalities for their consideration and adoption.
D. 
Should joint municipal zoning be formally adopted by the participating municipalities, the Regional Planning Commission shall review all proposed changes to the joint municipal zoning ordinance and zoning map and shall make a formal recommendation to the participating municipalities regarding said change. The recommendation of the Commission shall be advisory only.

§ 77-4 Local planning commissions and zoning hearing boards. [1]

Each municipality shall retain its own municipal planning commission and zoning hearing board. The participating municipalities agree that for all matters relating to lot line changes, subdivisions, land developments, variances, special exceptions and conditional uses, or any other matter of a planning or zoning nature in which jurisdiction resides in the governing body of a municipality, such matter shall not be a joint planning or joint zoning activity.
[1]
Editor's Note: Amended 8-11-2009 by Ord. No. 2009-06.

§ 77-5 Officers and terms.

The officers of the Upper Perkiomen Valley Regional Planning Commission shall consist of a Chairperson, Vice Chairperson, and Secretary, all of whom are to serve for a term of one year. The Chairperson and Vice Chairperson shall be members of the Commission, but the Secretary need not be a member of the Commission.

§ 77-6 Withdrawal. [1]

Any participating municipality may withdraw from the Regional Planning Commission after one month's formal notice. Upon receiving notice that a municipality wishes to withdraw from the Regional Planning Commission, the governing bodies of the remaining municipalities shall promptly schedule a meeting to consider whether the remaining municipalities wish to continue with the Regional Planning Commission. Should joint municipal zoning be enacted, notice of withdrawal shall be pursuant to the standards set forth in the Pennsylvania Municipalities Planning Code.[2]
[1]
Editor's Note: Amended 8-11-2009 by Ord. No. 2009-06.
[2]
Editor's Note: See 53 P.S. § 10808-A(c).
[Adopted 7-11-2000 by Ord. No. 00-2]

§ 77-7 Intent; ratification of prior action.

A. 
The Board of Supervisors of the Upper Hanover Township of Montgomery County hereby signifies its intention and desire to organize a planning commission under the provisions of the Pennsylvania Municipalities Planning Code, Act 247 of July 31, 1968, reenacted and amended by Act 170 of December 21, 1988, P.L. 1329.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
By enacting this article, the Board of Supervisors of the Upper Hanover Township of Montgomery County hereby adopts and ratifies to the extent permitted by law all actions of the Planning Commission which occurred prior to the enactment of this article.

§ 77-8 Members; terms. [1]

A. 
The Planning Commission shall consist of five members, all of whom shall be residents of Upper Hanover Township, Montgomery County, Pennsylvania. No member shall be an employee of the Township.
[Amended 4-10-2012 by Ord. No. 2012-04]
B. 
The term of office of the members shall be four years and shall expire on December 31.[2]
[2]
Editor's Note: Original Section 3, which contained the names, addresses and terms of office of the initial members of the Planning Commission, and which immediately followed this section, was repealed 8-11-2009 by Ord. No. 2009-06.
[1]
Editor's Note: Amended 8-11-2009 by Ord. No. 2009-06.

§ 77-9 Powers and duties.

A. 
The Planning Commission shall, at the request of the Board of Supervisors, have the power and shall be required to:
(1) 
Prepare the Comprehensive Plan for the development of the municipality as set forth in the MPC[1] and present it for the consideration of the Board of Supervisors;
[1]
Editor's Note: See the Municipalities Planning Code, 53 P.S. § 10101 et seq.
(2) 
Maintain and keep on file records of its actions. All records and files of the Planning Commission shall be in the possession of the Board of Supervisors.
B. 
The Planning Commission, at the request of the Board of Supervisors, may:
(1) 
Make recommendations to the Board of Supervisors concerning the adoption of or amendment of an Official Map.
(2) 
Prepare and present to the Board of Supervisors a Zoning Ordinance and make recommendations to the Board of Supervisors on proposed amendments to it.
(3) 
Prepare, recommend and administer subdivision and land development and planned residential development regulations.
(4) 
Prepare and present to the Board of Supervisors a Building Code and a Housing Code and make recommendations concerning proposed amendments thereto.
(5) 
Do such other acts or make studies as may be necessary to fulfill the duties and obligations imposed by the MPC.
(6) 
Prepare and present to the Board of Supervisors an environmental study.
(7) 
Submit to the Board of Supervisors a recommended capital improvements program.
(8) 
Prepare and present to the Board of Supervisors a water survey, which shall be consistent with the state water plan and any applicable water resources plan adopted by a river basin commission. The water survey shall be conducted in consultation with any public water supplier in the area to be surveyed.
(9) 
Promote public interest in and understanding of the Comprehensive Plan and planning.
(10) 
Make recommendations to governmental, civic and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals.
(11) 
Hold public hearings and meetings.
(12) 
Present testimony before any board.
(13) 
Require from other departments and agencies of the municipality such available information as relates to the work of the planning agency.
(14) 
In the performance of its functions, enter upon any land to make examinations and land surveys, with the consent of the owner.
(15) 
Prepare and present to the Board of Supervisors a study regarding the feasibility and practicability of using renewable energy sources in specific areas within the municipality.
(16) 
Review the Zoning Ordinance, Subdivision and Land Development Ordinance, Official Map, provisions for planned residential development and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.

§ 77-10 Acceptance of assistance.

The Planning Commission may, with the consent of the Board of Supervisors, accept and utilize any funds, personnel or other assistance made available by the county, the commonwealth or the federal government, or any of their agencies, or from private sources. The Board of Supervisors may enter into agreements or contracts regarding the acceptance or utilization of the funds or assistance in accordance with the governmental procedures of the municipality.