Township of Lower Salford, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Salford 4-22-1999 by Ord. No. 99-5. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 31.
Water Authority — See Ch. 43.
Sewers — See Ch. 135.
Subdivision and land development — See Ch. 142.
Zoning — See Ch. 164.

§ 32-1 Creation; membership; terms.

Lower Salford Township shall join with the municipalities of Telford and Souderton Boroughs and Salford, Upper Salford and Franconia Townships to create the Indian Valley Regional Planning Commission pursuant to the guidelines set forth under Section 1102 of the Pennsylvania Municipalities Planning Code, Act 247 of July 31, 1968, as reenacted and amended.[1] Each participating municipality shall appoint two members to the Indian Valley Regional Planning Commission. The term of each member shall be two years; however, initially each municipality shall appoint one member for a one-year term and the second member for a two-year term so that the terms of members appointed by the individual municipalities will be on a staggered basis. Qualification of members, the removal of members, the conduct of business, etc., shall be governed by Article II and Article XI of the Pennsylvania Municipalities Planning Code.[2]
[1]
Editor's Note: See 53 P.S. § 11102.
[2]
Editor's Note: See 53 P.S. §§ 10201 et seq. and 11101 et seq., respectively.

§ 32-2 Purpose.

A. 
The six municipalities of the Indian Valley have come to recognize that the issues associated with growth and development, such as traffic congestion, air and water pollution and loss of open space, among other issues, may be better addressed on a regional basis. They further recognize that current growth and anticipated growth, if not properly managed, will lead to the diminution of the quality of life within the region. They are concerned that current zoning requirements[1] calling for each and every municipality to provide for a full range of uses, regardless of historic development patterns, may be inefficient and potentially destructive to the region's economic and social structure.
[1]
Editor's Note: See Ch. 164, Zoning.
B. 
In an effort to improve the region's economic and social structure, the six municipalities of the Indian Valley hereby propose to investigate the implementation of regional planning to fairly and rationally manage growth and development. Therefore, Lower Salford Township empowers the Indian Valley Regional Planning Commission to undertake the development of a Joint Municipal Comprehensive Plan encompassing the six municipalities of the Indian 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.

§ 32-3 Powers and duties.

The Indian Valley Regional Planning Commission shall have the responsibility to prepare a Joint Municipal Comprehensive Plan. To this end, the powers and duties of the Commission are as follows:
A. 
To prepare a Joint Municipal Comprehensive Plan pursuant to Article III and Article 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. 
Any vote taken by Commission members pertaining to regional planning and regional zoning must be unanimous to pass. All procedural or other non-planning- or non-zoning-related matters may be approved by simple majority.
D. 
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 Municipal Zoning Ordinance and Zoning Map which shall be presented to the participating municipalities for their consideration and adoption.
E. 
If so directed by the participating municipalities to develop a Regional Zoning Ordinance and Zoning Map, the Regional Zoning Ordinance and Zoning Map shall be prepared pursuant to Article VI and Article VIII-A of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. §§ 10601 et seq. and 10801-A et seq., respectively.
F. 
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.

§ 32-4 Local Planning Commissions and Zoning Hearing Boards.

Each municipality shall retain its own Municipal Planning Commission and Zoning Hearing Board. The participating municipalities agree that 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 within the governing body of a municipality, shall not be a joint planning or joint zoning activity.

§ 32-5 Indian Valley Intergovernmental Cooperative Implementation Agreement.

[Added 7-6-2005 by Ord. No. 2005-11[1]]
That certain agreement entitled "Indian Valley Intergovernmental Cooperative Implementation Agreement" prepared for the municipalities of Souderton Borough, Telford Borough, Franconia Township, Lower Salford Township, Salford Township and Upper Salford Township, draft dated May 17, 2005, is hereby adopted by the Lower Salford Township Board of Supervisors as the implementation agreement for the Indian Valley Regional Planning Commission and the Indian Valley Regional Comprehensive Plan. Any amendments to the Indian Valley Intergovernmental Cooperative Implementation Agreement shall be by unanimous consent of all member municipalities.
[1]
Editor's Note: This ordinance also repealed former § 32-5, Withdrawal.

§ 32-6 Severability.

The provisions of this chapter are severable, and, if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses or provisions of this chapter. It is hereby declared to be the intent of this Board that this chapter would have still been adopted even if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.

§ 32-7 When effective.

This chapter shall be effective upon its enactment by all the participating municipalities.