[HISTORY: Adopted by the Board of Supervisors of the Township of Bridgewater 7-18-2011 by Ord. No. 8-2011. Amendments noted where applicable.]
The intent of this chapter is to promote the general health, welfare and safety of the community.
This chapter supersedes any provisions currently in effect. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.
This chapter shall not create liability on the part of the municipality or any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
No building or structure, or any addition to an existing building or structure, shall be constructed within 35 feet of the road right-of-way line or front lot line.
No building or structure, or any addition to an existing building or structure, shall be constructed within 15 feet of the side lot line.
No building or structure, or any addition to an existing building or structure, shall be constructed within 15 feet of the rear lot line.
The minimum required setback from all bodies of water at the normal high-water mark shall be not less than 50 feet.
Editor's Note: See also the setback requirements of the Susquehanna County Subdivision and Land Development Ordinance.
The regulations prescribed in this chapter shall not be construed to require removal or other changes or alteration of any structure not conforming to the regulations set forth herein existing as of the effective date of this chapter. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which began prior to the effective date of this chapter and is diligently prosecuted.
Any person desiring to erect, alter, or construct a building or structure not in compliance with the regulations set forth herein may apply to the Board of Appeals for a variance from such regulations. Such variance shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in practical difficulty or unnecessary hardship, and relief granted will not be contrary to the public interest, will not create a hazard, will do substantial justice, and will be in accordance with the spirit of this chapter. Any variance granted may be made subject to any reasonable conditions that the Board of Appeals may deem necessary to effectuate the purposes of this chapter.
A request for variance must be addressed in writing to the Board of Appeals stating the reason for the request and all pertinent information relating to the request. A hearing will be scheduled within 45 days of receipt of such request. The Board of Appeals will have 30 days to deliver its decision.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Unless specifically defined in § 241-9, words and phrases used in this chapter shall be interpreted so as to give this chapter its most reasonable application.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF APPEALS
- Constitutes the Board of Supervisors or its designees.
- FRONT LOT LINE
- Any dividing line between the street and the lot. The dividing line between the street and the lot shall be the same as the legal right-of-way for the street, provided, where a future right-of-way width for a road or street has been established, that width shall determine the location of the dividing line between the street and the lot. A lot may have more than one front lot line if it borders upon more than one roadway or street. In the case of a lot with no street or road frontage, the line closest to any public roadway or street shall be considered the front lot line.
- LOT LINE
- Any boundary line of a lot.
- REAR LOT LINE
- Any lot line which is parallel to or within 45° of being parallel to a front lot line, except for a lot line that is itself a front lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line the farthest from any street shall be considered a rear lot line. Where there is only one lot line other than front lot lines, it shall be considered the rear lot line.
- SIDE LOT LINE
- Any lot line which is not a front lot line or a rear lot line. In the case of a triangular lot, those lot lines other than the front lot line shall be considered side lot lines.
- Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, barns, other outbuildings and other similar items.
This chapter shall become effective on July 18, 2011, and shall remain in force until modified, amended, or rescinded by the Township of Bridgewater, Susquehanna County, Pennsylvania.