[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.
A.
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.
B.
No building or structure, or any addition to an existing building
or structure, shall be constructed within 15 feet of the side lot
line.
C.
No building or structure, or any addition to an existing building
or structure, shall be constructed within 15 feet of the rear lot
line.
D.
The minimum required setback from all bodies of water at the normal
high-water mark shall be not less than 50 feet.
[1]
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.
A.
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.
B.
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:
Constitutes the Board of Supervisors or its designees.
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.
Any boundary line of a lot.
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.
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.
