This article is adopted pursuant to authority granted in the Pennsylvania Intergovernmental Cooperation Act, Act 177 of 1996, 53 Pa.C.S.A. § 2301 et seq., as amended (the "Act"), or as may be amended from time to time, and by Article
III of the Pennsylvania Municipalities Planning Code ("MPC"), 53 P.S. §§ 10301 through 10307, which authorizes multimunicipal comprehensive planning.
The Township Board of Supervisors, along with the Board of Supervisors
of Amity Township, Berks County, Pennsylvania ("Amity Township") and
the Borough Council of St. Lawrence, Berks County, Pennsylvania ("St.
Lawrence Borough") agree to enter into a Joint Comprehensive Plan
intergovernmental agreement ("agreement") in the form attached hereto,
incorporated herein, and marked as Exhibit "A."
The purpose of the agreement is to accomplish the ten-year review
required by Section 301(c) of the MPC [53 P.S. § 10301(c)],
as amended, and to make any required amendments to the Joint Comprehensive
Plan, including, but not limited to, demographics, current and future
land uses and future population growth areas.
Pursuant to and in accordance with the above-referenced authority,
the Township is hereby authorized and directed to enter into the agreement
with Amity Township and St. Lawrence Borough for the purposes contained
therein.
The only parties to the agreement shall be the Township, Amity
Township and St. Lawrence Borough. Each municipality shall adopt and
retain in effect an ordinance authorizing entry into the agreement
and shall comply with all requirements of said ordinance, the agreement
and other applicable policies, including financial requirements.
As required by the Act, the following matters are specifically
found and determined:
A. The conditions of the agreement between the parties are set forth
in the attached incorporated agreement;
B. The agreement shall continue in effect until termination by a subsequent
ordinance of the Township, Amity Township or St. Lawrence Borough,
in accordance with the terms of the agreement, the Act, the MPC and
any other applicable law;
C. The purposes and objectives of the agreement are set forth hereinabove
and in the agreement, and actions contemplated thereby and purposes
and objectives contained therein are otherwise legal as part of an
arrangement between the above-stated municipalities, thereby achieving
economic and other advantages of intergovernmental cooperation;
D. All property, real or personal, shall be acquired, managed or disposed
of by the municipalities in accordance with the terms of the agreement;
E. The organization and administration of the agreement shall be undertaken
in accordance with the terms of the agreement.
If any section, subsection, provision, regulation, limitation,
restriction, sentence, clause, phrase or word in this article is,
for any reason, declared to be illegal, unconstitutional or invalid
by any court of competent jurisdiction, this decision shall not affect
or impair the validity of the article as a whole, or any other article,
section, subsection, provision, regulation, limitation, restriction,
sentence, clause, phrase, word, or remaining portion of the within
article. The Board of Supervisors of the Township of Exeter of Berks
County, Pennsylvania, hereby declares that it would have adopted the
within article and each section, subsection, provision, regulation,
limitation, restriction, sentence, clause, phrase and word thereof,
irrespective of the limitations, restrictions, sentences, clauses,
phrases, or word that may be declared illegal, unconstitutional or
invalid.
The ordinances of the Township shall be and remain unchanged
and in full force and effect except as amended, supplemented or modified
by this article. This article shall become a part of the ordinances
of the Township upon the earliest date permitted by applicable law.