[Ord. 5/9/1972, § 100]
An ordinance regulating the use of land area, watercourses and
water bodies; the size, height, bulk, location, erection, construction,
repair, maintenance, alteration, razing, removal and use of structures;
areas and dimensions of land and bodies of water to be occupied by
uses and structures, as well as areas, courts, yards and other open
spaces and distances to be left unoccupied by uses and structures;
and the density of population and intensity of use. This chapter may
be cited as the "Montour Township Zoning Ordinance."
[Ord. 5/9/1972, § 110; as amended by Ord. 12/12/1991B, § 1; and by Ord. 9/9/2004, § 1]
1. Grant of Power. Section 601 of the Pennsylvania Municipalities Planning
Code (Act 247 of 1968, as amended), 53 P.S. § 10601, provides
that the Montour Township Supervisors may implement the Montour Township
Comprehensive Plan and other officially adopted plans or accomplish
any of the purposes of Act 247 by enacting a zoning ordinance, providing
for mediation, appeals and penalties for violations.
2. Applicability. This chapter requires that, within Montour Township,
in the County of Columbia and the Commonwealth of Pennsylvania, no
land, body of water or structure shall hereafter be used or occupied
and no structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered unless in conformity
with all the regulations and procedures herein specified for the district
in which such land, body of water or structure is located. Where required
herein, a zoning permit shall be secured and displayed as evidence
of compliance with this chapter.
3. County Authority. The Columbia County Planning Commission is empowered
under Section 607 of the Pennsylvania Municipalities Planning Code
(Act 247), 53 P.S. § 10607, to submit its recommendations
upon the proposed adoption, amendment or repeal of any municipal zoning
ordinance or part thereof. Proposals shall be submitted to the County
Planning Commission at least 45 days in advance of the public hearing
by the Board of Supervisors.
[Ord. 5/9/1972, § 120; as amended by Ord. 12/12/1991B, § 2; and by Ord. 9/9/2004, §§ 2,
3, 4]
1. General Purposes. The zoning regulations and districts herein set
forth have been made in accordance with the Montour Township Comprehensive
Plan and are designed to:
A. Promote, protect and facilitate the public health, safety, morals,
general welfare, coordinated and beneficial community development,
convenience, future governmental, social and cultural facilities,
economic well-being and growth, future viability of agricultural operations
(including their expansion and change to remain viable), existing
neighborhoods, appropriate density of population, emergency preparedness
and response, the provision of adequate light and air, police protection,
vehicle parking and loading space, safe and adequate transportation,
adequate quantity and quality of water supply, proper sewage disposal,
schools, public grounds and other public services requirements.
B. Permit, prohibit, regulate, restrict and determine the appropriate
intensity of land use to prevent overcrowding of land, blight, vibration,
danger and congestion in travel and transportation, loss of health,
life or property from fire, flood, panic or other dangers, while providing
for reasonable expansion of mineral resource extraction.
[Amended 12/11/2008]
C. Permit, prohibit, regulate, restrict and determine the appropriate
intensity of land use to protect and preserve natural resources and
open space, forests, woodlands, historic resources, prime agricultural
land through easements or zoning, and protection of access for forestry
operations, community amenities and environmental quality, promote
flexibility, economy, efficient use of resources, and ingenuity in
the design and development of land, encourage improved site planning.
D. Correct problems as may presently exist and attempt to prevent problems
which may be foreseen.
E. Coordinate proposed street, parks, and other public use facilities
with existing Montour Township facilities, features and policies and
with adjacent municipalities and governmental agencies where the proposed
development and facilities will create impact upon that municipality
or agency.
2. Community Development Objectives. This chapter provides a legal basis
and framework for future community development. Its provisions are
guided by the goals, objectives and proposals contained within the
Montour Township Comprehensive Plan.
[Ord. 5/9/1972, § 130; as amended by Ord. 12/15/1987; and by Ord. 12/12/1991B]
1. Remedies. In any case where any building, structure or land is or
is proposed to be erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter or any duly enacted
amendment hereof, the governing body or Township Zoning Officer or
any aggrieved property owner may, in addition to other remedies provided
by law, after giving 30 days' notice and a copy of the complaint
to the Township, institute appropriate action or proceeding to prevent,
restrain, correct or abate such building, structure or land use or
to prevent, in or about such premises, any act, conduct, business
or use constituting a violation.
2. Violations and Penalties. It shall be unlawful to erect, construct,
reconstruct, alter, maintain or use any building or structure or to
use any land in violation of any regulation or provision of this chapter
or any duly enacted amendment hereof. Any person, partnership or corporation
who or which shall violate the provisions of this chapter shall, upon
being found liable therefor in a civil enforcement proceeding, pay
a judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by Montour Township as a result thereof. All
judgments, costs and reasonable attorney fees collected for such violations
shall be paid over to Montour Township. No judgment shall commence
or be imposed, levied or payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor files a timely appeal of the judgment, Montour Township
shall enforce the judgment pursuant to the applicable rules of civil
procedure. Each day that a violation continues shall constitute a
separate violation, unless the Magisterial District Judge, determining
that there has been a violation, further determines that there was
a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation.
3. Nothing contained in this chapter shall be construed or interpreted
to grant to any person or entity other than Montour Township and its
designee the right to commence any action for enforcement pursuant
to this chapter.