This chapter shall be known and may be cited
as the "Township of Ridley Zoning Ordinance."
B.
Applicability. This chapter requires that, within
the Township of Ridley, in the County of Delaware 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.
C.
County authority. The Delaware County Planning Commission
is empowered under Sections 607 and 609 of the Pennsylvania Municipalities
Planning Code (Act 170)[2] to submit its recommendations on the proposed adoption,
amendment or repeal of any municipal zoning ordinance or part thereof.
[2]
Editor's Note: See 53 P.S. §§ 10607
and 10609, respectively.
A.
General purposes. The zoning regulations and districts
herein set forth have been made in accordance with the Comprehensive
Plan and are designed:
(1)
To promote protect and facilitate any or all of the
following: the public health, safety, morals, and the general welfare;
coordinated and practical community development and proper density
of population; emergency management preparedness and operations, airports,
and national defense facilities, the provisions of adequate light
and air, access to incident solar energy, police protection, vehicle
parking and loading space, transportation, water, sewerage, schools,
recreational facilities public grounds, the provision of a safe, reliable
and adequate water supply for domestic, commercial, agricultural or
industrial use, and other public requirements; as well as preservation
of the natural, scenic and historic values in the environment and
preservation of forests, wetlands, aquifers and floodplains.
(2)
To prevent one or more of the following: overcrowding
of land, blight, danger and congestion in travel and transportation
loss of health, life or property from fire, flood, panic or other
damages.
(3)
To preserve prime agriculture and farmland considering
topography soil type and classification, and present use.
(4)
To provide for the use of land within the Township
for residential housing of various dwelling types encompassing all
basic forms of housing, including single-family and two-family dwellings,
and a reasonable range of multifamily dwellings in various arrangements,
mobile homes and mobile home parks.
(5)
To accommodate reasonable overall community growth,
including population and employment growth, and opportunities for
development of a variety of residential dwelling types and nonresidential
uses.
B.
Community development objectives. This chapter provides a legal basis and framework for future Township development and redevelopment. Its provisions are guided by the policies and proposals contained within the Ridley Township Comprehensive Plan and the community development objectives set forth in § 325-3A(1) to (5) inclusive.
A.
Enforcement notice.
(1)
If it appears to the Township that a violation of
this chapter has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided in this section.
(2)
The enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred, to any
person who has filed a written request to receive enforcement notices
regarding that parcel, and to any other person requested in writing
by the owner of record.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other
person against whom the Township intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this chapter.
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within a prescribed period of
time in accordance with procedures set forth in this chapter.
(f)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation, with possible sanctions clearly described.
B.
Causes of action. In case any building, structure,
landscaping or land is, or is proposed to be, erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this chapter, the Board of Commissioners, or the Zoning Officer,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, business or use constituting a violation.
When any such action is instituted by a landowner or tenant, notice
of that action shall be served upon the Township at least 30 days
prior to the time the action is begun by serving a copy of the complaint
on the Ridley Township Board of Commissioners. No such action may
be maintained until such notice has been given.
C.
Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under § 325-4D below.
D.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of this
chapter shall upon being found liable therefor in a civil enforcement
proceeding commenced by the Township, pay a judgment of not more that
$500 plus all court costs, including reasonable attorney fees incurred
by the Township as a result thereof. No judgment shall commence or
be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
not timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the District Justice 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 District Justice and thereafter
each day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over the Zoning Officer, payable
to the Township of Ridley.
(2)
The court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Township
of Ridley the right to commence any action for enforcement pursuant
to this section.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety and morals and general welfare
of the Township. It is not intended by this chapter to interfere with
or abrogate or annul the Ridley Township Building Code[1] or any rules, regulations or permits previously adopted
or issued thereunder, and not in conflict with any of the provisions
of this chapter; provided, however, that where this chapter imposes
a greater restriction upon the use of buildings or premises or upon
the height of the building, or requires larger open spaces than are
imposed or required by such ordinances, rules, regulations or permits,
the provisions of this chapter shall control.
