[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Salford 4-22-1999 by Ord. No. 99-5.
Amendments noted where applicable.]
Lower Salford Township shall join with the municipalities of Telford
and Souderton Boroughs and Salford, Upper Salford and Franconia Townships
to create the Indian Valley Regional Planning Commission pursuant to the guidelines
set forth under Section 1102 of the Pennsylvania Municipalities Planning Code,
Act 247 of July 31, 1968, as reenacted and amended.[1] Each participating municipality shall appoint two members to the
Indian Valley Regional Planning Commission. The term of each member shall
be two years; however, initially each municipality shall appoint one member
for a one-year term and the second member for a two-year term so that the
terms of members appointed by the individual municipalities will be on a staggered
basis. Qualification of members, the removal of members, the conduct of business,
etc., shall be governed by Article II and Article XI of the Pennsylvania Municipalities
Planning Code.[2]
A.
The six municipalities of the Indian Valley have come
to recognize that the issues associated with growth and development, such
as traffic congestion, air and water pollution and loss of open space, among
other issues, may be better addressed on a regional basis. They further recognize
that current growth and anticipated growth, if not properly managed, will
lead to the diminution of the quality of life within the region. They are
concerned that current zoning requirements[1] calling for each and every municipality to provide for a full
range of uses, regardless of historic development patterns, may be inefficient
and potentially destructive to the region's economic and social structure.
B.
In an effort to improve the region's economic and
social structure, the six municipalities of the Indian Valley hereby propose
to investigate the implementation of regional planning to fairly and rationally
manage growth and development. Therefore, Lower Salford Township empowers
the Indian Valley Regional Planning Commission to undertake the development
of a Joint Municipal Comprehensive Plan encompassing the six municipalities
of the Indian Valley. Upon the successful completion of the Joint Municipal
Comprehensive Plan, and its adoption by all the participating municipalities,
the participating municipalities may so instruct the Regional Planning Commission
to undertake the development of a Joint Municipal Zoning Ordinance and Zoning
Map.
The Indian Valley Regional Planning Commission shall have the responsibility
to prepare a Joint Municipal Comprehensive Plan. To this end, the powers and
duties of the Commission are as follows:
B.
That in the preparation of the Joint Municipal Comprehensive
Plan, the members of the Commission shall represent the interests of their
respective municipalities and shall cast one vote per municipality on all
matters that require action.
C.
Any vote taken by Commission members pertaining to regional
planning and regional zoning must be unanimous to pass. All procedural or
other non-planning- or non-zoning-related matters may be approved by simple
majority.
D.
Upon the completion of the Joint Municipal Comprehensive
Plan by the Commission, and its adoption by all the participating municipalities,
the Commission may be instructed by the participating municipalities to prepare
a Joint Municipal Zoning Ordinance and Zoning Map which shall be presented
to the participating municipalities for their consideration and adoption.
E.
If so directed by the participating municipalities to
develop a Regional Zoning Ordinance and Zoning Map, the Regional Zoning Ordinance
and Zoning Map shall be prepared pursuant to Article VI and Article VIII-A
of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. §§ 10601 et seq. and 10801-A
et seq., respectively.
F.
Should joint municipal zoning be formally adopted by
the participating municipalities, the Regional Planning Commission shall review
all proposed changes to the Joint Municipal Zoning Ordinance and Zoning Map,
and shall make a formal recommendation to the participating municipalities
regarding said change. The recommendation of the Commission shall be advisory
only.
Each municipality shall retain its own Municipal Planning Commission
and Zoning Hearing Board. The participating municipalities agree that all
matters relating to lot line changes, subdivisions, land developments, variances,
special exceptions and conditional uses, or any other matter of a planning
or zoning nature in which jurisdiction resides within the governing body of
a municipality, shall not be a joint planning or joint zoning activity.
[Added 7-6-2005 by Ord. No. 2005-11[1]]
That certain agreement entitled "Indian Valley Intergovernmental Cooperative
Implementation Agreement" prepared for the municipalities of Souderton Borough,
Telford Borough, Franconia Township, Lower Salford Township, Salford Township
and Upper Salford Township, draft dated May 17, 2005, is hereby adopted by
the Lower Salford Township Board of Supervisors as the implementation agreement
for the Indian Valley Regional Planning Commission and the Indian Valley Regional
Comprehensive Plan. Any amendments to the Indian Valley Intergovernmental
Cooperative Implementation Agreement shall be by unanimous consent of all
member municipalities.
[1]
Editor's Note: This ordinance also repealed former § 32-5,
Withdrawal.
The provisions of this chapter are severable, and, if any section, sentence,
clause, part or provision hereof shall be held illegal, invalid or unconstitutional
by any court of competent jurisdiction, such decision of the court shall not
affect or impair the remaining sections, sentences, clauses or provisions
of this chapter. It is hereby declared to be the intent of this Board that
this chapter would have still been adopted even if such illegal, invalid or
unconstitutional section, sentence, clause, part or provision had not been
included herein.
This chapter shall be effective upon its enactment by all the participating
municipalities.
