This chapter shall be known as and may be cited as the "Middle
Smithfield Township Zoning Ordinance of 2010-A," as amended from time
to time.
A.
The language of this ordinance shall be interpreted, where doubt
exists as to the intended meaning of the language, in favor of the
property owner and against any implied extension of the restriction.
B.
Where
more than one provision of this ordinance controls a particular matter,
the provision that is more restrictive upon uses and structures shall
apply.
C.
The provisions of this ordinance are in addition to any other
federal, state or local applicable rules and regulations.
D.
The names "Township," "Township of Middle Smithfield" and "Middle
Smithfield Township" may be used interchangeably throughout this ordinance
with the same intent.
E.
The terms "ordinance" and "chapter" may also be used interchangeably
with the same intent.
F.
The terms "governing body," "Board of Supervisors" and the "Middle
Smithfield Township Board of Supervisors" may be used interchangeably
with the same intent.
G.
Chapter, division and section headings are not regulatory.
A.
This chapter constitutes a comprehensive amendment and revision
of the Middle Smithfield Township Zoning Ordinance of 2010, including
the Zoning Map, and any amendments thereto, which constituted a comprehensive
amendment and revision to the previously enacted Middle Smithfield
Township Zoning Ordinance of 2004, and any amendments thereto.
B.
This chapter is intended to:
(1)
Provide the regulations for permitting, prohibiting, regulating
and determining, to the extent not superseded or preempted by federal
or state law, the uses of land, watercourses and other bodies of water
to be occupied by uses and structures and open space, as well as areas,
courts, yards and other open spaces and distances to be left unoccupied
by uses and structures;
(2)
Regulate the size, height, bulk, location, erection, construction,
repair, expansion, maintenance, alteration, razing, removal and use
of structures;
(3)
Establish the density of population and intensity of use;
(4)
Provide for the protection and preservation of natural and historic
resources and prime agricultural lands and activities; and
(5)
Provide for the administration and enforcement of this chapter
in accordance with the Pennsylvania Municipalities Planning Code,[1] as amended (hereinafter referred to as the "MPC"), including
provisions for conditional uses to be administered by the governing
body and for special exceptions and variances to be administered by
a Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The purpose of this chapter is the implementation of the Middle
Smithfield Township Comprehensive Plan Update: 2022, adopted January
27, 2022 (hereinafter referred to as "Comprehensive Plan"), and the
promotion of the health, safety, convenience, order, and welfare of
present and future inhabitants of Middle Smithfield Township.
[Amended 6-9-2022 by Ord. No. 233]
[Amended 6-9-2022 by Ord. No. 233]
A.
This
chapter is generally consistent with the Comprehensive Plan; however,
where there is a conflict between the Comprehensive Plan and this
chapter, then this chapter shall prevail.
B.
It
is the general intent of this chapter that Chapter 3, Considerations
for Future Land Use and Development Practices, of the Comprehensive
Plan shall be followed,
Following the effective date of this ordinance:
A.
No structure shall be erected, constructed, razed, moved, altered,
rebuilt or enlarged; and no use of a structure or land or water area
shall be established or changed for any purpose nor in any manner
except in conformity with all regulations, requirements and controls
and after issuance of a zoning permit as specified in this ordinance,
except as hereinafter provided.
B.
No structure hereafter constructed, erected, rebuilt, enlarged
or altered nor any use of land or water areas established under a
zoning permit shall be occupied or used in whole or in part for any
use whatsoever, and no change of use of any structure or land or water
area shall hereafter be made until a certificate of occupancy issued
by a Township-authorized Building Code Official and/or a change of
use permit and/or a certificate of compliance has been issued by the
Zoning Officer indicating that the structure or use complies with
all other applicable provisions of this ordinance.
A.
Pursuant to the MPC, this ordinance amendment was reviewed by
the Middle Smithfield Township Planning Commission (hereinafter referred
to as "Planning Commission") as well as the Monroe County Planning
Commission.
B.
Public notice of the public hearing held before the Board of
Supervisors for their consideration of this ordinance was properly
advertised in the Pocono Record. The proposed ordinance was also published
on the Township's website at www.middlesmithfieldtownship.com.
C.
The governing body, acting on authority conferred by the MPC, and after public hearing, hereby enacts and ordains the "Middle Smithfield Township Zoning Ordinance of 2010-A" and "Middle Smithfield Township Official Zoning Map of 2010-A," attached hereto and incorporated herein by reference, as Chapter 200, entitled "Zoning," of the Code of the Township of Middle Smithfield.
Allegations that this ordinance or any amendment hereto was
enacted in a procedurally defective manner shall be appealed as provided
in Pennsylvania law.
A.
This ordinance shall apply throughout the Township of Middle Smithfield.
Any of the following activities or any other activity regulated by
this chapter shall only be carried out in conformity with this chapter,
to wit:
B.
A zoning permit is required to be issued prior to the start of any
of the following activities throughout the Township of Middle Smithfield:
C.
A certificate of compliance is required throughout the Township of
Middle Smithfield.
(1)
It shall be unlawful to use and/or occupy any principal building
and/or any accessory structure that requires Building Code compliance
or establish any new or replacement principal nonresidential use and/or
any replacement accessory structure that requires Building Code compliance
until a zoning permit and/or certificate of compliance for such building,
structure or use has been issued by the Zoning Officer.
(2)
The Zoning Officer may allow the zoning permit application to
serve as the application for the certificate of compliance, depending
on the certificate of occupancy being issued.
(3)
A certificate of compliance shall only be issued by the Zoning
Officer if the Zoning Officer determines that the activity complies
with this chapter, to the best of the Zoning Officer's knowledge,
information and belief. The Township may also withhold issuance of
the certificate until there is compliance with other Township ordinances,
including, but not limited to, the Subdivision and Land Development
Ordinance (SALDO),[1] as amended from time to time.
(4)
The applicant shall keep a copy of the certificate of compliance
as well as the certificate of occupancy, if applicable, available
for inspection.
(5)
Upon the request of an applicant, the Zoning Officer may issue
a temporary certificate of compliance; such temporary certificate(s)
may permit an activity to occur in all or part of a structure before
the entire work covered by the permit has been completed.
(a)
Temporary certificate(s) shall only be issued if
the applicant proves to the satisfaction of the Zoning Officer that
the activity or occupancy can occur safely without endangering public
health or safety.
(b)
The temporary certificate shall establish, in writing,
a maximum time period under which it is valid; a six-month maximum
time period shall apply if not otherwise specified.
(c)
Failure to receive a zoning permit, certificate
of compliance and/or certificate of occupancy (from the Building Department)
within such time period shall be a violation of this chapter.
(d)
The temporary certificate may be conditioned upon
compliance with certain specific requirements within certain time
periods.
D.
Ordinary repairs and maintenance. An ordinary repair and/or
maintenance to an existing structure shall not by itself be regulated
by this chapter; however, a construction permit under any Township
Building Code may be needed for such work.
These regulations shall not create any liability on the part
of the Middle Smithfield Township Board of Supervisors, the Planning
Commission or any employee or lawfully appointed officer or consultant
of the Township for damages that may result from reliance on this
chapter, any amendment thereto, or any administrative decisions lawfully
made thereunder.
A.
If a court of competent jurisdiction declares any provision of this
ordinance to be illegal, invalid or unenforceable, in whole or in
part, the effect of such decision shall be limited to those provisions
which are expressly stated in the decision to be illegal, invalid
or unenforceable, and all other provisions of this ordinance shall
continue in full force and effect.
B.
If the entire ordinance should be declared illegal, invalid or unenforceable
by a court of competent jurisdiction, then the Zoning Ordinance that
was in effect immediately prior to the enactment of this new ordinance
shall automatically be reinstated as the Township's Zoning Ordinance.
This ordinance shall take effect five days after the date of
its enactment.
On the effective date of this ordinance, the "Middle Smithfield
Township Zoning Ordinance of 2010," as amended from time to time,
is hereby repealed, as well as any other Township ordinances, resolutions
or otherwise that are clearly in direct conflict with this chapter.
