Adopting Ordinance
ORDINANCE NO. 128
An ordinance adopting the Code of Ordinances of the Township of Smithfield, Monroe County, Pennsylvania; consolidating, revising, amending and repealing certain ordinances; enacting certain new provisions; providing a procedure for amending the Code and for the citation of the Code and the effective date thereof; establishing responsibility for maintenance of the Code; saving certain provisions from repeal; and prescribing penalties for violation.
The Township of Smithfield hereby ordains:
Section 1. Adoption. The "Code of Ordinances, Township of Smith-field," as prepared and published for the said Township by Penns Valley Publishers, Harrisburg, Pennsylvania, is hereby adopted as a consolidation, codification and revision of the ordinances of the Township. Chapters 1 through 27 thereof contain the text of the body of all general administrative and penal ordinances of the Township of Smithfield organized as follows:
Chapter 1 . . . . . Administration and Government
Chapter 4 . . . . . Buildings
Chapter 6 . . . . . Conduct
Chapter 7 . . . . . Fire Prevention and Fire Protection
Chapter 8 . . . . . Flood Plain Regulations
Chapter 10 . . . . . Health and Safety
Chapter 13 . . . . . Licenses, Permits and General Business Regulations
Chapter 14 . . . . . Mobile Homes and Mobile Home Parks
Chapter 15 . . . . . Motor Vehicles and Traffic
Chapter 16 . . . . . Parks and Recreation
Chapter 18 . . . . . Sewers and Sewage Disposal
Chapter 20 . . . . . Solid Waste
Chapter 21 . . . . . Streets and Sidewalks
Chapter 22 . . . . . Subdivision and Land Development
Chapter 24 . . . . . Taxation, Special
Chapter 26 . . . . . Water
Chapter 27. . . . . Zoning
Appendix:
A . . . . . Annexation of Territory
B . . . . . Bond Issues and Loans
C . . . . . Franchise and Services
D . . . . . Governmental and Intergovernmental Affairs
E . . . . . Plan Approval
F . . . . . Public Property
G . . . . . Sewers
H . . . . . Streets and Sidewalks
I . . . . . Water
J . . . . . Zoning; Prior Ordinances
Key to the Disposition of All Ordinances
The Appendix of the volume lists, by subject matter, in chronological order, the titles (or an abstract of title) of enactments of special nature or of historical interest, for the complete text of which the official records of the Township of Smithfield shall be authoritative.
Section 2. Citation and Effective Date. The codification referred to in Section 1 of this ordinance shall be known and cited officially as the "Township of Smithfield Code of Ordinances", and all future ordinances shall make reference thereto. This ordinance shall become effective immediately upon publication of notice of final enactment as required by law.
Section 3. Saving Clause. The provisions of the Township of Smith-field Code of Ordinances, so far as they are the same as those ordinances and regulations in force immediately prior to the adoption of said Code, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of the Township of Smithfield Code of ordinances shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations.
Section 4. Consolidation and Revision. As a necessary part of codification, the following provisions are hereby consolidated and revised as indicated:
A. Consolidations
Chapter, Part, Section |
Subject |
Ordinance No. |
15, Entire Chapter |
Motor Vehicles |
1, 42, 50, 52, Res. 11/4/1976, Res. 2/22/1977, 65, 90, 93, 108 |
B. Revisions
Chapter, Part, Section |
Subject |
Ordinance No. |
1, Part 1, §101 |
Creation of Planning Commission |
13 |
Section 5. New Enactments, Amendments and Repeals. As a necessary part of codification, the following ordinances are hereby enacted, amended and repealed as summarized by short title:
A. New Enactments
Chapter, Part, Section |
Short Title |
1, Part 4, §§401-403 |
Firemen’s Relief Association |
6, Part 1, §§101-103 |
Discharge of Firearms |
14, Part 1, §§101-114 |
Mobile Home Parks |
20, Entire chapter |
Solid Waste |
21, Part 2, §§201-206 |
Construction of Driveways |
21, Part 3, §§301-305 |
Repair of Motor Vehicles |
24, Part 2, §§201-217 |
Realty Transfer Tax |
26, Part 2, §§201-284 |
Storm Water Management and Earth Disturbance |
B. Amendments
Chapter, Part, Section |
Short Title |
Ordinance No. |
7, Part 1, §105 |
Fees |
116 |
13, Part l, §101 |
Permits |
97 |
13, Part 2, §203 |
Transient Retail Business; Exceptions |
125, §3 |
13, Part3, §302 |
Application for Garage Sale Permit |
77, §2 |
24, Part 3, § 310 |
Collection of Delinquent Earned Income Tax |
21 |
C. Repeals
Ord. No. |
Short Title |
8 |
Junk Dealers |
9 |
Regulating the Collection of Ashes and Garbage |
14 |
Per Capita Tax |
18 |
Per Capita Tax |
20 |
Per Capita Tax |
36 |
Building Permits |
37 |
Truck Terminals |
Section 6. Land Use Code Amendments. The Township of Smithfield Code of Ordinances is hereby amended as is more fully shown in the complete text of Chapters 22 and 27 thereof which is attached hereto and made part hereof by reference hereto as if fully set out at length herein, with deletions shown by strike-through and additions shown by underline, all of which is briefly summarized hereinafter.
A. New Provisions. The following provisions are new provisions which are being added to the Code, are underlined throughout the text, and are summarized as follows:
Chapter, |
Part, |
Section |
Subject |
22, |
4, |
410 |
Release From Improvement Bond |
22, |
4, |
411 |
Remedies to Effect Completion of Improvements |
22, |
10, |
1003 |
Preventive Remedies |
27, |
4, |
404 |
Performance and Traffic Impact Requirements |
27, |
6, |
607 |
Conversions |
27, |
7, |
708 |
Enforcement Notice |
27, |
8, |
805 |
Conditional Uses |
27, |
8, |
806 |
Parties Appellant Before the Board |
27, |
8, |
807 |
Time Limitations |
27, |
8, |
808 |
Stay of Proceedings |
27, |
9, |
901 |
Enactment of Zoning Ordinance Amendments |
27, |
9, |
902 |
Procedure for Landowner Curative Amendments |
27, |
9, |
903 |
Procedure for Township Curative Amendments |
27, |
11, |
1101-1115 |
Airport Regulations |
B. Revised Provisions. The following provisions of the Code are revised, the text of which indicates deletions by strike-through and additions by underline, and are summarized as follows:
Chapter, |
Part, |
Section |
Subject |
Ordinance No. |
22, |
1, |
116 |
Fines |
96, §16 |
22, |
2, |
202 |
Preliminary Plan |
29, §2.2; 58 |
22, |
2, |
203 |
Final Plan |
29, §2.3 |
22, |
3, |
302 |
General Standards Applicable to Development |
29, §3.2; 69; 70, §1,2,3 |
22, |
3, |
303 |
Residential Design Standards |
29, §3.3; 70, §4 |
22, |
3, |
304 |
Mobile Home Park Standards |
29, §3.4 |
22, |
3, |
305 |
Commercial and Industrial Design Standards |
29, §3.5 |
22, |
4, |
403 |
Street Pavements, Curbs and Sidewalks |
29, §4.3; 69 |
22, |
4, |
405 |
Water Supply |
29, §4.5 |
22, |
4, |
406 |
Sanitary Sewer System |
29, §4.6 |
22, |
4, |
409 |
Completion of Improvements |
29, §4.9; 35 |
22, |
5, |
502 |
Final Plan |
29, §5.2 |
22, |
6, |
601 |
Modifications |
29, §§6.1-6.5 |
22, |
9, |
902 |
Definition of Terms |
29, §9.2; 70, §7 |
22, |
10, |
1001 |
Amendments |
29, §10.1 |
22, |
10, |
1004 |
Enforcement Remedies |
29, §10.3 |
27, |
2, |
202 |
38, §2.3 |
|
27, |
3, |
301 |
Types of Uses |
38, §3.1 |
27, |
3, |
302 |
(R-1) Low-Density Residential |
38, §3.2 |
27, |
3, |
303 |
(R-2) Moderate Density Residential |
38, §3.3 |
27, |
3, |
304 |
(C-1) Commercial |
38, §3.4; 54; 111, §1; 112, §1 |
27, |
3, |
305 |
(M-1) Industrial |
38, §3.5; 73 |
27, |
3, |
306 |
(B-1) Planned Boulevard |
38, §3.6; 57A; 103; 111;112 |
27, |
4, |
401 |
District Regulations |
38, §4.1 |
27, |
4, |
402 |
Off-Street Parking |
38, §4.2 |
27, |
4, |
403 |
Off-Street Parking Regulations |
38, §4.3 |
27, |
5, |
501 |
Permitted Modifications |
38, §5.1 |
27, |
5, |
502 |
Supplementary Lot, Yard and Height Regulations |
38, §5.2 |
27, |
5, |
504 |
Sign Regulations |
38, §5.4 |
27, |
5, |
505 |
Planned Residential Development Regulations |
38, §5.5; 51; 103; §4 |
27, |
6, |
601 |
Nonconforming Uses |
38, §6.1; 51 |
27, |
6, |
602 |
Nonconforming Structures |
38, §6.2 |
27, |
6, |
603 |
Abandonment and Termination of Nonconforming Uses |
38, §6.3 |
27, |
6, |
604 |
Repair and Maintenance |
38, §6.4 |
27, |
6, |
605 |
Registration of Nonconforming Uses |
38, §6.5 |
27, |
7, |
701 |
Appointment and Powers of Zoning Officer |
38, §7.1 |
27, |
7, |
703 |
Permit Application Procedures |
38, §7.3; 103 |
27, |
7, |
704 |
Permit Application Procedures for Conditional Uses |
38, §7.4; 51 |
27, |
7, |
705 |
Site Development Plan Review |
38, §7.5 |
27, |
7, |
706 |
Zoning Permit Fees |
38, 57.6; 41 |
27, |
7, |
707 |
Causes of Action |
38, §7.7.1 |
27, |
7, |
709 |
Enforcement Remedies |
38, §7.7.2 |
27, |
8, |
801 |
Zoning Hearing Board |
38, §8.1 |
27, |
8, |
802 |
Jurisdiction |
38, §8.2 |
27, |
8, |
803 |
Variances |
38, §8.3 |
27, |
8, |
804 |
Hearings |
38, §8.4 |
27, |
10, |
1002 |
Other Words |
38, §10.2; 103; 112, §3 |
C. Repealed Provisions. The following provisions of the Code are repealed, the text of which is indicated by strike-through, and are summarized as follows:
Chapter, |
Part, |
Section |
Subject |
Ordinance No. |
22, |
7, |
702 |
Requirements; Treatment of Minor Subdivisions |
29, §7.2 |
27, |
5, |
506 |
Buffer Strips |
38, §5.6; 72 |
27, |
9, |
901 |
Amendments Procedure |
38, §9.1 |
27, |
9, |
902 |
Petition and Fee |
38, §9.2 |
27, |
9, |
903 |
Protest |
38, 59.3 |
Section 7. Procedural Changes. The following minor procedural changes have been made to existing Smithfield Township ordinances:
A. Grammatical and spelling errors have been corrected where necessary;
B. Minor changes have been made to correct obsolete terms and usages;
C. The penalty provisions have been revised where necessary to comply with the Pennsylvania Second Class Township Code, Vehicle Code, Municipalities Planning Code and the Local Tax Enabling Act.
Section 8. Amending the Code of Ordinances. The procedure for amending the Code of Ordinances shall include the citation of the Chapter, Part, Section and Subsection to be amended, revised, repealed or added as follows:
A. Amendment or Revision - "Chapter _, Part _, Section _ Subsection is hereby amended [revised] to read as follows..."
B. Additions - "Chapter , Part , Section , Subsection is hereby amended by the addition of the following..."
C. Repeal - "Chapter , Part , Section , Subsection is hereby repealed in its entirety."
Section 9. Responsibility for Code of Ordinances. It shall be the responsibility of the Township Secretary to maintain an up-to-date certi¬fied copy of the Code of Ordinances. This copy shall be the official copy of the Township's Code of Ordinances and shall be available for public inspection.
Section 10. Penalties. It shall be unlawful for anyone to change,
alter, or tamper with the code of ordinances in any manner which will
intentionally misrepresent the laws of the Township. Whosoever shall violate this Section shall, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.00) and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed thirty (30) days.
Section 11. Severability of Parts of Codification. It is hereby declared to be the intention of Board of Supervisors that the chapters, parts, sections, paragraphs, sentences, clauses and phrases of this codification are severable. If any section, paragraph, sentence, clause or phrase of this Code is declared unconstitutional, illegal or otherwise invalid by the judgment or decree of a court of competent jurisdiction, that invalidity shall not affect any of the remaining chapters, parts, sections, paragraphs, sentences, clauses or phrases of this codification.
ENACTED AND ORDAINED this 26th day of April, 1994.
TOWNSHIP OF SMITHFIELD
By: /s/ Russell C. Albert Chairman, Board of Supervisors
ATTEST:
/s/ Kathryn Beck
Secretary, Board of Supervisors