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Adopting Ordinance

ORDINANCE NO. 128

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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

Zoning Map

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

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