Grant of Power. Section 601 of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended), 53 P.S. § 10601, provides that the Montour Township Supervisors may implement the Montour Township Comprehensive Plan and other officially adopted plans or accomplish any of the purposes of Act 247 by enacting a zoning ordinance, providing for mediation, appeals and penalties for violations.

Applicability. This chapter requires that, within Montour Township, in the County of Columbia 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. Where required herein, a zoning permit shall be secured and displayed as evidence of compliance with this chapter.

County Authority. The Columbia County Planning Commission is empowered under Section 607 of the Pennsylvania Municipalities Planning Code (Act 247), 53 P.S. § 10607, to submit its recommendations upon the proposed adoption, amendment or repeal of any municipal zoning ordinance or part thereof. Proposals shall be submitted to the County Planning Commission at least 45 days in advance of the public hearing by the Board of Supervisors.

General Purposes. The zoning regulations and districts herein set forth have been made in accordance with the Montour Township Comprehensive Plan and are designed to:

Community Development Objectives. This chapter provides a legal basis and framework for future community development. Its provisions are guided by the goals, objectives and proposals contained within the Montour Township Comprehensive Plan.

Remedies. In any case where any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter or any duly enacted amendment hereof, the governing body or Township Zoning Officer or any aggrieved property owner may, in addition to other remedies provided by law, after giving 30 days' notice and a copy of the complaint to the Township, institute appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land use or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.

Violations and Penalties. It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation or provision of this chapter or any duly enacted amendment hereof. Any person, partnership or corporation who or which shall violate the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by Montour Township as a result thereof. All judgments, costs and reasonable attorney fees collected for such violations shall be paid over to Montour Township. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor files a timely appeal of the judgment, Montour Township shall enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, 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 Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.

Nothing contained in this chapter shall be construed or interpreted to grant to any person or entity other than Montour Township and its designee the right to commence any action for enforcement pursuant to this chapter.

Conflict with Other Laws. The provisions of this chapter shall be held to be minimum requirements to meet the purposes stated herein. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.

Validity. Should any section, subsection or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole or any other part thereof.

Repealer. All other Township ordinances or parts of ordinances are hereby repealed insofar as they are inconsistent with the provisions of this chapter.