TOOLS
FOR RESIDENTS
HOW
DO I FIND THE LAWS THAT GOVERN THE ACTIONS IN MY TOWNSHIP? ______________________________________
Please check all details for accuracy . If
there are discrepancies
please let us know
so we can correct
anything that needs correcting.
First and
foremost, you are protected by : 2 DOCUMENTS
The Constitution of the United States of America
" We the People of the United States, in Order to form a more
perfect Union,
establish Justice,
insure domestic Tranquility, provide for the common defence,
promote
the general Welfare, and secure the
Blessings of Liberty to ourselves and our Posterity, do ordain
and establish this Constitution for the United States of
America.
The
Constitution of the
Commonwealth of Pa
Article 1
Section 27 " The people have a
right
to clean air, pure water, and to the preservation of the
natural, scenic, historic and esthetic values of the
environment. Pennsylvania's public natural resources are the
common property of all the people, including generations yet to
come. As trustee of these resources, the Commonwealth
shallconserve and maintain them
for
the benefit of all the people.
Article 1 section
1 " All men are born equally free and independent, and have
certain inherent and indefeasible rights, among which are those
of enjoying and defending life and liberty, of acquiring,
possessing and protecting property
and reputation, and of pursing their own happiness."
_____________________________
Zoning & Code Enforcement Tools
The
Abington Zoning code
http://www.abingtonpa.gov/info/newcodebook.htm
Same as
above :
Part 1
Township's Codebook
except for zoning
Part 2
Zoning Portion of Township Codebook
Planned Business District Zoning -
Pages 42 to 51 of the Abington Twp zoning code
Land Development & Zoning submissions,
blueprints, plans currently underway
http://www.abingtonpa.gov/resident/plans%20and%20maps.htm
Property Maintenance Code
http://www.abingtonpa.gov/code/property_maintcode.htm
No weeds allowed to
grow
http://www.ecode360.com/9007277
No
barking dogs
http://www.ecode360.com/9007277
Animals
http://www.ecode360.com/9006044#9006044
Noise section
106
http://www.ecode360.com/9007246
Sound Amplifying equipment
http://www.ecode360.com/9008587#9008587
No dropping of handbills, or literature
http://www.ecode360.com/9007277
( solicitors have been violating this ).
No posting of signs except by permission of owner
http://www.ecode360.com/9007277
Abington's
Comprehensive Plan
http://www.abingtonpa.gov/code/Comp%20Plan%202007_files/comp%20plan%20072707.pdf
The Old York Road Corridor Study
the finished study
http://abingtonpa.gov/OYRresults.htm
working site :
http://www.oldyorkroad.net/
Zoning Board Decisions may be reversed
if the zoning hearing board made an
error of law or abused their discretion when deciding the
issue
Borough
of Jenkintown v. Board of Commissioners of Abington Twp.
Appealing
an ordinance after the 30 day limit may be allowed
if you are
alleging procedural defects in the enactment of
the
ordinance
Glen-Gery Corp. v.
Dover Twp. Zoning Hearing Board,
unless
“a procedurally
defective ordinance has been on the books and obeyed . .
. for such a long
time that public notice and acquiescence can be
presumed”
The Zoning Hearing
Board Rules in PA
http://www.newpa.com/webfm_send/1511
Pennsylvania Municipalities Planning Code
http://mpc.landuselawinpa.com/mpc_full.html
Section: 604 ( 2 ) To prevent one or more of the following:
overcrowding
of
land, blight, danger and congestion in travel and
transportation, loss of
health,
life or property from fire, flood, panic or other dangers.
Variances and Special Exceptions
per
Pa Municipal Planning Code
http://www.newpa.com/webfm_send/1512
Zoning Code Violations
per Pa Municipal
Planning Code
http://mpc.landuselawinpa.com/mpc_full6.html
It was an oft published statistic circa
2008 (before and after) that our Township
was 98%
developed.
The Zoning rewrites / Old York Rd Study / Comprehensive
Plan, etc.
are
all designed to add more development ---- in essence
"over-development"
- or development that will change the nature of
our Township permanently . Is that what the residents who
live and
vote here want?
Township Procedures
Most
all Publications
Guiding Township procedure can be found here
http://www.newpa.com/local-government/publications
PA First
Class Township Code
http://newpa.com/sites/default/files/uploads/first-class-township-code.pdf
or
http://staging.newpa.com/sites/default/files/uploads/first-class-township-code.pdf
or buried in Tile 53
of Purdon's
http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000
The
Township Commissioners Handbook
http://www.newpa.com/webfm_send/1519
The Purchasing Handbook
( bids etc)
http://www.newpa.com/webfm_send/1530
The Township Supervisor's Handbook
http://www.newpa.com/webfm_send/1518
Bids, Contracts, Purchasing in
Article 18 of the First Class Township Code Title 53
http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000
For Citizens
Understanding their Government
Citizens Guide to Local Govt
http://www.newpa.com/webfm_send/1556
Center for Local Government Services 866-466-3972
Meeting Procedures
Public Comment Guidelines
-
Minutes of
Meetings
Meeting
Dates
Videos of meetings
Rules of Procedure for Meetings in Abington Township
Roberts Rules of Order Newly Revised, 10th Edition
applies
wherever an issue is not covered in the Rules of
Procedure noted above
The Sunshine Act
-
provides for residents to speak on all items that are or
may come
before the board and for residents to interrupt wherever
procedure is being
violated in
regard to residents rights to comment.
Tips when
going to meetings
What guides the Commissioners ? They are bound by ?
Oath
-
fidelity to duty and to the constitution
The
Township Commissioners Handbook
http://www.newpa.com/webfm_send/1519
The Pennsylvania Constitution
http://www.pahouse.com/pa_const.htm
The Constitution of the United States Of America
http://www.constitution.org/constit_.htm
Pennsylvania Statutes
53 P.S. § 55604. Failure of officer to perform duties.
If any township officer refuses or neglects to perform his
duties, the court
....upon complaint in writing
by one hundred citizens, owners of
real estate residing in the
township, may issue a rule .......Upon hearing and proof
that the facts alleged in the
complaint are true, the court may declare the office vacant
and
appoint another in his stead.....
Getting Information - The
Right to Know - FOIA ( Freedom of Information Act)
Using an email form for
Right to Know requests -Email
me
to get a copy
Quick Guide to the Right to Know Law
http://www.openrecordspa.org/index_assets/RTKQuickGuide.pdf
The Right To Know Law – the actual Law in pdf
http://www.openrecordspa.org//rtk_assets/09RTKlaw.pdf
The
30 exceptions to the Pa Right to Know Law
http://www.pafoic.org/news_files/0da03662a7d28d5448ba9edc76b4ddc2-12.html
Right to Inspect
Documents per PA
First Class
Township Code
http://newpa.com/sites/default/files/uploads/first-class-township-code.pdf
Section
903. Records Open to Inspection.--The minute book and other
records
and documents of every township shall be open to the
inspection of any
taxpayer thereof, his, her, or its agent, upon demand
therefor at any time
during
business
hours.
Flooding
Tools
Our
Flood Guide
Twp Stormwater page with resource links at
bottom
http://abingtonpa.gov/stormwater/stormwater%20page.htm
Sewer Issues or Septic -Environment etc -
Officials
to contact with
sewer issues
DEP-
Montco Health Dept - County - Twp Staff- Commissioners
Info
on Real Estate - Homeowning and and Renting
Property Maintenance Code ( how the property must be kept
)
http://www.abingtonpa.gov/code/property_maintcode.htm
Tax Maps with Property Details are available at
Montcopa.org site
PA
Tenant
Landlord Handbook
http://www.tenant.net/Other_Areas/Penn/harris/pa-toc.html.
The
Laws and the Courts
-
Search for a docketed case
http://webapp.montcopa.org/PSI/Viewer/Search.aspx?c=CaseSearch&panel=All
Unofficial Purdon's Pennsylvania Statutes
http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000
Voter /Election information
Elections
https://abingtoncitizens.com/TwpGovt/Elections.htm
Title 25 of Purdon's
http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000
BEGIN TO PUT YOUR TOOLS TO USE ...
see our "tools" page
Ask your Commissioners and your Township manager
specifically to :
1) post a webpage for each issue that has
the links to find meetings,
lastest updates & all the plans etc
2) tape all meetings on the topic & air them on
our public channel -
so you can review or if you missed a meeting. This is actually
important .
The devil is really in the details
3) post all
the taped meetings on-line with time reference points and
fast forward features
4) notify
everyone in the township
that there is a list for updates on this subject-
invite ALL residents to get onto the list
5) provide a meeting space ( already paid by your taxes
) for neighbors
to hold their own open discussions
whenever they choose -
to share information and formulate
questions- not moderated by authorities.
6) to provide
residents with any changes that are being proposed in summary
form
- preferably in "2 column /compare " style
7) please make
your meetings open to all - If you try to limit
transparency for others
and then you will be perpetuating the system where others can
limit you
Email me if you need
help contacting others. I also have a great deal of information about
how our processes work and what is happening elsewhere in the
Township that might be helpful to your situation.
)))))))))))))))))))))
We
welcome your comments
to share either anonymously or with your name attached with
your fellow Abington residents. Send any
updated
information, comments or questions to:
lel@abingtoncitizens.com
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