Zoning, building permits and septic rules in Montgomery Township, Pennsylvania

Montgomery Township’s own rules

• Building permitRequired

  Construction or development within any area of Montgomery Township.

  • Minor repairs to existing buildings or structures do not require a building permit.
  • Before issuing a permit, the Building Permit Officer must determine that required state and federal permits have been obtained, including permits under the Pennsylvania Sewage Facilities Act, Dam Safety and Encroachment Act, Clean Streams Act, and Clean Water Act Section 404.

  “Building Permits shall be required before any construction or development is undertaken within any area of the Township.”

• Building code adoptedAdopted (with conditions)

  Construction within Montgomery Township, Indiana County, Pennsylvania.

  • The ordinance incorporates 34 Pa. Code Chapters 401-405 as amended from time to time.
  • Administration and enforcement within the Township are undertaken by Indiana County through its Office of Planning and Development under a mutually agreed contract.

  “The Uniform Construction Code as established by the Permsylvania Department of Labor and Industry, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code”

• Mandatory utility hookupConditional

  Specified Montgomery Township properties that were receiving water from the public distribution system to be acquired by the Indiana County Municipal Services Authority.

  • The ordinance applies to properties connected to and receiving water from the described public system and requires them to remain connected once the Authority acquires it.
  • Private water sources may continue if not used for domestic purposes or interconnected with the public system.

  “must continue to leave the house, building or other structures on the said property which are connected to the aforementioned water System, connected to said System once it is acquired by the Authority”

• Driveway accessRequired

  New driveway entrances or exits from Township Roads inside Montgomery Township, and related driveway/sluice-pipe work.

  • Limited to driveway access from Township Roads.
  • Supervisors may impose conditions regarding the method and location of work.
  • The ordinance separately requires a 15-inch drainage pipe unless Supervisors permit or require a different diameter.

  default drainage-pipe diameter: 15 inches (Supervisors may require or permit a greater or lesser diameter after reviewing conditions.)

  “After the effective date of this ordinance, it shall be unlawful for any person, partnership, business or corporation, without first having obtained a permit therefore, to : [...] Construct or install any driveway entrance or exit from a Township Road”

• Building in a floodplainRequired

  Construction or development in Montgomery Township, including identified floodplain areas.

  • Minor repairs to existing buildings or structures do not require a building permit.
  • In an identified floodplain area, more restrictive ordinance provisions control if there is a conflict.
  • Before permit issuance, the officer must determine compliance with applicable codes and ordinances and necessary government permits.

  “If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for Building Permits shall provide all the necessary information in sufficient detail and clarity”

• Permit feesPublished (with conditions)

  Township-road driveway and sluice-pipe permits inside Montgomery Township.

  • The fee may be raised or lowered by subsequent resolution.
  • A permit is issued for no more than one year; renewal is treated as a new application with a new fee.

  driveway/sluice permit fee: 5 USD (May be raised or lowered by subsequent resolution.)

  “The applicant Shall pay a permit fee of Five Dollars ($5,00), which fee may be raised or lowered by subsequent Resolution.”

• Permit processPartial

  Township-road driveway and sluice-pipe permits inside Montgomery Township.

  • Applicant must submit a written application to the Township Secretary.
  • The application must include at least applicant, owner, and contractor names and addresses.
  • The Supervisors approve and issue or deny permits; they may impose conditions on issuance.

  “All pel.sons subject to this OTdinance shall submit a whtten application 1o tlie Secretary of tl`e Tclwnship for the necessary permit which application slull contain such infomiation as shall reasonably bc reqiiested and required 1)y tl]e Sui)ervisors”

Rules another office applies inside Montgomery Township

Montgomery Township does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• InspectionsRequired

  Construction inside Montgomery Township for which a UCC permit is issued; Montgomery Township adopted the UCC and contracted enforcement to Indiana County.

  • Applies to construction for which a permit was issued.
  • Permit holder must ensure construction is accessible and notify the construction code official when work is ready for inspection.

  “A construction code official shall inspect all construction for which a permit was issued. The permit holder shall insure that the construction is accessible for inspection.”

• Certificate of occupancyRequired

  Residential buildings inside Montgomery Township under its adopted UCC.

  • A residential building may not be used or occupied without a certificate issued by a building code official.
  • The official issues the certificate after a final inspection report indicating UCC and ordinance compliance; a temporary certificate may be issued for safely occupiable portions before all permitted work is complete.

  “A residential building may not be used or occupied without a certificate of occupancy issued by a building code official.”

• Who permits septicLocal (with conditions)

  Sewage-facilities permitting and enforcement inside Montgomery Township through the Indiana County Sewage Enforcement Agency.

  • The Township ordinance delegates and transfers municipal functions, powers, and responsibilities under the Sewage Facilities Act to the Agency.
  • The Agency serves participating municipalities only.

  “For the delegating and transferring to the Agency of all functions, powers and/or responsibilities of the Municipality, as provided for by the Act”

• Septic permitRequired

  Installation, construction, alteration, repair, or connection of individual or community sewage systems inside Montgomery Township.

  • A same-size, same-use replacement dwelling may be exempt if the prior dwelling was used within one year before anticipated construction completion; the exception does not apply during an active malfunction investigation.
  • Unless a local rule requires a permit, a qualifying owner-occupied individual on-lot system on a contiguous tract of at least ten acres may be permit-exempt if the owner was owner of record January 10, 1987; later qualifying subdivisions and siting/notification requirements are governed by the Act.
  • Montgomery Township delegated local sewage functions to the Indiana County Sewage Enforcement Agency.

  “No person shall install, construct, or award a contract for construction, or alter, repair or connect to an individual sewage system or community sewage system or construct, or request bid proposals for construction, or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit”

• Off-grid sanitationLimited

  Permit-exempt individual on-lot sewage systems serving qualifying owner-occupied residences inside Montgomery Township.

  • The exemption is available only absent a more restrictive local permit ordinance and for a qualifying owner-occupied residence on a contiguous tract of at least ten acres owned of record on January 10, 1987.
  • The system must meet the stated siting requirements; the installer must notify the local agency, which may charge up to $25 to verify siting.
  • Permit-exempt system owners remain responsible for correcting malfunction that contaminates groundwater or surface water or discharges to the ground surface.

  minimum contiguous tract: >= 10 acres (Owner-occupied or intended owner-occupied residence; owner of record January 10, 1987; unless local ordinance requires permit.) · local-agency siting-verification fee: <= 25 USD (For a qualifying permit-exempt system.)

  “Except where a local agency or municipality requires a permit by ordinance, no permit or plan revision shall be required for the installation of an individual on-lot sewage system for a residential structure occupied or intended to be occupied by the property owner or a member of his immediate family on a contiguous tract of land ten acres or more if the owner of the property was the owner of record as of January 10, 1987.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Montgomery Township or Indiana County directly.

• Owner-builder exemption — Owner-built residential construction inside Montgomery Township.
• Local zoning — Land inside Montgomery Township, Indiana County, Pennsylvania.
• Zoning districts — Zoning districts inside Montgomery Township.
• Minimum dwelling size — Residential dwellings inside Montgomery Township.
• Minimum lot size — Residential lots inside Montgomery Township.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.