A.
Administration.
(1)
Zoning Officer. The provisions of this chapter
shall be enforced by an agent, to be appointed by the Board of Supervisors,
who shall be known as the Zoning Officer. The Zoning Officer shall
be appointed at the first meeting of the Board of Supervisors in January
to serve until January 1, next following, and shall thereafter be
appointed annually to serve for a term of one year and/or until his
successor is appointed. The Zoning Officer may succeed himself. He/she
shall receive such fees or compensation as the Board of Supervisors
may, by resolution, provide. The Zoning Officer shall not hold any
elective office within the Township. The Zoning Officer may designate
an employee of the Township as his Deputy, subject to the approval
of the Board of Supervisors, who shall exercise all the powers of
the Zoning Officer during the temporary absence or disability of the
Zoning Officer.
(2)
Duties. The duties of the Zoning Officer shall
be:
(a)
To receive, examine and process all applications
and permits as provided by the terms of this chapter. The Zoning Officer
shall also issue zoning permits for special exception and conditional
uses, or for variances after the same have been approved.
(b)
To record and file all applications for zoning
permits or certificates of use and occupancy, and accompanying plans
and documents, and keep them for public record.
(c)
To inspect properties to determine compliance
with all provisions of this chapter as well as conditions attached
to the approval of variances, special exceptions, conditional uses
and curative amendments.
(d)
To inspect nonconforming uses, structures and
lots and to keep a filed record of such nonconforming uses and structures,
together with the reasons why the Zoning Officer identified them as
nonconformities, as a public record and to examine them periodically,
with the view of eliminating the nonconforming uses under the existing
laws and regulations.
(e)
Upon the request of the Board of Supervisors
or the Zoning Hearing Board, present to such bodies facts, records
and any similar information on specific requests, to assist such bodies
in reaching their decisions.
(g)
Upon the approval by the Zoning Hearing Board
of a special exception, or upon the approval of a conditional use
by the Board of Supervisors for development located within the Floodplain
Zone, written notice of the approval shall be sent by registered mail
from the Zoning Officer to the Pennsylvania Department of Community
Affairs.
(h)
To remain eligible for the National Flood Insurance
Program, the Zoning Officer shall submit a biannual report to the
Federal Insurance Administration concerning the status of the program
in the Township (the report form shall be provided by the Federal
Insurance Administration).
(i)
To render a preliminary opinion regarding a
proposed land use in accordance with § 916.2 of the Act.
(j)
To revoke a permit or approval issued under
the provisions of this chapter in case of any false statement or misrepresentation
of fact in the application or on the plans on which the permit or
approval was based or for any other cause set forth in this chapter,
or otherwise permitted by law.
B.
Enforcement. This chapter shall be enforced by the
Zoning Officer of the Township. No zoning permit or certificate of
use and occupancy shall be granted by him/her for any purpose except
in compliance with the literal provisions of this chapter. The Zoning
Officer may be authorized to institute civil enforcement proceedings
as a means of enforcement when acting within his/her scope of employment.
C.
Violations.
(1)
Failure to secure a zoning permit prior to a
change in use of land or structure, or the erection, construction
or alteration of any structure or portion thereof shall be a violation
of this chapter. It shall also be a violation of this chapter to undertake
other deliberate actions which are contrary to the terms of the chapter
and any conditions placed upon the approval of special exceptions,
variances and conditional uses. Each day that a violation is continued
shall constitute a separate offense.
(2)
If it appears to the Township that a violation
of this chapter enacted under the Act or prior enabling laws has occurred,
the Township shall initiate enforcement proceedings by sending an
enforcement notice as provided in the following:
(a)
The enforcement notice shall be sent to the
owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel, and to any other person requested in
writing by the owner of record.
(b)
An enforcement notice shall state at least the
following:
[1]
The name of the owner of record and any other
person against whom the Township intends to take action.
[2]
The location of the property in violation.
[3]
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this chapter.
[4]
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
[5]
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within a prescribed period of
time in accordance with procedures set forth in the chapter.
[6]
That failure to comply with the notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation, with possible sanctions clearly described.
D.
Enforcement remedies. Any person, partnership or corporation
who or which has violated or permitted the violation of the provisions
of this chapter enacted under the Act or prior enabling laws shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or be payable until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the District
Justice 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 District Justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of this chapter shall be
paid over to the Township.
E.
Causes of action. In case any building, structure,
landscaping or land is, or is proposed to be, erected, constructed,
reconstructed, altered, repaired, converted, maintained or used in
violation of this chapter enacted under the Act or prior enabling
laws, the Board of Supervisors or, with the approval of the Board
of Supervisors, an officer of the Township, or any aggrieved owner
or tenant of real property who shows that his property or person will
be substantially affected by the alleged violation, in addition to
other remedies, may institute any appropriate action or proceeding
to prevent, restrain, correct or abate such building, structure, landscaping
or land or to prevent, in or about such premises, any act, conduct,
business or use constituting a violation. When any such action is
instituted by a landowner or tenant, notice of that action shall be
served upon the Township at least 30 days prior to the time the action
is begun by serving a copy of the complaint on the Board of Supervisors
of the Township. No such action may be maintained until such notice
has been given.
A.
General requirements for zoning permits.
(1)
A zoning permit shall be required prior to a change in use of land or structure, or the erection, construction, improvement or alteration of any structure or portion thereof, or the alteration or development of any improved or unimproved real estate including, but not limited to, mining, dredging, filling, grading, paving, excavation or drilling operations or the erection or alteration of any signs specified in § 340-38 of this chapter. Zoning permits shall also be required for the construction or installation of animal waste impoundments, lakes, ponds, dams or other water retention basins. No zoning permit shall be required for repairs or maintenance of any structure or land provided such repairs do not change the use or the exterior dimensions of the structure, or otherwise violate the provisions of this chapter.
(2)
Application for zoning permits shall be made
in writing to the Zoning Officer.
(3)
Such zoning permits shall be granted or refused
within 90 days from date of application.
(5)
In all instances in which the Zoning Officer
expresses a reasonable doubt as to the ability of a proposed use to
meet all of the above described requirements, it will be incumbent
upon the applicant to furnish adequate evidence in support of his
application. If such evidence is not presented, the zoning permit
will be denied.
(6)
Application for a permit shall be made by the
owner or lessee of any building or structure, or the agent of either;
provided, however, that if the application is made by a person other
than the owner or lessee, it shall be accompanied by a written authorization
of the owner or the qualified person making an application, that the
proposed work is authorized by this owner. The full names and addresses
of the owner, lessee, applicant and of the responsible officers, if
the owner or lessee is a corporate body, shall be stated in the application.
(7)
The Zoning Officer may call upon other Township
staff and/or Township appointed consultants in the review of submitted
materials for applications.
(8)
The Zoning Officer may revoke a permit or approval
issued under the provisions of this chapter, in case of any false
statement or misrepresentation of fact in the application or on the
plans on which the permit or approval was based or for any other cause
set forth in this chapter.
(9)
Where a permit is required by this chapter,
but the work is commenced or the use is commenced or changed prior
to obtaining such permit, the fees set by ordinance or resolution
of the Township Board of Supervisors for such permit shall be doubled.
The doubling of the permit fee shall be required to reflect the additional
expense incurred by the Township resulting from the need to inspect
the property, respond to any complaints, issue any enforcement notices
and/or process the application as soon as it is received. The payment
of such increased permit fee shall not relieve any person from complying
with all requirements of this chapter or any other applicable Township
ordinances or from any penalties or enforcement actions authorized
by this chapter or the Act.
(10)
Issuance of permits. Upon receiving the application,
the Zoning Officer shall examine the same within a reasonable time
after filing. If the application or plans do not conform to the provisions
of all pertinent local laws, he/she shall reject such application
in writing, stating the reasons therefore. He/she shall inform the
applicant of his right to appeal to the Zoning Hearing Board in the
event such application is rejected. If satisfied that the proposed
work and/or use conforms to the provisions of this chapter and all
laws and ordinances applicable thereto, and that the certificate of
use and occupancy as required herein has been applied for, he/she
shall issue a permit therefor as soon as practical but not later than
90 days from receipt of the application.
(11)
Reconsideration of application. An applicant
whose request for a permit has been denied by the Zoning Officer may
make a later application for a permit provided all deficiencies which
were the basis for the prior denial of the permit have been eliminated.
The Zoning Officer shall not be required to make a new inspection
of the application if this condition is not met.
(12)
Expiration of permit. The permit shall expire
after one year from the date of issuance; provided, however, that
the same may be extended every six months for a period not to exceed
an additional one year, upon written request by the applicant which
demonstrates good cause to the Zoning Officer.
(13)
Compliance with ordinance. The permit shall
be a license to proceed with the work and should not be construed
as authority to violate, cancel or set aside any of the provisions
of this chapter, except as stipulated by the Zoning Hearing Board.
(14)
Compliance with permit and plot plan. All work
or uses shall conform to the approved application and plans for which
the permit has been issued as well as the approved plot plan.
(15)
Display of zoning permit. All approved zoning
permits shall be prominently displayed on the subject property during
construction, renovation, reconstruction, repair, remodeling or the
conduct of other site improvements. Such permit displays shall occur
within five days of permit issuance, or prior to the commencement
of actual work on the site, whichever occurs first. Such permit display
shall be continuous until the site receives its certificate of use
and occupancy.
(16)
Temporary use permits. It is recognized that
it may be in accordance with the purpose of this chapter to permit
temporary activities for a limited period of time, which activities
may be prohibited by other provisions of this chapter. If such uses
are of such a nature and are so located that, at the time of petition
of special exception, they will:
(a)
In no way exert a detrimental effect upon the
uses of land and activities normally permitted in the zone.
(b)
Contribute materially to the welfare of the
Township, particularly in a state of emergency, under conditions peculiar
to the time and place involved, then, the Zoning Hearing Board may,
subject to all regulations for the issuance of special exception elsewhere
specified, direct the Zoning Officer to issue a permit for a period
not to exceed six months. Such permits may be extended not more than
once for an additional period of six months.
B.
Application for all zoning permits.
(1)
Applications shall contain a general description
of the proposed work, development, use or occupancy of all parts of
the structure or land and shall be accompanied by plans in duplicate
drawn to scale and showing the following:
(a)
Actual dimensions and shape of lot to be developed.
(b)
Exact location and dimensions of any structures
to be erected, constructed and altered.
(c)
Existing and proposed uses, including the number
of occupied units, businesses, etc., all structures are designed to
accommodate.
(d)
Off-street parking and loading spaces.
(e)
Utility systems affected and proposed.
(f)
Alteration or development of any improved or
unimproved real estate.
(g)
The size of structures and the number of employees
anticipated.
(h)
Any other lawful information that may be required
by the Zoning Officer to determine compliance with this chapter.
(i)
Copies of any applicable approved subdivision
or land development plans.
(2)
If the proposed development, excavation or construction
is located within the Floodplain Zone, the following information is
specifically required to accompany all applications:
(a)
The accurate location of the floodplain and
floodway.
(b)
The elevation, in relation to the National Geodetic
Vertical Datum of 1929 (NGVD), of the lowest floor, including basements.
(c)
The elevation, in relation to the NGVD, to which
all structures and utilities will be floodproofed or elevated.
C.
Application for zoning permits for uses in all commercial
and industrial zones.
(1)
A location plan showing the tract to be developed,
zone boundaries, adjoining tracts, significant natural features, and
streets for a distance of 200 feet from all tract boundaries.
(2)
A plot plan of the lot showing the location
of all existing and proposed buildings, driveways, parking lots showing
access drives, circulation patterns, curb cut accesses, parking stalls
access from streets, screening fences and walls, waste disposal fields
or other methods of sewage disposal other construction features on
the lot, and the location of all topographical features.
(3)
A description of the operations proposed in
sufficient detail to indicate the effects of those operations in producing
traffic congestion, noise, glare, air pollution, water pollution,
vibration, fire hazards, safety hazards or the emission of any potentially
harmful or obnoxious matter or radiation.
(4)
Engineering plans for treatment and disposal
of sewage and industrial waste, tailings or unusable by-products.
(5)
Engineering plans for the handling of traffic,
noise, glare, air pollution, water pollution, vibration, fire hazards
or safety hazards, smoke or emission of any potentially harmful or
obnoxious matter or radiation.
(6)
Designation of the manner by which sanitary
sewage and stormwater shall be disposed and water supply obtained.
(7)
The proposed number of shifts to be worked and
the maximum number of employees on each shift.
(8)
Where use by more than one firm is anticipated,
a list of firms which are likely to be located in the center, their
floor area and estimated number of employees.
D.
Certificate of use and occupancy.
(1)
It shall be unlawful to use and/or occupy and
structure, building, sign, and/or land or portion thereof for which
a zoning permit is required herein until a certificate of use and
occupancy for such structure, building, sign and/or land or portion
thereof has been issued by the Zoning Officer. The application for
issuance of a certificate of use and occupancy shall be made at the
same time an application for a zoning permit is filed with the Zoning
Officer, as required herein.
(2)
The application for a certificate of use and
occupancy shall be in such form as the Zoning Officer may prescribe
and may be made on the same application as it required for a zoning
permit.
(3)
The application shall contain the intended use
and/or occupancy of any structure, building, sign and/or land or portion
thereof for which a zoning permit is required herein.
(4)
The Zoning Officer shall inspect any structure,
building or sign within 10 days upon notification that the proposed
work that was listed under the permit has been completed and if satisfied
that the work is in conformity and compliance with the work listed
in the issued permit and all other pertinent laws, he/she shall issue
a certificate of use and occupancy for the intended use listed in
the original application.
(5)
The certificate of use and occupancy, or a true
copy thereof, shall be kept available for official inspection at all
times.
(6)
Upon request of a holder of a zoning permit,
the Zoning Officer may issue a temporary certificate of use and occupancy
for a structure, building, sign, and/or land, or portion thereof,
before the entire work covered by the permit shall have been completed,
provided such portion or portions may be used and/or occupied safely
prior to full completion of the work without endangering life or public
welfare. The Zoning Officer shall also issue a temporary certificate
of use and occupancy for such temporary uses as tents, use of land
for religious or other public or semipublic purposes and similar temporary
use and/or occupancy. Such temporary certificates shall be for the
period of time to be determined by the Zoning Officer, however, in
no case for a period exceeding six months.
(7)
A certificate of use and occupancy shall not
be issued for structures and buildings located in subdivisions requiring
improvement guarantees until the structure or building abuts either
a roadway which has been accepted by the Township for dedication or
abuts upon a street which has been paved with a base wearing course.
(8)
In commercial and industrial zones in which
operation standards are imposed, no certificate of use and occupancy
shall become permanent until 30 days after the facilities are fully
operational when, upon a reinspection by the Zoning Officer, it is
determined that the facilities are in compliance with all operation
standards.
Determination. The Board of Supervisors may,
by resolution, establish fees for the administration of this chapter.
All fees shall be determined by a schedule that is made available
to the general public. The Board of Supervisors may reevaluate the
fee schedule and make necessary alterations to it. Such alterations
shall not be considered an amendment to this chapter and may be adopted
at any public meeting of the Board of Supervisors.
[Amended 2-19-1997 by Ord. No. 175]
A.
Power of amendment. The Board of Supervisors may,
from time to time, amend, supplement, change or repeal this chapter,
including the Official Zoning Map.[1] Any amendment, supplement, change or repeal may be initiated
by the Township Planning Commission, the Board of Supervisors or by
a petition to the Board of Supervisors by an interested party.
[1]
Editor's Note: The Zoning Map is on file in
the Township offices.
B.
Hearing and enactment procedures for zoning amendments.
(1)
Public hearing. Before hearing and enacting
Zoning Ordinance and/or Zoning Map amendments, the Board of Supervisors
shall conduct a public hearing to inform the general public of the
nature of the amendment, and to obtain public comment. Such public
hearing shall be conducted after public notice (as defined herein
and listed below) has been given.
(2)
Public notice. Before conducting a public hearing,
the Board of Supervisors shall provide public notice as follows:
(a)
Notice shall be published once each week for
two successive weeks in a newspaper of general circulation in the
Township. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered at the hearing.
The first publication shall not be more than 30 days, and the second
publication shall not be less than seven days from the date of the
hearing. Publication of the proposed amendment shall include either
the full text thereof or the title and brief summary, prepared by
the Township Solicitor, and setting forth all the provisions in reasonable
detail. If the full text is not included:
[1]
A copy of the full text shall be supplied to
a newspaper of general circulation in the Township at the time the
public notice is published.
[2]
An attested copy of the proposed ordinance shall
be filed in the county law library or other county office designated
by the County Commissioners, who may impose a fee no greater than
that necessary to cover the actual costs of storing said ordinances.
(b)
For Zoning Map amendments, public notice shall
also include the posting of a sign at conspicuous locations along
the perimeter of the subject property; these sign(s) shall be posted
at least one week prior to the hearing and will exhibit the nature,
date, time and location of the hearing.
(c)
For curative amendments, public notice shall
also indicate that the validity of the ordinance and/or map is in
question, and shall give the place where and the times when a copy
of the request including any plans, explanatory material or proposed
amendments may be examined by the public.
(d)
If, after any public hearing held upon an amendment,
the proposed amendment is changed substantially, or is revised, to
include land previously not affected by it, the Board of Supervisors
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment.
(3)
Enactment notice. In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of the ordinance or amendment will be considered, and a reference to a place within the Township where copies of the proposed ordinance or amendment may be examined without charge, or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding Subsection B(2)(b).
(4)
Township Planning Commission referrals.
(a)
For amendments proposed by parties other than
the Township Planning Commission, the Board of Supervisors shall submit
each amendment to the Township Planning Commission at least 30 days
prior to the public hearing to the Township Planning Commission for
review and comment.
(b)
The Township Planning Commission shall submit
a report of its review, together with any recommendations, to the
Board of Supervisors within 45 days from the date of said referral.
The recommendation of the Township Planning Commission may include
a specific statement as to whether or not the proposed amendment is
in accordance with the intent of this chapter and any officially adopted
Comprehensive Plan of the Township.
(5)
Lancaster County Planning Commission referrals.
All proposed amendments shall be submitted to the Lancaster County
Planning Commission at least 30 days prior to the public hearing on
such amendments. The Lancaster County Planning Commission may submit
recommendations to the Board of Supervisors within 45 days of such
referral. The Board of Supervisors cannot act upon the amendment until
it has received a recommendation from the Lancaster County Planning
Commission; however, should the Lancaster County Planning Commission
fail to submit its recommendation within 45 days, the Board of Supervisors
may proceed without its recommendation.
(6)
Adjournment of public hearing. If during the
public hearing process, the Board of Supervisors needs additional
time to understand the proposal, inform the public, receive public
comment and/or render a decision, it may adjourn the public hearing
to a time and place certain.
(7)
Within 30 days after enactment, a copy of the
amendment to this chapter shall be forwarded to the Lancaster County
Planning Commission.
C.
Amendments initiated by the Township Planning Commission.
When an amendment, supplement, change or repeal is initiated by the
Township Planning Commission, the proposal shall be presented to the
Board of Supervisors which shall then proceed in the same manner as
with a petition to the Board of Supervisors which has already been
reviewed by the Township Planning Commission.
D.
Amendment initiated by the Board of Supervisors. When an amendment, supplement, change or repeal is initiated by the Board of Supervisors, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under Subsection B, of this section.
E.
Amendment initiated by a petition from an interested
party. A petition for amendment, supplement, change or repeal for
a portion of this chapter shall include an accurate legal description
and surveyed plan of any land to be rezoned, and all of the reasons
supporting the petition to be considered. The petition shall also
be signed by at least one record owner of the property in question
whose signature shall be notarized, attesting to the truth and correctness
of all the facts and information presented in the petition. A fee
to be established by the Board of Supervisors shall be paid upon the
filing of such petition for change and for the purpose of defraying
the costs of the proceedings prescribed herein. The Board of Supervisors
may require duplicate sets of petition materials.
F.
Curative amendment by a landowner. A landowner who desires to challenge on substantive grounds the validity of this chapter or the official Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he/she has an interest, may submit a curative amendment to the Board of Supervisors (including all of the reasons supporting the request to be considered) with a written request that his challenge and proposed amendment be heard and decided as provided in the procedures contained within the Pennsylvania Municipalities Planning Code, as amended. The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Township and Lancaster County Planning Commissions as provided for in § 340-130B and public notice of the hearing shall be provided as defined herein.
(1)
In reviewing the curative amendment, the Board
of Supervisors may deny the request, accept the request as submitted,
or may adopt an alternative amendment which will cure the challenged
defects. The Board of Supervisors shall consider the curative amendments,
plans and explanatory material submitted by the landowner and shall
also consider:
(a)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the
impact of the proposal upon regional housing needs and the effectiveness
of the proposal in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map.
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodland, wetlands, floodplains,
aquifers, natural resources and other natural features.
(d)
The impact of the proposed use on the site's
soils, slopes, woodlands, wetlands, floodplains, natural resources
and natural features, the degree to which these are protected or destroyed,
the tolerance of the resources to development and any adverse environmental
impacts.
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
(2)
The Board of Supervisors shall render its decision
within 45 days after the conclusion of the last hearing.
(3)
If the Board of Supervisors fails to act on the landowner's request within the time limits referred to in Subsection F(1)(b), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
(4)
Public notice of the hearing shall include notice
that the validity of the ordinance or Zoning Map is in question and
shall give the place where and the times when a copy of the request
including any plans, explanatory material or proposed amendments may
be examined by the public.
(5)
The challenge shall be deemed denied when:
(a)
The Board of Supervisors fails to commence the
hearing within 60 days.
(b)
The Board of Supervisors notifies the landowner
that it will not adopt the curative amendment.
(c)
The Board of Supervisors adopts another curative
amendment which is unacceptable to the landowner.
(d)
The Board of Supervisors fails to act on the
request 45 days after the close of the last hearing on the request,
unless the time is extended by mutual consent by the landowner and
Township.
(6)
Where, after the effective date of the Act, a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Supervisors pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 340-121A, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of § 508(4) of the Act shall apply.
(7)
Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under Chapter 285, Subdivision and Land Development, the developer shall have one year within which to file for a zoning permit. Within the one year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
G.
Curative amendment by the Board of Supervisors.
(1)
The Board of Supervisors, by formal action,
may declare this chapter or portions thereof substantively invalid
and propose to prepare a curative amendment to overcome such invalidity.
Within 30 days following such declaration and proposal, the Board
of Supervisors shall:
(2)
Within 180 days from the date of the declaration
and proposal, the Board of Supervisors shall enact a curative amendment
to validate or reaffirm the validity of this chapter pursuant to the
provisions required by § 609 of the Act, in order to cure
the declared invalidity of the ordinance.
(3)
Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the ordinance under § 340-120A subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to, or the reaffirmation of the validity of this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which the Board of Supervisors propose to prepare a curative amendment.
(4)
The Board of Supervisors, having utilized the
procedures as set forth in this section, may not again utilize said
procedures for a thirty-six-month period following the date of the
enactment of a curative amendment, or reaffirmation of the validity
of the ordinance; provided, however, that if after the date of declaration
and proposal there is a substantially new duty or obligation imposed
upon the Township by virtue of a decision by any Court of competent
jurisdiction, the Board of Supervisors may utilize the provisions
of this section to prepare a curative amendment to the ordinance to
fulfill this duty or obligation.
H.
Authentication of Official Zoning Map.[2] Whenever there has been a change in the boundary of a
zone or a reclassification of the zone adopted in accordance with
the above, the change on the Official Zoning Map shall be made, and
shall be duly certified by the Township Secretary and shall thereafter
be refiled as part of the permanent records of the Township.
[2]
Editor's Note: The Zoning Map is on file in
the Township offices.
[Amended 6-7-1995 by Ord. No. 168; 2-19-1997 by Ord. No.
175]
A.
Filing of conditional use. For any use permitted by
conditional use, a conditional use must be obtained from the Board
of Supervisors. In addition to the information required on the zoning
permit application, the conditional use application must show:
(1)
Ground floor plans and elevations of proposed
structures.
(2)
Names and addresses of adjoining property owners
including properties directly across a public right-of-way.
(3)
A scaled drawing (site plan) of the site with
sufficient detail and accuracy to demonstrate compliance with all
applicable provisions of this chapter.
(4)
A written description of the proposed use in
sufficient detail to demonstrate compliance with all applicable provisions
of this chapter.
(5)
Identify all applications which the applicant
has filed with the Board of Supervisors within the past 18 months.
(6)
Identify all applications relating to the property
which is the subject of this application which have been filed with
the Board of Supervisors within the past 18 months.
B.
General criteria. When conditional uses are provided
for in this chapter, the Board of Supervisors shall hear and decide
requests for such conditional uses in accordance with the stated standards
and criteria. The Board of Supervisors may grant approval of a conditional
use provided that the applicant complies with the following standards
for conditional uses and that the proposed conditional use shall not
be detrimental to the health, safety or welfare of the neighborhood.
The burden of proof shall rest with the applicant.
(1)
The applicant shall establish by credible evidence
compliance with all conditions, requirements, standards, criteria
and performance standards for the conditional use enumerated in the
section which gives the applicant the right to seek the conditional
use and any other section of this chapter which relates to the proposed
use.
(2)
The applicant shall establish by credible evidence
that the proposed conditional use shall be properly serviced by all
existing public service systems. The peak traffic generated by the
subject of the application shall be accommodated in a safe and efficient
manner or all improvements shall be made in order to effect the same.
Similar responsibilities shall be assumed with respect to other public
service systems including, but not limited to, police protection,
fire protection, utilities, parks and recreation.
(3)
The applicant shall establish by credible evidence
that the proposed conditional use shall be in and of itself properly
designed with regard to internal vehicle and pedestrian circulation,
parking, buffering and all other elements of proper design as specified
in this chapter and any other governing law or regulation.
(4)
The applicant shall provide the Board of Supervisors,
as part of the application for the conditional use, with sufficient
plans, studies or other data to demonstrate compliance with all applicable
regulations.
(5)
The proposed conditional use shall not substantially
injure or detract from the use of neighboring properties or from the
character of the neighborhood, and the use of property adjacent to
the area included in the conditional use application shall be adequately
safeguarded.
C.
Conditions. The Board of Supervisors, in approving
conditional use applications, may attach conditions considered necessary
to protect the public welfare and the purposes listed above, including
conditions which are more restrictive than those established for other
uses in the same zone. These conditions shall be enforceable by the
Zoning Officer and failure to comply with such conditions shall constitute
a violation of this chapter and be subject to the penalties described
in this article.
D.
Site plan approval. Any site plan presented in support of the conditional use pursuant to Subsection A, hereof, shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
E.
Hearing procedures.
(1)
Before voting on the approval of a conditional
use, the Board of Supervisors shall hold a public hearing thereon,
pursuant to public notice. The Board of Supervisors shall submit each
such application to the Township Planning Commission to provide the
Township Planning Commission with an opportunity to submit recommendations.
(2)
Public notice, as defined herein, and written
notice shall be given to the applicant, the Zoning Officer, such other
persons as the Board of Supervisors shall designate by ordinance,
and to any person who has made timely request for the same. Written
notices shall be given at such time and in such manner as shall be
prescribed by ordinance or, in the absence of ordinance provision,
by rules of the Board of Supervisors.
(3)
The Board of Supervisors may prescribe reasonable
fees with respect to hearings.
(4)
The parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record before the Board of Supervisors and any other person, including
civic or community organizations permitted to appear by the Board
of Supervisors. The Board of Supervisors shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Board of Supervisors for that
purpose.
(5)
The Chairman or Acting Chairman of the Board
of Supervisors shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
(6)
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
(7)
Formal rules of evidence shall not apply, but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
(8)
The Board of Supervisors may keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be paid by the applicant. The cost of the original transcript shall
be paid by the Board of Supervisors if the transcript is ordered by
the Board of Supervisors; or shall be paid by the person appealing
the decision of the Board of Supervisors if such appeal is made, and
in either event, the cost of additional copies shall be paid by the
person requesting such copy or copies. In other cases the party requesting
the original transcript shall bear the cost thereof.
F.
Time limitation. If the conditional use is granted,
the necessary permit shall be secured and the authorized action begun
within six months, and the building or alteration, as the case may
be, shall be completed within 12 months of said date. However, upon
written request by the applicant and for good cause, the Board of
Supervisors may extend either the six-month or twelve-month period,
or both. In the case of an approval for a land development or a subdivision,
the time period shall be automatically increased to 12 months to secure
a permit and commence the work and 24 months to complete the work,
unless approved differently under conditions attached by the Board
of Supervisors. Should the applicant fail to obtain the necessary
permit within the required time, or having obtained the permit should
he fail to commence and complete the work thereunder within the required
time, or should the applicant fail to obtain an extension, as provided
in this section, it shall be conclusively presumed that the applicant
has waived, withdrawn or abandoned his application, and all approvals
and permits granted to him shall be deemed automatically rescinded
by the Board of Supervisors.
[Amended 10-17-2007 by Ord. No. 229]
G.
Multiple and pending applications.
(1)
Legislative intent. The consideration of multiple
applications for a single property at the same time creates substantial
additional administrative work for the Township staff and the volunteer
members of the Board of Supervisors. The Township staff must maintain
multiple files with differing time limits within which the Board of
Supervisors is required to schedule hearings and render decisions.
The Township staff and the Board of Supervisors must also insure that
each submission, letter or other document is properly included in
the record of one or more of the multiple application files, as appropriate.
Documents which cannot be easily reproduced, such as plans or documents
which are bulky, must be cross-referenced. The Township incurs costs
to store plans and other documentation associated with an application,
which are increased by having to retain copies in each file and to
cross-reference each application. The costs to the Township which
arise from multiple applications at one time relating to a single
property are greater than the Township's costs to administer single
applications for various properties.
(2)
Application fee. In recognition of the increased
costs to the Township to process multiple applications for a single
property, the application fee as established by ordinance or resolution
of the Board of Supervisors shall be doubled for any second or subsequent
application to the Board of Supervisors under the following circumstances:
(a)
Where an applicant files an application for
a property while an application is pending before the Board of Supervisors
for the same property.
(b)
Where an applicant files an application for
a conditional use to the Board of Supervisors under the same section
of this chapter within one year of the date of a final decision on
an application for a conditional use under the same section of this
chapter for the same property.
(3)
Number of applications which may be pending.
No more than one application for the same property shall be pending
before the Board of Supervisors at any time. If an applicant files
a second or subsequent application with the Board of Supervisors while
an application for the same property is pending, the Board of Supervisors
shall schedule a hearing for the second or subsequent application
as required by the MPC and may deny the second or subsequent application
for violation of this section unless that applicant has, in writing,
withdrawn the application for the property which was pending on the
date the second or subsequent application was filed.
(4)
Reconsideration. After the Board of Supervisors
has rendered a decision or after a court of competent jurisdiction
has rendered a final determination upon an appeal from a decision
of the Board of Supervisors on an application for a conditional use,
the applicant, his successors and assigns, shall not be permitted
to file an application for a conditional use under the same section
of this chapter for a period of one year from the date of the decision
of the Board of Supervisors or order of the court, whichever is later.
Any reapplication for a conditional use under the same section of
this chapter shall be considered a request for a reconsideration of
the Board of Supervisors's decision. The Board of Supervisors does
not have jurisdiction to reconsider a decision. If an applicant files
an application for such a reconsideration, whether or not the applicant
terms his application a request for reconsideration, the Board of
Supervisors shall schedule a hearing on the application for reconsideration
in accordance with the requirements of the MPC and may deny the application
for violation of this section and because the Board of Supervisors
does not have such jurisdiction under MPC § 909.1(a). Nothing
contained herein shall prevent the Board of Supervisors from denying
an application for a conditional use or challenge to the validity
of this chapter based upon res judicata, collateral estoppel or other
concepts of issue preclusion.
[Added 3-18-2015 by Ord.
No. 269]
The Board of Supervisors shall consider and act upon applications for development within the Campus Industrial Zone (I-2) consisting of development plans in the form of master plans meeting the requirements of § 340-19D. The Zoning Officer shall not issue a permit to enable erection of a structure unless such structure is part of an approved master plan. The Zoning Officer shall not issue a permit to enable erection of a sign authorized by § 340-19M unless such sign is part of an approved master plan.
A.
The Board of Supervisors may, in its discretion, initiate the preparation
of a master plan for areas within the (I-2) Zone. If the Board of
Supervisors elects to have the Township prepare a master plan, the
Board of Supervisors shall request the review and comment of the Planning
Commission and shall approve such master plan by motion after receipt
of the review and comment of the Planning Commission. Before voting
upon the approval of the master plan, notice of the intended action
shall be mailed by the Township by first-class mail to the addresses
to which real estate tax bills are sent for all real property located
within the area to be included within the master plan as evidenced
by the tax records within the possession of the Township.
B.
An applicant may file an application for approval of a master plan at any time; provided, however, that no subdivision or land development plan for land within the (I-2) Zone shall be approved prior to approval of a master plan containing such land. The master plan application shall meet all of the requirements of § 340-19 and shall be accompanied by any application and/or review fees or escrow established by the Board of Supervisors. The applicant shall agree to reimburse the Township for all reasonable engineering and legal fees incurred in the review of the master plan and supporting documentation.
C.
Any application for approval of a master plan shall be referred to
the Planning Commission for review and recommendation. The applicant
or its consultant shall appear at the meeting of the Planning Commission
at which the master plan shall be reviewed.
D.
The Board of Supervisors shall act upon the master plan application
at a public meeting held within 60 days following the date the application
is filed. The Board of Supervisors may approve the master plan, may
request changes to the master plan, or may deny the master plan if
such plan does not comply with the requirements of this chapter. If
the Board of Supervisors requests changes to the master plan, the
applicant shall provide a revised master plan for the review of the
Planning Commission and Board of Supervisors before the Board of Supervisors
takes action on the master plan. The Board of Supervisors shall render
its decision on the master plan by motion. Approval of the master
plan by the Board of Supervisors does not constitute approval under
or supersede the need to obtain approval pursuant to any other governing
ordinances or statutes.
