A.
A Zoning Officer shall be appointed by the governing
body to administer and enforce this chapter. The Zoning Officer shall
not hold any elective office in Washington Township.
B.
Duties and powers of the Zoning Officer. It shall
be the duty of the Zoning Officer to enforce literally the provisions
of this chapter and the amendments hereto. He shall have such duties
and powers as are conferred upon him by this chapter and as are reasonably
implied for that purpose. The duties of the Zoning Officer shall include
but are not limited to the following:
(1)
Receiving zoning applications and issuing zoning permits
and sign permits as permitted by the terms of this chapter.
(2)
Keeping an official record of all business and activities,
including complaints of a violation of any of the provisions of this
chapter and of the subsequent action taken on each such complaint.
All such records shall be open to public inspection. File copies of
all applications received, permits issued and reports and inspections
made in connection with any structure, building, sign or use of land
shall be permanently retained.
(3)
Making inspections as required to fulfill his duties.
(4)
Issuing permits for uses by special exception and for variances from the terms of this chapter, upon approval of such by the Zoning Hearing Board, in accordance with the terms of § 131-105 of this chapter.
(5)
Being responsible for keeping this chapter and the
Official Zoning Map up-to-date, including all amendments hereto.
(6)
Issuing certificates of use and occupancy in accordance
with the terms of this article.
C.
Notice of violations. The Zoning Officer shall serve a notice of violation on any person, firm, corporation, partnership or other entity responsible for violating any of the provisions of this chapter or of any amendment hereto or in violation of a detailed statement on a plan approved under this or any other ordinance of the Township or of any amendment to such an ordinance. Such notice shall be served in the manner prescribed by § 131-110 of this chapter.
A.
No building, structure or sign shall be erected, constructed,
moved, added to or structurally altered, nor shall any land be put
to such use without a permit therefor issued by the Zoning Officer.
No such permit shall be issued except in conformity with the provisions
of this chapter or upon written order from the Zoning Hearing Board
in the form of a special exception, variance or as otherwise provided
for by this chapter, any applicable laws or any court of competent
jurisdiction.
B.
Form of application.
(1)
All applications shall be in writing and shall be
accompanied by two sets of plans showing, as a minimum, the following
information:
(a)
The actual dimensions and shape of the lot to
be built upon.
(b)
The exact size and location on the lot of buildings,
structures and signs existing, proposed extensions thereto or to be
constructed thereon.
(c)
The number of dwelling units, if any, to be
provided.
(d)
Parking spaces and loading facilities to be
provided, if any.
(e)
A statement indicating the existing and proposed
use.
(f)
The height of structures, buildings and signs
which are proposed as new construction or as additions to or replacements
of such similar existing structures.
(g)
All other information necessary as may be required
by the Zoning Officer to determine compliance with and to provide
for the enforcement of this chapter.
(2)
One copy of the plans shall be returned to the applicant
by the Zoning Officer after he shall have marked such copy either
as approved or as disapproved and attested to the same by his signature
on such copy.
(3)
One copy of all such plans shall be retained by the
Zoning Officer for the permanent records of the Township.
(4)
Such approval and building permit shall be issued
or denied within 30 days from the date upon which a complete application
was received by the Township. In the event that a permit is denied,
the applicant shall be informed of his rights of appeal. The application
for a permit shall be submitted on such forms as the Zoning Officer
may prescribe.
C.
Expiration of building permit. A building permit shall
expire six months after the date of issuance if work described in
any permit has not begun. If work described in any building permit
has begun within said six-month period, said permit shall expire two
years from its date of issuance.
A certificate of use and occupancy shall be
required upon the completion of the work for which a building permit
was issued. It shall be unlawful to use or occupy any structure, building
or land or portions thereof in any manner until a certificate of use
and occupancy has been issued.
A.
Form of application. The application for a certificate
of use and occupancy shall be submitted in such form as the Zoning
Officer may prescribe.
B.
Issuance of certificate of use and occupancy.
(1)
The Zoning Officer shall inspect structures, buildings,
signs and land or portions thereof to determine conformance with the
building permit issued therefor. If he is satisfied that the completed
work is in conformity with this chapter and with the work listed in
the building permit, he shall issue a certificate of use and occupancy.
(2)
A certificate of use and occupancy shall be granted
or refused, in writing, within 10 days of the date of application.
(3)
No certificate of use and occupancy for a commercial or industrial facility shall become permanent until 30 days after the facility is fully operating and when, upon reinspection by the Zoning Officer, it is determined that said facility is in compliance with all performance standards required by § 131-79.
A.
Scope. No exterior sign shall be erected, rebuilt,
altered, relocated or enlarged until a permit is issued for such purpose
by the Zoning Officer in accordance with the terms of this section.
The following types of signs are exempt from such requirement:
B.
Application procedures. Applications shall be made,
in writing, to the Zoning Officer on a form as shall be specified
for such purpose and shall contain the following:
(1)
A detailed drawing to scale of the sign showing its
intended location and stating how it shall be affixed.
(2)
A statement indicating the type of construction and
the manner of installation, together with the materials to be used.
(3)
A written agreement that the applicant is the owner
of the premises on which the sign will be erected or that the applicant
has obtained the consent of the owner to erect such sign.
(4)
A written agreement that the sign shall be erected
according to the accompanying plans and specifications.
C.
Freestanding signs.
(1)
If the sign is to be supported by a separate structure
to be erected for that purpose, then the applicant shall supply a
map of the lot indicating the location of the proposed sign and showing
the distance of that location from the lot lines, as measured along
lines perpendicular to said lot lines.
(2)
A scaled drawing or a photograph of a similar sign
shall accompany the application.
(3)
A certificate of use and occupancy shall be required
for freestanding signs, but for no other type of sign.
D.
Review procedure. Permits shall be granted or denied
within 20 days from the date upon which a complete application was
received by the Township. All approved permits, together with the
accompanying information, shall be retained as items of public record.
E.
Denial. No sign permit shall be granted unless the application conforms to the requirements of this section and § 131-78 of this chapter. If the denial is based upon an interpretation of this chapter, the applicant shall be informed of this right of appeal to the Zoning Hearing Board. If the denial is based upon a violation of this chapter, then the applicant shall be informed of his right to a revision by amendment and of his right to relief by variance.
F.
Duration of permit. All sign permits granted shall
remain valid for a period of six months. If the applicant has not
initiated and continued the necessary work to erect the sign within
that time, a new sign permit shall be required.
A.
Scope. This section shall regulate the operation of
private airstrips and helipads by individuals.
B.
Application. Any person desiring to maintain a private
airplane or helicopter on his lot shall apply for a permit. Such application
shall include the following information:
(1)
A map of the lot, showing the location of the runway,
necessary approach zone and parking apron.
(2)
A statement indicating the reasons for the need to
utilize an airport or helipad and the flight experience of the applicant.
(3)
A description of the type of airplane or helicopter
to be used, with its stated capacities.
(4)
A statement of the intended use of the airplane or
helicopter and prospective pilots.
C.
Standards for approval. The following conditions must
be satisfied:
(1)
All applicable federal and state regulations shall
be met.
(2)
There must be a setback (called the "lateral clear
zone") extending 200 feet off the center line of the runway to any
lot line.
(3)
Permitted aircraft are limited to single-engine, propeller-driven
craft; jet-engine aircraft are prohibited. No more than two aircraft
of the permitted type shall be permitted at a private airport or helipad.
(4)
No application shall be approved which does not provide
a runway of at least 2,000 feet, an approach zone of not less than
1,000 feet and a parking apron of not less than 1,000 feet.
(5)
No activities shall be permitted by which any commercial
use is made of the airplane.
Wherever this chapter provides for conditional
uses to be granted or denied by the Board of Supervisors of Washington
Township, the procedures set forth in this section shall be the exclusive
mode for securing authorization for or approval of any such conditional
use. The Board of Supervisors shall give consideration to all applications
for conditional uses in accordance with these provisions.
A.
Application.
(1)
An application for a conditional use shall be
made, in writing, to the Board of Supervisors and shall be accompanied
by the written material and data hereinafter required, along with
such other written and graphic material as may be required by the
Board of Supervisors to enable it to adequately make the decisions
and determinations required by this chapter.
(2)
Five copies of all applications, along with
the material and data required by this chapter, shall be submitted
to the Board of Supervisors, along with such fees as may be established
from time to time by resolution of the Board of Supervisors.
B.
Review by the Washington Township Planning Commission.
[Amended 3-12-1998 by Ord. No. 1998-2]
(1)
Within 15 business days of the receipt of a
complete application and all applicable fees, the Board of Supervisors
shall submit three copies of the complete application to the Chairman
of the Township Planning Commission. The Planning Commission shall
complete its review of the application and prepare a written report
to the Board of Supervisors, presenting its findings within 45 days
following receipt of the applications by the Planning Commission.
(2)
The Board of Supervisors shall make at least
two copies of the Planning Commission's report available for public
inspection at the Township Building within 10 days of its receipt
of said report. The reports shall remain available for public inspection
during the posted hours of operation of the Township Building until
a final decision has been rendered on the application by the Board
of Supervisors.
C.
Conduct of hearings.
(1)
Within 30 business days of the receipt of a
complete application for conditional use, including all fees, the
Board of Supervisors shall give the first of two written public notices
of the receipt of such application. The written public notice shall
include but need not be limited to the following information:
(a)
The identity of the applicant for conditional
use.
(b)
The specific type of use applied for.
(c)
The location of the proposed conditional use.
Such written public notice shall be published once a week for at least
two consecutive weeks in a newspaper of general circulation in Washington
Township.
(2)
The Board of Supervisors shall schedule a public
hearing to obtain comments on the application from all interested
parties. Such public hearing shall be held no earlier than 45 days
and no later than 75 days following the receipt of the application.
A written notice announcing the public hearing shall be published
once a week for two successive weeks, with the first publication being
no earlier than 30 days and the second publication being no later
than seven days prior to said hearing in a newspaper of general circulation
in Washington Township.
[Amended 3-12-1998 by Ord. No. 1998-2]
(3)
The Board of Supervisors shall give written notice, either through
electronic or mailed notice, of any public hearing to the applicant,
to the Zoning Officer and to any person who has made a timely request
for such notice.
[Amended 11-19-2015 by Ord. No. 2015-07]
(4)
The parties to the public hearing shall be the
applicant, any person affected by the application who has made a timely
appearance of record before the Board of Supervisors and any other
person (including civic or community organizations) who has made a
timely appearance of record before the Board of Supervisors. The Board
shall have the power to require that all persons who wish to be considered
parties enter appearances, in writing, on forms supplied by the Board
for such purpose.
(5)
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to present evidence
and argument and to cross-examine witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply; however,
irrelevant, immaterial or unduly repetitious evidence may be excluded.
(7)
The Board shall keep a stenographic record of
the proceedings. A transcript of the proceedings and copies of graphic
or written material received in evidence shall be made available to
any party at cost.
(8)
The hearing shall be conducted by the Board
or the Board may appoint any member or an independent attorney as
a hearing officer. The decision, or, where no decision is called for,
the findings, shall be made by the Board. However, the appellant or
the applicant, as the case may be, in addition to the municipality,
may, prior to the decision of the hearing, waive decision or findings
by the Board and accept the decision or findings of the hearing officer
as final.
[Added 12-12-2002 by Ord. No. 2002-6]
D.
Decision by the Board of Supervisors.
(1)
The Board of Supervisors shall render a written
decision upon applications for conditional use within 60 days of the
last public hearing before the Board. In authorizing or approving
any such conditional use, the Board of Supervisors shall have the
power to attach such reasonable conditions and safeguards as it may
deem necessary to implement the purpose of this chapter or to support
the purpose of the district within which the conditional use is or
will be located.
(2)
Where the application is contested or denied,
the written decision shall be accompanied by findings of fact and
conclusions based thereon, together with the reasons therefor. Conclusions
based upon any provision of the Pennsylvania Municipalities Planning
Code (53 P.S. § 10101 et seq.) or upon any ordinance, rule
or regulation of the Township shall contain a reference to the provision
relied upon and the reasons why the conclusion is deemed appropriate
in light of the facts found.
(3)
Where the governing body fails to render the
decision within the period as provided in the Pennsylvania Municipalities
Planning Code[1] or fails to commence, conduct or complete the required hearing as provided in § 131-104B(1)(b) and (c), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, the governing body shall give the public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirement of this act. If the governing body shall fail to provide such notice, the applicant may do so.
[Amended 12-12-2002 by Ord. No. 2002-6; 3-27-2003 by Ord. No. 2003-3]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(4)
A copy of the written decision shall be delivered
to the applicant personally or mailed to him postmarked not later
than the business day next following the date of the decision. To
all other persons who have filed their names and addresses with the
Board of Supervisors not later than the date of the last public hearing,
the Board shall provide, by mail or otherwise, brief notice of the
decision and a statement indicating where the full decision may be
examined.
(5)
Nothing in this subsection shall prejudice the
right of any party opposing the application to urge that the decision
of the Board of Supervisors is erroneous.
E.
General standards. In considering applications for
conditional use, the Board of Supervisors shall:
(1)
Assure itself that the proposed use is consistent
with the spirit, purpose and intent of this chapter and of the zoning
district within which it is located.
(2)
Determine that the proposed use will have no
deleterious effect upon the use of neighboring properties or upon
the character of the neighborhood and that the properties adjacent
to the proposed use are adequately safeguarded.
(3)
Determine that the proposed use will serve the
best interests of the Township, the convenience of the community and
the public health, safety and welfare.
(4)
Consider the effect of the proposed use upon
the logical, efficient and economical extension of public services
and facilities.
(5)
Consider the social, environmental and economic
impact of the proposed use against logical alternatives.
(6)
Be guided in its study, review and recommendation
by sound standards of land development practice, where applicable.
(7)
Guide the development of state and local highway
frontage to limit the total number of access points, encouraging the
placement of access to buildings on roads perpendicular to major highways.
(8)
Impose such conditions, in addition to those
required, as are necessary to assure compliance with the general purpose
and intent of this chapter, which shall include but not necessarily
be limited to the harmonious design of buildings, provision of plantings
and the maintenance of the same as a visual and/or aural barrier and
the minimization of noxious, offensive or hazardous elements.
(9)
Weigh each case on its own merits separately,
based upon pertinent information presented to or otherwise known to
the Board, without regard to any previous case but giving full application
to all Township ordinances.
A.
The Board of Supervisors shall establish by resolution
a schedule of fees, charges, expenses and collection procedures for
zoning permits, certificates of use and occupancy, conditional uses,
special exceptions, variances, appeals, curative amendment hearings
and other matters pertaining to the administration of this chapter.
B.
Said schedule of fees shall be available for inspection
in the office of the Zoning Officer.
C.
The schedule of fees may be altered or amended by
resolution of the Board of Supervisors.
D.
Until all application fees, charges and expenses have
been paid in full, no action shall be taken on any application or
appeal.
The Board of Supervisors may from time to time
amend, supplement, change, modify or repeal this chapter, including
the Zoning Map,[1] by proceeding in the manner prescribed by this section.
A.
Amendment by the Board of Supervisors.
(1)
The Board of Supervisors, by resolution adopted at a public meeting, shall fix the time and place of a public hearing on a proposed amendment. Notice of the hearing shall be provided in conformance with Subsection D.
(2)
The Board of Supervisors shall refer each proposed
change or amendment to the Township Planning Commission and the Berks
County Planning Commission at least 30 days prior to the hearing on
such proposed amendment to provide each Planning Commission an opportunity
to submit its recommendation on the proposed amendment. The Planning
Commissions shall consider whether or not the proposed change or amendment
would be, in the view of the Commissions, consistent with the purposes
and objectives set forth in this chapter and desirable in the furtherance
of the goals and objectives found in the Washington Township Comprehensive
Plan.
B.
Curative amendments
(1)
A landowner who desires to challenge on substantive
grounds the validity of this chapter, any provision thereof or the
Zoning Map[2] which prohibits or restricts the use or development of
land in which he has an interest may submit a curative amendment to
the Board of Supervisors along with a written request that his challenge
and proposed amendment be heard and decided as provided for in Sections
609.1 and 916.1 of the Pennsylvania Municipalities Planning Code,
as amended (53 P.S. §§ 10609.1 and 10916.1, respectively).
[2]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
(2)
The Board of Supervisors shall commence a hearing
upon such request within 60 days of receipt of such request, in accordance
with Section 916.1 of the Pennsylvania Municipalities Planning Code
(53 P.S. § 10916.1).
(3)
The curative amendment shall be referred to the Berks County Planning Commission and the Washington Township Planning Commission in accordance with Subsection A(2) of this section, and notice of the hearing thereon shall be given as provided in Subsection D below. The hearing shall be conducted in accordance with § 131-104 of this chapter. All references therein to the Zoning Hearing Board shall, for purposes of this section, be interpreted as references to the Board of Supervisors.
C.
Public hearing.
(1)
Before voting on the enactment of an amendment,
the governing body shall hold a public hearing thereon, pursuant to
public notice. In addition, if the proposed amendment involves a Zoning
Map[3] change, notice of said public hearing shall be conspicuously
posted by the municipality at points deemed sufficient by the municipality
along the tract to notify potentially interested citizens. The affected
tract or area shall be posted at least one week prior to the date
of the hearing. In addition to the requirement that notice be posted
at least one week prior to the date of the hearing, where the proposed
amendment involves a Zoning Map change, notice of the public hearing
shall be distributed through either electronic or mailed notice by
the municipality at least 30 days prior to the date of the hearing.
Mailed notice shall be distributed by first-class mail to the addresses
to which real estate tax bills are sent for all real property located
within the area being rezoned, as evidenced by tax records in the
possession of the municipality. The notice shall include the location,
date and time of the public hearing. A good-faith effort and substantial
compliance shall satisfy the requirements of this subsection. This
clause shall not apply when the rezoning constitutes a comprehensive
rezoning.
[Amended 12-12-2002 by Ord. No. 2002-6; 11-19-2015 by Ord. No. 2015-07]
[3]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
(2)
Public notice of such hearing shall include
either the full text of the proposed amendment or change or a brief
summary of the principal provisions in reasonable detail and a reference
to where within the Township copies of the proposed amendment or change
may be examined prior to the hearing.
(3)
If, after a public hearing held upon an amendment
or change, the proposed amendment or change is revised or further
revised to include land previously unaffected, the Board of Supervisors
shall hold another public hearing pursuant to public notice prior
to voting on the amendment or change.
(4)
The vote by the Board of Supervisors concerning
the amendment or change shall be no more than 90 days after the last
public hearing.
D.
Notice of hearing. Notices of public hearings 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 appear
not more than 30 days prior to the hearing date. The second publication
shall appear not less than seven days prior to the hearing date.
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
