[Ord. 85-2, 3/5/1985, § 2201]
1.
The Zoning Officer. The provisions of this chapter shall be enforced
by an agent to be appointed by the Board of Township Supervisors who
shall be known as the Zoning Officer.
2.
Deputy. The Board of Supervisors may designate an employee or employees
of the Township as Deputy Zoning Officer who may exercise all the
powers of the Zoning Officer.
3.
Compensation. The compensation for the Zoning Officer and Deputy
Zoning Officers shall be determined by the Board of Supervisors.
4.
Duties and Responsibilities. The Zoning Officer shall have all the
duties and powers conferred by this chapter in addition to those reasonably
implied for that purpose. No permit shall be issued in connection
with any contemplated erection, construction, alteration, repair,
extension, replacement and/or use of any building, structure, sign
and/or land unless it first conforms with the requirements of this
chapter, all other ordinances of the Township and with the laws of
the Commonwealth of Pennsylvania. He shall:
A.
Receive applications, process the same and issue permits for the
erection, construction, alteration, repair, extension, replacement
and/or use of any building, structure, sign and/or use of any building,
structure, sign and/or land in the Township.
B.
At his discretion, examine or cause to be examined, all buildings,
structures, signs, and/or land or portions thereof, for which an application
has been fired for the erection, construction, alteration, repair,
extension, replacement and/or use before issuing any permit. Thereafter,
he may make such inspections during the completion of work for which
a permit has been issued. Upon completion of the building, structure,
sign and/or change, a final inspection shall be noted and the holder
of the permit shall be notified of any discrepancies.
C.
Keep a record of all applications received, all permits and certificates
issued, reports of inspection, notices and orders issued and the complete
recording of all pertinent factors involved. He shall file and safely
keep copies of all plans permitted, and the same shall form a part
of the records of his office and shall be available for the use of
the Board of Township Supervisors and other officials of the Township.
At least annually, he shall submit to the Board of Township Supervisors
a written statement of all permits and certificates of use and occupancy
issued, and violations and stop work orders recommend or promulgated.
[Ord. 85-2, 3/5/1985, § 2202; as amended by Ord.
95-3, 2/21/1995]
Fees for permits shall be paid in accordance with the Township
Fee Schedule to be adopted from time to time by resolution of the
Board of Supervisors, and all such fees shall be paid into the Township
Treasury. Each applicant for an appeal, special exception or variance
shall, at the time of making application, pay a fee, in accordance
with the aforementioned Fee Schedule, for the cost of advertising
and mailing notices as required by this chapter and the rules of the
Zoning Hearing Board. The resolution establishing the Fee Schedule
may provide that deposit shall be required upon the issuance of a
zoning permit authorizing the erection, construction, or alteration
of any building or portions thereof, which deposit shall be refunded
to the holder of such permit, upon certification by the Zoning Officer
that the work has been inspected and approved as being in conformity
with the zoning permit and the provisions of this and other applicable
ordinances.
[Ord. 85-2, 3/5/1985, § 2203; as amended by Ord.
04-11, 8/10/2004]
1.
Requirements. It shall be unlawful to commence the excavation for
or the construction or erection of any building, including an accessory
building, or to commence the moving or alteration of any building,
including an accessory building, until the Zoning Officer has issued
a building permit for such work. No permit shall be required for repairs
to or maintenance of any building, structure or grounds, provided
such repairs or maintenance do not change the use, change or add to
the building structurally or otherwise violate the provisions of this
chapter. It shall also be unlawful to commence
any development as defined in the Floodplain Management Ordinance
on any property in Warrington Township, regardless of location in
relationship to special hazard floodplain areas identified on Flood
Insurance Rate Maps issued by the Federal Emergency Management Agency
and updated from time to time, without first obtaining a permit from
the Zoning Officer and floodplain administrator.
[Amended by Ord. 2014-O-21, 11/11/2014]
2.
Form of Application. The application for a permit shall be submitted
in such form as shall be prescribed by the Board of Supervisors and
shall be accompanied by the required fee as hereinafter prescribed.
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 officer, if the
owner or lessee is a corporate body, shall be stated in the application.
3.
Required Documentation.
A.
Description of Work. The application shall contain a general description
of the proposed work, use and occupancy of all parts of the building,
structure or sign and such additional information as may be required
by the Zoning Officer. The application for the permit shall be accompanied
by a plot plan of the proposed building, structure or sign drawn to
scale with sufficient clarity to show the nature and character of
the work to be performed, including off-street parking and loading
space if required, the location of new and existing construction,
and the distances of same from the existing lot lines.
B.
Site Plan. The construction documents submitted with the application
shall be accompanied by a site plan, drawn to scale, showing the size
and location of new construction and existing structures on the site,
distances from lot lines, the established street grades and the proposed
finished grades. The plan shall be drawn in accordance with an accurate
boundary line survey.
(1)
In the case of applications for a new residential or nonresidential
building, structure or additions to nonresidential buildings and structures,
the site plan shall be prepared in three stages (plot plan, confirmation
plan and as-built plan) by a professional engineer or land surveyor,
registered to practice in the Commonwealth of Pennsylvania. All plans
shall be drawn to an accurate scale of not less than 50 feet to the
inch with all elevations established by the builder or owner's
engineer or land surveyor on the subdivision or land development plan.
(2)
In addition to the general requirements listed in the SALDO,
plans shall show the following:
(a)
Plot Plan.
1)
Location of property showing the nearest intersecting street
and distance in feet and decimal parts thereof, of property therefrom,
together with a north point.
2)
Dimensions, bearings and lot numbers as a plan of record.
3)
The location of boundary monuments and pins.
4)
Lot area in square feet or acres.
5)
Building area in square feet.
6)
Size and location of existing and proposed improvements.
7)
All existing and proposed easements, restrictions, utility structures,
land features and surrounding properties.
8)
Topographical information, at contour intervals of no less than
two feet.
9)
Current zoning information, including name of district, minimum
lot size, minimum setbacks and maximum impervious surfaces.
10)
Zoning restriction lines, including front, side, rear and buffer
yard setbacks.
11)
The proposed method for discharge of rainwater and surface waters
from the premises, including proposed grading.
12)
In the case of a plot plan being prepared for a Zoning Hearing
Board hearing, the plan shall show square foot area of each floor.
13)
In the case of a plot plan being prepared for a Zoning Hearing
Board hearing showing a building encroaching in a restricted area,
the plan shall show the distance between front, side or rear property
lines and the encroaching building.
14)
Proposed basement, garage and first floor elevation.
15)
The plan shall be drawn to scale, dated, bear the job number,
and be signed and sealed by the responsible registered professional.
The plan shall bear the name of the person for whom the plan has been
prepared, the address, tax parcel number, subdivision lot number and
name of the development.
(b)
Confirmation Plan. After the building permit is issued, there
shall also be filed a confirmation plan to be used to confirm the
submitted plot plan or amend the plan to the actual basement, garage
and first floor elevations immediately following the building foundation
construction. The plans shall include locations, elevations, reference
points or benchmarks, dates signed and sealed by the responsible registered
professional.
(c)
As-Built Plan. Prior to the issuance of a Certificate of Occupancy,
an "as-built" survey, with all details required for plot plans established
in § 2403(3)(B)(2)(a), containing the approval of the Township
Engineer shall be filed with the Zoning Officer.
(3)
In the case of demolition, the site plan shall show construction
to be demolished and the location and size of existing structures
and construction that are to remain on the site or plot.
(4)
In the case of residential additions, accessory buildings, structures
and alterations, the building official is authorized to waive or modify
the requirement for a site plan.
4.
Time Limit for Applications. An application for a permit for any
proposed work shall be deemed to have been abandoned six months after
the date of filing, unless such application has been diligently prosecuted
or a permit shall have been issued; except that reasonable extensions
of time for additional periods not exceeding 90 days each may be granted
at the discretion of the Zoning Officer.
5.
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 shall reject such application in writing, stating the
reasons therefor. He shall inform the applicant of his right of 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 shall issue a permit therefor as soon as practical.
6.
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.
7.
Revocation of Permits. 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 plan on which the permit or approval was based or for any other
cause set forth in this chapter.
8.
Posting of Permit. A true copy of the permit shall be posted kept
on the site of operations open to public inspection during the entire
time of prosecution of the work or use and until the completion of
the same as defined on the application.
9.
Temporary Permit. A temporary permit may be authorized by the Zoning
Officer for a nonconforming structure or use which it deems necessary
to promote the proper development of the community provided, that
such nonconforming structure or use shall be completely removed upon
expiration of the permit without cost to the Township. Such permits
shall be issue for a specified period of time not to exceed one year
and may be renewed annually for an aggregate period not exceeding
three years.
10.
Payment of Fees. No permit to begin work for the erection, construction,
alteration, repair, extension, replacement and/or use of any building,
structure, sign and/or land for construction or use purposes shall
be issued until the fees prescribed by the Board of Township Supervisors
pursuant to resolution shall be paid to the Zoning Officer. The payment
of fees under this section shall not relieve the applicant or holder
of said permit from payment of other fees that may be required by
this chapter, or any other ordinance or law.
11.
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.
12.
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.
[Ord. 85-2, 3/5/1985; as added by Ord. 98-5, 3/10/1998, § I]
1.
Definitions. When used in this section, the word "demolish" or "demolition"
shall mean to alter a structure by rendering it unfit for use to such
an extent that repair is not feasible or is so costly as to be economically
prohibited.
2.
Requirement for Demolition Permit. No building or other structure
may be demolished without first securing a demolition permit from
the Township. It shall be unlawful for any person to commence the
demolition of any building, structure or portion thereof until a permit
has been duly issued therefor.
3.
Application for Demolition Permit. An application for a demolition
permit shall be made to the Township Zoning Officer in writing on
a form furnished by the Township, and any demolition permit fee adopted
by resolution of the Board of Supervisors, which fee may be amended
from time to time by resolution of the Board of Supervisors, shall
be paid.
4.
Issuance of Demolition Permit.
A.
The Township Zoning Officer may hold any application for a permit
to demolish a building for a period not to exceed 30 days from the
date of the application. During the thirty-day period, the applicant
shall permit the Township and/or its duly authorized historical commission
and/or such consultants as are experts in the fields of architectural
restoration, structural engineering, and like fields as the Township
or the historical commission sees fit, to enter upon and inspect the
structure to be demolished to assess its historical significance.
If the application is for a property which is found to be on the National
Register of Historical Places or is found to be eligible for registration
on the National Register of Historical Places, the application shall
be held for an additional 60 days to permit time to investigate how
the property may be preserved.
B.
If historically significant features are discovered, e.g., stairways,
decorative trim paneling, beams, etc., during the period the application
is held, the applicant shall cooperate in permitting these features
to be removed for preservation before the building is demolished.
[Ord. 85-2, 3/5/1985, § 2204]
1.
It shall be unlawful to use and/or occupy any structure, building,
sign and/or land portion thereof for which a 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 permit
is filed with the Zoning Officer, as herein required.
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 is required for a permit.
3.
The application shall specify the intended use and/or occupancy of
any structure, building, sign, and/or land or portion thereof for
which a permit is required herein. Any such structure, building, sign
and/or land or portion thereof for which a permit has been issued
shall be used for only the use(s) specified and none other.
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 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 within the Township offices for official inspection
at all times.
6.
Upon request of a holder of a 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 public
or semipublic proposes 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.
[Ord. 85-2, 3/5/1985, § 2205; as amended by Ord.
89-8, —/—/1989]
1.
The construction, erection, replacement, alteration, repair, extension
and/or use of any structure, building, sign and/or rand or the change
of any use, area of use, percentage of use or extension or displacement
of use of any structure, building, sign and/or land without first
obtaining a permit, or the use of any building, structure, sign, and/or
land without receipt of a certificate of use and occupancy or the
failure to comply with any other provisions of this chapter, are hereby
declared to be violations of this chapter.
2.
Enforcement Notice.
A.
The Zoning Officer shall send a written enforcement notice to the
owner of record of the parcel on which the violation has occurred,
to any person who has filed a written requires 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 rearing board within a prescribed period of time in accordance
with procedures set forth in this 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.
3.
In case any building, structure, landscaping or land is, or is proposed
to be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of any ordinance enacted under this Act or prior
to the 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 premise, 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.
4.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by Warrington Township, pay a judgment of not more than
$500 plus all court costs including reasonable attorney fees incurred
by Warrington Township as a result thereof. No judgment shall commence
or be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, Warrington 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 the ordinance 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 zoning ordinances shall be paid
over to Warrington Township.
[Ord. 85-2, 3/5/1985, § 2206; as amended by Ord.
95-1, 2/21/1995, § 1; and by Ord. 99-6, 5/11/1999, § 11]
1.
Creation and Membership. The Zoning Hearing Board created under previous
ordinances shall continue, said members having been appointed by the
Board of Supervisors. The Board shall consist of five members, each
of which shall serve a term of five years. Terms shall be staggered
so that one member's term shall expire on December 31 of each
year. The members of the Board shall be removable for cause, by the
Board of Supervisors, in accordance with the provisions in Act 247.
Vacancies shall be filled by appointment of the Board of Supervisors
for the unexpired term of any member whose term become vacant. The
Board of Supervisors may also reappoint members of the Board whose
terms have expired.
2.
General Procedures. The Zoning Hearing Board shall be governed by
the provisions of the "Pennsylvania Municipalities Planning Code,"
Act 247 of 1968, amended, by Act 93 of 1972, 53 P.S. § 10101,
as may be amended or revised, and such other Commonwealth of Pennsylvania
laws as may be applicable. As used in this chapter, unless the context
clearly indicates otherwise, the term "Board" shall refer to such
Zoning Hearing Board, and "Act 247" shall refer to the Pennsylvania
Municipalities Planning Code, as amended, as cited above.
3.
Officers. The Board shall elect from its own membership its officer,
who shall serve annual terms as such and may succeed themselves.
4.
Meetings. Meetings shall be held at the call of the Board Chairman
and at such other times as the Board may determine.
5.
Hearings. Hearings will be held and records will be kept in accordance
with Article IX, Act 247.
6.
Powers. The Zoning Hearing Board shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an administrative
official in the enforcement of this chapter or of any ordinance adopted
pursuant hereto.
B.
To hear and decide special exceptions authorized by this chapter.
In granting a special exception, the Zoning Hearing Board may attach
such reasonable conditions and safeguards in addition to those expressed
in the Chapter, as it may deem necessary to implement the purposes
of this chapter. In any case where a special exception is granted,
construction must commence within six months, otherwise the special
exception shall have deemed to have expired. The procedures shall
be the same as those specified under this section. The following requirements
also apply:
(1)
Application shall be made in writing indicating the section
of this chapter under which an exception is sought. A reasonably exact
dimensional sketch shall be furnished showing placement and use of
the proposed buildings; details of parking, loading and lighting;
sidewalks and other pedestrian areas.
(2)
Further, a description of the uses proposed shall be included
in sufficient detail that the objectionable side effects, if any,
can be determined.
(3)
In granting special exceptions, the Zoning Hearing Board shall,
in addition to such other factors as it may deem relevant:
(a)
Give full consideration to the size, scope, extent and character
of the exception desired and assure itself that such request is consistent
with the plan for future land use in the Township and with the spirit,
purpose and intent of this chapter.
(b)
Consider the suitability of the property for the use desired
and the extent to which the new expanded use is susceptible of regulation
or restriction by appropriate conditions and safeguards.
(c)
Consider the public interest in, or the need for the proposed
use or change, and determine that the proposal will service the best
interests of the Township, the convenience of the community (where
applicable), and the public health, safety, morals and general welfare,
but shall not constitute a change of use to one not specifically permitted
by exception in that district.
(d)
Consider, where pertinent, the effects of the proposed change
with respect to congestion on the roads or highways, the most appropriate
use of land, conserving the value of buildings, safety from fire,
panic and other dangers, adequacy of light and air, the prevention
of overcrowding the land, congestion of population and the adequacy
of public and community services.
(e)
Make certain that the proposed change is reasonable in terms
of the logical efficient and economic extension of public services
and facilities, such as public water, sewers, police and fire protection,
transportation and public schools.
(f)
Take into consideration the character and type of development
in the area surrounding the location for which the request is made
and determine that the proposed change or modification, as permitted,
will constitute an appropriate use in the area and will not substantially
injure or detract from the use of surrounding property or from the
character of the neighborhood.
C.
To authorize, upon appeal, in specific cases such variance from the
terms of this chapter as will not be contrary to public interest,
where owing to special conditions a literal enforcement of the provisions
of this chapter will result in unnecessary hardship, in order that
the spirit of the Chapter shall be observed and substantial justice
done.
D.
Variances to the delineated one-hundred-year floodplain line and elevations as specified in the Floodplain Management Ordinance located in the Warrington Township Code of Ordinances, Chapter 8, Floodplains.
E.
In exercising the above mentioned powers, the Board may, in conformity
with the provisions of this Part, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from, and may make such order, requirement, decision or determination
as believed proper. Notice of such decision shall forthwith be given
to all parties in interest.
7.
Notice of Public Hearing. Upon receiving an appeal, the Board shall
fix a reasonable time and place for a public hearing thereon and shall
give the notice thereof:
A.
By advertising at least one week before the hearing, at least one
time in a newspaper of general circulation within the Township.
B.
By mailing due notices at least six days prior to the date of the
hearing to the public in interest. Such parties shall be at least
those persons adjoining or across public roads from the property in
question.
C.
By posting said hearing notice conspicuously on the affected tract
of land.
8.
Public Hearing. The Board shall conduct a public hearing on such
appeal at which hearing any party may appear in person, or by agent
or attorney, and all of said parties so affected shall be given an
opportunity to be heard.
9.
Decision of the Board. The Board shall decide the issue involved
within 45 days after the hearing or, if said hearing is continued,
within 45 days after said continued hearing. If the Board does not
make a decision within 45 days after the hearing or continued hearing,
it shall be deemed that such Board has decided in favor of the Board
of Township Supervisors. Such amendment, supplement, change or repeal
shall be submitted to the Township Planning Department or Planning
Commission for its recommendations and shall be specially found by
the Board of Township Supervisors to be in accordance with the spirit
and intent of the formally adopted portions of the Comprehensive Plan
before final action shall be taken by the Board of Supervisors.
[Amended by Ord. 2014-O-07, 4/8/2014]
10.
Effect of Board's Decision.
A.
If the variance is granted or the issuance of a permit is approved,
or other action by the appellant is authorized, the necessary permit
shall be secured and the authorized action begun within six months
after the date when the variance is finally granted or the issuance
of the permit is finally approved, or the other action by the appellant
is authorized; the building or alteration, as the case may be, shall
be completed within 12 months of said date. For good cause the Board
may, upon application in writing stating the reasons therefor, extend
it for an additional six months.
B.
Should the appellant or applicant fail to obtain the necessary permits
within said six-month-period, or having obtained the permit should
he fail to commence work thereunder within such six-month-period,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned his appeal or his application,
and all provisions, variances and permits granted to him shall be
deemed automatically rescinded by the Board.
C.
Should the appellant or applicant commence construction or alteration
within said six-month-period, but should he fail to complete such
construction or alteration within said twelve-month-period, the Board
may rescind or revoke the granted variance, or the issuance of the
permit, or permits, or other action authorized to the appellant or
applicant. If the Board finds that a good cause appears for the failure
to complete within such twelve-month-period, and if the Board further
finds that conditions have so altered or changed in the interval since
the granting of the variance, permit or action, that revocation or
rescission of the action is justified.
[Ord. 85-2, 3/5/1985, § 2207; as amended by Ord.
2014-O-07, 4/8/2014]
The Board of Township Supervisors may, from time to time, after
public notice and hearing as hereinafter prescribed, amend, supplement,
change or repeal this chapter, including the Zoning Map. Any amendment,
supplement, change or repeal may be initiated by the Township Planning
Department or Planning Commission, the Board of Supervisors or by
a petition to the Township Secretary and shall thereafter be refiled
as part of the permanent records of the Township.
A.
Amendments Initiated by the Township Planning Department or Planning
Commission. When an amendment, supplement, change or repeal is initiated
by the Township Planning Department or Planning Commission, the proposal
shall be presented to the Board of Township Supervisors, which shall
then proceed in the same manner as with a petition to the Board of
Township Supervisors which has already been reviewed by the Township
Planning Department or Planning Commission.
B.
Amendment Initiated by the Board of Township Supervisors. When an
amendment, supplement, change or repeal is initiated by the Board
of Township Supervisors, it shall submit the proposal to the Township
Planning Department or Planning Commission for review and recommendations.
C.
Amendments by Citizens' Petition. Whenever the owners of 75%
or more of the adjacent properties, including those with opposite
street frontage in any area where a change of zoning regulations is
sought shall present to the Board of Supervisors a petition duly signed
and acknowledged, requesting an amendment, supplement, change, modification
or repeal of regulations prescribed for, or the Zoning Map including
such area, it shall be the duty of the Board of Supervisors to hold
a public hearing thereon and cause written notice to be given to each
property owner having frontage on the subject area not less than 14
days in advance of said public meeting and notices to be given in
a manner prescribed in § 2407(7) of this chapter. For purposes
of this section, the area wherein a change in zoning is sought shall
be not less than five acres or 1,000 feet of lineal frontage, whichever
is less.
D.
Procedure for Petition. The petition for amendment, supplement, change
or repeal shall continue as fully as possible all the information
requested by the Zoning Officer and shall be signed by at least one
record owner of the property in questions whose signature shall be
notarized attesting to the truth and correctness of all the facts
and information presented in the petition. A fee established by the
Board of Township 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.
E.
Referral to Township Planning Department. After receipt of the petition
by the Board of Township Supervisors, said petition shall be presented
to the Township Planning Department for review and recommendations
at least 30 days prior to the public hearing. A report of said review,
together with any recommendations, shall be given to the Board of
Township Supervisors in writing within 30 days from the date of referral.
If the Township Planning Department shall fail to file such a report
within the time and manner specified, it shall be conclusively presumed
that the Township Planning Department has approved the proposed amendment,
supplement, change or repeal.
F.
Referral to Professional Consultants. In addition to review by the
Township Planning Department, the Township Board of Supervisors may
submit proposed amendments to professional consultants for review
and recommendations. A report of said review and recommendations must
be given to the Board of Supervisors within 45 days from date of referral.
If such a report is not filed within the time and manner specified,
it shall be concluded that the professional consultants are in agreement
with the proposed amendment, supplement or change.
G.
Public Hearing. The Board of Township Supervisors shall fix a time
and place for a public hearing at which parties of interest and citizens
shall have an opportunity to be heard. Notice of the time and place
of such hearing shall be published in one newspaper of general circulation
in the Township once each week for two successive weeks, not more
than 30 days and not less than 14 days prior to the date of said hearings.
H.
Action by the Board of Township Supervisors. At the time and place
specified, the Board of Township Supervisors shall conduct a hearing
on said petition to amend, supplement, change or repeal this chapter
or the Zoning Map of the Township and shall thereafter within a period
of 30 days either reject the proposed change or adopt and ordinance
implementing the proposed change. The Board of Township Supervisors
may adjourn said hearing at its discretion to a time and place certain.
I.
Authentication of Official Zoning Map. Whenever there has been a
change in the boundary of a zoning district or reclassification of
the zoning district adopted in accordance with the above, the change
on the official map shall be made, and shall be duly certified by
the person or Township Official aggrieved or affected who is seeking
relief. All actions of the Board shall be by resolution and a copy
shall be furnished to the parties in interest and the Zoning Officer
and said resolution shall be retained by the Zoning Officer as a public
record.
