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Township of Millcreek, PA
Erie County
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The duty and authority of administration and enforcement of the provisions of this chapter is hereby conferred upon the Zoning Administrator and his or her subordinates and/or designees, who may not hold an elective office in Millcreek Township.
A. 
When permit required. An application shall be submitted to the Zoning Administrator for the following activities, and it shall be unlawful and a violation of this chapter for any of the following activities to commence without a zoning permit first being issued in accordance with this article:
(1) 
Excavation for foundation;
(2) 
Construction or alteration of any building or structure;
(3) 
Construction of an addition to a building or structure;
(4) 
Demolition or moving of a building or structure;
(5) 
Making or effecting a change of occupancy or use of vacant land or any building or structure;
(6) 
Movement of a lot line which affects an existing structure, such movement being subject to regulations established in Chapter 125, Subdivision and Land Development;
(7) 
Construction or alteration of any drive or other access to a Township street or state highway;
(8) 
Occupancy of any street or highway with building materials or of temporary structures for construction purposes;
(9) 
Construction or installation of swimming pools or spas holding over 24 inches of water in depth;
(10) 
Construction or alteration of signs;
(11) 
Construction of fences having a height in excess of six feet.
B. 
Repairs. Application or notice to the Township is not required for ordinary repairs to buildings or structures, but such repairs shall not include: the cutting away of any wall, partition or portion thereof; removal or cutting of any structural beam or load-bearing support; removal or change of any required means of egress and/or rearrangement of parts of a structure affecting the egress requirements; or addition to, alteration of or replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring, mechanical or other work affecting the public health or general safety. NOTE: Certain repairs will require issuance of a UCC permit and inspection(s) under Chapter 29, Code Enforcement, Part 3, Uniform Construction Code, even where a zoning permit is not required.
C. 
Form of application. The application for a zoning permit shall be submitted in such written form as the Board of Supervisors shall adopt or prescribe, and must be accompanied by the fee therefor required under resolution(s) adopted by the Board of Supervisors. An applicant shall provide all documents and information required under this or any other ordinance.
D. 
By whom application made. Application for a zoning permit shall be made by the owner or lessee of the building or structure; or authorized agent of either, or by the building contractor or design professional employed or retained by such owner or lessee in connection with such work.
(1) 
If the application is made by a person other than the owner in fee of the property, it shall be accompanied by an affidavit of the owner to the effect that the proposed work is authorized by the owner in fee, that the person making such application is authorized to do so on behalf of the owner; and that the owner shall be bound by all representations made on the application and by all regulations governing issuance of any permit(s).
(2) 
The full names and addresses of the owner, applicant and the responsible officers, if the owner or the applicant is a corporation, shall be set forth in the application.
E. 
Application requirements. In addition to other requirements imposed under this article or other ordinance of the Township, all applications for a zoning permit shall include:
(1) 
Description of work. A general description of the proposed work, the location of the proposed work, the occupancy prior to and after the proposed work of all the building and/or structure and of all portions of the site or lot not covered by the building or structure and such additional information as is required by the Zoning Administrator.
(2) 
Proper zoning. The applicant shall establish that the land as zoned may lawfully be used as proposed, and that all regulations of this chapter are complied with. No permit shall be issued unless the use proposed is expressly permitted in the Zoning Ordinance and all applicable regulations are complied with, absent an adjudication of the Zoning Hearing Board authorizing such use and construction.
(3) 
Site plan. An application for a zoning permit for any building or structure other than a one-family or two-family dwelling shall be accompanied by a site plan showing to scale the actual dimensions of each lot to be built upon, the size and location of all new construction and all existing buildings or structures on the site, distances from lot lines, established street grades and proposed finished grades, drawn in accordance with an accurate boundary line survey, together with such additional information as the Zoning Administrator may require to determine that the proposed structure and/or use of land conforms to the regulations of this chapter.
(a) 
An application for a zoning permit proposing construction, alteration, reconstruction or other action as to a one-family or two-family residential dwelling shall set forth a plot plan showing the property lines, the location of all new or proposed construction and all existing buildings or structures on the site, distances from lot lines and such additional information as the Zoning Administrator may require to determine that the proposed structure and/or use of land conforms to the regulations of this chapter.
(b) 
In cases of proposed construction activity other than one- and two-family residential dwellings, data from approved land development plans or plan amendments may be incorporated in the permit application in lieu of a new site plan.
(c) 
In cases of proposed construction activity involving additions or renovations to buildings other than one- and two-family residential dwellings which do not require a land development plan or plan amendment, the Zoning Administrator shall be authorized to accept that plot plan generally required for one- and two-family residential dwellings unless a formal site plan is deemed necessary in the circumstances.
(d) 
Where public sewer is not available, the site plan shall indicate the location of a private sewage disposal system.
(e) 
In the case of demolition, the site plan shall show all construction to be demolished and the location and size of all existing buildings and structures that are to remain on the site or lot after demolition.
(f) 
The site plan as set forth in the zoning permit as issued shall be the same as that submitted and approved for a construction or other UCC permit under Chapter 29, Code Enforcement, Part 3, Uniform Construction Code. No deviations from the site plan included in the approved zoning permit shall be allowed absent prior written approval by the Zoning Administrator.
(4) 
Grading plan. A grading plan meeting all Township specifications shall be submitted with an application for zoning permit where required, and shall be complied with in the course of construction pursuant to the zoning permit and the UCC permit.
(5) 
Stormwater management plan. If required, a stormwater management plan for the premises shall be submitted, reviewed, certified and implemented at the applicant's cost in accordance with Chapter 116, Stormwater Management, and Chapter 125, Subdivision and Land Development, prior to issuance of any zoning permit.
(6) 
Access to state highways and Township streets. No permit authorizing access to a state highway shall be issued until the applicant submits to the Zoning Administrator a highway occupancy permit issued by the Department of Transportation authorizing the access as proposed. No permit proposing access to a Township street by a use greater than minimum traffic volume shall be issued until such proposed access has been authorized by the Board of Supervisors in its approval of a subdivision plan or land development plan or otherwise. The Zoning Administrator may grant permits for minimum traffic volume access to a Township street where all conditions for such access have been met.
(7) 
Approvals required. No zoning permit or use certificate shall be issued unless the applicant submits with the application therefor written confirmation or photocopies of all approvals of Township and other governmental agencies required prior to such construction and/or use, these including but not limited to:
(a) 
If a building or structure is to be served by public sewer, a copy of the issued permit to connect to the sewer system;
(b) 
If a building or structure is to be served by on-lot septic, a copy of the Erie County Department of Health's septic approval for the proposed building, structure and/or use;
(c) 
If a building or structure is to be served by public water and water mains do not abut the premises, written confirmation by the water authority that it is prepared to extend such mains and that applicant has furnished all required applications and fees therefor;
(d) 
If required, recordation of an approved subdivision or land development plan;
(e) 
If required, a decision of the Zoning Hearing Board authorizing issuance of such permit.
(8) 
Service connections (demolition). Before a building or structure is demolished or removed, the owner or owner's agent shall notify all utilities having service connections within the structure. A zoning permit authorizing the demolition or removal of a building or structure shall require that prior to issuance of a UCC permit, the owner shall submit to the UCC building code official a certification that all service utilities and adjacent property owners have been notified of the proposed demolition and that service connections have been removed. Such certification shall be sworn or affirmed to before a notary public or verified subject to the penalties governing unsworn falsification to authorities.
F. 
Conditions on permits.
(1) 
A zoning permit issued shall authorize only the use or construction specified on the permit and application, and no other.
(2) 
A zoning permit shall not be issued until the fees prescribed for it have been paid.
(3) 
The Township shall refuse to issue any permit to any permittee or owner who has refused to pay costs assessed in connection with this chapter.
(4) 
No zoning permit or use certificate shall be issued until all information required for its issuance has been submitted in proper form to the Zoning Administrator.
(5) 
All work shall conform to the approved application for which the zoning permit has been issued and any approved amendments to the approved application or permit.
(6) 
All new work shall be located strictly in accord with the approved site or plot plan.
(7) 
If the land subject to the proposed building, structure, renovation and/or addition is located within a subdivision or land development previously approved by the Board of Supervisors, the owner(s) shall be responsible for ensuring that all grading, stormwater management, easements, conditions and other terms imposed on the approved plan are preserved and/or complied with during and after construction. A grading plan shall be required whenever revision to the approved grading plan is proposed.
(8) 
If the applicant proposes to construct sidewalks and/or a driveway or other street access, the owner shall be responsible for ensuring that such sidewalks, driveway(s) and other street access are constructed in full conformity with Township specifications therefor as set forth in Chapter 29, Part 2, Public and Private Improvements.
(9) 
A permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter, Chapter 29, Code Enforcement, Part 3, Uniform Construction Code, or any other ordinance or regulation governing the work, except as specifically stipulated by legally granted variance as described in the application.
(10) 
No permit shall be issued to any applicant or owner who is then in violation of the terms of a foundation permit, zoning permit, sign permit, UCC permit, development plan approval or agreement, use certificate, UCC occupancy certificate or other governmental approval and/or Township ordinance or regulation.
G. 
Amendments to applications.
(1) 
Subject to the limitations of § 145-109, amendments to a plan, application or other records accompanying the same shall be filed at any time before completion of the work for which the zoning permit is sought or issued.
(2) 
Such amendment(s), if approved and accompanied by any required fee, shall be deemed part of the original application and shall be filed therewith.
A. 
No vacant land shall be occupied or used and no structure erected, reconstructed, structurally altered or changed in use until a use certificate has been issued by the Zoning Administrator after proper application therefor and payment of fees prescribed for such certificate.
B. 
Where required under this chapter, a use certificate shall serve as confirmation that a property is zoned for the use proposed in the application and that requirements established in this chapter and/or Chapter 125, Subdivision and Land Development, for application for, issuance of and compliance with permits as issued have been met. A use certificate shall not be deemed or interpreted to constitute a certification by Millcreek Township that construction, reconstruction, alteration, demolition or other like activity has been conducted in accordance with standards prescribed in this chapter, nor shall it be presumed to involve an inspection of such construction activity.
C. 
A use certificate shall also be required in order to maintain, renew, change, expand or extend a nonconforming use existing at the time of the enactment of the Zoning Ordinance and Zoning Map, and shall state that the use does not conform with the provisions of the Zoning Ordinance and/or Zoning Map.
D. 
A use certificate, either for the whole or any part of a new building or structure or for alteration of an existing building or structure shall be applied for contemporaneously with application for a building permit, at which time all fees prescribed therefor shall be paid.
E. 
A use certificate for use or occupancy of vacant land or for the change in use of land or for the change in use of an existing building or structure shall be applied for and issued before any change in the use of land or of any building or structure may be made.
F. 
A use certificate for use or occupancy of vacant land or for change in the use of land or of an existing building or structure not requiring a zoning permit, where authorized and appropriate, shall be issued by the Zoning Administrator or his or her subordinate within 10 days after submission of a complete application and payment of all required fees.
G. 
The Zoning Administrator shall not issue a use certificate unless a proper application therefor has been filed and fees therefor paid at the time required under this section.
H. 
A record of all use certificate applications and issued certificates shall be kept on file in the office of the Zoning Administrator, and a copy shall be furnished upon request to any person having an ownership or tenancy interest in the land or building affected by such application or certificate.
I. 
The Zoning Administrator shall refuse to issue a use certificate until and unless all requirements for its issuance have been met. If an application for a use certificate is not made and/or fees therefor paid in the time and manner prescribed in this section, no use certificate shall be warranted or issued.
A. 
General standards and intent. This chapter shall not be interpreted to authorize issuance of permits to excavate or construct a foundation for a building or structure prior to issuance of a building permit.
B. 
No foundation permit shall be issued or authorized except where approved by the Board of Supervisors, and the Board of Supervisors shall authorize issuance of a foundation permit only where the following findings are made:
(1) 
Applicant has exercised due diligence in planning the construction and, due to events beyond applicant's control, which do not include the timing of acquisition of land, required zoning, permits and/or plan approvals or preparation of required plans, is unable to meet requirements for issuance of a construction permit;
(2) 
Applicant has applied for and been issued a zoning permit;
(3) 
Issuance of a foundation permit is necessary to allow the applicant to construct a building foundation prior to the onset of winter weather;
(4) 
Applicant has demonstrated that all requirements for issuance of a UCC building permit will be met within 30 days after any foundation permit is authorized;
(5) 
If required, applicant has submitted a stormwater management plan which has been certified by the retained engineer as meeting applicable requirements, and such plan has been implemented or will be implemented within 30 days after issuance of any foundation permit;
(6) 
Applicant in writing has certified that applicant will comply with all conditions imposed upon a foundation permit; will not engage in any activity beyond the construction of a foundation to grade; will meet all conditions for issuance of a UCC building permit within 30 days after issuance of a foundation permit and will cease construction activity after construction of the foundation subject to such permit; and
(7) 
All conditions established for issuance of such permit have been met.
C. 
A foundation permit, if authorized, shall be subject to the following conditions:
(1) 
Such permit shall be valid for not longer than 30 days;
(2) 
The applicant shall have tendered to Millcreek Township an irrevocable letter of credit in a sum not less than $25,000, as security for applicant's full compliance with the terms of the foundation permit, such security to be available for payment of damages and all fines and costs imposed in the event applicant should violate terms of the foundation permit;
(3) 
Within 30 days after issuance of a foundation permit, applicant shall have submitted all plans, permits, approvals and other items required under Chapter 29, Code Enforcement, Part 3, Uniform Construction Code, and other applicable ordinances for issuance of a UCC building permit;
(4) 
All work in constructing the authorized foundation shall be subject to regulations of the Pennsylvania Construction Code and to inspections by the retained building code official;
(5) 
Should applicant fail to submit all items required for issuance of a UCC building permit within 30 days after issuance of the foundation permit and/or continue construction activity after the expiration of the issued foundation permit, applicant shall have violated this chapter and the terms of the foundation permit, and shall be subject to fines for each and every day a violation continues, a violation deemed to continue through the day prior to issuance of a UCC building permit;
(6) 
In the event of violation by the applicant, the Township shall be authorized to recover from the tendered financial security all fines prescribed by this chapter for such violation(s), together with all costs and attorneys' or engineering fees incurred by the Township as a consequence of the violation and/or the Township's enforcement; and
(7) 
In the event of violation by applicant, no UCC building permit shall be issued until and unless all fines, fees and costs due as a result of violation of the terms and conditions of the foundation permit have first been paid.
A. 
Action on application.
(1) 
The Zoning Administrator shall examine or cause to be examined all applications for permits and certificates and amendments thereto within a reasonable time after filing of all required documents.
(2) 
If the application does not conform to the requirements of all pertinent laws, the Zoning Administrator shall reject such application in writing, stating the reasons therefor.
(3) 
If the Zoning Administrator is satisfied that the proposed work conforms to the requirements of this and other applicable ordinances, he or she shall issue a permit or certificate therefor as soon as practicable.
B. 
Suspension or revocation of permit. A permit issued under this chapter may be suspended or revoked by the Zoning Administrator if it is determined that the terms of the permit as issued have been violated, that conditions imposed on the permit as issued have not been satisfied by the applicant in timely fashion or that applicant has failed to commence or complete work authorized within the time period authorized by the permit. If Township officials responsible for enforcement of ordinances other than the Zoning Ordinance which pertain to the authorized activity notify the Zoning Administrator that such regulations have been violated or that required conditions have not been complied with, the Zoning Administrator shall act to suspend or revoke the issued permit.
(1) 
Where a zoning permit has been issued in connection with an activity that is subject to regulation under Chapter 29, Part 3, Uniform Construction Code, the Zoning Officer shall notify the UCC building code official promptly upon suspension or revocation of a zoning permit.
(2) 
Enforcement of regulations under Township ordinances other than this Zoning Ordinance shall be within the authority of those officials to whom such responsibility has been delegated by the Board of Supervisors.
C. 
Signature to permit. The signature of the Zoning Administrator or his or her designee shall be attached to every permit or certificate issued.
D. 
Form of permit. Applications for permits or certificates shall be submitted on such written form(s) as the Board of Supervisors shall adopt from time to time.
A. 
An application for a zoning permit for any proposed work and/or a sign permit 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; provided, that the Zoning Administrator shall have authority to grant one or more extensions of time for additional periods not exceeding 90 days each where good cause is shown.
B. 
A zoning permit shall become invalid if the applicant has not obtained a UCC building permit, where required, within six months after issuance of the zoning permit, or if the authorized work has not commenced within six months after the date on which the zoning permit or UCC building permit for the activity was issued, whichever is later.
C. 
Authorization granted by the Zoning Hearing Board or a court of appropriate jurisdiction under a variance allowing issuance of a permit shall be valid for a period of six months from the date of the Zoning Hearing Board's or court's decision, whichever is later, and shall expire and become null and void if an application for the authorized permit is not submitted as required by this article within six months after the date of said decision.
The Zoning Administrator and such assistants and subordinates as are designated by the Board of Supervisors shall have such duties and powers as are necessary to administer and enforce this chapter, including but not limited to the following, which shall apply to the Zoning Administrator and all other authorized employees:
A. 
Such officials shall receive and act upon applications for permits to authorize the erection, reconstruction, alteration or repair of and additions to buildings and structures, use certificates, sign permits, construction of foundations and other matters under this chapter, and enforce compliance with this chapter.
B. 
Such officials shall receive and refer to the Zoning Hearing Board all applications for variance, use on special exception and other matters within the jurisdiction of said board.
C. 
Such officials shall receive and refer to the Planning Commission and Board of Supervisors all petitions requesting rezoning of properties.
D. 
Such officials shall refer to the Board of Supervisors such other applications or petitions as are directed to the Board of Supervisors for action.
E. 
Such officials shall receive and refer to the Solicitor applications for subdivision waiver approval and assist in review of such applications.
F. 
Such officials may, with the prior approval of the Board of Supervisors, engage such expert opinions as the Board of Supervisors deems necessary to report upon unusual technical issues which arise.
G. 
Such officials shall be responsible for enforcement of this chapter.
H. 
Such officials shall approve and issue a permit or certificate only when all requirements for its issuance have been met.
I. 
Where all requirements for a permit or certificate have not been met, such officials shall in writing deny such application, the writing to state the reason(s) for such denial.
J. 
Where a permit or certificate has been issued in reliance upon information submitted by the applicant which is later found to be materially untrue, or has been issued improvidently, such officials shall have authority to revoke such issued permit or certificate. Such revocation shall be in writing and state the reason(s) for revocation, and shall be sent to the person to whom the permit or certificate was issued via U.S. certified mail.
K. 
Such officials shall make such investigations as they deem necessary or appropriate in performance of their duties, and shall carry proper identification should they inspect buildings or premises in the performance of their duties.
L. 
Such officials shall issue all notices or orders necessary to act upon applications and ensure compliance with this chapter.
M. 
Such officials shall issue all stop-work orders which may be necessary in event of violations of this chapter or of any issued permit or certificate.
N. 
Such officials are authorized to register nonconforming lots, structures and uses.
O. 
Such officials shall communicate with the building code official retained by the Township to administer and enforce the Uniform Construction Code, and shall receive and maintain on file reports, permits, certificates and other documents received from said building code official. Communications shall include all necessary or appropriate to proper administration of the ordinances, including but not limited to notices of violation of the respective regulations and assistance in enforcement proceedings.
P. 
Such officials shall issue all notices and prosecute all actions necessary to enforce this chapter and permits or certificates as issued.
All buildings and structures started within six months prior to the enactment date of the ordinance amending this chapter and not in conformity therewith shall be discontinued, provided:
A. 
No substantial construction has been made and construction is not prosecuted without delay and completed within a period of one year from said date; or
B. 
No contract or contracts have been let.
A. 
Fees, deposits and other charges shall be imposed and shall be paid at the time any application for permit, renewal, certificate or other approval, appeal or other item is submitted, in accordance with the schedule of fees established from time to time by resolution of the Board of Supervisors. The Board shall have authority, by resolution, to modify the amount and/or nature of such items.
B. 
Petitions requesting rezoning of property shall be accompanied by a filing fee as prescribed by the Board of Supervisors to defray costs and fees for professional services.
C. 
Each appeal or application to the Zoning Hearing Board or Board of Supervisors, exclusive of appeals from action of the Zoning Officer, shall be accompanied by a filing fee as prescribed by the Board of Supervisors to defray costs and fees for professional services.
D. 
Each appeal to the Zoning Hearing Board challenging propriety of action by the Zoning Administrator shall be accompanied by a filing fee as prescribed from time to time by the Board of Supervisors to defray costs of advertising, processing and professional services.
E. 
No petition, application, appeal or other submission shall be deemed complete until and unless accompanied by payment of all fees, deposits and other charges required for it.
A. 
The Zoning Administrator shall retain in permanent files all applications for zoning permits, use certificates, petitions for rezoning, applications for variance or use on special exception, appeals and other documents submitted to the Township or to the Zoning Hearing Board pursuant to this chapter and all decisions thereon.
B. 
The Zoning Administrator shall retain in permanent files all construction permits, final inspection reports and occupancy certificates issued under Chapter 29, Code Enforcement, Part 3, Uniform Construction Code, and received from the building code official under that ordinance.
C. 
The Zoning Administrator shall submit to the Board of Supervisors monthly and annual written reports of UCC construction permits and of zoning permits for activities which are regulated by this chapter, and shall submit to other appropriate governmental entities reports of such activities as directed by the Board of Supervisors or its designee.
D. 
The Board of Supervisors is authorized to establish by resolution procedures and forms for the proper implementation of this chapter.
A. 
Appointment and powers. The Board of Supervisors shall appoint a Zoning Hearing Board (within this section, "Board") in accordance with the requirements of the MPC.[1] The Board shall have the jurisdiction to hear and render final adjudications in the following matters:
(1) 
Appeals from the determination of the Zoning Administrator, including, but not limited to, the granting or denial of any permit, or where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the administration and enforcement of this chapter.
(2) 
Appeals from a determination by the Zoning Administrator or the Township Engineer with reference to administration of any floodplain or flood hazard provisions within this chapter.
(3) 
Applications for uses on special exception authorized in Article VIII of this chapter.
(4) 
Appeals for variance from the regulations of this chapter, subject to the requirements of this section and Section 910.2 of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10910.2.
(5) 
Substantive challenges to the validity of any provision of this chapter, except those to be brought before the Board of Supervisors pursuant to Sections 609.1 and 916.1(a)(2) of the MPC.[3],[4]
[3]
Editor's Note: See 53 P.S. §§ 10609.1 and 10910.2(a)(2).
[4]
Editor's Note: Original Subsection Original Section 10.11.1(6), Challenges to the validity of a land use ordinance brought pursuant to Section 909.1(2) of the MPC, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Membership of the Board. The membership of the Board shall consist of three residents of the Township to be appointed by resolution of the Board of Supervisors. The Board of Supervisors by resolution may appoint at least one but not more than three residents of the Township to serve as alternate members of the Board. Other matters pertaining to the Board's membership, removal of members, vacancies, organization and expenditures shall be governed by Sections 903 and 905 through 907 of the MPC.[5]
[5]
Editor's Note: See 53 P.S. §§ 10903 and 10905 through 10907, respectively.
C. 
Appeals and applications.
(1) 
Forms. Appeals and applications to the Board shall be submitted to the Zoning Administrator on such forms as are adopted for use by the Board of Supervisors, which may require such additional information as said Board deems appropriate.
(2) 
Fees. See § 145-112C and D above.
(3) 
Deadlines for submission of appeals and applications.
(a) 
All appeals from determinations of the Zoning Administrator or the Township Engineer under § 145-114A(1) and/or (2) of this chapter shall be filed with the Zoning Administrator not later than 30 days after the date of the determination or of enactment to which said appeal pertains.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
The Board of Supervisors shall have authority to establish deadlines for submission of appeals and applications for inclusion on a monthly agenda of the Board, such deadlines to ensure that public notice and other notice requirements of the MPC and/or this chapter are complied with.
(4) 
Transmission of documents to Board. The Zoning Administrator shall transmit to the Board all documents submitted with an appeal or application and, where appeals from determinations or enacted ordinances are filed, all documents constituting the record upon which the action appealed from was taken.
(5) 
Notices.
(a) 
The Board shall fix a reasonable time for the hearing of an appeal and for any continued hearing.
(b) 
The Zoning Administrator shall ensure that public notice of hearings of the Board as required by the MPC is given.
(6) 
Conflicts between maps. Should the street layout actually on the ground or as recorded differ from the street layout as shown on the Zoning Map, the Board shall interpret the Zoning Map in such a way as to carry out the purposes and intent of this chapter and the Zoning Map for the particular lot, section or district in question.
D. 
Conduct of hearings. The Board shall conduct its hearings and issue decisions and adjudications in accordance with the requirements of MPC Section 908.[7]
[7]
Editor's Note: See 53 P.S. § 10908.
E. 
Board's functions; special exceptions. The Board shall hear and consider application for uses on special exception in accordance with MPC Section 912.1,[8] these supplemented by the provisions of Article VIII of this chapter, these including but not limited to general and specific criteria.
[8]
Editor's Note: See 53 P.S. § 10912.1.
F. 
Board's functions; variances.
(1) 
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided that all of these findings are made where relevant:
(a) 
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the subject property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(b) 
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable a reasonable use of the property.
(c) 
That such unnecessary hardship has not been created by the appellant.
(d) 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(e) 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(2) 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and of the MPC.
A. 
Formation and membership. The Planning Commission shall be deemed to have been constituted by § 125-16 of Chapter 125, Subdivision and Land Development, as may in the future be amended.
B. 
Powers and duties. In addition to those powers and duties established in § 125-16 of Chapter 125, Subdivision and Land Development, the Planning Commission shall:
(1) 
Hear and refer to the Board of Supervisors its recommendation on petitions requesting a change in zoning of a premises.
(2) 
Submit to the Board of Supervisors annually, not later than March 1, a report of its activities during the preceding calendar year, and such additional interim reports as the Board of Supervisors shall request.
A. 
General. The regulations and provisions of this chapter may be amended from time to time, upon recommendation of the Planning Commission or the Zoning Hearing Board, upon the initiation of the Board of Supervisors or upon petition to the Board of Supervisors. A landowner's proposed curative amendment shall conform to the requirements for a proposed amendment initiated by petition.
B. 
Procedure and notice. Amendments of this chapter shall be effected in accordance with the standards and notice requirements therefor established in the MPC. Approval of the Board of Supervisors shall be required for adoption of any amendment.
C. 
Action on petition. The Board of Supervisors shall take final action upon such petition for amendment, supplement or change of this chapter within 120 days after the filing of the petition with the Secretary of the Township. If the Board of Supervisors shall fail to take action upon such petition within said time, the petition shall be deemed to have been denied.
D. 
Limitation on resubmission of petition after denial. If a petition is denied, a new petition involving the same intended use may not submitted for a period of one year from the date of such denial.
A. 
Penalties for violation. Any person who or which has violated or permitted the violation of any provision(s) of this chapter other than § 145-73C (registration by providers of temporary storage facilities) shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township in accordance with Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, as amended, pay a judgment of $500 for each such violation, plus all court costs and including all attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of determination of a violation by the District Magisterial Judge. Each day that a violation continues shall constitute a separate violation, unless the District Magisterial Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the 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 Magisterial Judge. Thereafter, each day that a violation continues shall constitute a separate violation.[1]
(1) 
A person or entity found to have violated regulations of this chapter requiring registration of providers of temporary storage facilities shall pay a fine of $250 for each such violation, plus costs and attorney's fees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Payment of judgments, costs and fees. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to Millcreek Township.
C. 
Collection of judgment. If the defendant neither pays nor timely appeals the judgment entered by the District Magisterial Judge, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
A. 
Enforcement notice. If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice. Such enforcement notice shall comply with requirements therefor as set forth in MPC Section 616.1[1] and in Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, as amended.
[1]
Editor's Note: See 53 P.S. § 10616.1.
B. 
Service of notice. An 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/or to any other person requested in writing by the owner of record.
A. 
Action to prevent, restrain, correct or abate. 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 this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, 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.
B. 
Remedies nonexclusive. In the event of a violation of any provision of this chapter, the Township shall have authority to exercise or pursue any or all of the remedies available to it under this article, the MPC and other applicable laws and ordinances. Election by the Township of one or more remedies shall not be deemed to exclude exercise of other available remedies.