Township of Manor, PA Administration

Zoning Officer. The provisions of this chapter shall be enforced by an agent, to be appointed by the Board of Supervisors, who shall be known as the "Zoning Officer." The Zoning Officer shall be appointed at the first meeting of the Board of Supervisors in January to serve until the first day of January next following, and shall thereafter be appointed annually to serve for a term of one year and/or until his successor is appointed. The Zoning Officer may succeed himself. He/she shall receive such fees or compensation as the Board of Supervisors may, by resolution, provide. The Zoning Officer shall not hold any elective office within the Township. The Zoning Officer may designate an employee of the Township as his Deputy, subject to the approval of the Board of Supervisors, who shall exercise all the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer.

Duties. The duties of the Zoning Officer shall be:

To receive, examine and process all applications as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for special exception and conditional uses, or for variances after the same have been approved.

To record and file all applications for zoning permits or certificates of use and occupancy, and accompanying plans and documents, and keep them for public record.

To inspect properties to determine compliance with all provisions of this chapter, as well as conditions attached to the approval of variances, special exceptions, conditional uses and curative amendments.

Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions.

(e)

To be responsible for keeping this chapter and the Official Zoning Map up-to-date, including any amendments thereto.

(f)

Upon the granting by the Zoning Hearing Board of a variance pertaining to the Floodplain Zone, the Zoning Officer shall notify the applicant in writing within 15 days that:

The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property, pursuant to § 425-21G of this chapter.

(g)

Upon the approval by the Zoning Hearing Board of a special exception, or upon the approval of a conditional use by the Board of Supervisors for development located within the Floodplain Zone, written notice of the approval shall be sent by registered mail from the Zoning Officer to the Pennsylvania Department of Community and Economic Development.

(h)

To render a preliminary opinion regarding a proposed land use in accordance with Section 916.2 of the Act.[1]

Editor's Note: See 53 P.S. § 10916.2.

Enforcement. This chapter shall be enforced by the Zoning Officer of the Township. No zoning permit or certificate of use and occupancy shall be granted by him/her for any purpose except in compliance with the literal provisions of this chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment.

Violations.

Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions that are contrary to the terms of this chapter and any conditions placed upon the approval of special exceptions, variances, and conditional uses. Each day that a violation is continued shall constitute a separate offense.

If it appears to the Township that a violation of this Zoning Ordinance enacted under the Act or prior enabling laws has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in the following:

The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.

An enforcement notice shall state at least the following:

The name of the owner of record and any other person against whom the Township intends to take action.

The location of the property in violation.

The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter.

[4]

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

[5]

That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in the chapter.

[6]

That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Zoning Ordinance enacted under the Act or prior enables laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District 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 Magisterial District Judge, 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 the Zoning Ordinance shall be paid over to the Township.

Causes of action. 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 enacted under the Act or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.

§ 425-129 Permits.

General requirements for zoning permits:

Requirement.

A zoning permit shall be required prior to:

The change in use of land or structure;

The erection, construction, improvement, or alteration of any structure or part thereof;

The alteration or development of any improved or unimproved real estate, including but not limited to mining, dredging, filling, grading, paving, excavation and/or drilling operations, and excluding tilling associated with agricultural or horticultural uses;

[4]

The erection or alteration of any signs listed in § 425-44 of this chapter; and/or

[5]

The construction or installation of manure storage facilities, lakes, ponds, dams, or other water retention basins.

No zoning permit shall be required for repairs or maintenance of any structure or land, provided such repairs do not change the use or the exterior dimensions of the structure, or otherwise violate the provisions of this chapter.

Application for zoning permits shall be made in writing to the Zoning Officer.

Such zoning permits shall be granted or refused within 90 days from date of application.

No zoning permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the Courts.

In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all the requirements of this chapter, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied.

Application for a permit shall be made by the owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization of the owner or the qualified person making an application, that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

The Zoning Officer may call upon other Township staff and/or Township-appointed consultants in the review of submitted materials for applications.

The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in the Zoning Ordinance.

(9)

No permit shall be issued until the fees prescribed by the Board of Township Supervisors pursuant to the resolution establishing application fees 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 by any other ordinances or law.

(10)

Issuance of permits. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he shall reject such application in writing, stating the reasons therefor. He shall inform the applicant of his right to appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of the Zoning Ordinance 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 therefore as soon as practical but not later than 90 days from receipt of the application.

(11)

Reconsideration of application. An applicant whose request for a permit has been denied by the Zoning Officer may make a later application for a permit, provided all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall not be required to make a new inspection of the application if this condition is not met.

(12)

Expiration of permit. The permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months for a period not to exceed an additional one year.

(13)

Compliance with chapter. 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 the Zoning Ordinance, except as stipulated by the Zoning Hearing Board.

(14)

Compliance with permit and plot plan. All work or uses shall conform to the approved application and plans for which the permit has been issued as well as the approved plot plan.

(15)

Display of zoning permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance, or prior to the commencement of actual work on the site, whichever occurs first. Such permit display shall be continuous until the site receives its certificate of use and occupancy.

(16)

Temporary use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located that, at the time of petition of special exception, they will:

In no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone; or

Contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved, then, the Zoning Hearing Board may, subject to all regulations for the issuance of special exception elsewhere specified, direct the Zoning Officer to issue a permit for a period not to exceed six months. Such permits may be extended not more than once for an additional period of six months.

Application for all zoning permits:

Applications shall contain a general description of the proposed work, development, use or occupancy of all parts of the structure or land and shall be accompanied by plans in duplicate drawn to scale and showing the following:

Actual dimensions and shape of lot to be developed.

Exact location and dimensions of any structures to be erected, constructed and altered.

Existing and proposed uses, including the number of occupied units, businesses, etc., all structures are designed to accommodate.

Off-street parking and loading spaces.

(e)

Utility systems affected and proposed.

(f)

Alteration or development of any improved or unimproved real estate.

(g)

The size of structures and the number of employees anticipated.

(h)

Any other lawful information that may be required by the Zoning Officer to determine compliance with this chapter.

If the proposed development, excavation or construction is located upon a property that contains land within the (FP) Zone, the following information is specifically required to accompany all applications:

The accurate location of the floodplain and floodway.

The elevation, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), of the lowest floor, including basements.

The elevation, in relation to the NGVD, to which all structures and utilities will be floodproofed or elevated.

Application for zoning permits for uses in any of the commercial zones and (I) Industrial Zone:

A location plan showing the tract to be developed, zone boundaries, adjoining tracts, significant natural features, and streets for a distance of 200 feet from all tract boundaries.

A plot plan of the lot showing the location of all existing and proposed buildings, driveways, parking lots showing access drives, circulation patterns, curb-cut accesses, parking stalls access from streets, screening fences and walls, waste disposal fields or other methods of sewage disposal, other construction features on the lot, and the location of all topographical features.

A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.

Engineering plans for treatment and disposal of sewage and industrial waste, tailings or unusable by-products.

Engineering plans for the handling of traffic, noise, glare, air pollution, water pollution, vibration, fire hazards, or safety hazards, smoke, or emission of any potentially harmful or obnoxious matter or radiation.

Designation of the manner by which sanitary sewage and stormwater shall be disposed and water supply obtained.

The proposed number of shifts to be worked and the maximum number of employees on each shift.

Where use by more than one firm is anticipated, a list of firms which are likely to be located in the center, their floor area, and estimated number of employees.

(9)

An approved land development plan.

(10)

Approval from the Pennsylvania Department of Labor and Industry, or a letter therefrom, indicating that no such approval is necessary.

Certificate of use and occupancy:

It shall be unlawful to use and/or occupy any structure, building, sign, and/or land or 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 zoning permit is filed with the Zoning Officer as required herein.

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 zoning permit.

The application shall contain the intended use and/or occupancy of any structure, building, sign, and/or land or portion thereof for which a zoning permit is required herein.

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.

The certificate of use and occupancy or a true copy thereof shall be kept available for official inspection at all times.

Upon request of a holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a structure, building, sign, and/or land, or portion thereof, before the entire work covered by the permit shall have been completed, provided such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning Officer shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, use of land for religious or other public or semipublic purposes and similar temporary use and/or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer; however, in no case for a period exceeding six months.

A certificate of use and occupancy shall not be issued for structures and buildings located in subdivisions requiring improvement guarantees until the structure or building abuts either a roadway which has been accepted by the Township for dedication or abuts upon a street which has been paved with a base wearing course.

In any of the Commercial Zones and (I) Industrial Zone in which operation standards are imposed, no certificate of use and occupancy shall become permanent until 30 days after the facilities are fully operational when, upon a reinspection by the Zoning Officer, it is determined that the facilities are in compliance with all operation standards.

Zoning permits and building permits. Zoning permits shall hereafter be secured from the Zoning Officer's office prior to the issuance of a building permit for the construction, erection or alteration of a structure or sign or part of a structure or upon a change in use of a structure or land. The regulations of the Uniform Construction Code shall govern the requirements for and processing of building permits in the Township.

§ 425-130 Fees.

The Board of Supervisors may, by resolution, establish fees for the administration of this chapter. All fees shall be determined by a schedule that is made available to the general public. The Board of Supervisors may reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board of Supervisors.

§ 425-131 Amendments.

Power of amendment. The Board of Supervisors may from time to time amend, supplement, change or repeal this chapter, including the Official Zoning Map. Any amendment, supplement, change or repeal may be initiated by the Township Planning Commission, the Board of Supervisors or by a petition to the Board of Supervisors by an interested party.

Hearing and enactment procedures for zoning amendments:

Public hearing. Before hearing and enacting Zoning Ordinance and/or Zoning Map amendments, the Board of Supervisors shall conduct a public hearing to inform the general public of the nature of the amendment, and to obtain public comment. Such public hearing shall be conducted after public notice (as defined herein and listed below) and pursuant to mailed notice and electronic notice, if applicable, per 53 P.S. § 10109 has been given.

Public notice. Before conducting a public hearing, the Board of Supervisors shall provide public notice as follows:

Notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days, and the second publication shall not be less than seven days from the date of the hearing. Publication of the proposed amendment shall include either the full text thereof or the title and brief summary, prepared by the municipal solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:

A copy of the full text shall be supplied to a newspaper of general circulation in the municipality at the time the public notice is published.

An attested copy of the proposed ordinance shall be filed in the county law library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.

For Zoning Map amendments, public notice 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.

[Amended 3-4-2019 by Ord. No. 4-2019]

For curative amendments, public notice shall also indicate that the validity of the chapter and/or map is in question, and shall give the place where and the times when a copy of the request including any plans, explanatory material or proposed amendments may be examined by the public.

If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, and pursuant to mailed notice and electronic notice if applicable, before proceeding to vote on the amendment.

Enactment notice. In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of the chapter or amendment will be considered, and a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge, or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding Subsection B(2).

Township Planning Commission referrals. For amendments proposed by parties other than the Township Planning Commission, the Board of Supervisors shall submit each amendment at least 30 days prior to public hearing to the Township Planning Commission to review and comment. The Township Planning Commission shall submit a report of its review, together with any recommendations, to the Board of Supervisors within 45 days from the date of said referral. The recommendation of the Township Planning Commission may include a specific statement as to whether or not the proposed amendment is in accordance with the intent of this chapter and any officially adopted Comprehensive Plan of the Township. The Board of Supervisors cannot act upon the amendment until it has received a recommendation from the Township Planning Commission; however, should the Township Planning Commission fail to submit its recommendation within 45 days, the Board of Supervisors may proceed without its recommendation.

Lancaster County Planning Commission referrals. All proposed amendments shall be submitted to the Lancaster County Planning Commission at least 30 days prior to public hearing on such amendments. The Lancaster County Planning Commission may submit recommendations to the Board of Supervisors within 45 days of such referral. The Board of Supervisors cannot act upon the amendment until it has received a recommendation from the Lancaster County Planning Commission; however, should the Lancaster County Planning Commission fail to submit its recommendation within 45 days, the Board of Supervisors may proceed without its recommendation.

Continuance of public hearing. If during the public hearing process, the Board of Supervisors needs additional time to understand the proposal, inform the public, receive public comment, and/or render a decision, it may adjourn the public hearing to a certain time and place.

Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the Lancaster County Planning Commission.

Amendments initiated by the Township Planning Commission. When an amendment, supplement, change or repeal is initiated by the Township Planning Commission, the proposal shall be presented to the Board of Supervisors, which shall then proceed in the same manner as with a petition to the Board of Supervisors which has already been reviewed by the Township Planning Commission.

Amendment initiated by the Board of Supervisors. When an amendment, supplement, change or repeal is initiated by the Board of Supervisors, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under Subsection B of this chapter.

Amendment initiated by a petition from an interested party. A petition for amendment, supplement, change or repeal for a portion of this chapter shall include an accurate legal description and surveyed plan of any land to be rezoned, and all of the reasons supporting the petition to be considered. The petition shall also be signed by at least one record owner of the property in question, whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. All properties that are subject to petition for rezoning under this section shall require signature by at least one property owner for each and every parcel to be rezoned. A fee to be established by the Board of Supervisors shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein. The Board of Supervisors may require duplicate sets of petition materials.

Curative amendment by a landowner. A landowner who desires to challenge on substantive grounds the validity of the chapter or the Official Zoning Map or any provision thereof 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 (including all of the reasons supporting the request to be considered) with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 916.1 of the Act, as amended.[1] The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Township and Lancaster County Planning Commissions as provided for in Subsection B of this chapter and public notice of the hearing shall be provided as defined herein.

In reviewing the curative amendment, the Board of Supervisors may deny the request, accept the request as submitted, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.

If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the chapter or map.

The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features.

The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.

(e)

The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

The Board of Supervisors shall render its decision within 45 days after the conclusion of the last hearing.

If the Board of Supervisors fails to act on the landowner's request within the time limits referred to in Subsection F(1) of this chapter, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.

Public notice of the hearing shall include notice that the validity of the chapter or map is in question and shall give the place where and the times when a copy of the request including any plans, explanatory material or proposed amendments may be examined by the public.

The challenge shall be deemed denied when:

The Board of Supervisors fails to commence the hearing within 60 days;

The Board of Supervisors notifies the landowner that it will not adopt the curative amendment;

The Board of Supervisors adopts another curative amendment which is unacceptable to the landowner; or

The Board of Supervisors fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and municipality.

Where, after the effective date of the Act, a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Supervisors pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 425-123A of this chapter, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner that adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the Act shall apply.[2]

Editor's Note: See 53 P.S. § 10508(4).

Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner that adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.

Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively.

Curative amendment by the Board of Supervisors:

The Board of Supervisors, by formal action, may declare this chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Board of Supervisors shall:

By resolution, make specific findings setting forth the declared invalidity of the chapter or portions thereof which may include:

References to specific uses that are either not permitted or not permitted in sufficient quantity;

References to a class of use or uses which require revision; or

References to the entire chapter which requires revisions.

Begin to prepare and consider a curative amendment to the chapter to correct the declared invalidity.

Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate or reaffirm the validity of, this chapter pursuant to the provisions required by Section 609 of the Act[3] in order to cure the declared invalidity of the chapter.

Editor's Note: See 53 P.S. § 10609.

Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the chapter under § 425-123A of this chapter subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to, or the reaffirmation of the validity of this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which the Board of Supervisors propose to prepare a curative amendment.

The Board of Supervisors, having utilized the procedures as set forth in this section, may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of the chapter; provided, however, that if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a Pennsylvania Appellate Court decision, the Board of Supervisors may utilize the provisions of this section to prepare a curative amendment to the chapter to fulfill this duty or obligation.

Authentication of Official Zoning Map. Whenever there has been a change in the boundary of a zone or a reclassification of the zone adopted in accordance with the above, the change on the Official Zoning Map shall be made, and shall be duly certified by the Township Secretary and shall thereafter be refiled as part of the permanent records of the Township.

§ 425-132 Conditional uses.

Filing of conditional use. For any use permitted by conditional use, a conditional use must be obtained from the Board of Supervisors. In addition to the information required on the zoning permit application, the conditional use application must show:

Ground floor plans and elevations of proposed structures.

Names and addresses of adjoining property owners, including properties directly across a public right-of-way.

A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.

A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.

General criteria. Each applicant must demonstrate compliance with the following:

The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance.

The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.

The proposed use will not effect a change in the character of the subject property's neighborhood.

Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water, and other utilities, vehicular access, etc.).

For development within the (FP) Zone, that the application complies with those requirements listed in § 425-21J of this chapter.

The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.

The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan.

Conditions. The Board of Supervisors, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this article.

Site plan approval. Any site plan presented in support of the conditional use pursuant to Subsection A of this chapter shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.

Hearing procedures:

Before voting on the approval of a conditional use, the Board of Supervisors shall hold a public hearing thereon; pursuant to public notice and pursuant to mailed notice and electronic notice if applicable per 53 P.S. § 10109. The Board of Supervisors shall submit each such application to the Township Planning Commission at least 30 days prior to the hearing on such application to provide the Township Planning Commission an opportunity to submit recommendations.

Public notice as defined herein, and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors shall designate, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board of Supervisors. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

The Board of Supervisors may prescribe reasonable fees without respect to hearings. Fees for said hearings may include compensation for the secretary, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural, or other technical consultants, or expert witness costs.

The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors, and any other person, including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors for that purpose.

The Chairman or Acting Chairman of the Board of Supervisors shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.