[Ord. 2013-01, 2/11/2013]
1.
Persons desiring to undertake any new construction, structural or
site alteration, or changes in the use of a building or lot shall
apply to the Township Zoning Officer for a zoning permit by filling
out the appropriate application form and by submitting the required
fee.
2.
The Zoning Officer shall either issue the zoning permit or shall
refuse the permit, indicating in writing the reason for refusal and
citing the Part of this chapter upon which such refusal was made.
Certain construction, alterations, and uses require approval of the
Zoning Hearing Board, the Board of Supervisors, and/or the recommendations
of the Planning Commission.
3.
If refused a permit by the Zoning Officer, the applicant may appeal
to the Zoning Hearing Board for further consideration.
4.
After the zoning permit has been received by the applicant, he may
undertake the action permitted by the zoning permit.
5.
Upon completion of such action, the applicant may apply to the Township
Zoning Officer for an occupancy permit, where such a permit is required.
6.
If the Zoning Officer finds that the action of the applicant is in
accordance with the zoning permit and any other required permits,
he shall issue an occupancy permit allowing the premises to be occupied.
[Ord. 2013-01, 2/11/2013]
1.
Zoning Permit.
A.
No person shall erect, alter, convert, move, or add to any building,
structure or sign, or alter the use of any land or structure, until
the Zoning Officer issues a zoning permit for said change or construction.
No zoning permit is required for normal maintenance and repairs.
B.
A zoning permit for a permitted use may be issued by the Zoning Officer.
A zoning permit for a use requiring a special exception or variance
shall be issued by the Zoning Officer only upon the written order
and consent of the Zoning Hearing Board. A zoning permit for a use
requiring a conditional use shall be issued by the Zoning Officer
only upon written decision of the Board of Supervisors.
C.
An applicant for a special exception, variance, or for interpretation
of any part or provisions of this chapter, shall be made to the Zoning
Hearing Board on forms which may be obtained from the Township Secretary.
Any use requiring a conditional use approval requires the filing of
a separate application to the Board of Supervisors regarding those
applicable provisions of this chapter.
D.
All applications shall be made in writing and shall be accompanied
by three sets of plans indicating or illustrating the following information,
if applicable.
(1)
Actual dimensions and shape of the lot to be built upon, plotting
of recorded deed, plotting from County Tax Maps, or as determined
by a licensed surveyor or engineer.
(2)
The exact size and location on the lot of buildings, structures,
and signs existing and proposed extensions thereto.
(3)
The number of dwelling units, if applicable.
(4)
Parking spaces provided and loading facilities, both existing
and proposed.
(5)
Statement indicating the existing and the proposed use.
(6)
Height of proposed structure, building, or sign.
(7)
All other information as may be necessary for the Zoning Officer
to determine conformance with and provide for enforcement of this
chapter.
(8)
A detailed, scaled drawing of any proposed signs showing intended
location and stating how they shall be affixed.
(9)
A statement indicating the type of construction and the manner
of installation for signs, together with the materials to be used.
(10)
A written agreement that the applicant is the owner of the premises
on which the sign will be erected or that the applicant has obtained
the consent of the owner or lessee of such premises to erect such
sign.
(11)
A written agreement that the sign shall be erected according
to the accompanying plans and specifications.
E.
One copy of the plans shall be returned to the applicant by the Zoning
Officer after he shall have marked such copies either as approval
or disapproval and attested to the same by his signature on such copy.
One copy of such plans shall be retained by the Zoning Officer for
his permanent records and one copy shall be retained by the Board
of Supervisors.
F.
Approval or denial of the requested zoning permit shall be made not
later than 30 days from the date of application. In denying a zoning
application, the Zoning Officer shall inform the applicant of the
reasons for denial and specify the provision(s) of this chapter which
have not been satisfied. Applicants shall be informed of their rights
of appeal and provided with all necessary information to pursue such
appeals.
G.
Zoning permits shall expire within six months from date of issuance,
if the work described in any permit has not begun. If work described
in any zoning permit has begun, said permit shall expire after one
year, exclusive of any time required for administration and permitting,
from date of issuance thereof, within which time said work shall be
completed.
2.
Zoning Certificate of Use and Occupancy.
A.
A zoning certificate of use and occupancy shall be required upon the completion of the work authorized. It shall be unlawful to use or occupy any structure, building, or portions thereof in any manner until a zoning certificate of use and occupancy has been issued by the Zoning Officer. Issuance of a zoning certificate of use and occupancy shall not be considered as either a building permit or a certificate of occupancy issued by a Building Code Official under the Uniform Construction Code, Act 45 of 1999, as amended [Chapter 5, Part 1].
B.
The application for zoning certificate of use and occupancy shall
be submitted on such form as the Zoning Officer may prescribe.
C.
The Zoning Officer shall inspect any structure, building, sign, or
land, or portions thereof and shall determine the conformity therewith.
If satisfied that the completed work is in conformity with this chapter
and with the work listed in the zoning permit, a certificate of use
and occupancy shall be issued.
D.
A zoning certificate of use and occupancy shall be granted or refused
in writing, within 10 days from the date of application.
E.
In zones in which performance standards are imposed, no zoning certificate
of occupancy shall become permanent until 30 days after the facility
is fully operating and only after, upon re-inspection by the Zoning
Officer, it is determined that the facility is in compliance with
the zoning performance standards. After said re-inspection the Zoning
Officer shall notify the applicant that the facility is in full compliance
with all performance standards and that the zoning certificate of
use and occupancy is permanent or that the facility does not comply
and that the zoning certificate of use and occupancy is still temporary.
In no case shall a temporary zoning certificate of use and occupancy
extend 90 days past the date of re-inspection.
3.
Certificate of Nonconforming Use or Structure.
A.
The owner of the premises occupied by a lawful nonconforming use
or structure may secure a certificate of nonconforming use or structure
from the Zoning Officer.
B.
Such certificate shall be authorized by the Zoning Officer and shall
certify to the owner his right to continue such nonconforming use
or structure.
[Ord. 2013-01, 2/11/2013]
2.
Duties and Powers. It shall be the duty of the Zoning Officer to
enforce literally the provisions of this chapter, as amended, and
shall have such duties and powers as are conferred by this chapter
and as are reasonably implied for that purpose. The Zoning Officer's
duties shall include, but are not limited to, the following:
A.
Receive applications for and issue zoning permits and sign permits
as permitted by the terms of this chapter.
B.
Keep an official record of all business and activities, including
written complaints of a violation of any of the provisions of this
chapter and of the action taken consequent to each such complaint.
All such records shall be open to public inspection. File copies of
all applications received, permits issued, reports and inspections
made in connection with any structure, building, sign, or land, shall
be retained as long as the structures remain in existence.
C.
Make inspections as required to fulfill his duties. He shall have
the right to enter any building or structure or enter upon any land
at any reasonable hour in the course of his duties.
D.
Issue permits for special exception uses, conditional uses, and for
variances only after such uses or buildings have been approved by
the Zoning Hearing Board or Board of Supervisors in accordance with
the regulations of this chapter.
E.
Be responsible for keeping this chapter and the Zoning Map up to
date so as to include all amendments thereto.
F.
Issue zoning certificates of use and occupancy in accordance with
the terms of this chapter.
G.
Perform such other duties as may be required for the administration
of this chapter.
3.
Notice of Violations.
A.
The Zoning Officer shall serve a notice of violation on any person,
firm, corporation, or partnership responsible for violating any of
the provisions of this chapter, or in violation of a detailed statement
or a plan approved thereunder.
B.
Notice of violation shall be in writing, indicating the nature of
the violation and action necessary to correct same. 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.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
4.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
5.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance with
procedures set forth in 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.
[Ord. 2013-01, 2/11/2013]
1.
Creation and Membership.
A.
The Board of Supervisors hereby create a Zoning Hearing Board, herein
referred to as the "Board," consisting of residents of the Township
appointed by the Board of Supervisors pursuant to the Pennsylvania
Municipalities Planning Code, as amended, 53 P.S. § 10101
et seq., who shall be appointed and serve and shall perform all the
duties and have all the powers as prescribed by said Code and this
chapter.
B.
The Board of Supervisors may appoint alternate members of the Board
pursuant to the provisions of the Code, as amended. The alternate
members may serve as provided in the Code.
2.
Organization.
A.
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 27-1005. The Board may make, alter, and rescind rules and forms for its procedures, consistent with the ordinances of the Township and laws of the State. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine.
B.
All meetings of the Board shall be open to the public. The Board
shall keep full public records of its business and shall submit a
report of its activities to the Board of Supervisors once a year.
3.
Expenditures and Compensation.
A.
Within the limits of funds appropriated by the Board of Supervisors,
the Board may employ or contract for secretaries, clerks, legal counsel,
consultants, and other technical and clerical services.
B.
Members of the Board may receive compensation for the performance
of their duties, as may be fixed by the Board of Supervisors, but
in no case shall it exceed the rate of compensation authorized to
be paid to the members of the Board of Supervisors.
4.
Procedures for Application.
A.
The Board shall act in strict accordance with the procedures specified
by the Pennsylvania Municipalities Planning Code, as amended, 53 P.S.
§ 10101 et seq., and by this chapter.
B.
All appeals and applications made to the Board shall be in writing,
on forms prescribed by the Board. Every appeal or application shall
refer to the specific provision of the ordinance involved and shall
exactly set forth the interpretation that is claimed, the grounds
for any challenges to validity of this chapter, the use for which
a special permit is sought, or the details of the variance that is
applied for and the grounds on which it is claimed that the variance
should be granted, as the case may be. In, all cases, the Board of
Supervisors and Planning Commission shall have the right to review
and comment on the application, and to present such comments at the
hearing.
[Ord. 2013-01, 2/11/2013]
1.
The Zoning Hearing Board shall have the functions authorized in the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended, including the power to hear and to render final
adjudications in the following matters:
A.
Substantive challenges to the validity of this chapter.
B.
Challenges to the validity of this chapter raising procedural questions
or alleged defects in the process of enactment or adoption, which
challenges shall be raised by an appeal within 30 days after the effective
date of the amendment.
C.
Appeals from the determination of the Zoning Officer including, but
not limited to, the granting or denial of any permit or failure to
act on the application therefor, the issuance of any cease-and-desist
order or any other decision or determination made in the enforcement
or application of this chapter.
D.
Appeals from the determination of the Township Engineer or the Zoning
Officer with reference to the administration of the floodplain regulations
or with reference to sedimentation and erosion control as well as
stormwater management.
E.
Applications for variances from the terms of this chapter.
F.
Applications for special exceptions in such cases as are specifically
provided in this chapter.
G.
Appeals from the determination of any officer or agency charged with
the administration of any transfer of development rights or performance
density provisions of this chapter.
H.
Appeals from the Zoning Officer determination for a preliminary opinion.
2.
Variances.
A.
The Board shall hear requests for variances where it is alleged that
the provisions of this chapter inflict unnecessary hardship upon the
applicant. 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 the Pennsylvania Municipalities Planning
Code, as amended, 53 P.S. § 10101 et seq. The Board may,
by rule, prescribe the form of application and may require preliminary
application to the Zoning Officer.
B.
In all cases, the Board of Supervisors and Planning Commission shall
have the right to review and comment on the application and to present
such comments at the hearing.
C.
The Board may grant a variance provided that all the following findings
are made where relevant in a given case:
(1)
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 particular property, and that the unnecessary hardship is due
to such condition, and not circumstances or conditions generally created
by the provisions of this chapter in the neighborhood or district
in which the property is located.
(2)
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 the reasonable use of
the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
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.
(5)
That the variance as granted by the Board is the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
(6)
The approval of a variance, if authorized by the Board, which
anticipates construction or modification of a structure, creation
of new or revised lot lines, or dimensional standards for a property
or structure situated thereon, shall be valid and remain in effect
for a term of one year from the date of said approval and shall thereafter
expire and be void, unless said construction, modification, new or
revised lot lines or dimensional standards, or change of use or occupancy
be initiated within said one-year term or said term is expressly extended
as part of the initial approval.
(7)
In the event that the activity anticipated by the variance should
not be initiated within one year of the approval or such additional
term as may be expressed in the approval or should the activity which
is the subject of the variance be discontinued, the premises or structure
or structure situated thereon shall not thereafter be used except
in conformity with the regulations of the district in which it is
located.
3.
Special Exceptions.
A.
The Board shall hear and decide, upon application, only such special
exceptions which the Board by the provisions of this chapter is specifically
authorized to issue. The granting of a special exception when specifically
authorized by the terms of this chapter shall be subject to the following
standards and criteria:
(1)
Such use shall be one which is specifically authorized as a
special exception use in the zoning district wherein the applicant
seeks a special exception.
(2)
Such special exception shall only be granted subject to any
applicable condition and safeguards as required by this chapter.
(3)
Such use shall be of a development scale or intensity that it
would not adversely affect the character of the general neighborhood,
nor the conservation of property values, nor the health and safety
of residents or workers on adjacent properties and in the general
neighborhood.
(4)
Such use shall not adversely impact the general neighborhood
relative to problems such as air pollution, light pollution, noise,
soil erosion, sedimentation, stormwater and flooding.
(5)
Such use shall be of such size and so located and laid out in
relation to its access streets that vehicular and pedestrian traffic
to and from such use will not create undue congestion or hazards prejudicial
to the general neighborhood, and shall be serviceable by emergency
service providers.
(6)
Such use shall be compatible with the building sizes, heights,
and massing of other buildings in the general neighborhood.
(7)
Such use shall include proposals for landscaping and buffering
to mitigate any adverse impacts.
(8)
Services and utilities shall be made available to adequately
service the proposed use by the applicant, and the applicant shall
provide "will serve" letters for the proposed water and sewer systems
from the service provider or suitability letters from certified professionals
for on-site sewer and water.
(9)
The granting of the special exception shall be consistent with
the Township Comprehensive Plan.
B.
The applicant for a special exception shall demonstrate, as a condition
to approval of his application, compliance with the above criteria
and those criteria specified elsewhere in this chapter for the use
in question.
C.
In all cases, the Board of Supervisors and Planning Commission shall
have the right to review and comment on the application and to present
such comments at the hearing.
D.
In granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of this
chapter and the Pennsylvania Municipalities Planning Code, as amended,
53 P.S. § 10101 et seq.
E.
The approval of a special exception, if authorized by the Board,
which anticipates construction or modification of a structure, creation
of new or revised lot lines, or dimensional standards for a property
or structure situated thereon, shall be valid and remain in effect
for a term of one year from the date of said approval and shall thereafter
expire and be void, unless said construction, modification, new or
revised lot lines or dimensional standards, or change of use or occupancy
be initiated within said one-year term, or said term is expressly
extended as part of the initial approval.
F.
In the event that the activity anticipated by the special exception
should not be initiated within one year of the approval, or such additional
term as may be expressed in the approval, or should the activity which
is the subject of the special exception be discontinued, the premises
or structure or structure situated thereon shall not thereafter be
used except in conformity with the regulations of the district in
which it is located.
[Ord. 2013-01, 2/11/2013]
1.
Procedures.
A.
Public notice, as defined by law, and written notice shall be given
to the public, the applicant, adjoining property owners of the applicant
property, the Zoning Officer, such other persons as the Township Supervisors
shall designate by ordinance, and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by ordinance or, in the
absence of ordinance provision, by rules of the Board. In addition
to the written notice provided herein, notice of said hearing shall
be conspicuously posted on the affected tract of land at least one
week prior to the hearing.
B.
The Township Supervisors may prescribe reasonable fees consistent
with the Pennsylvania Municipalities Planning Code (Act 247), as amended,
53 P.S. § 10101 et seq.
C.
The hearing shall be held within 60 days from the date of the applicant's
request, unless the applicant has agreed in writing to an extension
of time.
D.
The hearings shall be conducted by the Board or the Board may appoint
any member as a hearing officer. The decision or, where no decision
is called for, the findings shall be made by the Board; however the
appellant or the applicant, as the case may be, in addition to the
Township, may, prior to the decision of the hearing, waive decision
or findings by the Board and accept the decision or findings of the
hearing officer as final.
E.
In all cases, 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, and any other person including civic or
community organizations permitted to appear by the Board. The Board
shall have power to require that all persons who wish to be considered
parties enter appearances in writing on forms provided by the Board
for that purpose.
F.
The chairman or acting chairman of the Board or the hearing officer
presiding shall have the 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.
G.
The parties shall have the right to be represented by counsel. All
such representation shall be confirmed on the record and all statements
presented on behalf of said party shall be binding for the purposes
of administration and enforcement. All parties shall be afforded the
opportunity to respond and present evidence and argument and cross
examine adverse witnesses on all relevant issues.
H.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
I.
The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases the party requesting the original transcript shall bear the
cost thereof.
J.
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
Solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
K.
The Board or the hearing officer as the case may be, shall render
a written decision or, when no decision is called for, make written
findings on the application within 45 days after the last hearing
before the Board or hearing officer. Where the application is contested
or denied, each decision shall be accompanied by findings of fact
and conclusions based thereon together with the reasons therefore.
Conclusions based on any provisions of the Municipalities Planning
Code, 53 P.S. § 10101 et seq. or of any ordinance, rule,
or regulation shall contain a reference to the provision relied on
and the reasons why the conclusion is deemed appropriate in the light
of the facts found. If the hearing is conducted by a hearing officer,
and there has been no stipulation that his decision or findings are
final, the Board shall make his report and recommendations available
to the parties within 45 days and the parties shall be entitled to
make written representations thereon to the Board prior to the final
decision or entry of findings, and the Board's decision shall
be entered no later than 30 days after the report of the hearing officer.
Where the Board fails to render the decision within the period required
by this subsection, or fails to hold the required hearing within 60
days from the date of the applicant's request for a hearing,
the decision shall be deemed to have been rendered in favor of the
applicant unless the applicant has agreed in writing or on record
to an extension of time. When a decision has been rendered in favor
of the applicant because of the failure of the Board to meet or render
a decision as herein above provided, the Board shall give public notice
of said decision within 10 days from the last day it could have met
to render a decision in the same manner as provided in Subsection
1A of this Part. If the Board shall fail to provide such notice, the
applicant may do so. Nothing in the subsection shall prejudice the
right of any party opposing the application to appeal the decision
to a court of competent jurisdiction.
L.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide by mail
or otherwise, brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
[Ord. 2013-01, 2/11/2013]
1.
Initiation of Amendments. Proposals for amendment, supplement, change,
rezoning, modification, or repeal may be initiated by the Board of
Supervisors on its own motion, by the Township Planning Commission,
or by request of owners of property subject to the following provisions:
A.
Proposals Initiated by the Board of Supervisors. The Board of Supervisors
shall refer every proposed amendment, supplement, change, modification,
rezoning, or repeal originated by them to the Township Planning Commission
at least 30 days prior to the hearing on said proposal. The Planning
Commission shall submit to the Board of Supervisors a report containing
the Commission's recommendations, including any additions or
modifications to the original proposal.
B.
Proposals Originated by the Township Planning Commission. The Township
Planning Commission may at any time transmit to the Board of Supervisors
any proposal for the amendment, supplement, change, rezoning, modification,
or repeal of this chapter.
C.
Proposals Initiated by Others. In the case of amendment, supplement,
change, modification, or rezoning proposed by other than the Board
of Supervisors or Township Planning Commission, such proposal shall
be submitted to the Supervisors, together with any application forms
or fees as may be required by the Supervisors. Such proposal shall
be referred to the Township Planning Commission for review and recommendation
at least 30 days prior to the hearing on the proposal.
2.
Referral to County Planning Commission. At least 30 days prior to
the hearing on the proposed ordinance amendment, rezoning, modification,
change, or supplement, the Board of Supervisors shall submit the proposal
to the Berks County Planning Commission for its recommendations.
3.
Hearings.
A.
Before voting on the enactment of an amendment, the Board of Supervisors
shall hold a public hearing thereon pursuant to public notice. No
such amendment shall become effective until such hearing, at which
parties in interest and citizens shall have an opportunity to be heard.
B.
If, after any public hearing held on an amendment, the proposed amendment
is further revised to include land previously not affected by it,
the Board of Supervisors shall hold another public hearing, pursuant
to public notice, before proceeding to vote on the amendment.
C.
Public notice, as defined in Act 247, as amended, 53 P.S. § 10101
et seq., shall be given of the time, place, and the general nature
of such hearing and shall be published in a newspaper of general circulation
in the Township. Public notices of proposed zoning ordinances and
amendments shall include either the full text thereof, or a brief
summary setting forth the principle provisions in reasonable detail,
and a reference to a place where copies of the proposed ordinance
or amendment may be examined.
4.
Post-enactment Procedures.
A.
After enactment, if the advertisement of a Zoning Ordinance amendment
is required by other laws respecting the advertisement of ordinances,
such advertisement may consist solely of a reference to the place
or places within the Township where copies of the amendment are available
for examination without charge or may be obtained for a charge not
greater than the cost thereof.
B.
Amendments may be incorporated into official ordinance books by reference
with the same force and effect as if duly reported therein.
C.
Within 30 days of enactment, the Township shall forward an endorsed
copy of the amendment to the Berks County Planning Commission.
[Ord. 2013-01, 2/11/2013]
1.
Procedure for Landowner Curative Amendments.
A.
A landowner who desires to challenge on substantive grounds the validity
of this chapter 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 with a written request that his challenge
and proposed amendment be heard and decided as provided in §§ 609.1
and 916.1 of the Municipalities Planning Code, 53 P.S. §§ 10609.1,
10916.1.
B.
The Board of Supervisors shall commence a hearing thereon within
60 days of the request unless the landowner requests or consents to
an extension of time.
C.
The curative amendment shall be referred to the Township Planning
Commission and County Planning Commission at least 30 days prior to
the hearing to provide both agencies with an opportunity to submit
recommendations.
D.
The hearing shall be conducted in accordance with procedures established
in § 609.1 of the Pennsylvania Municipalities Planning Code,
as amended, 53 P.S. § 10609.1.
E.
Within 30 days of enactment of a curative amendment, the Township
shall forward an endorsed copy of the amendment to the Berks County
Planning Commission.
2.
Procedure for Municipal Curative Amendments.
A.
Pursuant to § 609.2 of the Municipalities Planning Code,
as amended, 53 P.S. § 10609.1, the Township, by formal action,
may declare this chapter or portions thereof substantively invalid
and propose the preparation of a curative amendment to overcome such
invalidity. Within 30 days of such declaration the Board of Supervisors
shall:
(1)
By resolution, make specific findings setting forth the declared
invalidity of this chapter. This may include references to specific
uses which are either not permitted or not permitted in sufficient
quantity; reference to a class of uses which require revision; or
reference to the entire ordinance which requires revisions.
(2)
Begin to prepare and consider a curative amendment to correct
the declared invalidity.
B.
Within 180 days from the date of the declaration and proposal, the
Township shall enact a curative amendment to this chapter or reaffirm
the validity of this chapter. The established procedures required
by § 609 of the Municipalities Planning Code, as amended,
53 P.S. § 10609, shall govern the process of enactment of
the curative amendment.
C.
Following the date of enactment of a curative amendment, or reaffirmation
of this chapter, the Township may not again utilize the curative amendment
procedure for a thirty-six-month period.
D.
If, after the date of declaration and proposal, there is a substantially
new duty or obligation imposed on the Township by statute or Pennsylvania
appellate court decision, the Township may utilize the provisions
of this Part to prepare a curative amendment to this chapter to fulfill
said duty or obligation.
E.
Within 30 days of enactment, the Township shall forward an endorsed
copy of the amendment to the Berks County Planning Commission.
[Ord. 2013-01, 2/11/2013]
1.
Four copies of an application for permission to conduct a use permitted
by condition shall be submitted to the Township Secretary. Such application
shall include all information specified for a zoning permit application
and any other information necessary to allow the Township Board of
Supervisors to determine that all requirements of this chapter have
been met. The applicant shall be responsible for all pertinent costs
incurred for the review of the application.
2.
After receiving an application, the Board of Supervisors shall refer
one copy of the application to the Township Planning Commission for
its review and one copy to the Township Zoning Officer for his review.
3.
The application shall be reviewed at one or more advertised meetings
of the Township Board of Supervisors.
4.
Conditional uses shall meet the specific standard established for
each use by this chapter and all other applicable zoning district
requirements and general regulations established by this chapter.
In addition, the following standards shall be met.
A.
The use shall be one which is specifically authorized as a conditional
use in the zoning district wherein the applicant is seeking a conditional
use.
B.
The use conforms with the goals, objectives, and policies of the
Comprehensive Plan.
C.
The use conforms with the spirit, purpose, and intent of all other
applicable provisions of all other Township ordinances.
D.
The use conforms with all pertinent state and federal laws, regulations,
and requirements.
E.
Services and (water and sewer) shall be made available to adequately
service the proposed use., and the applicant shall provide "will serve"
letters from the appropriate service provider, or suitability letters
from certified professionals for on-site sewer and water feasibility.
F.
The use will not generate traffic such that hazardous or unduly congested
conditions will result.
G.
The use is appropriate to the site in question.
H.
The use shall be of a development scale or intensity of use that
would not adversely affect the character of the general neighborhood,
nor the health or safety of residents or workers on adjacent properties
and in the general neighborhood.
I.
Such use shall not adversely impact the general neighborhood relative
to problems such as air pollution, light pollution, noise, soil erosion
and flooding.
J.
Such use shall be compatible with the building sizes, heights and
massing of other buildings in the general neighborhood.
K.
Such use shall include proposals for landscaping and buffering to
mitigate any adverse impacts.
L.
The granting of the conditional use shall be consistent with the
Township Comprehensive Plan.
5.
The Board of Supervisors shall hold a hearing within 60 days of the
date the application is received by the Township Secretary, unless
the applicant has agreed in writing to an extension of time. The decision
of the Board shall be issued within 45 days of the last hearing.
6.
The Township Supervisors may attach such additional reasonable conditions
and safeguards as they deem necessary to implement the purpose of
this chapter and the Pennsylvania Municipalities Planning Code, as
amended, 53 P.S. § 10101 et seq.
7.
The granting of permission to conduct a use permitted by condition does not exempt an applicant from acquiring all approvals required by the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
8.
The approval of a conditional use, if authorized by the Board, which
anticipates construction or modification of a structure, creation
of new or revised lot lines or dimensional standards for a property
or structure situated thereon, shall be valid and remain in effect
for a term of one year from the date of said approval and shall thereafter
expire and be void, unless said construction, modification, new or
revised lot lines or dimensional standards, or change of use or occupancy
be initiated within said one-year term or said term is expressly extended
as part of the initial approval. In the event that the activity anticipated
by the conditional use should not be initiated within one year of
the approval or such additional term as may be expressed in the approval
or should the activity which is the subject of the conditional use
be discontinued, the premises or structure or structure situated thereon
shall not thereafter be used except in conformity with the regulations
of the district in which it is located.
[Ord. 2013-01, 2/11/2013]
All appeals for securing review of this chapter or any decision,
determination, or order of the Board of Supervisors, its agencies
or officers issued pursuant to this chapter shall be in accordance
with all applicable sections of the Pennsylvania Municipalities Planning
Code, as amended, 53 P.S. § 10101 et seq. Question of an
alleged defect in the process of enactment or adoption of this chapter
shall be raised by an appeal taken directly from the action of the
Board of Supervisors to the court filed not later than 30 days from
the effective date of the ordinance or map.
[Ord. 2013-01, 2/11/2013]
1.
The Board of Supervisors shall establish a schedule of fees, charges,
and expenses and collection procedures for zoning permits, certificates
of occupancy, special exceptions, variances and appeals, and other
matters pertaining to this chapter.
2.
The schedule of fees shall be available for inspection in the office
of the Zoning Officer and may be altered or amended by the Board of
Supervisors.
3.
Until all application fees, charges, and expenses have been paid
in full, no action shall be taken on any application or appeal.
[Ord. 2013-01, 2/11/2013]
1.
Enforcement Notice.
A.
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 as provided in this Part.
B.
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.
C.
The enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation, with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within 30 days of the date of the notice.
(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.
2.
Causes of Action. In case any building, sign, structure, landscaping,
or land is or is proposed to be erected, constructed, reconstructed,
altered, converted, maintained, or used in violation of any ordinance,
the Board of Supervisors or, with the approval of the Board of Supervisors,
an officer of the Township or any aggrieved owner or tenant of real
property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct, or abate such building, structure, landscaping, or land or
to prevent in or about such premises any act, conduct, business, or
use constituting a violation. When any such action is instituted by
a landowner or tenant, notice 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.
3.
Jurisdiction. Magisterial district judges shall have initial jurisdiction
over proceedings brought under this chapter.
4.
Enforcement Remedies. 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 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, be 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 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 magisterial district judge, and thereafter, each day that a
violation continues shall constitute a separate violation. All judgments,
costs, and reasonable attorneys' fees collected for the violation
of zoning ordinances shall be paid over to the Township.
