[Ord. No. 130, 12/9/1991]
(a)
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.
(b)
The Zoning Officer shall either issue the zoning permit or shall
refuse the Permit, indicating in writing the reason for refusal. Certain
construction, alterations or uses require approval of the Zoning Hearing
Board and/or the Board of Supervisors and/or the Planning Commission.
(c)
If refused a Permit by the Zoning Officer, the applicant may appeal
to the Zoning Hearing Board for further consideration.
(d)
After the zoning permit has been received by the applicant, he may
undertake the action permitted by the zoning permit.
(e)
Upon completion of such action, the applicant may apply to the Township
Zoning Officer for an occupancy permit (where such a permit is required).
(f)
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. No. 130, 12/9/1991;
as amended Ord. No. 294, 6/15/2016]
(a)
Zoning Permit.
(1)
No person shall erect, alter, convert, move or add to any building, structure, permanent sign or temporary sign [pursuant to § 32-927 (g)(1), (f)(1) and (i)(1)], or alter the use of any land or structure, until the Zoning Officer issues a zoning permit to the person/applicant for said change or construction. No zoning permit is required for normal maintenance and repairs.
(2)
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 after all hearing procedures. 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 uses permitted by right or by special exception that is subject to any conditional uses to those applicable provisions which may apply to the use. The Board of Supervisors and the Planning Commission shall regulate all conditions specified under Part 9 of this chapter.
(3)
All applications shall be made in writing and shall be accompanied
by three sets of plans indicating or illustrating the following information
if applicable:
(i)
The actual dimensions and shape of the lot to be built upon
prepared by a licensed surveyor or engineer;
(ii)
The exact size and location on the lot of buildings,
structures or signs existing and/or proposed extensions thereto prepared
by a licensed surveyor or engineer;
(iii)
The number of dwelling units, if applicable;
(iv)
Parking spaces provided and/or loading facilities;
(v)
Statement indicating the existing or proposed use;
(vi)
Height of structure, building or sign;
(vii)
All other information necessary for such Zoning
Officer to determine conformance with and provide for enforcement
of this chapter;
(viii)
A detailed scaled drawing of the signs showing
intended location and stating how it shall be affixed;
(ix)
A statement indicating the type of construction
and the manner of installation for signs, together with the materials
to be used;
(x)
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; and
(xi)
A written agreement that the sign shall be erected
according to the accompanying plans and specifications.
(4)
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.
(5)
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 has not been satisfied. Applicants shall be informed of their
rights of appeal and provided with all necessary information to pursue
such appeals.
(6)
Zoning permits shall expire within six months from date of issuance,
if the work described in any permit has not begun. If the 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.
(b)
Certificate of Use and Occupancy.
(1)
A certificate of use and occupancy shall be required upon the
completion of the work authorized. It shall be unlawful to use and/or
occupy any structure, building and/or portions thereof in any manner
until a certificate of use and occupancy has been issued by the Zoning
Officer.
(2)
The application for certificate of use and occupancy shall be
submitted on such form as the Zoning Officer may prescribe.
(3)
The Zoning Officer shall inspect any structure, building, sign
and/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.
(4)
A certificate of use and occupancy shall be granted or refused,
in writing, within 10 days from the date of application.
(5)
In zones in which performance standards are imposed, no Certificate
of Occupancy shall become permanent until 30 days after the facility
is fully operating and only after, upon reinspection by the Zoning
Officer, it is determined that the facility is in compliance with
the zoning performance standards. After said reinspection the Zoning
Officer shall notify the applicant that the facility is in full compliance
with all performance standards and that the certificate of use and
occupancy is permanent or that the facility does not comply and that
the certificate of use and occupancy is still temporary. In no case
shall a temporary certificate of use and occupancy extend 90 days
past the date of reinspection.
(c)
Certificate of Nonconforming Use or Structure.
(1)
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.
(2)
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. No. 130, 12/9/1991;
as amended by Ord. No. 164, 4/26/1999]
(a)
Appointment.
(b)
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:
(1)
Receive applications for and issue zoning permits and sign permits
as permitted by the terms of this chapter.
(2)
Keep an official record of all business and activities, including
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, and reports and inspections made in connection
with any structure, building, sign and/or land shall be retained as
long as the structures, etc., remain in existence.
(3)
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.
(4)
Issue permits for special exception uses, conditional uses and
for variances only after such uses and/or buildings have been approved
by the Zoning Hearing Board or the Governing Body in accordance with
the regulations of this chapter.
(5)
Be responsible for keeping this chapter and the Zoning Map up-to-date
so as to include all amendments thereto.
(6)
Issue Certificates of Use and Occupancy in accordance with the
terms of this chapter.
(7)
Review and register nonconforming uses, lots, structures, buildings
or signs as submitted by the property owner.
(8)
Perform such other duties as may be required for the administration
of this chapter.
(c)
Notice of Violations. 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. Notice of violation
shall be in writing, indicating the nature of the violation and action
necessary to correct the same. If the notice of violation is not complied
with, the Zoning Officer is hereby authorized to file a complaint
with the district magistrate located closest to the site of the alleged
violation.
[Ord. No. 130, 12/9/1991]
(a)
Creation and Membership.
(1)
The Township Board of Supervisors hereby creates a Zoning Hearing
Board, herein referred to as the "Board," consisting of residents
of the Township appointed by the Township Board of Supervisors pursuant
to the Pennsylvania Municipalities Planning Code, as amended, 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.
(2)
The Township Supervisors may appoint alternate members of the
Zoning Hearing Board pursuant to the provisions of the Code, as amended.
The alternate members may serve as provided in the Code.
(b)
Organization.
(1)
The Zoning Hearing 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 Zoning Hearing Board. The Zoning Hearing 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 Zoning Hearing Board as provided in § 32-1105. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedures, consistent with the ordinances of the Township and the laws of the state. Meetings shall be held at the call of the Chairman and at such other times as the Zoning Hearing Board may determine.
(2)
All meetings of the Zoning Hearing Board shall be open to the
public. The Zoning Hearing 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.
(c)
Expenditures and Compensation. Within the limits of funds appropriated
by the Board of Supervisors, the Zoning Hearing Board may employ or
contract for secretaries, clerks, legal counsel, consultants and other
technical and clerical services. Members of the Zoning Hearing 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 by the Board of Supervisors.
(d)
Procedures for Application. The Zoning Hearing Board shall act in
strict accordance with the procedures specified by the Pennsylvania
Municipalities Planning Code, as amended, and as it may be amended,
and by this chapter. All appeals and applications made to the Zoning
Hearing Board shall be in writing, on forms prescribed by the Zoning
Hearing Board. Every appeal or application shall refer to the specific
provision of this chapter 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 Zoning Hearing Board shall request
the Board of Supervisors and the Township Planning Commission to review
and comment on the application prior to rendering a decision.
[Ord. No. 130, 12/9/1991]
The Zoning Hearing Board shall have the functions authorized
in the Pennsylvania Municipalities Planning Code, as amended. The
jurisdiction of the Zoning Hearing Board and the Township Board of
Supervisors, and the procedures to be followed by each, shall be as
established in said Code.
(a)
Variances. The Zoning Hearing 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 Zoning Hearing
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. The Zoning Hearing Board
may, by rule, prescribe the form of application and may require preliminary
application to the Zoning Officer. In all cases, the Zoning Hearing
Board shall request the Board of Supervisors and the Planning Commission
to review and comment on the application prior to rendering a decision.
The Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing
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 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.
(b)
Special Exceptions. The Zoning Hearing Board shall hear and decide,
upon application, only such special exceptions which the Zoning Hearing
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. The applicant for a special exception shall demonstrate,
as a condition to approval of his application, compliance with these
criteria and those criteria specified elsewhere in this chapter for
the use in question. In all cases, the Zoning Hearing Board shall
request the Board of Supervisors and the Planning Commission to review
and comment on the application prior to rendering a decision.
(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 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 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.
(5)
Services and utilities shall be made available to adequately
service the proposed use by the applicant.
(6)
The granting of the special exception shall be consistent with
the Township Comprehensive Plan.
(7)
The approval of a special exception, if authorized by the Zoning
Hearing 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 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.
|
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.
|
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 259, 10/7/2009]
(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 (which includes property owners across the street from the
applicant property), the zoning officer, such other persons as the
Township Board of 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 Board of Supervisors may prescribe reasonable fees consistent
with the Pennsylvania Municipalities Planning Code.
(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 advise 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 the 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 therefor. Conclusions based on any provisions of this act 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 hereinabove 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 (a) of this section. 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. No. 130, 12/9/1991]
(a)
Initiation of Amendments. Proposals and/or applications for amendment,
supplement, change, re-zoning, 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:
(1)
Proposals Initiated by the Board of Supervisors. The Board of
Supervisors shall refer to every proposed amendment, supplement, change,
modification, re-zoning 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
additional or modifications to the original proposal.
(2)
Proposal 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,
re-zoning, modification or repeal of this chapter.
(3)
Proposals Initiated by Others. In the case of amendment, supplement,
change, modification or re-zoning proposed by other than the Board
of Supervisors or the Township Planning Commission, such proposal
shall be submitted to the Board of Supervisors, together with any
application forms or fees as may be required by the Board of 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.
(b)
Referral to County Planning Agency. At least 30 days prior to the
hearing on the proposed ordinance amendment, re-zoning, modification,
change or supplement, the Board of Supervisors shall submit the proposal
to the County planning agency for its recommendations.
(c)
Hearings.
(1)
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.
(2)
If, after any public hearing held on an amendment, the proposed
amendment is revised, or 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.
(3)
Public notice, as defined in Act 247, as amended, shall be given
of the time, place and 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
principal provisions in reasonable detail, and a reference to a place
where copies of the proposed ordinance or amendment may be examined.
(d)
Post Enactment Procedures.
(1)
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.
(2)
Amendments may be incorporated into official ordinance books
by reference with the same force and effect as if duly reported therein.
(3)
Within thirty-day of enactment, the Township shall forward an
endorsed copy of the amendment to the Berks County Planning Commission.
[Ord. No. 130, 12/9/1991]
(a)
Procedure for Landowner Curative Amendments.
(1)
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 Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning
Code (Act 247, as amended).
(2)
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.
(3)
The curative amendment shall be referred to the Township Planning
Commission and the County Planning Commission at least 30 days prior
to the hearing to provide both agencies with an opportunity to submit
recommendations.
(4)
The hearing shall be conducted in accordance with procedures
established in Section 609.1 of Act 247, as amended.
(5)
Within 30 days of enactment of a curative amendment, the Township
shall forward an endorsed copy of the ordinance/amendment to the Berks
County Planning Commission.
(b)
Procedure for Municipal Curative Amendments.
(1)
Pursuant to Section 609.2 of Act 247, as amended, 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 the Board of Supervisors shall:
(i)
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.
(ii)
Begin to prepare and consider a curative amendment
to correct the declared invalidity.
(2)
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 Section 609 of Act 247, as amended, shall govern the process of
enactment of the curative amendment.
(3)
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.
(4)
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 section to prepare a curative amendment to this chapter to
fulfill said duty or obligation.
(5)
Within 30 days of enactment, the Township shall forward an endorsed
copy of the ordinance/amendment to the Berks County Planning Commission.
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 164, 4/26/1999]
(a)
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.
(b)
The application procedures for a conditional use hearing shall be
consistent with the requirements specified by the Pennsylvania Municipalities
Planning Code, as amended.
(c)
The application shall be reviewed at one or more advertised meetings
of the Township Board of Supervisors.
(d)
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:
(1)
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.
(2)
The use conforms with the goals, objectives and policies of
the Township Comprehensive Plan.
(3)
The use conforms with the spirit, purposes and intent of all
other applicable provisions of all other Township ordinances.
(4)
The use conforms with all pertinent state and federal laws,
regulations and requirements.
(5)
Services and utilities shall be made available to adequately
service the proposed use.
(6)
The use will not generate traffic such that hazardous or unduly
congested conditions will result.
(7)
The use is appropriate to the site in question.
(8)
The use shall not adversely affect the character of the general
neighborhood, nor the health and safety of residents or workers on
adjacent properties and in the general neighborhood.
(e)
The Board of Supervisors shall either approve or disapprove the application
within 90 days after the date the application is received by the Township
Secretary.
(f)
The Township Board of 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.
(g)
The granting of permission to conduct a use permitted by condition does not exempt an applicant from acquiring all approvals required by the Township's Subdivision and Land Development Ordinance (see Chapter 27 of the Township Code of Ordinances).
(h)
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. No. 130, 12/9/1991]
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 Act 247, as amended. 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 this chapter or the Map.
[Ord. No. 130, 12/9/1991]
(a)
The Governing Body 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.
(b)
The schedule of fees shall be available for inspection in the office
of the Zoning Officer and may be altered or amended by the Governing
Body.
(c)
Until all application fees, charges and expenses have been paid in
full, no action shall be taken on any application or appeal.
[Ord. No. 130, 12/9/1991]
(a)
Remedies. In case any buildings or structures are erected, constructed,
reconstructed, altered, repaired, converted or maintained or any building,
structure or land is used in violation of this chapter, the Governing
Body or, with its approval, the Zoning Officer, in addition to other
remedies, may institute in the name of the Township any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land, or to prevent any illegal act,
conduct business or use in or about such premises. The rights and
remedies provided in this chapter are cumulative and are in addition
to all other remedies provided by law.
(b)
Penalties. 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 therefor in a civil enforcement proceeding
by a municipality, pay a minimum judgment of $25 up to a maximum of
$600 for a first offense and a minimum of $100 up to a maximum of
$600 for each consecutive offense. In addition to the judgment, the
liable party shall be responsible for paying all court costs, including
reasonable attorneys' fees incurred by the Township as a result of
the violation. Each day that the violation is continued shall constitute
a separate offense. All fines collected for the violation of this
chapter shall be paid over to the Township. All fines and penalties
may be collected by suit or summary proceeding brought in the name
of the Township before any district justice or other appropriate court
with jurisdiction.
The Amity Township Zoning Ordinance of 1991 was enacted by the
Township on December 9, 1991. The technical amendments to this chapter
were enacted by the Township as follows: Ordinance No. 134 enacted
May 4, 1992; Ordinance No. 146 enacted August 29, 1994; Ordinance
No. 160 enacted April 27, 1998; Ordinance No. 164 enacted April 26,
1999; Ordinance No. 166 enacted October 11, 1999; Ordinance No. 176
enacted December 11, 2000; Ordinance No. 188 enacted May 6, 2002;
Ordinance No. 192 enacted September 16, 2002; Ordinance 196 enacted
April 15, 2003; Ordinance 197 enacted August 5, 2003; Ordinance 215
enacted July 5, 2005; Ordinance 225 enacted May 16, 2006; Ordinance
No. 229 enacted December 19, 2006; Ordinance 234 enacted April 17,
2007; Ordinance No. 236, enacted May, 16, 2007; Ordinance 237 enacted
June 5, 2007; Ordinance 239 enacted August 21, 2007; Ordinance 246
enacted August 6, 2008; Ordinance No. 247 enacted October 1, 2008;
Ordinance 248 enacted October 1, 2008; Ordinance 260 enacted October
2, 2009; Ordinance 261 enacted October 21, 2009; Ordinance 269 enacted
December 15, 2010; Ordinance 275 enacted October 5, 2011; Ordinance
281, enacted December 5, 2012; Ordinance 283, enacted March 19, 2014;
Ordinance 289 enacted July 1, 2015; Ordinance 294 enacted June 15,
2016.
