A. 
Zoning Officer. The provisions of this chapter shall be enforced by an agent to be appointed by the Township Manager who shall be known as the "Zoning Officer."
B. 
Deputy. The Township Manager may designate an employee or employees of the Township as Deputy Zoning Officers who may exercise all the powers of this chapter.
C. 
Compensation. The compensation for the Zoning Officer and the Deputy Zoning Officers shall be determined by the Township Manager in accordance with the policies of the Board of Supervisors.
D. 
Duties and responsibilities. The Zoning Officer shall have all the duties and powers conferred by this chapter in addition to those reasonably implied for that purpose. He or she shall not issue a permit or certificate in connection with any contemplated erection, construction, alteration, repair, extension, replacement and/or use of any building, structure, sign and/or land unless it first conforms with the requirements of this chapter, all other ordinances of the Township and with the laws of the Commonwealth of Pennsylvania. He or she shall:
(1) 
Receive applications, process the same and issue permits for the erection, construction, alteration, repair, extension, replacement and/or use of any building, structure, sign and/or land in the Township.
(2) 
At his or her discretion, examine or cause to be examined, all buildings, structures, signs and/or land or portions thereof for which an application has been filed for the erection, construction, alteration, repair, extension, replacement and/or use before issuing any permit. Thereafter, he or she may make such inspections during the completion of work for which a permit has been issued. Upon completion of the building, structure, sign and/or change, a final inspection shall be made and all violations of approved plans or permit shall be noted and the holder of the permit shall be notified of the discrepancies.
(3) 
Keep a record of all applications received, all permits and certificates issued, reports of inspections, notices and orders issued and the complete recording of all pertinent factors involved. He or she shall file and safely keep copies of all plans permitted and the same shall form a part of the records of his or her office and shall be available for the use of the Board of Supervisors and other officials of the Township.
(4) 
At his or her discretion, issue a sixty-day temporary permit to continue operation of a business after damage caused by fire, flood or similar natural or man-made emergency. The applicant must demonstrate to the Zoning Officer's satisfaction that it is safe to continue operations and must submit a restoration plan to the Zoning Hearing Board for consideration at the next Zoning Hearing Board meeting, as directed by the Zoning Officer.
A. 
Requirements. It shall be unlawful to commence the excavation for or the construction or erection of any building or structure, including an accessory building, or to commence the moving or alteration of any building, including an accessory building, until the Zoning Officer has issued a zoning permit for such work.
B. 
Form of application. The application for a permit shall be submitted in such form as shall be prescribed by the Board of Supervisors and shall be accompanied by the required fee as hereinafter prescribed. Application for a permit shall be made by the owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization of the owner or the qualified person making an application that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
C. 
Description of work. The application shall contain a general description of the proposed work, use and occupancy of all parts of the building, structure or sign and such additional information as may be required by the Zoning Officer. The application for the permit shall be accompanied by a plot plan of the proposed building, structure or sign drawn to scale with sufficient clarity to show the nature and character of the work to be performed, including off-street parking and loading space, if required, the location of new and existing construction and the distances of the same from the existing lot lines.
D. 
Time limit for application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing unless such application has been diligently prosecuted or a permit shall have been issued, except that reasonable extensions of time for additional periods not exceeding 90 days each may be granted at the discretion of the Zoning Officer.
E. 
Issuance of permits. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he shall reject such application, in writing, stating the reasons therefor. He shall inform the applicant of his right of appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of this chapter and all laws and ordinances applicable thereto and that the certificate of use and occupancy as required herein has been applied for, he shall issue a permit therefor as soon as practical.
F. 
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.
G. 
Revocation of permits. The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter.
H. 
Posting of permit. A true copy of the permit shall be kept on the site of operations open to public inspection during the entire time of prosecution of the work or use and until the completion of the same as defined on the application.
I. 
Temporary permit. A temporary permit may be authorized by the Zoning Hearing Board for a nonconforming structure or use which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such permits shall be issued for a specified period of time not to exceed one year and may be renewed annually for an aggregate period not to exceed three years.
J. 
Payment of fees. No permit to begin work for the erection, construction, alteration, repair, extension, replacement and/or use of any building, structure, sign and/or land for construction or use purposes shall be issued until the fees prescribed by the Township Board of Supervisors pursuant to resolution shall be paid to the Zoning Officer. The payment of fees under this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this chapter or any other ordinance or law.
K. 
Compliance with this 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 this chapter, except as stipulated by the Zoning Hearing Board.
L. 
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.
A. 
It shall be unlawful to use and/or occupy any residential dwelling, 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 Building Code Official or designee. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a permit is filed with the Zoning Officer as required herein.
B. 
The application for a certificate of use and occupancy shall be in such form as the Building Code Official may prescribe and may be made on the same application as is required for a permit.
C. 
The application shall contain the intended use and/or occupancy of any structure, building, sign and/or land or portion thereof for which a permit is required herein.
D. 
The Building Code Official 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.
E. 
The certificate of use and occupancy or a true copy thereof shall be kept available for official inspection at all times.
F. 
Upon request of a holder of a permit, the Building Code Official shall issue a temporary certificate of use and occupancy for a structure, building, sign and/or land before the entire work covered by the permit shall have been completed, provided:
(1) 
Such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare.
(2) 
Guarantee of future performance must be filed with the Township assuring the installation and completion of all improvements required within this chapter and the Subdivision and Land Development Ordinance (Chapter 289), including but not limited to curbs, sidewalks, driveways, stormwater management facilities, landscaping and buffer yards and grading. Such written guarantee shall be secured to the Township by one of the following forms of financial security in an amount equal to 110% of the cost of the improvement:
(a) 
Surety bond. The developer shall obtain and file with the Township a corporate surety bond from a bonding company authorized to do business in the Commonwealth of Pennsylvania, payable to the Township, conditioned upon the developer installing and completing all required improvements.
(b) 
Escrow account. The developer shall deposit with the Township or with a federal- or commonwealth-chartered banking institution authorized to do business in Pennsylvania cash or acceptable obligation instrument readily convertible to cash at face value to be held in escrow conditioned upon the developer installing and completing all required improvements. The Township, the developer and the escrow agent, if any, shall enter into a manner as the Township shall reasonably require to secure the installation and completion of the improvements.
(c) 
Letter of credit. The developer shall provide and deposit with the Township an irrevocable letter of credit from a federal- or commonwealth-chartered lending institution authorized to do business in Pennsylvania, payable to the Township, conditioned upon the developer installing and completing all required improvements.
(3) 
Cost shall be determined by the applicant's professional engineer and, in the absence of such determination, cost shall be such amount as the Township Engineer shall estimate as of 90 days following the date scheduled for completion by the developer.
(4) 
Upon installation or completion of the required improvements, the Township Engineer shall inspect the property to ensure the improvements were properly completed, at which point, the financial security shall be released to the developer within 30 days. In the event that the improvements are not completed within six months from the date of the temporary certificate of use and occupancy, then the Township shall cause any required improvements to be installed and completed and enforce against the financial security recovering the cost of the same by any appropriate legal or equitable remedy.
G. 
The Building Code Official 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. 
The construction, erection, replacement, alteration, repair, extension and/or use of any structure, building, sign and/or land or the change of use, area of use, percentage of use or extension or displacement of the use of any structure, building, sign and/or land without first obtaining a permit, or the use of any building, structure, sign and/or land without receipt of a certificate of use and occupancy, or the failure to comply with any other provisions of this chapter are hereby declared to be violations of this chapter.
B. 
The Zoning Officer shall send a written enforcement notice of violation or order to the person, firm or corporation or the owner, lessee or agent of the land upon which the violation has occurred who has committed the violation, and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. However, in no case shall the person so served abandon the premises in such condition so as to create a hazard or menace to the public safety, health, morals or welfare. Said premises shall be placed in such condition as the Zoning Officer shall direct. An enforcement notice shall state at least the following:
[Amended 11-14-2007 by Ord. No. 2007-16]
(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 the ordinance.
(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 the 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. In case any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under the Pennsylvania Municipalities Planning Code (MPC) or prior enabling laws, the Supervisors or, with the approval of the 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 of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of Springettsbury Township. No such action may be maintained until such notice has been given.
(7) 
That failure to file an appeal and request a hearing before the Zoning Hearing Board will result in a deemed binding determination that a violation of this chapter exists, as stated within the enforcement notice.
(8) 
In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
(9) 
Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor.
C. 
If the notice of violation is not complied with within a period of five days, the Zoning Officer or other Township officer may take, in the name of the Township, any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign and/or land in violation of the provision of this chapter or of the order or direction made pursuant thereto.
D. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter enacted under the Municipalities Planning Code or prior enabling laws shall, upon being found liable therefor in civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of determination of a violation by the district justice. 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, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice, and thereafter each day a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violating of zoning ordinances shall be paid over to the Township whose ordinances have been violated. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
E. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
A. 
Creation and membership. The terms of office of the Board members shall be five years and shall be so fixed that the term of office of one member of a five-member board shall expire each year. The Board shall promptly notify the Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township. The Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this section, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board and shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member.
B. 
General procedures. The Zoning Hearing Board shall be governed by the provisions of the Pennsylvania Municipalities Planning Code, Act 170 of December 21, 1988, P.L. 1329 Article IX, as may be amended or revised, and such other Commonwealth of Pennsylvania laws as may be applicable. As used in this article, unless the context clearly indicates otherwise, the term "Board" shall refer to such Zoning Hearing Board and "Act 170" shall refer to the "Pennsylvania Municipalities Planning Code" as cited above.
C. 
Officers. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.
D. 
Meetings. Meetings shall be held at the call of the Board Chairman and at such other times as the Board may determine.
E. 
Hearings. Hearings will be held and records will be kept in accordance with the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
Powers. The Zoning Hearing Board shall have the following powers:
(1) 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, determination or interpretation made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto.
(2) 
To hear and decide special exceptions which may be authorized in this chapter. In addition to the express standards and criteria stated in Article XXIX, Permitted Uses Authorized by Special Exception or Conditional Uses, the Zoning Hearing Board should consider the following general provisions:
(a) 
Purpose. The intended purpose of the proposed use must be consistent with the Township's development objectives as established in the Comprehensive Plan.
(b) 
Compatibility. The proposed use shall be in the best interest of properties in the general area as well as the community at large. The proposed use shall be reviewed in relationship to and its effect upon surrounding land uses and existing environment conditions regarding the pollution of air, land and water, noise, potential of hazards and congestion, illumination and glare, restrictions to natural light and circulation.
(c) 
Suitability. The proposed use shall be suitable for the property in question and shall be designed, constructed, operated and maintained suitably for the anticipated activity and population served, numbers of participating population, frequency of use, adequacy of space and generation of traffic.
(d) 
Serviceability. Assurance shall be made as to the adequacy and availability of utility services and facilities such as sanitary and storm sewers, water, fire, police and other public facilities and the ability of the Township to supply such services.
(e) 
Accessibility. The proposed use shall provide adequate ingress or egress, interior circulation of both pedestrians and vehicles, off-street parking and accessibility to the existing or proposed Township street system.
(f) 
Conformity. The proposed use shall be in conformance with all applicable requirements of this article and, where applicable, in accordance with the Subdivision and Land Development Ordinance (Chapter 289).
(g) 
Other reasonable conditions. The Zoning Hearing Board may attach whatever reasonable conditions and safeguards, in addition to those expressed in this article, it deems necessary to ensure that any proposed development will be consistent with the purposes and intent of this chapter.
(3) 
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
(a) 
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(b) 
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefor necessary to enable the reasonable use of the property.
(c) 
That such unnecessary hardship has not been created by the applicant.
(d) 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use of development of adjacent property, nor be detrimental to the public welfare.
(e) 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of the Pennsylvania Municipalities Planning Code and this chapter.
(4) 
In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as believed proper. Notice of such decision shall forthwith be given to all parties in interest.
(5) 
Unless expressly characterized as "permanent" in the Zoning Hearing Board's opinion, no special exception or variance shall create a nonconforming use or extend to anyone other than the person seeking such special exception or variance and their heirs, successors or assigns.
G. 
Fees for appeals and permits. The fee for appeals and permits shall be set by the Board of Supervisors by resolution.
(1) 
Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor.
H. 
Appeals from Board rulings. Any person aggrieved by any decision of the Zoning Hearing Board may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of the County.
I. 
Burden of proof in appeals. The burden of proof in any appeal, whether for a variance, special exception or otherwise, shall be on the appellant.
A. 
Appeals to the Board may be made by any person or by any Township official or agency aggrieved or affected by any decision of the Zoning Officer. Such appeal shall be taken within 30 days of the decision of the Zoning Officer by filing with the Zoning Officer and with the Board a notice of appeal specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal shall state:
(1) 
The name and address of the appellant.
(2) 
The name and address of the owner of the real estate to be affected by such proposed exception or variance.
(3) 
A brief description and location of the real estate to be affected by such proposed change.
(4) 
A statement of the present zoning classification of the real estate in question, the improvements thereto and the present use thereof.
(5) 
A statement of the section of this chapter under which the variance or exception requested may be allowed and reasons why it should be granted.
B. 
An appeal to the Board shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Officer certifies to the Board, after the notice of appeal shall have been filed, that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Officer for due cause shown.
C. 
Upon receiving an appeal, the Board shall fix a reasonable time and place for a public hearing thereon and shall give the notice thereof:
(1) 
By advertising at least once each week for two successive weeks in a newspaper of general circulation within the Township. 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.
(2) 
By mailing due notice at least six days prior to the date of the hearing to the parties in interest.
(3) 
By giving due notice thereof to the Zoning Officer and such other persons who make timely request for the notice.
D. 
Public hearings. The Board shall conduct hearings and make decisions in accordance with the following requirements:
(1) 
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer 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. 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.
(2) 
The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. The applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.
(3) 
The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney 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.
(4) 
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.
(5) 
The Chairman or Acting Chairman of the Board or the hearing officer presiding 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.
(6) 
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.
(7) 
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(8) 
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.
(9) 
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 its 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.
(10) 
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 therefor. Conclusions based on any provisions of this chapter or of any law, 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 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. Except for challenges filed under Section 916.1 where the Board fails to render the decision within the period required by this subsection, or fails to commence, conduct or complete the required hearing as provided in Subsection D(2) of this section, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the 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 the 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 D(1) of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(11) 
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 examined.
(12) 
The Board of Supervisors shall establish, by resolution, fees with respect to hearings before the Zoning Hearing Board. Upon application to the Board of Supervisors, the fee may be waived upon proof of economic hardship.
E. 
Effect of Board's decision. If the variance is granted or the issuance of a permit is approved or other action by the appellant is authorized, the necessary permit shall be secured and the authorized action begun within six months after the date when the variance is finally granted or the issuance of a permit is finally approved or the other action by the appellant is authorized. For good cause, the Board may, upon application in writing stating the reasons therefor, grant an additional six-month extension.
(1) 
Should the appellant or applicant fail to obtain the necessary permits within said twelve-month period, or having obtained the permit should he fail to commence work thereunder within such twelve-month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application and all provisions, variances and permits granted to him shall be deemed automatically rescinded by the Board.
(2) 
Should the appellant or applicant commence construction or alteration within said twelve-month period, but should he fail to complete such construction or alteration within said twelve-month period, the Board may, upon 10 days' notice, in writing, rescind or revoke the granted variance or the issuance of the permit or permits or the other action authorized to the appellant or applicant, if the Board finds that for good cause appears for the failure to complete within such twelve-month period and if the Board further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action that revocation or rescission of the action is justified.
The Township Board of Supervisors may, from time to time, after public notice and hearings as hereinafter prescribed, amend, supplement, change or repeal this chapter, including the Zoning Map. Any amendment, supplement, change or repeal may be initiated by the Township Planning Commission, the Board of Supervisors or by a petition to the Township Board of Supervisors. Except when the Board of Supervisors preliminarily rejects a petitioned amendment, each amendment, supplement, change or repeal shall be submitted to the Township Planning Commission for its recommendations before final action shall be taken by the Board of Supervisors.
A. 
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 Township Board of Supervisors, which shall then proceed in the same manner as with a petition to the Township Board of Supervisors which has already been reviewed by the Township Planning Commission.
B. 
Amendment initiated by the Township Board of Supervisors. When an amendment, supplement, change or repeal is initiated by the Township Board of Supervisors, it shall submit the proposal to the Township Planning Commission for review and recommendations.
C. 
Amendment initiated by petition. When an amendment, supplement, change or repeal is initiated by petition of a property owner, the following procedures shall apply:
(1) 
No petition shall be accepted by the Zoning Officer which is not complete on its face, contains all of the information and data required by the Zoning Officer to reasonably support the petition and is signed by at least one record owner of property which would be affected by the proposed amendment, whose signature shall be notarized attesting to the truth and correctness of all of the facts and information set forth in the petition.
(2) 
All petitions shall be accompanied by a fee in such amount as shall from time to time be fixed by resolution of the Board of Supervisors.
(3) 
Upon receipt of a petition and the payment of the fee, the Zoning Officer shall cause the petition to be scheduled as an item for preliminary action at the next regular meeting of the Board of Supervisors convening not less than 10 days following the filing of the petition.
(4) 
The action of the Board of Supervisors at such meeting shall be limited to either accepting or rejecting the petition. If the petition is accepted, it shall be referred to the Township Planning Commission for a report and recommendation as provided in Subsection D of this section. If the petition is rejected, the property owner who filed the petition shall be so notified, in writing, and the filing fee shall be refunded.
D. 
Referral to Township Planning Commission. After acceptance of the petition by the Township Board of Supervisors, said petition shall be presented to the Township Planning Commission for review and recommendations at least 30 days prior to the public hearing.
E. 
Referral to the County Planning Commission. At least 30 days prior to the public hearing on the amendment by the Board of Supervisors, the Township shall submit the proposed amendment to the York County Planning Commission for recommendations.
F. 
Public hearing.
(1) 
The Township Board of Supervisors shall fix a time and place for a public hearing at which parties of intent and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing and a description of the amendment to be discussed shall be published once each week for two consecutive weeks in a newspaper of general circulation within the Township; 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. Whenever a proposed amendment involves a Zoning Map change, notice of a public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract, such posting to be performed at least one week prior to the date of the hearing.
(2) 
In addition to the requirement that notice be posted under this section, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This clause shall not apply when the rezoning constitutes a comprehensive rezoning.
G. 
Action by the Township Board of Supervisors. At the time and place specified, the Township Board of Supervisors shall conduct a hearing on said petition to amend, change or repeal the Zoning Ordinance or Zoning Map of the Township and shall thereafter at a subsequent regular meeting of the Township Board of Supervisors, either reject the proposed change or adopt an ordinance implementing the proposed change.
H. 
Authentication of Official Zoning Map. Whenever there has been a change in the boundary of a zoning district or a reclassification of the zoning district adopted in accordance with the above, the change on the Official Map shall be made and shall be duly certified by the Township Secretary and shall thereafter be refiled as part of the permanent records of the Township.
A. 
Continuation. Any lawful use of a structure or land existing at the effective date of this article may be continued, although such use does not conform to the provisions of this chapter.
B. 
Extensions. A nonconforming use may be expanded to a distance no greater than 150 feet in any direction from the existing nonconforming use or to an area equal to no more than 25% of existing nonconforming use, whichever is the lesser, or in the case of a building, the expansion shall be limited to an area equal to 50% of the existing total usable floor area of the building devoted to the nonconforming use, but excluding basement, cellars, attics, closets, hallways, stairways, service rooms, bathrooms, utility rooms, and unheated areas such as enclosed porches. Nonconforming uses created by variance shall not be permitted to expand.
C. 
Nonconforming lots of record. In any district in which single-family houses are permitted, a single-family house and customary accessory buildings may be erected on any lot of record in existence at the effective date of this article. Consideration shall be given by the Zoning Hearing Board as to the desirability and feasibility of resubdividing the area when two or more nonconforming lots have contiguous frontage and are in single ownership.
D. 
Restoration.
(1) 
Any nonconforming structure that has been damaged or destroyed by fire, windstorm, lightning or by any other means to an extent of less than 75% of its market value for tax assessment purposes may be reconstructed to its original height, area and volume. Any structure damaged to an extent of 75% or greater of its market value for tax purposes shall not be repaired, reconstructed or used except in strict conformity with this chapter. Nothing in this section shall relate to nonconforming signs, which shall be replaced or designed in conformance with Article XXIV of this chapter.
(2) 
No rebuilding shall be undertaken as provided herein until plans for rebuilding have been presented and approved by the Zoning Officer and Building Inspector. Approval shall be for the same use or for a use of a more restricted classification.
(3) 
Restoration regulations shall not apply to single-family homes or active nonconforming agricultural buildings and active farms which may be restored by right. Where reasonably possible, the property shall be reconstructed to come into compliance with the dimensional requirements of this chapter.
E. 
Changes. A nonconforming use of a building or land may be changed to a use of an equal or more restricted classification.
F. 
Abandonment.
(1) 
If a nonconforming use of a building or land ceases for a period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
(2) 
Abandonment regulations shall not apply to agricultural or farming uses.
G. 
Zoning permits. In a case where a zoning permit has been issued prior to the effective date of this chapter and the proposed use of land and/or building does not conform with this chapter, said proposed use shall be regulated by the nonconforming use requirements of this chapter and shall be considered the same as a lawful nonconforming use if construction other than excavation and foundations is undertaken within a period of 30 calendar days after the issuance date of said zoning permit and construction thereof is complete within 12 calendar months from the issuance date of the zoning permit.
H. 
Nonconforming use of open land. All nonconforming signs, billboards, junk storage areas and similar nonconforming use of land, when discontinued for a period of 90 days or damaged to an extent of 60% or more of replacement costs, shall not be continued, repaired or constructed.
A. 
Purpose. The conditional use approval process is designed to allow the Township Board of Supervisors the opportunity to review certain development which, due to its scale or other physical impacts, requires a higher level of review to ensure its consistency with the Comprehensive Plan and ability to conform to all applicable requirements of this article, and where applicable, the Subdivision and Land Development Ordinance (Chapter 289).
B. 
In addition to the express standards and criteria stated in Article XV, Traditional Neighborhood Overlay and Article XXIX, Permitted Uses Authorized by Special Exception or as a Conditional Use, the Township Board of Supervisors should consider the following general provisions:
(1) 
Purpose. The intended purpose of the proposed use must be consistent with the Township's development objectives as established in the Comprehensive Plan.
(2) 
Compatibility. The proposed use shall be in the best interest of properties in the general area as well as the community at large. The proposed use shall be reviewed in relationship to and its effect upon surrounding land uses and existing environment conditions regarding the pollution of air, land and water; noise; potential of hazards and congestion; illumination and glare; restrictions to natural light and circulation.
(3) 
Suitability. The proposed use shall be suitable for the property in question and shall be designed, constructed, operated and maintained suitably for the anticipated activity and population served, numbers of participating population, frequency of use, adequacy of space and generation of traffic.
(4) 
Serviceability. Assurance shall be made as to the adequacy and availability of utility services and facilities such as sanitary and storm sewers, water, fire, police and other public facilities and the ability of the Township to supply such services.
(5) 
Accessibility. The proposed use shall provide adequate ingress or egress, interior circulation of both pedestrians and vehicles, off-street parking and accessibility to the existing or proposed Township street system.
(6) 
Conformity. The proposed use shall be in conformance with all applicable requirements of this article and, where applicable, in accordance with the Subdivision and Land Development Ordinance (Chapter 289).
(7) 
Other reasonable conditions. The Board of Supervisors may attach whatever reasonable conditions and safeguards, in addition to those expressed in this article, it deems necessary to ensure that any proposed development will be consistent with the purposes and intent of this chapter.
C. 
Procedure. Applications for conditional use approvals shall meet all requirements in the sections of this chapter which authorize such conditional use. The Township Board of Supervisors shall consider the conditional use application and render its decision in accordance with the requirements of the Municipalities Planning Code.
D. 
Consideration of conditional use application. When a conditional use is provided for in this chapter, The Township Board of Supervisors shall hear and decide requests for such conditional uses in accordance with stated standards and criteria in the section of this chapter that authorizes such conditional use. The Township Board of Supervisors may grant approval of a conditional use, provided that the applicant complies with the express standards and the following standards for all conditional uses. The burden of proof shall rest with the applicant.
(1) 
Compliance with this chapter. The applicant shall establish by credible evidence compliance with all standards and criteria for the conditional use enumerated in the section which gives the applicant the right to seek the conditional use. The applicant shall provide the Township Board of Supervisors with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations
(2) 
Compliance with other laws. The applicant shall establish by credible evidence compliance with all applicable Township, state and federal ordinances, statutes and regulations. The applicant shall provide the Township Board of Supervisors with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(3) 
Traffic and public services. The applicant shall establish by credible evidence that the proposed conditional use shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems, including but not limited to fire protection, utilities, parks and recreation.
(4) 
Site planning. The applicant shall establish by credible evidence that the proposed conditional use shall be in and of itself properly designed with regard to internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter and any other governing law or regulation.
(5) 
Neighborhood. The proposed special exception shall not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and the use of property adjacent to the area included in the special exception application shall be adequately safeguarded.
E. 
Conditions. The Township 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 district. 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 chapter.
F. 
Modifications. The Township Board of Supervisors may, by conditional use approval, permit the modification of the provisions of the chapter which authorize the granting of the conditional use for traditional neighborhood development, including but not limited to provisions relating to the percentage of types of dwelling units and the amount of commercial development, in order to encourage traditional neighborhood development. A landowner desiring to obtain such conditional use approval shall, when making an application for the conditional use as required by this section, also make application for conditional use approval under this section. The Township Board of Supervisors shall consider both conditional use approval requests simultaneously. However, the granting of a modification shall not have the effect of making null and void the intent and purpose of the section authorizing traditional neighborhood development. Any conditional use to permit a modification of the requirements governing traditional neighborhood development shall be subject to the following standards:
(1) 
The design and improvement of the development shall be in harmony with the purpose and intent of this chapter.
(2) 
The design and improvement of the development shall generally enhance the development plan or in any case not have an adverse impact on its physical, visual or spatial characteristics.
(3) 
The design and improvement of the development shall generally enhance the streetscape and neighborhood or in any case not have an adverse impact on the streetscape and neighborhood.
(4) 
The modification shall not result in configurations of lots or street systems which shall be impractical or detract from the appearance of the proposed development.
(5) 
The proposed modification shall not result in any danger to the public health, safety or welfare by making access to the dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air or by violating the other purposes for which zoning ordinances are to be enacted under Section 604 of the Municipalities Planning Code.
(6) 
Landscaping and other methods shall be used to ensure compliance with the design standards and guidelines of this chapter.
(7) 
The minimum lot size of any lot to be created shall not be reduced below the requirements of this chapter relating to cluster development or traditional neighborhood development, as applicable.
(8) 
The landowner shall demonstrate that the proposed modification will allow for equal or better results and represents the minimum modification necessary.
G. 
If the Township Board of Supervisors determines that the landowner has met his burden, it may grant a modification of the requirements of this chapter. In granting modifications, the Township Board of Supervisors may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter.