A.
Appointment. A Zoning Officer shall be appointed by
the Township Supervisors to administer and enforce this chapter. Compensation
of the Zoning Officer shall be established by the Supervisors. The
Zoning Officer shall not hold any elective office in the Township.
B.
Duties and powers. It shall be the duty of the Zoning
Officer to enforce the provisions of this chapter and the amendments
thereto and he shall have such duties and powers as are conferred
on him 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 zoning and/or building and
sign permits and issue zoning and/or building and sign permits as
set forth in this chapter.
(2)
Keep a record of all official business and activities,
including complaints of a violation of any of the provisions of this
chapter and of the subsequent action taken on 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.
In doing so, however, he shall first seek the permission of the landowner
or tenant, and in the event such permission cannot be voluntarily
obtained, he shall have the right to take such other legal means as
are authorized under the law.
(4)
Issue permits for buildings, structures and land uses
for which subdivision and land development approval is required only
after all necessary approvals have been secured and plans recorded.
(5)
Issue permits for uses requiring new or altered on-site
sewage disposal facilities only after any necessary permit has been
issued by the Township Sewage Enforcement Officer.
(6)
Issue permits for special exception uses or for variances
only after a special exception or variance has been approved by the
Zoning Hearing Board in accordance with the regulations of this chapter.
Issue permits for conditional uses only after a conditional use has
been approved by the Township Supervisors.
(7)
Issue permits for buildings requiring approval by
the Pennsylvania Department of Labor and Industry only after such
approval has been secured; issue permits for a use involving an access
point requiring Pennsylvania Department of Transportation approval
only after such approval has been secured.
(8)
Be responsible for keeping this chapter and the Official
Zoning Map up to date so as to include all amendments thereto.
(9)
Issue certificates of use and occupancy in accordance
with the terms of this chapter.
(10)
Register identified nonconforming structures
and uses created as a result of the adoption of this chapter and the
Official Zoning Map or created as a result of amendments thereto.
(11)
Submit a monthly report of his activities to
the Township Supervisors and Township Planning Commission.
(12)
Serve a notice of violation on any person, firm,
corporation, partnership or other entity responsible for violating
any of the provisions of this chapter or any amendment thereto or
in violation of a statement or plan approved under this chapter. Notice
of violation shall be in writing and served personally to or sent
by certified mail to the entity in violation of this chapter. The
notice shall indicate the nature of the violation and action necessary
to correct the same. If the notice of violation is not complied with
in the time period set forth in said notice, the Zoning Officer shall
order the discontinuance of such unlawful use of the structure, building,
sign and/or land involved in said violation.
A.
Requirements. No building or structure, except temporary
fences such as snow fences and fences around construction sites, shall
be erected, constructed, assembled, extended, reconstructed, replaced,
demolished, converted, moved, added or structurally altered nor shall
land, buildings and structures be put to any use or have their use
changed without a permit therefor issued by the Zoning Officer. No
such permit shall be issued unless there is conformity with the provisions
of this chapter, except upon written order from the Zoning Hearing
Board in the form of a variance or upon order from any court of competent
jurisdiction.
B.
Application procedures. The application for a zoning
and/or building permit shall be submitted to the Zoning Officer in
writing on a form prescribed by the Zoning Officer. The application
shall be submitted by the owner or lessee of any building, structure
or land 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 accomplished
by two sets of at least the following information:
(1)
A map of the lot in question, drawn to scale, indicating
the lot size and showing all dimensions of lot lines and the exact
locations on the lot of all existing and proposed buildings, fences,
signs, structures and alterations to buildings or structures.
(2)
The use, height, length, width and proportion of the
total lot area covered of all proposed and existing buildings, structures
and additions or alterations to buildings or structures.
(3)
A statement indicating the number of dwelling units
and/or commercial or industrial establishments to be accommodated
within existing and proposed buildings on the lot. In the case of
commercial and industrial uses and home occupations, the floor area
to be devoted to each use shall be indicated.
(4)
The location, dimensions and design of parking and
loading areas, including the size and arrangement of all spaces and
means of ingress, egress and interior circulation, recreation areas,
screens, buffer yards and landscaping, means of egress from and ingress
to the lot, routes for pedestrian and vehicular traffic and outdoor
lighting.
(5)
The location of all utility lines, the method of proposed
water supply and sewage disposal and the location of any on-lot facilities.
(6)
All other information necessary for the Zoning Officer
to determine conformance with and provide for enforcement of this
chapter.
C.
Approval or disapproval. Upon receipt of the application
and all accompanying information, the Zoning Officer shall examine
them to determine compliance with this chapter and all other Township
ordinances. Within 35 days from the day he receives the application,
the Zoning Officer shall either approve or disapprove the application
and return one copy of the application and accompanying information
containing the Zoning Officer's decision and signature to the applicant.
The other copy shall be retained by the Zoning Officer. If disapproved,
the Zoning Officer shall attach a statement to the application explaining
the reasons therefor, indicating the manner in which the application
could be corrected and/or modified to obtain approval and informing
the applicant of his rights to appeal.
D.
Issuance and posting of permit. Upon approval of the
application by the Zoning Officer and the payment of the fees established
from time to time by resolution of the Township Supervisors, the Zoning
Officer shall issue a permit which shall be visibly posted on the
site of operations during the entire time of construction. The permit
shall expire one year from the date of approval of the application
by the Zoning Officer, provided that it may be extended at the discretion
of the Zoning Office for six-month periods not exceeding a total of
one year. A zoning and/or building permit shall expire if the activity
which is authorized by the permit is not begun, in the opinion of
the Zoning Officer, within six months of issuance of the permit.
E.
Rights of permit holders. The permit shall be a license
to proceed with the work described on the approved application in
accordance with all Township ordinances. The Zoning Officer shall
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 on which the permit or approval was based or for any other
cause set forth in this chapter.
A.
Requirements. It shall be unlawful to use and/or occupy
any building, structure or land or portion thereof for which a zoning
and/or building permit is required until a certificate of use and
occupancy has been issued by the Zoning Officer. The Zoning Officer
shall not issue a certificate of use and occupancy unless he has inspected
such building, structure or land and has determined that all provisions
of this chapter and other rules, regulations and ordinances of the
Township have been complied with.
B.
Issuance. Upon the receipt of notification that the
work for which a zoning and/or building permit has been issued has
been completed, the Zoning Officer shall inspect the premises within
10 days to determine that the work has been performed in accordance
with the approved application and all ordinances of the Township.
If he is satisfied that the work has been completed in accordance
with the approved applications, he shall issue a certificate of use
and occupancy to the permit holder for the use indicated on the approved
application. A copy of the certificate of use and occupancy shall
be retained by the Zoning Officer as part of the Township records.
If he finds that the work has not been performed in accordance with
the approved application, the Zoning Officer shall refuse to issue
the certificate of use and occupancy and in writing give the reasons
therefor and inform the permit holder of his right of appeal.
C.
For uses for which performance standards are imposed
by this chapter, no certificate of use and occupancy shall become
permanent until 30 days after the use is in operation and only after,
upon reinspection by the Zoning Officer, it is determined that the
use is in compliance with all performance standards. After such reinspection,
the Zoning Officer shall notify the applicant that the use is in compliance
with the performance standards and that the certificate of use and
occupancy is permanent or that the use is not in compliance and that
the certificate of use and occupancy is permanent or that the use
is not in compliance and that the certificate of use and occupancy
will be revoked within 30 days of the notification if compliance with
all performance standards is not secured.
D.
Temporary certificate of use and occupancy. Upon request
of the holder of a zoning and/or building permit, the Zoning Officer
may issue a temporary certificate of use and occupancy for a building,
structure, sign and/or land or portion thereof before the entire work
covered by the permit shall have been completed. Such portions may
be used and/or occupied prior to full completion of the work, provided
that life and the public health, safety, morals and general welfare
of the residents and inhabitants of the Township are not endangered.
E.
The Zoning Officer may also issue a temporary certificate
of use and occupancy for such temporary uses as tents, trailers and
buildings on construction sites and for the use of land for religious
and other public or semipublic purposes or other temporary use and/or
occupancy upon order of the Township Supervisors. Such temporary certificate
shall be for the period of time to be determined by the Township Supervisors
at the time of application, but in no case shall any certificate,
except those for uses on construction sites, be issued for more than
six months.
The Township Supervisors shall establish, by
resolution, a schedule of fees and charges of requests for zoning
and/or building permits, certificates of use and occupancy, special
exceptions, variances, amendments to this chapter and other matters
pertaining to this chapter. A collection procedure shall also be established.
Until all application fees and charges have been paid in full, no
action shall be taken on any application or other matter.
[Amended 4-12-2000 by Ord. No. 186-2000]
B.
Submission of Impact Statement. With a request for
a zoning amendment initiated by other than the Board of Supervisors
or Township Planning Commission, a statement indicating the impact
of the zoning change on the Township shall be submitted with the application
for rezoning. The statement shall compare the impact on the Township
resulting from the existing zoning with the impact resulting from
the proposed zoning, specifically discussing:
(1)
Environmental Impact: the impact on wooded areas,
floodplains, wetlands or areas of high water table, stormwater runoff,
erosion and sedimentation, water quality, air quality, solid waste
generation and noise levels.
(2)
Traffic Impact: the impact on traffic generation per
day and at peak hours, including numbers and routes expected to be
used; an analysis of traffic capacities of adjacent roads and intersections
and roads and intersections to be significantly affected by the zoning
change.
(3)
Services Impact: the demand for school, police, sanitary
sewer, water, sanitation and road maintenance services.
(4)
Fiscal Impact Analysis: the costs and revenues to
the Township.
[Added 6-17-2003 by Ord. No. 204-2003]
The procedure for landowner curative amendments
shall be as set forth in Section 609.1 of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1.
[1]
Editor's Note: Original Section 1906, Publication,
advertisement and availability of ordinances, was intentionally omitted
by Ord. No. 186-2000, adopted 4-12-2000.
[Added 6-17-2003 by Ord. No. 204-2003]
The procedure for Township curative amendments
shall be as set forth in Section 609.2 of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10609.2.
A.
If it appears to the Township that a violation of
this chapter has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred, to any
person who has filed a written request to receive enforcement notices
regarding that parcel and to any other person requested in writing
by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person
against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to
appeal to the Zoning Hearing Board within a prescribed period of time
in accordance with procedures set forth in this chapter.
(6)
That failure to comply with the notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation, with possible sanctions clearly described.
D.
Notice to owner. An enforcement notice shall be issued
by the Zoning Officer and delivered to the owner of any property or
his agent. Delivery shall be construed to include certified mail or
posting on the property. A reasonable period of time as determined
by the Township Zoning Officer may be permitted to allow for the required
corrections.
E.
Any person who shall continue in violation of any
enforcement notice shall be in violation of this chapter and subject
to the penalties provided within this chapter.
In case any building, structure, landscaping
or land is or is proposed to be erected, constructed, reconstructed,
altered, converted, maintained or used in violation of this chapter,
the Township Supervisors or, with the approval of the Township 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 Township Supervisors of
the Township. No such action may be maintained until such notice has
been given.
A.
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 commenced by the Township, pay a judgment of not more than
$500, plus all court costs, including reasonable attorney fees incurred
by the Township as a result thereof. No judgment shall commence or
be imposed, levied or payable until the date of the 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 shall constitute a separate violation, 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 this chapter to have believed that there
was no such violation, in which event there shall be deemed to have
been only one such violation until the fifth day following the date
of the determination of a violation by the District Justice, and thereafter,
each day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the Township.
B.
The Court of Common Pleas, upon petition, may grant
an order to stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
C.
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.
Application. 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 in § 184-200 of this chapter and any other information necessary to allow the Township Supervisors to determine that all requirements of this chapter have been met.
B.
Review.
[Amended 4-12-2000 by Ord. No. 186-2000]
(1)
After receiving an application, the Supervisors shall
refer one copy of the application to the Township Planning Commission
for its review and one copy to the Township Zoning Officer for his
review. The application shall be reviewed at one or more advertised
meetings of the Township Supervisors.
(2)
The Township Supervisors shall render a written decision
or, when no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the Supervisors.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefor. Conclusions based on any provisions of
this chapter 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.
C.
Standards.
[Amended 4-12-2000 by Ord. No. 186-2000]
(1)
Conditional uses shall meet the specific standard
established for each use by this chapter and all other applicable
zoning district requirements and general regulations[2] established by this chapter. In addition, the following
standards shall be met:
(a)
The use shall be one which is specifically authorized
as a conditional use in the zoning district wherein the applicant
is seeking a conditional use.
(b)
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.
(c)
Services and utilities such as public water,
sanitary sewers and stormwater drainage shall be made available by
the applicant to adequately service the proposed use.
(d)
There shall be control of development of highway
frontage so as to limit the number of points for ingress and egress,
consider their location with due regard to safety factors, and encourage,
where practicable, frontage of buildings and structures upon parallel
marginal roads or on roads perpendicular to the highway.
(e)
The natural features and processes characterizing
the site and its surroundings will not suffer unmitigated degradation.
(f)
The use is appropriate to the site in question.
(g)
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,
nor the reasonable use of neighboring properties. The use of adjacent
properties shall be adequately safeguarded.
[2]
Editor's Note: See Art. XVIII.
(2)
The applicant shall demonstrate, as a condition to
approval of his application, that these standards and those specified
elsewhere in this chapter for the use in question will be met.
(3)
The Board of Supervisors may attach such additional
reasonable conditions and safeguards as it deems necessary to implement
the purpose of this Zoning Ordinance and the Pennsylvania Municipalities
Planning Code, as amended,[3] which conditions may include but are not limited to harmonious
design of buildings, planting and maintenance of shrubbery or trees
as a sight and/or sound barrier, hours of operation, lighting, number
of employees and the minimizing of potentially noxious, offensive
or hazardous elements.
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
All appeals from decisions of the Zoning Officer
shall be conducted in the manner set forth in the Pennsylvania Municipalities
Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
Sign permits shall be required in accordance with Article XVII, Signs.
A.
Scope. A certificate of intention shall be required
in all instances where a nonconforming use is discontinued if the
owner or operator of such uses desires to maintain such a nonconforming
use.
B.
Procedure. The Zoning Officer shall maintain proper
forms for the registrations of any certificate of intention. It shall
be incumbent upon the owner or applicant to file such a form with
the Zoning Officer.
C.
Notification. The proper adoption of this chapter
shall be considered effective notice to all owners or operators of
nonconforming uses of the requirements for registration for the discontinuance
of all nonconforming uses.
D.
Filing. The Zoning Officer shall maintain a separate
file for all certificates of intention.
