The purpose of this article is to set forth the membership and
function of the various boards and agencies which serve the Township.
A.
Creation and membership. The Board of Supervisors (Board) is elected
by popular vote in accordance with the provisions established for
Second Class Townships in the Commonwealth of Pennsylvania.
B.
Organization. The Board consists of a chairperson, a vice chairperson,
a secretary and a treasurer.
C.
Function. Generally, it is the role of the Board to administer the
affairs of the Township, including the responsibility for adopting,
enacting and enforcing the provisions of this chapter, as may be amended.
For the purpose of land use regulation under this chapter, the function
of the Board is to hear and either grant or deny applications for
conditional uses.
D.
Jurisdiction. The Board of Supervisors shall have exclusive jurisdiction
to hear and render final adjudications as delineated in the MPC.
The Board of Supervisors of Leacock Township shall hear and
decide petitions for conditional uses specifically authorized in this
chapter. Decisions to grant or deny the petition shall be subject
to the following:
B.
Conditional use application. A conditional use application must include all the plan requirements listed in § 310-160 of this chapter.
C.
Conditions. The Board of Supervisors, in approving conditional use
applications, may attach reasonable 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 zoning 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.
D.
Unless otherwise specified by the Board of Supervisors or by law,
a conditional use approval shall expire if the applicant fails to
obtain a zoning permit within one year from the date of authorization
thereof by the Board of Supervisors or by the court, if such conditional
use approval has been granted after an appeal. The Board of Supervisors,
upon written application and for reasonable cause shown, may extend
the approval for an additional period of up to one year.
E.
Hearing procedures. Before voting on the approval of a conditional
use, the Board of Supervisors shall hold a public hearing thereon,
pursuant to public notice. The Board of Supervisors shall submit each
such application to the Township Planning Commission at least 30 days
prior to the hearing on such application to provide the Planning Commission
an opportunity to submit recommendations. If after any public hearing
held upon an application the proposed application is substantially
revised, the Board of Supervisors shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the application.
A.
Creation and membership. There is hereby created a Zoning Hearing Board, which shall consist of three residents of the Township who shall be appointed by resolution of the Board of Supervisors. Zoning Hearing Board members shall be residents of the Township and shall serve for three-year terms, which shall be so fixed that the term of office of no more than one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which shall occur, and appointments to fill such vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Township. Any member of the Zoning Hearing Board may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors taken after the member has received 15 days' advance notice of the intent of the Board of Supervisors to take such a vote. A hearing shall be held in connection with the vote if the member shall request such hearing in writing. The Board of Supervisors may, in its discretion, appoint by resolution between one and three alternate members to the Zoning Hearing Board. Such alternate members shall have the right to participate in all hearings of the Zoning Hearing Board but shall be entitled to vote only as provided in Article IX of the MPC.[1] Whenever the term "Board" is used in this section, it
shall mean the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B.
Organization of the Zoning Hearing Board. The Zoning Hearing Board shall elect from its 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 two members. If the Board of Supervisors has appointed alternate members to the Zoning Hearing Board, the Chairman of the Zoning Hearing Board may designate alternate members to participate and vote upon designated applications in accordance with the regulations contained in Article IX of the MPC. The Board may also appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in the MPC. The Board may make, alter and rescind rules and forms for its procedure, consistent with the ordinances of the Township and the laws of the commonwealth. The Zoning Hearing Board shall keep full public records of its business, which records shall be property of the Township, and shall submit a report of its activities to the Board of Supervisors as requested by the Board of Supervisors.
C.
Zoning Hearing Board functions. The Zoning Hearing Board shall have
exclusive jurisdiction to hear and render final adjudications as delineated
in the MPC.
A.
Zoning Officer. The provisions of this chapter shall be administered
and enforced by an agent, to be appointed by and serve at the pleasure
of the Board of Supervisors, who shall be known as the Zoning Officer.
The Zoning Officer shall not hold any elective office in the Township.
The Zoning Officer shall administer this chapter in accordance with
its literal terms and shall not have the power to permit any construction
or use which does not conform to this chapter and all other applicable
Township and county ordinances and applicable statutes and regulations.
The Zoning Officer may be provided with assistance of such persons
as the Board of Supervisors may direct, and the compensation of the
Zoning Officer shall be determined by the Board of Supervisors.
B.
Duties and responsibilities of the Zoning Officer. The Zoning Officer
shall have all of the duties and powers conferred upon him by this
chapter and the MPC. The duties of the Zoning Officer shall include
but not be limited to:
(1)
Applications and permits. The Zoning Officer shall receive,
examine and process all applications for zoning permits and/or certificates
of use and occupancy for the erection, construction, alteration, repair,
extension, replacement, relocation, conversion, use, change of use,
and/or occupancy of land, buildings, structures, signs and/or landscaping
in the Township. The Zoning Officer shall record and file all applications
for permits and accompanying plans and documents and keep them for
public record.
(2)
Inspection. The Zoning Officer may, and if requested by the
Board of Supervisors or the permit holder shall, make at least one
inspection during the progress of the work for which a zoning permit
has been issued. Upon completion of the work and before issuance of
a certificate of use and occupancy, he shall make a final inspection
of the property to assure compliance with all provisions of this chapter
and all other applicable Township and county ordinances and applicable
statutes and regulations.
(3)
Nonconforming uses, buildings and lots. The Zoning Officer may
inspect nonconforming uses, building and lots and keep a record of
such nonconforming uses, buildings and lots as a public record.
(4)
Official records. It shall be the duty of the Zoning Officer
to maintain and be responsible for all pertinent records on zoning
matters in the Township. These records shall include, but not be limited
to, all applications received, copies of all permits and certificates
issued, copies of orders and findings of the Zoning Hearing Board,
written complaints of alleged violations, records of all inspections
made, a current copy of the Zoning Ordinance and all amending ordinances,
a copy of the current Zoning Map, and all other pertinent information.
The records of the Zoning Officer shall be available for the use of
the Township government and inspection by any interested party during
normal office hours. The Zoning Officer shall submit to the Board
of Supervisors a written report of all zoning permits and certificates
of use and occupancy issued and all notices of violations and stop-work
orders issued or recommended, as requested by the Board of Supervisors.
(5)
Presentation of evidence and testimony. Upon the request of
the Board of Supervisors or the Zoning Hearing Board, the Zoning Officer
shall present to such bodies facts, records and any similar information
on specific requests to assist such bodies in reaching their decisions.
(6)
Complaints regarding violations. The Zoning Officer may, and
when in receipt of a signed written complaint stating fully the cause
and basis thereof shall, investigate alleged violations of this chapter.
If a signed written complaint is received, said investigation shall
be completed within 15 days of receipt of said complaint. A written
report of all investigations of alleged violations of this chapter
shall be prepared and properly filed, and a copy shall be sent to
the Board of Supervisors. If after investigation the Zoning Officer
determines that a violation has occurred, he shall take action as
provided by this chapter.
(7)
Enforcement. The Zoning Officer shall enforce the provisions
of this chapter.
