Except where expressly exempted, the following procedures for the administration and enforcement of the requirements of this chapter shall apply uniformly throughout Leacock Township.
A. 
Requirement. A zoning permit shall be obtained from the Zoning Officer for any erection, construction, alteration, extension, replacement, relocation or conversion of any building, structure or land, or a change of tenant(s) in a commercial or industrial building. Permits shall not be required for repairs that do not change the use, alter the exterior dimensions of the building or structure, or otherwise violate the provisions of this chapter, other regulations of the Township or county, applicable building codes, or state regulations and statutes.
B. 
Application for zoning permit. The application for a zoning permit shall be submitted on a form supplied by the Zoning Officer. An applicant shall be the owner or lessee of the property, building or structure. Applicants other than the owner or lessee shall certify in writing that they are authorized to file the application. The full name and address of the applicant and the landowner, if different, shall be stated on the application.
C. 
Description of the work. The application shall contain a description of the proposed work and/or use and occupancy of the building, structure and/or land and any other information required by the Zoning Officer to determine compliance with this chapter and other applicable Township and county ordinances, statutes and regulations. The application shall be accompanied by plans, in duplicate, drawn to scale, showing the actual dimensions and shape of the lot; the size and location and dimensions of the proposed use, building or alteration; distance from existing lot lines and street right-of-way lines; parking areas, and other pertinent information. The application shall be accompanied by all required fees as established by the Board of Supervisors by resolution.
D. 
Approval or disapproval of application. Upon receipt of the application, the Zoning Officer shall examine the application and supporting information to determine compliance with this chapter and other applicable Township, county and commonwealth ordinances, statutes and regulations. The Zoning Officer shall determine if subdivision and/or land development approval has been obtained, if state sanitation inspection requirements have been met, and in the case of public buildings, the required permits have been issued by the Department of Labor and Industry. No zoning permit shall be issued unless the applicant presents the Zoning Officer with proof that any applicable subdivision and/or land development approval has been granted; a sewage permit has been issued by the Township Sewage Enforcement Officer for the lot; a driveway permit under the Leacock Township Street Ordinance or a highway occupancy permit issued by the Department of Transportation of the Commonwealth of Pennsylvania has been issued in order that access may be gained to the lot; a certificate of use and occupancy as required by this chapter has been issued, if applicable; and all other required Township approvals and permits have been granted or issued. The Zoning Officer shall mark the application as either approved or disapproved and shall return one copy of the application to the applicant. The other copy shall be retained by the Zoning Officer. The Zoning Officer shall attach a statement to the application explaining the reasons for such disapproval and informing the applicant of his right to appeal to the Zoning Hearing Board.
E. 
Issuance and posting of permits. Upon approval of the application by the Zoning Officer, the Zoning Officer shall issue a zoning permit placard, which shall be visibly posted on the site of operations during the entire time of construction. The zoning permit shall expire one year from the date of issuance, provided that it may be extended at the discretion of the Zoning Officer for six-month periods, not to exceed a total of one year.
F. 
Rights of permit holders. The zoning permit shall be a license to proceed with work described on the approved application. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of fact in the application on which the permit or approval was based, or if the permit was issued in error, or if work is not undertaken in accordance with the permit, or for any other proper cause. Permit holders shall proceed with work at their own risk and subject to the rights of aggrieved parties to appeal the issuance of the zoning permit as authorized by the MPC.
G. 
The regulations of the Pennsylvania Uniform Construction Code shall govern the requirements for and processing of building permits in the Township where applicable.
H. 
Temporary permits. The Zoning Officer may issue a temporary certificate of use and occupancy for such temporary uses as tents, trailers and buildings on construction sites, use of land for religious and other public and semipublic purposes, or other temporary use and/or occupancy. In no case shall any certificates be issued for a time period of more than six months.
A. 
Certificate required. It shall be unlawful to use and/or occupy any structure, building or land or portion thereof for which a zoning 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 said structure, building or land and has ascertained compliance with all provisions of this chapter and all other applicable Township ordinances, statutes and regulations.
B. 
Issuance. Upon the receipt of written notification that the work for which a zoning permit has been issued has been completed, the Zoning Officer shall inspect the premises within 15 days to determine that the work has been performed in accordance with the approved application and other applicable Township ordinances, statutes and regulations. If he is satisfied that the work has been completed in accordance with the approved application and applicable ordinances, statutes and regulations, 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 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 rights of appeal to the Zoning Hearing Board.
C. 
Temporary certificate of use and occupancy. Upon written request of a holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a structure, building, sign and/or land or portion thereof before the entire work covered by the zoning permit shall have been completed. Such portion or portions may be used and/or occupied prior to full completion of the work, provided that public health, safety or welfare is not endangered. The Zoning Officer shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, trailers and buildings on construction sites, use of lands for public or semipublic purposes, or other temporary use and/or occupancy upon order of the Zoning Hearing Board. Such temporary certificates of use and occupancy shall be for the period of time to be determined by the Zoning Hearing Board, but in no case shall any temporary certificate of use and occupancy be issued for more than six months. The applicant shall completely remove the structure or use authorized by the temporary certificate of use and occupancy upon expiration of the permit without cost to the Township.
A. 
Intent. The Board of Township Supervisors may from time to time, after public notice and hearing 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 Township Supervisors or by a petition to the Board of Township Supervisors. Such amendment, supplement, change or repeal shall be submitted to the Township Planning Commission for its recommendations and shall be specifically found by the Board of Township Supervisors to be in accordance with the spirit and intent of the formally adopted portions of the Comprehensive Plan before final action shall be taken by the Board of Supervisors.
B. 
Amendments initiated by the Planning Commission. When an amendment, supplement, change or repeal is initiated by the Township Planning Commission, the proposal shall be presented to the Board of Township Supervisors, which shall then proceed in the same manner as with a petition to the Board of Township Supervisors which has already been reviewed by the Township Planning Commission.
C. 
Amendments initiated by petition. The petition for amendment, supplement, change or repeal shall contain as fully as possible all the information requested by the Zoning Officer and shall be signed by at least one record owner of the property in question, whose signature shall be notarized, attesting to the truth and correctness of all the facts and information presented in the petition. A fee to be established by the Board of Township Supervisors shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the preceding prescribed herein. After receipt of the petition by the Board of Township Supervisors, said petition shall be presented to the Township Planning Commission for review and recommendations at least 30 days prior to the public hearing. A report of said review, together with any recommendations, shall be given to the Board of Township Supervisors in writing 30 days from the date of said referral. If the Township Planning Commission shall fail to file such a report within the time and manner specified, it shall be conclusively presumed that the Planning Commission has approved the proposed amendment, supplement, change or repeal.
All proposals for amendment, supplement, change, modification or repeal shall conform to the requirements of the MPC.
A. 
Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice and pursuant to mailed notice and electronic notice, if applicable per 53 P.S. § 10109. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition to the requirement that notice be posted under Subsection A above, 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.
C. 
In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Township Planning Commission an opportunity to submit recommendations.
D. 
If after any public hearing held upon an amendment the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice and mailed notice and electronic notice, if applicable, before proceeding to vote on the amendment.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
At least 30 days prior to the public hearing on the amendment by the Board of Supervisors, the Township shall also submit the proposed amendment to the Lancaster County Planning Commission for recommendations.
F. 
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Lancaster County Planning Commission.
A. 
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the provisions of the MPC.
B. 
Unless otherwise specified by the Board or by law, a special exception approval shall expire if the applicant fails to obtain a zoning permit within one year from the date of authorization thereof by the Board or by the court, if such special exception approval has been granted after an appeal. The Board, upon written application and for reasonable cause shown, may extend the approval for an additional period of up to one year.
C. 
Fees. The Board of Supervisors may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
Any party aggrieved by any decision of the Zoning Board may appeal to the Court of Common Pleas of Lancaster County in the manner provided by the laws of the Commonwealth of Pennsylvania and the MPC.
A. 
Violations. The construction, alteration, maintenance or use of any structure, building, sign, land or landscaping or the change of use, area of use, percentage of use or displacement of the use of any structure, building, sign, land or landscaping without first obtaining a zoning permit; or the use of any building, structure, sign or land without receipt of a certificate of use and occupancy; or the use or maintenance of a building, structure, sign or land for a use or in a manner which is not in accordance with the provisions of this chapter; or the use of property for a use different from that set forth in any zoning permit or certificate of use and occupancy which has been granted for the property without applying for and being granted a zoning permit and certificate of use and occupancy for such new or different use; or the failure to comply with any other provision of this chapter; or the excavation or grading of a property or the construction of any building or structure thereon for which a certificate of use and occupancy is required without having obtained such certificate of use and occupancy or, if such certificate has been obtained, in a manner not in accordance with the plans and specifications approved as a part of the certificate of use and occupancy; or the violation of any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or a conditional use by the Board of Supervisors or by a court of competent jurisdiction, if a special exception, variance or conditional use is granted by such court, are hereby declared to be violations of this chapter.
B. 
Enforcement notice. If it appears to the Zoning Officer that a violation of this chapter shall exist, the Zoning Officer, after approval of the proposed action by the Board of Supervisors, shall send an enforcement notice (also known as a "notice of violation and cease and desist order") to the owner of record of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, to any other person requested in writing by the owner of record, and to any person against whom the Township may bring an enforcement action. The enforcement notice shall contain the name of the owner of record and any other persons against whom the Township may take action, the location of the property in violation, the specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter, the date before which steps for compliance must be commenced and that date before which the steps must be completed; that the recipient of the enforcement notice has the right to appeal to the Zoning Hearing Board within 30 days; and that a failure to comply with the notice within the time specified, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation with sanctions as provided in this chapter.
C. 
Enforcement action. If the enforcement notice is not complied with promptly, the Zoning Officer shall notify the Board of Supervisors. The Board of Supervisors may request the Township Solicitor to institute 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, landscaping or land in violation of the provisions of this chapter or the order or direction made pursuant thereto. The Board of Supervisors may also direct the Zoning Officer or Township Solicitor to institute a civil enforcement proceeding before a Magisterial District Judge.
D. 
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 commenced by the Township, pay a judgment of not more than $500 plus all court costs, including the reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules or civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating 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 Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township for the general use of the Township.
E. 
Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure, sign or land is used; or any hedge, shrub, tree or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy or certificates of use issued under this chapter, or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use by the Board of Supervisors, then in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.