Township of Mount Joy, PA Administration

Actions requiring a zoning permit. A zoning permit shall be required for any use permitted by right prior to:

A new or change in use of land or structure;

The erection or construction, expansion or relocation of a structure excluding ordinary repair and maintenance (e.g., roof repair);

The improvement or alteration of any existing structure where such improvement or portion thereof increases the amount of space which the structure encloses;

The alteration or development of any improved or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation, or drilling operations, but not including the tilling of soil associated with agriculture;

The erection or alteration of any signs specified in Article VIII as requiring a zoning permit;

For uses other than a single-family dwelling:

The installation of a new outdoor lighting system, including the alteration, rehabilitation, or renovation to an existing outdoor lighting installation which involves the complete replacement of an existing lighting system with a new lighting system; and

The replacement of an outdoor light fixture that increases the intensity of the fixture that existed on the effective date of this chapter.

Issuance/rejection of application for a zoning permit. Upon receipt of an application for a zoning permit, the Zoning Officer shall examine the permit application within a reasonable time after filing. The Zoning Officer may request review and comment from the Planning Commission, the Township Engineer, the Township Sewage Enforcement Officer, the Township UCC Inspector and the Township Solicitor. If the application fails to comply with the provisions of this chapter and all pertinent local laws and/or any conditions of approval attached to the grant of variance or any applicable subdivision and/or land development approval, the Zoning Officer shall deny such application in writing, stating the reasons therefore. Should the Zoning Officer deny the application, he/she shall inform the applicant of his/her right to appeal to the Zoning Hearing Board. If satisfied that the proposed work and/or use conforms to the provisions of the chapter, and all local laws and ordinances applicable thereto and/or any conditions of approval attached to the grant of a variance or any applicable subdivision and/or land development approval, the Zoning Officer shall issue a permit therefore as soon as practical, but not later than 60 days from receipt of a complete application.

(3)

Expiration of permit. The permit shall expire 12 months from the date of issuance; provided, however, that the same may be extended by the Zoning Officer every six months for a period not to exceed an additional year upon the written request by the applicant which demonstrates good cause for the extension.

[Amended 9-3-2020 by Ord. No. 2020-05]

(4)

Compliance with application and site plan. After issuance of the zoning permit, all work or uses shall conform to the approved application and site plan for which the zoning permit has been issued. The Zoning Officer may accept adjustments in plans and applications that involve only minor corrections and/or adjustments that do not substantively deviate from the approved application. No other change may be made without application to and approval of the Zoning Hearing Board in the case of variance or special exception or the Board of Supervisors in the case of a conditional use.

Application for a zoning permit.

An application for zoning permit shall be made on a form adopted by the Township for such purpose; shall contain a general description of the proposed work, development, use or occupancy of all parts of the structure or land; and shall be accompanied by a plot plan in duplicate, drawn to scale, and showing the following as may be applicable to the requested permit:

The actual dimensions and shape of the lot to be built upon;

The exact size and location on the lot of buildings, structures, fences, signs, and areas of land use, existing and/or proposed extensions thereto;

The number of dwelling units or other units of occupancy (e.g., commercial, industrial, institutional, agricultural, accessory uses, etc.) if any, to be provided;

The location and proposed surfacing of driveways and access drives and copies of any highway occupancy permits as required by local, county and/or state agencies;

The height of all structures, buildings, and/or signs;

Setbacks and the distances of buildings and structures from lot lines and street right-of-way lines;

Off-street parking and loading areas and access thereto, including grades and proposed surfacing;

Outdoor areas devoted to storage of goods, materials and/or wastes;

(i)

Utility systems affected and proposed, including primary and backup on-lot and/or public sewage disposal and water supply systems, including any required permits;

(j)

Alteration or development of any improved or unimproved real estate;

(k)

Lot coverage;

(l)

Site lighting, including lighting of signs;

(m)

Floor area devoted to each proposed use and unit of occupancy for both principal and accessory uses;

(n)

Recreation areas;

(o)

Screens, buffer areas, landscaping, erosion control filter strips and riparian buffers;

(p)

Means of pedestrian access;

(q)

Means and location of solid waste management;

(r)

Written approvals for needed conservation plans, nutrient management plans and/or erosion and sediment pollution control plans;

(s)

Information relating to any zoning approvals (including conditions of approval) obtained from the Zoning Hearing Board or the Township Board of Supervisors;

(t)

Information relating to any land development or subdivision plan approvals (including conditions of approval);

(u)

Proof of approval from the Pennsylvania Department of Labor and Industry, when required by such agency;

(v)

Copies of any applicable subdivision/land development plan;

(w)

Workers' compensation certificates;

(x)

Information relating to compliance with Chapter 81, Stormwater Management, Mount Joy Township; and

(y)

All other information necessary for the Zoning Officer to determine conformance with and provide for enforcement of this chapter.

Zoning permit for temporary uses and structures. A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following, but only upon submission of a zoning permit application accompanied by a narrative and plan describing in detail the proposed use and depicting the location of the use, including proposed signs and structures, on the lot.

A zoning permit may be issued for customary, routine and accessory short-term occasional noncommercial events, provided that:

Only a well-established nonprofit organization or a permitted educational institution or place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;

Events shall be limited to a maximum of eight total days per calendar year;

An individual event shall be limited to a maximum of two days; and

The applicant shall prove to the Zoning Officer that sufficient parking, traffic control (without obstructing parking that is required to serve other uses on the site), water supply, and sewage management will be available for the special event.

The application includes the following:

The name and address of the person(s) involved in sponsoring and producing the event;

The owner(s) of the lot on which the event is to be held;

[3]

Identification of the lot on which the use is proposed;

[4]

A narrative describing all of the activities proposed to occur as part of the event and the anticipated number of attendees or participants;

[5]

A site plan showing the lot, structures on the lot; adjacent streets; adjacent lots and their owner(s) and uses; arrangement of structures for the event; solid waste collection facilities; and event parking and lot access;

[6]

A statement describing solid waste collection and removal; sewage management; water supply; emergency services (fire and medical); crowd control, safety and security. The statement shall identify the services providers and include proof that the providers will be able to provide the services. Where the lot proposed for the use is served by an on-lot septic system, a written determination from the Township Sewage Enforcement Officer that the on-lot system is adequately sized and designed to handle the proposed sewage treatment load is required to be submitted with the application for the zoning permit;

[7]

Proof of general liability insurance naming the Township as a covered insured in an amount no less than $1,000,000 for an event of 250 or fewer attendees; for each additional 100 persons, the amount of liability insurance shall be increased by $100,000;

[8]

A statement of assumption of liability, in a form and content approved by the Township Solicitor, obligating the applicant to pay for any and all damages caused to third persons or property resulting from the event to the extent the loss is not covered by the general liability insurance. The Township may require a performance guarantee assuring that the applicant has sufficient assets to pay for such damages; and

[9]

Proof of notice of the event, by date and description, delivered to owners of adjacent lots.

The required application fee shall be submitted with the application.

An event permit may be denied if it poses a threat to the safety, health and welfare of the participants or the general public.

The Zoning Officer's decision on the application shall be reported to the Board of Supervisors at its next scheduled meeting following the issuance of the decision.

Temporary retail sales. Except as provided for in Subsection E(1)(a) above, and except for accessory agricultural product sales, a lot shall only be used for temporary retail sales if all of the following conditions are met:

The lot is located within a zoning district that permits retail uses and is presently in lawful retail use.

No off-street parking spaces required to serve permanent use(s) on the lot shall be obstructed.

Any signs advertising the temporary retail sales that are visible from a public street shall comply with this chapter.

Any structure for the temporary retail use shall meet applicable minimum setbacks for the zoning district.

A zoning permit has been issued for the temporary retail use and is prominently displayed while the use is open for business.

[Amended 9-3-2020 by Ord. No. 2020-05]

The application may be rejected if the Zoning Officer has reason to believe that the activity would obstruct safe sight distances.

Applicable state highway occupancy permit requirements shall be met.

(3)

Pop-up other than temporary retail use. Except as provided for in Subsection C(2)(e) above, a lot shall only be used for a pop-up use (for example, a pop-up use selling food, beverages) if all of the following conditions are met:

The lot is located within a zoning district that permits the use and is presently in lawful commercial use.

No off-street parking spaces required to serve the permanent use(s) on the lot shall be obstructed.

Any signs advertising the pop-up visible from a public street shall comply with this chapter.

Any structure for the pop-up shall meet applicable minimum setbacks for the zoning district.

The application may be rejected if the Zoning Officer has reason to believe that the activity would obstruct safe sight distances.

Applicable state highway occupancy permit requirements shall be met.

If food or beverages are sold that are not prepackaged, the applicant shall prove compliance with state health regulations, including having on-site facilities for workers to wash their hands. Proper bathroom facilities shall also be available for workers.

§ 110-1403 Certificate of zoning compliance.

It shall be unlawful to use and/or occupy any structure, building, sign, land or portion thereof without first complying with the applicable requirements of the chapter, including, where required, making application for and receiving approval of a variance, conditional use or special exception and complying with any conditions attached to such approval.

Upon written request for a certificate of zoning compliance, a certificate shall be issued by the Zoning Officer. The Zoning Officer shall not issue such certificate unless he/she has inspected said structure, building, sign, or land and has determined that all provisions of the chapter have been satisfied, that the applicant has complied with any conditions attached to the approval of a variance, conditional use or special exception, and that the applicant has received a certificate of use and occupancy under the Uniform Construction Code, a stormwater management permit under Chapter 81 of the Township Code, a well permit under Chapter 107 of the Township Code, and approval of the septic system under Chapter 68 of the Township Code, and any other required approval or permit under any other chapter of the Township Code, as applicable.

§ 110-1404 Violations.

Failure to secure a zoning permit prior to establishing a new use or a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, shall be a violation of this chapter.

Enforcement notice. If the Zoning Officer has reason to believe that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice, as provided by Section 616 of the Pennsylvania Municipalities Planning Code.[1] At his/her election, the Zoning Officer may provide notice of the violation and applicable requirements of this chapter to the lot owner and/or occupant or operator.

The enforcement notice shall be sent to the owner of record of the lot on which the violation has occurred. A copy of the enforcement notice shall be provided:

To any person who has filed a written request to receive enforcement notices regarding that parcel;

To any other person requested, in writing, by the owner of record; and

The person known or believed to have violated the Ordinance, if other than the owner of record.

An enforcement notice shall state at least the following:

The name of the owner of record and any other person against whom the Township intends to take action.

The location of the lot in violation.

The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of this chapter.

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

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 under § 110-1301 of this chapter.

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.

Editor's Note: See 53 P.S. § 10616.1.

Enforcement 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 $100 for the first violation, $250 for the second violation and $500 for the third and any subsequent violations, plus all court costs, including reasonable attorney fees and any administrative enforcement expenses (allowed to be recovered by law) 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 Justice. If the defendant neither pays, nor timely appeals the judgment, the Township may enforce the judgment. Each day that a violation continues shall constitute a separate violation, unless the Magisterial 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 Magisterial District Justice, 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 the chapter shall be paid over to the Township.

Remedies in law and equity. In case any structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter without a zoning permit or in a manner that does not comply with a zoning permit or condition attached to grant of a variance or approval of a conditional use or special exception, the governing body or, with the approval of the governing body, an officer of the municipality, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such structure or use of land constituting a violation.

§ 110-1405 Fees.

The Township Board of Supervisors shall establish by resolution a schedule of fees, charges, and expenses and collection procedures for applications for zoning permits, certificates of zoning compliance, conditional uses, special exceptions, variances, appeals, amendments, and other matters pertaining to this chapter.

The schedule of fees shall be available for inspection in the office of the Zoning Officer and may be altered or amended by resolution of the Township Board of Supervisors.

Until all application fees, charges, and expenses have been paid in full, the application or appeal shall not be considered complete. Therefore, no proceedings related to any such application or appeal shall be initiated, no established time elements shall begin to accrue, and no action shall be taken on any such application or appeal.

§ 110-1406 Information submission requirements.

Submission constitutes a public record.

By making a submission under this chapter, the applicant acknowledges and agrees that all documents and other information submitted to the Township pursuant to this chapter (including any document bearing a copyright that was particularly prepared and submitted to meet information or substantive requirements for the application) constitute public records within the meaning of the Pennsylvania Right to Know Law, Act 3 of 2008,[1] as amended, and are subject to review and reproduction upon request made in accordance with that Law.

Editor's Note: See 65 P.S. § 67.101 et seq.

The applicant's acknowledgment and agreement extends to documents prepared by a third party and is understood to have been given following notice to the third party.

Applications.

Submittal. All applications for a zoning permit or a decision by the Zoning Hearing Board shall be made, in writing, on a form provided by the Township. Such completed application, with required fees, shall be submitted to the Zoning Officer. An application shall be deemed complete when a completed application form with any required supplemental information, plus application fees, has been submitted to the Zoning Officer.

Site plan. Except as otherwise provided, the applicant shall submit a minimum of three copies of a site plan with the application if the application involves a new building, expansion of a building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:

Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features;

Notes showing the dimensions of all buildings from lot lines and street rights-of-way;

Locations of any watercourses and any one-hundred-year floodplain;

Proposed lot areas, lot widths and other applicable dimensional requirements;

Locations and widths of existing and proposed sidewalks;

A North arrow and scale; and

Well and primary and alternate septic system locations, if applicable.

(3)

Additional information. Any application under this chapter shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:

The address of the lot;

The name and address of the applicant, and of the owner of the lot if different from the applicant;

If the applicant is not the landowner of record, information shall be presented with the application, such as an agreement of sale or lease, to demonstrate that the applicant has the legal right to make the application;

A current deed for the lot;

A description of the existing and proposed use(s) of the lot, with the proposed use described in sufficient detail for the Zoning Officer to determine compliance with this chapter;

All other applicable information listed on the official Township application form;

If the applicant is incorporated, the legal names and day telephone numbers of officers of the organization/corporation;

Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter; and

(i)

A listing of all conditional use, special exception and/or variance approvals which the applicant is requesting and/or a description with a date of any such approval that was previously granted for the lot that relate to this application.

(4)

Submittals to the Board. In addition to the information listed above, an application requiring a site plan and action by the Zoning Hearing Board or Board of Supervisors shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:

The present zoning district and major applicable lot requirements;

For a nonresidential use:

A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards;

A list of the maximum hours of operation.

The existing directions of stormwater flow (and any proposed revisions), and any proposed methods of stormwater management;

A listing of any sections of this chapter being appealed, with the reasons for any appeal;

Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract, and a description of uses of adjacent lots (such as "drugstore" or "single-family detached dwelling");

Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting;

Name and address of person who prepared the site plan;

Signed acknowledgment of the application by the applicant; and

(i)

Such additional information required under applicable sections of this chapter.

(5)

Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application (see definition of "landowner" in Article I).

Issuance of permits.

At least one copy of each permit application and any other zoning approval shall be retained in Township files.

PennDOT permit. Where necessary for access onto a state road, a Township zoning permit shall be automatically conditioned upon issuance of a PennDOT highway occupancy permit.

Revocation of permits; appeal of permit or approval.

Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of the chapter in case of one or more of the following:

Any false statement or misrepresentation of face in the application or on the plans on which the permit or approval was based (Note: The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties);

Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance;

Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved zoning permit; and/or

For any other just cause set forth in this chapter.

Appeals. A party with legitimate standing, or as otherwise provided by state law, may appeal decisions under this chapter within the provisions of the Pennsylvania Municipalities Planning Code. Any such appeal shall occur within the time period established in the Pennsylvania Municipalities Planning Code. (As of the adoption date of this chapter, such provisions were in Sections 914.1 and 1002-A.)[2]

Editor's Note: See 53 P.S. §§ 10914.1 and 11002-A.

Compliance with Township Subdivision and Land Development Ordinance. If an application under this chapter would also be regulated by the Township Subdivision and Land Development Ordinance (SALDO),[3] then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. See the definitions of "land development" and "subdivision" in the SALDO.

[3]

Editor's Note: See Chapter 86, Subdivision and Land Development.

Compliance with Uniform Construction Code (UCC). If an application under this chapter would also be regulated by the Pennsylvania Uniform Construction Code, then any permit or approval under this chapter shall automatically be conditioned upon compliance with the UCC.

Applicant's duty of good faith.

In filing an application for review under this chapter, the applicant shall exercise good faith to prepare a complete and correct application and to promptly address or otherwise respond substantively to the review comments of the Township, and its consultants.