This new Zoning Ordinance shall apply throughout the Township of West Lampeter. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See §
285-3A.
This chapter is hereby adopted:
A. In accordance with the requirements and purposes (including
Sections 604 and 605 or their successor section(s), which are included
by reference) of the Pennsylvania Municipalities Planning Code, as
amended.
B. In accordance with goals and objectives of the West
Lampeter Township Comprehensive Plan, which are hereby included by
reference.
C. To carry out the following major objectives:
(1) To make sure that development carefully relates to
natural features, and to avoid overly intense development of environmentally
sensitive land;
(2) To minimize disturbance of creek valleys and steep
woodlands;
(3) To avoid overextending groundwater supplies and to
encourage groundwater recharge;
(4) To protect the quality of groundwater and surface
waters;
(5) To promote traditional styles of development;
(6) To promote compatibility between land uses;
(7) To seek coordinated development and roads across municipal
borders;
(8) To provide for a variety of residential densities
and meet legal obligations to provide opportunities for all housing
types;
(9) To promote development that retains the rural character
of the Township;
(10)
To encourage rehabilitation and avoid demolition
of historic buildings;
(11)
To direct higher density development to areas
that are physically suitable, accessible by major roads and that have
the potential of central water and sewage services;
(12)
To coordinate development with future central
water and sewage service areas;
(13)
To direct industrial development to locations
that will minimize conflicts with homes;
(14)
To direct commercial businesses to existing
commercial areas, while avoiding new strip commercial areas that would
cause traffic congestion and safety problems and conflicts with homes;
(15)
To promote new business development in appropriate
areas that will provide additional tax revenue and job opportunities;
and
(16)
To promote public health, safety and general
welfare.
All of the enforcement, violations and penalty
provisions of the State Municipalities Planning Code, as amended,
are hereby incorporated into this chapter by reference. (Note: As
of the adoption date of this chapter, these provisions were primarily
in Sections 616.1, 617 and 617.2 of such Act.)
A. Violations. Any person who shall commit or who shall
permit any of the following actions violates this chapter:
(1) Failure to secure a zoning permit prior to any of
the following: a change in use of land or structure; or the erection,
construction or alteration of any structure or portion thereof; or
the placement of a sign; or a change in the area of a use or the land
coverage or setback of a use; or the excavation or grading of land
to prepare for the erection, construction or alteration of any structure
or portion thereof;
(2) Placement of false statements on or omitting relevant
information from an application for a zoning permit;
(3) Undertaking any action in a manner which does not
comply with a zoning permit;
(4) Violation of any condition imposed by a decision of
the Zoning Hearing Board in granting a variance or special exception
or other approval;
(5) Violation of any condition imposed by a decision of
the Board of Supervisors in granting a conditional use or other approval;
or
(6) Violation of any condition imposed by a decision of
a court of competent jurisdiction where such court has granted zoning
approval with conditions.
B. Enforcement notice. If the Township has reason to
believe that a violation of a provision of this Zoning Ordinance has
occurred, the Zoning Officer or his/her designee shall initiate enforcement
proceedings by sending an enforcement notice as provided in Section
616.1 of the State Municipalities Planning Code. Prior to sending
an official enforcement notice, the Zoning Officer may at his/her
option informally request compliance.
C. Time limits. An official enforcement notice shall
state the deadline to complete bringing the property into compliance
with this chapter, and shall state that the applicant has 30 days
from the receipt of the notice to appeal to the Zoning Hearing Board.
D. Causes of action; enforcement remedies. The causes
of action and enforcement remedies provisions of the State Municipalities
Planning Code, as amended, are hereby incorporated by reference. (Note:
As of the adoption date of this chapter, such provisions were in Section
617 of such Law.)
(1) Enforcement action. If compliance with this chapter
is not achieved following sending of an enforcement notice, the Zoning
Officer shall institute a civil enforcement proceeding before a District
Justice, as provided under state law.
(2) Violations and penalties. Any person who 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 attorney's 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 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
a District Justice determining that there has been a violation further
determines that there was a good faith basis for the person 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's fees collected for the violation of this
chapter shall be paid over to the Township for the general use of
the Township.
(3) 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
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, 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.
E. Enforcement evidence. In any appeal of an enforcement
notice to the Zoning Hearing Board, the Township shall have the responsibility
of presenting its evidence first.
A Township fee schedule for permits and applications
may be established and amended by written resolution of the Board
of Supervisors. No application or appeal shall be considered filed
until all fees are paid.
Within the requirements of the State Municipalities
Planning Code, the Board of Supervisors may amend, or repeal any or
all portions of this chapter on its own motion or after agreeing to
hear a written request of any person, entity, landowner or the Planning
Commission.
The applicable provisions of the State Municipalities
Planning Code shall apply. (Note: As of the adoption date of this
chapter, these provisions were primarily in Sections 609.1, 609.2
and 916.1 of such Act.)
The following requirements shall apply to procedures,
hearings and decisions of the Zoning Hearing Board.
A. Notice of hearings. Notice of all hearings of the
Board shall be given as follows:
(1) Ad. Public notice shall be published, as defined by
Section 107 of the State Municipalities Planning Code. The notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered.
(2) Posting. Notice of such hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. The Township staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3) Persons given notice. The Township shall provide written
notice to the applicant of the time and place of the hearing. The
Township should also provide notice to the Chairperson of the Board
of Supervisors. In addition, the Township shall endeavor to provide
notice to the last known principal owner of record of each property
that is immediately adjacent to or immediately across a street from
the subject property; however, failure to provide such notice shall
not be grounds for an appeal. Also, such notice shall be given to
any other person or group (including civic or community organizations)
who has made a written timely request for such notice. Any such notices
should be mailed or delivered to the last known address.
B. Initiation of hearings. A hearing required under this
chapter shall be initiated within 60 days of the date of an applicant's
request for a hearing, unless the applicant has agreed in writing
to an extension of time.
C. Decision/findings.
(1) The Board shall render a written decision on each
application within 45 days after the last hearing on that application
before the Board, unless the applicant has agreed in writing to an
extension of time.
(2) Where the application is contested or denied, the
decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons for such conclusions.
(3) References shall be provided to the most pertinent
section(s) of this chapter and/or the State Municipalities Planning
Code.
D. Notice of decision. A copy of the final decision shall
be delivered or mailed to the applicant or his/her representative
or their last known address not later than the time limit established
by the State Municipalities Planning Code, as amended. [Note: As of
the adoption date of this chapter, such provisions were within Sections
908(9) and 908(10) of such Act, including provisions regarding notice
to other parties.]
E. See also Section 908 of the Pennsylvania Municipalities
Planning Code.
The provisions for appeals to court that are
stated in the State Municipalities Planning Code, as amended, shall
apply. (Note: As of the adoption date of this chapter, these provisions
were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A
of such Act.)
See the provisions of the State Municipalities
Planning Code, as amended. (Note: As of the adoption date of this
chapter, such provisions were within Section 619 of such Act.)
The minimum lot area, minimum lot width and
minimum street frontage requirements of this chapter shall not apply
to uses or structures owned by West Lampeter Township or by a municipal
authority created solely by West Lampeter Township for uses and structures
that are intended for a public utility, stormwater, public recreation
or public health and safety purpose.