No building or structure shall be erected, added
to or structurally altered until a permit therefor has been issued
by the Code Enforcement Officer. No zoning/building permit shall be
issued for any building where said construction, addition, or alteration
or use thereof would be in violation of any of the provisions of this
chapter, except after written order from the Zoning Hearing Board.
Any zoning/building permit issued in conflict with the provisions
of this chapter, except after written order from the Zoning Hearing
Board, shall be null and void.
A. Permit applications.
(1) All applications for zoning/building permits shall
be accompanied by plans in duplicate drawn to scale, showing the actual
dimensions and shape of the lot to be built upon; the exact sizes
and locations of the lot or buildings and structures already existing,
if any; and the location and dimensions of the proposed building and
structure or alteration. The application shall include such other
information as lawfully may be required by the Code Enforcement Officer,
including existing or proposed building alteration; all proposed changes
of grade, walls, fences, drains, driveways, parking area and landscaping
plan; existing or proposed uses of the building and land; the number
of families, housekeeping units or rental units the building is designed
to accommodate; conditions existing on the lot; and such other matters
as may be necessary to determine conformance with and provide for
the enforcement of this chapter.
(2) No permit shall be issued until evidence is supplied that the property is serviced by a community sewage system or a permit for the operation of an individual sewage system for said property has been obtained, that the property is serviced by a public water system or a final approval for well operation upon the property has been obtained pursuant to Chapter
186, Water, Article
I, Water Wells, and that satisfactory arrangements have been made for sanitary facilities during construction.
B. In approving an application for a zoning/building
permit, the Code Enforcement Officer may require such changes in plans
for construction, addition or alteration or use of such buildings
or lots as may be necessary to assure compliance with this article.
C. A zoning/building permit for any building or use may be revoked and withdrawn by the Code Enforcement Officer if the holder of the zoning/building permit has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the permit, and the holder of the zoning/building permit may be subject to enforcement remedies, as provided for in this chapter. (See §
192-86, Violations and penalties; enforcement remedies.)
D. The Code Enforcement Officer shall render a decision
either approving or disapproving the application for a zoning/building
permit within 90 days after the application is filed, provided that
any disapproval of the application shall be issued within said ninety-day
period and contain a brief explanation setting forth the reason for
said disapproval and the manner in which the application can be corrected
and/or modified to obtain the required approval.
E. One copy of the plans shall be returned to the applicant
by the Code Enforcement Officer, after the Code Enforcement Officer
shall have marked such copy either as approved or disapproved and
attested to same by his signature on such copy. The second copy of
the plans, similarly marked, shall be retained by the administration
official.
F. If the work described in any zoning/building permit
has not begun within six months from the date of issuance thereof,
said permit shall automatically expire.
G. The work described in any zoning/building permit shall
be substantially completed within the time stated on the permit or
within one year of the date of issuance thereof, whichever is sooner.
An extension may be granted by the Code Enforcement Officer upon request
of the applicant.
H. A zoning/building permit for the construction of a
single-family residence on a second lot created from the rear portion
of an existing lot of record shall be issued, provided that the following
standards are met:
(1) The lots are situated in the RC Rural Conservation
Zoning District;
(2) The rear lot is connected to a public street by an
access strip of land at least 20 feet in width and in the same ownership
as the rear lot;
(3) The front lot will retain not less than 125 feet of
continuous lot width after the access strip is removed;
(4) The rear lot will contain only one single-family detached
dwelling and normal accessory uses;
(5) The rear lot is a minimum of one acre in area (43,560
square feet), shall not be resubdivided, and the front lot is also
a minimum of one acre (43,560 square feet) in area;
(6) The access strip is not used in calculating lot area,
and will not be extended or used as access for any other lots; and
(7) The dwelling on the rear lot is set back from the
rear lot line of the front lot by at least 50 feet.
The following uses and temporary outdoor activities
shall require a thirty-day temporary use permit. An extension of one
to four weeks shall be available at the discretion of the Code Enforcement
Officer.
A. Christmas tree sales in commercial, business and industrial
districts, where the property owner has given permission.
B. Sale of seasonal fruits, vegetables or plants in the
RC Rural Conservation District or in the RAL Residential Agricultural,
Low-Density District, when such fruits or vegetables have been produced
in the Township.
C. Multifamily, multiday yard or garage sales.
D. Promotional or religious events or activities requiring
temporary structures, public assembly or off-street parking.
E. Carnivals, circuses, street fairs, car shows and sidewalk
sales in the Commercial District, Business District or overlay zoning
districts, where adequate off-street parking has been provided.
F. Mobile amusements and/or lighting or musical equipment
for promotion, advertisement and grand openings in the Commercial
District, Business District or overlay zoning district.
G. All temporary use permit applications shall include
a completed application form and three sets of detailed drawings identifying
the subject parcel boundaries, area intended for the temporary use,
parking areas and insurance carrier, when applicable.
The Board shall hear and decide appeals where
it is alleged by the appellant that the Code Enforcement Officer has
failed to follow prescribed procedures or has misinterpreted or misapplied
any provision of a valid ordinance or map or any valid rule or regulation
governing the action of the Code Enforcement Officer. Nothing contained
herein shall be construed to deny to the appellant the right to proceed
directly in court, where appropriate, pursuant to Pennsylvania R.C.P.,
Sections 1091 to 1098 relating to mandamus.
Appeals and proceedings to challenge an ordinance under Article
IX of the Pennsylvania Municipalities Planning Code, Act 247, as amended, may be filed with the Board in writing by any officer or agency of the Township, or any person aggrieved. Requests for a variance under this article or for a special exception under this article may be filed with the Board by any landowner or any tenant with the permission of such landowner.
The time limitations for raising certain issues
and filing certain proceedings with the Board shall be set as follows:
A. No issue of alleged defect in the process of enactment
of any ordinance or map, or any amendment thereto, shall be raised
in any proceeding filed with the Board later than 30 days from the
time such ordinance, map or amendment takes effect unless the person
raising such issue alleges and proves that he failed to receive adequate
notice of the enactment or amendment. If such person has succeeded
to his interest after the enactment of the ordinances, adequate notice
to his predecessor in interest shall be deemed adequate notice to
him.
B. No person shall be allowed to file any proceeding
with the Board later than 30 days after any application for development,
preliminary or final, has been approved by an appropriate Township
officer, agency or body if such proceeding is designed to secure reversal
or to limit the approval in any manner unless such person alleges
and proves that he failed to receive adequate notice of such approval.
If such person has succeeded to his interest after such approval,
adequate notice to his predecessor in interest shall be deemed adequate
notice to him.
Upon filing of any proceeding referred to in
this article above, and during its pendency before the Board, all
land development pursuant to any challenged ordinance, order or approval
of the Code Enforcement Officer or of any agency or body, and all
official action thereunder shall be stayed unless the Code Enforcement
Officer or any other appropriate agency or body certifies to the Board
facts indicating that such stay would cause imminent peril to life
or property, in which case the development or official action shall
not be stayed otherwise than by a restraining order which may be granted
by the Board or by the court having jurisdiction of zoning appeals
on petition after notice to the Code Enforcement Officer or other
appropriate agency or body. When an application for development, preliminary
or final, has been duly approved and proceedings designed to reverse
or limit the approval are filed with the Board by persons other than
the applicant, the applicant may petition the court having jurisdiction
of zoning appeals to order such persons to post bond as a condition
to continuing the proceedings before the Board. The question of whether
or not such petition should be granted and the amount of the bond
shall be within the sound discretion of the court.
The Township Supervisors shall establish a schedule
of fees, charges and expenses and a collection procedure for zoning/building
permits, occupancy permits, appeals and other matters pertaining to
this chapter. The schedule of fees shall be posted in the office of
the Code Enforcement Officer and may be changed only by resolution
of the Township Supervisors. No permit, special exception or variances
shall be issued unless or until such costs, charges, fees or expenses
have been paid in full, nor shall any action be taken on proceedings
before the Board unless or until preliminary charges or fees have
been paid in full.
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 any ordinance
enacted under the Pennsylvania Municipalities Planning Code, Act 247,
as amended, or prior enabling laws, Township Supervisors or, with
the approval of Township Supervisors, an officer of Adams 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 Adams Township at least 30 days prior
to the time the action is begun by serving a copy of the complaint
on Township Supervisors of Adams Township. No such action may be maintained
until such notice has been given.
[Added 7-23-2001 by Ord. No. 96]
In interpreting the language of this chapter
to determine the extent of the restriction upon the use of the property,
the language shall be interpreted, where doubt exists as to the intended
meaning of the language written and enacted by the governing body,
in favor of the property owner and against any implied extension of
the restriction.