An application for a zoning permit for a conditional
use shall be filed with the Zoning Officer and it shall:
A. Identify and describe the property, its location and
the present use.
B. Reasonably describe present improvements and any intended
additions and changes.
C. Disclose the conditional use for which the application
is being made; and show how the property, as it may be improved, meets
the standards and criteria required.
D. Upon receipt of such application for conditional use,
the Zoning Officer shall forthwith refer the same to the attention
of the Township Planning Commission. The Planning Commission shall
arrange a date, time and place for a meeting with the applicant for
the conditional use. Said meeting shall be held within 45 days of
filing of the application with the Zoning Officer. The Planning Commission
shall make a recommendation on the application to the Township Supervisors
within 45 days of the original filing of the application with the
Zoning Officer.
E. The Township Supervisors may authorize conditional
uses pursuant to express standards and criteria specified in this
chapter for said uses and may attach such additional conditions and
safeguards as it may deem necessary.
F. The Township Supervisors shall hold a public hearing,
pursuant to public notice, on the conditional use, within 60 days
of the date of filing of the application with the Zoning Officer and
shall issue a decision within 45 days after the last hearing before
the Board of Supervisors.
G. The Zoning Officer shall be under a duty of issuance
of a permit or order indicating the action of the Township Supervisors
as a result of the hearing on the application, and shall notify the
applicant.
The interpretation and application of the provisions
of this chapter, shall be held to be the minimum requirements for
the promotion of the health, safety, morals and general welfare. The
chapter is not intended to interfere with or abrogate or annul other
rules, regulations or ordinances of the Township of Raccoon, provided
that where this chapter imposes a greater restriction upon the use
of building or premises, or upon the height of a building, or requires
larger open spaces than are imposed by other such rules, regulations
or ordinances, the provision of this chapter shall prevail.
In case any structure or land is or is proposed
to be erected, constructed, reconstructed, altered, converted, maintained,
and/or used in violation of this chapter, or any regulations made
pursuant thereto, the Township Supervisors, in addition to specifically
authorizing the Zoning Officer to obtain enforcement and in addition
to other remedies, may institute in the name of the municipality by
itself or through the Zoning Officer, any appropriate action or proceeding
to prevent, restrain, correct, or abate such building structure, land
or use or to prevent in or about such premises, any act, conduct,
business or use, constituting a violation.
All ordinances or parts of ordinances that are
contrary to the provisions of this Zoning chapter are hereby repealed
to the extent they are inconsistent herewith. In the event that any
ordinance or parts of ordinances provide stricter provisions and requirements
than the terms of the within chapter, then the ordinance containing
the stricter provisions and requirements will prevail and govern.
The granting of a zoning permit for the erection
and/or use of a building or lot shall not constitute a representation,
guarantee or warranty of any kind or nature by the municipality, or
an official or employee thereof, of the safety of any structure, use
or other proposed plan for any cause whatsoever, and shall create
no liability upon, or a cause of action against any such public official
or employee for any damage that may result pursuant thereto.
Any person who violates the provisions of this chapter shall be subject to civil enforcement procedures as set forth in Chapter
1, General Provisions, Article
II. Each day that a violation continues shall constitute a separate violation, unless the 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 the 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.