[Amended 1-8-1990 by Ord. No. 461]
A.
There shall be a Zoning Officer, who shall be appointed
by the Township and be responsible for the administration and enforcement
of this chapter. The Zoning Officer shall meet qualifications established
by the Township and shall demonstrate to the satisfaction of the Township
experience and a working knowledge of municipal zoning, subdivision
and land development standards and construction principles. The Zoning
Officer shall not hold any elected office in the Township. The duties
of the Zoning Officer shall include, but not be limited to, the following:
(1)
Enforce all provisions of this chapter and all
amendments thereto.
(2)
Receive, examine record and file all applications
and fees for building permits and issue building permits only for
any use which conforms to this chapter.
(3)
Refer applications for special exceptions to
the Zoning Hearing Board.
(4)
Issue permits for construction of uses requiring
a special exception or variance only upon order of the Zoning Hearing
Board. Permits requiring approval by the Township Council shall be
issued only after receipt of an authorization from the Township Council.
(5)
Following refusal of a permit, receive applications
for interpretation appeals and variances and forward these applications
to the Zoning Hearing Board for action thereon.
(6)
Conduct inspections and surveys to determine
compliance or noncompliance with the terms of this chapter.
(7)
Issue stop, cease and desist orders and order,
in writing, correction of all conditions found to be in violation
of the provisions of this chapter. Such written orders shall be served
personally or by certified mail upon persons, firms or corporations
deemed by the Zoning Officer to be violating the terms of this chapter.
It shall be unlawful for any person to violate any such order lawfully
issued by the Zoning Officer, and any person violating such order
shall be guilty of a violation of this chapter.
(8)
Keep an official record of all business and
activities, including complaints of a violation of any of the provisions
of this chapter and of the subsequent action taken on each such complaint.
(9)
Maintain or cause to have maintained a map or
maps showing the current zoning classifications of all land in the
Township.
(10)
Identify and register all nonconforming uses
and nonconforming structures created as a result of the adoptions
of this chapter or created as a result of amendments thereto.
(11)
Issue use and occupancy permits in accordance
with the terms of this article.
(12)
Make such reports as the Township Council may
require.
[Amended 5-24-2004 by Ord. No. 652; 10-25-2004 by Ord. No.
656]
A.
A zoning permit shall be required prior to the use
or change in use of a building or land and prior to the change or
extension of a nonconforming use and for the followings structures
if the structure has a building area of 1,000 square feet or less
and is accessory to a detached one-family dwelling.
C.
A zoning permit shall be required for manufactured
or industrialized housing certified by the manufacturer to conform
to applicable federal and state construction and safety standards,
as identified in Section 901 of the Pennsylvania Construction Code
Act of 1999, No. 45.
D.
Applications for permits shall be made, in writing,
to the Zoning Officer on such forms as may be furnished by the Township.
Such application shall contain all information necessary for the Zoning
Officer to ascertain whether the proposed erection, alteration, use
or change in use complies with the provisions of this chapter.
[Amended 5-24-2004 by Ord. No. 652]
A.
An application for a zoning permit shall be made,
in writing, by the landowner or his authorized agent on forms furnished
by the Township and shall be accompanied by a plot plan drawn to scale,
showing the exact size and location of any buildings or other structures
existing on the subject lot and the setback lines within which the
proposed building or other structure shall be erected or altered and
the location of any easements or rights-of-way existing on the lot.
In addition, there shall be included with the application such other
plans, documents and information as may be necessary to enable the
Zoning Officer to ascertain compliance with this chapter and all other
pertinent ordinances, codes and regulations.
[Amended 5-24-2004 by Ord. No. 652]
Zoning permits shall be granted or denied within
30 days after the written application has been filed with the Zoning
Officer.
[Amended 1-8-1990 by Ord. No. 461]
A.
Upon completion of the erection or alteration of any
building or portion thereof authorized by any permit and prior to
occupancy or use, the holder of such permit shall notify the Zoning
Officer of such completion. No permit shall be considered complete
or permanently effective until the Zoning Officer has certified that
the work has been inspected and approved as being in conformity with
the provisions of this chapter and other applicable ordinances and
regulations, including permits by other agencies.
B.
A use and occupancy permit shall be required prior
to any of the following:
(1)
Use and occupancy of any building or other structure
hereafter erected or altered, for which a building permit is required.
(2)
Change in use of any building or other structure
or any part thereof.
(3)
Use of land or change in the use thereof, except
that the placing of vacant land under cultivation shall not require
a use and occupancy permit.
(4)
Change in use or extension of a nonconforming
use.
C.
It shall be unlawful for any person to use or occupy
any building or other structure or land until a use and occupancy
permit, if required, has been duly issued.
[Amended 1-8-1990 by Ord. No. 461]
All applications for use and occupancy permits
shall be made, in writing, by the landowner or his authorized agent
on forms furnished by the Township and shall include all information
necessary to enable the Zoning Officer to ascertain compliance with
this chapter.
[Amended 1-8-1990 by Ord. No. 461]
No use and occupancy permit shall be issued
until the Zoning Officer has certified that the proposed use complies
with all the provisions of this chapter and all other ordinances,
regulations and codes of Middletown Township; provided, however, that
a temporary use and occupancy permit may be issued by the Zoning Officer
for a period not exceeding six months during alterations or partial
occupancy of a building pending its completion, provided that such
a temporary permit requires any needed conditions and safeguards which
will protect the safety of the occupants and the public.
If the Code Enforcement Officer determines that
an application is in compliance with the provisions of this chapter,
it shall be his/her duty to issue the appropriate permit, and, if
he/she determines that an application is not in compliance with the
provisions of this chapter, it shall be his/her duty to refuse the
permit, in which case, he/she shall instruct the applicant in the
method of appeal or application to the Zoning Hearing Board or the
Township Council, whichever is applicable. No permit shall be issued
to any applicant until any and all fees incurred, which are payable
to the Township, are paid in full.
[Amended 1-8-1990 by Ord. No. 461]
A.
The Township Council shall establish, by resolution,
a schedule of fees, charges and expenses and collection procedures
for building permits, occupancy permits, sign permits, special exceptions,
variances, appeals, conditional uses, amendments and others pertaining
to this chapter.
B.
The schedule of fees shall be posted in the office
of the Zoning Officer and may be altered or amended only by the Township
Council.
C.
No action shall be taken on any application for any
special exception, variance or appeal until all application fees,
charges and expenses have been paid in full.
[Amended 1-8-1990 by Ord. No. 461]
A.
If it appears to the Township that a violation of
any provision of this chapter occurred, the Township shall initiate
enforcement proceedings by sending an enforcement notice as provided
in this section.
B.
The enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred, to any
person who has filed a written request to receive enforcement notices
regarding that parcel and to any other person requested, in writing,
by the owner of record.
C.
An enforcement notice shall state the following:
(1)
The name of the owner of record and any other
person against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation, with a description of
the requirements which have not been met, citing in each instance
the applicable provision of this chapter.
(4)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(5)
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 in this chapter.
(6)
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.
[Amended 1-8-1990 by Ord. No. 461]
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 provision
of this chapter, the Township Council or, with the approval of the
Township Council, an officer of the 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 the Township at least 30 days prior to the time the action
is begun by serving a copy of the complaint on the Township Council.
No such action may be maintained until such notice has been given.
[Amended 1-8-1990 by Ord. No. 461]
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of a provision 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 reasonable attorneys' fees incurred by
the Township as a result thereof. No judgment shall commence or be
imposed, levied or 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 of 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 the ordinance to
have believed that there was not 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 judgment, costs
and reasonable attorneys' fees collected for the violation of the
ordinances shall be paid over to the Township.
B.
The court of common pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed
or interpreted to granting to any person or entity other than the
Township the right to commence any action for enforcement pursuant
to this section.
D.
Magisterial District Judges shall have initial jurisdiction
over proceedings brought under this section.
A.
In evaluating an application before the Township Council
for a conditional use or before the Zoning Hearing Board for a special
exception, the Council and the Board shall require the applicant to
provide reports, maps, plans and other related papers to ensure that
the proposal:
(2)
Will be consistent with the statement of purpose
articulated for the district in which the use is proposed.
(3)
Will be consistent with the Middletown Township
Comprehensive Plan and, in particular, the plans for land use, community
facilities, utilities and the map depicting areas of environmental
concern.
(4)
Will conform to all requirements of Chapter 210, Subdivision and Land Development, and all other applicable ordinances, codes or regulations.
(5)
Will not adversely affect the health, safety
and general welfare of the surrounding area and the Township.
(6)
Will promote the harmonious and orderly development
of the zoning district involved.
(7)
Will be compatible with the character and type
of development existing in the area which surrounds the site in terms
of the size, scale, height and bulk of the proposed uses and the size,
shape and placement of buildings and other structures.
(8)
Will not detract from or cause harm to neighboring
properties by creating a negative impact on the aesthetic character
of the community.
(9)
Will be compatible with the uses permitted in
the surrounding area in terms of the density and/or intensity of land
use.
(10)
Will reflect effective site planning and design
in terms of energy efficiency, environmental protection and aesthetic
composition.
(11)
Will be reflective of sound engineering and
land development design and construction principles, practices and
techniques.
(12)
Will be consistent with the logical, efficient
and cost-effective extension of public services and utilities and
will not adversely affect the public services and utilities of surrounding
properties of the Township, as a whole, in terms of public water,
sewers, police and fire protection and schools.
(13)
Will include proposals for the effective disposal
of solid waste.
(14)
Will provide safe and efficient access to roads
and will not create traffic congestion, hazardous traffic conditions
or excessive traffic volumes.
(15)
Will be developed so as to limit the number
of access points along a major public street and to develop frontage
of buildings on access roads which are parallel or perpendicular to
a major public street.
(16)
Will provide any improvements needed to guarantee
compatibility with adjoining roads.
(17)
Will provide continuity of existing circulation
systems including roads, sidewalks, trails and other walkways.
(18)
Will provide adequate off-street parking and
loading which will be minimally visible from adjoining public streets.
(19)
Will utilize effective stormwater management
techniques and soil erosion and sedimentation control techniques which
are in character with and complementary to the proposed site grading
and landscaping.
(20)
Will provide for adequate environmental controls
and performance standards to minimize noise, vibration, glare, heat,
odor, smoke, dust, fumes, vapors, gases, air emissions, water emissions
and outdoor storage.
(21)
Will preserve, to the maximum extent possible,
woodlands and other trees existing at the site.
(22)
Will not be disruptive to existing topography,
surface water resources and groundwater resources.
(23)
Will include proposals for effective mitigation
of potential adverse environmental impacts through a satisfactory
environmental impact assessment report.
(24)
Will provide landscaping to buffer and screen
the use from surrounding properties, to complement buildings and other
structures on the site and to enhance the overall character of the
development.
(25)
Will include proposed landscaping, in addition
to that required as stated above, in areas such as the entrance, along
property boundaries, in areas which are highly visible such as along
roads, walks or trails and in other places where the use of trees,
shrubs and ground cover would be functional and appropriate.
(26)
Will provide fencing, walls, berming, terraces,
walkways and other site improvement features to complement the proposed
landscaping.
(27)
Will provide effective, subdued lighting using
light posts and fixtures complementary to the proposed architecture
and the character of the surrounding properties.
B.
The Township Council and the Zoning Hearing Board
may attach such conditions and safeguards, in addition to those already
required by this chapter, as they may deem necessary to implement
the purposes of the Municipalities Planning Code and this chapter
and to protect the public welfare, which conditions and safeguards
may relate to, but are not limited to, the design of buildings, roads
and parking areas, landscaping and its maintenance as a sight or sound
screen, lighting, noise, safety and the prevention of noxious, offensive
or hazardous conditions.
C.
Conditional uses or special exceptions related to
the Floodplain Conservation District, Steep Slope Conservation District
or other districts shall also be evaluated in accordance with additional
standards and criteria set forth in the provisions for the respective
districts.
[Amended 1-8-1990 by Ord. No. 461]
A.
The Zoning Hearing Board shall be governed by the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and Article XXXIV.
B.
In the case of an application for conditional use,
the Planning Commission shall perform a review and provide counsel
to the Township Council concerning the grant of approval or disapproval
of the proposed use. Such review shall be conducted and a written
report submitted to the Township Council within 45 days of the date
of the first Planning Commission meeting following the date of the
complete details of the plan have been filed. The Planning Commission
shall discuss the application at at least one of its regularly scheduled
public meetings during the review period.
C.
The Township Council shall, in the case of an application for conditional use, schedule a hearing for public review and comment pursuant to public notice as defined in Article II of this chapter. Should the Township Council deem it necessary, a second public hearing shall be held, at which time the public record may be enlarged. Within 90 days, the Township Council, at a regularly scheduled meeting or special meeting, shall take action to either approve or disapprove the use.
D.
The Planning Commission and Township Council shall
be responsible for providing notification to the applicant, no less
than 20 days prior to the occurrence of any hearing at which testimony
will be heard and/or action taken upon approval or disapproval in
order that he/she may present his/her case at such hearing. Subsequent
to the receipt of such notification, the applicant shall be responsible
for notifying, no less than 10 days prior to such hearing, all abutting
property owners.
E.
Proof of proper notification shall be required as
a precondition before any formal action on the application.
F.
Notification of the action taken by the Township Council
shall be made, in writing, to the applicant. In the event of disapproval,
it shall be accompanied by a statement of the reasons therefor. In
the event of disapproval, the applicant may file a new application
for conditional use or for subdivision and/or land development for
another use of the subject property.
G.
In the event of conditional use approval, should the
applicant fail to obtain all the necessary final plan approvals and
building and related permits within 12 months of notification or,
having obtained the necessary approvals and permits, fail to commence
work thereunder within six additional months, it shall be conclusively
presumed that the applicant has waived, withdrawn or abandoned his/her
appeal or application, and all provisions, conditional uses(s) and
permits granted to him/her shall be deemed automatically rescinded
by the Township Council. If the Township Council finds that a good
reason exists for the failure to comply with the time periods specified
above, an extension may be granted.
H.
The grant of approval by the Township Council for a conditional use shall in no way release the applicant from his/her obligation to comply with the applicable provisions of this chapter, Chapter 210, Subdivision and Land Development, or any other applicable Township, state and federal regulations.
I.
All notices, hearings and orders shall be made or
shall occur in conformance with the provisions of this chapter and
the Pennsylvania Municipalities Planning Code, Act 247, as amended.
