[1]
Editor's Note: This article (originally Part
20 of Ch. 27 of the 1995 Code) was renumbered 12-3-2007 by Ord. No.
276 as Part 29.
The provisions of this chapter shall be enforced
by an agent to be appointed by the Board of Township Commissioners
who shall be known as the Zoning Officer. The Zoning Officer shall
be appointed at the first meeting of the Commissioners following the
adoption of this chapter to serve until the first day of January next
following and shall, thereafter, be appointed annually to serve for
a term of one year and/or until his successor is appointed. The Zoning
Officer may succeed himself. He shall receive such fees or compensation
as the Township Commissioners may, by resolution, provide.
It shall be the duty of the Zoning Officer and
he shall have power to:
A.
Keep a record of all plans and applications for permits
and all permits issued with notations as to special conditions attached
thereto. All records shall be open for public inspection.
B.
Review applications for permits for erection or alteration
of structures or changes of use, determine whether such construction
or use is in accordance with the general requirements of this chapter,
all other applicable ordinances and with the laws and regulations
of the commonwealth. The Zoning Officer shall issue no permit unless
it conforms with all applicable ordinances, statutes and regulations.
C.
Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter. In carrying out such
surveys, the Zoning Officer or his representative may enter upon any
land or building within the Township.
D.
Make written orders requiring compliance with the
provisions of this chapter to be served personally or by registered
mail.
E.
Institute proceedings in courts of proper jurisdiction
for the enforcement of provisions of this chapter.
F.
Maintain a map showing the current zoning classification
of all land within the Township.
G.
Maintain a map and register showing the registration,
identity, location and type of all nonconforming uses within the Township.
H.
Participate in all proceedings before the Zoning Hearing
Board, present facts and information to assist the Board in reaching
decisions which shall be compatible with this chapter and have decisions
of the Board reviewed in a court of proper jurisdiction when in the
judgment of the Zoning Officer such a review is desirable or indicated.
No building shall be constructed or enlarged
in the Township or use of any building changed until a permit has
been secured from the Zoning Officer. Upon completion of the work
authorized by any permit, the applicant for the permit shall notify
the Zoning Officer of such completion. No permit shall be considered
as complete or as permanently effective until the Zoning Officer has
noted on the permit that the work has been inspected and approved
as being in conformity with the provisions of this chapter.
A.
All applications for zoning permits shall be made
in writing by the owner or tenants or authorized agent and shall be
filed with the Zoning Officer. The application:
(1)
Shall include a statement as to the proposed
use of the building;
(2)
Shall be accompanied by a plan, drawn to scale,
showing the location of the building in relation to property and road
lines;
(3)
Shall include a statement that the side lines
of all roads shown on the plan have been located and staked on the
premises by a surveyor or other person competent to give such location;
and
(4)
Shall give the name and address of the person
who has so located and staked the road lines.
B.
In the case of signs, size, location and construction
shall be shown on the application.
A permit issued under the authority of this
chapter shall expire six months after date of issuance unless the
permittee shall have commenced substantial construction or utilization
of the property which is the subject of the permit in accordance with
the intent thereof within such period.
An appeal or application for special exception
or variance from the terms of this chapter or a decision of the Zoning
Officer may be filed with the Secretary of the Zoning Hearing Board
and shall state:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate
to be affected by the proposed exception or variance.
C.
A brief description and location of the real estate
to be affected by such proposed change.
D.
A statement of the present zoning classification of
the real estate in question, the improvements thereon and the present
use thereof.
E.
A statement of the section of this chapter under which
the variance or exception requested may be allowed and the reasons
why it should be granted.
F.
A reasonably accurate description of the present improvements
and the additions intended to be made under the application indicating
the size of such proposed improvements. In addition there shall be
attached a plot plan of the real estate to be affected indicating
the location and size of the lot and size of improvements now erected
and those proposed to be erected thereon.
An appeal from the decision of the Zoning Officer
shall be taken within 30 days according to the procedures described
herein.
The applicant for a permit shall, at the time
of making the application, pay to the Zoning Officer for the use of
the Township a fee in accordance with a fee schedule adopted by resolution
of the Board of Commissioners upon the enactment of this chapter or
as such schedule may be amended by resolution of the Board of Commissioners.
[Amended 10-5-1992 by Ord. No. 127-R]
An application for any conditional use as specified
in the various districts of this chapter shall be considered by the
Township Commissioners according to the following procedures:
A.
Conditional use application.
[Amended 12-3-2007 by Ord. No. 276]
(1)
An application shall be submitted in writing
to the Township Manager on the form prescribed by the Township. In
addition to the application form, the applicant must submit the following:
(2)
The application shall not be deemed accepted
by the Township until all of the above have been delivered to, reviewed
for completeness and accepted by the Township. The time limit for
the scheduling of a hearing shall not commence until the Township
has determined the application complete and has accepted same, which
shall be evidenced the by the dated signature of the Township Manager.
B.
Public hearing. After giving public notice, the Township
Commissioners shall hold a public hearing on the conditional use application
within 60 days of the date the application was deemed complete and
accepted by the Township. At least 30 days prior to the date of the
hearing, one copy of the conditional use application shall be delivered
to the Township Planning Commission together with a request that the
Planning Commission submit its recommendations regarding the application.
If the Planning Commission fails to make a recommendation on the application
prior to the date scheduled for the hearing, the Board of Commissioners
may, in its sole discretion, reschedule the hearing but not beyond
the time limits set forth above.
[Amended 12-3-2007 by Ord. No. 276]
C.
Standards for conditional use approval.
(1)
The Board of Commissioners may grant conditional
use approval, provided that the applicant complies with the following
standards for conditional uses. The burden of proof shall rest with
the applicant.
(a)
The applicant shall establish, by credible evidence, that the conditional use complies with the statement of community objectives as stated in Article I of this chapter and with the declaration of legislative intent that may appear at the beginning of the applicable provision under which approval is sought.
(b)
The applicant shall establish, by credible evidence,
compliance with all requirements for the conditional use enumerated
in the provision which gives the applicant the right to seek the conditional
use.
(c)
The applicant shall establish, by credible evidence,
that the proposed conditional use shall not adversely affect neighboring
land uses in any way and shall not impose upon its neighbors but rather
shall blend with them in a harmonious manner.
(d)
The applicant shall establish, by credible evidence,
that the proposed conditional use shall be properly serviced by all
existing public service systems. The peak traffic generated by the
subject of the application shall be accommodated in a safe and efficient
manner, or improvement shall be made in order to effect the same.
Similar responsibility shall be assumed with respect to other public
service systems, including, but not limited to, police protection,
fire protection, utilities, parks and recreation.
(e)
The applicant shall establish, by credible evidence,
that the proposed conditional use shall be properly designed with
regard to internal circulation, parking, buffering and all other elements
of proper design.
(f)
The applicant shall provide the Board of Commissioners
with sufficient plans, studies or other data to demonstrate compliance
with all regulations.
