For the administration of this chapter a Zoning Officer and
any duly authorized assistant(s) (who shall be referred to collectively
hereafter as "the Zoning Officer"), who may not hold any elective
office in the Township, shall be appointed by the Board of Supervisors.
The Zoning Officer shall administer this chapter in accordance with
its literal terms. The Zoning Officer shall issue all permits required
by this chapter but he/she shall not have the power to permit any
construction or any use or change of use which does not conform to
this chapter and other applicable Township codes and ordinances.
A.
It shall be the duty of the Zoning Officer to enforce
the provisions of this chapter and all rules, conditions and requirements
adopted or specified pursuant thereto. The Zoning Officer shall not
issue a permit or certificate authorized or required under this chapter
for work or a use which does not conform to the terms and conditions
of this chapter.
B.
The Zoning Officer shall have the right to enter any
building or enter upon any land at any reasonable hour as necessary
in the execution of their duties, provided that:
(1)
The Zoning Officer shall have all powers conferred
by this chapter or by law, including but not limited to the right
to inspect and enter buildings, premises, or land under terms and
conditions as provided and permitted by law. In any event, the Zoning
Officer shall have the right to enter upon any land at any reasonable
hour as necessary in the execution of his or her duties, and shall
have the right to enter any building upon reasonable notice to both
the owner and occupier of said building or premises.
(2)
Notwithstanding the provisions or Subsection B(1) above, the Zoning Officer shall have the right to examine or cause to be examined, as a condition for the issuance of any permit or certificate of occupancy, all buildings, structures, signs, or land or portions thereof, for which an application has been filed for the issuance of a land use permit or certificate of occupancy before issuing any permit. Thereafter, the Zoning Officer may make such inspections prior to completion of the work for which the permit has been issued. Upon completion of the building, structure, sign, or change, and/or prior to the issuance of a certificate of occupancy, a final inspection shall be made, and all violations of approved plans or permit shall be noted, in writing, and shall be corrected prior to the issuance of a certificate of occupancy.
[Amended 11-10-2009 by Ord. No. 2009-3]
(3)
Inspections shall be commenced in the presence of
the owner or his representative or tenant.
C.
The Zoning Officer shall maintain such files and records,
open to the public, as shall be necessary for the performance of his
or her duties, or as shall be required from time to time by the Board
of Supervisors.
A.
No building or structure in any district shall be
erected, installed, have an addition added to, reconstructed or restored,
demolished or structurally altered without a land use permit duly
issued upon application to the Township. However, no such land use
permit shall be required for building restoration costing less than
$3,000. No land use permit shall be issued unless the proposed construction
or use is in full conformity with all the provisions of this chapter.
Any land use permit issued in violation of the provisions of this
chapter shall be null and void and of no effect, without the necessity
for any proceedings or revocations of nullification thereof; and any
work undertaken or use established pursuant to any such permit shall
be unlawful.
[Amended 11-10-2009 by Ord. No. 2009-3]
B.
Every application for a land use permit shall contain
the following information and be accompanied by the required fee.
(1)
The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected, or of
the lot in which it is situated if an existing building;
(2)
The block and lot numbers as they appear on the latest
tax records;
(3)
The exact size and location on the lot of the proposed
building or buildings or alteration of an existing building and of
other existing buildings on the same lot;
(4)
The dimensions of all yards in relation to the subject
building and the distances between such building and any other existing
buildings on the same lot;
(5)
The existing and intended use of all buildings, existing
or proposed, the use of land, and the number of dwelling units the
building is designed to accommodate; and
(6)
Such topographic or other information with regard
to the building, the lot or neighboring lots as may be necessary to
determine that the proposed construction will conform to the provisions
of this chapter.
C.
No land use permit shall be issued for the construction
or alteration of any building upon a lot without access to a street
or highway.
D.
No land use permit shall be issued for any building
where the land development plan of such building is subject to approval
by the Supervisors, except in the conformity with the plans approved
by the Supervisors.
E.
No land use permit shall be issued for a building
to be used for any use by special exception in any district where
such use is allowed only by approval of the Zoning Hearing Board unless
and until such approval has been duly granted by the Zoning Hearing
Board.
F.
No land
use permit shall be issued for the demolition of a structure or building
where the demolition or destruction of such building or structure
would be a violation or inconsistent with a pending or approved land
development plan or stormwater management plan.
[Added 11-10-2009 by Ord. No. 2009-3]
G.
No land
use permit shall be issued for the demolition of a structure or building
older than 75 years where such structure or building is deemed by
the Board of Supervisors to have natural or historical significance
after consultation with the Pennsylvania Historical and Museum Commission
and the York County Heritage Trust.
[Added 11-10-2009 by Ord. No. 2009-3]
H.
The land use permit application and all supporting
documentation shall be made in duplicate. On the issuance of a land
use permit, the Zoning Officer shall return one copy of all filed
documents to the applicant.
I.
The Zoning Officer shall, within 15 business days
after the filing of a complete and properly prepared application for
a proposed single-family dwelling unit, duplex dwelling unit or accessory
use or structure, or within 30 business days after the filing of a
complete and properly prepared application for any other proposed
use, building, structure or facility, either issue or deny a land
use permit. If a land use permit is denied, the Zoning Officer shall
state, in writing, to the applicant the reasons for such denial.
J.
Every land use permit shall expire if the work authorized
has not commenced within six months after the date of issuance, or
has not been completed within 12 months from such date for construction
costing less than $1,000,000 and has not been completed within 36
months from such date for construction costing in excess of such amount.
If no zoning amendments or other codes or regulations affecting subject
property have been enacted in the interim, the Zoning Officer may
authorize, in writing, the extension of either above periods of an
additional six months, following which no further work is to be undertaken
without a new land use permit.
A.
A land use permit shall be required for any proposed construction or development to be located entirely or partially within any identified floodplain area. Land use permits shall be issued as provided for in Chapter 108, Floodplain Management, of the Code of the Township of East Manchester, as amended from time to time.
[Amended 11-10-2009 by Ord. No. 2009-3]
B.
In addition to the information required in § 255-75, applicants shall provide the following information plus any other pertinent information as may be required by the Zoning Officer:
(1)
The proposed lowest floor elevation of any proposed
building based upon National Geodetic Vertical Datum of 1929;
(2)
The elevation of the one-hundred-year flood;
(3)
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a one-hundred-year flood; and
(4)
Detailed information concerning any proposed floodproofing
measures.
(5)
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the one-hundred-year
flood. Such statement shall include a description of the type and
extent of floodproofing measures which have been incorporated into
the design of the structure and/or the development.
C.
Prior to the issuance of any land use permit, the
Zoning Officer shall review the application for the permit to determine
if all other necessary government permits required by state and federal
laws have been obtained, such as those required by the Pennsylvania
Sewage Facilities Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
D.
No encroachment, alteration, or improvement of any
kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the Township
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Insurance Administrator and
Pennsylvania Department of Community and Economic Development, Bureau
of Community Planning, or successor agency, shall be notified by the
Township prior to any alteration or relocation of any watercourse.
A.
The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Zoning
Officer:
(1)
Occupancy and use of a building erected, installed,
reconstructed, restored, structurally altered, moved, or any change
in use of existing building.
(2)
Certificates of occupancy shall be required only for
buildings or structures proposed for human use or habitation.
(3)
Certificates of use shall be required for all other
principal buildings.
B.
Application for a certificate of occupancy or use
shall be submitted on a form furnished by the Township and shall provide
all information required therein.
C.
If the proposed use is in conformity with the provisions
of this chapter, all other applicable codes and ordinances, and any
requirements of any permits or approvals, a certificate of occupancy
shall be issued by the Zoning Officer within 15 days after receipt
of a properly completed application. If a certificate of occupancy
is denied, the Zoning Officer shall state the reasons, in writing,
to the applicant.
D.
A certificate of occupancy or use shall be deemed
to authorize and is required for both initial occupancy and the continuance
of occupancy and use of the building or land to which it applies.
E.
Upon written request by the owner, and upon fee payment,
the Zoning Officer shall, after inspection, issue a certificate of
occupancy or use for any building or use thereof or of land existing
at the time of adoption of this chapter, certifying such use and whether
or not the same and the building conforms to the provisions of this
chapter.
F.
A record of all certificates of occupancy shall be
kept by the Zoning Officer, and copies shall be furnished on request
to any agency of the Township or to any persons having a proprietary
or tenancy interest in the building or land affected.
A.
Fees. The Board of Supervisors shall set fees, payable
in advance, for all applications, permits, or appeals provided for
by this chapter to defray the cost of advertising, processing, inspecting,
mailing notices, charges of a stenographer for taking the notes of
testimony, and copying applications, permits and occupancy certificates.
Land use permit fees shall not be required for any maintenance operations
such as painting, roof repair, window replacement, installation of
siding, replacement of defective structural members or similar maintenance
measures.[1]
[1]
Editor's Note: The fee schedule is available in the Township
offices.
B.
Zoning Hearing Board hearings.
(1)
All costs related to any required public Zoning Hearing
Board hearings are to be paid by the applicant. Fees for said hearings
may include compensation for the Secretary and members of the Zoning
Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
(2)
An applicant, by filing for a use by special exception,
shall be obligated to pay all costs hereinabove provided. Payment
of such costs shall be promptly submitted to the Township by the applicant
upon the submission of bills therefor from time to time. Payment shall
be by check or money order made payable to the Township of East Manchester.
(3)
No land use permit or other requisite permit shall
be issued by the Township Zoning Officer until all such fees and costs
have been paid in full by the applicant.
C.
Enforcement notice.
(1)
If it appears to the Township that a violation of
this chapter has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice as provided by this subsection.
(2)
The enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred, to the
occupant, tenant, or equitable owner, if known by the Township, 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.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other
person against whom the Township intends to take action.
(b)
The location of the property and violation.
(c)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this chapter.
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
Compliance with sign regulations shall take place within 30 days of
the required notice.
(e)
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.
(f)
That the 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.
In the case of a sign violation, possible sanctions shall be as follows:
The Township may remove or cause removal of such sign and shall assess
all costs and expenses incurred in said removal against the land or
building on which the sign is located.
D.
Penalties for violations. Any person, partnership
or corporation who or which has violated or permitted the violation
of provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding before a Magisterial District Judge
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 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 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 zoning ordinances shall
be paid over to the Township.
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 Township ordinance, the Board
of Supervisors or, with the approval of the Board of Supervisors,
an officer of the municipality, 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 Board of Supervisors. No
such action may be maintained until such notice has been given.
The Board of Supervisors may, from time to time,
amend, supplement, change, modify or repeal this chapter or any part
of this chapter, including the Zoning Map. When doing so, the Board
of Supervisors shall proceed in the manner prescribed in this article.
[Amended 12-9-2014 by Ord. No. 2014-6]
A.
Amendments generally. The Board of Supervisors may, from time to
time amend, supplement or repeal any of the regulations and provisions
in this chapter, as provided below. Such action may be taken after
application by a landowner or upon recommendation by the Township
Planning Commission.
(1)
Landowner application. All applications by landowners for zoning
amendments or Zoning Map amendments, not curative in nature, shall
be submitted to the Township Zoning Officer not later than the last
working day of the month preceding the Board of Supervisors meeting
at which the application will be initially presented.
(a)
Fees. A landowner application for amendment shall not be considered
complete unless accompanied by a fee in such amount as fixed by resolution
of the Board of Supervisors from time to time. Such fee shall be applied
to the Township's actual costs, including attorney, engineering, and
advertising fees, to review and/or take action on the requested zoning
amendment. The Township reserves the right to require an escrow for
additional fees if such costs are greater than the fee initially paid.
Unused fees shall be returned to the landowner upon the dismissal
or enactment of the amendment requested.
(b)
Initial meeting. The regularly scheduled meetings of the Board
of Supervisors are hereby established as the initial meetings at which
landowner applications shall be considered by the Board of Supervisors.
Upon receipt of a complete application, the Board of Supervisors shall
consider the application at the following regularly scheduled meeting.
If for any reason the Board of Supervisors does not meet at such regularly
scheduled meeting, the Board of Supervisors shall consider the application
at the subsequent regularly scheduled meeting. The action of the Board
of Supervisors at the initial meeting shall be limited to either accepting
or rejecting the application. If the application is accepted, it shall
be referred to the Township Planning Commission for a report and recommendation
as provided in this section. If the petition is rejected, the landowner
who filed the application shall be so notified, in writing, and the
filing fee shall be refunded.
(2)
Public hearing. Prior to enacting any proposed zoning amendment,
the Board of Supervisors shall fix a time and place for a public hearing
at which parties of interest and residents shall have an opportunity
to be heard, pursuant to public notice as provided herein. No time
limit shall apply to the scheduling of such public hearing, or the
occurrence of the public hearing, or to formal action of the amendment.
(3)
Township Planning Commission. In the case of an amendment other than
that prepared by the Township Planning Commission, the Board of Supervisors
shall submit each amendment to the Township Planning Commission at
least 30 days prior to the public hearing on such proposed amendment
to provide the Township Planning Commission an opportunity to submit
recommendations. In the case of an amendment prepared by the Township
Planning Commission, the proposal shall be presented to the Board
of Supervisors, which shall then proceed in the same manner as with
a proposed zoning amendment which has already been reviewed by the
Township Planning Commission.
(4)
County Planning Commission. At least 30 days prior to the public
hearing on any amendment by the Board of Supervisors, the Township
shall submit the proposed amendment to the County Planning Commission
for recommendations.
(5)
Notice of public hearing.
(a)
Notice of the time and place of such public hearing and a description
of the amendment to be discussed shall be published once each week
for two consecutive weeks in a newspaper of general circulation within
the Township; the first publication shall not be more than 60 days
and the second publication shall not be less than seven days from
the date of the hearing.
(b)
If the proposed amendment involves a Zoning Map change, notice
of the required hearing shall be conspicuously posted by the Township
along the perimeter of the parcel to notify potentially interested
citizens. The affected parcel or area shall be posted at least one
week prior to the date of the hearing. Additionally, notice of the
public hearing for a Zoning Map change shall be mailed by the Township
at least 30 days prior to the date of the public hearing, by first
class mail, to the addresses to which real estate tax bills are sent
for all real property located within the area being rezoned, as evidenced
by tax records within the possession of the Township. The notice shall
include the location, date and time of the public hearing. A good
faith effort and substantial compliance shall satisfy the requirements
of this subsection. This clause shall not apply when the rezoning
constitutes a comprehensive rezoning.
(6)
Substantial change to amendment. If after any public hearing held
upon a Zoning Map amendment, the proposed amendment is changed substantially,
or is revised, to include land previously not affected by it, the
Board of Supervisors shall hold another public hearing, pursuant to
public notice, before proceeding to enact the amendment.
(7)
Action by the Board of Supervisors. At the time and place specified,
the Board of Supervisors shall conduct a hearing on said application
to amend the zoning ordinance or Zoning Map of the Township and shall
thereafter, at a subsequent regular meeting of the Board of Supervisors,
either reject the proposed change or adopt an ordinance implementing
the proposed change.
(8)
Within 30 days after enactment of any amendment to this chapter,
a copy of the amendment shall be forwarded to the County Planning
Commission.
B.
Curative amendments by landowner. A landowner who desires to challenge
on substantive grounds the validity of this chapter or the Zoning
Map or any provision thereof which prohibits or restricts the use
or development of land in which he has an interest may submit a petition
for curative amendment to the Board of Supervisors with a written
request that his challenge and proposed amendment be heard and decided
as provided in § 916.1 of the MPC.[1] The petition for curative amendment and challenge shall be referred to the Township Planning Commission and the County Planning Commission as provided in Subsection A of this section and § 609 of the MPC, and notice of the hearing thereon shall be given as provided in Subsection A of this section and §§ 610 and 916.1 of the MPC.[2]
(1)
Petition and fee. No petition shall be accepted by the Zoning Officer which is not (i) complete on its face, containing all of the information and data required by the Zoning Officer to reasonably support the petition and signed by at least one record owner of property which would be affected by the proposed amendment; and (ii) accompanied by the fee provided in § 255-81A(1)(a) above. Upon receipt of a complete petition and payment of the fee, the Township shall cause the petition to be forwarded to the Township Planning Commission and the County Planning Commission.
(2)
Public hearing. The Board of Supervisors shall hold a public hearing within 60 days of the request, and such hearing shall be conducted in accordance with § 255-85 of the Code and § 908 of the MPC,[3] and all references therein to the Zoning Hearing Board
shall, for purposes of this section, be references to the Board of
Supervisors. If the Township does not accept a landowner's curative
amendment brought in accordance with this subsection and a court subsequently
rules that the challenge has merit, the court's decision shall not
result in a declaration of invalidity for this entire chapter and
Zoning Map, but only for those provisions that specifically relate
to the landowner's curative amendment and challenge.
[3]
Editor's Note: See 53 P.S. § 10908.
(3)
Acceptance. The Board of Supervisors, if it determines that a validity
challenge has merit, may accept a landowner's curative amendment,
with or without revision, or may adopt an alternative amendment, which
will cure the challenged defects. The Board of Supervisors shall consider
the curative amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or Zoning Map.
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
C.
Curative amendments by Township.
(1)
If the Township determines that this chapter or any portion hereof
is substantially invalid, the Township shall declare, by formal action,
this chapter or portions hereof substantially invalid and propose
to prepare a curative amendment to overcome such invalidity. Within
30 days of such declaration and proposal, the Board of Supervisors
shall, by resolution, make specific findings setting forth the declared
invalidity of this chapter, which may include the below listed invalidities,
and begin to prepare and consider a curative amendment to this chapter
to correct the declared invalidity(ies).
(2)
Within 180 days from the date of the declaration and proposal, the
Township shall enact a curative amendment to validate or reaffirm
the validity of this chapter pursuant to the provisions of § 609
of the MPC, in order to cure the declared invalidity of this chapter.
