Township of Lower Allen, PA Administration and Enforcement

No permit shall be issued until the Zoning Officer has certified that the proposed building or structure, addition or alteration complies with all the provisions of this chapter, as well as the provisions of all other applicable codes and ordinances.

Applicants are hereby notified that other codes and ordinances enforced by the Codes Official may be applicable.

A permit issued hereunder shall become void 12 months after issuance date if construction or use is not commenced, unless a request for extension has been submitted to and approved by the Zoning Officer. Such request shall be filed with the Zoning Officer at least 30 days prior to the permit expiration date.

Temporary permits. A temporary permit may be authorized by the Zoning Officer for a structure or use which is deemed necessary to promote the proper development of the community, provided that such structure or use shall be completely removed upon expiration of the permit without cost to the Township. Such permits shall be issued for a specified period of time not to exceed 180 days and may be renewed no more than twice.

Revoking of permits. The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or if it found that the work performed or the use to which the property is put is not in conformance with the application, approved plans or provisions of all pertinent laws.

§ 220-263 Inspection by the Zoning Officer.

It shall be the duty of the Zoning Officer or his duly appointed representative to make the following minimum number of inspections of property for which a permit has been issued. Such inspections shall be in addition to any required to determine compliance with Chapter 70, Building Construction and Safety Standards.

Beginning of construction. A record shall be made indicating the time and date of inspection and the finding of the Zoning Officer in regard to conformance of the construction with plans submitted with the approved permit application. If the actual construction does not conform to the application, a written notice of violation shall be issued by the Zoning Officer, and such construction shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction shall proceed.

Throughout construction. Before issuing any permit, the Zoning Officer may, at his discretion, examine or cause to be examined all buildings, structures, signs or land and portions thereof for which an application has been filed for the erection, construction, alteration, repair, extension, replacement, relocation, conversion and/or use. Thereafter, he may make such inspections during the completion of work for which a permit has been issued.

Final inspection. Upon completion of work and before issuing a certificate of use and occupancy, a final inspection shall be made. All violations of the approved plans or permit shall be noted, the holder of the permit shall be notified of the discrepancies and all discrepancies shall be corrected before a certificate of use and occupancy is issued.

§ 220-264 Fees.

The Township Board of Commissioners shall establish, by resolution, a schedule of fees, charges and expenses, as well as a collection procedure for zoning permits, certificates of use and occupancy, appeals, variances, special exceptions, amendments, bonds and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Officer and may be amended only by the Township Board of Commissioners.

Such nonrefundable fees shall be payable to the Township, and until all applicable fees, charges and expenses have been paid in full, the application shall be considered incomplete and no action shall be taken on any applications or appeal.

§ 220-265 Certificate of use and occupancy.

A certificate of use and occupancy shall be a statement issued by the Zoning Officer setting forth that a building, structure, parcel or use of land complies with the provisions of this chapter.

No vacant land shall be occupied or used and no structure or part of a structure hereafter erected, substantially altered or changed in use shall be occupied or used until a certificate of use and occupancy shall have been issued by the Zoning Officer.

A certificate of use and occupancy to establish a use on vacant land, for a change to an existing land use, for an alteration to or a change in use of an existing building, or for the use, in whole or part, of a new building shall be applied for coincident with the application for a zoning permit. The certificate of use and occupancy shall be issued by the Zoning Officer for the use listed on the zoning permit application within five business days following receipt of a final inspection report that verifies compliance with the Zoning Ordinance. When the proposed use also requires a building permit, and a combined certificate of use and occupancy is being used by the Zoning Officer and Building Code Official, the time limit to issue the zoning approval for use and occupancy shall not commence until the Building Code Official has received a final inspection report signifying that construction work has been completed in compliance with the Pennsylvania Uniform Construction Code.[1]

[1]

Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.

A certificate of use and occupancy for changing or extending a nonconforming use existing at the time of the passage of this chapter or of an amendment thereto shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate shall be issued within 15 days after a final inspection and approval by the Zoning Officer.

A record of all certificates of use and occupancy shall be kept on file in the office of the Zoning Officer.

A temporary certificate of use and occupancy may be authorized by the Zoning Officer for a structure or use. Such temporary certificate of use and occupancy shall be issued for a specified period of time not to exceed 180 days and may be renewed no more than twice.

§ 220-265.1 Certificate of nonconformance.

A certificate of nonconformance shall be issued by the Zoning Officer to the owner of any property, upon request, which, at the time of the effective date of this chapter, is identified by the owner as containing a nonconforming use or structure. The owner's property and the issuance date of such certificate shall be registered in the records of the Township as follows:

The certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property.

A copy of the certificate of nonconformance shall be retained and filed by the Zoning Officer.

The certificate shall be for the purposes of ensuring the owner the right to continue a nonconforming use in accordance with the regulations of this chapter.

§ 220-266 Special exceptions and variances.

Applications for any special exception permitted by this chapter or variances shall be made to the Zoning Hearing Board through the Zoning Officer. The Zoning Hearing Board may refer the matter to the Planning Commission for report thereon as to its effect on the community goals and objectives of Lower Allen Township, pursuant to § 220-4 herein.

§ 220-266.1 Conditional uses.

Applications for any conditional use permitted by this chapter shall be made to the Zoning Officer, who shall refer the application to the Planning Commission. The Planning Commission shall review the application and submit its recommendation to the Board of Commissioners for approval or denial.

In addition to the information required on the permit application, the conditional use application must show:

Names and addresses of adjacent property owners, including properties directly across a street or public right-of-way from the subject property.

A surveyed, scaled site plan with sufficient detail and accuracy to demonstrate compliance with applicable provisions of this chapter.

A written description of the proposed use in sufficient detail to demonstrate compliance with this chapter.

Each applicant for a conditional use must demonstrate with appropriate evidence the following:

That the proposed use is consistent with the purpose and intent of this chapter and is listed as a conditional use in the zoning district in which it is proposed.

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

That the conditional use will not be injurious to the use or enjoyment of other properties for permitted purposes.

That establishment of the conditional use will not impede the normal and orderly development and improvement of other properties for uses permitted in the zoning district.

That the conditional use is consistent with the goals and objectives of the Township's Comprehensive Plan, as amended.

(6)

That adequate utilities, infrastructure and other public services are available or will be provided.

(7)

That adequate measures have been or will be taken to provide ingress and egress, to minimize traffic congestion and to facilitate the movement of vehicles and pedestrians.

§ 220-267 Appeals and applications.

An appeal or application for an amendment, special exception, or variance from the terms of this chapter shall be filed with the Zoning Officer and shall contain:

The name and address of the applicant.

The name and address of the owner of the real estate to be affected by such proposal.

A brief description and location of the real estate to be affected by such proposal.

A statement of the present zoning classification of the real estate in question and an accurate description of the present improvements and the alterations intended to be made under this application, indicating the size and use of such proposed improvements and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for permits, indicating the location and size of the lot and location of improvements now erected and proposed to be erected thereon.

A statement of the section of this chapter under which the appeal or application requested may be allowed and reasons why it should be granted or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and reasons for the appeal.

Any other pertinent data required by the Zoning Hearing Board, Township Board of Commissioners and/or Zoning Officer, as appropriate to their individual authorities set forth in this article.

§ 220-268 Violations and penalties.

The erection, construction, reconstruction, excavation, alteration, conversion, maintenance or use of any structure, building, sign, land or landscaping or the change of use, area of use, percentage of use or displacement of use of any structure, building, sign, land or required landscaping/screen planting without first obtaining a zoning permit; the use of any building, structure, sign or land without receipt of a certificate of use and occupancy; the use or maintenance of any building, structure, sign or land for a use or in a manner which is not in accordance with the provisions of this chapter; the use of property for a use different from that set forth in any zoning permit or certificate of use and occupancy which has been granted for the property without applying for and being granted a zoning permit and certificate of occupancy for such new or different use; the failure to comply with any other provisions of this chapter; and the violation of any condition imposed upon the grant of a special exception or variance by the Zoning Hearing Board or by a court, conditional use by the Board of Commissioners or accord of competent jurisdiction if such special exception, variance or conditional use is granted by such court, are hereby declared to be violations of this chapter.

Notice of violation.

When written notice of a violation of any of the provisions of this chapter has been served by the Zoning Officer on the owner, agent or occupant or contractor, such violation shall be discontinued immediately.

All appeals from determinations by the Zoning Officer under this section shall be made to the Zoning Hearing Board within 30 days of the date of the determination.

Causes of action. In case any building, structure, landscaping or land is or is proposed to be erected, constructed, excavated, reconstructed, altered, converted, maintained or used in violation of this chapter, the Township Board of Commissioners or, with the approval of the Township Board of Commissioners, 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 or landscaping of 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 Board of Commissioners. No such action may be maintained until such notice has been given.

Enforcement remedies.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions 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 attorney 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 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 the determination of a violation by the Magisterial District Judge and, thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation shall be paid over to Lower Allen Township.

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.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.

§ 220-269 Zoning Hearing Board.

The Zoning Hearing Board shall have three members appointed by the Township Board of Commissioners, and have such powers and authority as set forth in the Pennsylvania Municipalities Planning Code (Act 247), as amended.[1] The duly established Zoning Hearing Board shall have the following functions:

Hearings. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code (Act 247), as amended. Notice shall be given to the public, the applicant, the landowner, the Zoning Officer, such other persons as the Zoning Hearing Board shall designate and any person who has made timely request for the same. Notices shall be given at such time and in such manner prescribed by the adopted rules of the Zoning Hearing Board. The Township Board of Commissioners may establish reasonable fees, based on costs, to be paid by the applicant and persons requesting any notice or materials not required by ordinance.

Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters, as set forth in the Pennsylvania Municipalities Planning Code:

Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to Sections 609.1 and 916.1(a)(2) of the Code.[2]

[2]

Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2).

(Reserved)[3]

[3]

Editor's Note: Former Subsection B(2) of the 1997 Code, which regarded procedural challenges to the validity of a land use ordinance under the jurisdiction of the Zoning Hearing Board, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Appeals from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease-and-desist order or the registration or refusal to register any nonconforming use, structure or lot.

Appeals from a determination by the Township Engineer or Zoning Officer with reference to the administration of any floodplain ordinance[4] or such provisions within a land use ordinance.

[4]

Editor's Note: See Ch. 110, Floodplain Management.

Applications for variances from the terms of this chapter and/or such provisions within a land use ordinance, pursuant to Section 910.2 of the Pennsylvania Municipalities Planning Code.[5]

[5]

Editor's Note: See 53 P.S. § 10910.2.

(6)

Applications for special exceptions under this chapter or the floodplain ordinance or such provisions within a land use ordinance, pursuant to Section 912.1 of the Pennsylvania Municipalities Planning Code.[6]

[6]

Editor's Note: See 53 P.S. § 10912.1.

(7)

Appeals from the determination of any officer or agency charged with the administration of any transfer of development rights or performance density provisions of this chapter.

(8)

Appeals from the Zoning Officer's determination under Section 916.2, Procedure to Obtain Preliminary Opinion, of the Code.[7]

[7]

Editor's Note: See 53 P.S. § 10916.2.

(9)

Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or Article VII of the Pennsylvania Municipalities Planning Code.[8]

[8]

Editor's Note: See 53 P.S. § 10501 et seq., and § 10701 et seq., respectively.

Variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may, by rule, prescribe the form of application and may require application to the Zoning Officer. The Zoning Hearing Board may grant a variance, provided that the following findings are made where relevant in a given case:

That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the district in which the property is located.

That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefor necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the appellant.

That the variance, if authorized, will not alter the essential character of the district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.

That the variance, if authorized, will represent the minimum variance that will afford relief and represent the least modification possible of the regulation in issue. In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

Special exceptions. In this chapter, special exceptions may be granted or denied by the Zoning Hearing Board pursuant to expressed standards and criteria contained in this chapter. The Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria and prescribe the application form to be used. The Board may grant approval of a special exception, provided that the applicant complies with the following standards and that the proposed special exception shall not be detrimental to the health, safety or welfare of the neighborhood. The burden of proof shall rest with the applicant.

The applicant shall establish, by credible evidence, compliance with all conditions on the special exception contained within this chapter which give the applicant the right to seek the special exception.

The applicant shall establish, by credible evidence, that the proposed special exception shall be properly serviced by all existing public service systems. The peak traffic and parking demands generated by the subject of the application shall be accommodated in a safe and efficient manner or improvements shall be made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems, including, but not limited to police protection, fire protection, utilities, and parks and recreational facilities.

The applicant shall establish, by credible evidence, that the proposed special exception shall be in and of itself properly designed with regard to internal circulation, parking, buffering and all other elements of proper design as specified in this chapter and any other governing law or regulation.

The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.

For uses, structures or any development within the overlay Floodway (FW) and Flood Fringe (FF) Districts, the applicant shall present evidence of the effect of the use, structure or development on flood levels, flood frequencies and velocities; the susceptibility of the use, structure or development to flood damage; the availability of emergency access to the use, structure or development in times of flood; the necessity of the use, structure or development to be located near the floodplain; and the compliance with the requirement that the use, structure or development will not be located in the floodplain if the use, structure or development increases the base flood elevation.

(6)

The applicant shall inform the Board whether any structures on the property are listed upon the National Register of Historic Places or any other registry of historic structures.

(7)

The proposed special exception shall not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and the use of property adjacent to the area included in the special exception application shall be adequately safeguarded.

(8)

The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of and ensure compliance with the Pennsylvania Municipalities Planning Code, as amended, and this chapter, which conditions may include plantings and buffers, harmonious designs of buildings and the elimination of noxious, offensive or hazardous elements.

(9)

Unless otherwise specified by the Board or by law, a special exception shall expire if the applicant fails to obtain a zoning permit within 12 months from the date of authorization thereof by the Board or by the court if such special exception has been granted after an appeal or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the special exception approval within one year from the date of authorization thereof by the Board or by the court if such special exception has been granted after an appeal. The Board, upon written application and for reasonable cause shown, may extend the approval for an additional period of up to one year.

(10)

Any site plan or plot plan presented in support of the special exception shall become an official part of the record for said special exception. Approval of any special exception shall also bind the use in accordance with the submitted site plan or plot plan. Should a change in the site plan or plot plan be required as a part of the approval of the use, the applicant shall revise the site plan or plot plan prior to the issuance of a zoning permit and present such revised plan to the Zoning Officer. Any subsequent change to the use on the subject property not reflected on the originally approved site plan or the amended site plan filed with the Zoning Officer prior to the issuance of the zoning permit shall require the granting of another special exception to authorize such change.

(11)

The Zoning Hearing Board's decision to grant a permit for a special exception use shall be made only after public notice and public hearing. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception.

(12)

If the Zoning Hearing Board requests a report from the Planning Commission pursuant to § 220-266, then no application for a permit shall be granted by the Zoning Hearing Board for any special exception use until said Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the Township of Lower Allen, where appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street loading and unloading spaces and other pertinent features of the proposal.

(13)

The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report thereon. In the event that the Planning Commission shall fail to file its report within 30 days, such application may be deemed to have been recommended approval by the Planning Commission. The Planning Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of this chapter. The Zoning Hearing Board may thereafter direct the Zoning Officer to issue a permit if, in its judgment, the request will not be detrimental to the health, safety and general welfare of the Township of Lower Allen.

(14)

A special exception use for which a permit is granted by the Zoning Hearing Board pursuant to the provisions of this section shall be construed to be a conforming use.

Parties appellant before the Zoning Hearing Board. Appeals raising the substantive validity of any land use ordinance, except those to be brought before the Township Board of Commissioners, pursuant to the Pennsylvania Municipalities Planning Code, as amended, procedural questions or alleged defects in the process or enactment or adoption of land use ordinance; from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease-and-desist order or the registration or refusal to register any nonconforming use, structure or lot; from a determination by the Township Engineer or Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance; or from the determination of the Zoning Officer or Township Engineer in the reference to sedimentation and erosion control and stormwater management, insofar as the same relate to the development not involving subdivision and development or planned residential development, may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Township or any person aggrieved. Requests for a variance and for special exception may be filed with the Zoning Hearing Board by any landowner or tenant with the permission of such landowner.

Time limitations.

No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved by the Township if such proceeding is designed to secure reversal or limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval has been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan or from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or an amendment hereto or map or an amendment thereto shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative approval.

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 Zoning Hearing Board later than 30 days from the time such ordinance, map or amendment takes effect, unless the person raising such issues 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.

All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

Stay of proceedings.

Upon filing of any appeal proceeding before the Zoning Hearing Board and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body and all official action thereunder shall be stayed, unless the Zoning 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 Zoning Hearing Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning 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 Zoning Hearing 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.

After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court.

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. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.