The Zoning Officer shall issue a permit under this chapter in
response to an application for a use that is permitted by right if
it meets all of the requirements of this chapter.
A.
Submittal. All applications submitted to the Zoning Officer
for a zoning permit involving a permitted use, as designated by this
chapter, shall be in compliance with this section. A zoning permit
for a permitted use shall be issued or denied by the Zoning Officer,
on his own authority, within 30 days after the filing of a complete
and properly prepared application.
B.
Every application for a zoning permit shall include a copy of
the applicant's deed and shall contain the following information and
be accompanied by the required fee and by a site plan/plot plan drawn
to scale and signed by the person responsible for such drawing.
(1)
Site plan. The applicant shall submit a minimum of two copies
of a site plan with the application if the application involves a
new principal building, expansion of a principal building, the addition
of an accessory structure or a use. The site plan shall be drawn to
scale and show the following:
(a)
Locations, dimensions and uses of existing and
proposed structures, parking and loading areas and location of existing
and proposed uses of areas of land, with existing features clearly
distinguished from proposed features.
(b)
Notes showing the dimensions of all buildings from
lot lines and street rights-of-way.
(c)
Locations of any watercourses, wetlands and any
one-hundred-year floodplains.
(d)
Proposed lot area, lot widths and other applicable
dimensional requirements, including lot number and section.
(e)
The exact size and locations on the lot of the
proposed structure or structures or alterations of an existing structure
and of other existing structures on the same lot.
(f)
The existing and intended use of all structures,
existing or proposed, the use of land and the number of dwelling units
the structure is designed to accommodate.
(g)
Locations and widths of existing and proposed sidewalks,
if applicable.
(h)
Well and primary and alternate septic system locations,
if applicable.
(2)
Additional information. Any application under this chapter shall
include the following information unless the Zoning Officer determines
such information is unnecessary to determine compliance with this
chapter, as amended from time to time:
(a)
The address of the lot.
(b)
Name and address of the applicant and of the owner
of the property, if different from the applicant. If the applicant
is incorporated, the legal names and day telephone numbers of the
officers of the organization/corporation.
(c)
A description of the proposed use of the property.
(d)
All other applicable information listed on the
official Township application form.
(e)
Such additional information that the Zoning Officer
may determine is reasonably necessary to determine compliance with
this chapter.
C.
Upon the issuance of a zoning permit, the Zoning Officer shall
return one copy of an endorsed permit and one copy of an endorsed
site plan to the applicant, along with a signed job placard which
shall be conspicuously displayed on the job site during all phases
of construction. In the event the application is denied, reasons for
such denial shall be transmitted to the applicant in writing. One
copy of the endorsed permit shall be forwarded to the Monroe County
Tax Assessment office.
D.
Any zoning permit shall expire if construction has not commenced
within six months after the date of issuance or has not been completed
within three years from said date, unless an extension, not to exceed
six months, is authorized, in writing, by the Zoning Officer.
E.
All applications for zoning permits in a C1, C2 or I District,
and any nonresidential use in a CON, R1, R2 or R3 Zoning District,
shall include the following;
All applications for a public hearing involving a conditional
use as designated by this chapter shall be submitted to the Zoning
Officer and shall be processed in accordance with the following:
B.
Submission requirements. Submission of an application for a
public hearing on a conditional use shall be comprised of the following:
(1)
One originally signed, complete and properly prepared application
for a public hearing on forms furnished by the Township, as well as
13 additional copies of the application for distribution as noted
below.
(2)
Fourteen copies of a site plan or a land development plan, as
may be required under this chapter.
(3)
Fourteen copies of a statement of purpose, intent and extent
of the proposed conditional use.
(4)
Fourteen copies of any other requests for variance(s) and/or
modifications of regulations that may be necessary, including the
reasons therefor.
(5)
Fourteen copies of any other information or data the applicant
deems necessary or desirable to be submitted.
(6)
Should a conditional use consist of or include any real property
lying within a distance of 500 feet from the boundary of any adjoining
Township, two additional copies of all documents and information shall
be submitted.
C.
The submission date of a conditional use application and transmittal
of submitted material by the Zoning Officer shall be as follows:
(1)
The submission date of the conditional use application shall
be when the Zoning Officer has determined that the application is
complete and all required documents and information as noted above
and elsewhere in this chapter have been submitted and the required
fee has been paid. After the Zoning Officer has completed a review
of the application and determined it to be complete, the date of that
determination shall be entered onto the originally signed application
form as the submission date.
(2)
The Zoning Officer, through the Board of Supervisors, shall
determine the date of the public hearing, which must be within 60
days of the submission date, as determined above. The date that has
been set for the public hearing shall be entered onto the originally
signed application form as the hearing date.
(3)
After the hearing date has been set and entered onto the originally
signed application, the Zoning Officer shall also enter the dates
of the publication of required public notice, advertised as follows:
(a)
Public notice shall be published once each week
for two successive weeks in a newspaper of general circulation in
the municipality. Such notice shall state the time and place of the
hearing and the particular nature of the matter to be considered at
the hearing. The first publication shall not be more than 30 days,
and the second publication shall not be less than seven days, prior
to the date of the hearing.
(b)
The Zoning Officer shall conspicuously post a copy
of the public notice on the affected tract of land at least seven
days prior to the date of the hearing.
(c)
Such notice shall state the time and place of the
hearing and the particular nature and location of the matter to be
considered at the hearing.
(d)
A copy of the application form with the above dates,
along with a copy of the public notice and a cover letter requiring
attendance at the public hearing and Planning Commission review date,
shall be forwarded to the applicant by certified mail, with a return
receipt requested, within 30 days of the submission date.
(4)
A minimum of 10 days prior to the next regularly scheduled Planning
Commission meeting, the Zoning Officer shall transmit copies of the
application form and all supporting data and information as follows:
(a)
The original application form and one copy of the
supporting data and information shall remain with the Zoning Officer
for the Zoning Officer's file.
(b)
One copy of the application form, supporting data
and information shall be provided to each of the three Supervisors.
(c)
One copy of the application form, supporting data
and information shall be provided to the Solicitor to the Board of
Supervisors and the Planning Commission, along with a notice that
a review and report shall be submitted to the Planning Commission.
(d)
One copy of the application form, supporting data
and information shall be provided to the Township Secretary for use
as the public inspection copy.
(e)
One copy of the application form, supporting data
and information shall be provided to the Planning Commission Engineer,
along with a notice that a review and report shall be submitted to
the Planning Commission.
(f)
One copy of the application form, supporting data
and information shall be provided to each of the seven Planning Commission
members, along with a request for comments and recommendations.
D.
Planning Commission review. In reviewing an application for
a conditional use, the Planning Commission shall take into consideration
the specific requirements of the proposed conditional use as outlined
in this chapter, as well as, but not limited to, the design, location
and adequacy of traffic issues, parking, landscaping, screening, illumination
and necessary public services and facilities and similar factors relating
to the health, safety, welfare, comfort and convenience of the public
in general and of the residents of the immediate neighborhood in particular.
The site plan and/or land development plan that may be required with
an application must be of sufficient detail and accuracy for the Commission
to adequately review the application for the factors noted in this
subsection.
E.
Planning Commission action. Within 10 days of the regularly
scheduled Planning Commission meeting referenced above, at which time
the application for the conditional use shall have been taken into
consideration, the Commission shall act to recommend to the Supervisors,
in writing, that the conditional use be approved, approved with modifications
or disapproved. Failure of the Planning Commission to act within the
time frames set forth above shall be construed as a favorable recommendation
of the Commission.
F.
Board of Supervisors action. The governing body shall, after
appropriate public notice, conduct public hearings and make decisions
and findings in accordance with the following:
(1)
All hearings shall be held as advertised. Testimony shall be
taken under oath.
(2)
The first hearing before the Board shall be commenced within
60 days from the date of receipt of the applicant's application, unless
the applicant has agreed, in writing, to an extension of time. Each
subsequent hearing before the Board shall be held within 45 days of
the prior hearing, unless otherwise agreed to by the applicant, in
writing, or on the record. An applicant shall complete the presentation
of his case-in-chief within 100 days of the first hearing. Upon the
request of the applicant, the Board shall ensure that the applicant
receives at least seven hours of hearings within 100 days, including
the first hearing. Persons opposed to the application shall complete
the presentation of their opposition to the application within 100
days of the first hearing held after the completion of the applicant's
case-in-chief. An applicant may, upon request, be granted additional
hearings to complete his case-in-chief, provided the persons opposed
to the application are granted an equal number of additional hearings.
Persons opposed to the application may, upon the written consent or
consent on the record by the applicant and municipality, be granted
additional hearings to complete their opposition to the application,
provided the applicant is granted an equal number of additional hearings
for rebuttal.
(3)
The Board shall not communicate directly or indirectly with
any party or his representative(s) in connection with any issue involved
except upon notice and opportunity for all parties to participate,
shall not take notice of any communication, reports, staff memoranda
or other materials unless the parties are afforded an opportunity
to contest the material so noticed and shall not inspect the site
or its surroundings after the commencement of the hearings with any
party or his representative unless all parties are given the opportunity
to be present.
(4)
The parties to the hearing shall be the municipality, any person
affected by the application who has made timely appearance of record
before the Board and any other person, including civic or community
organizations permitted to appear by the Board. The Board shall have
power to require that all persons who wish to be considered parties
enter appearances, in writing, on forms provided by the Board for
that purpose.
(5)
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(7)
The Board shall keep a stenographic record of the proceedings.
A transcript of the proceedings and copies of graphic or written material
received in evidence shall be made available to any party according
to the fee schedule.
G.
Burden of proof. The applicant has the burden of proof and shall
provide the Board with sufficient plans, studies and/or other data
necessary to demonstrate to the satisfaction of the governing body
that the application complies as follows, to wit:
(1)
Compliance with this chapter. The applicant shall establish,
by credible evidence, that the application complies with all applicable
requirements and objective criteria set forth in this chapter such
as:
(a)
The kind of use (i.e., the threshold definition
of what is authorized as a conditional use);
(b)
Specific requirements or standards applicable to
a particular conditional use (e.g., special setbacks); and shall be
suitable for the property in question and designed, constructed, operated
and maintained so as to be in harmony with and appropriate in appearance
to the existing and intended character of the general vicinity.
H.
Decision. The Board shall render a written decision or, when
no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the governing
body.
(1)
In granting a conditional use, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed standards
and criteria that were set forth in this ordinance, as it may deem
necessary to implement the purposes of this chapter, other than those
related to off-site transportation or road improvements. An applicant
for conditional use approval is bound by any imposed conditions that
he/she does not object to or appeal from.
(2)
Where the application is contested or denied, each decision
shall be accompanied by findings of fact or conclusions based thereon,
together with any reasons therefor. Conclusions based on any provisions
of the MPC or of any ordinance, rule or regulation shall contain a
reference to the provision relied on and the reasons why the conclusion
is deemed appropriate in light of the facts found.
(3)
Where the governing body fails to render the decision within
the period required by this subsection or fails to commence, conduct
or complete the required hearings as provided in the MPC, the decision
shall be deemed to have been rendered in favor of the applicant, unless
the applicant has agreed, in writing or on the record, to an extension
of time. When a decision has been rendered in favor of the applicant
because of the failure of the governing body to meet or render a decision
as hereinabove provided, the governing body shall give public notice
of the decision within 10 days from the last day it could have met
to render a decision in the same manner as required by the public
notice requirements of the MPC. If the governing body shall fail to
provide such notice, the applicant may do so.
(4)
Nothing in this subsection shall prejudice the right of any
party opposing the application to appeal the decision to a court of
competent jurisdiction.
(5)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant personally
or mailed to him no later than the day following its date.
I.
Subdivision and land development approval. An applicant that
successfully obtains conditional use approval must still obtain subdivision
and/or land development approval.
J.
Zoning Officer's action. All zoning permits for a conditional
use as granted by the Board of Supervisors shall be issued, rejected
or denied by the Zoning Officer in accordance with the following procedures:
(1)
An application for a zoning permit for a granted conditional
use shall be issued to the applicant within 30 days after the submission
date of said application.
(2)
If the Zoning Officer finds the permit application complete
and correct in all aspects of the granted conditional use, he shall
approve and endorse said application and, when a site plan has been
submitted, endorse both copies of said site plan.
(3)
One copy of the endorsed application, the endorsed site plan,
when applicable, and a completed and signed job placard shall be returned
to the applicant. The signed job placard must be conspicuously displayed
on the job site during all phases of construction of the permitted
conditional use.
(4)
One copy of the endorsed permit shall be forwarded to the Monroe
County Tax Assessment office.
(5)
If the zoning permit application is incomplete and/or incorrect,
the application shall be rejected with the reasons for the rejection
stated thereon or attached thereto.
Where the governing body has stated that special exceptions
are to be granted or denied by the Zoning Hearing Board pursuant to
express standards and criteria, the Zoning Hearing Board shall hear
and decide requests for such special exceptions in accordance with
such standards and criteria. In granting a special exception, the
Zoning Hearing Board may attach such reasonable conditions and safeguards,
in addition to those expressed in this chapter, as it may deem necessary
to implement the purposes of the MPC and this chapter.
A.
Jurisdiction. The Zoning Hearing Board shall hear all applications
for special exception and render its decision in accordance with the
requirements of the MPC.
B.
Submission requirements. Submission of an application for a
public hearing on a special exception use shall be comprised of the
following:
(1)
One application for a public hearing, complete and properly
prepared. Forms are furnished by the Township.
(2)
Ten copies of a tentative site plan of the proposed special
exception use. If a fully engineered subdivision and land development
plan will be required, it may be submitted separately, such as after
a special exception is approved.
(3)
Ten copies of a statement of purpose and extent of the special
exception. This statement should outline, in detail, the special exception
use, any future changes and present and future ownership.
(4)
Ten copies of other requests for variance or waivers that may
be necessary, including the reasons therefor.
(5)
Ten copies of any other information or data the applicant may
deem necessary or desirable to be submitted.
(6)
Should a special exception use consist of or include any real
property lying within a distance of 500 feet from the boundary of
any adjoining Township, two additional copies of all documents and
information shall be submitted.
C.
The submission date of the special exception use application
and the transmittal of the submitted material by the Zoning Officer
shall be as follows:
(1)
The submission date of a special exception use application shall
be when the Township Zoning Officer has determined that the application
is complete and all required documents and information have been submitted
and the required fee has been paid. The submission date shall be entered
on the application for a public hearing form.
(2)
A public hearing shall be held within 60 days from the date
of the submission of the application, unless the applicant has agreed,
in writing, to an extension of time.
(3)
The Zoning Officer shall determine the date of the public hearing,
after consulting with the solicitor to the Zoning Hearing Board, and
shall enter that date on said application form, along with dates of
the public notice which shall be advertised as follows:
(a)
Public notice shall be published once each week
for two successive weeks in a newspaper of general circulation in
the municipality. Such notice shall state the time and place of the
hearing and the particular nature of the matter to be considered at
the hearing. The first publication shall not be more than 30 days,
and the second publication shall not be less than seven days, from
the date of the hearing.
(b)
The Zoning Officer shall conspicuously post a copy
of the public notice on the affected tract of land at least seven
days prior to the date of the hearing.
(c)
Such notice shall state the time and place of the
hearing and particular nature and location of the matter to be considered
at the hearing.
(d)
A copy of the application form with the above dates,
along with a copy of the public notice and a cover letter requiring
attendance at the public hearing and the Planning Commission meeting
date, for review and recommendation, shall be forwarded to the applicant
by certified mail, with a return receipt requested, within 30 days
of the submission date.
(e)
The Zoning Officer shall submit the application
to the Planning Commission for their review and recommendations. However,
the Zoning Hearing Board shall meet the time limits of the state law
for a decision, regardless of whether the Township Planning Commission
has provided comments.
(4)
Within 15 days of the submission date, the Zoning Officer shall
transmit one copy of the application form and one copy of all supporting
data and information to the following:
(a)
Each member of the Zoning Hearing Board.
(b)
Solicitor to the Zoning Hearing Board.
(c)
The Secretary of the Township; this copy is for
public inspection.
(d)
Solicitor to the Planning Commission.
(e)
The recording secretary of the Planning Commission
shall receive the final two copies for distribution as follows:
[1]
One copy for the Planning Commission Engineer,
including a request for a review and report to be submitted to the
Planning Commission. The submittal to the Engineer must be at least
10 days prior to the regularly scheduled or special meeting at which
the special exception use is to be considered by the Planning Commission.
[2]
One copy for the Planning Commission members, along
with a request for comments and recommendations.
D.
Planning Commission review. In reviewing the application for
a special exception hearing, the Commission shall take into consideration
the design, location and adequacy of traffic access, parking, landscaping,
screening, illumination and necessary public services and facilities
and any other similar factors relating to the health, safety, welfare,
comfort and convenience of the public in general and of the residents
of the immediate neighborhood in particular.
E.
Planning Commission action. Within 30 days of the filing of
the application with the Zoning Officer, the Commission shall act
to recommend to the Zoning Hearing Board, in writing, that the tentative
site plan be approved, approved with modifications or disapproved.
Failure on the part of the Commission to act within 30 days shall
be construed as a favorable recommendation of the Planning Commission.
F.
Hearings/decision. The procedures for a public hearing shall
follow the requirements listed under § 083-090 of this chapter.
(1)
Burden of proof. At the hearing on an application for special
exception, the applicant has the burden of proof and shall provide
the Board with sufficient plans, studies and/or other data necessary
to demonstrate, to the satisfaction of the Zoning Hearing Board, that
the application complies as follows, to wit:
(a)
Compliance with this chapter. The applicant shall
establish, by credible evidence, that the application complies with
all applicable requirements and objective criteria set forth in this
chapter, such as:
[1]
The kind of use (i.e., the threshold definition
of what is authorized as a special exception);
[2]
Specific requirements or standards applicable to
a particular special exception (e.g., special setbacks); and shall
be suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing and intended character of the general
vicinity.
(b)
Compliance with other laws. The applicant shall
establish, by credible evidence, that if approval is conditioned upon
compliance with other specific applicable Township, state and federal
laws, regulations and permits, the applicant shall provide the required
permits or other proof of compliance to the Township prior to the
issuance of any zoning permit, building permit, certificate of compliance
and/or recording of an approved land development plan.
(2)
Decision. The Zoning Hearing Board shall render a written decision
and make written findings on the special exception use application
within 45 days after the last hearing before the Board.
(a)
In granting a special exception use, the Board
may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter, other than those related to off-site
transportation or road improvements.
(b)
If the applicant has provided sufficient information
to the Zoning Hearing Board to allow the Zoning Hearing Board to determine
that the proposed use will comply with the objective criteria as set
forth in this chapter, the applicant is entitled to approval because
the use is presumed to be consistent with the public health, safety
and welfare.
(c)
Where the application is contested or denied, each
decision shall be accompanied by findings of fact or conclusions based
thereon, together with any reasons therefor. Conclusions based on
any provisions of the MPC or of any ordinance, rule or regulation
shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in light of the facts found.
(d)
Failure of the Zoning Hearing Board to render a
decision within the time period set forth in the MPC, as amended from
time to time, or failure to conduct the required hearing in the manner
provided by the MPC will result in a decision deemed to have been
rendered in favor of the application. Notice of such deemed approval
must be provided in accordance with the provisions of the MPC, as
amended.
(e)
Nothing in this subsection shall prejudice the
right of any party opposing the application to appeal the decision
to a court of competent jurisdiction.
G.
A land development plan shall be submitted for review and approval.
H.
Zoning Officer's action. All zoning permits for a special exception
as granted by the Zoning Hearing Board shall be issued, rejected or
denied by the Zoning Officer in accordance with the following procedures:
(1)
An application for a zoning permit for a granted special exception
use shall be issued to the applicant within 30 days after the submission
date of a complete application.
(2)
If the Zoning Officer finds the permit application complete
and correct in all aspects of the granted special exception use, the
Zoning Officer shall approve and endorse said application and when
a land development plan or site plan has been submitted, endorse one
copy of said plan.
(a)
One copy of the endorsed permit application, the
endorsed land development plan and/or site plan, when applicable,
and a completed and signed job placard shall be returned to the applicant.
(b)
The signed job placard must be conspicuously displayed
on the job site during all phases of construction of the permitted
special exception.
(3)
If the zoning permit application is incomplete and/or incorrect,
the application shall be rejected with the reasons for the rejection
stated thereon or attached thereto.
